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HomeMy WebLinkAbout1980-02-05Approved February 20, 1980 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, FEBRUARY 5, 1980 - 7:00 PM COMMISSIONERS PRESENT: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer COMMISSIONERS ABSENT: None CONSENT CALENDAR: Staff has recommended that Agenda Item A-3 (Conformance with the General Plan of the Phase II Warner Avenue Relief Sewer Line) be withdrawn from the consent agenda for later discussion. ON MOTION BY KENEFICK AND SECOND BY PORTER THE REMAINDER OF THE CONSENT AGENDA, CONSISTING OF CONFORMANCE WITH GENERAL PLAN NO. 80-2 AND THE MINUTES OF THE REGULAR MEETING OF JANUARY 15, 1980, WERE APPROVED AS PRESENTED, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Shea, Bauer NOES: None ABSENT: Greer ABSTAIN: None ORAL COMMUNICATIONS: None. PUBLIC HEARINGS: SPECIAL SIGN PERMIT NO. 79-4 Applicant: Sign Design Company To permit erection of an illuminated freestanding sign on property located on the northeast corner of Warner Avenue and Nichols Street. The public hearing was opened. Jack Vodrey, representing the sign company, addressed the Commission in support of the request, noting that the 25-foot height had been asked for to enable the sign to be seen above the traffic for a considerable distance and to try to solve a continuing problem of vandalism which has destroyed the sign that was formerly on the property. Minutes, H.B. Planning Coruli ssion February 5, 1980 Page 2 John Phillipps, president of the church's Board of Directors, also spoke in favor of the request. There being no other persons to speak for or against the proposal, the public hearing was closed. Commission, discussion included consideration of the surrounding area and i�.s,zoning, the location of the sign on the property, the allowable signing per code, and possible new materials which could better withstand the abuse to which the prior signs had been sub- jected. Secretary Palin pointed out that if the street trees as required per standard plans were installed they would effectively block the visibility of the requested 25-foot high sign even if it were to be approved. ON MOTION BY BAZIL AND SECOND BY WINCHELL SPECIAL SIGN PERMIT AS AMENDED BY STAFF WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: Pit DINGS: 1. Special Sign Permit 79-4 as approved substantially meets the conditions necessary for granting such a permit. 2. The sign is compatible with surrounding land uses. CONDITIONS OF APPROVAL: 1. The maximum height of the subject sign shall be limited to ten (10) feet and the maximum area of said sign shall be no greater than sixty (60) square feet. 2. Subject sign shall be located totally within a landscape planter, a minimum of twenty-five (25) feet from the corner of Nichols Street for sight angle purposes. AYES: Winchell, Porter, Bazil, Shea NOES: Kenefick, Bauer ABSENT: None ABSTAIN: Greer Commissioner Greer abstained from voting on this request because he had been absent from the meeting during discussion of the project. SPECIAL SIGN PERMIT NO. 79-5 Applicant: Avis Truck Rental To permit erection of a 30-foot high freestanding sign; sign to be double-faced, interior illuminated plex sign with dimensions of 718" by 101, located on the north side of McFadden Street adjacent to the Southern Pacific railroad tracks and approximately 414 feet east of Gothard Street. 1 -2- 2•-5-80 - P:C. Minutes, H.B. Planning Commission February 5, 1980 Page 3 The public hearing was opened. A representative of the Avis Truck Rental firm spoke in regard to the proposal. He informed the Commission that the company needs identification from the freeway in both directions as well as from Gothard Street and eastbound on McFadden Avenue; he stated that lack of such identification is causing severe economic hardship to the business. Ralph Kiser, of the Huntington Beach Chamber of Commerce, also addressed the Commission to urge granting of the requested sign. There being no other persons to speak in regard to the proposal, the public hearing was closed. The ensuing Commission review resulted in a majority opinion that permitting another nonconforming sign in the area could not be justified. Commissioner Greer spoke in support of the proposal, citing the low elevation of the property which makes visibility difficult, the location of another non -conforming sign on an ad- jacent use, and the fact that the project supplies a needed service and tax base in the community. He urged that some compro- mise be reached on the signing. Savoy Bellavia informed the Commission that the applicant can still provide identification by a sign on the building wall that would be visible to traffic; it was also noted that State statutes control heights of signs within 660 feet of freeways. ON MOTION BY KENEFICK AND SECOND BY BAUER SPECIAL SIGN PERMIT WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. Strict compliance with the ordinance code will not result in any substantial economic hardship. 2. There is no exceptional or extraordinary circumstance that does not apply generally to other properties in the same zoning classification. 3. The granting of this request will constitute the granting of special privilege. AYES: Winchell, Kenefick, Porter, Bazil, Shea, Bauer NOES: Greer ABSENT: None ABSTAIN: None The applicant was informed of the appeal period and procedure. -3- 2-5-80 - P.C. Minutes, H.B. planning Commission February 5, 1980 Page 4 ZONE CHANGE NO. 79-10,NEGATIVE DECLARATION NO. 79-78 Applicant: John A. and Linda Thomas To permit a change of zone from M1-O and M1-O-CD to M1 for a parcel 300 feet wide and 580 feet in depth located on the west side of Stewart Street beginning at a point 145 feet south of Ernest Avenue and extending southerly to a point approximately 290 feet north of Garfield Avenue. Commissioner Greer entered into the record an opinion from the office of the City Attorney stating that he had no conflict of interest in the discussion or the decision on the subject zone change. Savoy Bellavia reviewed the request and presented slides of the area in question. James Palin, Secretary, discussed the proposal, suggesting that an acre of land between the storage yard and Ernest Street also be in- cluded into the request for removal of the CD suffix at minimum and possibly removal of the "0" suffix as well. He also outlined the possibility that the scope of this particular request could be narrowed to leave the "0" designation on a small area specifically for existing pumping operations, freeing up the remainder of the area for other development. He reviewed the history of past City actions in regard to oil properties and pointed out the need for establish- ment of a policy which could be consistently applied throughout the City on "0" designation or removal from parcels. At the conclusion of the Commission's discussion on the proposal he asked that they consider the possibility of a continuance to permit staff to investi- gate the above alternatives. The public hearing was opened. John Anderson, attorney, addressed the Commission in opposition to the removal of the "0" designation from the property. Mr. Anderson asked that the record reflect that Commissioner Bruce Greer is the commission appointee of the applicant; he also noted that it is his belief that, contrary to the written opinion presented earlier, there is a conflict of interest involved in Mr. Greer's participation in the consideration of the zone change. Mr. Anderson informed the Commission that his principal, the King Petroleum Company, has an oil lease in perpetuity for the existing oil operation, which includes by law use of the surface for operations in support of the wells (e.g., tanks, shipping lines and pumps, equipment and machinery, etc.). He stated that granting removal of the "0" designation would constitute "spot zoning," would be contrary to the intent of the City's General Plan, would make the existing wells non -conforming and possibly raise problems with planned future upgrading of the wells, and that there is pending litigation between the applicant and the King Petroleum Company. In response to an asser- tion from Mr. Greer that there are presently non -conforming wells operating without the "0" designation which have experienced no prob- lems, some of which are operated by King, Mr. Anderson concurred that 1 [1 -4- 2-5-80 - P.C. Minutes, H.B. Planning Commission February 5, 1980 Page 5 that is the case but that as stated future problems might occur. He added that in his opinion Zone Change 73-18, which had removed the "0" designation from those wells, was unconstitutional be- cause his clients had never been notified of the action. There being no other persons to speak for or against the request, the public hearing was closed. Commission discussion ensued. Commissioner Greer pointed out that deletion of the "0" suffix will not affect the existing wells, which may continue to operate for an indefinite period of time as long as they are productive, but that it would give the property owner more benefits of the use of his property and make financing of other development easier and less costly. He also pointed out that there is a well designated as idle on the sub- ject premises which does not show up on the property and should possibly be required to be abandoned. Jim Palin said that this well is protected by the blanket "0" designation on the property and is another case in point which shows the need for an overall City policy. Commission consideration included the motivation for the requested zone change, the amount of surface area required by the oil operations, and the applicability of the "0" designation in this particular instance. ON MOTION BY BAUER AND SECOND BY GREER NEGATIVE DECLARATION NO. 79-78 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY BAUER AND SECOND BY KENEFICK THE COMMISSION DENIED THE REQUEST TO REMOVE THE "0" DESIGNATION WITH FINDINGS AS OUTLINED BY STAFF AND APPROVED THE REQUEST TO REMOVE THE "CD" SUFFIX WITH FINDINGS AS OUTLINED BY STAFF, BY THE FOLLOWING VOTE: FINDING FOR DENIAL OF REMOVAL OF THE "0" ZONING SUFFIX: 1. Removal of the "0" designation does not conform with the intent and purpose of Article 968 of the Huntington Beach Ordinance Code and would constitute the establishment of a non -conforming use on the property. FINDING FOR APPROVAL OF REMOVAL OF THE "CD" ZONING SUFFIX: 1. The subject property is not in close proximity to any sub- stantial public facility and therefore elimination of the "CD" suffix will not be a detriment to the public health, safety, convenience, or the general welfare. AYES: Winchell, Kenefick, Porter, Bazil, Shea, Bauer NOES: Greer ABSENT: None ABSTAIN: None -5- 2-5-80 - P.C. Minutes, H.B. Planning Commission February 5, 1980 Page 6 The Chairman advised of the appeal period and procedure. ON MOTION BY BAUER AND SECOND BY PORTER THE STAFF WAS DIRECTED TO FORMULATE A POLICY UNDER WHICH ADDITION OR DELETION OF THE "0" SUFFIX (COMBINING OIL DISTRICT) MAY BE APPLIED IN A UNIFORM MANNER TO ANY PROPERTY IN THE CITY ON WHICH SUCH ACTION MAY BE DEEMED APPLICABLE, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ZONE CHANGE NO. 79-11/NEGATIVE DECLARATION NO. 79-80 Applicant: The Roman Catholic Bishop of Orange To permit a change of zone from SP-1 (Special District, Cemetery) to "Q"RA (Qualified Residential/Agriculture) on property located on the north side of Talbert Avenue approximately 1,543 feet east of Beach Boulevard. The public hearing was opened; there were no persons to address the Commission in this regard, and the public hearing was closed. Staff reviewed the General Plan designation on the property. ON MOTION BY BAZIL AND SECOND BY WINCHELL THE STAFF WAS DIRECTED TO INCLUDE REDESIGNATION OF THE SUBJECT PROPERTY IN GENERAL PLAN AMENDMENT NO. 80-1 FROM OPEN SPACE TO INSTITUTIONAL, BY THE FOLLOW- ING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY WINCHELL AND SECOND BY BAZIL THE COMMISSION DETERMINED TO RECOMMEND TO THE BOARD OF ZONING ADJUSTMENTS THAT THE POSSIBILITY OF ESTABLISHING DEDICATION AND IMPROVEMENTS ON TALBERT AVENUE BE INVESTIGATED WHEN THE TENTATIVE PARCEL MAP FOR THE SUBJECT PROPERTY IS PROCESSED, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY SHEA AND SECOND BY KENEFICK NEGATIVE DECLARATION NO. 79-80 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None -6- 2-5-80 - P.C. Minutes, H.B. Planning Commission February 5, 1980 Page 7 ON MOTION BY SHEA AND SECOND BY WINCHELL ZONE CHANGE NO. 79-11 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL WITH THE FOLLOWING FINDINGS AND CONDITION OF APPROVAL, BY THE FOLLOWING VOTE: FINDINGS: 1. The Land Use Element of the General Plan designates the sub- ject property as open space. Therefore, the proposed RA zoning is consistent with the City's General Plan. 2. Development of a church on the property will be compatible with surrounding land uses provided that measures are taken to ensure the privacy of existing residential units which lie directly east of the subject site. CONDITION OF APPROVAL: 1. The subject site shall be restricted to the development of a church and facilities appurtenant to a church. All develop- ment on the site shall be in strict compliance with provisions of Division 9 of the Huntington Beach Ordinance Code. AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None A recess was called at 8:35 p.m.; the Commission reconvened at 8:45 p.m. SEWER MASTER PLAN Initiated by the Department of Public Works George Tindall, City Engineer, made a brief presentation on the Sewer Master Plan document, outlining the studies involved, the recommendations relative to establishing criteria for sewer design in the City, and the developments proposed for a capital improvements program. The public hearing was opened; there were no persons present in the audience to address the master plan, and the public hearing was closed. In the ensuing Commission discussion, Commissioner Porter expressed the opinion that insufficient data is presented on how much volume seawater intrusion is contributing to the system, and said that engaging in a capital expenditure program for a parallel sewer when remedial action in regard to that seawater intrusion might cost considerably less and result in significant reduction of flow should be based on careful consideration of more precise informa- tion. He also pointed out that the County line in Slater and -7- 2-5-80 - P.C. Minutes, H.B. planning Commission February 5, 1980 Page 8 Goldenwest appears to be at capacity and there is nothing in the report indicating any immediate relief for that area. Mr. Porter also discussed the Coast Trunk Sewer line and the timing on individ- ual reaches of that line; he requested that staff provide information on the ultimate condition placed on the Seacliff IV project by the Coastal Commission in regard to installation and utilization of Reach 3 of that trunk line. Secretary Palin described what he felt to be deficiencies in the plan which would make it inadequate to serve as a master plan which the County could adopt and find compatible with their own. He suggested that staffs of both Development Services and Public Works meet to confer on the problem areas and provide supplementary docu- mentation at a later hearing. After extensive discussion it was the consensus of the Commission that the plan be continued to enable attention to be focused on the problem areas. The resolution submitted for adoption was also re- viewed and it was suggested that it be restructured to include reference to exhibits outlining in some detail the capital improve- ments program which would be undertaken and recommendations made for its implementation. ON MOTION BY WINCHELL AND SECOND BY KENEFICK THE SEWER MASTER PLAN WAS CONTINUED TO THE REGULAR MEETING OF MARCH 4, 1980, BY THE FOLLOW- ING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None DISCUSSION ITEMS: NEWLAND CENTER SITE PLAN REVIEW Applicant: Signal Landmark After review it was the consensus of the Commission that this pro- ject should be brought to the Planning Commission for review and approval. ON, MOTION BY WINCHELL AND SECOND BY PORTER THE COMMISSION DETERMINED TO RECOMMEND TO THE BOARD OF ZONING ADJUSTMENTS THAT BOTH THE PROJECT APPLICATION AND THE EIR PREPARED FOR THE PROJECT BE REFERRED TO THE PLANNING COMMISSION FOR ACTION, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Bauer NOES: None ABSENT: Shea (temporarily absent from meeting room) ABSTAIN: None -8- 2-5-80 - P.C. Minutes, H.B. Planning Commission February 5, 1980 Page 9 REQUEST FOR RV STORAGE IN M1-A DISTRICTS Proposed by W. H. Hartge Savoy Bellavia explained the staff recommendation that the code be amended to allow this use under a conditional use per- mit application. Secretary Palin cited the City's policy of attempting to assist industrial landowners in the use of their property in the period of time preceding intense industrial development. Mr. Bellavia added that the conditional use permit could be conditioned to expire after a given period of time and would give the Commission control over the type and quality of any use that might be proposed. He also said that a code amend- ment setting forth criteria for such uses would help other similar locations in the City, as well as the specific site which Mr. Hartge is advocating. Commission discussion ensued. ON MOTION BY SHEA AND SECOND BY PORTER THE COMMISSION DIRECTED STAFF TO INITIATE A CODE AMENDMENT WHICH WOULD PERMIT RV STOR- AGE AS AN INTERIM USE IN M1-A DISTRICTS, SUBJECT TO ENTITLEMENT UNDER A CONDITIONAL USE PERMIT, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None EXPLORING AFFORDABLE HOUSING Staff reviewed the letter from Wittenberg Corporation requesting the opportunity to make a presentation on the subject. The Commission discussed the possibility of holding a study session for consideration of both this and other alternatives. Senior Planner June Catalano reported on the progress of studies the Advance Planning section is preparing and informed the Commission that considering the complexity of the issues involved it would in all likelihood be helpful to the Commission to have those studies for review prior to the consideration of affordable housing alternatives. After discussion, Staff was directed to explore types of afford- able housing other than the type proposed by the developer in question and arrange a meeting at which several such types could be presented by several proponents. It was also directed that such a meeting be scheduled at a later date, closer to the com- pletion of the implementation phase of the City's Housing Element. The possibility of scheduling such a study session meeting in the afternoon instead of at the regular hour was also considered. -9- 2-5-80 - P.C. Minutes, H.B. Planning Commission February 5, 1980 Page 10 REVIEW OF CITY'COUNCIL AGENDA Secretary Palin reviewed the City Council meeting of February 4 for the Commission's information. The report on the removal of trees along Lake Street which had gone to Council and the Commis- sion was reviewed, and the Commission informed of the replacement ratio which had been imposed by the Council (a requirement for 36 30-inch box trees in addition to the regular street requirement). The Commission was also advised of the Council's action in up- holding the Commission's approval of Conditional Use Permit 79-32, the church construction at Adams and Main Street. COMMISSIONER'S ITEMS: Commissioner Porter expressed concerns with the tax base of the City and suggested that certain City -owned properties might be declared surplus and returned to the tax rolls. ON MOTION BY PORTER AND SECOND BY SHEA STAFF WAS DIRECTED TO PRE- PARE A RESOLUTION FOR FORWARDING TO THE CITY COUNCIL RECOMMENDING REVIEW OF THE CITY -OWNED PROPERTY FOR THE ABOVE PURPOSE, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Porter, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None Commissioner Greer discussed alleged violations at a development project which had been brought to his attention. Staff reported that these allegations had been investigated by City personnel and found either to be not based in fact or, in the case of site drainage, to be corrected by final design of curbs and street gutters. Commissioner Greer also informed the Commission that he will be absent for the next two Commission meetings. ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE COMMISSION ADJOURNED AT 10:30 PM. :dt islisi A, F41,110- VA, wat rlmxwimso mu"'e'MR- I & I A5 01- Rohe Chairman n -10- 2-5-80 - P.C.