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HomeMy WebLinkAbout1980-07-15August 5, 1980 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, JULY 15, 1980 - 7:15 PM _COMMISSIONERS PRESENT: Kenefick, Winchell, Porter, Greer, Schumacher, Bauer COMMISSIONERS ABSENT: None CONSENT CALENDAR: ON MOTION BY KENEFICK AND SECOND BY GREER THE CONSENT CALENDAR, CONSISTING OF THE MINUTES OF JUNE 17, 1980, AND JULY 1, 1980 REGULAR MEETINGS, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 80-131.5-/ TENTATIVE TRACT 11104/NEGATIVE DECLARATION NO. 80-27 (Continued from July 1, 1980) Applicant: Curtis H.B. Company To permit the construction of 101 condominium units on a one -lot, 5.7 acre site located on the south side of Warner Avenue between Lynn and Sims Streets. Savoy Bellavia reported that the applicant has revised the plans for this project to reflect the setback required, and the layout now complies with all setbacks and all other provisions of Article 936 except those covered by the special permit request. Original building style and elevations have been retained, but the orienta- tion has been changed so that there are now only six units in a row, including the one unit that turns the corner. These changes have been accomplished by providing the main circulation drive on the interior portion of the plan, so that drive access and parking are provided along the setbacks on both property lines. Total open space has been increased by about 3,000 square feet. Chairman Porter reopened the public hearing. Minutes, H.B. Planning Commission July 15, 1980 Page 2 Eleanor Forster addressed the Commission to state that she is the owner of an existing oil and gas lease recorded against the sub- ject parcel and therefore wishes to go on record as opposing the approval of this project. She also stated that in June of this year she had removed approximately 30 barrels of oil and water from the well cellar on her lease. Bob Curtis informed the Commission that his firm has clear title to the property, all prior leases having expired, and that there is no well existing on the site but only an abandoned hole which will have to be capped. David Lorenzini, architect for the project, addressed the Commission to obtain information on the conditions of approval and the processing of the landscaping plans. The public hearing was closed. Legal counsel Jim Georges, in response to a request from the past discussion on this proposal, presented the following legal opinion: "If oil operations exist adjacent to an applicant's property, the site plan shall include disposition or treatment of any existing or proposed future wells or oil operations located or to be located on the adjacent property. Failure to submit such a site plan shall be grounds for disapproval of a proposed subdivision. The applicant's site plan shall include a statement from the oil lessee or the oil operator on the adjacent property that they approve of the site plan." Mr. Georges expressed the opinion that the two oil storage tanks adjacent to the property under consideration do constitute an "oil operation." He also informed the Commission that the burden of -proof of her alleged lease is upon Ms. Forster and that if, in fact, she can prove that she owns a lease on the site her approval also would be required on the plan. He noted, however, that the area is not zoned for drilling and that any lease which might be found to be valid could not be used for oil production without a change of zone to impose the "O" designation on the property. The Commission considered the existence of the two oil tanks on the neighboring property. Secretary Palin informed the Commission that a recent vacation of two strips of property bisecting the area in which the subject site is located had in effect separated the sub- ject site from the tanks by a five-foot strip of City -owned property, and it would be his interpretation that the tanks can be considered "non-adajcent" because of that strip. After lengthy discussion the Commission concurred; but Commissioner Winchell noted that, although the problem may have been solved as regards this particular applica- tion the code seems still ambiguous and should be clarified for the benefit of future applications. Jim Georges said that the code now clearly requires consideration of immediately adjacent oil uses; it -was his suggestion that the staff should request a code amendment to reflect the interpretation which has historically been applied (i.e., consideration of treatment of oil uses only within the blue -2- 7-15-80 - P.C. Minutes, H.B. Planning Commission July 15, 1980 Page 3 borders of a project and not the immediately adjacent property unless it lies under the same ownership as the project under consideration) . The Commission reviewed the revised plan and found that the changes made reflect the prior discussion. ON MOTION BY PORTER AND SECOND BY BAUER NEGATIVE DECLARATION NO. 80-27 WAS ADOPTED, BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY KENEFICK AND SECOND BY BAUER CONDITIONAL USE PER- MIT NO. 80-13 AND TENTATIVE TRACT NO. 11104 WERE ADOPTED WITH THE FOLLOWING FINDINGS AND CONDITIONS, AND WITH THE APPROVAL OF A SPECIAL PERMIT, BY THE FOLLOWING VOTE: FINDINGS FOR SPECIAL PERMIT: 1. The proposed access entry off of Lynn Street will provide an adequate level of safety for automobiles and emergency ve- hicles entering and leaving the site. 2. The proposed development will not be detrimental to the gen- eral health, welfare, safety, and convenience of the neighbor- hood or the City in general, nor detrimental or injurious to the value of property or improvements in the neighborhood or in the City in general. 3. The proposed development is generally consistent with objec- tives of planned unit development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS - CONDITIONAL USE PERMIT NO. 80-13 & TENTATIVE TRACT No. 11104: 1. The proposed subdivision of this 5.7 gross acre parcel of land zoned R3-19, Medium High Density Residential, is proposed to be constructed having 18.8 units per gross acre. 2. The General Plan sets forth provisions for this type of land use as well as setting forth objectives for implementation of this type of housing. 3. The property was previously studied for this intensity of land use at the time the land was designated and the R3-19 zoning designation placed on the subject property. -3- 7-15-80 - P.C. Minutes, H.B. Planning Commission July 15, 1980 Page 4 4. The lot size, depth, frontage, street width, and through the use use of a special permit, all other design and implementation features of the proposed subdivision are proposed to be con- structed in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supplementary City subdivision ordinances. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 80-13: 1. The site plan received and dated July 15, 1980 shall be the approved site plan, and the floor plans and elevations received and dated June 19, 1980 shall be the approved plans and eleva- tions. Z. Natural-gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 3. Natural gas and 220V electrical shall be stubbed in at the loca- tion of clothes dryers. 4. Low -volume heads shall be used on all showers. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 6. Energy efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lots and/or recreation areas. 7. All dwellings on the subject property shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evi- dence of compliance shall consist of submittal of an acoustical analysis report prepared under the supervision of a person ex- perienced in the field of acoustical engineering -with the appli- cation for a building permit. 8. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this develop- ment shall be constructed in compliance with the g-factor as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to issuance of build- ing permits. 9. A chemical analysis as well as tests for physical properties of the soil on subject property shall be submitted to the City for -review prior to -the issuance of building permits. 10. The covenants, conditions, and restrictions for the project shall contain a provision that will prohibit storage of boats, -4- 7-15-80 - P.C. Minutes, H.B. Planning Commission July 15, 1980 Page 5 trailers, and recreational vehicles on the site unless an area which is specifically designed for such storage and which is in compliance with the provisions of Article 936 is provided for in the project. 11. If at any time gates are proposed for any entry location, the design of such gates shall be reviewed and approved by the Department of Development Services and the Fire Depart- ment. 12. All non -productive oil wells on the subject property shall be capped and abandoned in compliance with all applicable pro- visions of the Huntington Beach Municipal Code and State law. 13. The entryways located along Warner Avenue and Lynn Street shall be designed in accordance with provisions set forth by the City's Traffic Engineer. 14. The applicant shall submit a landscape plan revised to reflect the approved site plan. This landscape plan shall be reviewed and approved by the Planning Commission, and shall include the design, layout, and materials of all patio walls and exterior perimeter walls for the entire project. 15. All ground floor portions of all buildings shall be within 150 feet travel distance to an approved fire access lane. Any buildings which do not comply with this provision shall be required to be fire sprinklered in accordance with the provisions set forth by the Huntington Beach Fire Department. CONDITIONS OF APPROVAL - TENTATIVE TRACT 11104: 1. The tentative tract received and dated April 1, 1980 shall be the approved layout. 2. Water systems shall be through the City of Huntington Beach water system. 3. Sewer, water, and fire hydrant systems shall be designed to City standards. 4. The property shall participate in the local drainage assess- ment district requirements and fees. 5. Drainage for the subject 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 construc- tion of the project. 6. All access rights along Warner Avenue and Lynn Street, except for the intersections of the private drives,,'shall be dedicated to the City of Huntington Beach. -5- 7-15-80 - P.C. Minutes, H.B. Planning Commission July 15, 1980 Page 6 7. No parking will be permitted along Warner Avenue at any time. The developer will be required to paint curbs red on Warner Avenue prior to issuance of final permits. 8. Any portion of Lynn Street which is only one-half street wide shall be marked "No Parking" until the full width of Lynn Street is developed. ' AYES: Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT:, None ABSTAIN: None SPECIAL SIGN PERMIT NO. 80-5 Applicant: Superior Electrical Advertising To permit an additional non -illuminated freestanding sign with the dimensions of 4' by 12' by 7'6" to be located on the south side of Edinger Avenue approximately 356 feet east of Gothard Street. The public hearing was opened. Mark Frank, representing the applicant, spoke in favor of approval of the sign request, citing the lack of identification from the street for the affected tenants and the economic hardship resulting from that lack. Christopher Louis, owner of Edinger Plaza in which the sign is pro- posed to be located, also urged approval of the sign request. Ronald Thompson, Hendrika Landers, and Marylin Crossley, tenants of the center, addressed the Commission to ask that the sign request be approved, saying that the alternative would possibly be closure of their places of business. There being no other persons to address the Commission, the public hearing was closed. . Commission discussion followed. It was the general feeling that pro- vision for signing for the small tenants should have been made during the planning process for the center. It was noted that a request for another major identification sign on this property is pending for a future Commission meeting, which would make three signs on this prop- erty frontage. Possible consolidation of signs was suggested. Also discussed extensively was the'existing sign code and the enforcement procedures. ON MOTION BY BAUER AND SECOND BY KENEFICK SPECIAL SIGN PERMIT NO. 80-5 WAS CONTINUED TO THE MEETING OF AUGUST 5, 1980, BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Porter, Greer, Bauer NOES: Schumacher ABSENT: None ABSTAIN: None -6- 7-15-80 - P.C. Ill Minutes, H.B. Planning Commission July 15, 1980 Page 7 SPECIAL SIGN PERMIT NO. 80-7 Applicant: Abate & Weber To permit a 12.5 square foot identification sign in lieu of the code -permitted 5 square foot sign, on property located on the north side of Pacific Coast Highway approximately 300 feet north of Anderson Street. Savoy Bellavia presented slides of the proposed signing, which will identify a five unit planned residential development with no frontage on Pacific Coast Highway. The public hearing was opened. Dr. Noble, developer, addressed the Commission to describe his proposed sign treatment and landscaping of the entry street, which he said would be very extensive planting to include speci- men size trees. There were no other persons to speak for or against the proposed sign, and the public hearing was closed. Commission review ensued. ON MOTION BY KENEFICK AND SECOND BY WINCHELL SPECIAL SIGN PERMIT NO. 80-7 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITION, BY THE FOLLOWING VOTE: FINDINGS: 1. Strict compliance with the ordinance code may result in a sub- stantial economic hardship during the selling phase of the subject subdivision. 2. The proposed sign would not adversely affect other signs in the general area. 3. The proposed sign will not be detrimental to the property located in the vicinity of such sign. 4. The proposed sign does not obstruct pedestrian and/or vehicu- lar traffic vision. 5. Because of the unique location of the proposed project and the smaller than average size for this subdivision," the Addi- tional 7.5 square feet of sign area and the proposed location of the sign are necessary for proper neighborhood identifica- tion. CONDITION OF APPROVAL: The sign layout and description dated July 15, 1980 shall be the approved layout. AYES: Kenefiok, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None -7- 7-15-80 - P.C. Minutes, H.B. Planning Commission July 15, 1980 Page 8 CODE AMENDMENT NO. 80-5 Applicant: Initiated by the Department of Development Services An amendment to the ordinance code to allow office -professional uses in a C2, Community Business District. The public hearing was opened, and closed when no one was present to speak in regard to the code amendment. The proposed amendment was reviewed. ON MOTION BY KENEFICK AND SECOND BY PORTER CODE AMENDMENT NO. 80-5 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 80-22 Applicant: Leo M. Ford Proposal to establish a wholesale nursery growing ground and tree farm in the Edison easement adjacent to Gothard Street and McFadden Avenue. Savoy Bellavia explained that this request had been advertised for this meeting; however, no legal notices to the property owner or ad- jacent property owners were sent and the staff is requesting a continuance. The public hearing was opened and closed. ON MOTION BY WINCHELL AND SECOND BY KENEFICK CONDITIONAL USE PERMIT NO. 80-22 WAS CONTINUED TO THE MEETING OF AUGUST 5, 1980, BY THE FOL- LOWING VOTE: AYES: Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None DISCUSSION ITEMS: CONDITIONAL USE PERMIT NO. 78-18 Revised Conditions of Approval Chairman Porter informed the Commission that the church has withdrawn its request for a revision to the prior conditions of approval, but since persons have attended the meeting to address the matter he will accept public testimony at this meeting. -8- 7-15-80 - P.C. Minutes, H.B. Planning Commission July 15, 1980 Page 9 Savoy Bellavia presented slides showing the walls, planting, and construction as it presently exists at the church site. Dennis Wilson and Joel Osa addressed the Commission in regard to drainage around the perimeter of the church lot and the dumpster and small storage buildings on the site. It was the consensus of the Commission that the intensified landscaping called for in the original conditions of approval has not been installed as intended to screen the parking areas from the adjoining residences; it was also noted that the dumpster was not part of any approval on the project. ON MOTION BY BAUER AND SECOND BY KENEFICK STAFF WAS DIRECTED TO INVESTIGATE THE SITE FOR COMPLIANCE WITH CONDITIONS OF APPROVAL AND PROVISION OF PROPER DRAINAGE, BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None REVOCATION OF ZONE CHANGE NO. 78-14 Recommendation to initiate termination of Q-C3 zoning on a par- cel of land located at the northwest corner of 17th Street and Olive Avenue and rezone to original Townlot Specific Plan, be- cause of non-compliance with the 18-month time limit of the Qualified zoning suffix. Prim Shea addressed the Commission to ask that the zoning not be changed on this property, since her firm had gone into escrow to purchase the site with no knowledge of the imminent expiration of the time limitation. She stated that this would leave her two days to begin substantial construction and would impose consider- able financial hardship for her company. She pointed out that the Townlot zoning would mean she could build only residential units on this site which is surrounded by commercial uses. Ms. Shea inquired whether or not the City would consider it "signifi- cant development" if she demolished the existing building on the site and performed extensive regrading within the next two days, thereby complying with the conditions and retaining the C3 desig- nation. The Commission discussed procedure and alternatives, including extension of time and possible new zoning. Secretary Palin pointed out that the time frame necessary for rezoning would automatically extend Ms. Shea's compliance period. Legal counsel Jim Georges informed the Commission that the statute is so written that the Commission cannot grant an extension without violating the code. -9- 7-15-80 - P.C. Minutes, H.B. Planning Commission July 15, 1980 Page 10 ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE COMMISSION DETER- MINED TO CONTINUE THE -REVOCATION OF ZONE CHANGE NO. 78-14, BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Porter, Greer, Bauer NOES: Schumacher ABSENT: None ABSTAIN: None DEVELOPMENT SERVICES ITEMS: Staff informed the Commission that a joint study session between the Commission and the City Council is being proposed for an August meeting date. PLANNING COMMISSION ITEMS: Chairman Porter appointed Commissioner Schumacher to the Subdivision Committee. Commissioner Schumacher discussed the possible flooding of the sub- terranean parking garages which are being constructed and the possibil- ity of conditioning permanent maintenance and operation of sump pumps provided for such facilities to ensure that pumping will not become an expense to the City. Staff was directed to investigate. Commissioner Bauer requested investigation of a sign at the Golden Bear and at the corner of Algonquin and Davenport. The Commission discussed the sign ordinance at length and directed staff to include it on the agenda for the joint study session in August. Commissioners are to outline their specific concerns to pre- sent as a discussion topic at the next Planning Commission meeting. The meeting was adjourned at 10:45 p.m. k0 ames W. Palin, Secretary Mark Porter, C an :df 1l -10- 7-15-80 - P.C.