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HomeMy WebLinkAbout1980-11-18Approved December 2, 1980 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, alifornia TUESDAY, NOVEMBER 18, 1980 - 7:00 PM COMMISSIONERS PRESENT: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer COMMISSIONERS ABSENT: None CONSENT CALENDAR: Commissioner Greer asked that Item A-5, concerning the water well at Sunview Park, be pulled from the consent agenda for separate consideration. ON MOTION BY BAUER AND SECOND BY SCHUMACHER THE REMAINDER OF THE CONSENT AGENDA, CONSISTING OF THE MINUTES OF OCTOBER 21 AND NOVEMBER 4, 1980 REGULAR MEETINGS AND CONFORMANCE WITH THE GENERAL PLAN NOS. 80-16 AND 80-17, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick*,Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: Kenefick* *Commissioner Kenefick's abstention applied only to the approval of the minutes of October 21, 1980 because she had not been present at that meeting. CONSENT ITEM A-5: Conformance with General Plan No. 80-18 Water Well at Sunview Park Commissioner Greer noted that another City well is to be aban- doned in Murdy Park because of the high sulphur content of the water and questioned what assurances there would be that this could not occur again. George Tindall, City Engineer, discussed the depths of the aquifers into which the wells will be drilled and said that the geographical location in the City has an effect on the quality of the water obtained. He added that a test well will be put down before the permanent well is drilled, and the ,,k-ater sampled periodically while drillinc is going on. Commis- sioner Winchell di cu;;sed hog; well operations will be buffered from the adjacent residential units. Minutes, H.B. Planning Commission November 18, 1980 Page 2 ON MOTION BY BAUER AND SECOND BY GREER CONFORMANCE WITH THE GENERAL PLAN NO. 80-18 WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None REGULAR AGENDA ITEMS: TENTATIVE TRACT NO. 11245/NEGATIVE DECLARATION NO. 80-56 Applicant: Mansion Properties, Inc. To permit a 29-lot subdivision of 2.8 acres of property located on the east side of Lake Street between Yorktown and Utica Avenues. Savoy Bellavia called the Commission's attention to a letter from the applicants requesting vacation of a portion of the Yorktown Avenue right-of-way and to revised findings which had been submitted to them at this meeting. The Commission briefly discussed the future alignment of Yorktown and its possible effect to the subject proposal. The meeting was opened to public testimony. Dave Eadie, representing the applicant, addressed the Commission in support of the proposed subdivision. He addressed certain points presented in the staff report concerning the ownership of the rail- road right-of-way and the alignment of Yorktown Avenue. He des- cribed the history of the right-of-way ownership, noting that the City Attorney has categorically stated that her analysis of the title report submitted by the Huntington Beach Company indicates that the Huntington Beach Company is the property owner. H.B. Company as property owner has authorized Mansion Properties to file on the site. In regard to the question of the blue border of the map not going to centerline on Lake Street, Mr. Eadie noted that this is in fact a resubdivision of the original subdivision of the property in 1914 when street dedication was made, and in the company's view no further dedication is required. In response to the prior requirement placed on other maps on Lake Street to quitclaim any interest in the right-of-way, if any, to the City, he said that this is the first map to be filed which encumbers any of that right-of-way. He addressed the revised findings in regard to the bicycle trails and the abandonment of Yorktown by saying that the width of a Class 1 bike trail could be accommodated on the remainder of the right-of-way and the abandonment adequately covered by conditions of approval. fie added, however, that the applicants would be amenable -2- 11-18-80 - P.C. Minutes, H.B. Planning Commission November 18, 1980 Page 3 to a continuance on the map to reconcile the question of York- town Avenue and to allow the Trails Committee to begin its deliberation on what configuration the bicycle trail might take south of Yorktown Avenue. Members of the Commission questioned Mr. Eadie in regard to the matter of ownership and possible alternatives for a trans- portation corridor in the event that approval of this map should preclude future use of the old right-of-way for that pur- pose. Mr. Eadie quoted a letter from the Orange County Trans— portation Committee which had outlined the need for a future transportation corridor to be within two or three miles of Beach Boulevard. He stated his opinion that the old right-of- way is not a proper place for such a corridor because of insufficient setback from existing and planned residential dev- elopments and the difficulty of providing noise mitigation measures. On the question of ownership, he again pointed out that the question of ownership has been adjudicated by the City Attorney and the Huntington Beach Company is not willing to consider any reservation of that right-of-way. Legal counsel Jim Georges pointed out that ownership of the corridor is not relevant to consideration of the tract map, and that the Commission should consider only whether or not the proposed subdivision conforms to the General Plan and/or any specific plans of the City. Commissioner Winchell asked about how ingress/egress and main- tenance would be provided in relation to the existing oil wells on the property, to which Mr. Eadie replied that no construc- tion would take place at all on Lot 1 and possibly not on Lot 2 until the wells had either been relocated or abandoned. Access is planned from the to -be -vacated right-of-way of Utica Avenue. Connie Mandic, 119 17th Street, discussed the ownership, saying that sufficient cloud existed on the title in 1977 when the Trails Study was made that the Planning staff at that time recom- mended that a legal report be done; the City Council, however, did not authorize the expenditure of the estimated $20,000 to cover such a report. The Council did on three separate occasions state that its intent for the corridor was to use it as an interim bikeway and future mass transit facility. Mrs. Mandic also informed the Commission that the Huntington Beach Company is not carried on the tax rolls as the owner of the property and does not pay taxes on it. In response to a statement by Mrs. Mandic that the right-of-way had been "sold" for transportation purposes, Mr. Eadie responded that an easement was granted by Colonel Northam for the railroad but that the property had never been sold by him. Frank Mola, 808 Adams Avenue, commented that opposition to the use of this corridor for any type of mass transit would in all -3- 11-18-80 - P.C. Minutes, H.B. Planning Commission November 18, 1980 Page 4 likelihood come from the people living adjacent to the strip, who could not be expected to favor the construction of such a facility so close to their homes. Commissioner Kenefick noted that no one knows what the st-te of the art for transportation facilities may be at some time in the future, and the City should preserve its options. Commissioner Bannister stressed the need for the Commission to know who owns the land. He said that the ownership of property does not carry with it the inherent right of ar owner to build on that land, but if research shows that the Huntington Beach Company does indeed own the subject strip and the City tells them they cannot use it the City should reimburse them for that property and the surrounding land. A MOTION WAS MADE BY BANNISTER AND SECONDED BY KENEFICK TO POSTPONE TENTATIVE TRACT 11245 TO THE NEXT MEETING OF THE PLANNING COMMISSION.r In the discussion which followed the motion, Commissioner Schumacher expressed the opinion that the Commission is not qualified to make a legal judgment as to who owns the property. She said the decision the Commission should be considering is whether it wishes to main- tain the City's past position for retention of the corridor. Commissioner Winchell said that staff indicates the map is not con- sistent with the General Plan which Mr. Georges has said is the criterion which should be applied; however, she would be willing to agree to a continuance to discuss the findings if that is the in- tent of the continuance, but she did not want to get into the own- ership question. Commissioner Bannister clarified his motion by stating that it was made specifically so the Planning Department would have time to determine the actual ownership of the property. Further discussion took place on the possibility of establishing ownership; Secretary Palin outlined the City's prior efforts to obtain state funding for title search and informed the Commission that he did not believe any more informa- tion could be provided within the two weeks continuance. THE MOTION TO CONTINUE WAS PASSED BY THE FOLLOWING VOTE: AYES: Bannister, NOES: Schumacher, ABSL;NT: None ABSTAIN: None DISCUSSION ITEMS: Kenefick, Winchell, Porter, Greer Bauer TENTATIVE TRACT NO. 10853/CONDITIONAL USE PERMIT NO. 79-23 Applicant: Mola Development Company Savoy Bellavia informed the Commission that this review is for the purpose of giving the developer some preliminary direction on his lay- out for this 224-unit condominium project prior to its upcoming -4- 11-18-80 - P.C. Minutes, H.B. Planning Commission November 18, 1980 Page 5 public hearing on December 16, 1980, when the final Environmental Impact Report will be available. The Commission reviewed the proposal, considering heights above grade, building bulk, parking provisions, open space, security systems, building separation, and circulation. Frank '-iola, developer, pointed out the changes made to the plan to bring it into conformance with parking requirements and to lessen the height of certain structures. Staff explained to the Commission the methods used for calculating building height. CITY COUNCIL REVIEW Secretary Palin reviewed the City Council action of November 17, 1980 for the Commission's information, including the Land Use and Open Space Amendments and the Local Coastal Plan. He in- formed the Commission that the Council had directed staff to analyze Mr. Chalabian's request for residential designation on his property in Huntington Harbour and submit a recommendation. The Commission was also informed that the appeal filed by Commis- sioner Schumacher on two tentative parcel maps had been found invalid and the maps accepted by the City Council. DEVELOPMENT SERVICES ITEMS: Savoy Bellavia called attention to communications from Housing and Community Development which have been handed out at this meeting in regard to mortgage bonds and the Seventh Year Grant Program. By consensus, the Commission agreed to a joint study session with the Housing and Community Development Committee on December 9, 1980, for review of the grant program. COMMISSION ITEMS: Commissioner Bannister announced that he would be absent from the December 9 meeting. He also informed the Commission that he has received complaints in regard to Wycliffe Towers which allege that it does not comply with approved building plans. Staff was directed to investigate this matter. Commissioner Greer discussed what is apparently an illegal out- side storage use on Systems Drive; staff advised the Commission that a request for prosecution is pending on the problem. Mr. Greer also requested information on Monterey Lane. Staff in- formed him of the decision by the City Council not to pursue public ownership of that right-of-way and the release of the re- quirements for dedication. Commissioner Porter discussed the recent problem with dust and dirt control for a project in the City and also discussed means of assuring that the problem does not reoccur. -5- 11-18-80 - P.C. Minutes, H.B. Planning Commission November 18, 1980 Page 6 Commissioner Schumacher requested an explanation of the Council's action in regard to her filed appeal. Extensive discussion took place between the Commission and legal counsel on the reasons and procedures the Council had relied upon in determining to override the appeal. Staff was requested to supply the Commission with copies of the appeal and of all other pertinent correspondence o;, the matter, and it was decided that Commissioners Schumacher and Kenefick will draft a letter to City Council asking for clarification. ON MOTION BY WINCHELL AND SECOND BY BANNISTER THE COMMISSION AD- JOURNED BY UNANIMOUS VOTE AT 9:10 P.M. Marcus M. Porter, Cha-1-fffan 1 -6- 11-18-80 - P.C.