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HomeMy WebLinkAbout1980-12-02Approved December 16, 1980 MINUTES HUNTINGTON BEACH PLANNING COMMISSION REGULAR MEETING Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, DECEMBER 2, 1980 - 7:00 PM COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: CONSENT CALENDAR: (7:15) Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer None Commissioner Greer asked that Consent Agenda Item A-4 be pulled from the consent calendar for separate consideration. ON MOTION BY WINCHELL AND SECOND BY BANNISTER THE REMAINING CONSENT CALENDAR, CONSISTING OF THE MINUTES OF THE OCTOBER 28 AND NOVEMBER 18, 1980, REGULAR MEETINGS AND CONFORMANCE WITH GENERAL PLAN 80-19, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Bannister, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: Kennefick ABSTAIN: None ITEM A-4: Conformance with General Plan 80-20 (Sewer/Storm Drain Easement Located North of Talbert Avenue and East of Gothard Street The Commission discussed the status of pending litigation on the property, the sources of funding for the storm drain, and its location. Commissioners Greer and Porter questioned the acquisi- tion of the site, saying that proper development of the existing truck yard might have required drainage easements instead of outright purchase. George Tindall said that the drain is needed now to allow neighboring properties to develop; these future projects will be required to reimburse the City for their share of costs.- He also informed the Commission that whether or not the City purchases the site depends on the outcome of the lawsuit, but the conformance is needed now to allow Public Works flexi- bility; however, they will not pursue acquisition unless absolutely necessary. Minutes, H.B. Planning Commission December 2, 1980 Page 2 ON MOTION BY BAUER AND SECOND BY BANNISTER CONFORMANCE WITH THE GENERAL PLAN NO. 80-20 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Bannister, Winchell, Porter, Schumacher, Bauer NOES: Greer ABSENT: Kennefick ABSTAIN: None ORAL COMMUNICATIONS: Mr. Ludwig, 1005 12th Street, addressed the Commission in regard to a recently constructed tower at the corner of Park and Twelfth Streets which he says is intended to house a windmill for power generation. The Commission discussed the legality of the tower and the possibile application of federal and state laws to structures of this nature. Also reviewed was the safety of the tower and its potential for damage to abutting property. Staff was directed to research the matter. REGULAR AGENDA ITEMS: TENTATIVE TRACT 11245/NEGATIVE DECLARATION 80-56 (Cont. from 11-18-80) Applicant: Mansion Properties, Inc. To permit a 25-lot subdivision of 2.8 acres of property on the east side of Lake Street between Yorktown and Utica Avenues. Savoy Bellavia reported that the applicant has submitted a letter requesting a continuance to permit the City Council time to react to the Right -of -Way Committee's report on a future policy for the abandoned Southern Pacific Railroad right-of-way which borders the subject tract to the east. ON MOTION BY BANNISTER AND SECOND BY KENEFICK TT 11245 AND ND 80-56 WERE CONTINUED, AT THE REQUEST OF THE APPLICANT, TO THE MEETING OF DECEMBER 16, 1980, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 80-52 - Appeal Applicant and Appellant: Donald G. Penkoff Appeal to a Board of Zoning Adjustments' denial of a request to permit a truck door to face an arterial highway on property located on the north side of Argosy Avenue approximately 750 feet west of Graham Street. -2- 12-2-80 - P.C. Minutes, H.B. Planning Commission December 2, 1980 Page 3 The public hearing was opened. Donald Penkoff, applicant, addressed the Commission to explain the reason the truck door in the front of his building was needed and to urge approval of his request. Mr. Dean Barlow, owner of an adjacent property (Fibre Form Elec- tronics), spoke in opposition to the request, saying that it would result in a decrease in adjoining property values, would be an eyesore in an already poorly maintained property, and that trucks entering the door might damage his abutting fence. Phil McCullogh, president of Fibre Form, also addressed the Commission to urge denial of the requested truck door off Argosy Avenue. There being no other persons to speak for or against the pro- posal, the public hearing was closed. Noting that there is a curb cut and drive already in leading to the proposed door location, Commissioner Porter questioned how this could be allowed to happen. George Tindall replied that someone had obviously issued a permit without first checking to see that zoning entitlement existed, and his department is tak- ing steps to see that this cannot happen again. The Commission discussed the existing uses in the subject building, the land- scaping, and the fact that exiting from the proposed door would probably involve trucks backing out into Argosy Avenue. ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE COMMISSION UPHELD THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS AND DENIED CONDITIONAL EXCEPTION NO. 80-52 FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The hardship is one of design, imposed by the owner/builder of the building. 2. Approval of the conditional exception would be a grant of special privilege inconsistent with other properties in the vicinity. 3. Approval of the conditional exception may set an unacceptable precedent in the vicinity. AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: one ABSENT: one ABSTAIN: None -3- 12-2-80 - P.C. Minutes, H.B. Planning Commission December 2, 1980 Page 4 CONDITIONAL USE PERMIT 80-28/TENTATIVE TRACT 11272 Applicant: Donald B. Ayres Jr./Roger DeYoung To permit a one -lot subdivision for the construction of a 76-unit condominium development at the northwest corner of Atlanta Avenue and Delaware Street. Staff planner James Barnes described the history of the subject pro- ject, noting that the developer had previously opted to comply with_ the Coastal Commission requirement for low cost housing by providing rental units. However, market and economic factors have since caused the developer to request a change to condominiums. The foundations and slabs had been completed prior to this decision, and the project is proposed to be constructed using the same slabs and layout as the approved apartment project would have used. Mr. Barnes pointed out that major deficiencies in the project would result, due to the differing standards between the apartment and the planned. residential development codes; these deficiencies have been delineated in the staff report. The public hearing was opened. Ren Newcomb, representing the applicants, explained that the lack of financing available for apartment construction had prompted the change in approach. He addressed the questions of building bulk, parking, roof variation and building offset, and recreation facili- ties and pointed out his company's efforts to alleviate the defi- ciencies in each instance. In response to questioning from the Com- mission, Mr. Newcomb said that the Orange County Housing Authority has worked out methods of assuring that these units would remain affordable over time and would be responsible for that aspect of the development. Commissioner Bannister discussed a 1958 court decision which had declared restrictive convenants for such a purpose un- constitutional, and legal staff was directed to research and report on the matter. There were no other persons to speak for or against the proposal, and the public hearing was closed. Extensive Commission discussion followed, taking into consideration the deficiencies outlined by staff, alternative courses of action which the developer might take to offset those deficiencies, the constraints caused by the already in place foundations and pads, and the aesthetic design of the project. Legal counsel Jim Georges pointed out that economics cannot be considered in the granting of denying of a special permit, that the applicant has no vested rights in the project as a condominium by reason of the work already done, and that applicant does not qualify for a density bonus for the mandated provision of the affordable housing units. A general con- sensus emerged from this discussion that the project should be revised to obtain substantial compliance with the planned residen- tial development provisions. -4- 12-2-80 - P.C. Minutes, H.B. Planning Commission December 2, 1980 Page 5 Staff, Commission, and the applicant considered a continuance, and Mr. Newcomb requested that the application be continued to another meeting. ON MOTION BY KENEFICK AND SECOND BY BANNISTER CONDITIONAL USE PERMIT 80-28 AND TENTATIVE TRACT 11272 WERE CONTINUED AT THE REQUEST OF THE APPLICANT TO THE MEETING OF JANUARY 6, 1981, FOR REVISIONS TO THE PLAN TO ALLOW SUBSTANTIAL COMPLIANCE WITH CODE REQUIREMENTS, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None The Commission recessed at 8:40 p.m. and reconvened at 8:50 p.m. ZONE CHANGE NO. 80-16 Applicant: Donald A. Weir To permit a change of zone from R2 to R2-0 on a .495 acre par- cel on the west side of Holly Street approximately 100 feet north of Clay Avenue. Savoy Bellavia informed the Commission that further research into the subject of the oil designation had revealed that a prior Planning Commission direction had taken place instructing staff to formulate a policy which could be uniformly applied to all base zoning districts in the City with regard to the application or removal of the "0" suffix. This policy has not yet been formulated and is to be scheduled for a meeting of the Oil Committee. The public hearing was opened; no persons were present to address the Commission on this matter, and the public hearing was closed. A MOTION WAS MADE BY BANNISTER AND SECONDED BY BAUER TO APPROVE ZONE CHANGE NO. 80-16 FOR RECOMMENDATION TO THE CITY COUNCIL. The Commission reviewed the specific request and discussed the possible time frame for the Oil Committee hearings. Secretary Palin urged that, if concurrence can be obtained from the appli- cant, this particular request be continued so that consistency can be achieved in the processing of this and other applica- tions concerning the oil suffix. -5- 12-2-80 - P.C. Minutes, H.B. Planning Commission December 2, 1980 Page 6 THE MOTION TO APPROVE FAILED BY THE FOLLOWING VOTE: AYES: Bannister, Bauer NOES: Kenefick, Winchell, Greer, Schumacher'' ABSENT: Porter ABSTAIN: None Donald Weir, applicant, was in the audience and, agreed to a contin- uance of his request'to permit the matter ,to .be studied by.the Oil Committee. ON MOTION BY GREER AND SECOND BY KENEFICK ZONE CHANGE NO. 80-16 WAS CONTINUED FOR A THREE-MONTH PERIOD, WITH -THE CONCURRENCE OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Greer, Schumacher, Bauer NOES: None ABSENT: Porter ABSTAIN: None DISCUSSION ITEMS: Secretary Palin reviewed the actions taken at the City Council meet"' ing of December 1, 1980, for the information of the Commission. ORAL COMMUNICATIONS: None COMMISSION ITEMS: Commissioner Kenefick discussed fire protection standards for high- rise construction in the City. She also discussed drainage problems of tracts in the area of Bolsa Chica and Warner Avenue, and requested staff to provide her with information on the drainage proposed for a 224-unit condominium project planned in that region. Commissioner Schumacher informed the Co;:m►ission that a legal opinion has been requested from the Attorney's office in regard to the proper appeal procedure for tentative parcel maps. Commissioner Greer again asked for a date for the closure of Taylor Street. George Tindall, City Engineer, indicated that the Depart- ment of Public Works will prepare a response. Mr. Greer also asked about how the inconsistencies between zoning and general plan designa- tions were to be handled; staff informed him that the majority•of these will be addressed in the upcoming rewrite of the General Plan. Commissioner Bannister discussed Wycliffe Gardens. -6- 12-2-80 - P.C. 1 Minutes, H.B. Planning Commission December 2, 1980 Page 7 Commissioner Kenefick informed the Planning Commissioners of a class at UCI for planning commissioners. She also requested information on a planning conference to be held in Sacramento by the League of Cities. ON MOTION BY PORTER AND SECOND BY WINCHELL THE COMMISSION BY UNANIMOUS VOTE ADJOURNED TO A JOINT MEETING WITH THE HCD COMMITTEE TO BE HELD ON DECEMBER 9, 1980, AT 7:00 PM. Marcus M. Porter, i an -7- 12-2-80 - P.C.