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HomeMy WebLinkAbout1980-12-161 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, DECEMBER 16, 1980 - 7:00 PM COMMISSIONERS PRESENT: Bannister (7:15), Kenefick, Winchell, Porter, Greer, Schumacher, Bauer COMMISSIONERS ABSENT: None CONSENT AGENDA: At the request of"Commissioner Porter, Consent Agenda Item A-2 (Conformance with General Plan No. 80-21) was pulled off the consent agenda for separate consideration. ON MOTION BY KENEFICK AND SECOND BY GREER THE REMAINDER OF THE CONSENT AGENDA, CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 2, 1980, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell,Porter, Greer, Schumacher, Bauer NOES: None ABSENT: Bannister ABSTAIN: None Commissioner Porter discussed the possibility of the City's ob- taining some reimbursement for the parcel of land to be vacated in connection with the Yorktown Avenue right-of-way at Lake Street, in light of the fact that the City had had to purchase right-of- way on the other side of the street from the Huntington Beach Company to effect the street widening. Bruce Gilmer of the De- partment of Public Works explained the requirements applicable to the vacation of rights -of -way. ON MOTION BY KENEFICK AND SECOND BY PORTER THE COMMISSION FOUND THE VACATION OF THE RIGHT OF WAY AT YORKTOWN AVENUE AND LAKE STREET (CGP 80-21) TO BE IN CONFORMANCE WITH THE GENERAL PLAN. BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, macher, Bauer NOES: None ABSENT: None ABSTAIN: None Winchell, Porter, Greer, Schu- Minutes, H.B. Planning Commission December 16, 1980 Page 2 ORAL COMMUNICATIONS: Dr. Dennis Riff, 3791 Ragtime Circle, addressed the Commission in regard to a wall being constructed in alleged violation of the zon- ing ordinance next door to his place of residence. He said that the wall had been constructed beginning Saturday morning, December 13, and the owner had informed neighbors it was being constructed with the permission of the City. Dr. Riff further discussed the legality of this action and questioned whether this property owner was to be allowed to violate the code with impunity. In response to questioning from the Commission, Savoy Bellavia re- viewed the history of the project, informing the Commission that the wall had been requested through a Board of Zoning Adjustments conditional exception, had been denied and subsequently appealed to the Planning Commission in September. At the public hearing before the Commission the request had been continued at the applicant's request to the meeting of December 16, 1980, but had inadvertently not been included on the evening's agenda. The applicant, however, has been in contact with the Department first to file a request for the withdrawal of this conditional exception on December 15 and then to request another continuance upon being informed that the project would be heard as a discussion item by the Planning Commis- sion at this December 16 meeting. In regard to the actual con- struction of the wall, Mr. Bellavia noted that the wall on the south property line has been constructed to an illegal height of six (6) feet via a building permit issued specifically for a wall height of forty-two (42) inches. The Building Division has issued a stop work order; however, the fence on the south property line has been totally constructed over the past weekend. The Commission discussed enforcement of the ordinance code, and legal counsel Charles Matheis and Secretary James Palin reviewed the steps open to the applicant and the options available to the City in this regard. Mr. Matheis outlined the procedure' for enforcement in the event the City is required to take legal action to correct any viola- tion. Chairman Porter reopened the public hearing on the appeal to Condi- tional Exception No. 80-29. Kenneth Yaryan, 3782 Ragtime Circle, property owner directly to the south of the subject residence, addressed the Commission to state that the owner of subject property had violated their prior agreement by constructing the wall without the approval by the City of his variance and consequently he (Mr. Yaryan) is opposed to the wall. In his opinion no hardship has been demonstrated as required by code, and he further stated that uninspected electrical work had been in- stalled and covered within the pilasters for the wall. There were no other persons to speak for or against the proposed wall, and the public hearing was closed. In closing the hearing, Chairman Porter expressly directed that Dr. Riff's opening remarks be included as part of the public hearing record. -2- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 3 The Commission discussed the proposal and the information pre- sented by staff and the public. ON MOTION BY BAUER AND SECOND BY KENEFICK THE COMMISSION DETERMINED NOT TO ACCEPT THE APPLICANT'S REQUEST FOR WITHDRAWAL OF CONDITIONAL EXCEPTION NO. 80-29 IN LIGHT OF THE FACT THAT THE WALL HAS BEEN CONSTRUCTED IN THE FIELD WITHOUT BENEFIT OF AN APPROVED VARIANCE, AND TO SUSTAIN THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS BY THE DENIAL OF CONDITIONAL EXCEPTION NO. 80-29 WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The applicant has failed to prove sufficient hardship as man- dated by the ordinance code to justify granting a conditional exception. 2. Granting of a conditional exception would constitute a grant of special privilege not consistent with other properties under similar circumstances and under the same zoning classification. AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY BANNISTER AND SECOND BY BAUER THE PLANNING DIVISION WAS REQUESTED TO INVESTIGATE NOT ISSUING ANY OCCUPANCY PERMIT OR FINAL INSPECTION FOR THE SUBJECT PROJECT UNTIL ALL STRUCTURES ON THE SITE COMPLY WITH ALL OF THE PLANS SUBMITTED AND APPROVED BY THE CITY, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 79-23/TENTATIVE TRACT NO. 10853/ ENVIRONMENTAL IMPACT REPORT NO. 80-5 (Cont. from September 16, 1980) Applicant: Mola Development Company To permit construction of a 224-unit condominium project in a one - lot subdivision of 14 acres located on the east side of Bolsa Street approximately 700 feet south of Warner Avenue. Jim Barnes reviewed the history of the project and the environ- mental assessments on the property, and described the CEQA-mandated procedures which have been followed in the dissemination of the environmental impact report. He noted that it had been sent to a -3- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 4 wide range of interested individuals and agencies and their responses incorporated into the final document. Mr. Barnes also brought to the attention of those present two com- munications received from the office of the City Attorney, the first stating that the City itself has no authority to require offsite testing for hazardous wastes in the vicinity and the second outlining the status of "border zone" properties adjacent within 2000 feet of an identified hazardous waste site after the first of January 1981, pur- suant to recently enacted state legislation. Jim Crisp of Jack K. Bryant & Associates, the firm which prepared the environmental impact report, addressed the Commission to outline the salient features of the EIR: Significant impacts to be expected, alternatives to the project, and mitigation measures to reduce the impacts from the proposed excavation technique. He described the mon- itoring system and controls contained in the work program, outlining primary impacts and demands on public facilities which can be expected to occur during the excavation process. Mr. Crisp introduced others of his staff in attendance and offered to answer any questions. Savoy Bellavia also introduced Robert Stone, Director of the Orange County Health Department, and Millerd Chambers of the State Health Department. Chairman Porter opened the public hearing, asking that each speaker limit his remarks to approximately five minutes. John L. Fort, 17192 Greenleaf Street, questioned the objectivity of the environmental documentation, saying that another opinion is needed. He discussed the question of whether or not a present health hazard actually exists on the site and the lack of any real compari- son between the different methods of handling the hazardous wastes. Commissioner Kenefick asked for clarification of the health problem and Robert Stone responded that although no proof exists at present that the site has caused any human diseases, the County Health Department is still of the opinion that the potential for disease causation does exist on the site, particularly from water contamina- tion, and it is the Department's position that the best disposition of the site is total excavation. Mr. Stone also addressed the type of testing at this point in the meeting, saying that the State Depart- ment of Health could require offsite testing for gas migration. He concurred with the staff's recommendation for monthly offsite testing as being necessary and desirable, but said he would expand that re- quirement to provide further periodic testing after that prescribed time and if gases are still detected then the trench pipe venting system recommended in the environmental impact report should be established. He added that this testing would be just as effective if it were conducted at a sufficient number of locations on the periphery of the subject parcel. Millerd Chambers of the State Health Department concurred with the recommendations of Mr. Stone and indicated that the people his agency would assign to aid in the monitoring of the site would be trained specialists with a wide range of scientific backgrounds. -4- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 5 Mike Miller, Development Services Director of the City of West Covina (location of the BKK hazardous waste disposal site) addressed the Commission to discuss the effects on his City, including the possibility of spillage during transportation. He noted that BKK is almost at capacity at the presen` time, and disposal at that site may not be an alternative by the time the subject project gets under way. Mr. Chambers said that monitoring has been going on at BKK and some minor prob- lems encountered, mostly having to do with the taking of liquid wastes. Jim Crisp, consultant, pointed out that not all of the estimated 50 truckloads per day mentioned in the EIR will be going to BKK - any materials not classified as hazardous will be sent to Class 2 and 3 dumps. Michael Knapp, representing the Huntington Beach Environmental Board, discussed the EIR, reviewing the monitoring, evacuation contingency plan, use of an appropriate agency to verify the testing, and the eventual disposition of the materials at the BKK location. He concluded that the EIR was comprehensive in nature, suggesting only that a performance bond be required to assure completion of the excavation once it had begun. Dian Fort, 17192 Greenleaf Lane, spoke in opposition to the excavation of the site, noting_ its _unknown effects upon the well-being of the surrounding residents. Nathan Zlasney, representing the South Coast Aix Quality Manage- ment District, said that his agency would lean toward prudence in this matter, and the most prudent step wuld be encapsula- tion to avoid odor problems. In the event that excavation proceeds he urged that more attention should be paid to the transportation of the waste material and that stand-by trucks be on -site loaded with clean soil if some unexpected materials are encountered. He also said they would maintain personnel at the site and would take whatever legal action deemed necessary if any of the AQMD regulations are violated. John Thomas, 19782 Scenic Bay Lane, cited his own experience in cleaning up materials and sumps similar to those on the subject site, and expressed the opinion that the best approach is to excavate and be rid of the problem permanently. Charles Beauregard, nearby resident, spoke in regard to the effects to be expected on residents, and urged that if the area is to be excavated it be accomplished as rapidly as possible to lessen those effects. He also asked for clarification on the drainage of the site and why there was such a difference in the time projected from the first hearing to the present one. Mr. Crisp said that the time change from approximately 30 days to approximately-3 to 4 months is a result of concerns of the neighbors and the need to reduce the hours of operation of the landfill operation to meet those concerns, as well as a more -5- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 6 accurate estimate of the quantity of materials to be removed. He estimated the depth of excavation to be from 10 to 25 feet. Drain- age from the site is projected to be 22 cfs runoff during a 25-year storm, and will be collected along the southwest portion of the site where the applicant is proposing a storm drain to go southeasterly to hook up to an existing facility. Margaret Wilson, 16841 Green Street, who indicated that she is representing a number of Dunbar Street residents, said that their main concern is with the water wells. She felt that the short term impact of removal as opposed to the long term adverse impacts to be expected from leaving the materials in the ground would justify immediate excavation of the property. Carol Greenwood, representing the Campaign of Economic Democracy, questioned the effectiveness of the AQMD's monitoring system, which she said is set up to measure smog and not the types of toxic air wastes under consideration here. She indicated that someone is needed to monitor the site with a better knowledge of the problem. Ms. Greenwood said that approval of the EIR should be delayed until AB 2370 is effective in January, so that offsite testing can be im- plemented to better monitor fume migration. Mike Guest, 1732 Greenleaf Street, expressed the opinion that the EIR needs further clarification in areas of effect'to residents, depths of the chemicals on the site, the time frame for excavating, and drainage. He stated that he would like to see the materials left on the site until a better solution can be found. Daniel Mathews, 1712 Pleasant Circle, also discussed the agency which will monitor the excavation, the need for offsite testing, and the existence of precedents for the various mitigation'meas- ures reviewed in the EIR. Al Danzig, from the Orange County Area of the South Coast Air Quality Management District, said that he would anticipate that at least one of their inspectors would be locked into the project from the day it starts until its completion. He added, however, that they have no sophisticated testing equipment available and it would be up to the developer to provide such equipment. Mr. Stone also pointed out that the County does not have a capability to provide anything approaching a continuous monitoring effort. Frank Mola, developer, spoke in support of excavation, outlining the time and effort which he has already put into the project. He informed the Commission that he will be meeting with BKK representa- tives prior to excavation and, in response to a question from Commissioner Kenefick, said that he does not think it would be feasible to excavate the site in the event that the BKK dump site were unavailable to accept the hazardous waste materials. Mr. Mola also indicated that he would like the burden of further test- ing of the area to be shared by the governmental entities which have permitted the problem over a period of 40 years. -6- 12-16-80 P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 7 Cynthia Doe , Chaparral Lane, expressed concern with the declin- ing property values of adjacent properties after the effective date of the new state legislation which will designate proper- ties within 2000 feet of a identified dump site as "border zone" properties. She said the obvious solution seems to be to excavate the area, and urged the City and surrounding persons to cooperate with the developer to accomplish this. There were no other persons to address the proposal, and the public hearing was closed. Commission discussion ensued, taking into consideration the types and quantities of materials on the site, the impacts to be ex- pected from the transportation of such a quantity of excavated soil, fencing of the site, and possible bonding for completion of the excavation process. Particular emphasis was placed by the Commission on a continuing monitoring program during and after excavation, taking into account who would be responsible for overseeing the testing, the location and frequency of test- ing operations, and contingency plans in the event unexpected contaminants or excessive gases are encountered. It was the con- sensus that the developer should be responsible for employing an outside laboratory for the testing program, in addition to the testing previously indicated by the SCAQMD and the health depart- ments. After discussion between the Commission and the propon- ent it became apparent that obtaining a bond of this nature would be a practical impossibility because of the difficulty of setting an upper limit on the probable cost of the operation. Savoy Bellavia reviewed the suggested conditions of approval and proposed modifications to reflect the discussion by the Com- mission. ON MOTION BY BANNISTER AND SECOND BY BAUER ENVIRONMENTAL IMPACT REPORT NO. 80-5• WAS FOUND TO BE ADEQUATE AND IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schu- macher, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY BANNISTER AND SECOND BY PORTER CONDITIONAL USE PER- MIT NO. 79-23 WAS APPROVED, THROUGH THE APPROVAL OF A SPECIAL PERMIT FOR SEVEN UNITS SIDE -BY -SIDE, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS - SPECIAL PERMIT: 1. Through the use of landscape planting materials, aesthetically pleasing architecture and special design and construction -7- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 8 techniques, the surrounding uses will have a minimized impact on the proposed project and in turn the proposed project will not be detrimental to the general health, welfare, safety, and con- venience of the neighborhood or the City in general. 2. The orientation of each of the dwelling units onto private open space, the use of landscaping materials, and the design solution for a unique parcel of land will help to insure maximum privacy for the residents within a project of this density. 3. Through the use of heavy landscape planting and berming through- out the project, and by maximizing the use of aesthetically pleasing types of architecture, the proposed project will promote a better living environment. FINDINGS - CONDITIONAL USE PERMIT NO. 79-23: 1. The proposed subdivision of this 12.51 acre parcel of land zoned R3-18 is proposed to be constructed having 17.95 units per gross acre. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation for this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium and medium - high density residential was placed on the property. 4. The lot size, depth, frontage, street width, and, through the use of a special permit, all other design and implementation features of the proposed subdivision are proposed to be construc- ted 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 Ordinance. CONDITIONS OF APPROVAL: 1. The site plans, floor plans, and elevations received and dated December 12, 1980 shall be the approved layout. 2. A registered archaeologist shall be retained by the developer and shall be on site during the grading operation in areas de- picted on the map received from Archaeological Resource Manage- ment Corporation dated September 28, 1979, or until said arch- aeologist determines that there is no major archaeological significance in these areas. 3. Natural gas and 220V electrical shall be stubbed in at the loca- tions of clothes dryers. 4. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. -8- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 9 5. Low -volume heads shall be used in all showers. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable materials shall be disposed of at an offsite facility equipped to handle then. 7. Energy -efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lots and other out- door areas for energy conservation. 8. All approved drives shall be considered required fire lanes and shall be designed as such subject to the approval of the Huntington Beach Fire Department. 9. 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. Evidence of compliance shall consist of submittal of an acoustical analysis report prepared under the super- vision of a person experienced in the field of acoustical engineering, with the application for a building permit. 10. A fire or sprinkler system shall be designed and installed in those structures deemed necessary by the Huntington Beach Fire Department. This system shall be in compliance with all applicable fire ordinances. 11. If at any time an entry gate is proposed at the main en- trance, location and design of such gate shall be reviewed and approved by the Department of Development Services and the Fire Department. 12. The covenants, conditions, and restrictions shall contain a provision that will prohibit storage of boats, trailers, and recreational vehicles on -site unless an area which is specifically designated for such storage and which is in compliance with the provisions of Article 936 is provided for within the project. 13. An erosion/siltation control plan shall be prepared and submitted with the final grading plan; said erosion/silta- tion control plan shall be subject to the approval of the Department of Public Works of the City of Huntington Beach and the California Regional Water Quality Control Board. 14. Hazardous waste materials on the site shall be removed from the site and deposited at a State -approved landfill facil- ity equipped to handle them. The method of removal of hazardous waste materials shall be subject to the approval of the State of California Department of Health Services. A detailed mitigation plan incorporating the General Plan of Action in Section 9.0 of Final EIR 80-5 (hereby made a part of these conditions) shall be approved by the Dir- -9- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 10 ector of Development Services of the City of Huntington Beach and by the State Department of Health Services prior to issu- ance of grading permit. Also prior to the City's issuance of a grading permit for ex- cavation , the developer shall submit the following for the approval of the Planning Commission: 1) A contract from a properly rated dump site for disposal of the hazardous waste; and 2) a firm proposal from a qualified laboratory on the mon- itoring of the site and the frequency and method and type of testing of air quality, water, and soils that are -to be meas- ured on the site. 15. On -site worker safety measures shall be incorporated into the detailed mitigation plan pursuant to the provisions stated in Section 9.0 of Final EIR 80-5. 16. On -site medical considerations shall be incorporated into the detailed mitigation plan pursuant to the provisions stated in Section 9.0 of Final EIR 80-5. 17. An air monitoring program for off -site safety shall be incor- porated into the detailed mitigation plan pursuant to provi- sions stated in Section 9.0 of Final EIR 80-5. 18. Public notification of the excavation operation shall be carried out pursuant to provisions stated in Section 9.0 of Final EIR 80-5. 19. An evacuation plan shall be incorporated into the detailed miti- gation plan pursuant to provisions stated in Section 9.0 of Final EIR 80-5. 20. A hazardous waste excavation plan shall be incorporated into the detailed mitigation plan pursuant to provisions stated in Section 9.0 of Final EIR 80-5. 21. A neutralizing agent acceptable to the State Department of Health Services and the South Coast Air Quality Management District shall be used on site to mitigate the odor impact. Noxious materials exposed by excavation and stockpiled while awaiting removal shall be sprayed with the neutralizing agent and covered with clean soil promptly. 22. The detailed mitigation plan shall include environmental analy- sis of the extent of the odor plume via an appropriate dispersion model. This information shall be transmitted to the South Coast Air Quality Management District for review. Persons resid- ing within the area of the plume shall be notified of the grading excavation schedule. 23. The removal, transportation, and disposal of waste material on the site should not take place if a Stage I or II smog alert is predicted or called. The type of equipment used and routes -10- 12-16-80 - P.C. 1 Minutes, H.B. Planning Commission December 16, 1980 Page 11 taken for the transportation of waste materials removed from the site shall be approved by the Director of Dev- elopment Services, the State Department of Health Services, and the South Coast Air Quality Management District. 24. If feasible, a mobile lab unit shall be located on -site for quantification of the constituents present in on -site soils and vapors. 25. During excavation of the site, a marshalling area to hold trucks waiting to load shall be clear at all times. That area should be located where noise and fumes will create a minimum disturbance to surrounding properties. 26. Dust palliatives shall be used to minimize dust both on the site and on the streets. 27. Trucks hauling hazardous materials shall be appropriately covered, labeled, and otherwise comply with Department of Transportation, Environmental Protection Agency, California Highway Patrol, and Department of Health Services regula- tions. 28. A spill contingency program as required by the Department of Transportation and Environmental Protection agency regu- lations and as outlined in Final EIR 80-5 shall be formulated and be ready for implementation as needed. 29. Structural damage to street pavement as a direct result of heavy truck traffic from the project shall be repaired at the expense of the developer in cooperation with the Department of Public Works of the City of Huntington Beach. 30. The applicant shall be responsible for conducting gas sniffer tests at least once a month for a period of not less than six (6) months at locations along the property lines of subject site subsequent to the completion of all grading and excavation on the site. Results of these gas sniffer tests shall be submitted to the Director of Development Ser- vices of the City of Huntington Beach, the State Department of Health, and the South Coast Air Quality Management District. If gases are detected through these tests, additional test- ing shall continue for an additional six (6) month period. If gases are still detected, then specific measures which are acceptable to both State and County Health Departments and to the Director of Development Services shall be taken. 31. The site shall be completely fenced both during excavation and grading activities and the construction phase of the project. -11- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 12 AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY BANNISTER AND SECOND BY PORTER TENTATIVE TRACT NO. 10853 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision of this 12.51 acre parcel of land zoned R3-18 is proposed to be constructed having 17.95 units per gross acre. 2. The General Plan has set 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 use designation for medium and medium - high density residential was placed on the property. 4. The lot size, depth, frontage, street width, and through the use of a special permit all other design and implementation features of the proposed subdivision are proposed to be constructed in com- pliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supplemen- tary City Subdivision Ord i nance. CONDITIONS OF APPROVAL: 1. The tentative tract received and dated September 12, 1980, shall be the approved tentative tract. Said map shall be revised to incorporate a cross section for the street section of Bolsa Chica Street. 2. The water system shall be through the City of Huntington Beach water system. 3. The sewer, water, and fire hydrant systems shall be designed to City standards. 4. The property shall participate in local drainage assessment dis- trict requirements and fees. 5. Drainage for the 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 con- trol both during and after construction of the proposed project. -12- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 13 6. All access rights along Bolsa Chica except at the intersec- tion of the private drive shall be dedicated to the City of Huntington Beach. AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schu- macher, Bauer NOES: None ABSENT: None ABSTAIN: None TENTATIVE TRACT NO. 11245/NEGATIVE DECLARATION NO. 80-56 Applicant: Mansion Properties, Inc. (Cont. from 12-2-80) To permit a 29-lot subdivision of 2.8 acres of land located on the east side of Lake Street between Yorktown and Utica Avenues. Savoy Bellavia reported no further information to submit other than that contained in the staff report. Dave Eadie, representing the applicants, addressed the Commis- sion to urge approval of the map. He stated that in his opinion the ownership of the railroad right-of-way is not an issue and that the findings for denial are not justified by fact, as there is no reference in the General Plan as to what width a bicycle trail should be and the 20 feet on the easterly side of the right-of-way should be more than adequate for that purpose. He also indicated that the finding of non-conformance because a portion of the right-of-way of Yorktown Avenue has not been vacated could be handled by a condition of approval. Commissioner Bannister concurred that the width of the trail was not addressed in the Bike Trails Implementation Plan and expressed concern that the Commission might appear to be denying a request on the basis of something -that "may" occur in the future. Staff and the Commission discussed the areas of non -conformity, and Secretary Palin outlined the steps to be taken by the applicants to eliminate those non -conformities and bring the proposed map into compliance. ON MOTION BY KENEFICK AND SECOND BY SCHUMACHER TENTATIVE TRACT NO. 11245 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOW- ING VOTE: FINDINGS FOR DENIAL: 1. Pursuant to Section 66474(a) of the Government Code, the proposed map is not consistent with applicable general and specific plans insofar as the proposed alley is located on -13- 12-16-80 P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 14 the former Pacific Electric Railroad right-of-way, which has been identified as a portion of the Phase II bicycle trail in the Bike Trail Implementation Plan approved by the City Council in March of 1978. 2. Pursuant to Section 66474(b) of the Government Code, the design or improvements of the proposed subdivision are not consistent with applicable general and specific plans, insofar as the pro- posed map identifies an alleyway to be constructed over an area that has been identified as part of the Phase II bike trails in the Bike Trail Implementation Plan approved by the City Council in March of 1978. 3. Pursuant to Section 66474(g) of the Government Code, a portion of the proposed subdivision (Lots 28 and 29) is intended to be developer over public easement of record as shown on Final Map, shown on Page 9, Book 13, of the Records in the County of Orange, which has not been formally abandoned by the City Council. Therefore, the improvement of this subdivision will conflict with said existing public easement. AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None ZONE CHANGE NO. 80-17 Applicant: John A. Thomas To permit a change of zone from M1-A-CD to Ml-A-O-CD on .33 acre of land located on the north side of Garfield Avenue approximately 200 feet east of Goldenwest Street. Savoy Bellavia noted that the staff recommendation is the same on this request as it has been on prior similar requests - for a tabling action to permit the Oil Committee to supply a recommendation for uniform addition or deletion of the "0" suffix on properties in the City. Commissioner Greer asked if any commissioner felt that he should not participate in this discussion; after informal poll, no commissioner objected to Mr. Greer's participation. The public hearing was opened. Mr. Thomas spoke in support of his request, pointing out that the "0" suffix had been removed from this same property in 1973 when the Civic District designation was added. He also noted that he is asking for 110" designation on only a 15 by 60 foot parcel, rather than the whole site. He explained that the well on the property had been operating under a temporary 90-day permit and he has been cited 1 -14- 12-16-80 - P.C. Minutes, H.S. Planning Commission December 16, 1980 Page 15 by the City and required either to obtain the proper oil zoning designation or shut the well down. The Commission discussed the size of the requested parcel in relation to its adequacy for production of the well and the time frame which the Oil Committee may require to complete its work. ON MOTION BY WINCHELL AND SECOND BY PORTER ZONE CHANGE NO. 80-17 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Winchell, Porter, Greer, Schumacher NOES: Bannister, Kenefick, Bauer ABSENT: None ABSTAIN: None Later in the meeting, Commissioner Greer asked to be allowed to change his vote to an abstention; Commissioner Bannister then requested permission to change his vote to "aye." Chairman Porter ruled out these changes, saying that in a case such as this a total reconsideration should take place. ON MOTION BY GREER AND SECOND BY PORTER THE COMMISSION VOTED TO RECONSIDER ZONE CHANGE NO. 80-17, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Porter, Greer, Schumacher NOES: Winchell, Bauer ABSENT: None ABSTAIN: None A MOTION WAS MADE BY WINCHELL AND SECONDED BY PORTER TO APPROVE ZONE CHANGE NO. 80-17 AND RECOMMEND THAT THE CITY COUNCIL WITHHOLD THE SECOND READING OF THE ZONE CHANGE UNTIL AFTER THE OIL COMMITTEE HAS FINISHED ITS CONSIDERATIONS. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Winchell, Porter NOES: Bannister, Kenefick, Schumacher, Bauer ABSENT: None ABSTAIN: Greer Commissioner Schumacher then asked if the applicant would accept a continuance of the matter; Mr. Thomas then addressed the Commission to request either approval or denial of his application. ON MOTION BY KENEFICK AND SECOND BY BANNISTER ZONE CHANGE NO. 80-17 WAS DENIED FOR THE FOLLOWING REASON BY THE FOLLOWING VOTE: - REASON FOR DENIAL: To maintain consistency with the Planning Commission's prior actions to continue oil designation applications to permit review and recommendation by the Oil Committee. -15- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 16 AYES: Bannister, Kenefick, Winchell, Porter, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: Greer DISCUSSION ITEMS: COMMISSION RECOMMENDATION ON 7TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION This item had been previously reviewed by the Commission at its joint meeting with the HCD Committee. Brief discussion took place. ON MOTION BY WINCHELL AND SECOND BY KENEFICK THE COMMISSION'DETER- MINED TO ADOPT THE FOLLOWING RECOMMENDATIONS AND FORWARD THEM TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: RECOMMENDATIONS: 1. The Commission endorses and recommends to the City Council the roster of projects recommended by the Citizens Advisory Board and included in the Draft Seventh Year Application. 2. Contrary to previous years, the Planning Commission prefers not to conduct the public hearing on the Block Grant, and recommends that the City Council conduct the public hearing on the draft application as required by federal regulation. AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 1271 Alteration of Non -conforming Use at 524 9th Street Michael Ferragamo, owner of the property in question, addressed the Commission to explain his request - the addition of a 96 square foot bathroom to an existing house which is non -conforming because the site does not have a two -car garage. He explained that there had been no garage on the premises when he purchased the house (it had been gone for 18 years) and said that he had already obtained a rehabilitation loan when he was informed that he could not build the addition. Commission discussion ensued. A MOTION WAS MADE BY WINCHELL AND SECONDED BY BAUER TO DENY THE REQUEST BASED ON THE FINDING OF NON-CONFORMANCE AS RECOMMENDED BY STAFF. MOTION FAILED BY THE FOLLOWING VOTE: -16- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16, 1980 Page 17 AYES: Winchell, Greer, Bauer NOES: Bannister, Kenefick, Porter, Schumacher ABSENT: None ABSTAIN: None A MOTION WAS MADE BY KENEFICK AND SECONDED BY BANNISTER TO ADOPT RESOLUTION NO. 1271 AND PERMIT THE CONSTRUCTION -OF THE ADDITION AT 524 NINTH STREET, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Porter, Greer, Schumacher NOES: Winchell, Bauer ABSENT: None ABSTAIN: None CITY COUNCIL MEETING: Secretary Palin briefly reviewed the action taken by the City Council at its meeting of December 15, including the delibera- tions on the Local Coastal Program. CONDITIONAL USE PERMIT NO. 78-18 (Revision to Conditions) Applicant: Church of Jesus Christ of Latter Dav Saints Revision of conditions of approval imposed upon a 25,300 square foot church facility located on the south side of Atlanta Avenue between Newland and Magnolia Streets. Staff presented a list of revised the subject church which has been and its legal representative. The to both the City and the church ar to resolve the differences which I church and its adjacent neighbors. suggested conditions. conditions of approval for worked out with the church se conditions were acceptable d it is hoped they will serve ave existed between the The Commission reviewed the ON MOTION BY WINCHELL AND SECOND BY KENEFICK THE FOLLOWING REVISIONS TO THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 78-18 WERE APPROVED AS FOLLOWS, BY THE FOLLOWING VOTE: REVISED CONDITIONS OF APPROVAL: NOTE: The conditions of approval adopted on December 16, 1980 shall supersede the condition of approval (Alternative 3) as approved by the Planning Commission on November 21, 1978. 1. The proposed wall will be as that proposed by the applicant in the plans received and dated September 19, 1980, and shall be constructed of like or similar colors and material of ex- isting block wall located along the westerly property line. Said wall shall be a minimum of six (6) feet in height from the highest finished grade adjacent to the wall. -17- 12-16-80 - P.C. Minutes, H.B. Planning Commission December 16,_1980 Page 18 2. The area or void between the existing and the proposed wall shall be grouted and capped to the satisfaction of the Depart- ment of Development Services. 3. Existing wing wall located between the storage building and the westerly property line shall be removed. 4. The trash (dumpster) facility shall be relocated. Said dumpster shall be relocated within an existing landscaped area within the parking compound and shall be at least fifty (50) feet from the interior property line. 5. Existing landscaping area along the south property line shall be filled in and surfaced with an acceptable material, such as asphalt concrete or concrete in order to allow drainage of water to sheet northerly. AYES: Bannister, Kenefick, Winchell, Porter, Greer, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None CLOSURE OF TAYLOR DRIVE A memorandum was submitted to the Commission from the Department of Public Works in regard to the status of Taylor Drive. There being no further business, the meeting adjourned at 12:50 a.m. :df Marcus M. orter, i an 1 -18- 12-16-80 - P.C.