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HomeMy WebLinkAbout1981-03-03Approved March 17, 1981 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, MARCH 3, 1981 - 7:00 PM COMMISSIONERS PRESENT: Bannister, Winchell, Porter, Schumacher COMMISSIONERS ABSENm- Kenefick, Greer, Bauer CONSENT AGENDA: ON MOTION BY WINCHELL AND SECOND BY SCHUMACHER THE CONSENT AGENDA, CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 18, 1981, WAS APPROVED AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Bannister, Winchell, Schumacher NOES: None ABSENT: Kenefick, Greer, Bauer ABSTAIN: Porter ORAL COMMUNICATIONS: Mr. Dick Nerio, 5141 Warner Avenue, addressed the Commission to request that a portion of the Meadowlark Airport property at the northeast corner of Warner Avenue and Roosevelt Street be included in the first General Plan amendment for 1981. Mr. Nerio is ask- ing that the general plan designation on 13 acres of this area be changed from MH (Mobile Home) to commercial. Charles Falzon, 10682 Gold Circle, spoke to the Commission in regard to a possible change in code requirements for open space dimensions and square footage in the R1 district. He cited the in- creasing number of residential remodelings which are being done because of the high cost of land, and said that the present code is causing unwarranted delays in processing applications and in some cases is resulting in illegal work being done in the City. The Commission briefly discussed the proposal and directed staff to research the number of exceptions which have been granted in the last few years and in what areas those exceptions are taking place. Chairman Porter requested that this information be avail- able to the Commission at its first study session on the Land Use Amendment in April. Minutes, H.B. Planning Commission March 3, 1981 Page 2, R C ZONE CHANGE NO. 80-6/ENVIRONMENTAL IMPACT REPORT NO. 80-1 Applicant: Mansion Properties, Inc. To permit a change of zone from Cl-O (Neighborhood CommercJal com- bined with Oil) and R3-0 (Medium High Density Residential combined with Oil) to R4-0 (Multi -Family Residential combined with Oil) on property generally 1-^ated southwesterly of the proposed extension of Palm Avenue and the rL nosed future alignment of 38th Street. Savoy Bellavia inf_rmee 1-he Commission that the request is being made to accommodate a cond'-ion imposed by the Coastal Commission on the applicant's Seacliff IV project. The subject site is a 15.2 acre area and will be incuiporated into a total 21 acre site to be used for construction of the required affordable housing which had been part of the Coastal Commission's approval on the adjoining Sea - cliff IV tract. The public hearing was opened. Al Warot of BCL, consultants on the EIR, made a brief presentation on the environmental impact report, noting that it covers not only the zone change but also the tentative tract map and the conditional use permit which will follow for the ultimate project. It is intended that the mitigating measures in the report be translated into design para- meters within which the detailed development plans can be prepared. Mr. Warot discussed the major sections of the report, which are the significant impacts identified for the project, measures proposed to mitigate those impacts, and potential alternatives to the project. In his -discussion of impacts he noted that access to the site would be provided by the extensions of Palm Avenue and 38th Street, as proposed in the Seacliff IV project as well, and the option will be retained of extending 38th Street westerly to intercept with Pacific Coast HiJh- way. Dave Eadie, representative of the applicants, addressed the Commis- sion to state that the company has read and concurs with the contents of both the EIR and the staff's recommendations in the staff report. Commissioner Winchell inquired of Mr. Eadie why the request was for R-4 when it appeared that a lesser density allowed under R-3 zoning would accommodate the number of units requested. He replied that if the density were to be spread over the entire 21 acres the lower den- sity would suffice for the total 450 units but that the inclusion of the low-cost housing and the requirement for dedication of land makes the higher density designation necessary for the development of the project as conditioned by the Coastal Commission. Dr. Kenneth Hekimian, 6601 Morning Tide Drive, spoke to the Commission on behalf of the Seacliff Homeowners Association. He pointed out what the association considers to be deficiencies in the EIR: It does not address the cumulative effects of both the subject project and the prior Seacliff IV project; traffic considerations are not adequately resolved (i.e., the association considers it imperative that 38th -2- 3-3-81 - P.C. Minutes, H.B. Planning Commission March 3, 1981 Page 3 Street provide access to Garfield Avenue and Edwards Street and that it should be extended to Pacific Coast Highway, with a full precise plan of street alignment prepared); the danger of oil spills from underground pipes was not addressed, and maps are needed showing the location of any such lines and the loca- tion of cutoff valves; and finally that a contingency plan for evacuation of residents in the event of earthquake or major oil spill is There were nk ot,,-r persons to address the Commission, and the public hearing was closed. The Commission disc -sled the EIR and the testimony received at this meeting, in particular the traffic and oil line questions. Commissioner Porter agreed that the circulation patterns in the area should be completed by the project which would be the major generator of traffic in the area, and said that the issue of the 38th Street extension should be brought up again when the project is reviewed. Mr. Eadie responded to the concerns on the oil lines by noting that there are no lines under the subject property so no relocation will be required, although there will be extensive relocation work necessary on the actual Seacliff IV project. He also informed the Commission that the peripheral oil operations such as the Aminoil storage facility and the chlorine tanks had been addressed in the certified Seacliff EIR and would be applicable to the present EIR. In reply to the concerns about evacuating the area, Mr. Eadie noted that an em- ergency improvement of 38th Street to the north had been required on the prior project and that in addition emergency residential egress is available to the south through the Aminoil facility. Commissioner Winchell expressed concern with the R4 zoning, questioning whether granting the increased density at this Ame might not close out the City's options at a future date. Mr. Eadie explained the constraints imposed upon the property by the Coastal Commission requirements and the reasons why the R4 is needed. Staff indicated that the density will not exceed that permitted by the General Plan and that no negative impacts beyond those identified in the EIR are foreseen from that zoning. 'It was also noted that in any event the 450 units as proposed are all that can be built under the Coastal Commission permit. ON MOTION BY BANNISTER AND SECOND BY SCHUMACHER EIR NO. 80-1 WAS DETERMINED TO BE ADEQUATE AND IN COMPLIANCE WITH CEQA, WITH THE INCORPORATION OF THE PRIOR EIR NO. 77-6 FOR THE SEACLIFF IV PROJECT, BY THE FOLLOWING VOTE: AYES: Bannister, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Greer, Bauer ABSTAIN: None -3- 3-3-81 - P.C. Minutes, H.B. Planning Commission March 3, 1981 Page 4 ON MOTION BY BANNISTER AND SECOND BY PORTER ZONE CHANGE NO. 80-6 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed zoi.;_ change from C1-0 and R3-0 to R4-0 is consis- tent with the k-_t,'s General Plan land use designation of Planned Community. ` 2. The proposed zone chai_ja to R4-0 is consistent with the adopted Land Use Plan for thf- Local Coastal Program. 3. The project resulting from the proposed zone change will be con- sistent with the goals and policies of the Housing Element for the City's General Plan. 4. The proposed change of zoning will result in a project that is consistent and compatible with the future surrounding land uses. AYES: Bannister, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Greer, Bauer ABSTAIN: None CONDITIONAL USE PERMIT NO. 81-4 Applicant: Mrs. Osvaldo Di Paolo To permit a day care facility located on the east side of Whetmore Lane at the -end of Capstone Drive (in operation since 1972). Jim Barnes gave a brief presentation on the proposed operation c` the day care center. The public hearing was opened. John Di Orio, neighbor of the proposed facility, spoke to the Com- mission in opposition to granting the request. He also distributed written information in support of his position that the noise, traffic congestion, and safety problems resulting from the use made such an action necessary. Jeanette Dunn spoke in opposition to enlarging the day care center from its present 6 children to an authorized capacity of 8 children. Russell Stennett, Eileen Miller, Paul Mercier, and Wallace Rodecker all addressed the Commission in favor of granting the operation, saying that in their experience there had been no unreasonable noise or traffic problems and that the operation of the center had always been exemplary. Mrs. Di Paolo also spoke in favor of her request. The public hearing was closed. -4- 3-3-81 - P.C. Minutes, H.B. Planning Commission March 3, 1981 Page 5 Commission discussion ensued. The commercial versus residential aspect of the day care operations was discussed and staff ex- plained that the City code does not presently delineate a number of clients beyond which a use would be considered commercial as does the County; however, staff is recommending that such a num- ber be established. The enforcemen' of standards for day care uses was reviewed and the question inicipal liability. Legal counsel Jim Georges assured the Comr. ;lion that no legal liability would accrue to the City thruugh '_:ie mere granting of a conditional use permit. ON MOTION BY WINCHELL AND SECOND BY SCHUMACHER CONDITIONAL USE PERMIT NO. 81-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed use is properly licensed and consistent with County standards pertaining to residential day care facilities. 2. The proposed use has not caused an increase in traffic which is substantial in relation to existing traffic and the capacity of the street system. CONDITIONS OF APPROVAL: 1. -The number of children receiving services shall be no more than eight (8) . 2. The Planning Commission reserves the right to rescind this conditional use permit approval in the event of any violation of the terms of this approval or violation of the applicable zoning laws. Any such decision shall be preceded by nc.*:ice to the applicant and a public hearing, and shall be based upon specific findings. AYES: Bannister, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Greer, Bauer ABSTAIN: None The Commission recessed at 9:10 p.m. and reconvened at 9:20. ZONE CHANGE NO. 81-1 Applicant: William J. Scott To permit a change of zone from R2 to R2-0 on property -located at the northeast corner of Clay Avenue and Holly Street. -5- 3-3-81 - P.C.' Minutes, H.B. Planning Commission March -3,- 1981 Page-6 Savoy Bellavia informed the Commission that staff is recommending that the "0" designation be placed only on a 25 x 60 foot area around each of the onsite wells; he also suggested that a staff recommendation for action to be taken in case the applicant does not supply a legal description of those 25 x 60 foot area: be changed to reflect that the zone change would not be transmitted to the City Council until such legal description is received. The public hearing V.A opened. Don Weir addressed the Commission to speak against the granting of the request on only the --dll parcels, and urged that the "0" suffix be granted as requested -n the entire parcel. Bill Scott also opposed the small areas, saying that they were not sufficient -for proper operation of his wells. The public hearing was closed. The Commission discussed past requests of this nature and the actions taken on appeals to those requests by the City Council. Staff -explained the reasons for the reduced area, citing the other facilities which could be placed onsite if the total area were given the "0" designation. A MOTION WAS MADE BY BANNISTER TO APPROVE THE ZONE CHANGE FOR THE ENTIRE,PLOT OF 280 X 300 FEET WITH THE FINDING THAT THE ADDITION OF THE "0" SUFFIX WOULD BE CONSISTENT WITH THE GENERAL PLAN. MOTION FAILED'FOR LACK OF A SECOND. A MOTION WAS MADE BY WINCHELL AND SECONDED BY PORTER TO APPROVE ZONE CHANGE NO. 81-1 AS AMENDED BY STAFF TO REFLECT THE "0" DESIG- NATION ON ONLY 25 X 60 FOOT AREAS AROUND EACH WELL, WITH MODIFICA- TION TO THE STAFF FINDINGS TO STATE THAT THE ZONE CHANGE WILL BE COMPATIBLE WITH SURROUNDING RESIDENTIAL LAND USES TO THE NORTH AND EAST.- MOTION FAILED BY THE FOLLOWING VOTE: AYES: Winchell-, Porter NOES: Bannister, Schumacher ABSENT: Kenefick, Greer, Bauer ABSTAIN: None A MOTION WAS MADE BY BANNISTER AND SECONDED BY SCHUMACHER TO APPROVE ZONE CHANGE NO. 81-1 FOR THE ENTIRE AREA SUBJECT TO THE FINDINGS AS OUTLINED BY STAFF. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Bannister, Schumacher NOES: Winchell, Porter ABSENT: Kenefick, Greer, Bauer ABSTAIN: None -6- 3-3-81 - P.C. Minutes, H.B. Planning Commission March 3, 1981 Page 7 A MOTION WAS MADE BY BANNISTER TO DENY ZONE CHANGE NO. 81-1. MOTION FAILED FOR LACK OF A SECOND. Due to failure to achieve a majority vote on any motion for action, Zone Change No. 81-1 was automatically continued to the meeting of March 17, 1981. CONDITIONAL T1SE rERMIT NO. 81-5 Applicant: Teymour Boromound To permit the estaY'_-shment of an amusement center on the west side of Magnolia Avenue approximately 725 feet south of Garfield Avenue. Savoy Bellavia pointed out that the staff has supplied the Commis- sion with suggested criteria it might wish to adopt into the ordinance code for future requests of this nature. Commissioner Winchell asked that consideration be given to adding the proximity of such requests to a school to the list of criteria. The public hearing was opened, and closed when no one was present to speak for or against the subject proposal. Commission discussion ensued, centering on traffic problems which might arise with pedestrians attempting to cross Magnolia Street to get to the use. ON MOTION BY BANNISTER AND SECOND BY PORTER CONDITIONAL USE PER- MIT NO. 81-5 WAS DENIED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE: FINDING FOR DENIAL: 1. The use if permitted would attract persons from the residential tracts across Magnolia Street to the east, thereby adding pedestrian traffic to the already hazardous condition of the entrance to this shopping center. This would result in an un- acceptable impact on the safety and welfare of the adjacent community. AYES: Bannister, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Greer, Bauer ABSTAIN: None CONDITIONAL EXCEPTION NO. 81-01 Applicant: Pacific Design & Development To permit reduction of parking stall size for a portion of the parking on the east side of Gothard Street south of Heil and north of Warner Avenue. 11 -7- 3-3-81 - P.C. Minutes, H.B. Planning Commission March 3, 1981 Page 8 Savoy Bellavia reviewed the request, pointing out that the project is approximately 40 spaces over the required parking so if this reduction in size for 37 spaces is granted it will not decrease the required full-size stalls in the center. Applicant is asking for the reduction in order to increase the amount of landscaping along the front of the project. Commissioner Porter suggested that if approved two -conditions be added to require this increase in landscap- ing and to provide Lra.t the smaller stalls be marked for compact cars only. The Commission discussed the concept of the reduced size stalls and the reasons for requiring a conditional exception for that reduction. Legal counsel Jim George indicated that in his opinion there could be no finding of hardship for the request. Bruce Gilmer of Public Works noted that it is virtually impossible to assure that the smaller size stalls will in fact be used only by the smaller cars and that vans and larger automobiles parked in these spaces often create a circulation problem within such commercial facilities. The public hearing was opened. Greg Hamill, project coordinator, addressed the Commission to ask approval of the proposal. There were no other persons to speak for or against the project, and the public hearing was closed. A MOTION WAS MADE BY PORTER AND SECONDED BY SCHUMACHER TO APPROVE CONDITIONAL EXCEPTION NO. 81-01 WITH THE FINDINGS AS OUTLINED BY STAFF AND WITH CONDITIONS AS AMENDED BY THE COMMISSION. THE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Winchell, Porter, Schumacher NOES: Bannister ABSENT: Kenefick, Greer, Bauer ABSTAIN: None C.E. 81-01 was automatically continued to the meeting of March 17, 1981. CODE AMENDMENT NO. 81-1 Initiated by the Department of Development Services An amendment to Article 964 of the Huntington Beach Ordinance Code which will allow apartments and condominiums in District One and will also establish a one -for -one parking ratio for this type of use. The public hearing was opened and closed when no one was present to speak in regard to the matter. Commission review ensued. ON MOTION BY WINCHELL AND SECOND BY BANNISTER THE COMMISSION APPROVED CODE AMENDMENT NO. 81-1 AS PRESENTED BY STAFF FOR RECOMMENDATION TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Bannister, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Greer, Bauer ABSTAIN: None -8- 3-3-81 - P.C. Minutes, H..B. Planning Commission March 3, 1981 Page 9 CODE AMENDMENT NO. 81-2 Initiated by the Department of Development Services An amendment to Article 953 of the Huntington Beach Ordina:.ce Code which would allow outside storage and special criteria for estab- lishing said uses within the district covered by this article. Staff is requestir. '., t this item be pulled from the agenda and continued to the neAt Feting. The public hearing was ope•:,d and closed. ON MOTION BY WINCHELL AND SECOND BY BANNISTER CODE AMENDMENT NO. 81-2 WAS CONTINUED TO THE MEETING OF MARCH 17, 1981, BY THE FOLLOW- ING VOTE: AYES: Bannister, NOES: None ABSENT: Kenefick, ABSTAIN: None DISCUSSION ITEMS: Winchell, Porter, Schumacher Greer, Bauer Secretary Palin reviewed the actions taken at the City Council meet- ing of March 2, 1981, for the information of the Commission. The Commission and staff discussed the timing on General Plan Amend- ment No. 81-1 in relation to the delay which would be caused by adding the request made by Mr. Nerio earlier in the meeting to add a portion of his Meadowlark Airport property to that amendment. June Catalano explained the proposed schedule for processing the amendment, saying that it is hoped to have it up for Commission approval in early May. Addition of the Nerio request would delay that schedule by 4 to 6 weeks. Secretary Palin also pointed out that the Council is working on an area in Central Park and may not wish to have that item delayed for such a period of time. ON MOTION BY BANNISTER AND SECOND BY WINCHELL STAFF WAS DIRECTED TO COMMUNICATE WITH THE CITY COUNCIL TO'ASCERTAIN I-F-THE COUNCIL CAN ACCEPT THE DELAY IN PROCESSING OF THE:GENERAL PLAN"AMENDMENT WHICH ADDING A PORTION OF THE MEADOWLARK AIRPORT PROPERTY TO THE AMENDMENT WOULD ENTAIL: MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Bannister, NOES: None ABSENT: Kenefick, ABSTAIN: None Winchell, Porter, Schumacher Greer, Bauer -9- 3-3-81 - P.C. Minutes;.H.B. Planning Commission March 3,- 1981 Page 10 COMMISSION ITEMS: Commissioner Porter asked that miscellaneous items added tc-, the. Board of Zoning Adjustments' agenda after its distribution be de- scribed in the action agenda in order that projects can be identified by interested persor:. Mr. Porter also asked 'zat staff make sure that the Rainbow disposal site revisions be :ond!tioned to provide sufficient onsite parking to alleviate parking in. Niche Street. Landscaping on the Rainbow site should also be a condition of approval. There being no further business, the meeting adjourned at 10:55 p.m. <_ 7t� Marcus M. Porter, Cha-ixnlan 1 -10- 3-3-81 - P.C.