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HomeMy WebLinkAbout1981-07-07Approved August 4, 1981 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY. JULY 7, 1981 - 7:00 PM COMMISSIONERS PRESENT: Bannister (7:45), Kenefick, Winchell, Porter (7:55), Paone, Schumacher, Mahaffey COMMISSIONERS ABSENT: None The meeting was called to order by Chairman Pro Tem Winchell. After the pledge of allegiance and roll call, the chair was turned over to Acting Secretary June Catalano, who opened the nominations for chairman of the Planning Commission. ON MOTION BY KENEFICK AND SECOND BY SCHUMACHER GRACE WINCHELL WAS NOMINATED FOR CHAIRMAN. No further nominations were made. ON MOTION BY KENEFICK AND SECOND BY MAHAFFEY THE NOMINATIONS FOR CHAIRMAN WERE CLOSED BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Paone, Schumacher, Mahaffey NOES: None ABSENT: Bannister, Porter ABSTAIN: None The acting chairman called for the vote, and Grace Winchell was elected chairman of the Planning Commission by the follow- ing vote; AYES: Kenefick, Winchell, Paone, Schumacher, Mahaffey NOES: None ABSENT: Bannister, Porter ABSTAIN: None The -new Chairman assumed the chair and opened the nominations for. Chairman Pro Tem. ON MOTTON BY SCHUMACHER AND SECOND BY KENEFICK TIM PAONE WAS NOMINATED FOR CHAIRMAN PRO TEM. No further nominations were made. Minutes, H.B. Planning Commission July 7, 1981 Page 2 ON MOTION BY KENEFICK AND SECOND BY SCHUMACHER THE NOMINATIONS FOR CHAIRMAN PRO TEM WERE CLOSED BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Paone, Schumacher, Mahaffey NOES: None ABSENT: Bannister, Porter ABSTAIN: None The chairman called for the vote and Tim Paone was elected chairman pro tem of the Planning Commission by the following vote: AYES: Kenefick, Winchell, Paone, Schumacher, Mahaffey NOES: None ABSENT: Bannister, Porter ABSTAIN: None CONSENT CALENDAR: Commissioner Paone announced that he would abstain from the vote on the minutes of the June 16, 1981 meeting; Commissioner Mahaffey will abstain from voting on the minutes of the June 2, 1981 meeting. ON MOTION BY PAONE AND SECOND BY SCHUMACHER THE .CONSENT CALENDAR, CONSISTING OF THE MINUTES OF THE REGULAR MEETINGS OF JUNE 2 AND JUNE 16, 1981 AND CONFORMANCE WITH GENERAL PLAN NO. 81-5, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Kenefick, Winchell, Paone, Schumacher, Mahaffey NOES: None ABSENT: Bannister, Porter ABSTAIN: Paone (6-16-81 minutes); Mahaffey (6-2-81 minutes) ORAL COMMUNICATIONS: None REGULAR AGENDA ITEMS: ZONE CHANGE NO. 81-3/NEGATIVE DECLARATION 81-26 (Cont. from 5-5-81) Applicant: Lindborg/Dahl Investors, Inc. To }permit a change of zone from RA-O,to Rl, 10,000 on 10' ± acres of land located on the east side of Edwards Street approximately 1000 feet south of Ellis Avenue. Savoy Bellavia reported that the applicant has requested a 45-day con- tinuance of this item, a request with which the staff concurs. The public hearing was.reopened. There was no one present to address the zone change, and the public hearing was left open. -2- 7-7-81 - P.C. Minutes, H.B. Planning Commission July 7, 1981 Page 3 ON MOTION BY KENEFICK AND SECOND BY PAONE ZONE CHANGE NO. 81-3 AND NEGATIVE DECLARATION NO. 81-26-WERE CONTINUED TO THE MEET- ING OF SEPTEMBER 1, 1981, AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Kenefick, Paone, Winchell, Schumacher, Mahaffey NOES: None ABSENT: Bannister, Porter ABSTAIN: None CONDITIONAL USE PERMIT NO. 81-19 Applicant: Fox Meadow, Inc. To permit a temporary horse facility on 4.86 acres of land loc- ated on the south side of Ellis Avenue west of Goldenwest Street. Savoy Bellavia reported that the applicant has requested a con- tinuance of this application to permit it to be heard concurrently with a conditional exception filed for the use. The public hearing was opened. Ray Albrecht, property owner in the area, asked for clarifica- tion on the two requests, which was provided by staff. There were no other persons present to speak on the matter, and the public hearing was continued. ON MOTION BY SCHUMACHER AND SECOND BY KENEFICK CONDITIONAL USE PERMIT NO. 81-19 WAS CONTINUED AT THE REQUEST OF THE APPLICANT TO THE MEETING OF JULY 21, 1981, BY THE FOLLOWING VOTE: AYES: Kenefick, Paone, Winchell, Schumacher, Mahaffey NOES: None ABSENT: Bannister, Porter ABSTAIN: None REVOCATION OF ZONE"CHANGE NO. 78-14 Prepared at Direction of the Commission Presentation of an ordinance to revoke "Q" C-3 zoning on prop- erty located on the northwest corner of 17th Street and Olive Avenue - original applicant: Foxx Development. Commissioner Paone announced that he would abstain from the dis- cussion and voting on this matter. The public hearing was opened. Susan Haldeman, attorney for Foxx Development, addressed the Com- mission. Ms. -Haldeman expressed the opinion that staff has -3- 7-7-81 - P.C. Minutes, H.B. Planning Commission July 7, 1981 Page 4 misled the Commission in claiming inaction by the proponents of the original zone change as a reason for revocation of the Q-C3 zoning, claiming that the continuance of the previous non -conform- ing use on two of the parcels constitutes compliance with the code requirement for establishing the zoning as -permanent, at least on the two lots in question. She further stated that the issue to be considered is not whether or not compliance has been in fact achieved, but rather what the appropriate, proper zoning for the four lots should be and to what_use the Commission desires the property to be developed. She cited the pattern of commercial use in the area and said that the continuation of the commercial zoning on the property would be consistent with a prior Planning Commission resolution adopted in 1972 or 1973. In closing, she urged the Commission not to revoke the Q-C3 designation. Jim Foxx, owner of the interior two lots in question, spoke to the Commission. He informed them that he had originally owned all four lots and processed a parcel map on the property showing a 53 foot corner lot and a 47 fo6t interior lot (upon which the existing build- ing is located). A parking shortage on the interior lot made it necessary to condition that map to provide an easement on the corner lot to provide one extra parking space for the existing use. The parcel map has subsequently expired and the property now consists of the original four 25 foot lots. However, the new owner of the two corner lots intends (as of this date) to develop her property as commercial and has agreed to participate in a new parcel map and allow the parking for Foxx's interior lots as originally reviewed and approved by the City. Mr.. Foxx also described his attempts to process a use permit appli- cation for remodeling, the building facade; this use permit had been rejected by Planning staff pending submittal of a development plan for the corner lots so that proper parking and building compatibility could be worked out. Mr. Foxx indicated his intention to dedicate vehicular access to 17th Street, remove and replace curbs, and land-. scape his portion of the property in conjunction with the approval of his filed use permit when it is processed. Jack Ellsworth, owner of the property immediately north of Mr. Foxx's parcels, addressed the Commission to agree with retention of the Q-C3 zoning on Foxx's property and suggest that it be extended to in- clude his property as well. There were no other persons present to speak for or against the revo- cation, and the public hearing was closed. Commissioner Kenefick indicated that the decision should, indeed, be made on the ultimate best zoning for the property, and inquired of staff if Mr. Foxx's suggestions were feasible. Secretary Palin replied that the -staff had.felt that the original commercial zoning was inappropriate and would still recommend resi- dential for the property. He noted that the original Planning Commis- sion resolution to which Ms. Haldeman had referred had said that 1 -4- 7-7-81 - P.C. rLl 1 Minutes, H.B.'Planning Commission July 7, 1981 Page 5 it would consider commercial zoning on 17th Street only in in- stances where a developer had consolidated a full half -block parcel, in order to ensure adequate access, circulation, and parking. Zoning of these lots does not meet that stipulation. He addressed the contention that the zoning is permanent be- cause of the prior non -conforming use, saying that if that premise is accepted the Commission must also accept that the Foxx property is not subject to the conditions of the Q zoning designation. Upon questioning about how the possible realignment of Main and Gothard Streets, which might funnel more traffic down 17th, would affect the zoning, Mr. Palin replied that it is prob- ably intended for 17th to take more of the traffic load and that commercial zoning might be appropriate in the above -noted consolidated configuration. The legal aspects of the problem were reviewed. Mr. Palin out- lined the different stands taken by the Planning Division and the Attorney's office: The Planning Division contends that the zoning has not been established through the pre-existing use, whereas the Attorney's office holds that it has been established and is now a permanent C3 zone. If that point of view is upheld, the prior ordinance imposing the Q zoning and the conditions contained therein are no longer applicable, making it difficult to obtain compliance. Art Folger, legal counsel, said that the opinion on the estab- lishment of the zoning had been based on an analysis using the incorrect premise that street dedication had been made. He in- formed the Commission that the City Council had directed staff to process Mr. Foxx's use permit application, and suggested that action on the revocation be tabled to permit that process to be completed. Henotedthat Mr. Foxx has indicated that he will in good faith attempt to comply with the conditions that the City requires and the legal complexities may be avoided through the use permit approval. Commissioner Porter, although indicating that he will abstain from voting on this item because he was not present during the public hearing, questioned how access rights will be achieved on the adjoining corner lots. He cited the assurances the City was given at the time of the original qualified zoning action, and said he could see no reason for resolving the problem until the access rights are dedicated on the total 17th Street front- age. Jim Foxx'replied that he believed his attorney's statements had been misunderstood, and they had never contended that they now have a permanent C3 zoning. In his understanding, the estab- lishment of the use has removed only the temporary nature of the zoning and they now have a permanent Q suffix to the C3 -5- 7-7-81 - P.C. Minutes, H.B. Planning Commission July 7, 1981. Page 6 zone and will still be required to comply with the conditions im- posed by the original zoning action; i.e., the dedication -of access rights and the filing of a use permit application. Extensive discussion took place among Commission members and staff regarding the most appropriate use of the property and the procedure to be followed to -assure that the conditions are met. Possible future processing of either a new parcel map or the reinstituting of the old parcel map was also reviewed. Commissioner Winchell speci- fically requested that the applicant indicate the permanent conditions which he sees as being attached to the property, and Mr. Foxx said that absent a "Q" zoning the application which would be required would only be an administrative review, but the second condition on the zoning was that a use permit be filed with the Board of Zoning Adjustments which provides the City more power to review what is being proposed there at the time the use permit is filed. Parking and access, he continued, would be addressed and dedication would have to be made prior to issuance of a building permit under that zoning. Mr. Foxx stated that as'a condition permanently attached to the property the dedication of vehicular access on the four lots is absolutely guaranteed and that that is his understanding of what is required of both owners. Commissioner Mahaffey asked if there were anything the Commission could do at this time for Mr. Ellsworth and was told that zoning on any other property than the four lots in question would have to be implemented at a later date if that is the Commission's desire. A MOTION WAS MADE BY KENEFICK AND SECONDED BY SCHUMACHER THAT THE REVOCATION OF THE Q-C3 ZONING IMPOSED BY ZONE CHANGE NO. 78-14 BE TABLED UNTIL THE USE PERMIT WHICH THE CITY COUNCIL HAS DIRECTED TO BE PROCESSED IS COMPLETED. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Kenefick, Schumacher NOES: Bannister, Winchell, Mahaffey ABSENT: None ABSTAIN: Paone, Porter ON MOTION BY MAHAFFEY AND SECOND BY KENEFICK THE REQUEST FOR REVOCA- TION OF THE Q-C3 ZONING IMPOSED BY ZONE CHANGE NO. 78-14 WAS DENIED BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Schumacher, Mahaffey NOES: Winchell ABSENT: None ABSTAIN: Paone, Porter 1 -6- 7-7-81 - P.C. 1 Minutes, H.B. Planning Commission July 7, 1981 Page 7 TENTATIVE TRACT NO. 11532 Applicant: Hunsaker & Associates, Inc. To permit a three -lot subdivision for the purpose of phased construction of a condominium project located on the north side of Warner Avenue between Lynn and Sims Streets. The public hearing was opened, and closed when no one was pre- sent to speak for or against the proposal. Commission review ensued. ON MOTION BY PORTER AND SECOND BY MAHAFFEY TENTATIVE TRACT NO. 11532 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision is consistent with the General Plan, which sets forth provisions for this type of land use as well as objectives for implementation of this type of housing. 2. This 2.92 gross acre parcel of land is zoned R3, Medium Density Residential, and is proposed to be constructed having 23.27 units per gross acre. 3. The lot size, depth, frontage, street width, and all other design and implementation features of the proposed subdivision are proposed to be constructed in compliance with standard ordinances 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: 1. The tentative map received and dated May 11, 1981 shall be the approved layout. 2. Lot "A," being developed as the required recreation facility for the subject project, shall be completed prior to the occupancy of any of the units in the first phase of develop- 'ment. 3. The first completed phase and the second phase under con- struction shall be separated by the use of fencing during the construction: 4. All of the conditions previously imposed under Conditional Use Permit No. 80-6 shall still apply to the proposed project. AYES: Bannister, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None -7- 7-7-81 - D.C. Minutes, H.B. Planning Commission July 7, 1981 Page 8 DISCUSSION ITEMS: MODIFICATION OF RESOLUTION NO. 1266 Applicant: Judith A. Monaghan A request for expansion of the list of permitted uses contained in Resolution No. 1266 for a mixed use development on the west side of Springdale Street south of Engineer Drive. The Commission discussed the nature of the proposed use and the availability of parking for that use. ON MOTION BY BANNISTER AND SECOND BY MAHAFFEY THE COMMISSION APPROVED THE FOLLOWING USE FOR INCLUSION IN THE LIST OF PERMITTED USES CON- TAINED IN RESOLUTION NO. 1266, BY THE FOLLOWING VOTE: "The preparation, packaging, and distribution of dried food products and other survival -related items." AYES: Bannister, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None ELLIS/GOLDENWEST STUDY AREA Initiated by Development Services June Catalano outlined the staff's recommendation for a specific plan for this area, stating that such items as a precise plan of street alignment, grading regulations, open space requirements, and a trails system can be addressed through this process. Staff is asking for guidance from the Commission in directing and preparing such a plan. The Commission discussed the suggested approach as opposed to includ- ing the area in a General Plan amendment. Included in the review were the desire for a commercial node in the area, citizen participation, and the possibility of combining a specific plan with a planned develop- ment approach, which might give developers more flexibility in design- ing their projects. A new General Plan classification, possibly to be called Planned Development, Equestrian, was suggested; staff will research how this could be done and report back to the Commission at its July 21st meeting. After extensive discussion it was the consen- sus of the Commission that the General Plan should not be altered at this time and a specific plan prepared; if constraints are encountered by staff during the preparation of the plan, the area -can be included in General Plan Amendment 81-3 or even in the first amendment for the following year. The Commission determined that clustering was a good concept for retaining large areas of open space, and requested that the specific plan retain the existing topography when grading regula- tions are established and streets, trails, and development be related -8- 7-7-81 - P.C. Minutes, H.B. Planning commission July 7, 1981 Page 9 to that topography. ON MOTION BY KENEFICK AND SECOND BY PORTER, STAFF WAS DIRECTED TO PREPARE A SPECIFIC PLAN FOR THE ELLIS/GOLDENWEST AREA, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 81-5 Initiated by Development Services Savoy Bellavia reported that the code amendment will be brought before the Commission at its July 21, 1981 meeting. The pro- posed "volume air space" concept will not be a part of the amend- ment, no change will be made in the lot coverage requirements, and the vertical setback provisions will be included. The condi- tional exceptions which had previously proposed the double zero setback concept on lots in the Townlot Specific Plan (C.E. 81-17 and C.E. 81-18) will be scheduled for reconsideration at the same meeting; however, Mr. Bellavia reported that staff can find no jurisdiction which allows the zero/zero setbacks as proposed. It is allowed in a condominium project or a planned development by some jursidictions, but not on existing lots. The Commission briefly discussed the concept, with Chairman Winchell expressing her reluctance to relax the townlot regulations in this regard. ELECTRONIC GAME MACHINES AND AMUSEMENT ARCADES REPORT Initiated by Development Services The Commission reviewed the revised report prepared by staff and made deletions of items in the report which it did not feel should be included in the finished ordinance and amended other suggested limitations on establishment of game machine operations. These changes included the consolidation of items 2(a) and 2(b) into one locational criterion that would not unreasonably restrict the avail- ability of this type of use in the City; the provision that such a use must be at least one-half mile from any school; the deletion of a requirement for any specified distance between such uses; and the deletion of reference to any specified width of store front and of any restrictions on location in premises where liquor sales occurred. ON MOTION BY PAONE AND SECOND BY MAHAFFEY STAFF WAS DIRECTED TO PREPARE AN ORDINANCE FOR THE REGULATION OF GAME MACHINES INCOR- PORATING THE ABOVE DELETIONS AND AMENDMENTS, BY THE FOLLOWING VOTE: -9— 7-7-81 - P.C. Minutes, H.B. Planning Commission July 7, 1981 Page 10 AYES: Bannister, Paone, Winchell, Schumacher, Mahaffey NOES: None ABSENT: Kenefick, Porter ABSTAIN: None COMPACT PARKING SPACE PROPOSED ORDINANCE Initiated by Development Services Staff discussed with the Commission the results of its investiga- tions as directed at the previous meeting (contained in the staff report) and the information contained in a report submitted by Linscott, Law & Greenspan, an engineering firm, on the subject of compact car parking. This report had been prepared for Huntington Center and was made available to the City for study in the prepara- tion of this ordinance. Commissin discussion included consideration of what percentage of parking should be allowed to be for compact cars; how such parking would be allocated; whether or not compact parking should be allowed in all types of development in the City; how the square footage of property gained by the smaller spaces would be used; and the ques- tion of whether or not the present parking ratios in all districts are adequate to serve the needs of development in those districts. Some members of the Commission felt that additional square footage resulting from compact parking should be put into additional parking and not into additional development floor area. It was the consen- sus that staff should review the existing parking requirements in the ordinance code. ON MOTION BY PAONE AND SECOND BY KENEFICK STAFF WAS DIRECTED TO PREPARE AN AMENDMENT TO THE EXISTING ORDINANCE TO PERMIT UP TO 25 PERCENT OF REQUIRED PARKING SPACES FOR COMMERCIAL PROJECTS CONTAIN- ING 100 OR MORE PARKING SPACES TO BE DESIGNATED AS COMPACT CAR SPACES WITH EIGHT (8) BY SIXTEEN (16) FOOT DIMENSIONS, WITH THE AREA GAINED FROM SUCH COMPACT SPACES TO BE ALLOCATED TO LANDSCAPING. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: Bannister ABSENT: None ABSTAIN: None ON MOTION BY PAONE AND SECOND BY SCHUMACHER STAFF WAS DIRECTED TO RETURN TO THE COMMISSION WITH INFORMATION AND ANALYSIS FOR A POSSIBLE CODE AMENDMENT WITH RESPECT TO THE APPLICATION OF COMPACT CAR PARK- ING TO OTHER TYPES OF USES AND WITH RESPECT TO THE OVERALL ADEQUACY OF TIIE CURRENT PARKING RATIOS CONTAINED IN TIIE ORDINANCE CODE, BY THE FOILOWING VOTE: AYES: Bannister, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None u -10- 7-7-81 - P.C. Minutes, H.B. Planning Commission July 7, 1981 Page 11 CONFORMANCE WITH GENERAL PLAN NO. 81-6 Initiated by the Police Department Request for a finding of conformity with the General Plan for the proposed acquisition of property on the.west side of Gothard Street approximately 330 feet north of Ellis Avenue for the pur- pose of construction of a new police heliport facility. The Commission considered the zoning and surrounding uses of the subject property. ON MOTION BY BANNISTER AND SECOND BY MAHAFFEY THE PROPOSED AC- QUISITION OF THE SUBJECT PROPERTY WAS FOUND TO BE IN CONFORMANCE WITH THE CITY'S GENERAL PLAN, BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: Kenefick ABSENT: None ABSTAIN: None REVIEW OF CITY COUNCIL AGENDA Secretary Palin reviewed the actions taken by the City Council at its meeting of July 6, 1981, for the information of the Commis- sion. DEVELOPMENT SERVICES ITEMS: June Catalano introduced new current planner Howard Zelefsky to the Commission. Secretary Palin discussed the procedure and voting for adoption of a Commission resolution. Savoy Bellavia announced that the Subdivision Committee will meet on July 17 at 8:30 a.m. and requested a volunteer for an alternate to serve at this meeting. Commissioner Mahaffey will serve in that capacity. COMMISSION ITEMS: Chairman Winchell requested that a list of committees and members be submitted to the Commission in preparation for possible reap- pointment or new appointments. Commissioner Kenefick expressed the Commission's appreciation to Mark Porter for his service in his term as chairman. THE MEETING ADJOURNED AT 10:50 p.m; 1- Grace H. Winchell, Chairman 7-7-81 - P.C.