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HomeMy WebLinkAbout1981-08-18Approved 9/1/81 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, AUGUST 18, 1981 - 7:10 PM COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: CONSENT CALENDAR: Bannister, Paone, Winchell, Schumacher, Porter Kenef ick, Mahaffey ON MOTION BY PORTER AND SECOND BY SCHUMACHER THE CONSENT CALENDAR, CONSISTING OF GENERAL PLAN CONFORMANCE NO. 81-9, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Winchell, Schumacher, Porter NOES: None ABSENT:, Kenefick, Mahaffey ABSTAIN: None Commissioner Bannister requested that Item C-2, regarding the Huntington Harbour Bay and Racquet Club be heard first. ORAL COMMUNICATIONS: None. PUBLIC HEARINGS: No one came forward. REGULAR AGENDA ITEMS: REQUEST FOR CONTINUANCE CONDITIONAL USE PERMIT NO. 81-6/CONDI- TIONAL EXCEPTION NO. 81-09/NEGATIVE DECLARATION NO. 81-32 (Continued from August 4, 1981) Applicant: J. Don Hartfelder To permit the expansion of an existing beach club including several variances on 4.33 acres of property which extends from Edgewater Lane to Sceptre Lane on the north side of Warner Avenue approximately 4 mile from Pacific Coast Highway. Minutes, H.B. Planning Commission August 18, 1981 Page 2 Savoy Bellavia reported that the applicant is requesting a further continuance of these items to allow time to meet with various home- owner groups to obtain their imput and to prepare plans depicting the proposed changes. On a straw vote taken by Chairman Winchell, the Commissions felt there should be no public testamony taken. ON MOTION BY PAONE AND SECOND BY PORTER CONDITIONAL USE PERMIT NO. 81-6, CONDITIONAL EXCEPTION NO.. 81-09 AND NEGATIVE DECLARA- TION NO. 81-32 WERE CONTINUED AT THE REQUEST OF THE APPLICANT TO THE REGULAR MEETING OF SEPTEMBER 1, 1981, BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Winchell, Schumacher, Porter NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None CONDITIONAL USE PERMIT NO. 81-19/CONDITIONAL EXCEPTION NO. 81-012 Applicant: Fox Meadow Inc_ (Continued from August 4, 1981) To permit a temporary horse facility and to allow certain devia- tions from the code requirements for that facility on property located on the south side of Ellis Avenue west of Goldenwest Street. Savoy Bellavia reported that a letter was received frdm the ap- plicant requesting a revision to the site plan and that the number of horses be increase to 115. Discussion took place as to the specific action that should be taken by the Planning Commission, either to deny or grant the 5 years or to grant an extension. The public hearing was opened. Roberta Peterson, the applicant, stated that it was necessary to request a 5-year extension. She said that when she received a letter which said she had to file for an extension, that she neglected to add the stalls, however, she did request at that time that the number of horses be increased to 115. It was her understanding that if the Conditional Use Permit was approved, she would be allowed the 115 head. She stated that it took her 8 months to move everything to the present loca- tion, and further stated that the Planning Commission had granted 5 year extensions to other horse facilities in the area. Connie Mandic, a horse -owner, spoke on behalf of the approval, stated that "you have a deteriorating condition which is getting worse". She said most horse -owners realize that the stables are temporary and for this reason they are united in their effort to secure permanent stables either in the Central Park or Fairground areas. She further stated that there is now a waiting list for boarding at the stables. The public hearing was closed. Minutes, H.B. Planning Commission August 18, 1981 Page 3 ON MOTION BY PAONE AND SECOND BY BANNISTER CONDITIONAL USE PERMIT NO. 81-19AND CONDITIONAL EXCEPTION NO. 81-012 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: CONDITIONAL USE PERMIT No. 81-19 The Planning Commission may approve a Conditional Use Permit if it finds "the plan will substantially comply with the requirements of this article, the Master Plan of Land Use and the development standards for the particular use" (9841.5). 1. The proposed use is compatible with the Land Use Element which designates the site as estate residential. 2. The proposed use is compatible with surrounding land uses be- cause they are similar in nature (existing horse facilities) or vacant. 3. With the exception of Sections 9391.6 and 9393(4) of the Ordinance Code, Conditional Use Permit No. 81-19 is in sub- stantial conformance with intent and objective of Article 939, Temporary Commercial horse standards. CONDITIONS: CONDITIONAL USE PERMIT No. 81-19 1. The site plans dated August 18, 1981, shall be the approved layout. 2. The applicant shall be required to participate in the Local Drainage Assessment District and pay drainage assessment fees as per the Department of Public Works cost breakdown. 3. The maximum horse density for the facility shall not exceed 115 horses. 4. The facility shall comply with all building and Fire Department requirements. 5. No structures other than those shown on the approved site plan shall be constructed. 6. The wash rack drainage design shall be approved by the De- partments of Development Services and Public Works. 7. This approval shall be valid for a period of five (5) years from date of approval, except that the Planning Commission reserves the right to rescind the Conditional Use Permit ap- proval in the event of any violation of the applicable Zoning laws; and such decision shall be preceded by notice to the applicant and/or public hearing, and shall be based upon specific findings. Minutes H.B. Planning Commission August 18, 1981 Page 4 FINDINGS: CONDITIONAL EXCEPTION NO. 81-012 The Planning Commission may approve a conditional exception if it makes findings that the variance is necessary because of excep- tional circumstances, and the inability to enjoy property rights and finds that the exception would not be detrimental to the public health, safety, and welfare or injurious to the surrounding area and that the applicant is willing and able to proceed with the project without unnecessary delay (9832.1-9832.4). 1. There are exceptional circumstances applicable to the land, and building that do not apply generally to other properties in the same district. The horse facility is a temporary land use, and to require an improvement to the parking lot and require a two car garage would be an unnecessary hardship to the applicant. 2. Approval of Conditional Exception No. 81-012 is necessary for the preservation and enjoyment of substantial property rights. Approval of Conditional Exception No. 81-012 will allow the continuation of an existing horse facility. 3. The granting of Conditional Exception No. 81-012 will not be materially detrimental to the public health, safety, and wel- fare or injurious to the existing horse facilities within the area. 4. The applicant has indicated she is willing and able to carry out the project without undue delay. AYES: Bannister, Paone, Winchell, Schumacher, Porter NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None CODE AMENDMENT NO. 81-5 (Cont. from August 5, 1981) Applicant: Initiated by Development Services An amendment to Article 915, Oldtown Specific Plan, and to Article 935, Townlot Specific Plan. This amendment is to clarify and il- lustrate specific zoning requirements pertaining to street visi- bility, sight angle, setback and yard requirements. The amendment also proposes to establish a provision for zero setback on both sides of lots located in the Townlot Specific Plan only. Savoy Bellavia pointed out minor corrections in the staff report. He stated that the additional language would eliminate the bridge corridor from site coverage in both Townlot and Oldtown Specific Plans. Because of "wordiness" of a number of different configura- tions, a decision was made that the 25 foot front setback for the third story was the most direct, still leaving some flexibility to the architect. Minutes, H.B. Planning Commission August 18, 1981 Page 5 Commission discussion ensued. Chairman Winchell requested that Sections A, B, and C of the Code Amendment be dealt with separately. She stated that she did listen to the tape of the previous meeting, and declared herself eligible to vote, adding that she is opposed to any additional site coverage. CODE AMENDMENT No. 81-5(a): A MOTION WAS MADE BY WINCHELL AND SECONDED BY BANNISTER TO APPROVE CODE AMENDMENT NO. 81-5(a) REMOVING THE EXCLUSION OF THE COVERED BRIDGE FROM THE SITE COVERAGE ON TOWNLOT. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Bannister, Winchell, Schumacher NOES: Paone, Porter ABSENT: Kenefick, Mahaffey ABSTAIN: None Motion did not carry the required number of four votes and, therefore, is automatically continued to the next meeting. Commissioner Paone made a motion to approve Code Amendment No. 81-5(a) as written with no additions. Motion died for lack of a second. The Commission recessed at 8:25 and reconvened at 8:35. The Commission, by unanimous vote, decided to reconsider Code Amendment No. 81-5(a). A MOTION WAS MADE BY PAONE AND SECOND BY BANNISTER TO APPROVE CODE AMENDMENT NO. 81-5(a) FOR RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION WITH THE MINOR MODIFICATIONS OUTLINED BY STAFF AND WITH THE DELETION OF THE FOLLOWING PHRASE, "A second -story corridor bridge connecting the garage and the main structure, not exceeding 15 feet in length and 6 feet in width" FROM EVERY SECTION WHERE IT OCCURS, BY THE FOLLOWING VOTE: AYES: Winchell, Porter, Bannister, Schumacher NOES: Paone ABSENT: Kenefick, Mahaffey ABSTAIN: None CODE AMENDMENT No. 81-5(b): The purpose of Code Amendment No. 81-5(b) is to amend interior side yard setbacks in the Townlot Specific Plan. Said amendment Minutes H. B. Planning Commission August 18, 1981 Page 6 will allow a zero side yard setback on both interior property lines. ON MOTION BY PORTER AND SECOND BY SCHUMACHER CODE AMENDMENT NO. 81-5(b) WAS TABLED BY THE FOLLOWING VOTE: AYES: Bannister, Winchell, Porter, Schumacher NOES: Paone ABSENT: Kenefick, Mahaffey ABSTAIN: None CODE AMENDMENT NO. 81-5(c): The purpose of Code Amendment No. 81-5(c) is to amend the front yard setback for the third floor portion of a three-story struc- ture in the Townlot Specific Plan area. Said amendment will re- quire an additional five foot front yard setback for the third story of a three-story structure. A MOTION WAS MADE BY PORTER AND SECONDED BY SCHUMACHER TO APPROVE CODE AMENDMENT NO. 81-5(c) ADDING THE OLDTOWN SPECIFIC PLAN TO THE AMENDMENT BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None CONDITIONAL EXCEPTIONS NOS. 81-17 AND 81-18 Applicant: Corona Development Company, Inc. (Referred back by Council) Requests to permit a portion of the main buildings to be con- structed with zero side yards on both sides on properties located at llth and Olive and at 18th and Orange, respectively. A MOTION WAS MADE BY PAONE AND SECONDED BY SCHUMACHER TO RECOMMEND TO CITY COUNCIL A DENIAL WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: CONDITIONAL EXCEPTIONS NOS. 81-17 AND 81-18 1. Since the Townlot Specific Plan allows for individual detached units on a zero lot line development on 25-foot lots in the Townlot Area, there is no exceptional circumstance unique to the petitioned property that deprives it of privileges nor- mally enjoyed. 2. Since the Townlot Specific Plan allows for zero lot line de- velopment with a minimum of 5 feet separation between every other unit, the granting of this conditional exception would Minutes, H.B. Planning Commission August 18, 1981 Page 7 constitue a grant of special privilege inconsistent with normal limitations. 3: The Townlot Specific Plan allows for the development of these individual 25-foot lots; therefore, this conditional exception is not necessary for the preservation and enjoyment of one or more substantial property rights. AYES: Bannister, Paone, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None APPEAL OF CONDITIONAL EXCEPTION NO. 81-31 AND USE PERMIT NO. 81-25 Aunlicant: Bill Ridaewav Desian The use permit is a request to permit a 35-foot building height for a single-family dwelling. The conditional exception is a request to permit a reduction from 15 feet to 6 feet 6 inches for the front yard setback, a reduction of the required garage setback from 22 feet to 14 feet, a reduction in the minimum side yard re- quirements from 10 feet for a three-story structure to 3 feet, and a reduction in the minimum open space. The proposed structure is located on the north side of Bayview Drive approximately 195 feet west of Broadway. Savoy Bellavia explained that the Board of Zoning Adjustments, at their June 3, 1981 meeting denied the conditional exception and the use permit. The applicant appealed it and submitted revised drawings, however, it still does not comply with the Code. ON MOTION BY PAONE AND SECOND BY SCHUMACHER CONDITIONAL EXCEPTION NO. 81-31 AND USE PERMIT NO. 81-25 WERE CONTINUED TO THE REGULAR MEETING OF SEPTEMBER 1, 1981, AND IN THE INTERIM REFERRED TO THE BOARD OF ZONING ADJUSTMENTS FOR REPORT ON THE REVISED SITE LAYOUT, BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None TENTATIVE TRACT NO. 10557 Applicant: Phelps, Morris & Associates To permit a 5-lot subdivision on property located on the north side of Pacific Coast Highway approximately 1,500 feet north- westerly of Anderson Street. The public hearing was opened. Randy Morris, the applicant, ex- plained that, due to a misunderstanding, Tentative Tract 10557 Minutes, H.B. Planning Commission August 18, 1981 Page 8 became void. It had previously approved in conjunction with Conditional Use Permit No. 79-17. The public hearing was closed. Savoy Bellavia added that the Seal Beach Planning Commission has already approved the location of the proposed pierhead line. A MOTION WAS MADE BY PORTER AND SECONDED BY SCHUMACHER TO APPROVE TENTATIVE TRACT NO. 10557 WITH THE FOLLOWING FINDINGS AND CONDITIONS AS OUTLINED BY THE STAFF REPORT, BY THE FOLLOWING VOTE: FINDINGS: TENTATIVE TRACT No. 10557 1. This proposed subdivision of .749 acre parcel of land, zoned R2(Q) is consistent with the City's General Plan, Land Use Designation based on the one acre size criteria set forth in the General Plan. 2. Tentative Tract 10557, as presented, is in substantial com- pliance with the requirements set forth under Chapter 99 of the Huntington Beach Ordinance Code, and the Subdivision Map Act. It is also in substantial compliance with the map pre- viously approved on this property and the site plan approved under Conditional Use Permit No. 79-17. CONDITIONS: TENTATIVE TRACT No. 10557 1. The tentative tract received and dated June 18, 1981 shall be the approved layout. 2. Water systems shall be through the City of Huntington Beach's water system. The sewer, water and fire hydrant systems shall be designated to City standards. 3. The property shall participate in local drainage easement dis- trict's requirements and fees. 4. Drainage for the subdivision shall be approved by the Depart- ment of Public Works prior to the recordation of a final map. The systems shall be designed to provide for erosion and siltation control both during and after construction of the proposed project. AYES: Bannister, Paone, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None CODE AMENDMENT NO. 81-6 Applicant: Initiated by Development Services Minutes, H.B. Planning Commission August 18, 1981 Page 9 This is an amendment to Article 979 to allow a percentage of compact parking in commercial developments. This amendment will allow compact parking spaces for only retail and office/pro- fessional uses. The public hearing was opened. Speaking on behalf of the Hunting- ton Center, James Truxel stated that he is concerned with the justification for landscaping requirements. He felt that the existing landscaping in the Center is attractive and failed to see the need for additional landscaping. If the proposed guide- lines were followed, he would end up with less parking than he now has. The position of the Huntington Center is that if he had to include the landscaping requirement, he would just leave the Center the way it is now. He recommends excluding the land- scaping requirement. The public hearing was closed. Commission discussion opened. Commissioner Paone felt that the purpose of the amendment was to be more efficient and stated he .would recommend excluding the landscaping requirement. Commis- sioner Porter agreed, stating that the question is not so much new development, but a nonconforming use based on area and not the number of spaces. Commissioner Bannister felt that multi- story parking should be explored. A MOTION WAS MADE BY PAONE AND SECONDED BY PORTER TO APPROVE FOR RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION CODE AMENDMENT NO. 81-6, DELETING SECTION 9792.8.3 "LANDSCAPING" IN ITS ENTIRITY AS PROPOSED, BY THE FOLLOWING VOTE: AYES: Schumacher, Paone, Winchell, Porter NOES: Bannister ABSENT: Kenefick, Mahaffey ABSTAIN: None CONDITIONAL USE PERMIT NO. 81-15/TENTATIVE TRACT NO. 11498 Applicant: Robert D. Mickelson (Cont. from July 21, 1981) To permit a condominium conversion of 120 apartment units and a one lot subdivision for conversion to condominiums on 4.35 gross acres of property located on the south side of Magnolia Street approximately 520 feet south of Garfield Avenue. This item was continued to this meeting, but was inadvertently left off of the agenda. The public hearing was opened. Mr. Mickelson, the applicant, requested a continuance to the next meeting. Mr. Folger from the City Attorney's office advised the applicant that the Or- dinance Code dealing with condominium conversions would not be available on that night. The public hearing was closed. ON MOTION BY PAONE AND SECOND BY PORTER CONDITIONAL USE PERMIT NO. 81-15 AND TENTATIVE TRACT NO. 11498 WERE CONTINUED AT THE Minutes, H.B. Planning Commission August 18, 1981 Page 10 REQUEST OF THE APPLICANT TO THE REGULAR MEETING OF SEPTEMBER 1, 1981, BY THE FOLLOWING VOTE: AYES: Paone, Porter, Winchell NOES: Bannister ABSENT: Kenefick, Mahaffey ABSTAIN: Schumacher DISCUSSION ITEMS: CONDOMINIUM CONVERSION ORDINANCE Mike Adams gave an oral report on the development of a condominium conversion ordinance which would place a four -month moratorium on the conversion of existing multiple rent dwellings. He further stated that the last three items on the proposed ordinance were added by the City Attorney's office. Commission discussion opened with comment on what constitutes a "significant number of low and moderate income rental units" and asked for further definition on this point. Mr. Adams stated that this would be handled on a project -by -project basis brought before the Planning Commission. Commissioner Paone felt that the ordinance was over -defining affordable rental units. Commissioner Porter requested that staff secure a list of apartment units constructed during the last five years. The Commissioners felt that some provision should be made with regard to older units upgrading, for example,, their cooking units or water heaters, etc. Commis- sioners agreed to set the public hearing for the meeting of September 15, 1981, placing the item first on the agenda and limit- ing public testamony to two hours. ON MOTION BY BANNISTER AND SECOND BY PORTER STAFF WAS DIRECTED TO SET ORDINANCE FOR PUBLIC HEARING FOR SEPTEMBER 15, 1981, AS DIS- CUSSED ABOVE, BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None CITY COUNCIL AGENDA REVIEW: Secretary Palin reviewed the actions taken by the City Council at its meeting of August 17, 1981 for the information of the Commission. TENTATIVE TRACT NO. 9580 - REQUEST FOR APPROVAL OF PATIOS UNDER THE CODE -REQUIRED SIZE Savoy Bellavia reported that although the Planning Commission, on July 6, 1977, approved Tentative Tract 9580, and two subse- Minutes, H.B. Planning Commission August 18, 1981 Page 11 quent revisions, an oversight occurred with a number of units having deficiencies in patio area in relationship to the bed- room counts. Most of the patio sizes can be increased to meet code standards; however, there are several areas where the dis- tance between is so close they either overlap or eliminate any pedestrian circulation between the buildings. A MOTION WAS MADE BY PORTER AND SECONDED BY BANNISTER TO ALLOW PATIOS TO BE UNDER -SIZED AT LOCATIONS WHERE IT IS PHYSICALLY IM- POSSIBLE TO COMPLY WITH THE CODE - ALL OTHERS ARE REQUIRED TO CONFORM TO CODE, BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Winchell, Porter, Schumacher NOES: None ABSENT: Kenefick, Mahaffey ABSTAIN: None STATUS REPORT ON LANDSCAPING CORRIDORS Jeanine Frank informed the Commission that a report on the back- ground and recent history of the landscape corridor concept is presently being compiled. Commission directed staff to include in the report the status on landscaping requirements in the City as it pertains to shopping centers, and commercial and industrial areas. Commission also directed staff to look at the median situation on Pacific Coast Highway and the downtown area, and to follow-up on an itinerary for individual commissioners to tour other cities where innovative treatments have been used (such as the City of Irvine). Staff is to submit a copy of the landscaping standards from the Public Works Department. Commissioners Paone and Porter were appointed to an ad hoc committee to study arterial beautification. COMMISSION ITEMS: Commissioner Porter suggested some mechanical improvements to enhance operations, and also requested that the condominium or- dinance be changed to read, "No rental unit shall be approved for conversion within five years of its initial construction and certification for occupancy". Commissioner Porter requested'a copy of standard plans from the Public Works Department on driveway accesses. Chairman Winchell requested an updated list of Planning Commis- sion committees and a new list of commissioners' addresses and phone numbers. ANNOUNCEMENTS: Minutes, H.B. Planning Commission August 18, 1981 Page 12 The annual League of Cities Conference will be held this year in San Francisco in October. The Subdivision Committee will meet on August 28, 1981. ADJOURNMENT: The regular meeting of the Planning Commission was adjourned at 11:10 PM. James W. Palin, Secretary Grace Winchell, Chairman 1 [1