Loading...
HomeMy WebLinkAbout1982-03-02APPROVED 4-6-82 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers 2000 Main Street Huntington Beach, TUESDAY, MARCH 2, 1982 - 7:00 PM COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: CONSENT AGENDA: - Civic Center California Bannister, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey None ON MOTION BY KENEFICK AND SECOND BY SCHUMACHER THE CONSENT AGENDA, CONSISTING OF THE MINUTES OF THE MEETING OF FEBRUARY 17, 1982, AND A REQUEST FOR EXTENSION OF TIME FOR TENTATIVE TRACT NO. 9388, WAS APPROVED BY THE -FOLLOWING VOTE: AYES: Bannister, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS: — None None REGULAR AGENDA: CONDITIONAL USE PERMIT NO. 81-8/TENTATIVE TRACT NO. 11417/TENTA- TIVE PARCEL MAP NO..82-552 Applicants: Mansion Properties, Inc./Urban West Communities To permit a 492-unit planned residential development on a one -lot subdivision and to allow creation of a one -parcel oil island on property located on the east side of Main Street at the southeast corner of Clay Avenue and Main Street. Savoy Bellavia noted that additional information has been presented by the applicant. He also clarified the time of distribution of some of the other documents previously supplied to the Commission. Staff recommended that the public hearing, which had been opened and closed at the prior hearing on these requests, be reopened to allow the applicants the opportunity to review their revised treat- ment with the Commission. Minutes, H.B. Planning Commission March 2, 1982 Page 2 The public hearing was reopened. Mike Kelly, Project Manager for the proponents, addressed the Commis- sion to discuss areas of concern which had been pointed out in prior meetings. He discussed the efforts to mitigate the building bulk as observed from the residential lots across Huntington Street; the earth movement proposed for the project; the concerns with parking on Main and Clay which might be encouraged by pedestrian access into the tract from those streets; the request for compact car parking; treatment of the not -a -part parcel for producing wells; trash collection and pickup; the bicycle path; fire protection provisions; and maintenance of land- scaping and the bicycle trail. Dave Walden, engineer for the project, also reviewed the degrees of grade and the effect on building elevations caused by the need for pro- viding access, drainage, and sewering facilities. Paul Wilkinson of Linscott, Law & Greenspan, traffic -consultants for the project, addressed the street configuration and parking provisions. Stewart Woodard, architect, spoke to the Commission in regard to the design of the project. Mr. Kelly also informed the Commission that the vacation of one of the paper streets within the project would leave a half -street section belonging to the owner of the apartment "not -a -part" parcel on Hunting- ton Street. He indicated that if the owner of that strip does not wish to accept and maintain it the developer of the subject property would incorporate that strip into the project landscaping. Steve Parker of the Huntington Beach Fire Department noted that the department's stand at this time is that all the flats buildings will require total sprinklering, although they are willing to meet with the developers to study possible alternative methods of providing the re- quired fire protection design. Linda Moon, representing Equestrian Trails, Inc., Corral 100, spoke to the Commission to report that concern over the title to the aband- oned right-of-way had led her group to investigate the title; with the possibility of retaining the right-of-way for a future equestrian/ bicycle trail. Ambiguities in the title report seem to indicate that this strip may be in the public domain and it is their feeling that the City should pursue the matter. In response to a question as to why her own group did not file a legal action based on the material they had uncovered, Ms.Moon replied that they lacked funds to undertbLke such a project. She stressed the possibility that any favorable action on the subject proposal might cause a court to weigh such an approval heavily in favor of the Huntington Beach Company in any future legal action, because a court might feel that any interested party should have challenged the approval at the time it was being given. Legal counsel Art Folger informed the Commission that the City would have no standing to clear the title, but that a challenge would have to -2- 3-2-82 - P.C. Minutes, H.B. Planning Comm�ssiQn March 2, 1982 Page 3 be filed by either the heirs of Colonel Northam (mentioned by Ms. Moon in her review of the title report) or by the County to which easements along section lines had been dedicated in 1918. He further informed the Commission that legal title did not require proof in the filing and approval of a tentative tract map, but only upon approval of a final map; he added, however, that if the Commission were concerned a condition of approval could be imposed upon any approval making it contin- gent upon proof of title. Extensive discussion took place between legal counsel, the Com- mission, and the speaker on this matter. Irwin HaydoCk,-representing the Environmental Committee, also spoke to the matter of title, saying that a precedent for re- taining the corridor had been set in the approval of other residential -tracts on Lake Street. He stated that in his opin- ion the question of the right-of-way is a very important matter for the Commission to consider at this time. There were no other persons to speak for or against the proposal, and the public hearing was closed. A motion was made by Bannister and seconded by Paone to approve Tentative Tract No. 11417 subject to findings. Discussion en- sued on the conditions of approval which might be applied to an - approval of the tract map and the conditional use permit request. Staff indicated that rough conditions of approval have been worked out but are not complete because all of the information had not been received prior to this date. The maker and second both withdrew their motion and staff was directed to finalize .suggested conditions of approval. Procedure was discussed. A motion was made by Mahaffey and seconded by Bannister to accept Tentative Tract 11417 and Conditional Use Permit No. 81-8 and request staff to put together conditions of approval so that action can be taken on these matters at this meeting. Commis- sioner Paone refused to support such a motion and suggested in- stead that the matter be continued until later in the agenda so that staff could finalize conditions and present them prior to a vote. Both the maker and second agreed to so amend the motion. - THE MOTION TO CONTINUE TO LATER IN THE AGENDA WAS PASSED BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Porter, Mahaffey NOES: Kenefick, Winchell, Schumacher ABSENT: None ABSTAIN: None - The Commission recessed at 9:25 p.m. and reconvened at 9:50. -3- 3-2-82 - P.C. Minutes, H.B. Planning Commission March'2, 1982 Page 4 (The following action took place at the conclusion of the public hearing section of the Commission agenda, but is placed here in the minutes as a matter of convenience in the record on TT 11417 and C.U.P. 81-8.) Savoy Bellavia distributed preliminary conditions of approval for The Ranch project. Secretary,Palin suggested that the Commission touch on -items-which--they-would-need to see reflected in conditions, and the following list was presented: 1. The "not -a -part" parcel covered'by the tentative parcel map: Standard -co nditions�requiring that the map received and dated on a certain -date --shall be the approved map; that the applicant shall participate in drainage assessment district requirements and fees; :,that reciprocal easements over and across the tenta- tive parcel --map and the tentative tract map shall be provided as a condition on each application. 2. If the Commission concurs -with the -.;addition of-units.in the cen- ter of the project to make up for,the loss of units along the Huntington Street frontage, Buildings 31, 32, and 35 shall be spelled out_as containing;.°x" number of,units. 3. If the Commission -concurs with the treatment along Huntington Street, a condition should be required to accept that treatment for Buildings,28, 33, and 36 as submitted at this March 2 meeting-. 4. A condition accepting the elevations on Huntington Street as de- picted on the plans received and dated on a specific date and filed for review before the Commission at this meeting. 5. A condition on the additional treatment along Main and Clay should be that which was submitted for review and approval at this . meeting : - - 6. A condition will be required for the construction of the sidewalk along -Yorktown -Avenue on the "not -a -part" -parcel -as depicted on the tract map; -connecting the entrance driveway -to -the easterly portion.- _ 7. A condition will be required for the construction, of the Type 3 off -road bicycle trail along the periphery of -the tract and that it will be designed and constructed as shown on the plans sub- mitted -for -review and. -approval at -this, -meeting. 8. A condition on security systems for each`on-e of,t'he -buildings, which will require that some type of security apparatus,shall be constructed'at the_entries--to the'parking-structures of the flats units. Otherwise; -the code would require that these areas -be divided into individual garage modules within the subterranean parking. -4- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 5 9. A condition should be imposed to assure that the "not -a- part" parcel within the development when constructed can stand on its own entirely. It would be desirable for the City to initiate a zone change to apply Planned Development zoning to this parcel so that in 25 years or so a com- patible project to the surrounding one can be built on that parcel. 10. The off -island oil wells that will remain in the project must be conditioned to be screened and landscaped in com- pliance with the plans submitted to the Commission for review. 11. A condition should be imposed for sufficient monies to be deposited in an interest -bearing account so that in the future those off -island oil well locations can be landscaped as permanent.open space once the oil facilities have ceased operation. 12. A condition should be imposed in regard to the half -street section along the "not -a -part" apartment parcel on Hunting- ton Street to state that it shall be graded to prevent pond- ing of water. This condition should also ensure that the developer of the subject project shall be responsible for curing that problem along with his construction. 13. The finished garage floor elevations as shown on the plans and on a preliminary grading plan shall be the approved eleva- tions for cut and fill for the project, as indicated on informa- tion received and dated February 26, 1982. 14.' Street widths'in the interior of the project shall be increased to 28 feet, with rolled curb (measured from curb face to curb face). 15. Applicant shall agree to provide proof of clear title prior to recordation on the final map. 16. The-3.2 acres of dedicated streets within the project shall be vacated. 17. A stipulation shall be added that the conditions shall also include, besides the standard conditions normally imposed on tracts,_the points agreed to by the applicants in their letter of March 2, 1982. 18. Building height shall be computed according to the standards set forth in the Uniform Building Code. 19. 'The required,turning island in 17th Street shall be installed by the developer. Mr. Kelly also indicated that the other street improvements on 17th as recommended by the traffic consultant were acceptable. -5- 3-2-82 - P.C. Minutes, H.H. Planning Commission March 2, 1982 Page 6 Commissioner Paone inquired of the developers if the proposed condi- tions were acceptable to them. Mike Kelly replied that all condi- tions mentioned with the exception of the requirement for 28-foot interior street widths were acceptable, noting that to impose such a condition at this time would require complete redesign of the pro- ject. Commission, after considering the number of times this project had been reviewed both by the Subdivision Committee and the full Commission without this having been pointed out as a requirement, agreed to delete this requirement from the conditions of approval. Brief further discussion took place. A MOTION WAS MADE BYBANNISTERAND SECONDED BY PAONE TO APPROVE CONDITIONAL USE PERMIT NO. 81-8, TENTATIVE TRACT 11417, AND TENTA- TIVE PARCEL MAP NO. 82-522 WITH FINDINGS AND WITH THE CONDITIONS AS SUBMITTED BY STAFF AND AS OUTLINED ABOVE. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Mahaffey NOES: Kenefick, Winchell, Porter, Schumacher ABSENT: None ABSTAIN: None A MOTION WAS MADE BY BANNISTER AND SECONDED BY PORTER THAT CONDITIONAL USE PERMIT NO. 81-8, TENTATIVE TRACT NO. 11417, AND TENTATIVE PARCEL MAP NO. 82-522 BE DENIED WITH FINDINGS. Commissioner Porter asked that the motion include a statement that the design of the project, with the distribution of the highest inten- sity of development towards the easterly side of the property across from R1 properties, and the compatibility of the project with the sur- rounding uses had been important considerations in the Commission's denial of the proposed project. The maker of the motion declined to include the above statement, and Commissioner Porter withdrew his second. The motion was then seconded by Schumacher. THE ORIGINAL MOTION TO DENY WAS CARRIED BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. Insofar as a special permit must be granted in order for the Com- mission to approve Conditional Use Permit 81-8 in conjunction with Tentative Tract 11417 and Tentative Parcel Map 82-522, the appli- cant has failed to demonstrate that the design of the project has been improved through the use of the special permit.- The 3.2 acres of street right-of-way within the project boundaries have not been utilized to improve the site design and layout of the proposed project but have been incorporated to increase the number of units on the site. 2. The -applicant has failed to provide a letter from the oil opera- tors or leasees in accordance with Section 9680.3 of the Huntington -6- 3-2-82 - P.C. 1 Minutes, H.B. Planning Commission March 2, 1982 Page 7 Beach Ordinance Code, which states "Failure to submit and ob- tain approval of any plan shall be grounds for disapproval of a proposed subdivision, division of land, or development." 3. Design of the subdivision or the type of improvements will conflict with easements of record on Tract 77 for access through and use of the property within the proposed subdivi- sion. The governing body has not found that the alterantive easements for access or use will be provided or that these will be substantially equivalent to the ones previously ac- quired by the public. AYES: Bannister, Kenefick, NOES: Paone, Mahaffey ABSENT: None ABSTAIN: None Winchell, Porter, Schumacher Legal counsel asked the Commission to clarify that the rights - of -way referred to in the above as "easements of record" applied to the dedicated streets within the project and not to the railroad right-of-way, with which the Commission concurred. TENATATIVE TRACT NO. 11716/CONDITIONAL USE PERMIT NO. 81-33 Applicant: The Robert P. Warmington Company To permit the development of a 51-unit planned residential dev- elopment on 5.152 acres of property located at the southern terminus of Countess Drive. Commissioner Paone announced that he would abstain from the con- sideration of this item because of conflict of interest. He left the chamber during discussion of the item. Savoy Bellavia corrected the staff report to inform the Commis- sion that it will not be necessary as stated to abandon a por- tion of the cul-de-sac on Countess Drive, as it has never been dedicated. Relocation on the plan will be all that is required. Also, portions of the property that had not been included in the parking lot have been incorporated into the blue border, adding about one additional acre to the project. Commissioner Kenefick pointed out that the staff report addressed affordable units, and suggested that if the Commission asks for this it'should be clear that it is a policy decision on the City's part and no longer a requirement that can be imposed by the Coastal 'Commission. The public hearing was opened. Robert H. Odle of Warmington Company addressed the Commission to explain the project and to concur with the suggested findings and conditions, with the exception of the additional walkway -7- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 8 and vista point and the requirement to provide'l0 affordable units onsite: Mr. Odle asked -instead if an alternative could be imposed for the affordable units such 'as -in -lieu -fees or offsite construction of a more realistic number of `units in' the City: Steve Parker indicated that the Fire Department has met with the appli- cants and their -requirements have been complied with. There were no other -persons present,to-speak in regard'to the pro- posed project,-and,the_'public hearing was closed. The Commission discussed the question of -provision of public access and the liability -which might accrue to the City:" Art Folger informed them that if the Association continues'to-maintain ownership of the docks upon which�it is proposed to provide the -public access the City is technically'not'liabie-. After in-depth discussion of the prob- lem, it was the consensus of the Commission that the public park on one side and the -public parking lot on the other -constituted adequate public access to the area -and further -provision was -not necessary. The affordable -housing -question was also reviewed. `Discussed as well were parking lot installation and--mainten'nce, pierhead-locations, and actual bedroom count within the -project:. A motion was made by Henefick and seconded by -Bannister to approve the project. In the ensuing discussion, 'Mr`.' ,bdle suggested- that the dedi- cation of Lots A and B in the parking lot could possibly be,used as a tradeoff against the affordable-housing"requirement,'saying that this particular property -is very expensive and -deserves some consideration. He also indicated that the homeowners' association might be reluctant to assume permanent -.maintenance of the landscaping within the parking lot. Secretary,-Palin stated: -that staff -might need to review prior commitments entered -into between the City and the Christiana Corpora- tion in regard to this parcel, and recommended a continuance. Commis- sioner Bannister ,then-withdrew,his second. The.applicant's representative then requested that the Commission pro- ceed with action,on the,project,.-applying the conditions of approval as suggested, which -he would accept and then evaluate to determine if they would be acceptable to his firm. He stated for the record that the applicant would.be willing to enter into a -negotiated -agreement for the maintenance of,.the softscape-in the parking lot -with Public Works assuming-responsibility.forimaintenance of-the-hardscape. Secretary Palin discussed the treatment along the Bolsa Chica channel with the consulting engineer for the project, Pat -Kapp.- Mr. Kapp and Bill Patapoff from.--the--City's--Department.-of Public Works indicated that the area at that point is susceptible to erosion and the developer will submit-a-plan-.to.prevent-undermining of -the wall and the develop- ment in that area., This will be worked out.with'Public°-Works. ON MOTION BY KENEFICK AND_SECOND-BY:BANNISTER TENTATIVE TRACT 11716 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: 1 I. -8- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 9 FINDINGS: 1. The proposed subdivision of this 3.152 gross acre parcel of land zoned R2-PD is proposed to be constructed having 9.8 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 implementa- tion of this type of housing. The proposed project complies with the land use element and all other elements of the Gen- eral Plan. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium 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 con- structed 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. A revised tentative map shall be submitted establishing a pier - head line for the Bolsa Chica Channel, Harbor Channel, and Trinidad Channel. All other information on the revised map shall be the same as shown on the map received and dated Feb- ruary 25, 1982. 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 district requirements and fees. 5. Drainage for the subdivision shall be approved by the Depart- ment of Public Works prior to the recordation of a final map. - This system shall be designed to provide for erosion and silta- tion control both during and after construction of the pro- posed project. 6. All access rights along Countess Drive except at the intersec- tion of the private drive shall be dedicated to the City of Huntington Beach. AYES: Bannister, Kenefick, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: Paone -9- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 10 ON MOTION BY KENEFICK AND SECOND BY BANNISTER CONDITIONAL USE PERMIT NO. 81-33 WAS APPROVED WITH THE APPROVAL OF A SPECIAL PERMIT AND WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: SPECIAL PERMIT: The Commission has granted a special permit to allow variation from the ordinance code in the following areas: 1) Varia- tion in rooflines of the units, and 2) variation from the code -required main accessway requirements. FINDINGS - SPECIAL PERMIT: 1. Through the use of aesthetically pleasing plant materials and architecture -and special design and construction techniques, the surrounding uses will be minimally impacted as a result of the proposed project; therefore, the subject project will not be detrimental to the general health, welfare, safety, or convenience 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 this unique parcel of land will help to ensure maximum privacy for the residents within a project of this density. 3. Through the use of heavy landscaping planting throughout the pro- ject and maximizing the use of aesthetically pleasing types of architecture and building materials, the proposed project will promote a better living environment. FINDINGS - CONDITIONAL USE PERMIT NO. 81-33: 1. The proposed subdivision of this 5.152 gross acre parcel of land zoned R2-PD is proposed to be constructed having 9.8 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. The proposed project complies with the Land Use Element and all other elements of the General Plan. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium density resi- dential 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 ordinance. -10- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 11 CONDITIONS OF APPROVAL: 1. The floor plans and elevations received and dated February 25, 1982, shall be the approved floor plans and elevations. A revised site plan shall be submitted to the Director of Development Services to reflect a 28-foot street section for all private streets. All other information on the revised plan shall be the same as that depicted on the site plan re- ceived and dated February 25, 1982. 2. Natural gas,,'dnd 220V electrical shall be stubbed in at the location of clothes dryers. 3. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 4. Low -volume heads shall be used in all showers. 5. All building spoils, such as unused lumber, wire, pipe, and other surplus or unusable materials, shall be disposed of at an offsite facility equipped to handle them. 6. Energy -efficient lighting, such as high-pressure sodium vapor lamps, shall be used in parking lots to prevent spillage onto adjacent areas and for energy conservation. 7. All approved drives shall be considered required fire lanes and shall be signed as such to the approval of the Huntington Beach Fire Department. 8. All structures on the subject property, whether attached or detached, 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 supervision of a person experienced in the field of acoustical engineering, with the application for a building permit. 9. A fire sprinkler system shall be designed and installed in those structures where it is deemed necessary by the Hunting- ton Beach Fire Department. 10. Entry gates proposed at the main entrances shall be reviewed and approved by the Department of Development Services and the Fire Department. 11. The covenants, conditions, and restrictions for the project shall containa provision prohibiting storage of boats, trailers, and/or recreational vehicles on the site, unless an area that is specifically designated for such storage and which is in compliance with the provisions of Article 936 is pro- vided for in the project. -11- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 12 12. Prior to recordation of the final map for the subject project, the applicant, in conjunction with the staff of Develop- ment Services and the Housing and Community Development staff, shall work out a method of providing a minimum of ten (10) affordable housing units within the City. This method shall be mutually satisfactory to both the developer and the City, and the dwelling units so provided shall be av8ilable only to per- sons having a household income of not more than 120 percent of the County's median income. These affordable units shall be provided and ready for occupancy prior to occupancy of any units in the subject project. 13. The developer shall dedicate to the City of Huntington Beach those portions of the public parking lot which are not State of California lands (Lots A and B). This dedication shall be made prior to recordation of the final map. AYES: Bannister, Kenefick, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: Paone ON MOTION BY BANNISTER.AND SECOND BY WINCHELL THE COMMISSION DETERMINED TO SUSPEND ITS ADJOURNMENT POLICY AND NOT ADJOURN AT 10:30 PM AS REQUIRED, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: Paone ABSTAIN: None A MOTION WAS MADE BY PORTER AND SECONDED BY KENEFICK TO RECONSIDER THE PRIOR MOTION TO CONTINUE THE RANCH PROJECT UNTIL LATER IN THE MEETING. MOTION FAILED BY THE FOLLOWING VOTE:* AYES: Kenefick, Porter, Schumacher NOES: Bannister, Paone, Winchell, Mahaffey ABSENT: None ABSTAIN: None *(NOTE: Although this vote took place at this point in the meeting, the actual action on The Ranch project (TT 11417 and C.U.P. 81-8) has been inserted in'these minutes as previously noted for the sake of continuity of the record.) ZONE CHANGE NO. 82-2 Applicant: Initiated by the City of Huntington Beach To permit a change of zone from LU-O-CD and RA-O-CD to ROS, Recrea- tion -Open Space on property located on the northeast corner of Ellis Avenue and Edwards Street approximately 630 feet west of Goldenwest Street. P� -12- 3-2-82 - P:C. I 1 Minutes, H.B. Planning Commission March 2, 1982 Page 13 The public hearing was opened, and closed when no one was present to speak for -or against the proposal. Commission discussion ensued. Commissioner Mahaffey pointed out that a communication has been received from a property owner in the area in opposition to the zone change and indicated that he cannot support the change of zone if any affected persons oppose it. A MOTION WAS MADE BY BANNISTER AND SECONDED BY MAHAFFEY THAT ZONE CHANGE NO. 82-2 BE DENIED. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Bannister, Paone, Mahaffey NOES: Kenefick, Winchell, Porter, Schumacher ABSENT: None ABSTAIN: None In the discussion which followed, the Commission considered con- sistency of the zoning with the General Plan, the uses which are permitted under the existing zoning versus the uses which could be permitted under the proposed zoning, -and the effect the rezoning might have on the City's acquisition of the involved property. Legal counsel Art Folger indicated that it is his understanding that the Council has approved the appraisals on the property and will now try to acquire it at that appraisal; if this effort is not successful, condemnation action may be begun. ON MOTION BY KENEFICK AND SECOND BY SCHUMACHER ZONE CHANGE NO. 82-2 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed zone change to Recreational Open Space is compat- ible with surrounding land uses which include oil production, horse facilities, and undeveloped land. 2. The proposed zone change is consistent with the General Plan designation which is Open Space Recreational. AYES: Kenefick, Winchell, Porter, Schumacher NOES: Bannister, Paone, Mahaffey ABSENT: None ABSTAIN: None, ZONE CHANGE NO. 82-3- Applicant: A.C: Marion To permit a change of zone from RA-O-CD to 1'Q"-C2-0 on 10 acres of property located on the northwest corner of Ellis Avenue and Goldenwest Street. -13- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 14 Savoy Bellavia addressed the Commission to make slight changes to the suggested conditions of approval. The public hearing was opened, and closed when no one was present to speak for or against the proposal. ON MOTION BY MAHAFFEY AND SECOND BY PORTER ZONE CHANGE NO. 82-3 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: FINDINGS: -r- 1. A change of zone on the subject property from RA-0-CD to Q-C2-0 is consistent with the General Plan designation, which is General Commercial. 2. The proposed zone change is compatible with surrounding land uses which are generally recreation- and equestrian -related. CONDITIONS'OF APPROVAL: 1. Any development on the site shall be subject to the approval of a conditional use -permit as provided in Article 984 of the Hunt- ington Beach Ordinance Code. 2. All development on the site shall be limited to.one story in height, with exceptions for architectural features. The theme for the development shall be equestrian -related, with major emphasis on the use of wood siding and°earthtone colors. 3. In addition to the standard 6 percent landscaping on the site, the developer shall also provide landscaping within the parking area. This landscaping shall be subject to the approval of the Director of Development Services. 4. The type and style of perimeter walls shall be subject to the approval of the Director of Development Services. Access to the project shall be provided on the north and west for pedestrians and horses. 5. The following uses shall be permitted within the development: Feed and grain stores, saddle and tack stores, veterinarian clinics (without overnight facilities), restaurant, sporting goods stores, and other similar uses related to equestrian and recreational type commercial outlets, subject to the approval of the Planning Com- mission. AYES: Bannister, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None -14- 3-2-82 - P.C. Minutes, H.B. Planning Commission March 2, 1982 Page 15 DEVELOPMENT SERVICES ITEMS: Savoy Bellavia announced that the Attorney's office has requested that the code amendment dealing with Article 973 be continued to the meeting of March 16, and inquired if the Commission wished to be provided with information on this matter in their next packet. After review, staff was directed not to send out information on the code amendment until the 16th meeting. Mr. Bellavia also announced that the Subdivision Committee will meet at 6:00 p.m. on March 9, 1982. PLANNING COMMISSION ITEMS: Commissioner Paone requested that staff prepare a review of the Mello Bill in regard to its relationship and effect on the City's Local Coastal Plan, because it may be necessary to initiate an amendment to the LCP to provide consistency with Mello. This in- formation will be distributed for the next Planning Commission meeting. Chairman Winchell announced that she has received a letter from Wes Bannister resigning from the Commission. There was no further business, and the meeting adjourned at 12:10 a.m. to March 9, 1982 at 8:00 p.m. in the Council Chambers, following the Subdivision Committee meeting. Grace H. Winchell, Chairman -15- 3-2-82 - P.C.