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HomeMy WebLinkAbout1982-04-20Approved on 5-4-82 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, APRIL 20, 1982 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Livengood, Winchell, Porter, Mahaffey COMMISSIONERS ABSENT: Paone, Schumacher CONSENT CALENDAR: ON MOTION BY HIGGINS AND SECOND BY MAHAFFEY THE CONSENT CALENDAR, CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF MARCH 16, 1982, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mahaffey NOES: Paone, Schumacher, Porter ABSENT: None ABSTAIN: Livengood ORAL COMMUNICATIONS: None. COMMISSION ITEMS: Chairman Winchell informed the Commission that although no represen- tative from the Planning Commission will be attending the tour of the Bolsa Chica on Wednesday, the mayor will be in attendance and will report back to the City Council as to what action was taken by the Coastal Commission. REGULAR AGENDA ITEMS: CODE AMENDMENT NO. 81-18/NEGATIVE DECLARATION NO.-82-3 (Continued from March 16, 1982) Initiated by City of Huntington Beach An ordinance amending the Huntington Beach Ordinance Code by estab- lishing a new article for Mobile Home Park Conversion Regulations. The ordinance will establish requirements for notification of mobile home park residents, and will set guidelines for approval of a Minutes, H.B. Planning Commission April 20, 1982 Page 2 Tenant Relocation Assistance Plan prior to the change of use of a mobile home park. Chuck Clark and Hal Simmons gave presentations regarding this issue. Commissioner Porter asked if Mr. Folger had read and concurred with the letter received from the law offices of Lawler, Felix and Hall, which lists "several deficiencies" in the code amendment. Mr. Folger stated that, as he reads it, the State law sets a minimum and the City is allowed to go beyond that minimum. Chairman Winchell reopened the public hearing. Jim Knoles, represen- ting the Mobile Home Council stated his position on the issued. He said that tenants should be relocated within the City of Huntington Beach and in a park. He further stated that if tenants are forced to move, their jobs could be in jeopardy. Carolyn Cites suggested that a zone change be made to zone the Drift- wood Mobile Home Park for exclusive mobile home use. Brent Swanson, representing a park owner, stated that the insurance value approach is one which is not workable. The insurance company can change it at any time. He further stated that the park owner has certain rights which cannot be altered, and that if he "wants to grow weeds on his property", he has every right to do that. He reminded the Commission that any mobile home use is short-term only and that the ordinance as proposed fails to recognize the fact that you cannot predict the future. He suggested a continuance of this item. Com- missioner Porter asked Mr. Swanson if'he was familiar with the City of Westminster ordinance. Mr. Swanson stated that this ordinance dealt with rent control_in the parks and not conversion. John Mayers spoke in -opposition of the proposed ordinance. He ob- jected to being relocated as much as 500 miles from the place he wishes to reside. He also felt that the park owner should be more generous to the people who helped him become successful and should, therefore, pay the tenant fair market value for their coaches. The public hearing was closed. Under the section, "Notice of know how much more time after have to move out? Staff said local permits had been issued. Intent", Chairman Winchell wanted to the 365 day -notice would the tenants this would be two months after all Commissioner Higgins referred to the letter from -the lawyers regard- ing the property owner's right to go out of business. Secretary Palin stated that we have submitted a request for legal opinion on the question of should an operator choose not to renew his lease, would that trigger requirements of this ordinance. As yet the De- partment has not received a written response. Minutes, H.B. Planning Commission .April 20, 1982 Page 3 Commission consensus was to change the wording of "rental tenants" (Page 2, Second paragraph) to a name chosen by the Deputy City At- torney, such as "subtenant" that is a closer description. In this same section, it was agreed that the -title should be changed from '!Relocation Assistance Eligibility" to "Eligible Tenant Assistance Plan", for clarity and consistency. Commissioners suggested that in Section 9270.5, Notice of Intent, that the following phrase be added to the last sentence, "and 15 days prior to the public hearing by the Planning Commission". Commissioner Porter made a suggestion (in Section 9270.9b) that whatever formula is used for reimbursement, -that the amount paid be less the cost to relocate to an available space. He felt this would make relocation look like a viable option, rather than some sort of a penalty. Commissioners discussed the actual formula to be .used for compensation to the mobile home tenants. The consensus was that both insurance rates and Kelly blue book rates were not reliable. Also suggested was a compromise of a percentage of full market value to be used; added to that was "in -park" value. A suggestion was made to use a sliding scale with the ending figure being equal to the re- location cost. A final comment was to re=insert the phrase "within 100 miles of the City" into Section 9270.7, Impact'of Conversion Re- port Required, with reference to impact reports filed by the applicant. A MOTION WAS MADE BY LIVENGOOD AND SECONDED BY PORTER -THAT THE PLAN- NING COMMISSION CONSIDER ONLY THE FOLLOWING TWO OPTIONS: THAT A SLIDING SCALE BE USED TO FIGURE COMPENSATION AND THAT FULL MARKET VALUE BE THE BASIS FOR COMPUTATION OF -THE FIGURE AMOUNTS. THIS MO- TION PASSED BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mahaffey NOES: None ABSENT: Paone, Schumacher ABSTAIN: None Chairman Winchell requested that the two absent members of the Planning Commission be provided with the tape of this meeting. ON MOTION BY HIGGINS, AND SECOND BY LIVENGOOD CODE AMENDMENT NO.- 81-18 AND NEGATIVE DECLARATION NO. 82-3 WERE CONTINUED TO THE MEET- ING OF MAY 4, 1982, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood; Winchell, Porter, Mahaffey. NOES: None ABSENT: Paone, Schumacher ABSTAIN: None The Chairman called for a recess. Commission reconvened at 9:15.PM. Minutes, H.B. Planning Commission April 20, 1982 Page 4 CONDITIONAL USE PERMIT NO. 81-29/TENTATIVE TRACT NO. 11681/NEGATIVE DECLARATION NO. 81-51 Applicant: Robert F. Curtis Development Company A request to permit a 2-lot division of land and the construction of 78 condominiums on 5.1 gross acres of property located on the south side of Warner Avenue between Lynn and Green Streets'., The Commission received a letter -from the applicant requesting a continuance be granted to allow him time to resolve the issues iden- tified in the staff report. ON MOTION BY PORTER AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 81-29, TENTATIVE TRACT NO. 11681 AND NEGATIVE DECLARATION NO. 81-51 WERE CONTINUED TO THE MEETING OF MAY 4, 1982, AT THE REQUEST OF THE. APPLICANT, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mahaffey NOES: None ABSENT: Paone, Schumacher ABSTAIN: None' CODE AMENDMENT NO. 81-9 Initiated by City of Huntington'Beach Amendments to Sections 9362.11, 9362.12, 9362.15, adding Sections 9362.11.1, 9362.11.2, 9362.12.1 and deleting Section 9362.13 of the Huntington Beach Ordinance Code pertaining to Planned Residential Development Standards. r� The public hearing was opened. Richard Harlow gave.his comments on this code amendment. He stated that, regarding balconies, the same open space credit should be given to the area in the balcony that is given to the patio area. He also questioned _whether private waterways were to be considered open space or not. Secretary Palin felt that pri- vate waterways are constructed of impervious materials and, therefore, do not provide adequate perculation as would land- scaped open space. Mr. Harlow further stated that. -in the section re- garding private accessway widths, more flexibility should be written into this section, taking into• consideration such things as the number of units, the size and location of the,project and the number of entrances. The public hearing was closed. Commission discussion was brief and the consensus was to agree with Mr. Harlow's suggested amendment. Commissioner Livengood felt that a full Commission would be better to deal with this decision and made a motion to that affect which was seconded by Commissioner Porter. However, after further discussio the motion and second were withdrawn. Minutes, H.B. Planning Commission April 20, 1982 Page 5 ON MOTION BY MAHAFFEY AND SECOND BY LIVENGOOD CODE AMENDMENT NO. 81-9 WAS APPROVED WITH AMENDMENTS AS SUGGESTED IN THE PUBLIC HEARING, AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mahaffey NOES: None ABSENT: Paone, Schumacher ABSTAIN: None DISCUSSION ITEMS: RESOLUTIONS DESIGNATING REDEVELOPMENT PROJECT AREAS Staff recommends that the Planning Commission approve Resolution Nos. 1288, 1289, 1290 and 1291 designating redevelopment project areas and adopting preliminary redevelopment plans for the Talbert -Beach, Oakview, Yorktown -Lake and Main -Pier areas. Tom Tincher, Director of Business and Industrial Enterprise, gave a presentation delineat- ing the areas of concern. The plans propose, among other things, senior citizens rental units, revitalization of a blighted area, and completion of the civic center complex area. Commissioner Mahaffey stated that he feels that this is, in effect, forcing people to sell their property to the City. He further stated that he feels private money is available for projects to be built and is, therefore, against redevelopment project areas. ON MOTION BY PORTER AND SECOND BY LIVENGOOD RESOLUTIONS 1288 - 1291 WERE ADOPTED BY THE PLANNING COMMISSION TO BE FORWARDED TO THE RE- DEVELOPMENT AGENCY, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter NOES: Mahaffey ABSENT: Paone, Schumacher ABSTAIN: None WORK PROGRAM FOR MUD DUMP STUDY Staff proposed a work program for a special -study analyzing future use of the Steverson Mud Dump site. The study is estimated to re- quire approximately 11-staff person -weeks and, given the number of other projects, will take approximately six months to complete. Commissioners agreed that, for now, only Task 1.0 is pressing, which would be to analyze the roles of State agencies in regulating future uses on the site. ON MOTION BY LIVENGOOD AND SECOND BY MAHAFFEY, THE COMMISSION DIRECTED STAFF TO PERFORM TASK 1.0, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mahaffey Minutes, H.B. Planning Commission April 20, 1982 Page 6 NOES: None ABSENT: Paone, Schumacher ABSTAIN: None MELLO BILL REQUIREMENTS This bill, which is now law, directs coastal cities to establish im- plementation policies and/or ordinances to restrict the demolition of existing residential uses for non-residential purposes, to require replacement of affordable housing, and to include an inclusionary housing requirement, if feasible, on new residential construction. Florence Webb, Jeanine Frank and Carol Inge, of staff, explained to the Commission the ramifications of this bill. A slide presentation was made in which it was pointed out that not all HUD housing pro- jects are blighted. ON MOTION BY MAHAFFEY AND SECOND BY PORTER THE FOLLOWING ACTIONS WILL BE TAKEN BY STAFF, BY THE FOLLOWING VOTE: 1. Direct staff to develop for Commission review, a draft interim ordinance implementing the Mello Bill requirements for the short-term, while a more comprehensive long-term implementation program is being developed. 2. Direct staff to begin work on the longer -term, comprehensive implementation ordinance(s) for the Mello Bill Within the Coastal Zone. 3. During the preparation of the ordinance(s) in (2) above, direct staff to analyze the feasibility and desirability of applying all or portions of the inclusionary requirements to the remainder of the City outside the Coastal Zone._ Include in this analysis, alternative methods to inclusionary zoning for the provision of new affordable housing. 4. .Request that the City Council establish a five -member "Housing Committee" to work with staff on the above tasks. Such a com- mittee would -include two Planning Commissioners, two Council - members, and one at -large member representing the building industry. AYES: Higgins, Livengood, Winchell, Porter, Mahaffey NOES: None ABSENT: Paone, Schumacher ABSTAIN: None SPECIAL REPORT ON LANDSCAPING This report was prepared in response to concerns which the Planning Commission expressed regarding the appearance of some parts of the City, particularly parking for commercial developments. Jeanine Frank, Planning staff, and Daryl Smith, Public Works staff, gave Minutes, H.B. Planning Commission April 20, 1982 Page 7 additional information to the Commission regarding this matter. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS THE SPECIAL REPORT ON LANDSCAPING WAS CONTINUED TO THE MEETING OF MAY 4, 1982, BY THE FOLLOWING VOTE: AYES: Higgins,-Livengood, Winchell, Porter, Mahaffey NOES: None ABSENT: Paone, Schumacher ABSTAIN: None REQUEST TO REVISE PROVISIONS FOR 24-HOUR CARE FACILITIES This is•in response to a letter received from a homeowner requesting that the limit of nonrelated persons in a 24-hour care facility in the R1 district be revised to allow up to 12 persons. ON MOTION BY PORTER AND SECOND BY HIGGINS THE ABOVE DISCUSSION ITEM WAS CONTINUED TO THE MEETING OF MAY 4, 1982, BY THE FOLLOWING.VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mahaffey NOES: None ABSENT: Paone, Schumacher ABSTAIN: None DISCUSSION OF 4-19-82 CITY COUNCIL MEETING Secretary Palin informed the Commission of City Council action taken on April 19,-.1982. Among the decisions he highlighted were the Precise Plan of Street Alignment approved, the Ranch project continued to the May 3rd meeting, and four affirmative votes on a zone change of 30 acres. COMMISSION ITEMS: Chairman Winchell passed on a suggestion by staff to move the Sub- division Meetings back to days instead of evenings. Frank Higgins was appointed to this Committee. Also, Tom Livengood was appointed to the Housing and Community Development Committee and the Ad Hoc Downtown Committee.. ADJOURNMENT: The Chairman adjourned the meeting at 11:.15 PM to a study session on April 27, 1982, at 7:30 PM. ()J es W. Palin, Secr tary lm Grace Winchell, Chairman