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HomeMy WebLinkAbout1982-05-04APPROVED ON 5-18-82 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, MAY 4, 1982 - 7:00 PM COMMISSIONERS PRESENT: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey COMMISSIONERS ABSENT: Higgins CONSENT CALENDAR: ON MOTION BY SCHUMACHER AND SECOND BY LIVENGOOD THE CONSENT CALENDAR, CONSISTING OF THE MINUTES OF THE REGULAR MEETINGS OF APRIL 6 AND APRIL 20, 1982, WERE APPROVED BY THE FOLLOWING VOTE: AYES: *Paone, Winchell, Livengood, Porter, *Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: (Paone, Schumacher) *Abstain from 4-20-82 minutes. ORAL COMMUNICATIONS: None. COMMISSION ITEMS: Commissioner Livengood announced that he will be attending the work- shop at U.C. Irvine regarding planning commissions. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL'STAFF,WAS DIRECTED TO SUPPLY THE COMMISSION WITH COPIES OF THE LEGAL NOTICES THAT ARE SENT TO THE PUBLISHERS, BY THE FOLLOWING VOTE: AYES: Livengood; Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: None REGULAR AGENDA ITEMS: CODE AMENDMENT NO. 81-18/NEGATIVE DECLARATION NO. 82-3 (Continued from April 20, 1982) Initiated by City of Huntington Beach Minutes, H.B. Planning Commission May 4, 1982 Page 2 This is an ordinance amending the Huntington Beach Ordinance Code by establishing a new article for Mobile Home Park Conversion regula- tions. The ordinance will establish requirements for notification of mobile home park residents, and will set guidelines.for approval of a Tenant Relocation Assistance Plan prior to the change -of use of a mobile home park. Chuck Clark and Hal Simmons summarized the staff report. The public hearing was opened, after a five minute recess to view the added in- formation. The following persons addressed the Commission in opposi- tion to the proposed amendment: Mr. Wire Ruth Benno Ed Judowski Natalie -Coach Brent Swanson Bob Biancus Mr. Knoles Robert Williams Wallace Grotnoise The following points were raised in the public hearing. It was felt that persons who reside in a mobile home part-time should be given the same compensation for relocation benefits. A suggestion was made to allow the tenants to hire their own appraiser for arbitration. The statement was made that there are no more spaces available in -all of Orange County and that the few available do not.accept units older than 2 years. It was stated, again, that no consideration is being given to the elderly who wish to retire in this City or to the people who'have jobs in this area. Mobile home tenants should be given the "first right of refusal" so that; if they wish, they may purchase the land -if they do not wish to relocate. It was suggested that in a,Redevelopment Area, a homeowner is paid at least 100% of the fair market value of his home and that it should be the same in this case. Natalie Coach, member of the committee formed by the City Council, asked for a continuance on this item to allow the committee' to come back with viable alternatives.. A suggestion was made that private developers buy vacant land for relocating the displaced tenants. One park owner who does not wish to convert his own park, stated as an example, that in his park there are 10 coaches for sale that are not getting sold. He felt that this is due to the poor economy and suggested that conversions be handled on a case -by -case basis. Robert Williams stated that he would be available to meet with any of the tenants at any time. Brent Swanson suggested that the City use an overlay zone which can be lifted after relocation is completed. He also felt that an environmental document should be employed instead of a negative declaration. He said that using full market value could -2- 5-4-82 - P.C. Minutes, H.B. May 4, 1982 Page 3 Planning Commission be construed as "inverse condemnation". The public hearing was closed. Commissioners Schumacher and Paone stated that they had listened to the tapes and were, therefore, eligible to vote. After considerable discussion., the consensus was that the sliding scale was not a viable vehicle for arriving at compensation of the tenants. Commissioner Paone suggested using a flat fee and only using the sliding scale for older units. He felt that in reality there was no truly fair stan- dard to use. A MOTION WAS MADE BY LIVENGOOD AND SECONDED BY MAHAFFEY TO ELIMINATE THE USE OF A SLIDING SCALE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: Livengood, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: Higgins ABSTAIN: None A MOTION WAS MADE BY SCHUMACHER AND SECONDED BY MAHAFFEY TO CONTINUE CODE AMENDMENT 81-18 AND NEGATIVE DECLARATION NO, 82-3 TO THE MEET- ING OF MAY 18, 1982, TO ALLOW STAFF TIME TO GET FIGURES FROM THE HUNTINGTON SHORES PARK CONVERSION. A MOTION WAS MADE BY PAONE AND SECONDED BY PORTER AMENDING THE MO- TION FOR CONTINUANCE TO INCLUDE ADDRESSING THE ISSUE OF A CASE -BY - CASE BASIS IN A SIMPLE FASHION USING THE CITY OF NEWPORT BEACH ORDINANCE AS A MODEL. THIS MOTION PASSED BY THE FOLLOWING VOTE: AYES: Paone, Porter, Schumacher, Mahaffey NOES: Livengood, Winchell ABSENT: Higgins ABSTAIN: None The following vote was taken on the previous motion to continue: AYES: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT:- Higgins ABSTAIN: None ON MOTION BY LIVENGOOD AND SECOND BY PAONE STAFF WAS.DIRECTED TO PREPARE AN ORDINANCE FOR THE MEETING OF MAY 18, 1982, INCORPORATING AN OVERLAY ZONE, BY THE FOLLOWING VOTE: AYES: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: None -3- 5-4-82 - P.C. Minutes, H.B. Planning Commission May 4, 1982 Page 4 t ON MOTION BY MAHAFFEY AND SECOND BY LIVENGOOD STAFF WAS DIRECTED TO WRITE A LETTER TO THE CITY COUNCIL FROM THE PLANNING COMMISSION COM- MUNICATING THAT OVERLAY ZONING IS BEING -CONSIDERED, BY THE FOLLOWING VOTE: AYES: Livengood, Winchell, Porter', Schumacher, Mahaffey NOES: None ABSENT: Paone, Higgins ABSTAIN: None CONDITIONAL USE PERMIT NO. 81-29/TENTATIVE TRACT NO. 11681/NEGATIVE DECLARATION NO. 81-51 (Continued from 4-20-82) Applicant: Robert F. Curtis Development Company A request to permit a two -lot division of land and the construction of 78 condominium units on 5,1 gross acres of property located on the south side of Warner Avenue between Lynn and Green Streets. Savoy Bellavia informed the Commission of the change to Condition #1 for the CUP. The public hearing was opened. Speaking in favor of granting the application was -the developer, Robert Curtis. Seeing no other -persons wished to address the Commission on this issue „ the public hearing -was closed. Commission discussion was minimal. ON MOTION BY PORTER AND SECOND BY LIVENGOOD NEGATIVE DECLARATION NO. 81-51 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: None ON MOTION BY PORTER AND SECOND BY LIVENGOOD TENTATIVE TRACT NO. 11681 WAS APPROVED WITH THE FOLLOWING,FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision of this,4.152 gross acre parcel of land zoned R3, is proposed to be constructed having•20 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 for 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 -4- 5-4-82 - P.C. Minutes, H.B. Planning Commission May 4, 1982 Page .5 residential was placed on the property. CONDITIONS FOR APPROVAL: 1. The tentative tract received and dated. April 9, 1982, shall be the approved layout. 2. Prior to the recordation of a final map, the City shall vacate .Jennifer Circle. 3. If either of the parcels not included within the blue border of the tentative tract, one located at the southeast corner of Lynn Street and Warner. Avenue, the other located on Green Street south of Warner Avenue, are,made available through condemnation procedures prior to the completion of the proposed project, the developer will be required to incorporate these parcels into the tentative tract and provide full off -site improvements. During the interim, the applicant is required to provide tempo- rary off -site improvements to allow for proper drainage of the subject tract. Said temporary improvements shall be approved by the Department of Public Works. 4. The water system shall be through the City of -Huntington Beach water system. 5. The sewer, water, and fire hydrant system shall be designed to City standards. 6. The property shall -participate in local drainage easement dis- trict requirements and fees. 7. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of a final map. This system shall be designed to provide for erosion and siltation, control both during and after construction of the proposed project. 8. All access rights laong Warner Avenue, Lynn and Green Streets, except at the intersection of the private drive, shall be dedi- cated -to the City of Huntington Beach. AYES: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: None ON MOTION BY PORTER AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 81-29 WAS APPROVED WITH A SPECIAL PERMIT, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -5- 5-4-82 - P.C. Minutes, H.B. Planning Commission May 4, 1982 Page 6 SPECIAL PERMIT: A special permit was granted allowing: 1. Open elevated walkways within the required open space, and 2. A reduction of the required entranceway dimension to 35 feet in width. CONDITIONS FOR SPECIAL PERMIT: 1. Through the use of aesthetically pleasing plant materials, aes- thetically pleasing architecture and special design and construc- tion techniques, the surrounding uses will be minimally impacted as a result of the proposed project and, therefore, the subject project will not be detrimental to the general -health, welfare, safety and 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 a unique parcel of land will help to insure maximum privacy for the residents within a project of this density. 3. Through the use of heavy landscape planning throughout the pro- ject,, and by maximizing the use of aesthetically pleasing types of architecture and building materials, the proposed project will promote,a better living environment. FINDINGS FOR APPROVAL: 1. The proposed subdivision of this 4.152 gross acre parcel of land zoned R3, is proposed to be constructed having 20 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 for 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 residential was placed on the property. CONDITIONS OF APPROVAL: 1. The floor plans, and elevations received and dated April 14, 1982,. shall be the approved floor plans and elevations. The site plan received and dated April 6, 1982, shall be revised to reflect the reduced outside storage closet dimension along the south -6- 5-4-82 - P.C. 1 Minutes, H.B. Planning Commission May 4, 1982 Page 7 property line and the semi -subterranean parking structure shall be revised to reflect solid walls along the east and west sides. 2. Natural gas and 220V electrical shall be stubbed in at the lo- cation of clothes dryers. 3. Natural gas shall be stubbed in at the locations of cooking fa- cilities, 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 off - site 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 de- tached, shall be constructed in compliance with the State acous- tical 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 deemed necessary by the Huntington Beach Fire Depart- ment. 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 shall contain a pro- vision that will prohibit storage of boats, trailers, and re- creational vehicles on site, unless an area that is specifically designated for such storage and which is in compliance with the provisions of Article 936 is provided for in the project. AYES: Livengood, Paone, Winchell, Porter, Schumacher; Mahaffey NOES:. None ABSENT: Higgins ABSTAIN: None -7- 5-4-82 - P.C. Minutes, H.B. Planning Commission May 4, 1982 Page 8 CONDITIONAL USE PERMIT NO. 82-7 Applicant: First Christian Church of Huntington Beach A request to permit the conversion of an existing church sanctuary into school classrooms on 3.90 acres of property located on the southeast corner of Adams Avenue and 17th Street. The public hearing was opened. Rolo West, Project Manager, spoke in favor of granting the application. The public hearing was closed. ON MOTION BY LIVENGOOD AND SECOND BY MAHAFFEY CONDITIONAL USE PER- MIT NO. 82-7 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed conversion of the existing sanctuary within the church for classrooms, is compatible with the existing facility and will not be detrimental to surrounding land uses. 2. The proposed conversion is in substantial compliance with ap- plicable provisions of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated March 29, 1982, shall be the approved layout. 2. All previously imposed conditions of Conditional Use Permit No. 79-32 shall be adhered to. AYES: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-03 Applicant: St. Wilfrid's Episcopal Church A request to permit the placement of a mobile unit to beused for expansion of an existing preschool located at 18631 Chapel Lane, at the western terminus of Modale Drive. The public hearing was opened. Kay Wolford, representing the appli- cant, requested that the application be granted. The public hearing was closed. Commission considered the possibility of delaying a decision on this matter until the code amendment on this subject was passed by the City Council. But after the Commission was informed that City Coun- 1 L -8- 5-4-82 - P.C. Minutes, H.B. Planning Commission May 4, 1982 Page 9 cil had postponed the code amendment until June, they decided to act on this issue without further delay. A MOTION BY MAHAFFEY AND SECOND BY SCHUMACHER TO APPROVE CONDITIONAL EXCEPTION NO. 82-03 WITH THE FINDINGS AND CONDITIONS AS OUTLINED IN THE STAFF REPORT, FAILED BY THE FOLLOWING VOTE: AYES: Porter, Schumacher, Mahaffey NOES: Livengood, Paone, Winchell ABSENT: Higgins ABSTAIN: None A MOTION WAS MADE BY WINCHELL AND SECONDED BY SCHUMACHER TO RECONSI- DER THE PREVIOUS MOTION. THIS MOTION PASSED BY THE FOLLOWING VOTE: AYES: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: None A motion was made by Paone and seconded by Livengood to table this issue until after the ordinance on temporary structures is adopted by the City Council. After some discussion, Commissioner Livengood withdrew his second and motion then failed for lack of a second. ON MOTION BY MAHAFFEY AND SECOND BY SCHUMACHER CONDITIONAL EXCEPTION NO. 82-03 WAS APPROVED WITH THE FOLLOWING FINDINGS AND AMENDED CON- DITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The granting of the conditional exception will not constitute a grant of special privilege inconsistent upon -other properties in the vicinity and under identical zone classifications. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of a conditional exception will not be materially detrimental to the public welfare or injurious to property in the same zone classification. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 5. At the present time, there is no enabling ordinance to allow -9- - 5-4-82 - P.C. Minutes, H.B. Planning Commission May 4, 1982 Page 10 such a temporary use, however, a revision allowing temporary uses is pending. CONDITIONS OF APPROVAL: 1. The site plan dated April 2, 1982, shall be the approved layout, subject to a five (5) foot setback to the rear property line. 2. This approval shall be valid for five (5) years only. 3. All entrances and exits shall be to a public walkway or -driveway. 4. A landscape plan shall be submitted to the Director of Develop- ment Services depicting additional landscaping to screen the. temporary base (skirting) and/or undercarriage of the commercial coach. 5. The applicant shall post a $500 bond.with the, City to guarantee removal of such coach. 6. The applicant shall comply with Building Division requirements. 7. The commercial coach must comply with Fire Department regulations. 8. Prior to issuance of building permits, water and sewer connections shall be approved by the Department of Public Works. . 9. The Planning Commission shall review Conditional Exception No. 82-03 at the end of one year to ensure that all conditions of approval have been met. 10.. The Planning Commission reserves the right to rescind this ap- proval of Conditional Exception 82-03 in the event of any vio- lation of the applicable zoning laws or violation of these conditions of approval. Any such decision shall -be preceded by notice to the applicant and/or a public hearing, and shall be based upon specific findings. AYES: Livengood, Winchell, Porter, Schumacher, Mahaffey NOES: Paone ABSENT: Higgins ABSTAIN: None DISCUSSION ITEMS: SPECIAL REPORT ON LANDSCAPING This item was continued from the meeting of April 20, 1982. The re- port was prepared by staff in response to concerns which the Planning -10- 5-4-82 - P.C. Minutes, H.B. Planning"Commission May 4, 1982 Page 11 Commission expressed regarding the appearance of some parts of the City, particularly parking for commercial developments. After a brief discussion, the following motion was made: ON MOTION BY PAONE AND SECOND BY PORTER STAFF WAS DIRECTED TO PER- FORM THE FOLLOWING TASKS, BY THE FOLLOWING VOTE: 1. Step up enforcement of maintenance ordinances. 2. Prepare a code amendment to upgrade landscaping requirements for parking lots. 3. Prepare an overlay zone with development standards for landscape corridors. 4. Investigate the feasibility of establishing maintenance assess- ment districts for specific areas within the City. . 5. Upgrade landscaping in existing centers for new permits, or by a certain date. 6. Investigate ways to keep remainder of site at least 6% landscaping. AYES: Livengood, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: Higgins ABSTAIN: None REQUEST TO REVISE PROVISIONS FOR 24-HOUR CARE FACILITIES This discussion item was continued from the last regular meeting. It is in response to.a letter addressed to Councilman Ron Pattinson asking that the Huntington Beach Ordinance Code, with regard to care of non -related persons, be increased from its present limit of six persons to twelve persons in an R1-District. ON MOTION BY-LIVENGOOD AND SECOND BY SCHUMACHER STAFF WAS DIRECTED TO RECOMMEND TO CITY COUNCIL THAT THEY LEAVE THE CODE IN ITS PRE- SENT STATE, OR RESTRICT THE NUMBER OF NON -RELATED PERSONS TO SIX, BY THE FOLLOWING VOTE: AYES: Livengood, Winchell, Schumacher NOES: Mahaffey ABSENT: Paone, Porter, Higgins ABSTAIN: None WAIVER OF STREET DEDICATION & IMPROVEMENTS FOR TEMPORARY LAND USES Savoy Bellavia explained that the intent of the waiver of street -11- 5-4-82 - P.C. Minutes, H.B. Planning Commission May 4, 1982 Page 12 dedication and improvements for temporary land uses is to increase the categories in the Code that exempt these requirements. . ON MOTION BY MAHAFFEY AND SECOND BY LIVENGOOD STAFF WAS DIRECTED TO PROCEED WITH PREPARATION OF A CODE AMENDMENT OF SAID APPLICATION, BY THE FOLLOWING VOTE: AYES: Livengood, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Paone, Higgins ABSTAIN: None FINAL DRAFT OF CODE AMENDMENT NO. 81-9 At the request of Commission., staff presented the Planning Commission with the final draft of Code Amendment No. 81-9 (revising Article 936 of the Ordinance Code) incorporating their suggested changes. ON MOTION BY PAONE AND SECOND BY LIVENGOOD CODE AMENDMENT NO. 81-9 WAS DEEMED ACCEPTABLE, BY THE FOLLOWING VOTE: AYES: Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Higgins ABSTAIN: None DISCUSSION OF MAY 3, 1982 CITY COUNCIL MEETING Florence Webb, Acting Deputy Director, informed the Planning Commis- sion of the action taken at the May 3, 1982 City Council meeting. An appeal on "The Ranch" by Mansion Properties,.was continued to the meeting of June 7, 1982; the mud dump site zone change was ap- proved for limited use district; the zone change for Sassounian and Warmington was also approved by a vote of 4-2; a code amendment revising Article 973 was continued to June 21., 1982; City Council directed'staff to look into the possibility of annexing the Bolsa Chica; and five redevelopment plans were adopted. DEVELOPMENT SERVICES ITEMS: Acting Secretary Webb informed the Commission that the staff received a letter from Gerald Klein asking that he receive any information re- lating to Irby Park. A memo from the Community Services Department. announcing a future meeting on Irby Park, would be sent to him and should answer his inquiry. COMMISSION ITEMS: None. -12- .5-4-82 - P.C. 3, § Minutes, H.B. Planning Commission May 4, 1982 Page, 13 ADJOURNMENT: There being no further business before the Planning Commission, the meeting was adjourned at 11:10 PM, to the next regular meeting of May 18, 1982. :jlm 1 Grace Winchell, Chairman -13- 5-4-82 - P.C.