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HomeMy WebLinkAbout1982-06-28MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 28, 1982 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL Present: Pattinson, MacAllister, Mandic, Finley, Bailey Kelly (arrived 7:35 P.M.) - Thomas (arrived 8:37 P.M.) Absent: None PUBLIC HEARING - CODE AMENDMENT 81-12 - PARK & RECREATIONAL FACILITIES - ORD 545/RES 5071/RES 5072 - OPENED 3/l/82 - STAFF T PROCEED WITH RECOMMENDED ACTIONS The Mayor announced that this was the day and hour set to continue a public hearing opened on March 1, 1982 and continued from May 3, 1982, June 7, 1982 and June 21, 1982, to consider Code Amendment No. 81-12, initiated by the Development Services Department and the Community Services Department, which would amend the Huntington Beach Ordinance Code by repealing Article 974 - (Park and Recreational Facilities) and which would amend Article 996 also known as (Park and Recreational Facilities) relative to dedication of land or payment of fees. The Council, in conjunciton with Code Amendment No. 81-12, will also consider Resolution Nos. 5071 and 5072. The Development Services Director recommended that no action be taken and that staff be instructed to pursue items as outlined in the staff report. In response to a question by Council, the Development Services Director pre- sented the staff recommendation and stated that another public hearing should be held due to substantial new information to be received. Richard Harlow, representative of Richard A. Harlow & Associates, stated that if Council concurred with this action he would not address the subject at this time. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Finley, seconded by Pattinson, to take no action on pending Ordinance No. 2545 and Resolution Nos. 5071 and 5072 and instruct staff to proceed with the following four recommended actions outlined in the June 15, 1982 report of the Development Services Department and the Community Services Department: 1. Amend Ordinance No. 2545 to afford a postponement in the collection of park and recreation fees until issuance of a certificate of occupancy or until final inspection, whichever is appropriate for that type of development. Page #2 - Council Minutes - 6/28/82 2. To amend Chapter 14.40 of the Municipal Code to afford a postponement in the payment of the County sanitation fee until issuance of building permits; 3. To explore and develop information on a new method of assessing future fee structure which would relate to total cost of building out remaining park system based on anticipated residential development within the City; and 4. Bring a revised ordinance and resolutions back for public hearing for review and approval by the Council at some later date. Mayor Mandic stated the need to look closely at providing for the on -going maintenance of parks. The motion carried by unanimous vote, with Councilman Thomas recorded absent. PUBLIC BEARING - APPEAL FILED BY COUNCILMAN THOMAS TO BZA DENIAL OF UP 81-40 - OPENED 5/3/82 - APPEAL GRANTED The Mayor announced that this was the day and hour set to continue a public hear- ing opened on May 3, 1982 and continued from May 17, 1982 and June 21, 1982, to consider an appeal filed by Councilman Thomas to the Board of Zoning Adjust- ments denial of Use Permit 81-40, a request to permit the storage and wholesale sales of organic materials on property located south of Ellis Avenue, approximately 600 feet west of Goldenwest Street in the RA-O-CD (Residential Agriculture com- bined with Oil, Civic District). Councilman Pattinson stated that two years ago he had sold this piece of property but the applicant had not been a party to the transaction. Mr. John Zitney, Attorney, representing the applicant, informed Council that the appellant concurred with the proposed conditions except for standing of material at a six foot limit. The Development Services Director reported on the matter and discussion was held between the Council and Mr. Zitney. Mr. Montgomery, architectural representative for the applicant, addressed Council regarding Condition No. 4. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held. Deputy City Attorney Folger reported on the procedure to revoke a use permit if conditions are not met. M. E. Biddle, applicant, stated that he would comply with the conditions, and spoke regarding the signing on the property. A motion was made by Pattinson, seconded by Bailey, to grant the appeal to the Board of Zoning Adjustment's denial of Use Permit No. 81-40 based on the follow- ing findings of fact and conditions, and further directed staff to prepare a code amendment to allow for the temporary uses in the Residential -Agricultural District subject to the granting of a conditional use permit. Page #3 - Council Minutes - 6/28/82 The establishment, maintenance, or operation of the use or building applied for will not be detrimental to: S. 9811.21.1 The general welfare of persons residing or working in the vicinity. S. 9811.2.2 Injurious to property and improvements in the vicinity of such use or building. S. 9811.2.3 That the granting of the use permit will not adversely affect the General Plan of the City of Huntington Beach. Conditions of Approval 1. An annual review by the Planning Commission for the purpose of reviewing compliance with conditions and to establish an amortization period if adja- cent properties or properties within 100 feet are being.developed or have an entitlement for residential use. 2. The applicant shall submit a revised site plan which reflects the parking layout, circulation for access, and the required 6 percent landscaping. 3. The site shall remain enclosed with a six (6) foot high fence. 4. Stacking of compost, sand, or other materials shall not exceed six (6) feet in height. 6. All offsite signs shall be removed. 6. All signs shall comply with the provisions set forth in Article 976, sign code. 7. All required permits (fencing, grading, signs) shall be obtained. 8. Runoff drainage shall be graded as not to contaminate natural water courses. 9. Access to the subject site shall only be from legal, recorded easements which the applicant has a legal title to. 10. Periodic inspections shall be conducted by City staff in order to insure water and air quality. Any potential violations shall be reported to the appropriate agency. 11. Animal parts shall not be used in any of the products manufactured and/or sold. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Bailey, Kelly, Pattinson NOES: Mandic ABSENT: Thomas Page #4 - Council Minutes - 6/28/82 PUBLIC HEARING - APPEAL TO PC DENIAL OF CUP 81-8/7 11417/TPM 82-552 - MANSI014 PRf1PFRTTFS TNr./IIRRAN DEBT r.nMMIINTTTFS - [1PFNFn a/14/R9 - APPFAI n1=NTFn - MAP The Mayor announced that this was the day and hour set to continue a public , hearing opened April 19, 1982, and continued from May 3, 1982, June 7, 1982 and June 21, 1982, to consider an appeal to the Planning Commission's denial on March 2, 1982 of Conditional Use Permit 81-8, Tentative Tract 11417 and Tentative Parcel Map 82-552. Said applications are a request to permit the development of a 492 unit Planned Residential Development on property located on the south side of Clay Avenue between Huntington Street and Main Street. The Director of Development Services presented slides of the proposed project and the area involved. The City Administrator presented a review of the issue including the proposed development and the corridor area. He referred to maps of the area. Discussion was held regarding the mandatory time limit for approval of tenta- tive maps. Discussion was held regarding the communication dated June 18, 1982 from the City to Mansion Properties, Inc., and the communication dated June 16, 1982 from Mansion Properties, Inc., to the City. Linda Moon, Attorney, representing Equestrian Trails Corporation, stated their concern for recreational trails in this area and requested that this be given consideration in any revised plan. Richard Harlow, representing appellant, spoke regarding the proposed compro- mises and the ground rules which would establish constraints. Councilman Thomas arrived at the meeting. Dean Albright stated that he believed the rail system was being eliminated and that the system was the key to success for downtown development. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed bf the Mayor. Considerable discussion was held between the Council and staff regarding Council's various concerns relative to the development, including preservation of the corridor, a workable pattern of development, and fire access. A motion was made by Mandic to amend the proposed agreement; that the 40 foot corridor be kept in a straight line and that a minimum 10 foot setback on either side be required by the Planning Commission if necessary. The motion died for lack of a second. A motion was made by MacAllister, seconded by Kelly, that the letter from Man- sion Properties, Inc., to the City and the letter from the City to Mansion Properties, Inc., dated June 16, 1982 and June 18, 1982 respectively, be incorporated and directed back through the Planning Commission and staff; that they work with the developer to return with the appropriate documentation that sets this in legal binding matters. The motion carried by the following vote: Page #5 - Council Minutes - 6/28/82 AYES: Pattinson, MacAllister, Finley, Bailey, Kelly NOES: Mandic ABSENT: (Thomas absent from room) A motion was made by Finley, seconded by Kelly, to sustain the decision of the Planning Commission and deny the appeal filed to the Planning Commission's denial of Conditional Use Permit 81-8, Tentative Tract 11417 and Tentative Parcel Map 82-552, based on the following findings: 1. Insofar as a special permit must be granted in order for the Commission to approve Conditional Use Permit 81-8 in conjunction with Tentative Tract 11417 and Tentative Parcel Map 82-552, the applicant 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 or letters from the oil oper- ators or lessees in accordance with Section 9680.3 of the Huntington Beach Ordinance Code, which state "failure to submit and obtain 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 subdivision. The governing body has not found that the alternative easements for access or use will be provided or that these will be substantially equivalent to the ones previously acquired by the public. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None NOT VOTING: Thomas ABSENT: None On motion by Finley, second Kelly, Council directed that denial of said appeal included the referral of the matter to the Planning Commission. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None NOT VOTING: Thomas ABSENT: None PUBLIC HEARING - CODE AMENDMENT 82-2 - ORD NO 2556/INTRODUCTION, AS AMENDED - RES NOS 5118 & 5119 - ADOPTED - MISCELLANEOUS PROVISIONS - HEARING OPENED 5/3/S2 The Mayor announced that this was the day and hour set to continue a public hearing opened on May 3, 1982 and continued to this date, to consider Code Amendment No. 82-2, repealing Article 973 of Division 9 of the Huntington Beach Ordinance Code and adding a new Article 973 entitled "Miscellaneous Provisions." Page #6 - Council Minutes - 6128182 Said Code Amendment reorganizies and rewords sections of Article 973 for clarity, and requires a use permit rather than an administrative review for the follow- ing uses: (1) care of non -related persons; (2) temporary parking lots; (3) home occupation swimming instruction; and (4) temporary outdoor events (formerly special events). Said amendment also establishes a permit for temporary construction facilities and allows a use permit application for: (a) trailers to be used as offices for no more than five years and (b) exceptions of more than 10 feet to district height limits. The Development Services Director informed Council that they had received his memorandum dated dune 17, 1982, proposing that the following language be added to Section 9730.20: Screening of Rooftop Mechanical Features - No rooftop mechanical feature or appurtenance, except for solar equipment, shall be visible from any adjacent public right-of-way. He informed Council that publication had been received from the State outlining concerns and informing of the number of deaths nation-wide caused by wind - generating machines and incorporating a suggested draft model ordinance which staff will provide to the Council and Planning Commission. There being no one present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. The Clerk was directed to read Ordinance No. 2556, as amended, by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY REPEALING ARTICLE 973, AND ADDING THERETO NEW ARTICLE 973 EPJTITLED, "MISCELLANEOUS PROVISIONS." A motion was made by MacAllister, seconded by Kelly to approve Code Amendment No. 82-2, approve introduction of Ordinance No. 2556, as amended, and approve Resolution Nos. 5118 and 5119: RESOLUTION NO 5118 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PROCESSING VARIOUS PLANNING AND ZONING MATTERS." RESOLUTION NO 5119 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE FOR WAIVER OF INSTALLATION OF OFF -SITE IMPROVEMENTS." The motion made by MacAllister, and seconded by Kelly, carried by the following roll call vote AYES: Mandic, MacAllister, Finley, Bailey, Kelly, Pattinson, Thomas NOES: None ABSENT: None PUBLIC HEARING - APPEAL TO PC CONDITION OF APPROVAL - CUP 82-6 - APPEAL GRANTED - FRANK H A RES & SONS CONST CO --OPENED / 9 82 The Mayor announced that this was the day and hour set for a continued public hearing to consider an appeal to the Planning Commission's conditional approval of Conditional Use Permit No. 82-6, a request to permit the construction of a recreational vehicle and self -storage facility on property located on the southwest corner of Stewart Avenue and Ernest Street within the Ml-O-CD (Light Manufacturing combined with oil production and within the Civic District). The Page #7 - Council Minutes - 6/28/82 applicant is appealing Condition of Approval No. 9 which required improvements to the northerly ten feet of Ernest Street (from Centerline) between Goldenwest Street and the first entrance to the project located on Ernest Street. The Development Services Director presetned a review of the matter. He recom- mended that the wording on the condition of approval be amended. Bruce Ayres, representing the appellant, addressed Council and stated that he had not been able to acquire an easement from the adjacent property owner. There being no one present to speak further on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Pattinson, to overrule the decision of the Planning Commission, and grant the appeal to the Planning Com- mission Condition of Approval No. 9, concurring with staff that the revision of the wording be as follows: "Should the City and/or the developer be able to provide the rights -of -way for the street improvements to the ten (10) feet north of the centerline of Ernest Avenue between Goldenwest Street and the first entrance to the storage facility, the developer shall improve this 10-foot street section as per plans and specifications on file in the Department of Public Works." Based upon the following findings: 1. The proposed storage facility substantially complies with all provisions of the Huntington Beach Ordinance Code including parking, setbacks, land- scaping, and architectural design, with the exception of the 10-foot set- back, which shall be revised to show a 10-foot setback along Ernest Avenue and a 15-foot setback along Stewart Street. 2. Subject property is suitable for the proposed storage facility and will be compatible with surrounding industrial uses, which include two storage yards and vacant industrially zoned property. The motion made by MacAllister, seconded by Pattinson, carried by unanimous vote. EMERGENCY FUNDS TO REPLACE WARNER FIRE STATION DOOR.- APPROVED The City Administrator informed Council that they had been provided with a communication from the Fire Chief regarding the need to repair or replace the fire station apparatus door at the Warner Fire Station. The Fire Chief reported on the matter. On motion by Mandic, second Pattinson, Council approved the replacement of the Warner Fire Station apparatus door and appropriated $3,750 from Capital Outlay Account #710601. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: None Page #8 - Council Minutes - 6/28/82 EXPENSES FOR OFFICIAL DUTIES - RESOLUTION TO BE PREPARED Councilman Pattinson referred to the Council -Administrator Communication dated June 28, 1982 regarding expenses for official duties for City Council members and requested that the recommendations therein be put in resolution form and scheduled for the July 6, 1982 Council Agenda. COUNTY'S LOCAL COASTAL PLAN FOR BOLSA CHICA/SB 493 (REVISED) SUPPORTED On motion by Thomas, second Kelly, Council authorized sending a representative to Sacramento in support of the county's local coastal plan for the Bolsa Chica and revised SB 493 (Carpenter), Following considerable discussion, the motion carried by the following roll call vote: AYES: MacAllister, Kelly, Pattinson, Thomas NOES: Mandic, Finley, Bailey ABSENT: None On motion by Kelly, second MacAllister, Council authorized Councilman Pattinson's attendance in Sacramento on June 29, 1982, with reasonable expenses, to support the county's local coastal plan for the Bolsa Chica and revised SB 493 (Carpen- ter). The motion carried by the following roll call vote: AYES: MacAllister, Kelly, Pattinson, Thomas NOES: Mandic, Finley, Bailey ABSENT: None .0 ADJOURNMENT The adjourned regular meeting of the City Council of the City of Huntington Beach adjournnd. Alicia M. Wentworth City Clerk and ex-offieio Clerk for the City Council of the City of Huntington Beach, California ATTEST: Alicia M. Wentworth City Clerk BY Deputy City Clerk 4.1 V r Mayor