Loading...
HomeMy WebLinkAbout1982-09-21Approved October 5, 1982 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, SEPTEMBER 21, 1982 - 7:00 PM COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Higgins, Livengood, Winchell, Porter, Mirjahangir Paone, Schumacher The meeting was called to order by Vice -Chairman Mark Porter. CONSENT CALENDAR: ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL THE CONSENT CALEN- DAR, CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 8, 1982, AND AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 80-12, WAS APPROVED BY THE FOLLOWING VOTES: MINUTES: AYES: NOES: ABSENT: ABSTAIN: EXTENSION OF TIME: AYES: NOES: ABSENT: ABSTAIN: ORAL COMMUNICATIONS: Higgins, Livengood, Winchell None Paone, Schumacher Porter, Mirjahangir Higgins, Livengood, Winchell, Porter, Mirjahangir None Paone, Schumacher None REGULAR AGENDA ITEMS: None GENERAL PLAN CONFORMANCE NO. 82-4 (Cont. from September 7, 1982) Applicant: Initiated by the Department of Community Services To determine conformity with the General Plan of a proposal to retain 2 ± acres as an addition to Irby Neighborhood Park and dec- lare the remaining 6 ± acres of undeveloped park as Surplus to the needs of the City. Subject property is located north of Marilyn Drive and east of Dale Vista Lane. Minutes, H.B. Planning Commission September 21, 1982 Page 2 Acting Secretary Florence Webb made a brief presentation on the nature of the action before the Commission and described the project. Bob Aldrich described the additional information which staff has submitted at the Commission's request on alternative land uses which might be placed on the property, traffic and safety considerations inherent in the various alternatives, and the legality of the City's sale of park property. Staff reported that the Attorney's office has researched the matter and found no deed restrictions limiting the use of the land to park purposes; it was noted, however, that any monies derived from the sale of the land were intended to go into the general park funds and be used for the City park system. The public hearing was opened. Gerald Klein, an attorney, addressed the Commission to discuss the concern. of the neighborhood to retain the park in its existing acreage. He questioned the legality of the proposed sale, noting that a written opinion should be submitted from the Attorney's office. It was Mr. Kline's opinion that the gifts and dedications had incorpor- ated the park into the General Plan and to sell acreage or otherwise dispose of it would require a General Plan amendment. He also dis- cussed the probable cost per residential unit for the subject land after excavation and fill costs were included, and said that an envir- onmental impact report was legally required for the conformance finding. Deborah Klein, 16731 Dale Vista Lane, distributed results of a survey of the neighborhood to the Commission. She cited the main results of the survey as showing that the residents wish to preserve the park area; oppose construction of residential units on the site; have questions about the agricultural use on the site because of possible noise, dirt,and the operation of large equipment; and showed consid- erable interest in the community garden concept. She urged the Com- mission to explore all alternatives before making a finding. Tom S. Miller, 16712 Kettler Lane, also opposed disposing of the property and suggested use of the land by community groups such as Boy Scouts for endeavors which are generally not provided for in cities - bee keeping was one possibility set forth. Barbara Flynn, 16731 Diane Lane, spoke in regard to the instability of the soil in the subject area, citing hazards to buildings and in- habitants which could result from extensive excavation and fill. She also pointed out that the soils tests show the water table at 17 feet, while the report says that excavation and fill may have to go to 20 feet in some locations, and questioned how that could occur with- out affecting the surrounding water table in unknown and possibly adverse fashion. Another objection of Ms. Flynn was that no indica- tion has been given of what may lie below the 20-foot level to which the soils report tested. Speaking again later in the meeting for an absent resident, Ms. Flynn discussed possible alternative uses -2- 9-21-82 - P.C. I 1 P� Minutes, H.B. Planning Commission - September 21, 1982 Page 3 which could be placed on the property and urged that the request not be found in conformance with the General Plan. Theresa Ayers, 16781 Diane Lane, discussed the desirability and feasibility of establishing a community garden project on the site. There were no other persons to speak for or against the proposal, and the public hearing was closed. Acting Chairman Porter questioned staff in regard to the lack of a written attorney's opinion, the requirement for an EIR, and the legality of a finding of conformance for use of property designated for public purposes for a non-public purpose. Legal counsel Art Folger replied that a written opinion had been prepared based upon citations of cases which were felt reliable to support a finding of conformance. He also expressed the opinion that an EIR should not be required at this point, but could be prepared when addressing a specific project proposal for the site. Staff planner Chuck Clark informed the Commission that the land is designated "public space" in the Open Space/Conservation Element of the General Plan but no mention is made of how much of that land should be used for Irby Park; the property is designated as "low density residential" on the Land Use Element because of the primary character of the area and the size criteria (as are most of the neighborhood parks in the City). Vince Moorhouse, Director of Community Services, discussed the nature of the park system in the City and precedents for the sale of surplus park sites, emphasizing that monies derived from such sales must be spent on the remainder of the park system. He ex- pressed the opinion that the proposal for a 5-acre size for Irby Park was in excess of normal neighborhood parks and recommended that the sale be found in conformance with the General Plan. Extensive Commission discussion took place, taking into considera- tion the question of whether or not the Community Services Com- mission had reviewed the alternative land uses set forth in the Planning Commission staff report (Mr. Moorhouse reported that his Commission had not had that opportunity); the adequacy of the size of the proposed park; the economic feasibility of development of the surplus area as residential; the focus of the action re- quested of the Commission (i.e., the finding of conformance only, not the consideration of any future development); and the possible effects of excavation, fill, and new construction on the site. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR GENERAL PLAN CONFORMANCE NO. 82-4 (A REQUEST TO DECLARE A PORTION OF UNDEVELOPED PARK LAND AS SURPLUS TO THE NEEDS OF THE CITY) WAS FOUND NOT TO BE IN CONFORMANCE WITH THE GENERAL PLAN WITH THE FOLLOWING FINDING, BY THE FOLLOWING VOTE: -3- 9-21-82 - P.C. Minutes, H.R. planning Commjp49n September 21, 1982 Page 4 FINDING: The request for General Plan Conformance No. 82-4 is found not to comply with the goals and policies of the General Plan, Section 2.1.5.1(4)(c), relating to areas of restricted development due to the existence of natural hazards. AYES: Livengood, Winchell, Porter, Mirjahangir NOES: Higgins ABSENT: Paone, Schumacher ABSTAIN: None A discussion of procedure followed. Art Folger informed the Commission that the only way the conformance would go on to the City Council would be on appeal; lacking that, the City Council cannot act on the declara- tion of the property as surplus without a finding of conformance. USE PERMIT NO. 82-23 - APPEAL Applicant: Ronald Wood/Bill Goodman Appeal to conditions of approval imposed by the Board of Zoning Adjust- ments pertaining to the side yard setback for a garage and a height limit for a proposed garage on property located on the south side of Williams Avenue approximately 300 feet east of Florida Street. Howard Zelefsky explained the conditions of approval which are being appealed - a requirement for five foot side yard setback and a height restriction of 9 feet for garages constructed at zero setback on the rear property line. Commissioner Mirjahangir, appellant, discussed a recent code amendment recommended by the Planning Commission to attempt to resolve inconsis- tencies between the R2 standards and the apartment standards and noted that this inconsistency has a bearing on the present application. He said that adjacent to the existing commercial property there should be no need to limit the height and there was definitely a need in the City for the recreational vehicle storage which this project could pro- vide to the tenants. The public hearing was reopened. Mr. Goodman, applicant, addressed the Commission in support of his request. He also cited the need for recreational vehicle parking and said that the five-foot side setback as conditioned by the Board would only result in problems with trash and debris and vandalism. There were no other persons to speak for or against the proposal, and the public hearing was closed. Savoy Bellavia explained that the height limit in both R2 and under the apartment standards is 30 feet; however, it has been the consis- tently applied policy for a number of years to restrict garage height at zero setback to 9 feet. He also noted that in the past a conditional exception had been required to allow that zero setback but a prior -4- 9-21-82 - P.C. Minutes, H.B. Planning Commission September 21, 1982 Page 5 - code revision had omitted both requirements; hence the need for the previously mentioned code amendment to clarify those re- quirements. Bill Cooper of the Fire Department informed the Commission that technically the UBC would require a totally improved roadway back to the RV parking structure with'an onsite hydrant, but given the 20 foot driveway and the fact that the regular parking spaces were going to be open carports for the use of regular automobiles only it is felt that the Fire Department could allow the struc- ture provided it is fully sprinklered. He stressed that it would not be strictly in compliance with code, but could be accepted. A MOTION WAS MADE BY HIGGINS AND SECONDED BY LIVENGOOD TO UPHOLD THE APPEAL TO THE CONDITIONS IMPOSED ON USE PERMIT NO. 82-32, ALLOWING ZERO SIDE YARD SETBACK ON THREE SIDES AND GIVING THE APPLICANT THE OPTION TO BUILD TO A NINE (9) FOOT GARAGE HEIGHT OR TO BUILD A FIFTEEN (15) FOOT HIGH GARAGE STRUCTURE WITH A FULL FIRE SPRINKLERING SYSTEM AS REQUIRED BY THE FIRE DEPARTMENT, WITH ALL OTHER CONDITIONS OF APPROVAL IMPOSED BY THE BOARD OF ZONING ADJUSTMENTS. Further discussion ensued. Les Evans responded to a direct ques- tion from the Commission to say that end parking spaces require a three foot greater width than inner ones, somewhat limiting the maneuverability in the end units. Florence Webb commented on the reasoning used by the Board in imposing its conditions, noting that for eight apartment units the provision of 12 RV spaces seemed excessive for the use of the tenants, and staff had some reservations about the possibility of a commercial storage facility operating in a residential district. THE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Mirjahangir NOES: Winchell, Porter ABSENT: Paone, Schumacher ABSTAIN: None A MOTION WAS MADE BY WINCHELL AND SECOND BY HIGGINS TO UPHOLD THE FINDINGS AND DECISION OF THE BOARD OF ZONING ADJUSTMENTS IN REGARD TO USE PERMIT NO. 82-23. MOTION FAILED.BY THE FOLLOWING VOTE: AYES: Higgins, WInchell, Porter NOES: Livengood, Mirjahangir ABSENT: Paone, Schumacher ABSTAIN: None The appeal is automatically continued to the next regular meet- ing of the Commission on October 5, 1982. Chairman Porter directed staff to make sure that the absent commissioners be asked to listen to the record of this public hearing so they might participate in action at the next meeting. -5- 9-21-82 - P.C. Minutes, H.B. Planning Commission September 21, 1982 Page 6 CONDITIONAL EXCEPTION NO. 82-42 - APPEAL Applicant: John L. Peterson To allow construction of a single-family dwelling with the structure encroaching six inches into the required property located on the east side of Main Street south Avenue. Savoy Bellavia briefly reviewed the proposal. The public hearing was opened. a portion of side yards on of Utica John Peterson, applicant and appellant, spoke to the Commission in support of his project. He cited problems along Main Street of vehicu- lar and pedestrian traffic, noise, dirt, and security as reasons for the request, along with the hardship imposed by the "no parking" on Main Street in front of his lot. He also noted that the encroachment requested is slight and that he considered his request a reasonable proposal with no impact on neighboring properties. Dave Frampton, owner and resident of the property directly adjacent to the south, addressed the Commission to object to the proposed con- struction, saying that a 20 foot long, 20 foot high blank wall adjac- ent to his back yard would be totally inconsistent with the existing character of the Rl neighborhood. The public hearing was closed. Commission discussion included the possibility of reorienting the structure on the lot and the possibility of a lot line adjustment be- tween the subject property and the lot directly to the north (also owned by the present applicant). In response to questioning, staff indicated that there would be no action the Commission could take to prevent construction of the 20 foot high racquetball court as long as it was built within the setbacks. ON MOTION BY HIGGINS AND SECOND BY LIVENGOOD THE PLANNING COMMISSION UPHELD THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS TO DENY CONDI- TIONAL EXCEPTION NO, 82-42 WITH THE FOLLOWING FINDINGS, BY THE FOL- LOWING VOTE: FINDINGS: 1. There are no exceptional circumstances which apply to the prop- erty that.deprive it of privileges normally enjoyed in the Rl District. Dimensions of the property are adequate to accommodate the proposed dwelling and ancillary facilities under a design that would be fully in compliance with all applicable development standards in the R1 District. 2. Granting of the conditional exception would constitute a grant of special privilege inconsistent with normal limitations of the R1 District and might set a precedent for future requests of this nature. -6- 9-21-82 - P.C. Minutes, H.B. Planning Commission September 21, 1982 Page 7 3. The conditional exception is not necessary for the preserva- tion of one or more substantial property rights. There are feasible alternatives to the proposal. 4. Granting of the conditional exception could be materially detrimental to adjacent properties. The proposed encroach- ment into the side yard setback area would place a structure on the property at less than the minimum allowed distance from the side property line. AYES: Higgins, Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Paone, Schumacher ABSTAIN: None CONDITIONAL USE PERMIT NO. 82-23/NEGATIVE DECLARATION NO. 82-32 Applicant: Larry Nye, Agent for Hillcrest Baptist Church To permit construction of an 8,100 square foot church facility in conjunction with a 10,566 square foot medical building with reciprocal parking provided on property located on the northeast corner of Newman Avenue and Van Buren Street. Savoy Bellavia reported that a letter has been received from the applicant requesting a continuance to the next meeting. No one was present to speak for or against the proposal, and the public hearing was not opened. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CONDITIONAL USE PERMIT NO. 82-23 AND NEGATIVE DECLARATION NO. 82-32 WERE CONTIN- UED TO THE MEETING OF OCTOBER 5, 1982, AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Paone, Schumacher ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-09/TENTATIVE PARCEL MAP NO. 82-566 Applicant: Khan Associates To permit the division of an existing 96 foot wide lot into two lots with 48 foot frontage each on property located east of Ash Street approximately 115 feet south of Cypress Avenue. Howard Zelefsky made a brief presentation of the.proposal, noting that the code requires a 60 foot lot frontage which would allow construction of 7 units under the apartment standards. The divided lots, with substandard widths, would allow 8 units under the R2 standards if granted. -7- 9-21-82 - P.C. Minutes, H.B. Planning Commission September 21, 1982 Page 8 The public hearing was opened. Ray Kahn, applicant, spoke in favor of his request. He stated that it would improve the condition of the neighborhood, supply a need in the City for small rental units, and allow the economic development of the property. He also said that other lots in the immediate vic- inity were less than 60 feet in width. Fran Andrade, area resident, addressed the Commission in opposition to the request. There were no other persons to speak for or against the proposal, and the public hearing was closed. Commission discussion ensued. Staff pointed out that the subject property is within the Oak View Redevelopment Project, where the goal is to consolidate and recycle the existing fragmented lots to upgrade the community. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CONDITIONAL EXCEPTION NO. 82-09 AND TENTATIVE PARCEL MAP NO. 82-566 WERE DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS - CONDITIONAL EXCEPTION NO. 82­;09: 1. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed on other properties in the vicinity. There are no special topographic features or any unique character- istics related to the land. 2. The granting of Conditional Exception No. 82-09 would constitute a grant of special privilege inconsistent with limitations upon properties in the vicinity. 3. The granting of the conditional exception would conflict with the minimum requirements of Article 916 of the Huntington Beach Ordinance Code. FINDINGS - TENTATIVE PARCEL MAP NO. 82-566: 1. The proposed subdivision, which would create two 48 foot wide lots, does not comply with the minimum standards of the ordinance code. 2. The granting of the proposed subdivision would allow for an in- crease in density by.one unit while maintaining substandard sized parcels. AYES: Higgins, Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Paone, Schumacher ABSTAIN: None The applicant was advised of the appeal period and procedure. -8- 9-21-82 - P.C. Minutes, H.B. Planning Commission September 21, 1982 Page 9 PRECISE PLAN OF STREET ALIGNMENT NO. 82-3/NEGATIVE DECLARATION 82-33 Applicant: Initiated by the City of Huntington Beach To establish a 54 foot right-of-way in lieu of the current 60-foot right-of-way for a portion of Cypress Avenue between Beach Boulevard and Elm Street. The public hearing was opened. Fran Andrade requested clarification on the effect this precise plan will have on the existing street. Staff replied that the pre- cise plan will not narrow the street section itself, which will remain at 40 feet curb face to curb face. The parkway will be re- duced three feet on each side and trees will no longer be planted there but will be required on the abutting private properties. No costs will be incurred by adjacent properties until they develop, and the new alignment should reduce property owners' future costs as well as future required dedication. Lupe DeRego, 7872 Cypress Street, was also present to discuss the precise plan with the Commission and staff. The public hearing was closed. Commission review ensued. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS THE COMMISSION ADOPTED NEGATIVE DECLARATION NO. 82-33 AND APPROVED PRECISE PLAN OF STREET ALIGNMENT NO. 82-3 FOR RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Paone, Schumacher ABSTAIN: None ITEMS NOT FOR PUBLIC HEARING: TENTATIVE TRACT NO. 11831 Applicant: Campbell Trust To permit the division of 6 acres of property located on the north side of Talbert Avenue east of the Southern Pacific Railroad tracks into 15 industrial lots. Savoy Bellavia described the proposal and informed the Commission that the most critical condition suggested is the requirement for the street right-of-way to be installed between the subject property and the present termination of Woodwind to the east, a distance of approximately 330 feet. He noted that the right-of- way for this street has been dedicated and there is a tentative tract being processed on the property adjacent to the east. -9- 9-21-82 - P.C. Minutes, H.B. Planning Commission September 21, 1982 Page 10 Dick Hammond of Cambro Manufacturing, representing the applicant, expressed objection to the street requirement as being very costly and unnecessary to provide access to his tract. The Commission discussed the length of the only other access into the tract, Sampson Lane, which was felt to be excessive and one that would impact properties to the north. Timing schedules -for both tracts were reviewed and it was the consensus that delay of the sub- ject application until after processing of the easterly tract would be desirable. After further discussion, Mr. Hammond agreed to such continuance. ON MOTION BY MIRJAHANGIR AND SECOND BY HIGGINS TENTATIVE TRACT NO. 11831 WAS CONTINUED TO THE REGULAR MEETING OF OCTOBER 19, 1982, WITH THE CONCURRENCE OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Paone, Schumacher ABSTAIN: None DISCUSSION ITEMS: Board of Zoning Adjustments Staff and the Commission discussed the report prepared by the Depart- ment of Development Services to clarify the function and procedures of the Board of Zoning Adjustments. Acting Secretary Florence Webb reviewed the actions taken by the City Council at the adjourned meeting on September 13 and the regular meeting of September 20 for the Commission's information. She in- formed them that a study session on the mobile home conversion ordin- ance is scheduled for Monday, September 27, 1982, and a Planning Mode study session is scheduled for October 25, 1982. DEVELOPMENT SERVICES ITEMS: Savoy Bellavia requested direction from the Commission in regard to the suggested action submitted with Precise Plan of Street Alignments No. 82-3 - to investigate other 60 foot street segments in the City which should be reduced to 54 feet and prepare precise plans to im- plement those reduced widths. ON MOTION BY WINCHELL AND SECOND BY LIVENGOOD STAFF WAS DIRECTED TO PURSUE THE ABOVE ACTION, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Paone, Schumacher ABSTAIN: None -10- 9-21-82 - P.C. 1 11 Minutes, H.B. Planning Commission September 21, 1982 Page 11 COMMISSION ITEMS: Commissioner Livengood requested and the Commission concurred with his request that in future any letters prepared by the staff for the signature of the Commission chairman be presented to the full Commission for review prior to mailing, or at the least to a selected number of individual commissioners. Commissioner Winchell suggested that some type of graphic rep- resentation be prepared to better delineate the difference between an MH overlay and an actual MH rezoning in relation to the mobile home zone change previously processed by the Commis- sion and now under study by the City Council. The meeting adjourned at 10:30 p.m. Marcus Porte , Acti ha'rman :df Florence Webb, Acting Secretary -11- 9-21-82 - P.C.