HomeMy WebLinkAbout1983-02-01 (6)APPROVED ON 2-15-83
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, FEBRUARY 1, 1983 - 7:00 PM
COMMISSIONERS PRESENT:
CONSENT CALENDAR:
Council Chambers
2000 Main Street
Huntington Beach,
- Civic Center
California
Higgins, Livengood, Winchell, Paone, Porter,
Schumacher, Mirjahangir
Commissioner Mirjahangir made a correction on the January 18th minutes.
He abstained from voting on the approval of the January 4, 1983 minutes.
Savoy Bellavia pulled Item A-2, Specific Plan for Garfield/Goldenwest,
off of the agenda.
ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS, THE CONSENT CALENDAR,
CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 18, 1983,
AND AN EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT NO. 10557, WAS
APPROVED BY THE FOLLOWING VOTE:
AYES: Higgins, Livengood,
Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: None
COMMISSION ITEMS:
Winchell, Paone, Porter, Schumacher,
Commissioners Porter and Higgins expressed their appreciation and the
Commission's appreciation for Chairman Tim Paone's service. Mr. Paone
stated that he also enjoyed his term with the Planning Commission.
REGULAR AGENDA ITEMS:
CONDITIONAL USE PERMIT NO. 82-29/TENTATIVE TRACT NO. 11883
(Continued from 1-18-83)
Subdivider: Hess Circle Limited; Surveyor: Donald F. Simons
A request to convert an existing 16-unit apartment complex to a 16-unit
planned residential development, on property located at 2202 Hess Circle,
north of Utica Avenue, between Delaware and Florida Streets.
Jim Barnes asked that the applicant make a statement regarding the're-
creation room. The applicant stated for the record that the recreation
room would remain as such. Mr. Barnes distributed two additional sug-
gested findings for approval.
H.B. Planning Commission
February 1, 1983
Page 2
Commissioner Higgins asked if the noise attenuation and/or energy con-
servation issue was addressed by staff. Mr. Barnes stated that attached
to the staff report was a noise analysis conducted by an engineering
firm which reported that, because the same standards in effect when
the units were constructed have not changed, the project does comply.
Commissioner Mirjahangir asked about covered parking areas. Mr. Barnes
replied that the garage areas would remain as they are now.
Mr. Bellavia added that Condition #6 would be reworded to include "that
complies with Article 936 of the ordinance code".
The chairman reopened the public hearing. Ronald Jessner, representing
the applicant, complimenting the staff on their report, stated he would
answer any questions the Commissioners had. He felt that Condition #10
dealing with the tenant assistance plan, should have some restrictions
attached that would protect the property owner. Richard Ozar of Hess
Circle Limited, also supported approval of the applications. The
public hearing was closed.
Considerable discussion took place between staff, legal counsel and
the Commissioners regarding the point brought up by the applicant re-
lating to possible abuse on either side of the tenant assistance program.
While there might be some tenants who could not afford or did not wish
to buy the units, that need protection; there could also be those peopl
who would move in only to "collect" the assistance. Discussion also
took place on the substandard balconies, returning cleaning fees and
the list of available rental units in the City.
A MOTION WAS MADE BY LIVENGOOD AND SECONDED BY PORTER TO APPROVE CON-
DITIONAL USE PERMIT 82-29 AND TENTATIVE TRACT 11883 WITH THE FINDINGS
AND CONDITIONS AS OUTLINED IN THE STAFF REPORT, PLUS THE ADDED FINDINGS
AND MODIFIED CONDITION (#6) AS OUTLINED BY STAFF, PLUS CONDITION #10
MODIFIED BY THE COMMISSION TO REFLECT PROPER WORDING FOR THE 90-DAY
NOTIFICATION PERIOD, ELIMINATING 10-C, ADDING LIST OF AVAILABLE RENTAL
UNITS.
Commissioner Porter suggested revising Condition #11 with the intent
of providing any potential interim tenants with the information that
the owner has received approval from the City to convert the units
to condominiums. Chairman Paone felt that these potential tenants
should further be informed that they would not be eligible to receive
any tenant assistance if and when they have to leave, if they do not
wish to purchase the unit. He asked the applicant if the present
tenants have already been informed of the intended conversion. The
applicant stated that they have been informed and he found that many
of the present tenants are interested in purchasing the units.
A MOTION TO AMEND THE ORIGINAL MOTION WAS MADE BY PAONE AND SECONDED
BY PORTER TO INCLUDE THE SUGGESTED CHANGE TO CONDITION #11, THAT TENANT
WHO OCCUPY THE UNITS AFTER THE DATE OF FINAL APPROVAL BY THE CITY . SHALL BE
NOTIFIED THAT THEY WILL NOT BE ELIGIBLE FOR THE TENANT ASSISTANCE PRO-
H.B. Planning Commission
February 1, 1983
Page 3
GRAM; AND THE APPLICANT SHALL OBTAIN A SIGNED COPY FROM THE TENANT TO
THAT EFFECT AND MAKE IT AVAILABLE TO THE CITY. THE MOTION TO AMEND
THE ORIGINAL MOTION PASSED BY THE FOLLOWING VOTE:
AYES: Higgins, Livengood, Winchell, Paone, Porter, Schumacher,
Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: None
THE ORIGINAL MOTION MADE BY LIVENGOOD AND SECONDED BY PORTER TO APPROVE
CONDITIONAL USE PERMIT NO. 82-29 AND TENTATIVE TRACT NO. 11883 WITH
THE MODIFIED FINDINGS AND CONDITIONS AS STATED ABOVE, AND AS LISTED
BELOW, WAS APPROVED BY THE FOLLOWING VOTE:
FINDINGS FOR THE SPECIAL PERMIT - CONDITIONAL USE PERMIT NO. 82-29:
1. The project contains features which provide good land planning
techniques with maximum use of aesthetically pleasing types of
architecture, landscaping, site layout and design.
2. The project will not be detrimental to the health, safety, welfare
and convenience of the neighborhood or of the City in general, nor
detrimental or injurious to the value of property or improvements
in the neighborhood or the City in general.
3. The project is consistent with objectives of planned unit develop-
ment standards in achieving a development adapted to the terrain
and compatible with the surrounding environment.
FINDINGS - CONDITIONAL USE PERMIT NO. 82-29:
1. The proposed development substantially complies with the General
Plan and with Division 9 of the Huntington Beach Ordinance Code.
2. The General Plan has set forth provisions for this type of land use
as -well as objectives for implementation of this type of housing.
3. The property was previously studied for this intensity of use at
the time the R2 zoning designation was placed on the subject
property.
4. The proposed subdivision of this 1.3 acre parcel of land zoned R2
is proposed to be constructed having 14+ units per gross acre.
5. 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 Subdivision Map Act
and supplementary City subdivision ordinance.
H.B. Planning Commission
February.l, 1983
Page 4
6. The project is less than five years in age and in substantial com-
pliance with;rAxticle.;.936; -.o£j the,;.,Ordj_nance._LCo,4q --; The project is in
compliance with all present applicable standards for noise attenua-
tion and energy conservation.
7. The project comprises less than oneTtenth.,pf;,onetpercent of the
total number of rental units in the,;City. pf, Huntington;Beach; there-
fore, approval of the project will not significantly reduce the
number of rental units within the City.
CONDITIONS OF APPROVAL:
' .�; �.:.�':.V `,I ✓ uK1�.`-'. ate., id �l . :l ii� !i �,•` :? r• n� '-� �. �' _
__
1._'The site plae, floor :plansL...2dnd-yel`evati'ons; :_dated January 6, 1983,
shall be the approved layout, subject to the following modifications:
a. T�Par}cng Space No. 39 as shown on the plan, shall be eliminated.
a correction J;. t�!c• L_''anua v _ - 1t i
- b :: �. -,A -parallel sparking s,spAce i3*#a'l�l•i,be Gadded- im, place ':q f �.thhe: planter
area at the north end of Building A.
T'r.i :1;•:.:
c,: The•.row;3c+£ open parking spaces immediately adjacent to the
existing tennis court shall be restriped in accordance with
? :-the' �cc5mp3aEt�f l.u� Car-`s•taYida ds t'iii tArt c3 979: df.,,`tho�';Ordinance' Code
�NX1" TS `,TTE +j7��A,' I'-
1:LU,
2; ,The �:cbvsharits ��r'conds'tiori$ j 7td :Fr s :io �ir3n' ' shall' contcliri ,a, ;provisio
'--'that wr1lip rdhibi- Es:toragle.;of boats, trailers and recreational ve-
hicles onsite unless an area which is specifically designated for
:---such storage:~and. iwhicki,::is ili i.cvmpli,aftce`i�with cprovisions,::of-,' Article
936 of :,the tZrdiaiance Code is provided for the project.
3;_'�_The design and materials of all new or reconstructed perimeter walls
shall bersubject to the approval of the Department of Development
Services prior to the issuance of building permits.
4-," All approved drives shall be considered required fire lanes and
)._ : shall - be _ssigned._as .:such ,stibject .tor ,the a.pproval:: o-f cthe .:_Hunti.ngton
Beach rYire;.Depaftment pri:ori:to -the issuance.(_.df building permits.
;�:�'.= SL i?�_.'O ('t C„CtC. :i_.- t `i:l:i 4'i'i� 4.'; _;
5. The subject building shall be provided with systems related to
.-fire._grot0ctionr:and life safety as deemed necessary by the Hunting-
ton Beach Fire Department and all applicable codes.
6-.,.Aidetailed�landacape plan which complies with Article 936 of the
Ordinance ('Code,-zshall ! be + submitted. -:to rthe r:._C_ �i:ty.;_;and approved by
the Department of Development Services and the Department of Pub-
. -,Works cprior Lto,",the ] issuance --of i building., :permits <
?iiC C: 1 s 6.,,n,-i it L4eV_ I
7. _The ,'design and n1o'cation .of &1.1:-.entry _gates; shall -.,be•:reviewed and
approved by the Department of Development Services and the Fire
Department.-,prior,toz-the.,issuance of;-bui;lding._permits r
8. Exterior , :and ,).interior.. improvements to -.the' proj ect' shal'1 , be ,-carried
H.B. Planning Commission
February 1, 1983
Page 5
out in accordance with the applicant's plan for property renovation
delineated in the letter submitted by the applicant to the City of
Huntington Beach dated January 23, 1983.
9. Tenants occupying units within the existing apartment complex on
the date of approval of these applications who wish to purchase
the unit within the development shall be given a minimum 10o dis-
count from the sales price. This offer shall be in effect for the
first 30 days of the mandatory 90-day Exclusive Right of Purchase
to the tenants.
10.- Tenants who occupy units within the existing apartment complex on
the date of approval of these applications and for six months
thereafter, or for those tenants who occupy the units at the time
.the 90-day mandatory notifications (Exclusive Right of Purchase)
are given, whichever comes first, and who will be relocating, shall
be offered the following assistance from the applicant:
a. The tenant shall be paid a sum by the applicant equal to his/
her last month's rent.
b. The tenant shall,be reimbursed by the applicant for moving ex-
penses, a sum not -to exceed $500.
C. The applicant shall be provided with a current updated list
identifying all of the rental units in the general area.
11. Tenants who occupy.-units.within the existing apartment complex
shall be provided'.notification that the owner has received
approval from the•_City.to convert the existing complex to condo -
miniums. The property owner shall also provide to the tenant, a
list of the conditions of approval along with the proposed unit im-
provement list as: -submitted to the Planning Commission. Interim
tenants will not qualify -for the tenant assistance program. The
applicant shall provide=a signed copy by the tenant, of these items
and shall make this. -signed copy available to the City of Huntington
Beach.
FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 11883:
1. The proposed development --.substantially complies with the General
Plan and with Division 9 of the Huntington Beach Ordinance Code.
2. The General Plan has set forth provisions for this type of land
use as well as objectives for implementation of this type of
housing.
3. The property was previously studied for this intensity of use at
the time the R2 zoning 4esignation was placed on the subject pro-
perty. �.
4. The proposed subdi.vision:of this 1.3 acre.parcel of land zoned R2
is proposed to be:Constructed having 14+ units per gross acre..
Planning -Commission'
February 1-,` 19'83'
Page- 6'
5'.' The- lot':siz'e" -depth-, :frontage; street width -and;,*through the use
--6f' � a' : special 'permit, 'all other, design and' implementation' features
o'f''-the,,'pr6pbsed: subdivision i are,: proposed �.to, -be constructed in com-
pliance with standard plans and specifications on file with the
:City, as�well- ,as--', in*
-,compliance':wi.th th&-State).Subdivision, Map Act
and supplementary -City subdivision ordinance.
6:= The project is less than five years in age and in substantial com-
1511eAnc6r.wi-th Article 936 of the Ordinance Code. The project is in
compliance with all present applicable standards for noise attenua-
t'idn,:.arid, energy- cbnservat!6rY. -l_„;
117
1
7. The' T-prd`Ject'com iiises less•?than�:one.=t-enth:,.of. -one:,Percent of --the
totaLFnui 13&:&"�,'df, rental units ,,. ; ,,;the'1�City of Huntington Beach; there-
fore, approval of the project will not significantly reduce the
number'" of ':�entdLCunits wifiiin the i City.:: '
CONDITIONS -OF C-APPROVAL:: _-. t
-
1. The''--tent&-tine tract umap::received'-and;_.dat_ed October 28, 1982, shall
be the approved layout.
AYES: ;:= Higgins.reLiwengood; '_Wihcheel1- Paone, -P.ortery Schumacher,
Mi:rj ihangir. j , c„ - t t? L -� u<_ _ C
NOES:,- r1--
ABSENT: None
ABSTAIN:. ' N6ne _v.'_
i"
TENTATIVE TRACT":NO.�-,11879%CONDITIONAL,)USE; PERMIT.• NO. 82-31
Subdivider: Master Properties No. 9, Ltd.; Engineer: Dudley Clark
A request to permit the conversion of an existing 286-unit apartment
complex toLa-245-unit planned.residehtiala�development-on property lo-
cated -'at the nbtthwest,- corner ;of' -Warner• ;..Avenue ands Edward&:; Street.
Staff, upon the advise of the City Attorney's office, has advised the
applicant( -that .Section-,167915 ofrthepGovernment_Code-.pertaining to,-,den-
sity=bonuses forbhousing developmentsriwith)low= and;moderate-income
units does not apply to condominium conversion projects. The proposed
245-unit:'condomimium project-exceeds:the�allQwable,density in the R3
district;y-therefore,,,.the,-.applicant;:has requested -;a -,continuance -and
will'be:-filing a zone change application to rezone the property to R4
(High Density Residential).
The chairman opened`--)the--publicthearing-:c; Seeing; there. -was ,no one -wish-
ing to address the Commission, the public hearing was closed.
ON MOTIONBY=`LIVENGOOD-�AND'; SECOND- BY-PORTER,TENTATIVE ,TRACT,-,NO,.,;11879
AND CONDITIONAL"' USE PERMIT NO.:'- 82.-31 WERE-- CONTINUED TO. , THE MEETING OF
FEBRUARY.'15,'''1983`;t AT THE;REQUEST OF:THE,APPLICANT;,'BY THE.FOLLOWING VOTE:
-
' 1 : - "
AYES:° Higgin's,,, L-ivengood;•-.,Winche'11, Paone-; Porter, Schumacher,
Mirjahangir
1
H.B. Planning Commission
February 1,.1983
Page 7
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT NO. 83-3
Applicant: Broadmoor Huntington Harbour c/o Management Service Company
A request to permit the conversion of private open space (balconies) to
habitable.floor area, which will include removal of existing exterior
walls and enclosing the balconies at property located at the northwest
corner of Pacific Coast Highway and Admiralty Way.
Savoy Bellavia gave a slide presentation. Commissioners had some ques-
tions regarding the types of enclosures that would be allowed. Mr.
Bellavia stated that an enclosure would be allowed as long as it did
not alter the floor area. Commissioners also asked for clarification
on the minimum square feet of the balcony area.
The public hearing was opened. Gladys Lane, Bryant Ellis and Lou Arnold
addressed the Commission on this item, asking for an approval of the
application. The consensus of those that testified was that the associa-
tion at the condominium project has its own architectural committee that
screens the plans that come before it for enclosure. One comment was
made that most of the plans asked for glass enclosures rather than a
solid wall. Commissioner Porter asked how many potential requests for
enclosure could come from the development. Ms. Lane stated that there
were potentially 60 or 70 units that could qualify for enclosures.
The public hearing was closed.
Chairman Paone voiced a concern about the uniformity of the plans. Com-
missioner Schumacher stated that since the association has a committee
of its own to review these plans, that they should be allowed to make as
many improvements to their homes as they wished. Mr. Folger took this
opportunity to state that the public should be informed that any changes
will require building permits from the City. Commissioner Higgins sug-
gested that only those balconies with roofs and walls be allowed to en-
close with framed glass windows. There was some discussion on private
open space. Commissioner. Schumacher stated that if the condition contained
a restriction that units having more than 120 square feet of balcony area
will be the only units that can be enclosed, she would be opposed to the motion.
ON MOTION BY HIGGINS AND SECOND BY MIRJAHANGIR CONDITIONAL USE PERMIT
NO. 83-3 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY
THE FOLLOWING VOTE:
FINDINGS FOR APPROVAL:
1. The proposal to allow the enclosure of balcony areas will not alter
the approved site plan or tentative tract, nor will it require a
modification of the recorded condominium map.
2. The proposed expansion of these units will not create an additional
I -� . I �' . I , - , I 1 17 -, - . � '.Z '. - - "
H".-B- Pl'&n-ni-ng Commi-s'sion
ebiii4i� 1,, 1983
83
Pa " 6 8
iopa1-_.,,rqcrea'tionaJ-, r�ez- ;therefore, will
'dema4d-,,f,Qr parkimgj�ortadd:-Lt, -a
,be- -in,- co plji�ance with-, Art,-i,c_-Je,, 9_.6, and-; the City I s General Plan.
CONDI.T.,I,QNS--,OF-_�,A,P.,P,RQ,V,AL:.,
o V; s IL
1. -Any,balcony within- i h1s--'p,3 P_qj6ct,.,shall
14pp_rQv!a3=,fQr Condi-
ti.Qnal- Use,-,,,P.
,:
�l
_v,t-.6,67 5!-.gndsha I com-
- - I
the provisions set forth in the Huiltington Beach
Ordinance Code and Municipal Code. A building permit shall be ob-
'ta-ined,; fx-..ojn _tbee -lop n t- y
_1,P pA 5ery, n
alterations =- any,
--erc,aftc-2, or `:'Dr t'ena
T
2. Only) -those it1rt1ts1baving,-:-ag---cg
pxima:r-.V:, bal-
cony:
- .,shAll, be,
-The;,enQ-1�,osed�-,,]�talcQ.nies'--,:s-ha-],rT!..be those
balconies which are presently roofed and are constructed with side
walls-.- be,.compri-,sed and,,,anodized
alurainumi fxame-s-i whi.ch, -care. similar to what is presently existing in
the unit.
AYES:
,.,.,-,Iii.ggias,,i;iZrivengood,.L,:W-i,,nphel-1,,i,-,Paone,
Porter,
Mirjahangir
NOES:
Schumacher
ABSENT:
ABSTAIN:
,,',Nono-%,.'_r'.;','
ITEMS ,NOT. ,FOR 1(PUBrI4-I.Q-..,HEARIN_Q:,,.,'L t,h i:i
Reque,st,-,to, Approve�Miptal,-,Sided-,Build,ing-,.in-.,the, M17A District,
The, pror,4.r.'_*'- shal.l '11:7(-)
The applioant-,e Huptjpgton; Beach, -Copp _4L_py,_,.1,X,,equpsted- to .construct a: metal
building--.,ork-.a sitp J.Qcat�d.Lp472cthe-,wp:st - 43id P:,0f-,,Huntingt
- - On-, Street-, -- ap-
pro ately 600i f�eet, -_sou�hc of -,-,C,. ayi-,A-
x1m �l venqe,,it S.t.af_,f -',rec ommended-t that, the
Planningj,Commi, -,Q 1�u-klding
. - 5,s ' on ,approve the-Ipx. posi��d,,me.t-ail�,,ancl�;stuc'co - -
for materials ande calor ss.and;� (f ox.w,,ard,-,,thi!s,-,-,e-pprovall, to Zthe Board -,of--.
Zoning.,Adjustments for its review of the proposed project. Pictures
were passed around to the Commissioners and will become part of the
V T" T'_"
ON MOTION--BYc, SCHUMACHER.-, AND- SECOND tEY.],LIVTNG0_OD'1_ THE REQUEST -FOR THE
METAL -SIDED? BUILDING , WAS:-,,APPR0,VED`,,-J3Y! j THE- FOI,-L6WING-..VOTE-:
AYES:!,._- ,,:,.Higgins-,c..,Li-v.engood,,-;!,Wirichel-1,i,,Paone,,_,Port'er:i Schumacher,
JZ-1 Mix i ahan
NOES:4- -,,None
ABSENT: None
ABSTAIN:,- - No'ne
1- 2'
DISCUSSION ITEMS:
Study Session --.-to Conskder-the:,Downtown. Speci;fic.-.Plan
Acting Secretary Glen Godfrey requested that the meeting be adjourned
H.B. Planning Commission
February 1, 1983
Page 9
toa study session to consider the draft Downtown Specific Plan. The
study session will begin at 6:00 P.M., just prior to the start of the
next regular meeting on February 15, 1983. _
DEVELOPMENT SERVICES ITEMS:
Land Use Element Amendments - 1983
Four areas of concern on Land Use Element Amendment 82-1 were carried
over by the City Council into 1983. Staff has set March 31 and July 31
as the final dates to accept applications for these amendments. The
Planning Commission can expect to hear the amendments in June for the
first one and in October for the second.
PLANNING COMMISSION ITEMS:
Commissioner Porter asked staff to come up with some standard conditions
on condominium conversions. Staff responded that work has already begun
on these conditions. He also commented on the January 19, 1983 BZA
minutes with regard to Use Permit No. 82-30 which deals with a redesign
of an existing fast food restaurant relating to "parking vs. landscaping".
Commissioner Livengood made several inquiries regarding the Downtown
Committee. He felt that their input was very necessary to the develop-
ment of the Downtown Specific Plan. He also asked about the selection
of Commissioners to attend the League of Cities' Planning Commission
Institute. Commissioners Winchell, Livengood and Mirjahangir will be
attending.
ITEMS DISTRIBUTED:
The draft Downtown Specific Plan was distributed to the Planning Com-
missioners. There was no action necessary.
ADJOURNMENT:
Chairman Paone adjourned the meeting at 8:55 P.M. to a 6:00 P.M. Study
Session on February 15, 1983.
Tim Paone, Chairman