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HomeMy WebLinkAbout1983-03-15APPROVED ON 4-5-83 r� U MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers 2000 Main Street Huntington Beach, TUESDAY, MARCH 15, 1983 - 7:00 PM - Civic Center California COMMISSIONERS PRESENT: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir COMMISSIONERS ABSENT: None ELECTION OF VICE CHAIRMAN: Secretary Palin accepted nominations for the Vice Chairman. The only nomination was made by Winchell and seconded by Mirjahangir for Tom Livengood. The nominations were closed. Commissioner Tom Livengood was unanimously elected to the office of Vice Chairman to the Planning Commission. CONSENT CALENDAR: The following corrections were made to the February 15, 1983 minutes. Commissioner Winchell asked that a change be made to the discussion on the condominium conversion at the bottom of page 3. Instead of the phrase, "state of disrepair" reword to "deficiencies". Commissioner Livengood asked that, in the discussion of the Downtown Specific Plan, that his comments regarding a suggested market analysis and traffic circulation study be added. Commissioner Erskine stated for the record, to clarify the comment he made during the discussion on the condo con- version, that there were four tenants in attendance at the meeting. ON MOTION BY MIRJAHANGIR AND SECOND BY HIGGINS THE CONSENT CALENDAR CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 15, 1983, WAS APPROVED WITH CORRECTIONS STATED ABOVE-, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None COMMISSION ITEMS: Commissioner Schumacher had a question regarding the new homes being constructed at the end of New Britian Lane; if that area was in the flood plain. Secretary Palin responded that the developer's project was approved before the new regulations were adopted by the City Council H.B. Planning Commission March 15, 1983 Page 2 on February 16.,', Commissioner Livengood requested -that a copy•of-the new flood plain regulations be distributed at the next regular meeting. REGULAR AGENDA: CONDITIONAL USE'PERMIT NO. 82-31/TENTATIVE TRACT NO. 11879 Subdivider: - Norbert Dall, Agent for Master Properties, No. 9, Ltd. Engineer: Dudley H. Clark and Associates (Continued from 2-15-83) A request to convert an existing 286 unit apartment complex to a 245 unit planned residential development, located at -the northwest corner of Warner Avenue and Edwards Street. The public hearing",was opened and closed on-February"-15; 1983,,and was not reopened by the Chairman. Jim Barnes made a'correction to;the"staff'report"on"Page 10,"under Condition #18-c;,'the•following phrase-was'•omitted-•-from,"Line 10,""of median income;_20,percent, or 37:-units,-'shall be offered on -the basis". The applicant, Norbert Dall-, submitted two'�rebuttal-reports, one dated February 28 and the other -dated March""11, sirice'the last Planning Com- mission meeting: - Commission`discussion-ensued regarding Condition #14 on -the conditional use permit pertaining to the difference between the staff's condition on a solar hot water system and the applicant's suggested condition on `the same subject. After brief debate, the Chairman decided -to take a straw vote on each finding and condition if the suggested finding and condition submitted'by staff was not agreeable to the -Commission. Chairman Porter suggested that Condition #6 be revised to add a sentence referring to.retention of mature vegetation. Commissioner Higgins felt that there should be a planting of additional trees for screening pur- poses along the -Warner and Edwards fronts. ON MOTION BY LIVENGOOD AND SECOND -"BY WINCHELL CONDITION #6 ON C.U.P. 82-31 WAS REVISED AS STATED ABOVE,•BY THE FOLLOWING STRAW"VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None' ABSTAIN: None Bill Cooper of the Fire Department suggested minor rewording of Condi- tions #4 and #5 regarding fire lanes and stand pipe systems. ON MOTION BY WINCHELL AND SECOND BY HIGGINS, CONDITIONS #4 AND #5 WERE AMENDED TO REFLECT FIRE DEPARTMENT'S SUGGESTION, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter,- Erskine, -Schumacher, H.B. Planning Commission March 15, 1983 Page 3 Mirjahangir NOES: None ABSENT: None ABSTAIN: None Commissioner Higgins made a suggested change to Condition #7 adding im- proving balconies for units which front Warner and Edwards and that the type of material to be used will be subject to the approval of the Planning Commission rather than subject to departmental approval. ON MOTION TO THAT EFFECT BY HIGGINS AND SECOND BY PORTER, CONDITION #7 WAS REVISED AS SUGGESTED, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: Livengood ABSENT: None ABSTAIN: None Commissioner Higgins further stated that the reason for the above change was that he would like to see what the project is going to look like since that is the basic reason for the granting of the applications. Commission Winchell asked the Public Works Department how many car lengths it would take from an entry gate to the street for stacking purposes. Les Evans stated there needed to be at least four car lengths. Mr. Palin stated that the municipal code requires some type of security system. Chairman Porter asked legal counsel to address this concern and, for the sake of time, the Commission moved on to the next condition for discussion. ON MOTION BY WINCHELL AND SECOND BY HIGGINS CONDITION #13 WAS MODIFIED TO READ "AT THE TIME OF INITIAL SALE" INSTEAD OF STAFF'S WORDING OF "UPON SALE", BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Art Folger returned to discussion on entry gates (Condition #9). He stated that the provisions in the code deal with dead bolt locks and sliding glass doors, etc. Chairman Porter asked for further information. Discussion ensued regarding Condition #14 dealing with a solar hot water system. Mr. Palin stated that staff preferred the wording of "shall" (install), as opposed to the applicant's suggested condition which asks for feasibility considerations with regard to solar assist of an existing central hot water system. Commissioner Erskine questioned the applicant's definition of satisfactory financing of the solar system. Mr. Palin suggested that the condition could be worded to consider the feasibility of the solar assist system per unit, with the cost not to exceed a set dollar amount. Chairman Porter asked Public Works to give an estimate. Commissioner Erskine asked if staff had conducted a structural analysis. H.B. Planning Commission March 15, 1983 Page 4 Mr. Barnes replied that no such analysis had been performed by staff, but further stated that the original concept was first brought up by the applicant for a solar retrofit program. Commissioner Higgins asked the applicant what he estimated the program would cost. Mr. Dall stated that he estimated the cost would be in the neighborhood of about $2,000 per unit which would total to about $500,000. He further stated that the applicant only made the suggestion at the request of Councilman Kelly. Mr. Dall felt it was unreasonable for the Commission to mandate the owner to do this; that the cost would be ultimately added to the sales price. However, he said it is the owner's intention to do it. Further discussion took place between the.applicant and Commissioner Mirjahangir-regarding the centrally located tank as far as the gallon capacity. Mr. Dall stated it would require approximately 100 gallons per unit. Staff"wil-1 have final determination of the feasibility. ON MOTION BY ERSKINE AND SECOND BY LIVENGOOD, THE APPLICANT'S SUGGESTED CONDITION (# 14)--WAS'APPROVED AS MODIFIED, BY THE FOLLOWING STRAW VOTE: AYES: Higgins,•Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Discussion returned to Condition #9. Mr. Fglger stated that the purpose of the provisions for security was to establish minimum construction standards for protection against unlawful entry. Chairman Porter stated that he felt this was "late in the game" to require this condition. He further stated that the discussion would continue on this later. Discussion took place regarding Condition #16 referring to the tenant relocation and moving expense program. The applicant explained that the way the staff report was worded, he may end up with vacant units and may have to pay assistance to tenants who move from the complex for reasons unrelated to the conversion. He said the entire process of conversion may take anywhere from three to five years. He felt that only those tenants who are "caught up in the conversion process" should be described as eligible tenants. Chairman Porter felt that the appli- cant's -suggested condition showed that there is the intent to provide adequate notification. Some discussion took place regarding condominium conversion standard conditions of approval. Mr. Barnes stated that the conditions for approval on the Hess Circle condo -conversion were used as a basis as modified by the Commission. Staff further discussed the ramifications of this condition on the relocation assistance for existing tenants. Discussion ensued regarding rent increases and provisions for those tenants who would be in units that were proposed for demolition and regarding the list of comparable units for rent in the City. ON MOTION BY ERSKINE AND SECOND BY HIGGINS, THE APPLICANT'S CONDITION #16 WAS APPROVED AS MODIFIED ABOVE, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, H.B. Planning Commission March 15, 1983 Page 5 Mirjahangir NOES: None ABSENT: None ABSTAIN: None Commissioner Higgins stated for the record that he -disagrees with the restriction of rent increases. Commissioner Winchell addressed Condition #17. She liked the wording supplied by the applicant with regard to definition of "prospective tenant" and further suggested that the signed copy of the notice to prospective tenants should also be dated. ON MOTION BY WINCHELL AND SECOND BY LIVENGOOD, CONDITION #17 WAS MODI- FIED AS STATED ABOVE,, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Commissioner Schumacher took this time to state for the record, that she and Commissioner Higgins were not present at the February 15th meeting, but had listened to the tape and were eligible to vote on the issue. Chairman Porter skipped Condition #18 and asked if anyone on the Commission had a question -on Conditions #19 or #20. Commissioner Schumacher had this comment on Condition #20. She stated that she was concerned about the number of children presently living in the apartment complex who would possibly be endangered by the proposed demolition and further suggested that "applicant shall provide for lighting, fencing and 24-hour security of all demolition, construction and storage sites". ON MOTION BY SCHUMACHER AND SECOND BY WINCHELL CONDITION #20 WAS MODI- FIED AS STATED ABOVE, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None A MOTION WAS MADE BY ERSKINE AND SECONDED BY HIGGINS TO APPROVE THE APPLICANT'S SUGGESTED CHANGES TO CONDITION #18. Discussion ensued at length regarding the affordable housing issue. Staff's condition provides a formula for pricing the units "calculated at no greater than 33 percent of the gross annual income as adjusted for household size for each of the categories and shall include mortgage, interest, homeowners association fees, taxes and homeowners insurance". Staff also recommended -that 49 units be made available to qualified in- dividuals for a five year period before they would be available to the owner for sale without restriction to price. Commissioner Winchell felt that without the latter provision there would be no qualifications for H.B. Planning Commission March 15, 1983 P 6 age buyers as to their income. The applicant stated it was not his intent create "a loop -hole". He said it -was meant to be clear that people who qualify to purchase the affordable units were persons with low or moderate incomes. His objection was to the length of time (5 years) he would be required to hold the unit vacant. Commissioner Livengood favored a 12- month period for the term of the offer to purchase, in lieu of the 90- day period recommended by the applicant. THE ORIGINAL MOTION MADE BY ERSKINE WAS APPROVED BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Erskine, Porter, Mirjahangir NOES: Livengood, Winchell, Schumacher ABSENT: None ABSTAIN: None ON MOTION BY LIVENGOOD AND SECOND BY PORTER CONDITION #9 WAS MODIFIED TO OMIT THE REQUIRMENT FOR ENTRY GATES AT MAJOR ENTRANCES, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Brief discussion took place regarding the possibility of reducing on- street_parking. Discussion followed regarding provisions for tenants who presently live in those units targeted for demolition. ON MOTION BY ERSKINE AND SECOND`BY`LIVENGOOD CONDITION #16 (g) WAS ADDED TO READ "THE OWNER SHALL INFORM ALL TENANTS PRESENTLY LOCATED IN UNITS WHICH ARE TO BE DEMOLISHED OF THEIR RIGHT TO RELOCATE INTO ANOTHER AVAILABLE USE WITHIN THE PROJECT", BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None A motion was made by Porter to prohibit parking on Warner Avenue. This motion failed for lack of a second. ON MOTION BY PORTER AND SECOND BY LIVENGOOD, PUBLIC WORKS DEPARTMENT WAS DIRECTED TO REVIEW RECOMMENDATION FOR "RED CURB" ALONG WARNER AVENUE IN FRONT OF THE HUNTINGTON WEST COMPLEX, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: Winchell ABSENT: None ABSTAIN: None H.B. Planning Commission March 15, 1983 Page 7 ON MOTION BY WINCHELL AND SECOND BY HIGGINS, ADD "HEAD OF HOUSEHOLD" AS DEFINITION OF TENANT TO FINDING FOR CUP AND TT (#6), BY THE FOL- LOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Discussion took place regarding Condition #1 for the tentative tract relating to notices given to prospective tenants "subsequent to approval of the condominium conversion by the Department of Real Estate that a condominium conversion has been approved for the Huntington West and that no relocation or moving expense reimbursements will be paid to tenants who begin tenancy on or after said date". A MOTION WAS MADE TO THAT EFFECT BY LIVENGOOD AND SECONDED BY ERSKINE TO ADD CONDITION #lg TO CONDITIONS FOR APPROVAL FOR TENTATIVE TRACT 11879, BY THE FOLLOWING STRAW VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Secretary Palin requested that Condition #3 for the tentative tract be changed to reflect the correct date the map was accepted, March 15, 1983. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE, CONDITIONAL USE PERMIT NO. 82-31 WITH A SPECIAL PERMIT AND TENTATIVE TRACT NO. 11879 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: SPECIAL PERMIT: The Planning Commission granted a special permit in the following areas: 1. Density 2. Site coverage 3. Setbacks 4. Building spearations 5. Building bulk 6. Open Space 7. Minimum floor area H.B. Planning Commission March 15, 1983 Page 8 FINDINGS FOR SPECIAL PERMIT: (CUP 82-31) 1. The project contains features which provide good land planning techniques with maximum use of aesthetically pleasing types of architectural, landscaping, site layout and design. The applicant is proposing major improvements to the existing apartment complex as part -of -the proposal for conversion to condominiums. The phy- sical improvements originally proposed by the applicant (e.g., in- creased separations between buildings, addition of 117 balconies, addition of recreational facilities and landscaping, construction of parking structures, resurfacing of building exteriors and in- creased open space) in conjunction with additional improvements required in the suggested conditions of approval (e.g., increased fire protection, noise attenuation, security improvements, new ap- pliances, solar hot water heating; reduction of density, etc.) are benefits which offset code deficiencies identified in the request for special permit. 2. The project will not be detrimental to the health, safety, welfare and convenience of the neighborhood or 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 residential development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT 82-31 AND TERrATIVE TRACT 11879: 1. The proposed' --development complies with the General Plan and with the adoption of the special permit, suggested conditions of approval, and approval of Zone Change No._83-1 by the City Council, the project will comply 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. The project could potentially result in the displacement of renters, therefore, it --is necessary and appropriate that conditions be re- quired to provide for tenant relocation assistance. 3. The property was studied for this intensity of use at the time the high density designation was placed on the subject property in the General Plan'. 4. The proposed development on this subdivision comprising 8.17 acres of land is proposed to be constructed having 29.98 units per gross acre. The proposed zoning to R4_-30 is appropriate for the number of units being proposed. 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 H.B. Planning Commission March 15, 1983 Page 9 and supplementary City subdivision ordinance. 6. Each of the tenants (head of household) of the proposed condominium conversion project has received written notification of intention to convert at least 60 days prior to the filing of the tentative map. 7. Each tenant and each person applying for the rental of a unit will receive all applicable notices and rights required by the Subdivision Map Act. 8. Each tenant will receive written notification that an application for a public report has been sent to the Department of Real Estate and that such report will be available on request. 9. Each tenant will be given written notification within 10 days of approval of a final map for the proposed condominium conversion. 10. Each of the tenants will be given 180 days written notice of inten- tion to convert prior to termination of tenancy. 11. Each of the tenants will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right will run for a period not less than 90 days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 82-31: 1. Approval of Conditional Use Permit No. 82-31 shall be contingent upon approval of Zone Change No. 83-1 by the Huntington Beach City Council. If the City Council does not approve Zone Change No. 83-1, the Plan- ning Commission's conditional approval of Conditional Use Permit No. 82-31 shall become null and void. 2. The site plan, floor plans and elevations received and dated Feb- ruary 4, 1983, shall be the approved layout. The approved development shall include the following specific elements agreed to by the owner: a. 245 condominium units; b. 449 square feet of common open space per unit, c. Construction of 117 new balconies, d. Construction of two -new -parking structures, e. Improvement of the parking structure delineated as P-1 with a landscaped deck for passive recreational use, f. Improvement of the parking structure delineated as P-2 with H.B. Planning Commission March 15, 1983 Page 10 active recerational areas including a sod -covered playing area for children, g. Construction of a new swimming pool, wading pool and spa and, h. Landscaping of areas affected by demolition, alteration and/or reconstruction. 3. The owner shall be responsible for developing covenants, conditions and restrictions for the project pursuant to State regulations. The covenants, conditions and restrictions shall contain a provision that will prohibit storage of boats, trailers and recreational vehicles onsite unless an area which is specifically designated for such stor- age and which is in compliance with provisions of Article 936 of the Ordinance Code is provided for in the project.- 4. All approved drives, as -deemed necessary by the Fire Department, shall be considered required fire lanes and shall be signed as such subject to the approval of the Huntington Beach Fire Department prior to the issuance of building permits. 5. Buildings within the project shall be provided with systems related to fire protection and life safety as deemed necessary by the Huntington Beach Fire Department and all applicable codes. The following specific fire prevention measures shall be incorporated into the development: a. Smoke detectors/fire alarms in each unit and a fire alarm system in all buildings, b. Sheet metal lining of laundry, water heater and trash rooms. C. One -hour fire walls between units, d. Stand pipe systems in Building 15, e. A fire -proof stairway serving the center of Building 15, and f. A sprinkler system in Parking Structure P-1, the existing parking area beneath Building 15, and Parking Structure P-2, if deemed necessary by the Fire Department. 6. A detailed landscape plan which complies with Article 936 of the ordi- nance code shall be submitted to the City and approved by the Depart- ment of Development Services and the Department of Public Works prior to the issuance of building permits. The landscape plan shall provide for the planting of additional trees along the Warner Avenue and Edwards Street frontages. All existing mature vegetation on the site shall be preserved to the greatest extent feasible. The main drive entrance off Edwards Street shall be modified to include landscaping in areas acceptable to the Departments of Development Services and Public Works. Such modifications shall be shown on the approved de- tailed landscape and sprinkler plan. In addition, Parking Structure P-1 shall be designed to protect to the maximum extent feasible, the H.B. Planning Commission March 15, 1983 Page 11 existing mature vegetation on the southerly side of Building 15. 7. The owner shall be responsible for resurfacing the existing "text - coat" siding on the 16 perimeter buildings and improving balconies for units fronting Warner Avenue and Edwards Street such that they are screened when viewed from the public street. The type of material used for resurfacing the buildings and its proposed design, including the method of screening balconies from the public streets, shall be approved by the Planning Commission prior to issuance of building and demolition permits. 8. All converted units shall meet the noise insulation standards contained in Title 25 of the Californai Administrative Code. Evidence of com- pliance shall consist of the submittal of an acoustical analysis re- port prepared under the supervision of a person experienced in the field of acoustical engineering with the application for building per- mits. The acoustical analysis report shall demonstrate compliance with the minimum acceptable standards for the airborne sound isolation of wall and floor ceiling assemblies and the interior community noise equivalent level for each unit. All measures necessary to mitigate noise to acceptable levels shall be incorporated -into the design of the project. 9. The owner shall submit a security improvement plan in compliance with applicable municipal ordinance, which will be subject to the approval of the Department of Development Services prior to the issuance of building permits. The plan shall provide for strengthened doors and door frames, burglar alarms, security locks, wrought iron gates for units fronting Warner Avenue and Edwards Street. 10. The owner shall submit a plan for exterior lighting throughout the project which will be subject to the approval of the Department of Development Services prior to the issuance of building permits. 11. Plumbing and electrical stub -outs necessary for the installation of washers and dryers shall be installed in all units adjacent to Warner Avenue and Edwards Street. 12. Outside storage space shall be provided for each unit pursuant to Section 9863.6 of the Huntington Beach Ordinance Code. 13. The owner shall offer to the buyers of condominium units within the development, a one-year warranty guaranteeing the repair of all ap- pliances within individual condominium units. The owner shall replace all appliances three years in age or older within individual condo- minium units at the time of initial sale. 14. The owner shall implement a solar hot water retrofit program, as jointly developed with the gas utility, unless it is demonstrated to the satisfaction of the Department of Development Services, that: a. The Huntington West structures make such retrofit infeasible, or that H.B. Planning Commission March 15, 1983 Page 12 b. The financing currently provided under State law for such retrofit programs cannot be arranged. 15. Prior to the -sale of the first dwelling unit within the project, the owner shall provide to the Department of Development -Services and to each purchaser, a copy of the State of California Department of Real Estate Form 639 indicating the project's condition. If for any rea- son such form is not required by'the Department of Real Estate, such form shall, nevertheless, be provided to the Department of Development Services and to each purchaser. 16. Following the final approval of the condominium conversion by the De- partment of --Real Estate, the -owner will implement a tenant relocation and moving expense program for tenants who choose not to purchase their units, -as -provided in this --section: a. The owner will make available to each qualified tenant, as defined, at no cost to.the tenant, a current and complete list of comparable _vacant and --available rental,units within a five mile radius of the Huntington West; b. The owner will pay, on the date not less than thirty (30) days before the qualified -tenant is -ordered to vacate the premises, a relocation assistance equivalent to one month's current rent. Such relocation assistance payment shall be to assist the tenant in relocating his -or her -place of residence. c. The owner will reimburse the tenant for actual moving expenses, up to a,maximum.of $500,,except that no such maximum amount will apply for actual moving -expenses within California incurred by elderly, disabled, or handicapped tenants,,as defined. d. "Qualified tenant", as used herein, means those households, or other parties who rent or lease a unit both on the date the ap- plication to convert the Huntington West was approved by the City of Huntington Beach; and on the date on which the owner gave notice to vacate the premises for purposes of converting the af- fected -units to condominiums. i. "Elderly, handicapped, or disabled tenant", as used herein, shall refer to any tenant meeting the definition of Section 50072 of the State Health and Safety Code. ii. Any person, household, or other party who rents or leases a unit after the applicationto convert the Huntington West was approved by the City of Huntington Beach will be given notice thereof and will not be entitled to relocation assis- tance or moving expenses. iii. Any tenant qualified for the benefits set forth herein shall not be entitled to said benefits if said tenant purchases a converted condominium unit. H.B. Planning Commission March 15, 1983 Page 13 iv. Any tenant who has given notice of his or her intention to vacate the premises piror to the date of the mailing of the Notice to Quit, as provided by Government Code Section 66427.1, shall not be entitled to the benefits set forth herein. v. The benefits set forth herein shall inure to all qualified tenants who are not in default of their obligations to pay rent on or after the date of final approval of the conver- sion by the California Department of Real Estate. If the tenant is in default of his or her obligation to pay rent at the time specified, the relocation assistance payment will be reduced by an amount equal to one -thirtieth (1/30) of the monthly rent for each day the tenant remains in pos- session of the premises after the default. For purposes of this program, a tenant will not be considered in default of rent payment during a period for which a tenant has prepaid the required rent. e. In the event a unit is occupied by a subtenant under an agreement with the tenant, the moving expense reimbursement or relocation assistance provided herein will be paid proportionately to both parties, not to exceed the maximum amounts specified in Parts 1 and 2. With respect to the payment of moving expenses, such payment(s) will be made in relation to the actual costs of moving the property of each party. f. From the date of final approval by the City until the sale of the final unit, the rental increases shall not exceed the consumer price index. g. The owner shall inform all tenants presently located in units which are to be demolished, of their right to relocate into another available unit within the project. 17. Tenants who occupy units within the existing apartment complex shall: a. Be provided notification that the owner has received approval from the City to convert the existing complex to condominiums. The property owner shall also provide to the tenant, a list of the conditions of approval. b. Following the date on which the City grants discretionary appro- val of Conditional Use Permit 82-31 and Tentative Tract 11879, the owner of the Huntington West shall provide notice to each prospective tenant that a condominium conversion has been approved for the Huntington West and that no relocation or moving expense reimbursements will be paid to tenants who begin their tenancy on or after said date. The signature of each tenant which term is defined for purposes of this section as "head of household", shall be obtained from each prospective tenant to indicate his or her understanding of the provisions of this condition. A copy of the signed and dated notice shall be transmitted to the Director of H.B. Planning Commission March 15, 1983 Page 14 the Department of Development Services within 30 days of its com- pletion. 18. Seventy-five (75) percent of the 245 condominiums, or 184 units, shall be made available for purchase by persons or families of low or moderate income, as follows: a. For purposes of this condition, the term "person or families of low income" shall be defined as one which earns 80 percent or less of the median income as established by the United States Depart- ment of Housing and Community Development for the standard metro- politan statistical area within which the proposed development is located, as adjusted for the number of members of the household. The term "persons or families of moderate income" is defined as one which earns 80.1 percent to 120 percent of the median income, as established herein. b. The determination that a tenant, as defined, constitutes a person or family of low or moderate income shall be made by the City of Huntington Beach or its designee. In no event shall the owner of the Huntington West be required to make said determination, except that the owner may maintain and annually transmit to -the -City of Huntington Beach or its designee a listing of tenants:-.who;.have expressed an interest in purchasing their unit or a comparable unit. C. The 184 condominiums affected by this condition shall be priced •,for.qualified individuals in equal proportion to,.,corr,espond to the,spectrum of the low/moderate income range, from.,80 percent to 120 percent of median income, as defined. Twenty. (20) percent of the 184 condominiums, or 37 units, shall be offered for pur- . •chase .on the basis. of -80 percent of median -income; •20 percent .or 37 units,,shall_be,offered for purchase on the- basis.of .90•percent of median income; 20.-percent, or 37 units (because,of rounding), shall be offered on the basis of 100 percent of median income; .20 percent or -,37 units, ,-,sha.11 be offered on _the basis of -110 -per- cent of median income; 20 percent, or 37 units, shall be offered on the basis of 120,percent-of median income.,.�The,formula,-for pricing.,shall, be calculated as follows: _- Purchaser's Prevailing _ [Homeowners Assoc.] Sales Income x Lending.Factor [Fees ] Price - � - - _.� • , •• - , • ; , __ , - Real Estate Tax $ + Debt.,Service_ Constant A d. - The-:184 condominiums identified herein.�shall; first• be offered for 'sale to tenants who reside-,:at..Huntington West, ;are not- :in .default on ,their, r6nt or--' lease payments;, and have-,not,,given_ notice, of an intention -,to move -from :the premises. on the date on which. the City of Huntington Beach grants,,discret•ionary .approval.:.to Conditional H.B. Planning Commission March 15, 1983 Page 15 Use Permit No. 82-31 and Tentative Tract No. 11879. The list may identify tenants who have expressed an interest to purchase their unit or a comparable unit. e. The owner shall prepare and maintain a list of tenants who qualify pursuant to Section (d). The list shall be filed with the Director of the Department of Development Services within 30 days of the date of discretionary approval of Conditional Use Permit No. 82-31 and Tentative Tract No. 11879. The list may identify tenants who have expressed an interest to purchase their unit or a comparable unit. f. No later than 10 working days after the Department of Real Estate grants final approval of the condominium conversion, the owner shall, consistent with Government Code Section 66427.1(d), pro- vide notice to all tenants of their respective right to purchase their or a comparable unit. Tenants who qualify pursuant to sub- section (a) shall in addition be notified of their opportunity to purchase their unit, or a comparable unit as available, at prices as provided in subsection (c). The term of the offer to purchase, as provided herein, shall be for 90 days after notice is given, as provided by Government Code Section 66427.2, however, that a prospective purchaser who otherwise qualifies pursuant to this condition may request in writing, a one-time 45-day extension to complete his or her good faith intention to purchase a unit. g. Tenants who express an interest in purchasing their or a comparable unit prior to the date on which the City grants discretionary ap- proval to Conditional Use Permit No. 82-31 and Tentative Tract No. 11879 shall be provided the first opportunity to purchase said unit, pursuant to subsection (c). If all of the available units in one of the categories identified in subsection (c) are commited for sale to tenants, then any tenant who subsequently expresses an interest in purchasing their or a comparable unit shall be provided the first opportunity to purchase a unit in the next higher applicable category. h. Following the close of the period specified in subsection (f), any of the units within the price categories established by sub- section (c), which have not been sold to qualified tenants, will be offered for purchase at the same respective price to the City of Huntington Beach or its designee for a period of 90 days. The City or its designee may, in writing, request the same exten- sion of time as provided in subsection (f), and such request shall not be unreasonably -withheld. If the City or its designee does not purchase said units during said period, then the units shall be available to the owner for sale without restriction as to price. 9. All recreational facilities included in the owner's proposal for site improvements (e.g., passive and active recreational amenities on parking structures, two new swimming pools and new passive recreational areas) shall be installed prior to conveyance of the first unit. 20. H.B. Planning Commission March 15, 1983 Page 16 The applicant shall submit a phasing schedule to the Department of Development Services prior to the issuance of building permits. The phasing schedule shall establish specific time frames for the develop- ment phases described on Page 11 of the applicant's letter dated November 16, 1982. The applicant shall provide for lighting, fencing and 24-hour security of all demolition, construction and storage sites. CONDITIONS OF APPROVAL FOR TENTATIVE TRACT NO. 11879: 1. The owner shall provide certification to the City of Huntington Beach Department of Development Services that all applicable notices and rights required under the Subdivision Map Act have been adhered to; including but not limited to: a. A copy of the -notification of intent to convert sent to tenants 60 days prior to the filing of the tentative map. b. A copy of the notification sent to tenants that an application for a public report has been submitted to the Department of Real Estate. C. A copy of the notification sent to tenants that a final map has been approved. d. A copy of the notice to convert -given to tenants 180 days prior to termination of tenancy. e. A copy of the notification given to tenants informing them of their 90 day exclusive right to purchase period. f. The final Department of Real Estate Public Report. g. Notice to each prospective tenant subsequent to approval of the condominium conversion by the Department of Real Estate that a condominium conversion has been approved for the Huntington West and that no relocation or moving expense reimbursements will be paid to tenants who begin their tenancy on or after said date. 2. Approval of Tentative Tract No. 11879 shall be contingent upon appro- val of Zone Change No. 83-1, by the Huntington Beach City Council. If the City Council does not approve Zone Change No. 83-1, the Plan- ning Commission's conditional approval of Tentative Tract No. 11879 shall become null and void., 3. The tentative tract map received and dated March 15, 1983, shall be the approved layout. 4. The internal layout of the water system in the existing project shall be modified in a manner acceptable to the Department of Public Works. AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None L1 H.B. Planning Commission March 15, 1983 Page 17 ABSTAIN: None CODE AMENDMENT NO. 83-1 (Continued from 2-15-83) Initiated by City of Huntington Beach A request to amend Article 945, C3, General Business District which will bring the parking requirements (Section 9456) into conformance with Article 970, Off-street Parking. The amendment will also establish pro- visions for an in -lieu fee to be paid to the City and/or a Parking Au- thority when off-street parking cannot be accommodated. Commissioner Mirjahangir discussed the types of securities that would be allowed by the proposed code amendment. Mr. Folger stated that there are no security provisions in the Government Code; that what the City uses is in civil procedures. The City Attorney's position is to protect the City; and that securities would be approved or denied on a case -by -case basis. Commissioner Livengood asked for clarification on the ramifications of Planning Commission approval of the proposed amendment and its effect on the Downtown Specific Plan. Mr. Palin stated this would terminate to the Townlot or Downtown Specific Plan. Commissioner Winchell asked what would happen after the eight months had expired. Mr. Folger explained that it could be renewed by the City Council with two possible extensions. Chairman Porter opened the public hearing. Seeing no one was present who wished to address the Commission on this matter, the public hearing was closed. Discussion continued regarding the code amendment. Commissioner Higgins stated he felt it was an interim measure and as such was needless. Com- missioner Mirjahangir asked if this would apply to the existing buildings in the downtown area. Mr. Palin responded that any use under the appli- cation of the ordinance should have to provide for parking in the down- town just like any other uses throughout the community. He further stated that the period of the ordinance would be from the public hearing on the specific plan or zoning of the property and the public hearing of the Coastal Commission to regain the City's permit process which would help to avoid a moratorium in the area. ON MOTION BY LIVENGOOD AND SECOND BY PORTER COMMISSIONERS VOTED AS FOLLOWS ON THE PROPOSED CODE AMENDMENT NO. 83-1, WITH THE MOTION FOR APPROVAL: AYES: Livengood, Porter, Winchell NOES: Higgins, Schumacher, Mirjahangir ABSENT: None ABSTAIN: Erskine Secretary Palin stated he would convey this "split decision" to the City Council. DOWNTOWN SPECIFIC PLAN/ENVIRONMENTAL IMPACT REPORT NO. 82-2/ZONE CHANGE NO. 83-2/CODE AMENDMENT -NO. 83-2 (Continued from 3-1-82 - no meeting) Initiated by City of Huntington Beach H.B. Planning Commission March 15, 1983 Page 18 The Specific Plan constitutes the zoning for that portion of the coastal zone between Goldenwest Street and Beach Boulevard in the City of Huntington Beach. The Specific Plan is bounded on the inland side by Walnut Avenue, Hartford Avenue, Lake Street and Atlanta Avenue. The public hearing was opened and closed by the Chairman. No one was present to address the issue. Commissioner Livengood stated that he felt the Downtown Specific Plan was being rushed and further stated that it should not come before the Planning Commission until June of this year. A MOTION WAS MADE BY LIVENGOOD AND SECONDED BY MIRJAHANGIR TO BRING THE DOWNTOWN SPECIFIC PLAN BACK TO THE PLANNING COMMISSION ON THE JUNE 7, 1983 AGENDA. Discussion ensued on this motion. Chairman Porter suggested that it might be a better idea to table the -hearing on this item so that it could be brought back sooner than June 7th. Commissioner Higgins felt that the marketability of certain types of uses in the downtown and the market feasibility should have been analyzed first before the Specific Plan was established. Commissioners Livengood and Erskine agreed that further study sessions with the consultants would be helpful. Commissioner Schumacher wanted to see redevelopment included in the study session. Commissioner Livengood withdrew his motion to put the Specific Plan on the June 7th agenda. Commissioner Mirjahangir also withdrew his second. A study session was tentatively scheduled for March 22, 1983 at 7:00 PM. CONDITIONAL USE PERMIT NO. 83-1/CONDITIONAL EXCEPTION NO. 83-01 (Con- tinued from 3-1-83) Applicant: Vincent Trunfio A conditional use permit request to permit the establishment of an adult bookstore and movie arcade. A conditional exception request to permit a 189-foot buffer from property zoned for residential use in lieu of the required 200 foot buffer as required by Section 9753 of the ordinance code at property located at the northeast corner of Yorktown Avenue and Beach Boulevard. The Chairman opened the public hearing. Seeing no one (including the applicant) was present to address this issue,'the public hearing was closed. Commissioner Schumacher suggested that the updated information on the March 15th staff report be reflected in the finding for denial on the conditional use permit request, regarding the fact that another adult entertainment enterprise was located within 750 feet of the proposed bookstore/movie arcade. ON MOTION BY SCHUMACHER AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 83-1 AND CONDITIONAL EXCEPTION NO. 83-01 WERE DENIED WITH THE FOL- LOWING FINDINGS, BY THE FOLLOWING VOTE: FINDING FOR DENIAL - CONDITIONAL USE PERMIT NO. 83-1: 1.' The proposed adult bookstore/movie arcade is not compatible with H.B. Planning Commission March 15, 1983 Page 19 surrounding land uses which include residences to the east and west; and another adult entertainment enterprise located to the southwest within 750 feet of the subject property. If the proposed adult book- store/movie arcade is permitted to be established within the existing building, a conflict will arise between the proposed use and Sec- tions 9753(a) and 9753(c) of the Huntington Beach Ordinance Code in relationship to setbacks. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO. 83-01: 1. There are no exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved or to the in- tended use of same that do not apply generally to other properties within the same zoning district. The proposed adult bookstore/movie arcade does not comply with Section 9753(a) of the Huntington Beach Ordinance Code which requires a 200 foot buffer between the proposed use and property zoned for residential use. 2. The granting of Conditional Exception No. 83-01 will be materially detrimental to the public health, safety and welfare and injurious to the conforming land, property or improvements in the neighborhood of the property for which such conditional exception is sought. The proposed adult bookstore and movie arcade is not compatible with sur- rounding land uses which include existing residences located to the east and west of the subject property. . AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-4 Applicant: Coffee Mill, Incorporated A request to permit the expansion of an existing coffee shop by an area of 265 square feet into an adjoining gift shop on property located on the north side of Center Drive, approximately 2,000 feet south of the San Diego Freeway. The public hearing was opened. David Roferd spoke in favor of granting the proposed application. He stated that the proposed modification would be totally "invisible" from -the outside of Old World Village. The public hearing was closed. Discussion took place regarding the application presently before the Commission and the original approval of the existing coffee shop. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE CONDITIONAL USE PERMIT NO. 83-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: H.B. Planning Commission March 15, 1983 Page 20 FINDINGS FOR APPROVAL: The Planning Commission may approve a conditional use permit if it finds "the plan will substantially comply -with the requirements of this article, the master plan of land use and the development standards for this par- ticular use (9841.-5)." 1. The proposed use is consistent with the land use element -of the General Plan which designates the site as mixed development. 2. The proposed use will not adversely impact existing and surrounding land uses in the general area. 3. The proposed expansion will not be detrimental to the general health, welfare and -safety -of the neighborhood or the City. CONDITIONS OF APPROVAL: 1. The site plan - dated February 7, 1983 and the floor plan dated February 14,.1983,- shall be the approved layout. 2. Prior to issuance of building permits,.the applicant shall file a parcel map in order to consolidate -Lots 37 and 38 of Tract 9119. The map shall be recorded with the County of Orange and filed with the Department of Development Services. 3. The applicant shall submit to the Department of Development Services an amended condominium map, which shall be recorded with the Depart- ment of Real Estate. The revised condominium map shall reflect the consolidation of Lot 37 (Suite 37) and Lot 38 (Suite 38) into one airspace condominium unit. AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-5 Applicant: Parkside Associates, a General Partnership A request to permit the construction of a 59,000 square foot industrial complex and to establish said complex as a mixed use development on 4+ acres of property located at the northeast corner of Talbert Avenue and Gothard Street. The public hearing was opened. Robert Smith, representing the applicant, stated he would answer any questions the Commissioners might have. The public hearing was closed. Commissioners had some concern regarding access, the architectural treat- ment on Gothard, the basic'design, the landscaping, the sign program and parking. The applicant stated he would be agreeable to a continuance to 1 P, H.B. Planning Commission March 15, 1983 Page 21 the next regular meeting and return with a detailed landscape plan and sign program. ON MOTION BY SCHUMACHER AND SECOND BY WINCHELL CONDITIONAL USE PERMIT NO. 83-5 WAS CONTINUED TO THE MEETING OF APRIL 5, 1983, WITH CONCURRENCE OF APPLICANT, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Mirjahangir NOES: None ABSENT: None ABSTAIN: None DEVELOPMENT SERVICES ITEMS: Winchell, Porter, Erskine, Schumacher, Mr. Bellavia informed the Commissioners of a Subdivision Committee meeting to be held on March 21, 1983, at 8:30 A.M. He also asked if any of the Commissioners would be available to take a tour of the La Hopa project, sponsored by the Huntington Beach Company. The project is similar in nature to the proposed "Ranch" project. There was no consensus on a date for this tour. PLANNING COMMISSION ITEMS: Chairman Porter entertained a motion to approve a resolution commending Tim Paone for his service to the Planning Commission: ON MOTION BY WINCHELL AND SECOND BY ERSKINE, RESOLUTION NO. 1302 WAS APPROVED BY THE PLANNING COMMISSION COMMENDING MR. TIM PAONE FOR HIS SERVICE TO THE PLANNING COMMISSION AS MEMBER AND CHAIRMAN, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Chairman Porter submitted a letter from Dr. Camper, Huntington Beach School District which addressed the proposed Downtown Specific Plan. Commissioner Winchell indicated that if the condominium conversion pro- ject is appealed, that the reasons for the approval, as well as the findings should be transmitted to the City Council. Commissioner Livengood gave a brief run-down of the conference he and Commissioners Winchell and Mirjahangir attended in Monterey, sponsored by the League of California Cities. He distributed a written report to the rest of the Commissioners. ADJOURNMENT: Chairman Porter adjourned the Planning Commission meeting at 11:30 P.M. H.B. Planning Commission March 15, 1983 Page 22 to a study session with the Downtown consultants on March 22, 1983, at 7:00 P.M. Marcus Porter, Chair 1