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HomeMy WebLinkAbout1983-04-05APPROVED ON 4-19-83 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 5, 1983 - 7:00 PM COMMISSIONERS PRESENT: CONSENT CALENDAR: Council Chambers 2000 Main Street Huntington Beach, - Civic Center California Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir Commissioner Mirjahangir stated he would be abstaining from Item A-2 on the consent calendar, a request for an extension of time. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER THE CONSENT CALENDAR CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF MARCH 15, 1983, AND A REQUEST TO GRANT AN EXTENSION OF TIME FOR CONDITIONAL USE PER- MIT NO. 80-20 AND TENTATIVE TRACT NO. 11140 WAS APPROVED BY THE FOLLOWING VOTE: -AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir (Item A-1 only) NOES: None ABSENT: None ABSTAIN: Mirjahangir (Item A-2 only) COMMISSION ITEM: Commissioner Erskine requested staff to investigate a possible situa�jon where employees at General Telephone are being required to pay for parking. Secretary Palin stated he would report back on this request, REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 83-5 (Continued from 3-15-83) 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 property located at the northeast corner of Talbert Avenue and Gothard Street. ' Mr. Bellavia stated that the applicant submitted the requested revised site plan and elevations that the Planning Commission asked for at ��q last meeting. `; H.B. Planning Commission April 5, 1983 Page 2 The Chairman reopened the public hearing. Speaking for the applicant, Robert Smith stated he agreed with the findings and conditions as listed in the staff report and further requested approval. The public hearing was closed. - ON MOTION BY-SCHUMACHER AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 83-5 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed plan for development as submitted, and the future use of the subject site is consistent with the land use designation of the City's General Plan as general industrial. 2. The proposed project as submitted is in substantial compliance with the applicable provisions and requirements of the Huntington Beach Ordinance Code in relationship to Article 953, Light Manu- facturing and Article 979, Off -Street Parking. 3. Through the use of proper site design, building orientation, de- sign and landscape design, the proposed project will be compatible with surrounding land uses. CONDITIONS OF APPROVAL: 1. The site plan and schematic elevations submitted on March 30, 1983, shall be the approved site plan and elevations. The details de- picted on the renderings displayed at the March 15, 1983 meeting, which include colored awnings over the store -fronts, stamped and colored concrete at the entrances, the colors depicted on the building and the color accent trim shall all be included as part of the final architectural design. 2. Prior to the issuance of a building permit, the applicant shall submit to the staff for review and approval, a detailed landscape plan in compliance with Article 979 and all other applicable City standards. 3. Prior to the issuance of a building permit, the applicant shall submit to the staff for review and approval, a more detailed sign program which depicts sign size, location, style and colors. 4. All buildings and approved roadways within the proposed project shall comply with the minimum standards set forth by the Huntington Beach Fire Department which include, but are not limited to, emer- gency accessways, fire sprinklers, stand pipes and hydrant systems and fire alarm systems. 5. Drainage for the proposed project shall be approved by the Depart- ment of Public Works prior to the issuance of a building permit for the first building in the first phase. This drainage system shall be designed to provide for erosion and siltation control, �1 [1 H.B. Planning Commission April 5, 1983 Page 3 both during and after construction of the proposed project. 6. The water system shall be through the City of Huntington Beach water system. 7. The sewer, water and fire hydrant shall be designed to City standards. 8. The property shall participate in local drainage easement district requirements and fees. 9. Energy efficient lighting, such as high pressure sodium vapor lamps, shall be used in all parking lots, parking structures and exterior landscaping and shall be designed to prevent spillage onto adjacent areas. 10. All building spoils such as unused lumber, wire, pipe and other surplus or unusable materials shall be disposed of at an offsite facility equipped to handle them. 11. A detailed soil analysis shall be prepared by a registered soil engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, re- taining walls, streets and utilities. All structures and landscap- ing shall be designed to incorporate water conservation measures. These measures include low flush toilets, low volume shower heads, faucet flow controls and drought resistant plants within the land- scaping. 12. Any outside storage shall be screened by the use of a slatted fence, wall or a combination of both and shall comply with Section 9533.2.1 of the Huntington Beach Ordinance Code. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-6 Applicant: W & B Builders, Incorporation and Seaside Village Towne Homes Association A revision to a previously approved conditional use permit (CUP 76-26) to permit the addition of security gates and wrought iron fencing at property located at the southwest corner of Atlanta. Avenue and Beach Boulevard. A handout was distributed to the Commissioners regarding maintenance of exterior landscaping for the HUD units. Art Folger stated that although the Government Code does not require the City to notify the H.B. Planning Commission April 5, 1983 Page 4 tenants in the HUD rentals, the courts may declare the Commission's decision void because the tenants were not notified. Commissioner Schumacher inquired about the staff report with regard to the location of the emergency gate and the impulse gate proposed. She wondered if the location stated on the staff report were reversed. Mr. Palin stated that they were not, that the emergency gate would be located on Mainmast Circle and the impulse gate located on Poolside Lane. Some discussion took place regarding the time frame for the HUD units (20 years), requirements of the Map Act regarding the filing of a condominium map, requirements of the Coastal Commission regarding af- fordable housing, and the possibility of reducing open space. At this point, Chairman Porter passed the chair to Commissioner Livengood who resumed the hearing. Vice Chairman Livengood opened the public hearing. Enrique Gonzales voiced her opinion to grant the request. Nancy Schlachter, represent- ing the homeowner's association gave a presentation on the proposal. She stated that the rental units were designed for children, but that the market rate units were adult -oriented. Commissioner Erskine asked the applicant if she notified the tenants living.in the HUD units of the public hearing. She stated "no" she did not. Commissioner Schumacher asked her to clarify if the location of the emergency gate and the im- pulse gate were delineated correctly in the staff report. She stated "yes" that was correct, the reason dealing with a potential stacking problem if the gates were reversed. Bill Cooper added that the gate on Mainmast already has bases and foundations necessary for installatio and that, further, the fire trucks would have a more difficult time making the turns at the Poolside location. Frank Thompson, president of W & B Builders (.and representingthe developers of Surfside Villas) further elaborated on the necessity of the location of the gates. He added another reason for the location "comes from the desire not to have cross -traffic between the homeowner's area and the renter's area".. He went on with a brief history of the project, stating that although "it seemed like a good idea at the time" he came to the conclusion that the two groups do not mix. He alluded to the fact that revisions were made and approved by the City in December of 1979. He stated that the required condominium map would be filed. He made a final comment about Delaware Street stating that the street "goes nowhere" and should not pose a traffic circulation problem. The public hearing was closed. Further discussion.took place between the Commissioners and legal coun- sel regarding the notification of tenants. Mr. Folger stated that al- though there is no "iron -clad rule", there have .been some civil rights cases that may apply; that he was stating this in an advisory context and that there.was a good possibility that no one would contest it. Commissioner Higgins felt that there was no need to move ahead until it is known what the agreements were between the original builder of the condo and the original builder of the apartment complex regarding maintenance, street access and recreational facilities. ON MOTION BY HIGGINS AND.SECOND BY WINCHELL, A VOTE WAS TAKEN TO CON- TINUE THE ITEM TO THE APRIL 19, 1983 MEETING AND NOTIFY THE TENANTS OF SURFSIDE VILLAS OF THE PUBLIC HEARING. MOTION FAILED AS FOLLOWS: H.B. Planning Commission April 5, 1983 Page 5 AYES: Higgins, Winchell NOES: Livengood, Erskine, Schumacher, Mirjahangir ABSENT: Porter ABSTAIN: None. A SUBSEQUENT MOTION WAS MADE BY ERSKINE AND SECONDED BY SCHUMACHER TO APPROVE CONDITIONAL USE'PERMIT NO. 83-6 AND DIRECT STAFF TO PREPARE FINDINGS AND CONDITIONS FOR APPROVAL, ADDING AN IMPULSE GATE AT MAIN- MAST CIRCLE AND THAT AN ANALYSIS BE CONDUCTED WHICH SHOULD INCLUDE CON- SULTATION WITH THE APPLICANT. THIS MOTION FAILED BY THE FOLLOWING VOTE: AYES: Erskine, Schumacher NOES: Higgins, Livengood, Winchell, Mirjahangir ABSENT:. Porter ABSTAIN: None Commissioner Higgins then stated he would favor a continuance. ON MOTION BY SCHUMACHER AND SECOND BY MIRJAHANGIR, CONDITIONAL USE PERMIT NO. 83-6 WAS CONTINUED TO THE MEETING OF APRIL 19., 1983. STAFF WAS DIRECTED TO PREPARE FINDINGS AND CONDITIONS OF APPROVAL AND TO NOTIFY RENTERS IN THE HUD PROJECT OF THE PUBLIC HEARING, BY THE FOL- LOWING VOTE: AYES: Higgins, Livengood, Winchell, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN None SPECIAL SIGN PERMIT NO. 83-1 Applicant: Jimmy McGee's Nightclub A request to permit a freestanding pole sign 20 feet in height with an area of 100 square feet at property located on the southwest cor- ner of Warner Avenue and Springdale Street. The public hearing was opened. 'Jimmy McGee and James Lee, both repre- senting.the applicant, spoke in favor of granting the application. The public hearing was closed. Savoy Bellavia made a slide presentation on the subject site. Glen Godfrey spoke briefly regarding Condition #1 dealing with a meeting with the applicant or the sign company to determine the location and the height of the sign. ON MOTION BY WINCHELL AND SECOND BY SCHUMACHER SPECIAL SIGN PERMIT NO. 83-1 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Lack of sufficient advertising opportunity is causing a substantial H.B. Planning Commission April.5, 1983 Page 6 economic hardship for the businesses located within the shopping center. 2. The proposed signing will not adversely affect other signs in the area. 3. The proposed signs are designed in such a manner that pedestrian . and/or vehicular traffic vision will not be obstructed. 4._ The proposed signs will not adversely affect other signs in the area. CONDITIONS OF APPROVAL: 1. The maximum height of the proposed sign shall not exceed 20 feet with a maximum area of 100 square feet. However, the ultimate height and location of the sign shall be determined by the Depart- ment of Development Services subsequent to the applicant (or the sign company) submitting photographs reflecting various perspectives for the proposed sign with respect to height and location. 2. The applicant shall submit a revised site plan and elevation which reflects the approved height and location (as determined by staff) for the freestanding sign. It shall also reflect an increased landscaped planter area. 3. The proposed sign shall be capable of accommodating all businesses within the center. The purpose being to discourage any future requests for a special sign permit. 4. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None CONDITIONAL USE PERMIT NO. 81-8/TENTATIVE TRACT NO. 11417 (REVISED) Applicant: Mansion Properties Inc./Urban West Communities The conditional use permit is a request to permit a 554 unit planned residential development. The revised tentative tract is a request to permit a one lot subdivision for condominium purposes on property lo- cated on the south side of Clay Avenue between Main and Huntington Streets. The public hearing was opened. Dave Eadie representing the applicant, stated he had attended the subdivision committee meeting on this and H.B. Planning Commission April 5, 1983 Page 7 did agree with the conditions in the staff report. The public hearing was closed. Mr. Bellavia informed the Commissioners that the date shown on the staff .report for the various plans should be changed to reflect the correct dates. Some discussion took place regarding the language used in Condition #7 on the condition of the street being "subsurface". Les Evans re- sponded that this means the condition of the street is not what it should be and needs to be investigated by Public Works. ON MOTION BY ERSKINE AND SECOND BY MIRJAHANGIR CONDITIONAL USE PERMIT NO. 81-8 AND TENTATIVE TRACT NO. 11417 WERE APPROVED WITH A SPECIAL PERMIT, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: SPECIAL PERMIT: The Planning Commission granted a special permit in the following areas: 1. Height (relief from requirement to provide 1/3 of the units at one story less in height). 2. Setback (relief from requirement which requires that 50 percent of the garages be set back 20 feet from the accessways). FINDINGS FOR SPECIAL PERMIT (CUP 81-8): 1. Through the use of landscape planting materials, aesthetically pleasing architecture and special design and construction techniques, the surrounding uses will have a minimized impact on the proposed project and, in turn, the proposed project will not be detrimental to the general health, welfare, safety and convenience of the ad- joining neighborhood or the City in general. 2. The orientation of each of the dwelling units onto private open space, the use of landscape materials and the design solution for a unique parcel of land will help to insure maximum privacy for the residents within a project of this density. 3. Through the.use of heavy landscape planting, berming throughout the project, and by maximizing the use of aesthetically pleasing types of architecture, the proposed project will promote a better living environment. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT 81-8 AND TENTATIVE TRACT 11417 REVISED: 1. The proposed subdivision of this 46.6 acre parcel of land zoned R2-0-PD is proposed to be constructed having 13.8 units per gross acre. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for the implementation of this type of housing. H.B. Planning Commission April 5, 1983 Page 8 3. The property was previously studied for this intensity of land, use at the time the land use designation for medium density resi- dential was placed on the property. 4. The proposed project under Tentative Tract 11417, Revised, is consistent with all.elements of the City's General Plan. 5. The lot size, depth, frontage, street widths 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. . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 81-8: 1. The site plan dated March 10, 1983 and the floor plans, elevations and other pertinent data received and dated February 23, 1983, shall be the approved layout, floor plans and elevations. 2. Natural gas and 220V electrical shall be stubbed in,at the location of clothes dryers. 3. Natural gas shall be stubbed in at the locations of cooking facili- ties, water heaters, and central heating units. 4. Low volume heads shall be.used in all showers and spigots. 5. All building spoils, such as unused lumber, wire, pipe and other surplus or unusable materials shall be disposed of at.an offsite facility equipped to handle them. 6. Energy efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lots and recreational areas, and shall be designed to prevent spillage onto adjacent areas. 7. All approved drives shall be considered required.fire lanes and shall be signed as such to the approval of the Huntington Beach Fire Department. 8. The CC&R's and association rules shall set forth provisions to prohibit the storage of recreational vehicles upon designed open parking spaces within the project. 9. All dwelling units shall be constructed in compliance with state acoustical standards set forth for all those units that lie within the 60 CNEL contours of the property. 10. Construction techniques recommended in the geological report on file for the project shall be undertaken to the satisfaction of the Director of Development Services. 11. Prior to the recordation of a final map, the CC&R's for the project H.B. Planning Commission April 5, 1983. Page 9 shall be submitted to the Department of Development Services for review, to assure compliance with all applicable conditions of approval, and to the Attorney's office for review as to legal form. 12. All private drives used to provide ingress and egress for oil operations shall be required to be constructed with a street section the same as those constructed for local streets. 13. Off -island wells shall be converted to common open space under the ownership and maintenance of the homeowner's association at such time as oil operations cease. The abandonment and clearing of the site of oil operation equipment shall be the responsibility of the oil operator. The homeowner's association shall be responsible for the installation and maintenance of all landscaping to convert the areas to common open space. The developer shall be required, prior to the recordation of the final map, to provide cost estimates and establish an interest -bearing account in the name of the home- owner's association sufficient in amount to convert these areas to common open space. 14. The internal antenna system throughout the entire project shall be designed to provide each homeowner with the option of commercial cable system or a non-commercial antenna system owned and operated by the homeowner's association. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 11417 REVISED: 1. The tentative tract received and dated February 23, 1983, shall be the approved tentative tract. 2. Sewer, water and fire hydrant systems shall be subject to City standard plans and specifications as adopted by the City Council. 3. If the Department of Public Works determines that water pressure for the proposed project is not adequate, the developer shall con- struct a City -maintained, master planned water pressure booster station or construct a private onsite booster station within the development. a. The master planned booster pump station will serve a large area, and the developer will be eligible for reimbursement from other properties within the service area as they develop. The onsite water system will be public and will -be maintained by the City. b. If the developer chooses to build a private booster station, a master meter will be required in the main line prior to the booster pump and the onsite water facility will be privately maintained. This system should be designed so that when the master planned booster station is constructed, the tract can easily connect to the system, thus eliminating the private booster station. 4. All sewer mains shall be constructed to Public Works.standards H.B. Planning Commission April 5, 1983 Page 10 and all onsite sewer mains shall be privately owned and operated. 5. The developer shall construct the necessary master planned storm drain facilities to.serve the tract. The developer is also re- quired to eliminate the cross -gutter -in Huntington Street south of Cleveland Street. All onsite drainage facilities shall be private except for the major pipeline that conveys the Main Street drainage. An easement shall be dedicated to the City for this storm drain, per City standards. 6. Unless the developer requests to incorporate the public parkway landscaping on Clay Avenue and Huntington Street into his onsite landscaping scheme and enter into a parkway landscape agreement, landscaping within the public right-of-way shall be constructed per City standards. 7. Clay Avenue and -Huntington Street shall be reconstructed to the centerlines of the streets. Main Street shall be totally recon- structed on the east side unless the developer's street borings indicate other construction treatment -should be considered. Street improvements fronting on both the Seaeliff Office Complex and the shopping center shall be completed in conjunction with Tentative Tract 11417, Main Street improvements. The entire median in Main Street from Clay Avenue to the existing median fronting the Sea cliff Office Complex shall be constructed by the developer. The developer will be eligible for reimbursement from the property owner on the west side of Main Street upon development of this property.. The width of the sidewalk on Clay Avenue and Huntington Street shall be maintained at a minimum of four feet around any obstructions (poles., fire hydrants, etc.). Sidewalks shall be constructed over the "not -a -part" parcel along Yorktown Avenue. 8. The existing traffic signal conduit facility at Yorktown Avenue and Lake Street is presently installed for a "T" intersection. Therefore, the developer shall install the necessary modification to upgrade the conduit system to a four-way traffic signal inter- section. The developer shall also participate in 25 percent of the cost of the future signalization of this intersection. 9. Specially ordered street lights have been previously purchased by the City for the Main Street median. The developer shall purchase these street lights from the City and install them as required. 10. Except where private entry drives intersect Yorktown Avenue, Clay Avenue, Main Street and Huntington Street, vehicular access rights to said streets shall be dedicated to the City of Huntington Beach. AYES: Higgins, Winehell, Livengood, Erskine, Schumacher, Mirjahangi NOES: None ABSENT: Porter ABSTAIN: None H.B. Planning Commission April 5, 1983 Page 11 USE PERMIT NO. 83-11/NEGATIVE DECLARATION NO. 83-6 Applicant: Bennett Development A request to permit the construction of a 66 unit apartment complex located on the north side of Newman Avenue, 100 feet west of Van Buren Street. The public hearing was opened. Cora Capastione, representing the ap- plicant, noted an addition error on page 3 of the staff report. That figure under "Open Parking Spaces" should read 56 and not 66. She also stated that she felt Condition #15 was mitigated by the fact that the garages are lockable. James Nye spoke against granting the negative declaration because he felt that the present ground cover provided a place of absorbtion for the surrounding area. He felt that with this built -out, the drainage problem would be too severe. He submitted pictures of the recent flooding that occurred on March 1st as evidence to support his claim. Mr. Palin suggested that a grading and hydrology report be conducted of the project area and the surrounding area. Valerie Curry concurred with Mr. Nye's statement, although she did not object to the project itself. The public hearing was closed. Commissioner Mirjahangir asked Public Works staff what had been done to secure an easement. Les Evans stated that nothing was done by staff, that this was proposed by the developer. He further stated that he was cognizant of the fact that that particular area has some drainage prob- lems. Mr. Palin added that this area is not in the flood zone. Art Folger stated that the condition regarding the lockable garages was not something that could be excluded as a condition as it is required by Municipal Code and therefore was under the jurisdiction of the police and fire departments of the City. Commissioner Winchell asked if this applied to apartments. Mr. Folger stated, yes it did. Mr. Palin stated that it was also at the discretion of the Director of Development Services that it be either a garage or a gated community. ON MOTION BY HIGGINS AND SECOND BY WINCHELL NEGATIVE DECLARATION NO. 83-6 AND USE PERMIT NO. 83-11 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the proposed apart- ment project will not be detrimental to: a. The general welfare of persons residing or working in this general vicinity; b. Property and improvements in the vicinity of such use or buildings. 2. The c;rantinq of Use Permit No. 83-11 will. not adversely affect the General Plan of the City of Huntington Beach. 3. The proposed project under Use Permit No. 83-11 is consistent with H.B. Planning Commission April 5, 1983 Page 12 the City's zoning, zoning regulations and General Plan land use designation. CONDITIONS OF APPROVAL: 1. The site plan, floor plan and elevations received and dated March 21, 1983, shall be the approved site plan, floor plan and elevations. Revised plans shall be submitted to the Department of Development Services for review and approval which depict the east building elevation and provide additional architectural treatment to the south building elevation. 2. The developer shall enter into an agreement with the City which will assure the City that 20 percent of the total units of this _project will be developed for persons and families'of low and moderate income as defined by the County of Orange and Section 50093 of the Health and Safety Code. Fifty (50) percent of the units set aside under this category shall satisfy an income level between 80 and 100 percent of the County's median income while the remaining 50 percent shall satisfy an income level between 100 and 120 percent of the County's median income. Said agreement shall be acceptable to the City Council, the City Attorney's office, the developer and the developer's lender. Said agreement shall be exe- cuted prior to the issuance of building permits for the first unit of the first phase of the subject project. 3. Prior to the issuance of the building permit, the applicant shall submit to the City for approval, a tentative parcel map. A final map shall be reviewed by the City and recorded by the County of Orange prior to the occupancy of the first unit within the first phase of the subject project. Information submitted with the re- quired parcel map shall include a hydrology and drainage study prepared by a qualified engineer. 4. If the developer proposes both sewer and drainage facilities to flow to the north of the project, proof of an easement shall be submitted to the City allowing said facilities to cross over pri- vate property and connect into either Michael Circle of Van Buren. Said proof of easement shall be obtained prior to the issuance of building permits. 5. Where garages and/or carports are located adjacent to a property line, said building height shall not exceed nine (9) feet above the finished grad of the adjacent property. Said building shall be constructed along the property line of maintenance free masonry materials. 6 Natural gas and 220 volt electrical shall be stubbed in at the lo- cation of clothes dryers. 7. Natural gas shall be stubbed in at the location of cooking facilities, water heaters and central heating units. 8. Low volume heads shall be used on all showers and faucets. H.B. Planning Commission April 5, 1983 Page 13 9. All building spoils sucy as unused lumber, wire, pipe and other usused materials shall.be disposed of at an offsite facility equipped to handle them. 10. All structures shall be designed to be in compliance with the State acoustical standards set forth for units which lie within the 60 CNEL contours of the property. 11. If lighting is included in the parking lot and/or recreational areas, energy efficient lamps shall be used, such as high pressure sodium vapor. All outside lighting shall be directed to prevent spillage onto adjacent property. 12. A detailed soil analysis shall be prepared by a registered soil .engineer. This analysis shall include onsite soil samples and labora- tory testing of materials tb provide detailed recommendations regarding grading, chemical and fill properties, foundation and retaining wall and street and utilities. 13. All buildings including parking garages and recreational buildings shall be constructed in accordance with all applicable fire prevention regulations and provisions as required by the Huntington Beach Fire Department. 14. All approved drives shall be considered fire lanes and shall be signed as such to the approval of the Huntington Beach Fire Depart- ment. 15. If individual lockable garages are not provided onsite, then the entire project shall be secured with a fence and gate system adequate to control both vehicular and pedestrian movement. 16. All walls and/or fences constructed along property lines shall be constructed of decorative, maintenance -free masonry materials. 17. Newman Avenue shall be dedicated and reconstructed from the center- line and shall be 22 feet from the curb to the centerline. The 8.foot parkway shall be sidewalked per City standards. 18. The proposed project shall comply with all provisions of Article 932 and any other applicable provisions of the Huntington Beach Ordinance Code and/or the Huntington Beach Municipal Code. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None CODE AMaUUN r NO. 83-4/CONDITIONAL USE PERMIT NO. 83-7/CONDITIONAL EXCEPTION NO. 83-4 Applicant: Mola Development Corporation Code Amendment No. 83-4 is a request to amend Sections 0.2.(a), 0.2.(b), 0.13.(c)(1), 0.13.(c)(2) and Exhibit A of the Seabridge Specific Plan; H.B. Planning Commission April 5, 1983 Page 14 Conditional Use Permit No. 83-7 is a request to permit the construction of a restaurant, office building and 59 unit senior citizen housing de- velopment within Subarea B-1 of the Seabridge Specific Plan; Conditional Exception No. 83-4 is a request to permit a structure to encroach into the required 20 foot side yard setback along the westerly property line of property located.on the east side of Beach Boulevard south of Adams Avenue: Mr. Bellavia made some minor word changes to the conditional exception request and the code amendment request that added to clarity. Brief discussion took place on location of the residential and commercial areas on the displays. Richard Harlow, although unable to attend, submitted a letter with some suggested corrections to the staff report concerning the code amendment request. There was some question as to the impact the existing gas station adjacent to the proposed site may have on the future residents Mr. Bellavia stated that the setbacks were established to protect the development from the service station. The public hearing was opened. Jerry Simon spoke on behalf of Mola De- velopment Corporation in favor of granting the requests. The public hearing was closed. Commissioner Schumacher felt that the proposed code amendment did not meet the intent of the original Specific Plan. She further stated she could not support the applicant's request on the code amendment. Commis- sioner Mirjahangir calculated that the density being requested was 15% higher than what is now allowed. Commissioner Erskine asked staff to explain why the density would now exceed the Specific Plan. Mr. Bellavia stated that when it was originally developed it was an "either/or" situation. Now there will be a mixed use. Mr. Folger further explained that amending the Specific Plan would be the best way to accomplish what is being pro- posed Mr. Palin stated that at the time the Specific Plan was written there was no project proposed. Commissioner Winchell suggested that a proportionate amount be granted rather than the entire 400 "plus". ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS CODE AMENDMENT NO. 83-4, SECTIONS "A" AND "D" ONLY, WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Schumacher, Mirjahangir NOES None ABSENT:• Porter ABSTAIN: Erskine Commissioner Schumacher made a motion to approve the CUP, however, after discussion on the density bonus and various other considerations, she withdrew her motion. Commissioner Winchell further pursued her earlier, suggestion on reaching a proportionate figure for density. Mr. Palin suggested that staff may be able to come up with a ratio using the number of trips vs. the balance of present trips. It was determined that the question was, will the senior housing development impact traffic in the area? 1 H.B. Planning Commission April 5, 1983 Page 15 A MOTION WAS MADE BY HIGGINS AND SECONDED BY ERSKINE TO APPROVE CONDI- TIONAL USE PERMIT NO. 83-7 WITH THE FINDINGS AND CONDITIONS AS OUTLINED IN THE STAFF REPORT. THIS MOTION FAILED TO ATTAIN FOUR OR MORE AFFIRMA- TIVE VOTES AS FOLLOWS: AYES: Higgins, Livengood, Erskine NOES: Winchell, Schumacher, Mirjahangir ABSENT: Porter ABSTAIN: None DUE TO A LACK OF FOUR AFFIRMATIVE VOTES, CONDITIONAL USE PERMIT NO. 83-7 WAS AUTOMATICALLY CONTINUED TO THE NEXT REGULAR MEETING, WHICH IS ON APRIL 19, 1983. ON MOTION BY HIGGINS AND SECOND BY ERSKINE CONDITIONAL EXCEPTION NO. 83-4 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Exceptional circumstances apply that deprive the subject property of privileges enjoyed on other properties of the same zone classi- fication. The subject property is bounded by uses which will not be adversely affected by the reduction of setbacks. 2. The conditional exception does not constitute a grant of special privilege. 3. The conditional exception will not be materially detrimental to the public's welfare. AYES: Higgins, Livengood, Erskine, Mirjahangir NOES: Winchell, Schumacher ABSENT: Porter ABSTAIN: None Chairman Porter returned to the meeting and -relieved Commissioner Livengood of the chair. He requested that the Commissioners hear a discussion item scheduled last on the agenda due to the late hour and that there were a number of people present to give public testimony. Commission consensus agreed with the Chairman. REQUEST TO EXPAND RESOLUTION PERMITTING A MIXED USE DEVELOPMENT RE: CUP 80-1 - Applicant: Nail Trend The applicant is requesting that the resolution amendment be granted to expand on the non -permitted use to a full -service cosmetology operation on property located on the south side of Heil Avenue, west of Gothard Street. The Chairman stated he would accept public testimony on this discussion item. Gary Bailey, spokesman for his wife, the applicant, stated that his wife is a tenant in the business center. He submitted a petition of adjacent tenants and various customers supporting his wife's request to permit this exl)anded use. He cited the statistic of many small businesses which H.B. Planning Commission April 5, 1983 Page 16 are going backrupt. He stated it was important to realize that the major' of the salon's business is done after regular working hours, thereby not necessitating the need for as much parking during business hours. He asked that the Commission grant this request. Judy Allen, an adjacent tenant, also supported Mrs. Bailey's request. Commissioner Erskine cited a similar allowed mixed use in another City that works very well as such. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE, THE APPLICANT'S REQUEST TO PERMIT A FULL -SERVICE COSMETOLOGY OPERATION, WAS GRANTED BY ADOPTING RESOLUTION NO. 1259, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir NOES: None ABSENT: Schumacher ABSTAIN: None The Chairman called for a recess. Commission resumed at 11:00 PM. CODE AMENDMENT NO. 83-5 Initiated by the City of Huntington Beach This amendment addes Article 932.5 to the Huntington Beach Ordinance Code and establishes a Senior Residential Suffix (SR) that sets forth stan- dards for residential developments designed for senior citizens. The public hearing was opened. Seeing no one was present to speak either for or against the item, the public hearing was closed. Cn-missioner Mirjahangir stated that the requirement relating to building bulk was too restrictive - that developers have a hard time meeting the standard that structures shall not contain more than 6 units side -by -side on the same level or on the same story. Brief discussion followed on off street parking. Commissioner Schumacher felt that if three story structures were built, elevators should be required for the elderly. Bill Cooper added that sprinkler systems would be required for structures more than three stories. Commissioner Livengood added that although it would be.a good idea to include elevators, it could create a cost factor. Chairman Porter stated that he was concerned about the density, that just because the tenants would be elderly, "they need light and air too". Commissioner Erskine cited an example of senior housing in Santa Ana that is three story in which people "are fighting to get into". Discussion ensued regarding building -separation. Commissioners listed a summary of information they wanted staff to analyze as an alternative to the code amendment presented to them, which included: minimum floor area, capped access or elevators required for 3-story structures or 2-story with no elevators, increased parking requirements, reduced density, etc. Commissioner Higgins had some questions relating to the Uniform Buil4jng Code reqarding minimum room size. Commissioner Livengood asked staff �o investigate, if possible, the unit size of the Leisure World development in the city of Seal Beach. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CODE AMENDMENT NO. 83-5 WAS CONTINUED TO THE MEETING OF APRIL 19, 1983, BY THE FOLLOWING VOTE: H.B. Planning Commission April 5, 1983 Page 17 AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Livengood, Porter, Erskine, Schumacher, REPEAL OF PRECISE PLAN OF STREET ALIGNMENT NO. 82-1 Initiated by the City of Huntington Beach PPSA 82-1 established the alignment of a private street to provide access to a 12-acre site located on the south side of Talbert Avenue approximately 450 feet west of Beach Boulevard. The alignment of said street will hereafter be determined by approved tract maps. Chairman Porter stated he was reluctant to repeal the precise plan in the event there might be a problem such as no access. Art Folger stated that the precise plan would not be the guarantee that a street would be built, and further stated that a tract map would cover any concerns. Commission consensus revealed that a continuance would be best for the remainder of the items so that they could be heard as "a package". The public hearing was opened and closed as no one was present to speak either for or against the item. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR THE REPEAL OF PPSA 82-1 WAS CONTINUED TO THE MEETING OF APRIL 19, 1983, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None LAND USE ELEMENT AMENDMENT NO. 83-2/NEGATIVE DECLARATION NO. 83-4 Initiated by the City of Huntington Beach A request to redesignate approximately 4.65 acres located south of Talbert Avenue, approximately 450 feet west of Beach Boulevard from General In- dustrial and Medium Density Residential to High Density Residential. The public hearing was opened and closed as no one was present to speak for or against the item. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE LUEA 83-2 AND ND 83-4 WERE CONTINUED TO THE MEETING OF APRIL 19, 1983, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ZONE CHANGE NO. 83-3 Initiated by the City of Huntington Beach H.B. Planning Commission April 5, 1983 Page 18 A request to change the existing zoning from M1-A (Restricted Manufacturi ) and (Q)R2-PD (Qualified Medium Density Residential with a Planned Develop- ment Suffix) to R4-SR (High Density Residential with a Senior Residential Suffix), on property located south of Talbert Avenue approximately 1200 feet west of Beach Boulevard. The public hearing was opened and closed as no one was present to speak either for or against the item. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE ZONE CHANGE NO. 83-3 WAS CONTINUED TO THE MEETING OF APRIL 19, 1983, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 83-6 Initiated by the City of Huntington Beach A request by the City to amend Section 9700.19, General Provisions of the Ordinance Code which will add the phrase "Public Easement" to the defini- tion of "Ultimate Right -of -Way". This amendment will be applicable City- wide. Mr. Bellavia gave a brief presentation on the code amendment. The public hearing was opened and closed as no one was present to speak either for or against the item. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE, CODE AMENDMENT NO. 83-6 WAS APPROVED AS PRESENTED AND RECOMMENDED FOR ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Mirjahangir NOES: None ABSENT: None ABSTAIN: None PLANNING COMMISSION ITEMS: Winchell, Porter, Erskine, Schumacher, Commissioner Livengood requested a report on the heliport project as he has some concern about the noise factor. He also stated that he had volunteered at the League of California Cities conference to participate in the development of the California Municipal Planners Handbook. Commissioner Erskine requested a tape of the special meeting which took place on March 29, 1983, dealing with the Downtown Specific Plan. Commissioner Schumacher had some concerns about a possible roadway through Terry Park. H.B. Planning Commission April 5, 1983 Page 19 ADJOURNMENT: There being no further business before the Planning Commission, the meeting was adjourned at 12:00 A.M. to the next regular meeting of April 19, 1983. Marc Porter, Chair 1