HomeMy WebLinkAbout1984-01-04 (7)APPROVED ON 2-7-84
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
TUESDAY, JANUARY 4, 1984 - 7:00 PM
COMMISSIONERS PRESENT: Higgins, Winchell, Livengood, Porter, Erskine,
Mirjahangir
COMMISSIONERS ABSENT: Schumacher
CONSENT CALENDAR:
ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS, THE CONSENT CALENDAR,
CONSISTING OF THE REGULAR MEETINGS OF DECEMBER 6 AND 13, 1983, AND AN
EXTENSION OF TIME ON TENTATIVE TRACT NO. 10557, WAS APPROVED AS FOLLOWS:
ITEM A-1:
AYES: Higgins, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: Winchell
ITEM A-2:
AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
ITEM A-3:
Extension of time on Tentative Tract No. 10557 was granted subject to
the following conditions:
1. All applicable conditions for Tentative Tract No. 10557 dated
August 18, 1981, shall apply.
2. The tentative tract map is subject to current park and
recreation fees (Resolutions No. 5071 and 5072).
AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher _
ABSTAIN: None
COMMISSION ITEMS:
Commissioner Erskine reported that the landscaping at the Blufftop Park
was not "taking hold" and that he would be interested in seeing the
contract for landscaping that the City entered into. Secretary Palin
stated he would report back on this subject.
REGULAR AGENDA ITEMS:
CONDITIONAL EXCEPTION NO. 83-05/TENTATIVE PARCEL MAP
NO. 83-576/NEGATIVE DECLARATION NO. 83-48 (Continued from 12-13-84)
Applicant: State -Wide Developers, Inc.
A request to create a 5,177 square foot lot in lieu of required 6,000
square foot lot, at property located at the northeast end of Park
Avenue, between Park and Midway Channel. Mike Adams stated that Orange
County wants a 20 foot easement. He recommended that Condition #4
under the Conditional Exception, be deleted as it does not apply.
The Chairman reopened the public hearing. Chris Knowlton, the
applicant, stated that the longest lease he could get was 35 years. He
requested approval.
Alan Cuphardt requested a continuance to the next meeting to give him a
chance to present the report to the members of the homeowners
association of the adjacent condominium development. He made the
comment that he did not believe that the ridge would remain stable if
the proposed plans were completed.
Laverne Michael, an adjacent property owner, asked how could fire
trucks maneuver if anything were constructed on the property, citing a
prior tragedy where death occurred because of lack of fire access. She
stated that a history of the property would reveal that an earlier
owner of the property in question, illegally created the lot. She also
cited a history of flooding on the subject property. She added that
her opposition to the project was echoed by two neighbors of hers who
could not attend, the Bordell's and the Hubert's.
The applicant stated that the elevations depicted on the parcel map
indicate that no flooding would occur. The public hearing was closed.
Commissioner discussion took place regarding the finished grade of the
property and responsibility for sewer and water service. Art De La
Loza suggested that the City should have some sort of agreement with
the County to provide for access, and if the County refuses to allow
access, liability would fall on the County. Further discussion
continued on the flooding issue. Commissioner Winchell said that she
would hate to see the water turn back onto Park Avenue. Secretary
Palin emphasized that the proposed structure would not create any more
of a hazardous condition than what now exists on Park Avenue. The
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point was also raised that in addition to the Huntington Beach Fire
Department, the property was also served by the Orange County fire boat.
A motion was made by Livengood and seconded by Erskine to approve
Negative Declaration No. 83-48, however, after Commissioner Livengood
discovered that the negative declaration document was missing from the
staff report, the motion and second were withdrawn. The applicant
stated he would agree to a continuance to the January 17, 1984 meeting.
ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR NEGATIVE DECLARATION
NO. 83-48, CONDITIONAL EXCEPTION NO. 83-05 AND TENTATIVE PARCEL MAP NO.
83-576 WERE CONTINUED TO THE JANUARY 17, 1984 MEETING WITH CONSENT FROM
THE APPLICANT. STAFF WAS FURTHER DIRECTED TO REVISE CONDITIONS TO
REFLECT THE FOLLOWING:
No. 4 Condition on the C.E.: Applicant shall secure lease of 35
years on adjacent property, and
No. 5 Condition on the T.P.M.: The County shall provide the
City with an agreement to provide access to all utility lines in
Park Avenue which service the subject property.
MOTION PASSED BY THE FOLLOWING VOTE:
AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
CONDITIONAL USE PERMIT NO. 83-31/TENTATIVE TRACT NO. 12089/NEGATIVE
DECLARATION NO. 83-47 (Continued from 12-13-83)
Applicant: Mola Development Corporation
A request to construct a 111 unit condominium project on property
located north of Warner Avenue, between Lynn and Sims Streets. Mike
Adams gave the staff presentation explaining that the major issue was
the applicant's request for a density bonus. Staff recommended an
added wording to Condition #24 regarding units set aside for low and
moderate income households.
The public hearing was opened. Richard Harlow, speaking on behalf of
the applicant, described the project and requested approval. He stated
that he believed the density bonus request was overstated by staff. He
said that the State permits a density bonus for developers who provide
25% affordable units and, in this case, the developer is proposing 100%
affordable. He said the plan exceeds the open space requirements and
has less site coverage than the previous plan. He added that there are
fewer "people per acre" than the previous plan proposed. He explained
that the subterranean parking structure (left by the previous
developer) will be landscaped and used as recreation open space. He
stated that he would like to clarify the definition of a first time
buyer as a person who has not purchased within the last three years and
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also requested that the coastal requirements for the Countess Drive
project be fulfilled at this location. Chairman Porter questioned the
applicant's request for a reduction in setbacks on Warner Avenue. He
said he believed this should be listed under the request for special
permit.
Carl McClarren, the architect, explained the obstacles he faced in his
job to design a building on an existing structure and stated he
believed the intensity of the site was less than the previous approved
project. The public hearing was closed.
Commissioner Mirjahangir questioned the compact parking percentage, he
said there would be "blind corners" that may impact traffic
circulation. Mr. Adams said that the applicant does comply with
parking requirements and is working with the added constraint of an
existing parking structure. Commissioner Livengood suggested adding a
condition dealing with trash pick-up areas. Lengthy discussion took
place regarding approval of the prior project regarding existing mature
trees on the property. Richard Harlow stated that the applicant would
agree to incorporate the conditions of the prior project. Commissioner
Higgins pointed out the fact that, looking at the comparison of this
and the previously approved project, that "people per unit" only
increased 14, which was not a significant amount, in his opinion.
Commissioner Winchell stated she would favor bringing the number of
units down to 101 to decrease the density. Commissioner Livengood was
concerned about street noise on Warner with a 15 foot setback.
Commissioner Erskine agreed with the applicant that by providing
first-time buyers with an opportunity to purchase a home was a way of
these people getting into the market.
Lengthy discussion took place on the number of units that would not
increase intensity from the previously approved project. The architect
pointed out that any tearing down and reconstruction of the existing
parking structure would entail passing on the cost to the purchasers of
the units. Frank Mola stated for the record that he agreed to
eliminate all 3-story units facing Warner Avenue. A straw vote on this
proposal revealed that only Commissioner Erskine disagreed with this
stated condition.
ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR NEGATIVE DECLARATION
NO. 83-47 WAS FOUND ADEQUATED AND APPROVED BY THE FOLLOWING VOTE:
AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CONDITIONAL USE PERMIT
NO. 83-31 WAS APPROVED WITH A SPECIAL PERMIT, WITH THE FOLLOWING
FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE:
A special permit was granted for deviations from provisions of Article
936 with regard to maximum site coverage and density (density bonus).
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FINDINGS FOR SPECIAL PERMIT:
1. Through the use of heavy landscape planting around private and
common areas, and by maximizing the use of aesthetically
pleasing types of architecture, the proposed project will
promote a better living environment area.
2. Through the use of landscape planting materials, aesthetically
pleasing architecture, and special design and construction
techniques, the surrounding uses will have a minimum 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 neighborhood or City in general.
3. The orientation of many of the dwelling units onto common
landscaped areas and the design solution for a somewhat unique
parcel of land will help to ensure maximum privacy for the
residents within a project of this density.
FINDINGS FOR APPROVAL:
1. The proposed subdivision of this 3.74 gross acre parcel of land,
zoned R3, Medium High Density Residential, is proposed to be
constructed having 36.4 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 implementation of
this type of housing. The proposed project complies with the
Land Use Element and all other elements in the General Plan.
3. The property was previously studied for this intensity of land
use at the time the land use designation for High Density
Residential was placed on the property.
4. 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 compliance with standard plans and specifications
on file with the City as well as in compliance with the State
Map Act and supplementary City Subdivision Ordinance.
CONDITIONS OF APPROVAL:
1. The site plan, floor plans (including the parking layout), and
elevations received and dated December 28, 1983, as amended by
the Planning Commission on January 4, 1984, shall be the
approved site plan, floor plans, and elevations for the project;
subject to review and approval by the Planning Commission prior
to issuance of building permits.
2. Natural gas and 220V electrical shall be stubbed in at the
location of clothes dryers. This requirement may be waived
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provided that the applicant will install a more energy -efficient
alternative subject to review and approval of the Department of
Development Services.
3. Natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units. This
requirement may be waived provided that the applicant will
install a more energy -efficient alternative subject to review
and approval of the Department of Development Services.
4. Low volume heads shall be used in all showers.
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 vappor
lamps, shall be used in parking lots to prevent spillage onto
adjacent areas and for energy conservation.
7. All structures on the subject property, whether attached or
detached, shall be constructed in compliance with the State
acoustical standards set forth for units that lie within the 60
CNEL contours of the property. Evidence of compliance shall
consist of submittal of an acoustical analysis report prepared
under the supervision of a person experienced in the field of
acoustical engineering, with the application for a building
permit.
8. An engineering geologist shall be engaged to submit a report
indicating the ground surface acceleration from earth movement
.for the subject property. All structures within this
development shall be constructed in compliance with the g-factor
as indicated by the geologist's report. Calculations for
footings and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to
issuance of building permits.
9. A chemcial analysis, as well as physical properties of the soil
on subject property, shall be submitted to the City for review
prior to the issuance of building permits.
10. The covenants, conditions, and restrictions shall contain a
provision that will prohibit storage of boats, trailers, and
recreational vehicles on the site, unless an area that is
specifically designed for such storage and which is in
compliance with the provisions of Article 936 is provided for in
the project.
11. A fire alarm system, approved by the Fire Department, shall be
installed throughout as per NFPA standards.
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12. An automatic sprinkler system, approved by the Fire Department,
shall be installed throughout as per NFPA standards and City
specifications.
13. A stand pipe system approved by the Fire Department shall be
installed as per Huntington Beach Fire Code and NFPA standards.
14. A pedestrian access gate, minimum 6 foot width for Fire
Department use, shall be provided from Warner Avenue to gain
access to the east side of Building 2, the recreation center,
and the west side of Building 1.
15. Hydrants must be installed onsite to provide a hydrant within
150 feet from any part of the perimeter of any building.
16. Prior to any combustible construction all roadways, water supply
systems, and fire hydrants shall be installed and operable.
17. All perimeter block walls shall be on private property.
18. Heavy screen planting, specifically trees, shall be required
along northerly property line of the development.
19. All onsite sewer and storm drain faiclities shall be private and
constructed per Public Works standards.
20. All onsite accessways shall be private and constructed per
Public Works standards.
21. No onstreet parking will be permitted on the north side of
Warner Avenue.
22. The developer shall provide and install any traffic control
devices as required by Public Works.
23. All public improvements shall be completed per approved plans.
These plans shall be reviewed by the City's engineering staff
and revised to current City standards by the developer's
engineer.
24. The applicant shall draft a development agreement which
addresses the following:
. Set aside all units for low- and moderate -income
households; 25% of the units shall be set aside for low
income households (less than 100% of the County median
income)
. First-time buyer and owner/occupant requirement on all
units
. Set -aside 41 units for offsite affordable units which may
be required with coastal development residential projects
. Apply for Mortage Revenue Bond Financing
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Comply with the bond program requirements for buyer
qualification whether or not bond financing is attained
This agreement shall be subject to review and approval by the
Planning Commission.
25. Location of trash collection and pick up areas shall be subject
to review and approval by the Director of Development Services.
26. Project shall have no units higher than two levels above the
subterranean parking structure adjacent to Warner Avenue.
27. Applicant shall comply with all conditions on the previously
approved project (C.U.P. 80-6) as applicable.
AYES: Higgins, Winchell, Livengood, Porter, Mirjahangir
NOES: Erskine
ABSENT: Schumacher
ABSTAIN: None
ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE TENTATIVE TRACT NO. 12089
WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE
FOLLOWING VOTE:
FINDINGS FOR APPROVAL:
1. The proposed subdivision of this 3.74 gross acre parcel of land,
zoned R3, Medium High Density Residential, is proposed to be
constructed having 36.4 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 implementation of
this type of housing. The proposed project complies with the
Land Use Element and all other elements in the General Plan.
3. The property was previously studied for this intensity of land
use at the time the land use designation for High Density
Residential was placed on the property.
4. 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 compliance with standard plans and specifications
on file with the City as well as in compliance with the State
Map Act and supplementary City Subdivision Ordinance.
CONDITIONS OF APPROVAL:
1. The tentative map received and dated October 31, 1983, shall be
the approved layout with the following revision made to the map
and submitted for approval by the Department of Development
Services:
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a. A 2 foot wide public utility easement shall be dedicated on
Sims Street and Lynn Street.
2. Water systems shall be through the Huntington Beach water system.
3. The property shall participate in the local drainage assessment
district requirements and fees.
4. Drainage for the subject subdivision shall be approved by the
Department of Public Works prior to the recordation of a final
map. This system shall be designed to provide for erosion and
siltation control both during and after construction of the
proposed project.
5. All access rights along Warner Avenue and Lynn and Sims Streets,
except for the intersections of the private drives on Lynn and
Sims Street, shall be dedicated to the City of Huntington Beach.
AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
CODE AMENDMENT NO. 83-3 (Continued from 12-6-83)
Initiated by City of Huntington Beach
A proposal to amend Chapter 95 of the Ordinance Code by adding
regulations to assure that industrial developments within 150 feet of
residentially zoned and general -planned sites comply with standards of
performance necessary to minimize detrimental effects to the residents
of Huntington Beach. Staff gave a brief presentation of the proposed
code amendment and requested a continuance due to further necessary
changes.
The public hearing was opened and continued. Discussion ensued
regarding the following: distance allowed for truck loading, location
of M2 sites in the City, setbacks from residential property, definition
of setback, and the power of the Director of Development Services to
waive noise study requirements.
ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CODE AMENDMENT NO.
83-3 WAS CONTINUED TO THE MEETING OF JANUARY 17, 1984, BY THE FOLLOWING
VOTE:
AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
ITEMS NOT FOR PUBLIC HEARING:
SITE PLAN AMENDMENT NO. 83-05
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Applicant: Mola Development Corporation
A request to make slight modifications to the approved site plan
(Conditional Use Permit No. 83-24) for the 60-unit condominium
development located on the westerly termination of Countess Drive,
between the Main Channel, Bolsa Chica Channel and Trinidad Channel in
Huntington Harbor. A brief discussion took place regarding the
affordability question concerning the approval earlier of the
developer's project on Warner Avenue. Commissioner consensus was to
include, as reasons for approval, the items cited by Mr. Mola in his
letter of December 27, 1983.
ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR SITE PLAN AMENDMENT
NO. 83-05 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS,
(INCLUDING AN AFFORDABILITY CLAUSE), BY THE FOLLOWING VOTE:
FINDING FOR APPROVAL:
1. The proposed amendments will enable the project to comply with
the conditions of approval on CUP 83-24 and improve the site
layout and building design.
CONDITIONS OF APPROVAL:
1. The site plan amendment received and dated December 27, 1983,
shall be the revised site plan for CUP 83-24 addressing the
following:
Building site coverage
Common open space
Project entry area
Building design, with respect to openings
Setback from the bulkhead line.
2. Applicant shall comply with Government Code Section 65590, which
calls for the provision of affordable units for low and moderate
income families within the Coastal Zone, where feasible. Based
on 20% of the project units, the number of low and moderate
income units required shall be 15. These units may be provided
off site subject to approval of the Director of Development
Services.
AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
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DISCUSSION ITEMS:
Seasonal Parking Lots and Certificate to Operate
A suggestion from staff that the code be amended with the appropriate
forms to require a certificate to operate so that proper
intercoordination between departments takes place.. Glen Godfrey stated
that there will be a fee established by resolution and that a regular
public hearing will be held on this item.
Time Schedule for Land Use Element Amendments in 1984
Commissioner consensus was to move the second scheduled item forward
(L.U.E. 84-3) from July to June.
ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL RESOLUTION NO. 1315 WAS
ADOPTED WITH PROPOSED CHANGE IN SCHEDULE, BY THE FOLLOWING VOTE:
AYES: Higgins, Winchell, Livengood, Porter, Mirjahangir
NOES: None
ABSENT: Erskine, Schumacher
ABSTAIN: None
PLANNING COMMISSION ITEMS:
Commissioner Livengood requested an "Items Pending" category be added
to the last page of the agenda, listing on -going items, whether updates
are reported or not. Chairman Porter asked staff to include on that
list a report on the "blind spot" at Newland Center, next to the
bowling alley.
DEVELOPMENT SERVICES ITEMS:
Staff reported that the applicant for Conditional Use Permit No. 83-32
(which was tabled), has proposed other locations for approval of a teen
dance club. A meeting of the committee formed on this subject was
tentatively scheduled for 4:30 P.M. on January 10, 1984, in the
Conference Room.
Secretary Palin reported that the City Council sustained the action of
the Board of Zoning Adjustments on the appeal for Peter's Landing
(parking arrangement), and they approved an amendment to the Coastal
Land Use Plan at their January 3, 1984 meeting.
ITEMS DISTRIBUTED:
Notice of 1984 Planning Commissioners Institute in San Diego
Chairman Porter and Vice Chairman Livengood expressed an interest in
attending the 1984 Institute. Chairman Porter also mentioned that
another seminar at the UCI campus was set for March 10, 1984.
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Environmental Impact Report No. 83-3 (Graham Place)
Commissioner Livengood requested that copies of the EIR be sent to
members of the public who attended the scoping meeting.
Capital Improvement Program, 1984/85 Through 88/89
The preliminary program is scheduled to be submitted to the Planning
Commission for review on February 21, 1984.
ADJOURNMENT:
The Chairman adjourned the meeting at 11:15 P.M. to a 5:30 P.M. Study
Session on the subject of the proposed condominium conversion
ordinance, on January 17, 1984, in Room B-8.
Yt*4 W.Palin, Se retary Marcus M. Porter, Cha
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