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HomeMy WebLinkAbout1988-09-20APPROVED ll/l/88 MINUTES HUNTINGTON BEACH PLANNING COMMISSION SEPTEMBER 20, 1988 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega P P Higgins, Bourguignon A. CONSENT CALENDAR A-1 GENERAL PLAN CONFORMANCE NO, 88-6 REQUEST: Street and alley vacation LOCATION: Pine Street between Seventeenth Street and Utica Avenue; and Seventeenth Street between Yorktown Avenue and Utica Avenue; and alleys in blocks 1901 and 1902 of Tract 12. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO CONSIDER GENERAL PLAN CONFORMANCE NO. 88-6 WITH ITEM C-3 (ZONE CHANGE NO. 88-13/TENTATIVE TRACT NO. 13569/USE PERMIT NO. 88-32/NEGATIVE DECLARATION NO. 88-20/CONDITIONAL EXCEPTION (VARIANCE) NO. 88-34), BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY ORTEGA, GENERAL PLAN CONFORMANCE NO. FOLLOWING VOTE: AYES: Slates, Livengood, NOES: Silva, Bourguignon ABSENT: None ABSTAIN: Higgins MOTION PASSED Silva, Leipzig, Ortega, Higgins, SECOND BY LIVENGOOD, TO DENY 88-6 WITH FINDINGS, BY THE Leipzig, Ortega FINDINGS FOR DENIAL: 1. 2. 3. 4. B. The proposed street and alley vacation will create traffic and safety problems for the adjacent single family residential neighborhood, police facilities and civic center. The number of daily vehicle trips generated by the proposed development after street vacations will cause undue traffic problems for the adjacent neighborhood. The proposed Oldtown development is not compatible with the existing R1 neighborhood. The proposed street and alley vacation is inconsistent with the goals and objectives of the General Plan. ORAL COMMUNICATIONS Item D-1 was discussed under Oral communications. It was recommended to schedule Bond Amount for Equestrian Facilities relative to Residential Subdivisions in the Ellis/Goldenwest Area for the September 27, 1988 Planning Commission meeting under A-1 and accept public testimony. A MOTION WAS MADE BY LEIPZIG, SECOND BY LIVENGOOD, TO CONTINUE DISCUSSION ON BOND AMOUNT FOR EQUESTRIAN FACILITIES TO THE SEPTEMBER 27, 1988 PLANNING COMMISSION MEETING, TO SCHEDULE AS A-1 AND ACCEPT PUBLIC TESTIMONY, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTIAN: None MOTION PASSED Silva, Leipzig, Ortega, Higgins, PC Minutes - 9/20/88 -2- (1468d) 1 C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO. 87-39/COASTAL DEVELOPMENT PERMIT NO. 87-29/NEGATIVE DECLARATION NO, 87-38 (CONTINUED FROM SEPTEMBER 7, 1988 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY On September 29, 1987, staff transmitted Conditional Use Permit No. 87-39, Coastal Development Permit No. 87-29 and Negative Declaration No. 87-38 to the Planning Commission for action. At that time, the Planning Commission continued the items to December 15, 1987, pending adoption by the State of Bolsa Chica State Beach General Plan Amendment. On September 7, 1988, staff requested continuance of these items to September 20, 1988, so that parking structure plans could be completed which would comply with the requirements of the State Beach General Plan. The Commission approved the continuance but later in the meeting further continued the item to a Special Meeting on September 27, 1988. Staff had already advertised Conditional Use Permit No. 87-39, Coastal Development Permit No. 87-29 and Negative Declaration No. 87-38 for the September 20, 1988 meeting. Since that time, staff has re -advertised the hearing for September 27, 1988. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 87-39, Coastal Development Permit No. 87-29 and Negative Declaration No. 87-38 to September 27, 1988. A MOTION WAS MADE BY ORTEGA, SECOND BY SILVA, TO CONTINUE CONDITIONAL USE PERMIT NO. 87-39, COASTAL DEVELOPMENT PERMIT NO. 87-29, AND NEGATIVE DECLARATION NO. 87-38 TO THE SEPTEMBER 27, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 9/20/88 -3- (1468d) C-2 USE PERMIT NO 88-34/CONDITIONAL EXCEPTION (VARIANCE) NO. 88-85/TENTATIVE PARCEL MAP NO 88-275/NEGATIVE DECLARATION N0. 88-22 (CONTINUED FROM AUGUST 16, 1988 PLANNING COMMISSION MEETING) APPLICANT: CARDINAL DEVELOPMENT CO. Use Permit No. 88-34, Conditional Exception (Variance) No. 88-85, Tentative Parcel Map No. 88-275 and Negative Declaration No. 88-22 were continued from the August 16, 1988 Planning Commission meeting. The applicant originally submitted a project which depicted approximately 32,000 square feet of auto retail and service area with variances for 20 tandem compact parking spaces and a tentative parcel map which will consolidate four (4) parcels into one (1) parcel. The applicant has submitted a revised project which depicts approximately 25,000 square feet of auto services and a 2,200 square foot drive-thru restaurant. The variance request has been modified to seek only 14 tandem compact parking spaces. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-22 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued. STAFF RECOMMENDATION: Deny Use Permit No. 88-34, Conditional Exception (Variance) No. 88-85 and Tentative Parcel Map No. 88-275 with findings. THE PUBLIC HEARING WAS OPENED Carl Middleton, applicant, spoke in support of the request. He stated his intended desire is to be a good neighbor and to comply with all conditions and mitigations to alleviate any complaints or concerns. Craig Combs, architect for the project, spoke in support of the request and showed slides of the proposed development. Kenneth K. Inouye, 1932 Worchester Lane, said if the City could assure him and his neighbors that code violations would be enforced that it would alleviate his concerns with the project. Larry Wehrek, 19271 Worchester, addressed his concerns with fumes and noise emanating from the proposed project. He stated he presently is impacted from the adjacent Honda Dealer. He is also concerned with the service bays. There were no other persons present to speak for or against the proposed project and the public hearing was closed. PC Minutes - 9/20/88 -4- (1468d) The Commission questioned the responses contained within Negative Declaration No. 88-22 and asked staff to analyze the responses in order to mitigate possible environmental impacts such as noise, fumes, light and glare. A continuance was suggested. A MOTION WAS MADE BY HIGGINS, SECOND BY ORTEGA, TO CONTINUE USE PERMIT NO. 88-34, CONDITIONAL EXCEPTION (VARIANCE) NO. 88-85, TENTATIVE PARCEL MAP NO. 88-275 AND NEGATIVE DECLARATION NO. 88-22 TO THE OCTOBER 4, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-3 ZONE CHANGE NO, 88-13/TENTATIVE TRACT NO. 13569/CONDITIONAL EXCEPTION (VARIANCE) N0. 88-34/USE PERMIT NO. 88-32/NEGATIVE DECLARATION NO, 88-22 APPLICANT: PACIFIC COAST HOMES Zone Change No. 88-13 is a request to change the zoning on approximately 17.5 acres from R1-0-CD (Low Density Residential combined with oil, Civic District) and R1-0 designated CF-C (Community Facilities - Civic) to Oldtown Specific Plan District Two, Civic District. Tentative Tract No. 13569 is a request to create a 96 lot single family subdivision consistent with the Oldtown Specific Plan standards. The lot sizes vary from 4,200 square feet to 5,300 square feet, and the overall density is 5.48 units per acre. Conditional Exception (Variance) No. 88-34 is a request to allow a cul-de-sac street length of 620 feet in lieu of a maximum length of 550 feet. Use Permit No. 88-32 is a request to reduce the sideyard setbacks on each lot from five (5) feet to three (3) feet. The proposed project involves a land exchange with the City, vacation of portions of Seventeenth Street, Pine Street, unimproved alleys, and alteration to the civic center site boundaries. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-20 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a mitigated negative declaration be issued. PC Minutes - 9/20/88 -5- (1468d) REDEVELOPMENT STATUS: The site is located within the Yorktown -Lake Redevelopment Project Area. The plan adopted in 1982 allows private uses when the zoning ordinance conforms to the General Plan; therefore, a zone change to a medium density zoning classification (Oldtown Specific Plan, District 2) is proposed. General development standards require all new buildings to complement the overall aesthetic and physical scale of the existing buildings within and adjacent to the Project Area. The proposed project consists of a two-story single family homes adjacent to the five -story civic center and one and two story residential neighborhoods. SPECIFIC PLAN: A portion of the site is zoned Oldtown Specific Plan and the remainder is proposed to be rezoned to this classification. Development will conform to all aspects of the specific plan except as permitted by Use Permit No. 88-32. STAFF RECOMMENDATION: A. Approve Negative Declaration No. 88-20 and Zone Change No. 88-13 and recommend adoption by the City Council. B. Approve Tentative Tract 13569, Conditional Exception (Variance) No. 88-34 and Use Permit No. 88-32, with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Bill Warkentin, applicant, gave a brief overview of the project and showed slides depicting the community context and archiectural: theme. Bob Bolen, 1818 Pine, spoke in opposition to the denseness of the proposed project and urged the Commission to deny the request. He also presented a petition opposing the project signed by his neighbors. Jay Osborn, 203 Utica, addressed his concerns with contaminated soil because of the abandoned oil wells on the site; dust from construction; and treatment of the cul-de-sac on Utica. He also requested improvement to the transportation corridor and suggested that it be developed as a greenbelt. Mrs. Tyler Brinker, 8122 Wadebridge Circle, urged the Commission to require developments to comply with all City codes in order to protect the standards of the City of Huntington Beach. She feels space is precious and breathing room is necessary. She feels 5 foot sideyards should be requested. George Abbond, 1848 Park Street, stated his concerns with the police exiting on Main Street, elimination of 50 parking spaces, 35 foot lots, closing of Seventeenth Street. He urged the Commission to deny the request and make the developer stick to the City codes. He also objected to the fact that he was not notified of the request. PC Minutes - 9/20/88 -6- (1468d) Barbara Milkovich, Historic Resources Board, explained she had been out of town for the last week and had just found out that a response was requested from her regarding the three industrial buildings at the southeast corner of Lake and Yorktown within the project area. She said they appear to be historically significant and may be eligible for nomination to the National Register of Historic Places. She requested more time be given to complete an environmental impact report and to do more research on the properties. Kurt Clemens, 1846 Lake Street, spoke in opposition to the proposed project. He said he has trouble sleeping now with all of the traffic and feels this project will create more. John French, 1722 Lake Street, said the car and pedestrian traffic on Lake Street is already too heavy and feels the land use designation should remain as Rl. He also suggested that a landscaped median be created on Lake Street to buffer noise from development and there be a buffer along the railroad right-of-way transportation trail. Bob Biddle, 1710 Pine Street, stated his concern with the approval of a zone change and feels that another project will be substituted for the one submitted. He also asked that Roger Slates abstain from voting on this project. R. L. Abramson, 1804 Alsuna Lane, said since the proposed project is in a redevelopment area and part of the Springfield Oil Project he feels there are potential impacts to surrounding areas. He would like alternate undeveloped sites explored. Wayne Brandt, 7402 Yellowtail Drive #205, said he has been looking at the metal buildings on Lake and Yorktown for three years and thinks they are an eyesore. Dick Dusterhoft, 1817 Park Street, said developers have the right to build and people have the right to object. He said he would like to see the development compatible with surrounding neighborhood and feels the developer has done his homework however still feels the proposed project is too dense. He would like the zoning to remain R1 with 50 foot lots and 5 foot sideyard setbacks. He requested that the people in the audience that supported R1 zoning with 50 foot lots to stand up; about 60 people responded. Glenn Quinliven, 1209 Pine Street, said since the proposed site was in a redevelopment zone that the tax revenues would not go to additional paramedics or police or fire protection. He feels Seventeenth Street should stay open and the cul-de-sac at Pine Street be eliminated. He would like to see Lake Street widened and opposes any proposed cul-de-sacing. Mark Porter, 19561 Topeka Lane, referred the Commission to the "People Care" television advertisement sponsored by Chevron (Huntington Beach Company). He does not feel that this much density should be allowed and urged denial of any zone change from R1. PC Minutes - 9/20/88 -7- (1468d) Chris Taylor, 1846 Pine Street, feels the mapping should remain 50 foot lots with no overflow of parking on Pine Street by City employees. Patty Gordon, 1846 Lake Street, said she supports the proposed project, however would rather see it R1 with 50 foot lots. She said the congestion in the area is terrible and would like Seventeenth Street to go all the way through. Bill Holman, applicant, spoke in support of the project. Bob Bolen, 1818 Pine, again spoke in opposition to the proposed project. He stated his preference to no walls, 50 foot lots, 5 foot sideyard setbacks. There were no other persons present to speak for or against the proposed project and the public hearing was closed. After a lengthy discussion it appeared the direction of the Planning Commission was towards denial. However, since this project would go forward to the City Council, the Planning Commisson made the recommendation for Oldtown Specific Plan District with "Q" requirements because they felt it would be more compatible for the area allowing 50 foot lots with one dwelling unit per lot. In addition they recommended Seventeenth Street remain open from Main Street to Lake Street and that no streets be cul-de-saced; 5 foot sideyards would not be excluded and would be required for sideyard setbacks. It was also felt that the railroad transportation corridor should be preserved forever and perhaps re-routed in the future and widened for a bike trail. Commissioner Bourguignon stated he felt developers should be well informed ahead of time what they will be allowed to develop in an area before they are allowed to spend time and money on plans that will not be approved. Due to possible conflict of interest Commission Higgins stated he would be abstaining. A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO DENY ZONE CHANGE NO. 88-13, TENTATIVE TRACT NO. 13569, CONDITIONAL EXCEPTION (VARIANCE) NO. 88-34, USE PERMIT NO. 88-32 AND NEGATIVE DECLARATION NO. 88-20, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, NOES: Silva, Bourguignon ABSENT: None ABSTAIN: Higgins MOTION PASSED Leipzig, Ortega 1 PC Minutes - 9/20/88 -8- (1468d) FINDINGS FOR DENIAL - ZONE CHANGE NO, 88-13: 1. The proposed density of 15 units per acre is not in harmony with the surrounding area, is too intense, and would have a negative impact upon the existing low -density residential neighborhood to the south, which is of a unique and special character. 2. Increased density does not provide adequate buffers to adjacent Police Department and the uses involved. 3. Increased density does not allow adequate traffic circulation for the area. 4. Increased density are not compatible with existing residential areas or the City Civic Center. 5. The proposed zone change would be detrimental to the health, welfare and safety of the adjacent neighborhood. 6. The number of daily vehicle trips generated by development after street vacations will cause undue traffic problems for the adjacent neighborhood. FINDINGS FOR DENIAL - TENTATIVE TRACT NO, 13569: 1. The proposed tentative tract which require streets and alley vacation will create traffic and safety problems for the adjacent single family residential development and within the proposed tentative tract boundaries. 2. The number of daily vehicle trips generated by development will cause undue traffic problems for the adjacent neighborhood. 3. The proposed tentative tract is inconsistent with the goals and objectives of the General Plan and zoning without the approval of Zone Change No. 88-13. 4. The proposed tentative tract will eliminate a heavily used bicycle lane and is inconsistent with the Circulation Element of the General Plan. 5. The proposed development does not include sufficient area for implementation of a future transit corridor system. 6. Lots less than 50 foot in width are not compatible with abutting residential lots which are 50 feet or greater in width. FINDINGS FOR DENIAL - USE PERMIT NO, 88-32: 1. The reduced side yard setback is not compatible with the surrounding area where 10 percent lot width sideyard setbacks are provided. PC Minutes - 9/20/88 -9- (1468d) FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO 88-34: 1. The increased cul-de-sac length will create traffic and safety problems for the residences on the proposed street. 2. The project can be redesigned to reduce the street length and provide additional buffer adjacent to the Civic Center. 3. Conditional Exception No. 88-34 is not necessary for the preservation and enjoyment of substantial property rights. C-4 ZONE CHANGE NO 88-14 A&B/TENTATIVE TRACT 13625/NEGATIVE DECLARATION NO, 88-25 APPLICANT: PACIFIC COAST HOMES/CITY OF HUNTINGTON BEACH Zone Change No. 88-14A is a request to rezone three blocks presently zoned R2 and R3 to Townlot Specific Plan, Section A, located on Blocks 422, 522 and 622 of Huntington Beach Tract, Seventeenth Street Section, bounded by Goldenwest Street, Palm Avenue, Twenty -Second Street and Orange Avenue. Zone Change No. 88-14B is a request to rezone two blocks presently zoned R3 and R4 to Townlot Specific Plan, Section A, located on Blocks 222 and 322 of Huntington Beach Tract, Seventeenth Street Section, bounded by Goldenwest Street, Orange Avenue, Twenty -Second Street and Walnut Avenue. Tentative Tract No. 13625 is a request for a single family residential subdivision which includes reconfiguring lots on two blocks bounded by Goldenwest Street, Palm Avenue, Twenty -Second Street and Pecan Avenue, by vacating a portion of the west side of Twenty -Second Street between Palm and Pecan and offsetting the alley approximately 15 feet to the east. The request also includes vacating portions of Olive Avenue, Pecan Avenue and Acacia Avenue between Goldenwest and Twenty -Second Street for purposes of cul-de-sacing those streets at their termination at Goldenwest Street and providing additional on -street parking. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-25 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No. 88-25 and Zone Change and recommend adoption by the City Council; and approve Tract 13625 with findings and conditions of approval. No. 88-14 A&B Tentative F� f] PC Minutes - 9/20/88 -10- (1468d) THE PUBLIC HEARING WAS OPENED Ron Eggleston, 404 Twentieth Street, stated he was not notified of the request. He spoke in opposition to the street closures because he feels they benefit only the builders. He questioned the parking pads and asked where the people at each end will park. He feels cul-de-sacs create problems by providing more beach -goer parking and that buffer walls are eyesores. Erna Markwith, 628 Nineteenth Street, expressed her concerns with the cul-de-sacs. She feels they will impact Orange and Palm and since these streets contain homes (with front doors facing the street), two schools, and bike lanes they will create traffic and safety hazards. She further stated she was notified, however most of her neighbors were not. Dave Albert, 6762 Presidente Drive, said he likes the proposed single family development however is concerned with the cul-de-sacs. He said the vehicle speeds presently in the area are hazardous. He would like to see the signs advertising the models and the model homes moved down one block closer to Acacia. Garey Cooper, 627 Nineteenth Street, spoke in favor of the proposed single family homes. He stated his home fronts Palm Avenue, which is already a drag strip, and feels the development will create more traffic and noise, especially with cul-de-sacs. He feels pedestrian safety should be a concern. Peter Kelley, 403 Nineteenth Street, spoke in opposition to the cul-de-sacs since they do not benefit homeowners and cause traffic impacts. He is in favor of the proposed single family development. Liz Berry, 323 Twentieth Street, said the traffic is already unbearable on Orange Avenue and is fully opposed to cul-de-sacs and vacating streets. Natalie Kotsch, 1722 Park Street, spoke in favor of the proposed plans however feels that fences are needed in the Townlot area because they work, they allow privacy for the residents and provide security. She is concerned about the walls on Goldenwest. Glenn Cardosa, representing the applicant, stated he is pleased and proud to apply for a "down -zone". He feels the proposed project is needed in the area. He stated that over 500 people in the surrounding neighborhoods were notified ahead of time and the proposed plans presented to them. Linda Leach, 402 Twentieth Street, spoke in opposition to the cul-de-sacs. She feels when traffic circulation is cut off it causes many problems. PC Minutes - 9/20/88 -11- (1468d) Sam Zappia, 226 Seventeenth Street, feels residents in the area need a way to exit the area (to get to work, etc.) and with the addition of more people (averaging 4 to 5 cars per house) that cul-de-sacing will create a tragedy. He said there are already an overflow of cars in the area parking in the alleys. There were no other persons present to speak for or against the request and the public hearing was closed. The Commission agreed that the proposed project was a compatible plan for the area. They felt that guest parking for homes fronting Goldenwest Street would have to be redesigned if cul-de-sacs were removed. Due to a possible conflict of interest Commissioner Higgins stated he would be abstaining. A STRAW VOTE MOTION WAS MADE BY BOURGUIGNON, SECOND BY ORTEGA, TO NOT SUPPORT THE PROPOSED CLOSURE OF OLIVE, ACACIA AND PECAN AVENUES WHERE THEY TERMINATE AT GOLDENWEST STREET WITH CUL-DE-SACS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: None ABSTAIN: Higgins STRAW VOTE MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO CONTINUE ZONE CHANGE NO. 88-14 A&B, TENTATIVE TRACT NO. 13625 AND NEGATIVE DECLARATION NO. 88-25 TO THE SEPTEMBER 27, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: None ABSTAIN: Higgins MOTION PASSED IN COMPLIANCE WITH PLANNING COMMISSION BY-LAWS, SINCE IT WAS AFTER 11:00 PM, A MOTION WAS MADE BY LIVENGOOD, SECOND BY BOURGUIGNON, TO CONTINUE AGENDIZED PUBLIC HEARINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Silva, Leipzig, Ortega, Higgins, 1 �I PC Minutes - 9/20/88 -12- (1468d) C-5 ZONE CHANGE N0, 88-07/CONDITIONAL USE PERMIT NO, 88-16/TENTATIVE TRACT NO. 13269/NEGATIVE DECLARATION NO. 88-16 APPLICANT: THE DAHL COMPANY Zone Change No. 88-07 is a request to rezone a 4.55 gross acre site from RA-O-CD (Residential Agriculture District, Combined with Oil Production, Civic District) to (Q)R1(3)-0-8,000-CD (Qualified Low Density Residential District-3 units per acre -Combined with Oil Production -Minimum 8,000 Square Foot Lot Size -Civic District) which is consistent with the existing General Plan land use designation of Estate Residential-3 Units Per Acre located at the southeast corner of Ellis Avenue and Edwards Street. Conditional Use Permit No. 88-16 and Tentative Tract No. 13269 is a request to permit a 12 lot subdivision for the construction of 12 Estate Residential single family dwellings. Negative Declaration No. 88-07 is a request to declare that the project will not have a significant adverse impact upon the environment. ENVIRONMENTAL STATUS: The proposed subdivision is a 4.55 gross acre parcel located in a larger 160 acre quarter section bounded by Ellis Avenue, Edwards Street, Garfield Avenue and Goldenwest Street. In 1982, staff proposed Draft Ellis/Goldenwest Specific Plan and Environmental Impact Report No. 82-1 in order to implement development standards for this unique area. The Specific Plan and Environmental Impact Report were not adopted by the City Council thus a comprehensive environmental analysis has not been conducted nor certified by the City. STAFF RECOMMENDATION: A. Deny Negative Declaration No. 88-16 and direct applicant to prepare an Environmental Impact Report; and B. Continue Zone Change No. 88-07, Conditional Use Permit No. 88-16 and Tentative Tract No. 13269 until an Environmental Impact Report is prepared. THE PUBLIC HEARING WAS OPENED David Dahl, applicant, spoke in support of the request and stated acceptance of the conditions of approval imposed in the alternative. He pointed out that conditions regarding landscaping and signage at the corner of Ellis and Edwards, suggested at the Subdivision Committee meeting, were left out of the conditions and should be added. He further stated willingness to continue his request until the Ellis/Goldenwest Specific Plan was prepared. PC Minutes - 9/20/88 -13- (1468d) John Fisher, 6692 Shetland Circle, President of Country Estates Homeowners Association, urged denial of the request until such time as the Specific Plan is completed. John Boivin, 6671 Shire Circle, urged continuance of the request until a Specific Plan was developed. Debbie Cook, 6692 Shetland Circle, said the lots in the developments seem to be getting smaller, equestrian trails are not flowing through the tracts smoothly, and feels a Specific Plan is needed to address issues such as fencing, lights, and setbacks. Carrie Thomas, 6642 Trotter Drive, said traffic is getting so bad in the area that increased density is not needed. She said there is no parking at the stables and since the street dead -ends at the stable traffic problems are increasing. She urged continuance of the request until a Specific Plan is developed. Gerald Chapman, 6742 Shire Circle, feels there is a lack of a cohesive development plan in the area and urged the Planning Commission to put all development in the area on hold until a Specific Plan is prepared. There were no other persons present to speak for or against the proposed request and the public hearing was closed. The applicant was complimented on his patience and willingness to cooperate with the City in the preparation of the Specific Plan. The Commission requested staff to investigate the possibility of installing a stop sign at Ellis and Edwards. A MOTION WAS MADE BY ORTEGA, SECOND BY SLATES, TO DENY NEGATIVE DECLARATION NO. 88-16 AND DIRECT APPLICANT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT; AND CONTINUE ZONE CHANGE NO. 88-7, CONDITIONAL USE PERMIT NO. 88-16 AND TENTATIVE TRACT NO. 13269 TO THE JANUARY 18, 1989 PLANNING COMMISSION MEETING; AND TO PREPARE A SPECIFIC PLAN, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Silva, Leipzig, Ortega, Higgins, IJ 1 PC Minutes - 9/20/88 -14- (1468d) C-6 DEVELOPMENT AGREEMENT NO, 88-1 APPLICANT: DICK NERIO The proposed Development Agreement covers the area encompassed by the Meadowlark Specific Plan. The Specific Plan was adopted by the City Council on February 1, 1988, and provides for 15 acres of retail commercial development along Warner Avenue, and 50 acres of residential development to the north of the commercial site. The residential portion will consist of a mix of product types, not to exceed 600 units overall (an average of 12 units per acre). The Specific Plan also governs such items as buffer areas, circulation in and around the Plan area, and phasing requirements. The Development Agreement outlines the rights and responsibilities of the City and the Developer with regard to future development on the site. ENVIRONMENTAL STATUS: The Development Agreement is covered by Environmental Impact Report No. 87-2, which was certified by the City Council on February 1, 1988. No further environmental review is necessary. STAFF RECOMMENDATION: Approve Development Agreement No. 88-1 by adopting Resolution No. 1404 with findings. THE PUBLIC HEARING WAS OPENED Bob Hopkins, attorney for applicant, spoke in support of the agreement, explained the proposed phasing of the development and made himself available to answer any questions. Stanley Fields, 16902 Canyon Lane, read a letter from the Fernhill Homeowners Association requesting buffer zones separating their property from the proposed development. George Michky, 16971 Ruby Circle, requested a 100 foot landscape buffer and additional setbacks from his property and the proposed development. John Ferrall, 4901 Seapine Circle, requested a continuance of the development agreement until such time as the airport is closed. Guy Van Patten, 4842 Curtis Circle, said he didn't understand why he and his neighbors were not notified of the hearing. He also doesn't understand why Mr. Nerio now wants 20 years to develop the property that he feels should be developed in 2 years. He feels an appropriate zoning for the area would be "the twilight zone". Dick Lutz, 4911 Seapine Circle, requested that the Commission require a phasing schedule before approving the agreement. PC Minutes - 9/20/88 -15- (1468d) Cheryle Browning, 16771 Roosevelt Lane; Pat Hochschild, 4841 Curtis Circle; Sally Graham 5161 Gelding Circle; Mark Browning, 16771 Roosevelt Lane; and Nancy Van Patten, 4842 Curtis Circle all spoke in opposition to the development agreement and felt the development should be built before 20 years. Dick Nerio, applicant, urged approval of the development agreement. He said he was anxious to get started on the development and that closure of the airport would be a slow process however was willing to start cessation activities. He was asked if it was possible to cease airport activities by April 1989 and he said it would not be enough time. Dick Harlow, representing the applicant, stated the airport could be closed 18 months from the effective date of the development agreement. There were no other persons present to speak for or against the agreement and the public hearing was closed. Due to possible conflict of interest Commissioner Slates stated he would be abstaining. The Commission felt the agreement should be for a period of 10 years with airport closure in September 1989 and commencement of construction 30 months from date of approval. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BOURGUIGNON, TO APPROVE DEVELOPMENT AGREEMENT NO. 88-1 BY ADOPTING RESOLUTION NO. 1404, WITH CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, NOES: Ortega, Leipzig ABSENT: None ABSTAIN: Slates MOTION PASSED FINDINGS FOR APPROVAL: Higgins, Bourguignon 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable Specific Plan because its intent is to facilitate the implementation of the adopted Meadowlark Specific Plan. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the property is located, which is the Meadowlark Specific Plan. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use practice. PC Minutes - 9/20/88 -16- (1468d) 1 LJ 4. The Development Agreement will not be detrimental to public health, safety and general welfare. 5. The Development Agreement will not adversely affect the orderly development of property values. CONDITIONS OF APPROVAL: a. The Agreement shall be for a maximum period of ten (10) years. b. Provision added to assure that Meadowlark Airport shall cease to operate no later than September 1, 1989. C. A development plan must be submitted and acted upon within 24 months of the effective date of the Development Agreement and building permits obtained within 30 months of effective date of the Development Agreement. D. ITEMS NOT PUBLIC HEARING D-1 BOND AMOUNT FOR EQUESTRIAN FACILITIES RELATIVE TO RESIDENTIAL SUBDIVISIONS IN THE ELLIS/GOLDENWEST AREA RECOMMENDATION: Approve bond amount as recommended by staff. This item was heard under B (Oral Communications) Items. A MOTION WAS MADE BY LEIPZIG, SECOND BY LIVENGOOD, TO CONTINUE DISCUSSION ON BOND AMOUNT FOR EQUESTRIAN FACILITIES TO THE SEPTEMBER 27, 1988 PLANNING COMMISSION MEETING, TO SCHEDULE AS A-1 AND ACCEPT PUBLIC TESTIMONY, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTIAN: None MOTION PASSED E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES The following items were added to the inquiries list: 8 FOOT WALL AT OKTOBERFEST - Is it legal? PC Minutes - 9/20/88 -17- (1468d) FOUR-PLEX ON ROOSEVELT AVENUE (MOODY PROPERTY) - owner is requiring on -street parking by the residents. Garages are not being used for parking cars. There are already 10 cars parked on the street. FOR RENT SIGNS AND SALES OFFICE TRAILER - SOUTHEAST CORNER MOODY/PEARCE HUNTINGTON BAY AND RACQUET CLUB - A formal letter from the City Attorney's office was requested concerning the validity of the coastal development permit issued at the Huntington Bay and . Racquet Club. G. PLANNING COMMISSION ITEMS Commission requested a code amendment be prepared requiring any development project (4 units or more) in a redevelopment area be signed by a licensed Landscape Architect. H. COMMUNITY DEVELOPMENT ITEMS None I. ADJOURNMENT A MOTION WAS MADE AT 1:15 AM BY LEIPZIG, SECOND BY SLATES, TO ADJOURN TO A SPECIAL STUDY SESSION, TUESDAY, 6:00 PM, SEPTEMBER 27, 1988, IN ROOM B-8, AND THEN TO A SPECIAL MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED MINUTES APPROVED: 01 �U, kwy Mike Ad ms, Secretary Victor Leipzig, C air an 1 PC Minutes - 9/20/88 -18- (1468d)