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HomeMy WebLinkAbout1993-01-20 (8)APPROVED -2/2/93 -------------- --------------- MINUTES HUNTINGTON BEACH PLANNING COMMISSION JANUARY 20, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Inglee, Bourguignon, Biddle, Richardson, Dettloff, A P Newman, Gorman A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 REVIEW OF CONDITION NO. la. AND NO. 3a. OF TENTATIVE TRACT MAP NO. 13439 (CONTINUED FROM THE JANUARY 5, 1992 PLANNING COMMISSION MEETING): APPLICANT: The Dahl Company LOCATION: 1,000 feet south of Ellis Avenue approximately 700 feet west of Goldenwest Street The review of the unit siting plan for Lot 9 and the review of the landscape plan for Conditional Use Permit No. 89-6(A)/Tentative Tract No. 13439 were continued to the January 20, 1993 Planning Commission meeting in order for staff to review additional information. STAFF RECOMMENDATION: Staff has reviewed the additional information and recommends approval of the unit siting for Lot 9 as submitted by the Dahl Company. Staff also recommends approval of the landscape plan as submitted for Conditional Use Permit No. 89-6(A)/Tentative Tract No. 13439. THE PUBLIC HEARING WAS OPENED. David Dahl, 123 Agate, Balboa Island, applicant, stated the plan had not changed significantly. Mr. Dahl said the changes were small to accommodate the adjacent neighbors concerns. Blair Dahl, 33 Morning Glory, Irvine, representing applicant, stated they have been involved with the residents and staff for the past six (6) months to try to meet the intent of the plan and satisfy the residents concerns. He also stated they had met with Dr. Chapman and made an agreement for a common fence between their two adjoining properties. George E. Arnold, PO Box 362, spoke in opposition to the request. Gerald Chapman, 6742 Shire Circle, stated he would accept the plan with the provisions that the design come before the Design Review Board before final approval and the landscape plan have additional conditions concerning the type of plants used. He also asked if the landscape plans met the mitigation measures of the Specific Plan and expressed concern with the stability of the slopes. Jack Bowland, 6881 Presido, stated he felt there was a significant safety hazard on Lot 3. He said valuable horses have been raised walking on sand, and if they use the trail, there is concern that the concrete on a portion of the trail will be hazardous. Counsel stated that the speaker (Jack Howland) was discussing issues not on the agenda and the Commission should refrain from discussion on this matter. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Biddle asked staff if the Dahl Company had any outstanding fees. Staff did not know the status. Counsel explained that the Planning Commissioners are not to look at financial aspects of the request or base findings on financial aspects. It was explained that they are only to look at land use issues and if the conditions of the project are being met. The Commission asked if the mitigation measures have been met in Condition No. 3. Staff stated they have been met. The Commission also questioned staff if the Dahl Company had been allowed 15 trees off -site. Staff stated that this was not true. PC Minutes - 1/20/93 -2- (5702d) A MOTION WAS MADE BY INGLEE, SECOND BY.BOURGUIGNON, TO APPROVE THE UNIT SITING PLAN DATED JANUARY 7, 1993 FOR LOT 9 OF TENTATIVE TRACT MAP NO. 13439 WITH CONDITIONS AND APPROVE THE LANDSCAPE PLAN DATED NOVEMBER 3, 1993 FOR CONDITIONAL USE PERMIT NO. 89-6(A)/TENTATIVE TRACT MAP NO. 13439, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 13439: 1. The plan dated received January 7, 1993 for the unit siting for Lot 9 of Tentative Tract No. 13439 shall be the approved layout. 2. Prior to issuance of building permits for Lot 9: a. The structure shall be reviewed by the Design Review Board. b. Adjacent property owners shall be notified of the Design Review Board Meeting. 3. The landscape plan dated November 3, 1992 shall be the approved layout. B-2 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION NO. 92-41: APPLICANT/ APPELLANT: Archeion LOCATION: 17311 Nichols Street (Bent Manufacturing) Conditional Exception No. 92-41 is a request to allow a reduced landscaping requirement (5.5% of the net site area in lieu of minimum 8%) for a newly constructed industrial building. The appeal, filed by the applicant (Archeion), is based on reasons involving undue hardship from the L-shaped site configuration, the nature of the business, drainage impacts to the rail spur, and the infeasible location of the planter in question. The applicant initially submitted a landscape variance request together with the Administrative Review and Negative Declaration applications in May, 1992. However, due to a lengthier processing time, the applicant elected to withdraw his variance application, and to pursue the landscape variance during the construction of the building. The applicant is now nearing final building inspection and is requesting approval of the variance. PC Minutes - 1/20/93 -3- (5702d) On December 16, 1992, the Zoning Administrator denied the request because it is a recent development and there is ample space on the site to add landscaping; and that there is not a land related hardship. The applicant has submitted a modified plan proposing to install additional landscaped planters in the front portion of the lot while deleting the 20' x 340' (6,800 square foot) planter. This proposal would increase the landscaping area to 5.9% of the net site area. STAFF RECOMMENDATION: Staff recommends the Planning Commission deny the appeal and sustain the Zoning Administrator's action by denying Conditional Exception No. 92-41 which would result in full installation of the required landscaping. The Commission stated stated their concern over setting a precedent, but felt that landscape at the railroad tracks would not do the public any good. THE PUBLIC HEARING WAS OPENED. Al Shankle, 1150 N. Richfield, Anaheim, representing applicant, gave a brief history of the request. The Commission asked if the 8% landscape defiency could be alleviated by eliminating parking spaces or were there any other options. Mr. Shankle stated that they have utilized the space to the best of their ability. Reuben Burrola, 6 Morgan, Ste. 100, Irvine, architect, explained to the Commission that the parking spaces were being reserved for future expansion of the business. George E. Arnold, PO Box 362, explained that you could not put landscaping around railroad tracks within 20-30 feet of track. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners regarding options on the 8% defiency in landscape. Some suggestions were possible turf block in the rear of the building, inclusion of all qualifying hardscape or reducing the width of the driveway. PC Minutes - 1/20/93 -4- (5702d) A MOTION WAS MADE BY BIDDLE, SECOND BY GORMAN, TO DENY THE APPEAL AND SUSTAIN THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 92-41 WITH FINDINGS, WITH THE DIRECTION THAT STAFF USE THE COMMISSION SUGGESTIONS TO ACHIEVE THE REMAINING 8% LANDSCAPE REQUIREMENT, BY THE FOLLOWING VOTE: AYES: Inglee, Biddle, Richardson, Dettloff, Gorman NOES: Bourguignon ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO. 92-41: 1. Granting of Conditional Exception 92-41 for reduced landscaping (5.5% in lieu of the required 8% of the site) would constitute a grant of special privilege inconsistent with limitations upon other industrial properties in the vicinity. New industrial developments are required to provide a minimum of eight (8%) percent landscaping throughout the site. 2. Because there are no special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zone classification. The property conforms with the minimum lot size and frontage requirements and is relatively flat. 3. The granting of Conditional Exception 92-41 is not necessary to preserve the enjoyment of one or more substantial property rights. The industrial property was recently approved for a new 100,000 sq. ft. building that complied with all provisions of the Huntington Beach Ordinance Code. Due to the size and design of the building, the alleged hardship was self-imposed. As a result, being aware of an eight 8% landscaping requirement, the applicant proposed a twenty foot wide planter along the west side of the rail spur to comply with code. 4. The granting of Conditional Exception 92-41 will be materially detrimental to the public welfare or injurious to property in the the same zone classification. The reduced landscaping requirement will set a precedent for such a request and may impact conforming industrial properties under the same zone classification. PC Minutes - 1/20/93 -5- (5702d) C. CONSENT CALENDAR C-1 BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 93-1: APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: Beach Boulevard between Heil and Warner Avenues The City of Huntington Beach Underground Utility District Committee is recommending an Underground Utility District for Beach Boulevard from Warner Avenue to Heil Avenue in order to remove 37 above ground power poles along the subject segment of Beach Boulevard. Prior to City Council action on the district, the Planning Commission must review the proposal for consistency with City's General Plan. STAFF RECOMMENDATION: Staff believes that the proposed Underground Utility District is consistent with goals and policies of the City of Huntington Beach General Plan. Staff recommends findings of consistency with the General Plan. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO FIND THE PROPOSED BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT TO BE CONSISTENT WITH COMPREHENSIVE PLANS FOR THE CITY BY MAKING FINDINGS CONSISTENT WITH THE GENERAL PLAN, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS OF CONSISTENCY - BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT NO 93-1 - HEIL AVENUE TO WARNER AVENUE: 1. The proposed Beach Boulevard Underground Utility District is consistent with the goals and objectives of the Huntington Beach General Plan because it will enhance the aesthetics of highways and public rights -of -way in the City. 2. The proposed Beach Boulevard Underground Utility District furthers the goals and objectives of the Huntington Beach General Plan because it promotes the coordination of efforts between the City and utility companies to underground overhead utilities where possible. PC Minutes - 1/20/93 -6- (5702d) C-2 PLANNING COMMISSION MINUTES DATED NOVEMBER 4, 1992: A MOTION WAS MADE BY DETTLOFF, SECOND BY INGLEE, TO APPROVE THE PLANNING COMMISSION MINUTES DATED NOVEMBER 4, 1992, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Dettloff, NOES: None ABSENT: Newman ABSTAIN: Biddle, Gorman MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED NOVEMBER 17, 1992 A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO APPROVE THE PLANNING COMMISSION MINUTES DATED NOVEMBER 17, 1992, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Dettloff, NOES: None ABSENT: Newman ABSTAIN: Biddle, Gorman MOTION PASSED C-4 PLANNING COMMISSION MINUTES DATED DECEMBER 1, 1992 A MOTION WAS MADE BY INGLEE, SECOND BY DETTLOFF, TO APPROVE THE PLANNING COMMISSION MINUTES DATED DECEMBER 1, 1992, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Dettloff, NOES: None ABSENT: Newman ABSTAIN: Biddle, Gorman MOTION PASSED PC Minutes - 1/20/93 -7- (5702d) C-5 PLANNING COMMISSION MINUTES DATED DECEMBER 15, 1992 A MOTION WAS MADE BY DETTLOFF, SECOND BY INGLEE, TO APPROVE THE PLANNING COMMISSION MINUTES DATED DECEMBER 15, 1992, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: Biddle MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. DISCUSSION ITEMS E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Bourguignon - asked Mike Adams if anything could be done to ease the permit process when paying school district fees. Mr. Adams stated that a one stop permit process had been discussed within the City, but the school district is still not willing to have the the City take their fees. He stated that communications regarding this matter are still open. Commissioner Gorman - asked staff what the difference was with concrete equestrian trails and street trails, and where would the liability for accidents lie. Staff stated they would research and get back with a response. Commissioner Gorman also asked about the red curbing at Sixth and also on Brookhurst. Staff stated that the bus stop on Sixth was to keep the buses in the area but in the least disruptive place. The redcurbing on Brookhurst is because it is a designated bike lane. F. COMMUNITY DEVELOPMENT ITEMS None PC Minutes - 1/20/93 -8- (5702d) G . ADJOURNMENT A MOTION WAS MADE AT 8:45 PM BY GORMAN, SECOND BY BIDDLE, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON FEBRUARY 2, 1993 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: Mike Adams, Secretary Pla ning Commission Chairperson PC Minutes - 1/20/93 -9- (5702d)