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HomeMy WebLinkAbout1999-04-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 13,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION — 5:30 PM COASTAL ELEMENT UPDATE — Mary Beth Broeren SMALL LOT STANDARDS — Wayne Carvalho AGENDA REVIEW — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P A ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 TENTATIVE TRACT MAP NO.15734/CONDITIONAL USE PERMIT NO. 98- 49/COASTAL DEVELOPMENT PERMIT NO.98-17/MITIGATED NEGATIVE DECLARATION NO.98-11 (SANDOVER): APPLICANT: Hearthside Homes, Inc., c/o Ed Mountford LOCATION: Southwest corner of Bolsa Chica Street and Los Patos Avenue. PROJECT PLANNER: Wayne Carvalho Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49, Coastal Development Permit No. 98-17 and Mitigated Negative Declaration No. 98-11 represent a request by Hearthside Homes, Inc. to subdivide approximately five (5) net acres for the construction of 16 single family residences. The request includes allowing perimeter wall heights of up to eight (8) feet, and residential building heights of up to 32 feet, 2 inches (measured from building pad to roof peak). STAFF RECOMMENDATION: The property is general planned and zoned for low density residential. The project complies with the General Plan and Zoning and Subdivision Ordinance. An environmental analysis has been prepared and a mitigated negative declaration is recommended. Staff supports the proposed subdivision based on the following reasons: ♦ The proposed single family residential subdivision is consistent with the Low Density Residential Land Use designation in the General Plan and zoning regulations. It is a traditional layout with minimum 6,000 square foot lots. ♦ The single family residences will be compatible with the existing residential uses across Los Patos Avenue and proposed land uses on the mesa (County of Orange). ♦ With the recommended conditions, the development of the six acre site will not have a negative impact on the environment and the sensitive environmental resources in the Bolsa Chica. In addition, the implementation of mitigation measures will minimize impacts to coastal views, drainage, and biological resources in the area. ♦ The project will provide public benefits including the dedication and full street improvements on Los Patos Avenue and Bolsa Chica Street adjacent to the tract, and a park access dedication to a proposed park. ♦ The project is designed to provide future access to the proposed development on the Bolsa Chica mesa through Bolsa Chica Street south of the subdivision. Interior streets are also designed to link to the proposed interior streets in the County area. ♦ The proposed subdivision is consistent with the goals and policies of the California Coastal Act and City's Local Coastal Program. The Commission discussed the easement to the proposed Parkside project adjacent to the site and emergency access and archeological concerns. THE PUBLIC HEARING WAS OPENED. Ed Mountford, 6 Executive Park, Irvine, applicant, gave a brief description of the company Hearthside, Inc. Mr. Mountford stated that the Sandover project is an important element to the larger plan for the area. He also stated that the architectural style would be a prototype for future build out on the Mesa. The Commission asked Mr. Mountford why they are requesting and eight (8) foot high wall on a berm when the code only calls for a six (6) foot high wall. The Commission was concerned about the height of the wall because in some places it would be 11 feet high with the proposed grading. Mr. Mountford stated that they want the eight (8) foot high capability on Bolsa Chica for noise reduction purposes. Bruce Peters, Californians for Bolsa Chica, 16922 Marina Bay Drive, spoke in support of the request. He stated the proposed project will provide public benefits, enhance local property values and complies with the city's development regulations. Bob Traver, 7402 Coho Drive, Huntington Beach Chamber of Commerce, spoke in support of the request. He stated the proposed project provides environmental protection to the area, provides trails, parks and open space and meets the city's development requirements. PC Minutes — 4/13/99 2 (99PCM413) 0 Connie Boardman, Bolsa Chica Land Trust, spoke in opposition to the mitigated negative declaration stating it was inadequate and that an environmental impact report should be completed for this project. Eileen Murphy, 201-21" Street, Bolsa Chica Land Trust, spoke in opposition to the mitigated negative declaration stating it was inadequate and that an environmental impact report should be completed for this project. Jan McKeever, PO Box 167, Sunset Beach, stated concern with the soils on the site and stressed that the City should build on this property responsibly. Bob Winchell, Huntington Beach Tomorrow, spoke in opposition to the mitigated negative declaration because it was inadequate. He stated there is strong evidence that an environmental impact report should be completed. Dean Albright, 17301 Breda Lane, Bolsa Chica Land Trust, stated concern that the water supply will be depleted for the Orange County area. He stated that there should be a moratorium on building in Huntington Beach until the water issues can be reconciled. Virginia Bickford, 11962 Cherry Street, Los Alamitos, California Cultural Resources Alliances, spoke in opposition to the mitigated negative declaration. She stated that this is a sensitive cultural area and was not sufficiently examined. Ms. Bickford stated that an environmental impact report should be completed. Ernest Bartolo, 6142 Jasonwood Drive, spoke in support of the request. He stated that the proposed development meets zoning and development requirements, is a balanced development and the developer has reduced the density. Mr. Bartolo stated that since 25% of the City's money comes from property taxes, the City should build some nice homes to receive greater tax revenues. Aimee Toth, 1928 Lake Street, spoke in opposition to the request stating she would prefer open space and the natural habitat. Paul Horgan, 207-21" Street, Bolsa Chica Land Trust, spoke in opposition to the mitigated negative declaration stating it was inadequate. He stated the project site should require an environmental impact report to be completed. Jan Vandersloot, 8108 Newman, #L, Bolsa Chica Land Trust, spoke in opposition to the mitigated negative declaration stating that an environmental impact report should be completed. Mark Hotchkiss, 1732 Harbor Way, Seal Beach, spoke in opposition to the mitigated negative declaration stating it failed to address the archeological issues of the area. He stated that a full environmental impact report should be completed for the site. Joey Racano, 301 Main Street, representing SHARK, spoke in opposition to the request. Mr. Racano stated concern with losing the natural wildlife that dwells on the mesa. Moira Hahn, 1732 Harbor Way, Seal Beach, Cultural Resource Conservancy, spoke in opposition to the mitigated negative declaration. She stated that the subject site has never had subsurface research and stated an environmental impact report should be completed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes — 4/13/99 3 (99PCM413) The Commission discussed fault line and archeological site issues. Staff stated that conditions of approval have been imposed on the proposed project to cover these issues._ The Commission also discussed the adequacy of the mitigated negative declaration and Environmental Impact Report No. 551. Staff explained that Environmental Impact Report No. 551 was certified by the County of Orange in 1996, which indicated that ORA-86 and ORA-83 were tested in 1973 and that the site was "radically disturbed," had a low artifact yield, and that no further investigation was required. Staff indicated that a condition requiring that all grading activities be monitored by a certified archaeologist be imposed on the project. Commissioner Biddle stated that he would not support approval of the mitigated negative declaration. He feels that there is sufficient evidence to warrant an environmental impact report. A MOTION WAS MADE BY LAIRD, SECONDED BY SPEAKER, TO APPROVE MITIGATED NEGATIVE DECLARATION NO.98-11 WITH MODIFIED FINDINGS AND MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Speaker, Livengood NOES: Chapman, Biddle ABSENT: Mandic ABSTAIN: None MOTION PASSED Commissioner Biddle stated that he would not support the proposed project because the General Plan supports denial by stating that Open Space and Natural Resources should be protected and effects to wetlands should be reduced. Commissioner Kerins stated that he could not support the proposed request because he feels it is piece meal planning. He stated the project should be continued until legal issues with the annexation process are resolved and the project can be viewed in comparison with development plans for adjacent properties. Commissioner Livengood stated he feels the project is legally in conformance with land use regulations and because of that feels obliged to approve; however, he would only support a six (6) foot high perimeter wall on top of the berm. Commissioner Speaker stated that the property owner has property rights and since the property owner is meeting all building code requirements he will support approval of the request. •� A MOTION WAS MADE BY LAIRD, SECONDED BY SPEAKER, TO APPROVE TENTATIVE TRACT MAP NO. 15734, CONDITIONAL USE PERMIT NO.98-49 AND COASTAL DEVELOPMENT PERMIT NO.98-17 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Speaker, Livengood NOES: Kerins, Chapman, Biddle ABSENT: Mandic ABSTAIN: None MOTION FAILED THIS ITEM WILL AUTOMATICALLY BE CONTINUED TO THE APRIL 27 1999 MEETING. PC Minutes — 4/13/99 4 (99PCM413) FINDINGS FOR APPROVAL - MITIGATED NEGATIVE DECLARATION NO.98-11: 1. Mitigated Negative Declaration No. 98711 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were responded to, and the comments and responses were considered by the Planning Commission prior to action on Mitigated Negative Declaration No. 98-11, Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17. 2. The only potentially significant impact identified in the Initial Study prepared for the TTM/CUP/CDP related to views from existing residences resulting from cut and fill necessary to provide for adequate drainage. A mitigation measure addressing this potential impact, attached hereto and shall become part of the project conditions of approval, (unless superceded by more restrictive TTM/CUP/CDP conditions), and will avoid or reduce the project's effects to a level of less than significant. 3. In addition to the mitigation measure identified in the Initial Study, the City has identified additional mitigation measures for impacts that were identified as less than significant in the Initial Study, and which will further minimize and reduce these less than significant impacts. These are included in the project conditions of approval and are identified therein as mitigation measures. These mitigation measures will help minimize less than significant impacts to: ♦ grading activities as it relates to hydrology, drainage and runoff; ♦ water quality management planning; ♦ biological and cultural resources; ♦ construction traffic and air quality; ♦ outdoor lighting; ♦ public services and utilities; and ♦ affordable housing requirements. 4. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated through the mitigation measures and conditions of approval adopted for Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17, will have a significant effect on the environment, and compliance with these mitigation measures and conditions shall be monitored and reported on through a mitigation monitoring program adopted by the City. 5. Mitigated Negative Declaration No. 98-11 reflects the independent judgement and analysis of the Planning Commission. PC Minutes — 4/13/99 5 (99PCM413) C. CONSENT CALENDAR A C-1 PLANNING COMMISSION MINUTES DATED MARCH 30, 1999 A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 30, 1999, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood NOES: None ABSENT: Mandic ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS E-2 PLANNING COMMISSION INOUIRIES/COMMENTS Commissioner Livengood- congratulated Scott Hess on his promotion to Principal Planner. The other Commissioner's expressed their congratulations also. F. PLANNING ITEMS Scott Hess, Principal Planner — restated actions taken at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Principal Planner — reviewed items for the'Apri127, 1999 Planning Commission meeting. PC Minutes — 4/13/99 r (99PCM413) G 1 G. ADJOURNMENT — Adjourn to the April 27,1999 meeting. A MOTION WAS MADE BY LAIRD, SECONDED BY CHAPMAN, TO ADJOURN TO A 5:15 PM STUDY SESSION ON APRIL 27,1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood NOES: None ABSENT: Mandic ABSTAIN: None MOTION PASSED /kjl APPROVED BY: ' 14M41 V16 Howard Zelefsk ecretary PC Minutes — 4/13/99 7 (99PCM413)