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HomeMy WebLinkAbout1968-10-22MINUTES OF THE HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, OCTOBER 22, 1968 - STUDY SESSION NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. COMMISSIONERS PRESENT: Bazil, Duke, Tom, Lane, Slates, Miller, Bokor COMMISSIONERS ABSENT: None TENTATIVE TRACT MAP NO. 6675 CONDITIONAL EXCEPTION NO. 68-40 Subdivider: B. A. Berkus The Acting Secretary stated that this item was referred back to the Commission, together with a copy of City Attorney's memorandum, and that the Planning Commission is instructed to comply with such memorandum. Commissioner Bokor, Duke and Tom abstained because they were not present at the last meeting. The Staff Report for Conditional Exception No. 68-40 was read by the Acting Secretary. The plans for the proposal were reviewed by the Commission. Leo Rodkin, Attorney for the developer, addressed the Commission and stated his position on the matter. Marcus E. Crahan, Jr. , Attorney representing the homeowners in Huntington Harbour, addressed the Commission and spoke in opposition to the request. Mr. Crahan stated that he was concerned with the procedures followed by the Planning Commission. He further stated that the Commission must determine that a hardship exists and must support their determination with findings of fact. Several questions pertaining to the development were asked of Mr. Rodkin. He asked if Mr. Berkus could answer the questions since he was involved in the project from the beginning. Mr. Berkus made a presentation. The Commission held a lengthy discussion. The following findings of fact were agree to with respect to that portion of Conditional Exception No. 68-40 pertaining to the sub- division ordinance: 1. This property serves as a buffer zone between Coast Highway and the single family residence in Huntington Harbour. Minutes: H. B. Planningg Commission Tuesday, October 22, 1968 Page No. 2 2. The property will provide water frontage for each lot, 3. Each property owner is purchasing 5272 sq. ft. of property which he takes title to in two different ways; 4600 sq. ft. building site and 672 sq. ft. of common area. 4. Each lot will have access to the waterways with exclusive use of 1500 sq. ft. of the waterway for the purpose of mooring boats. AND WITH THE FOLLOWING CONDITIONS: 1, The minimum lot size shall be 4600 sq. ft. and shall be substantially the same as shown on the approved Tentative Map for Alternate B, received August 5,' 1968. 2. Common areas including private streets shall not be dedicated separate and apart from the individual parcel or dwelling unit. 3. All provisions for a community association and for perpetual maintenance of the common area and recreation area shall be approved by the Planning Department. and Legal Department. 4. The CC&R's, Articles of Incorporation, By -Laws and Management Contract shall be submitted to the Planning Department and Legal Department for approval. 5. The CC&R's shall contain at least the following provisions: a. The Recreation area shall be reserved for the exclusive use of residents within the project and their non-paying guests. b. Owners and/or tenants shall be required to abide by association rules and there shall be penalties for violation of said rules. c. Any interest in the common area (including private streets) held by the individual parcel owners cannot be devised, conveyed or dedicated separate and apart from the devise conveyance, and/or dedication of the individual parcel for a life in being plus 21 years, excepting this may be accomplished under the same conditions or grounds as are available under judicial partition. d. If the development is constructed in increments or several final maps, reciprocal CC&R's and reciprocal management agreement shall be established that will cause a merging of increments as they are completed. The end result shall be one homes association with common areas common to all and one management for the entire project. 6. A precise plan for development of lot 46 (the recreation area) shall be sub- mitted to the Planning Department for approval prior to issuance of building permits. 7. Approval of this conditional exception shall only apply to Tentative Tract Map No. 6675. 8. The minimum front yard setback shall be 10 ft. 9. Rear yard setback of 10 ft. shall be permitted for waterfront lots only, and the 900 sq. ft. of open space need not be provided. -2- 10/22/68 Minutes: H.B. Planning Commission Tuesday, October 22, 1968 Page No. 3 10. A 6 ft. high masonry wall shall be constructed along the south side of Street A. 11. If the streets are private, a lighting system shall be installed within the project equal in illumination to lighting on public streets. A lighting plan shall be submitted to the Department of Public Works for approval. 12. Two fully enclosed garages shall be provided for each unit. Said garages shall be equipped with automatic garage door openers. 13. All applicable City Ordinances shall be complied with. 14. Approval of this conditional exception shall only apply to Tentative Tract Map No. 6675. A MOTION WAS MADE BY SLATES AND SECONDED BY MILLER TO APPROVE THAT PORTION OF CONDITIONAL EXCEPTION NO. 68-40 PERTAINING TO THE SUBDIVISION ORDINANCE BASED ON THE AFOREMENTIONED.FINDINGS OF FACT AND WITH THE AFOREMENTIONED CONDITIONS AND RECOMMENDING APPROVAL BY THE CITY COUNCIL. ROLL CALL VOTE: AYES: Slates, Miller, Bazil, Lane NOES: None ABSENT: None ABSTAINED: Tom, Bokor, Duke THE MOTION CARRIED. A MOTION WAS MADE BY SLATES AND SECONDED BY MILLER TO APPROVE THAT PORTION OF CONDITIONAL EXCEPTION NO. 68-40 PERTAINING TO THE ZONING ORDINANCE BASED UPON THE FOLLOWING FINDINGS OF FACT: 1. This property serves as a buffer zone between Coast Highway and the single family residence in Huntington Harbour. 2. The property will provide water frontage for each lot. 3. Each property owner is purchasing 5272 sq. ft. of property which he takes title to in two different ways; 4600 sq. ft. building site and 672 sq. ft, of common area. 4. Each lot will have access to the waterways with exclusive use of 1500 sq. ft.' of the waterway for the purpose of mooring boats. AND WITH THE FOLLOWING CONDITIONS: 1. The minimum lot size shall be 4600 sq. ft. and shall be substantially the same as shown on the approved Tentative Map for Alternate B, received August 5, 1968. 2. Common areas including private streets shall not be dedicated separate and apart from the individual parcel or dwelling unit. 3. All provisions for a community association and for perpetual maintenance of the common area and recreation area shall be approved by the Planning Department and Legal Department. 4. The CC&R's, Articles of Incorporation, By -Laws and Management Contact shall b6 submitted to the Planning Department and Legal Department for approval. -3- 10/22/68 MINUTES: H.B. PlanningCommission Tuesday, October 22, 1968 Page No. 4 5. The CC&R's shall contain at least the following provisions: a. The Recreation area shall be reserved for the exclusive use of residents within the project and their non-paying guests. b. Owners and/or tenants shall be required to abide by association rules and there shall be penalties for violation of said rules. C. Any interest in the common area (including private streets) held by the individual parcel owners cannot be divised, conveyed or dedicated separate and apart from the devise conveyance, and/or dedication of the individual parcel for a life in being plus 21 years, excepting this may be accomplished under the same conditions or grounds as are available under judicial partition. d. If the development is constructed in increments or several final maps, reciprocal CC&R's and reciprocal management agreement shall be established that will cause a merging of increments as they are completed. The end result shall be one homes association with common areas common to all and one management for the entire project. 6. A precise plan for development of lot 46 (the recreation area) shall be submitted to the Planning Department for approval prior to issuance of building permits. 7. Approval of this conditional exception shall only apply to Tentative Tract Map No. 667 5. 8. The minimum front yard setback shall be 10 ft. 9. Rear yard setback of 10 ft. shall be permitted for waterfront lots only, and the 900 sq. ft. of open space need not be provided. 10. A 6 ft. high masonry wall shall be constructed along the sough side of Street A. 11. If the streets are private, a lighting system shall be installed within the project equal in illumination to lighting on public streets. A lighting plan shall be submitted to the Department of Public Works for approval. 12. Two fully enclosed garages shall be provided for each unit. Said garages shall be equipped with automatic garage door openers. 13. All applicable City Ordinances shall be complied with. 14. Approval of this conditional exception shall only apply to Tentative Tract Map No. 6675. ROLL CALL VOTE: AYES: Slates, Miller, Bazil, Lane NOES: None ABSENT: None ABSTAINED: Tom, Bokor, Duke THE MOTION CARRIED. -4- 10/22/68 Minutes: H. B. Planning Commission Tuesday, October 22, 1968 Page No. 5 RE -CONSIDERATION OF C-1 ZONE: The Acting Secretary informed the Commission that the C-1 zone was referred by the City Council to the Commission for review with the idea of either eliminating the district entirely or clarifying where the district can be used. The Planning Director made a presentation pertaining to intent and purpose of the C-1 zoning ordinance. Mr. Reynolds stated that the C-1 zone is a good restrictive zone, and is compatible with surrounding residential uses. He also stated that the problem may be within the intent and purpose of said zone. The Commission reviewed the requirements of the C-1 zone. A MOTION WAS MADE BY MILLER AND SECONDED BY DUKE TO REFER THE C-1 ZONE TO THE STAFF FOR FURTHER STUDY. ROLL CALL VOTE: AYES: Bazil, Duke, Tom, Lane, Slates, Miller, Bokor NOES: None ABSENT: None THE MOTION CARRIED. PLANNED DEVELOPMENT A MOTION WAS MADE BY SLATES AND SECONDED BY DUKE TO CONTINUE DISCUSSION ON PLANNED DEVELOP- MENT ORDINANCE TO NOVEMBER 19TH MEETING. ROLL CALL VOTE: _AYES: Bazil, Duke, Tom, Lane, Slates, Miller, Bokor NOES: None ABSENT: None THE MOTION CARRIED. DISCUSSION - CODE AMENDMENT NO. 68-9 The Planning Director made a state- ment pertaining to Code Amendment No. 68-9 and those areas of concern at the City Council meeting. The Commission held a discussion pertaining to the "0" rear yard setback,and "0" -exferior side:_yard setback. It was the consensus that "0' rear yards are not permitted on Arterial Highways and Waterways. Mr. Reynolds informed the Commission that a joint meeting with the City Council and Planning Commission will be held October 28, 1968, at 7:30 PM to further discuss Code Amendment No. 68-9. INFORMATION: The Planning Director informed the Commission that the City Council has requested minority reports from the Planning Commission on controversial matters. -5- 10/22/68 Minutes: H.B. Planning Commission Tuesday, October 22, 1968 Page No. 6 ",/ pe 6.-� G/q, K. A. Reynolds Secretary THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED TO JOINT MEETING ON OCTOBER 28, 1968, AT 7:30 P.M. Robert Da Bazil Chairman -6- 10/22/68