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HomeMy WebLinkAbout1969-03-04MINUTES OF THE HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. TUESDAY, MARCH 4, 1969 COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Bazil, Bokor; Slates, Miller, Tom, Porter Duke PLOT PLAN AMENDMENT NO 69-2 Applicant - R. J. Zinngrabe Plot Plan amendment to Use Permit No. 68-47 for the purpose of relocating the 143 bed convalescent hospital from the north one half of Lot 9 to the north one half of Lot 7, Block G. Tract No. 7. Located on the west side of Stang Lane, 750 feet north of Garfield Avenue. The Acting Secretary read a letter submitted by R. J. Zinngrabe, requesting two weeks contin- uance. A MOTION WAS MADE BY MILLER AND SECONDED BY TOM TO CONTINUE PLOT PLAN AMENDMENT NO. 69-2 TO MARCH 18, 1969, AT THE APPLICANT'S REQUEST. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Tom, Porter NOES: None ABSENT: Duke THE MOTION CARRIED. TENTATIVE TRACT MAP NO 6874 CONDITIONAL EXCEPTION NO 69-5 Applicant - Aetna Savings and Loan Assoc. To allow the subdivision of a parcel of land into lots having an average frontage of 35 ft. and an area of 5,600 sq. ft. of lot width and 6,000 sq.,_ft. lot area. Located southwest of Channel Lane, between Admiralty Drive and Broadway Street. The Staff Report was read by the Acting Secretary. A letter submitted by Nevin Shade opposing said conditional exception was read by the Acting Secretary. A video type of the subject property and surrounding property was shown to the Commission. The hearing was opened to the audience. COMMISSIONER DUKE: Commissioner Duke arrived at 7:15 P.M. and assumed his duties. -1- Minutes:• H-.~B. Planning Commission Tuesday, March 4, 1969 Page No. 2 James Nachazel, engineer for the subdivider, addressed the Commission and objected to condition # 19 which would require the channel to be widened to 75 ft. The following property owners addressed the Commission and opposed the request: Mr. Jones, Bay View Drive, and Art Knox, Huntington Harbour. Mr. Jones sub- mitted a petition signed by 20 property owners in the area objecting the proposal. Mr. Steverson, Bay View Drive, addressed the Commission and spoke in favor of the request but stated that he wants his property to be properly drained. -Commission discussion followed. A MOTION WAS MADE BY DUKE AND SECONDED BY MILLER TO DENY TENTATIVE TRACT MAP NO. 6874 FOR THE FOLLOWING REASONS: 1. The City has recently adopted a code amendment requiring.lots - to average 6000 sq. ft. in area over each 6 contiguous lots for all subdivisions throughout the city. 2. The lots within this tract are substandard. 3. Huntington Harbour Corporation and property owners on adjacent property to the southwest are in litigation over several buildings and/or structures encroaching upon the area of the subject request. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Tom, Duke, Porter NOES: None ABSENT: None THE MOTION CARRIED. A MOTION WAS MADE BY MILLER AND SECONDED BY DUKE TO DENY CONDITIONAL EXCEPTION NO. 69-5 FOR THE FOLLOWING REASONS: 1. The City has recently adopted a code amendment requiring lots to average 6000 sq. ft. in area over each 6 contiguous lots for all subdivisions throughout the city. 2. The lots within this tract are substandard. 3. Huntington Harbour Corporation and property owners on adjacent property to the southwest are in litigation over several buildings and/or structures encroaching upon the area of the subject request. 4. Tentative Tract Map No. 6874 was denied. ROLL CALL VOTE: AYES: Bazil, Bokor, Slatep, Miller, Tom, Duke , Porter NOES: None ABSENT: None THE MOTION CARRIED. -2- Minutes: H. B. Planning'Commission Tuesday, March 4, 1969 Page No. 3 CONDITIONAL EXCEPTION NO 69-2 Applicant - Harbour Volkswagen, Inc. To permit the use of a trailer as an office facility until the permanent office structure is completed for Harbour Volkswagen, Inc., in the C-4 Highway Commercial District. Located on the west side of Beach Blvd., approximately 1,050 feet south of Ellis Avenue. A letter submitted by R. M. Ferguson, explaining the temporary structure was submitted to the Commission. The Staff Report was read by the Acting Secretary. The hearing was opened to the audience, there being no comment the hearing was closed. A MOTION WAS MADE BY TOM AND SECONDED BY BOKOR TO APPROVE CONDITIONAL EXCEPTION NO. 69-2 UPON THE FOLLOWING CONDITION: 1. Approval shall be limited to six months and successive renewals may be granted under the provisions of Section 9730.25.3 of the Huntington Beach Ordinance Code permitting continuation of the application if construction is proceeding without undue delay. , AND FOR THE FOLLOWING REASON: 1. The use has expanded beyond the present office facilities and the applicant is in the process of obtaining plans and bids for construction of a permanent used car facility. ROLL CALL VOTE: AYES: Bazil, Bokor, Miller, Slates, Tom, Duke, Porter NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO 69-6 Applicant --Kent Rogers , ., - To permit the operation of auto dismantling business and retail sales of auto parts in the M-1 Light Industrial District. Located on the west side of Gothard Street, 1160 feet north of Ellis Avenue. Commissioner Slates excused himself from participating in this matter because of his association with the property owners agent. The Staff Report was read by the Acting Secretary. A letter submitted by the La Bolsa-,`Tile Company, opposing the request was read by the Acting Secretary. -3- Minutes: H.B. Planning Commission Tuesday, March 4, 1969 Page No. 4 The Commission viewed a video tape of the subject property and surrounding area. audience. The hearing was opened to the Sam Retman, prospective purchaser, - addressed the Commission and gave his reasons for the request. Mr. Retman stated that it would be impossible to operate and maintain an auto dismantling business inside of a building as required by ordinance. Mrs. Patricia Denslow, nearby property owner, addressed the Commission and opposed the request. Mrs:. Denslow stated that this type of use will downgrade the area. There being no other comment, the hearing was closed. Commission discussion was held. A MOTION WAS MADE BY BOKOR AND SECONDED BY.MILLER TO APPROVE CONDITIONAL EXCEPTION NO. 69-6 UPON THE FOLLOWING CONDITIONS: 1. The use shall conform with requirements of S. 9533.1, Motor Vehicle Storage Yard, except the required masonry wall may be constructed of metal baked aluminum subject to review:by-the Bbard',of Zoning­=justments on or be -fore March 4,'1972, to insure permanence and maintenance of said wall. 2. Vehicular access shall be approved by the Traffic Engineer. 3. A Division of Land application shall be filed and approved prior to the issuance of building permits. 4. Gothard Street shall be dedicated and fully improved to City Standards. Improvements shall include street lights, street trees, fire hydrants, sewer and water main extensions. 5. A plot plan depicting off-street parking, landscaping, sales and storage areas, setbacks, etc. shall be submitted and approved by the Planning Department prior to issuance of permits. 6. Water supply shall be through the City of Huntington Beach's water system. 7. Sewage disposal shall be through the City of Huntington Beach's sewage system. 8. The water, sewer and fire hydrant system shall be aproved by the Department of Public Works and Fire -Department. 9. The property shall participate in the local drainage assessment district. 10. All utilities shall be installed underground: 11. Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire Department. -4- Minutes: H: B. Planning Commission Tuesday, March 4, 1969 Page No. 5 12. Conditional Exception No. 69-6 shall be subject to an -Admin- istrative Review before the Board of Zoning Adjustments on or before March 4, 1979, to determine if the conditions existing at present have materially changed to an extent requiring.a new application to the Planning Commission. Such Administrative Review shall be required every five years thereafter. 13. All other applicable provisions of Division 9 shall be complied with. 14. Stacking of ali'material (other than auto stacking which shall not be allowed) shall not exceed the height of the fence at its lowest point. 15. Said use shall be screened- from the Central City Park and other abutting uses. A plan depicting the proposed landscaping to accomplish this shall be approved by the Board of Zoning Adjustment. ROLL CALL VOTE: AYES: Bokor, Miller, Duke, Porter NOES: Tom, Bazil ABSENT: None ABSTAIN: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO 69-7 Applicant - Fairbanks Transportation Co. To allow camper travel trailer sales, service and supplies in the R-2 Two Family Residence District. Located at the southeast corner of 17th Street and Acacia Avenue. The Staff Report was read by the Acting Secretary. The Commission viewed a video tape of the subject property. The hearing was opened to the audience. The applicant addressed the Commission and gave his reasons for the request. There being no other comment, the hearing was closed. The Acting Secretary informed the Commission that the two existing oil wells on site have not been officially abandoned. Mr. Harlow suggested that this matter be continued to allow time for the staff to conduct a zoning study of this area for Planning'Commission consideration. Commission discussion followed. -5- Minutes: H. B. Planning Commission Tuedsay, March 4, 1969 Page No. 6 A MOTION WAS MADE BY TOM AND SECONDED BY DUKE TO CONTINUE CONDITIONAL EXCEPTION NO. 69-7 TO APRIL 1, 1969, TO ALLOW TIME FOR THE STAFF TO CONDUCT A ZONING STUDY OF THIS AREA TO BE PRESENTED TO THE PLANNING COMMISSION AT THE STUDY SESSION ON MARCH 25, 1969. ROLL CALL VOTE: AYES: Bazil, Bokor, Miller, Slates, Tom, Duke, Porter NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO 69-8 Applicant - Bill Ross and Leon Gainen To permit a batting cage in the C-4 Highway Commercial District. Located on the south side of Talbert, approximately 150 feet east of Beach Blvd. The Staff Report was read by the Acting Secretary. A video tape of the, subject pr6perty was shown. The hearing was opened to the audience. Leon Gainen, applicant, addressed the Commission and gave his reasons for the request. the hearing was closed. There being no other comment, A lengthy discussion was held by the Commission. A MOTION WAS MADE BY TOM AND SECONDED BY MILLER TO APPROVE CONDITIONAL EXCEPTION NO. 69-8 UPON THE FOLLOWING CONDITIONS: 1. The specie of trees to the north and adjacent to the batting cage shall be subject to approval by the Planning Department to assure maximum screening of the netting. 2. Maximum height of the super structure on which the nylon netting is to be placed shall not exceed 35 ft. 3. Driveways shall be at locations and to specifications as approved by the Traffic Engineer. 4. All applicable City Ordinances shall be complied with. 5. The primary means of access shall be from Talbert Avenue and the driveway location for such access shall be as far east as possible subject to approval by the Traffic Engineer. 6. There shall be no vehicular access between this use and the Der Wienerschnitzel unless otherwize required by the Traffic Engineer. AND FOR THE FOLLOWING REASON: 1. This commercial recreational facility is compatible with the area and approval does not set a precedent for other C-4 parcels. Minutes: H.B. Planning Commission Tuesday, March 4, 1969 Page No. 7 ROLL CALL VOTE: AYES: Tom, Porter, Miller, Bazil NOES: Slates, Duke ABSENT: None THE MOTION CARRIED. Commissioner Tom suggested that a study of commercial recreational uses be brought to the next study session for review. CONDITIONAL EXCEPTION NO 69-9 A-. C. Marion -Applicant To allow an idle oil well to be re -activated using existing equipment.. Located on the southwest corner of loth Street and Olive Avenue, in the R-4 Multiple Family Residence District. The Staff Report was read by the Acting Secretary. A letter submitted by Mr. and Mrs. John Turco, opposing the request was read by the Acting Secretary. The hearing was opened to the audience. A. C. Marion, applicant, ad- dressed the Commission and stated his reason for the request. Mr. Marion also stated that he is opposed to a time limitation, on said variance. the hearing was closed. There being no other comment, Commission discussion followed. A MOTION WAS MADE BY MILLER AND SECONDED BY SLATES TO APPROVE CONDITIONAL EXCEPTION NO. 69-9 WITH THE FOLLOWING CONDITIONS:. 1. Conditional Exception No 69-9 shall become null and void March 4, 1972. 2. The property shall be maintained in a neat, clean and orderly manner. 3. The old 10 ft. gas trap and miscellaneous lines not in use shall be removed. The area inside the fire wall shall be cleaned and maintained in a neat manner. 4. The identification sign shall be replaced. 5. Tanks shall"be repaired where needed and the tanks, heater, clarifier tanks, and pumping unit shall be painted with a color compatible with the residential area and kept in good repair. 6. All motive power shall be electric motor so as to be compatible with the sound -level of the surrounding neighborhood. -7- Minutes: H.B. Planning Commission Tuesday, March 4, 1969. Page No: 8 7. All provisions of the Huntington Beach Ordinance Oil Code and Fire Code shall be complied with. 8. The applicant shall appeal to the City Council under the provisions of the Oil Code for their determination as to whether such well is in fact an idle well. 9. Approval of Conditional Exception 69-9 shall be contingent upon the City Council finding that such oil well is not idle. AND FOR THE FOLLOWING REASON: 1. The owner has been in litigation trying to clear title of subject well for 236 years. It was the consensus of the Commission that this approval does not set a precedent for re- activation of other idle wells. ROLL CALL VOTE: AYES: Miller, Slates, Duke,•Bokor NOES: Tom, Bazil, Porter ABSENT: None THE MOTION CARRIED. RECESS CALLED! Chairman Bazil called a recess at 10:15 P.H. COMMISSION RECONVENED: Commission reconvened at 10:30 P.M. CODE AMENDMENT NO 69-2 PLANNED RESIDENTIAL DEVELOPMENT The Commission reviewed -the proposed Code Amendment pertaining to Planned Residential Develop- ments in the R-1, R-2 and R-3 zones. The hearing was opened to the audience. Bill Wren, Huntington Beach Company, addressed the Commission and stated that the Huntington Beach Company plans to operate within the�intent of the ordinance but that he was concerned with the flexibility provisions of the ordinance as it pertains to the permitted densities. Charles Liberto, Assistant City Attorney, stated that section "G" should be omitted until the City Attorney has had time to study such section and submit a written opinion on same. Chairman Bazil stated it was the consensus of the Commission that section "G" should not be deleted and if the City Attorney deems it necessary that section "G" be deleted, he may advise the City Council of same and the section may be deleted at the Council level. . Commissioner Duke stated that a public hearing should beheld on Site Plan procedure. There being no other comment, the hearing was closed. A MOTION WAS MADE BY TOM AND SECONDED BY SLATES TO RECOMMEND APPROVAL OF CODE AMENDMENT NO 69-2 BY THE CITY COUNCIL. -8- Minutes: H.B. Planning Commission Tuesday, March 4, 1969 Page No. 9 ROLL CALL VOTE: AYES: Bazil, Bokor, Miller, Slates, Tom, Duke, Porter NOES: None ABSENT: None THE MOTION CARRIED. Commissioner Duke's minority report was as follows: The proposed planned residential ordinance was accepted except he felt that a public hearing should be held on Site Plan procedure. CODE AMENDMENT NO 68-5 REAR YARDS ON LOT ABUTTING OPEN SPACE The Commission reviewed the proposed code amendment pertaining to minimum rear yard setback in the R-1 zone. Mr. Harlow stated that this amendment will allow the reduction to 5 feet on any lot abutting permanent open space. The hearing was opened to the audience, there being no comment the hearing was closed. A MOTION WAS MADE BY BOKOR AND SECONDED BY SLATES TO RECOMMEND APPROVAL OF CODE AMENDMENT NO 69-5 BY THE CITY COUNCIL. ROLL CALL VOTE AYES: Bazil, Bokor, Miller, Slates, Porter, Tom NOES: Duke ABSENT: None THE MOTION CARRIED. COMMISSIONER TOM: Commissioner Tom was excused from further partici- pation at 10:45 P.M. EXTENSION OF TIME - TENTATIVE TRACT MAP NO 6156 SUBDIVIDER: SHIELDS DEVELOPMENT The Acting Secretary read a letter submitted by Voorheis-Trindle-Nelson, Inc., engineers for the developer, requesting a one year extension on Tentative Tract Map 6156. The Staff Report was read by the Acting Secretary. A MOTION WAS MADE BY DUKE AND SECONDED BY MILLER TO APPROVE ONE YEAR EXTENSION OF TIME ON TENTATIVE TRACT MAP NO 6156 WITH THE FOLLOWING CONDITIONS: 1. A 2 ft. wide easement for utility purposes shall be provided adjacent to all sidewalks on streets less than 54 ft. wide. Construction of any vertical structures within said easement shall be approved by the Department of Public Works. 2. All conditions of the previously approved Tentative Map shall be complied with. Minutes: H. B. Planning Commission Tuesday, March 4, 1969 Page No. 10 ROLL CALL VOTE: AYES: Bazil, Bokor, Miller, Slates, Duke, Porter NOES: None ABSENT: Tom THE MOTION CARRIED. NEW LAYOUT - TENTATIVE TRACT MAP NO 6726 Subdivider: Wm Lyon Dev. City Engineer, Bill Hartge, presented a new layout of Tentative Tract Map No. 6726. Mr. Hartge explained that the reas for the revision is to provide for a better drainage pattern and to allow a reduced height for the perimeter wall on Edwards Street. A MOTION WAS MADE BY SLATES AND SECONDED BY BOKOR TO APPROVE THE NEW LAYOUT ON TENTATIVE TRACT MAP NO 6726. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Duke, Porter NOES: None ABSENT: Tom THE MOTION CARRIED. COMMUNICATION: The Acting Secretary read a legal notice submitted by the Westminster Planning'Commission pertaining to Zone Case No. R-145 change of zone from R-1 Single Family Residence District to C-2 "General Business". The Commission reviewed the request and it was the consensus of the Commission that this request was reasonable. DISCUSSION: The Acting Secretary informed the Commission that a representative from the Department of Housing and Urban Development met with members of the Department of Public Works. The representative informed the staff that in order to get federal funds from the Department of Housing and Urban Development, the City must be working on the Housing Element of the General Plan. Commission discussion followed. A MOTION WAS MADE BY SLATES AND SECONDED BY PORTER TO AUTHORIZE THE PLANNING STAFF TO PREPARE STUDIES AND TAKE THE NECESSARY STEPS TO ENABLE THE PLANNING COMMISSION TO ADOPT A HOUSING ELEMENT TO THE GENERAL PLAN. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Duke, Porter NOES: None ABSENT: Tom THE MOTION CARRIED. DISCUSSION: The Acting Secretary presented displays of a proposed perimeter wall for the Sea Aire West Mobile Home Park. The Commission reviewed the wall design. -10- Minutes, H.B. Planning Commission, Tuesday, March 4, 1969 Page No. 11 A MOTION WAS MAIZE BY SLATES AND SECONDED BY BOKOR TO ACCEPT THE WALL DESIGN SUBJECT TO APPROVAL BY THE DEPARTMENT OF PUBLIC WORKS. LEGAL OPINION: Copies of a legal opinion submitted by the City Attorney's office entitled "Use Permit - Consideration of the Planning Commission without Timely Appeal" pertaining to Use Permits No's. 68-39 and 68-47 were distributed to the Commission for their review. Said opinion stated that the Planning Commission is without jurisdiction to hold a public hearing on any application for a use permit granted by the Board of Zoning Adjustments where the ten day appeal period has expired. The Acting Secretary informed the Commission that Mr. Jerome Bame, Attorney, submitted a legal opinion on the matter and that the opinion has been forwarded to -the City Attorney's Office for review pursuant to the Commission's and Council's policy in such matters. Jay Wall, representing the parties having the approved use permits, addressed the Commission and objected to any further public hearing. Jerome Bame, addressed the Commission and stated that his legal brief is not adverse to the City Attorney's legal opinion. He asked that the Planning -'Commission review the opinion prior to taking action. - Charles Liberto, Deputy City Attorney, stated that the attorney's office received Mr.'Bame's brief only yesterday and that although he had read the brief, he'did not have time to study it, but that based on a reading of the brief, he was not inclined to change his opinion. A MOTION WAS MADE by Bazil and seconded by Miller, not to hold public hearing on Use Permits No. 68-39 and 68-47, which were previously approved by the Board of Zoning Adjustments based on Opinion No. 69-10 from the City Attorney's office, advising the Commission that they are without jurisdiction to hold a public hearing on any application for a use permit granted by the Board of Zoning Adjustments where the ten day appeal period has expired. ROLL CALL VOTE: AYES: Bazil, Bokor, NOES: None ABSENT: Tom THE MOTION CARRIED. Miller, Slates, Dukg, Porter COMMUNICATION: The Commission received a letter submitted by the Huntington Beach Oil Advisory Committee commenting on proposed Code Amendment No. 69-3, "0" Combining Oil District. The letter was received;by the Commission to be discussed at a later date. BEAUTIFICATION LIST: A new list on beautification awards was submitted to the Commission. It was the consensus to conduct a tour on Tuesday, March llth, at 2:00 P.M. to review such uses in the field. -11- Minutes: H.B. Planning Commission Tuesday, March 4, 1969 Page No. 12 DISCUSSION: The Acting Secretary pointed out to the Commission that the required widths of driveways for residential developments are inadequate because large apartment projects were not anticipated. Mr. Harlow suggested that the ordinance should be changed to provide driveways, lengths and widths in large apartment projects comparable to driveways in Planned Residential Development. A MOTION WAS MADE BY SLATES AND SECONDED BY DUKE TO INSTRUCT THE STAFF TO AMEND THE ORDINANCE TO REQUIRE DRIVEWAYS IN LARGE APARTMENT COMPLEXES TO BE COMPARABLE TO DRIVEWAYS IN PLANNED RESIDENTIAL DEVELOPMENTS. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Duke, Porter NOES: None ABSENT: Tom THE MOTION CARRIED. APPOINTMENT: Commissioner Slates was appointed to serve on the Subdivision Committee by Chairman Bazil. RESOLUTION OF APPRECIATION: The Planning Commission adopted a Resolution of Appreciation for Commis- sioner Lane who has resigned as of'February, 1969. ROLL CALL VOTE: AYES: Bazil, Bokor, NOES: None ABSENT: Tom Slates, Miller, Duke, Porter THE RESOLUTION WAS ADOPTED. ORAL COMMUNICATION: Bill Wren, Huntington Beach Company, addressed the Commission and asked if the Board of Zoning Adjustments could act on rear yard encroachments that were in accord with the new code amendment pertaining to rear yard setbacks. The Commission adv-ised Mr. Wren that the Board of Zoning Adjustments should not act on said matter until the City Council holds a public hearing on the matter. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED TO MARCH 11, 1969 AT 2:00 P.M. IN THE COUNCIL CHAMBERS. Acting Secretary Robert Bazil Chairman -12-