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HomeMy WebLinkAbout1970-01-20MINUTES of the HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, Calif. TUESDAY, JANUARY 20, 1970 COMMISSIONERS PRESENT: Bazil, Bokor, Slates, Miller, Tom, Porter, Duke COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. AGENDA ITEMS TO BE CONTINUED: ZONE CASE NO. 69-41 Applicant: Huntington Harbour Corp. Change of zone from R1 Single Family Residence District to R3 Limited Multiple Family Resi- dence District. Located southwest of the western end of Edinger Avenue and southeasterly of and opposite the Orange County Sun- set Aquatic Regional Park. ZONE CASE NO. 69-42 Applicant: Huntington Harbour Corp. Change of zone from R1 Single Family Residence District to R2 Two Family Residence District. Located northwest of the intersection of Saybrook Lane and Humboldt Drive. ZONE CASE NO. 69-43 Applicant: Huntington Harbour Corp. Change of zone from R1 Single Family Residence District to R2 Two Family Residence District. Located on the south side of Edinger Ave., approximately 1925 feet west of Monterey Lane. ZONE CASE NO. 69-44 Applicant: Huntington Harbour Corp. Change of zone from R1 Single Family Residence District to R2 Two Family Residence District. Located southwest of the intersection of Saybrook Lane and Humboldt Drive. The hearing was opened to the audience. There being no comment, the hearing was closed. The Acting Secretary informed the Commission that the applicant has requested continuance of Zone Cases No. 69-41, 69-42, 69-43 and 69-44 to the February 3, 1970, meeting. A MOTION WAS MADE BY MILLER AND SECONDED BY BAZIL TO CONTINUE ZONE CASES NO. 69-419 69-42, 69-43 and 69-44 TO THE FEBRUARY 3, 1970, MEETING AT THE APPLICANT'S REQUEST,.,; ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Duke, Tom NOES: None ABSENT: Porter THE MOTION CARRIED. Minutes: H.B. Planning Commission Date: January 20, 1970 - Page 2 COMMISSIONER PORTER: Commissioner Porter arrived at 7:15 P.M., and assume is uties. CONDITIONAL EXCEPTION N0, 69-91 Applicant: Groth Chevrolet To permit banners to be used as promotional month -end sales signs for 4 or 5 days each month at an automobile agency. Located on the west side of Beach Blvd., approximately 150 ft. north of Taylor St. in the C2 Community Business District. The Acting Secretary recommended to the Commission that Conditional Exception No. 69-91 be con- tinued to February 10, 1970, Study Session, to allow the Com- mission to consider this matter along with the request for the Administrative Action to extend the use of the non -conforming sign which the applicant has filed with the City. A MOTION WAS MADE BY MILLER AND SECONDED BY TOM TO CONTINUE CONDITIONAL EXCEPTION NO. 69-91 TO FEBRUARY 10, 19709 STUDY SESSION MEETING. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Tom, Porter, Duke NOES: None ABSENT: None THE MOTION CARRIED. ZONE CASE NO. 69-38 RESOLUTION OF INTENT Change of zone from RA-0 Residen- tial Agricultural District combined with oil production to RA Residential Agricultural District. Located on the east side of Bushard St., approximately 200 ft. south of Hamilton Ave. The hearing was opened to the audience, there being no comment the hearing was closed. RESOLUTION NO. 69-38 A Resolution of the City Planning Commission Recommending Approval of Zone Case No. 69-38 to the City Council. A MOTION WAS MADE BY BAZIL AND SECONDED BY MILLER TO ADOPT RESOLUTION NO. 69-38 RECOMMENDING APPROVAL OF ZONE CASE NO. 69-38 TO THE CITY COUNCIL FOR THE FOLLOWING REASON: 1. The City of Newport Beach, who is the property owner, re- quested the zone change. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Tom, Duke, Porter NOES: None ABSENT: None THE RESOLUTION WAS ADOPTED. CONDITIONAL EXCEPTION NO. 69-101 - APPEAL Applicant: Heath and Company To permit a free-standing pylon sign within the required 50 ft. setback having an area of 335 sq. ft. Such pylon sign is in addition to an existing 268 sq. ft. pylon sign on Brookhurst St. having 307 sq. ft. of frontage. This request is to permit an additional 296 sq. ft. of total sign area in lieu of the permitted 307 sq. ft. Located on the west side of Brookhurst St., 150 ft. north of Adams Ave. in the C2 Community Business District. A video tape of the subject pro- perty was shown. The hearing was opened to the audience. James Christensen, representing the Ralphs Grocery Company, addressed the Commission and ex- -2- 1/20/70-PC Minutes: H.B. Planning Commission January 20, 1970 Page 3 plained the request. Mr. Christensen showed various pictures of the proposed sign. There being no other comment, the hearing was closed. Commission discussion was held. A MOTION WAS MADE BY BAZIL AND SECONDED BY PORTER TO SUSTAIN THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS AND DENY CONDITIONAL EXCEPTION NO. 69-101 FOR THE FOLLOWING REASONS: 1. Sufficient hardship had not been shown. 2. It would set a precedent to approve a 100% increase in sign area. 3. Permissible sign area has been used by another lessee which is a problem that should be worked out between the lessee and property owner. ROLL CALL VOTE: AYES: Bazil, Bokor, Miller, Duke, Tom, Porter NOES: Slates ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 70-2 Applicant: Greenleaf Mobile Home Sales To permit the sale of mobilehome park for a period of 6 months in the R5 Office -Professional Dis- trict. Located on the east side of Pacific Coast Highway, 100 ft. northwest of Beach Blvd. The hearing was opened to the audience. Fred Hampton, representing the applicant, stated his reasons for the request. Anton Domhart, Attorney for California Mobilehome Dealer Assoc., addressed the Commission and opposed the request on the grounds that a mobile - home is personal property; thus it cannot be treated the same as the sale of permanent homes. Also, the applicant has not demonstrated sufficient hardship. Chairman Slates informed Mr. Dom - hart that the Planning Commission cannot hear testimony as to business practice. Commissioner Porter disagreed with Chair- man Slates' statement and called for a vote of the Commission to hear Mr. Domhart. The Commission agreed to Mr. Porter's request to hear Mr. Domhart. Mr. Domhart stated that he was concerned over the practice of housing a "closed park". Rusty Watson, Director of Golden - west Mobilehome League, addressed the Commission and opposed the request. Russell Daily, manager of Drift- wood Mobilehome Park, spoke in favor of the request. There being no other comment, the hearing was closed. Commissioner Duke stated that there is insufficient hardship shown. Chairman Slates advised Mr. Duke and Mr. Porter that if they choose, they can submit their opinion to the Planning Department. Commission discussion was held. A MOTION WAS MADE BY BOKOR AND SECONDED BY BAZIL TO APPROVE CONDITIONAL EXCEPTION NO. 70-2 WITH THE FOLLOWING CONDITIONS: 1. Conditional Exception No. 70-2 shall become null and void July 31, 1970. -3- 1/20/70-PC Minutes: H.B. Planning Commission January 20, 1970 Page 4 2. All requirements of the Department of Motor Vehicles and applicable City Ordinances shall be complied with. 3. The applicant shall submit a plot plan showing the layout of the display area and such plan shall be approved by the Board of Zoning Adjustments. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Tom, Miller NOES: Porter, Duke ABSENT: None THE MOTION CARRIED. MINORITY REPORT FILED BY COMMISSIONED DUKE AND PORTER The applicant in testimony before the Planning Commission admitted that no hardship exists and no hardship for this use has been demonstrated. Also, the City should set an example by refraining from allow- ing non -conforming uses on municipal property. ZONE CASE NO. 70-2 RESOLUTION OF INTENT Multiple Family Residence District. Located at the Gothard St. audience. Change of zone from R3 Limited District to C4 Highway Commercial northwest corner of Warner Ave. and The hearing was opened to the Mr. Ed Gutzmann, representative for Pacific Drive -In Theater, addressed the Commission and asked if there would be light intrusion from the subject develop- ment. Chairman Slates informed Mr. Gutzmann that the only thing under consideration is the change of zone. John Swint, representing the Weber's Bread Company, addressed the Commission and spoke in favor of the request. There being no other comment, the hearing was closed. RESOLUTION NO. 70-2 A Resolution of the City Planning Commission recommending Approval of Zone Case No. 70-2 to the City Council. A MOTION WAS MADE BY MILLER AND SECONDED BY PORTER TO ADOPT RESOLUTION NO. 70-2 RECOMMENDING APPROVAL OF ZONE CASE NO. 70-2 TO THE CITY COUNCIL FOR THE FOLLOWING REASON: 1. The property is presently zoned R3 and is occupied by the Weber's Bread Company. It was noted that this property should be rezoned to a zone consistent with the land use. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Tom, Duke, Porter NOES: None ABSENT: None THE RESOLUTION WAS ADOPTED. CODE AMENDMENT NO. 70-1 Said amendment proposes to add to Division 9 of the -Huntington Beach Ordinance Code Article 966 - Community Facility District. Such district will desig- nate areas devoted to major public developments which serve the community's need for educational, reckeational, health, safety, governmental and administrative facilities and also the manner by which these areas may be reclassified. -4- 1/20/70-PC Minutes: H.B. Planning Commission January 20, 1970 Page 5 In Conjunction With ZONE CASE NO. 70-1 RESOLUTION OF INTENT Change of zone from RA Residen- tial Agricultural District, RA-0 Residental Agricultural District combined with oil production, R1 Single Family Residence Dis- trict, R5 Office -Professional District and M1 Light Industrial District to CF-R Community Facilities -Recreational District. The property consists of 147 acres of land, located near the northeast, southeast and southwest corners of Talbert Ave. and Golden West St. and is known as Phase I of the Central City Park. The hearing was opened to the audience on Code Amendment No. 70-1 and Zone Case No. 70-1. The following property owners addressed the Commission and opposed Code Amendment No. 70-1 and Zone Case No. 70-1 on grounds that the approval of Zone Case No. 70-1 would restrict the use of their property to permit public uses only: Joe Ferm, Mr. Blodgett, Dennis Menke and William Price. Commission discussion was held. It was the consensus of the Commission to revise the Civic District Suffix to limit its application to apply to Federal, State, County and City Govern- ment property only. A MOTION WAS MADE BY SLATES AND SECONDED BY BAZIL TO RECOMMEND APPROVAL OF CODE AMENDMENT NO. 70-1 BY THE CITY COUNCIL. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Tom, Duke, Porter NOES: None ABSENT: None THE MOTION CARRIED. A MOTION WAS MADE BY SLATES AND SECONDED BY PORTER TO CONTINUE ZONE CASE NO. 70-1 RESOLUTION OF INTENT, TO FEBRUARY 39 1970, FOR DECISION ONLY. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Porter, Duke, Tom NOES: None ABSENT: None THE MOTION CARRIED. CODE AMENDMENT NO. 70-2 Said amendment proposes to add to Division 9 of the Huntington Beach Ordinance Code, Article 967 - Civic District Suffix. Such district is designated to establish civic districts which may be placed around civic cen- ters, public parks, public buildings or public grounds in order to protect the public interest in major public developments. Also, this amendment describes the procedure for Design Review Board review of plans in this district prior to any permit being issued and the manner in which appeals may be made to the City Council. The hearing was opened to the audience. There being no comment the hearing was closed. Commission discussion followed. A MOTION WAS MADE BY TOM AND SECONDED BY PORTER TO CONTINUE CODE AMENDMENT NO. 70-2 TO FEBRUARY 17, 1970. THE MOTION WAS WITHDRAWN. -5- 1/20/70-PC Minutes: H.B. Planning Commission January 20, 1970 Page 6 A FURTHER MOTION WAS MADE BY PORTER AND SECONDED BY MILLER TO DENY CODE AMENDMENT NO.70-2. ROLL CALL VOTE: AYES: Porter, Miller, Duke NOES: Bazil, Slates, Bokor, Tom ABSENT: None THE MOTION DID NOT CARRY. A MOTION WAS MADE BY BOKOR AND SECONDED BY TOM TO APPROVE CODE AMENDMENT NO. 70-2. ROLL CALL VOTE: AYES: Bokor, Tom, Slates, Bazil NOES: Porter, Miller, Duke ABSENT:None THE MOTION CARRIED. COMMISSIONER PORTER'S MINORITY REPORT: Because of the present criteria tor se ection of Design eview Board members, i.e., lack of professional occupational standards, it is felt that an ordinance with the far-reaching consequences of this one should be delayed until adequate standards for Design Review Board members are re-established. It is imperative when the Civil District Suffix zone is adopted that professionally quali- fied people act on the requirements of proposed Section 9670. CODE AMENDMENT NO. 70-3 Said amendment proposes to amend Articles 951 - MI -A, 953 - M1 and 955 - M2 Industrial Districts by adding the requirements that all uses which do not require Use Permit approval, shall be subject to Administrative Review by the Board of Zoning Adjustments. The hearing was opened to the audience. There being no comment, the hearing was closed. Commission discussion was held. A MOTION WAS MADE BY MILLER AND SECONDED BY PORTER TO ADOPT CODE AMENDMENT NO. 70-3. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Tom, Porter, Duke NOES: None ABSENT: None THE MOTION CARRIED. MASTER PLAN OF LAND USE AMENDMENT NO. 70-1 In Conjunction With MASTER PLAN OF ARTERIAL STREETS AND HIGHWAYS AMENDMENT NO. 70-2 For adoption of a portion of Study Area V known as the Top -of -Pier, generally bounded by the alley between 7th and 8th Streets on the northwest, Palm Avenue, Lake St. and Atlanta Ave. on the north, Beach Blvd. on the east and the Pacific Ocean on the southwest. The hearing was opened to the audience on both matters. Mr. William Ritter, member of ULI Citizens Steering Committee, addressed the Commission and endorsed the proposed amendment to the Master Plan of Land Use. There being no other comment, the hearing was closed. Commission discussion followed. -6- 1/20/70-PC Minutes: H.B. Planning Commission January 20, 1970 Page 7 A MOTION WAS MADE BY TOM AND SECONDED BY BOKOR TO RECOMMEND APPROVAL OF MASTER PLAN OF LAND USE AMENDMENT NO. 70-1 TO THE CITY COUNCIL. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Porter, Tom, Duke NOES: None ABSENT: None THE MOTION CARRIED. A MOTION WAS MADE BY PORTER AND SECONDED BY BOKOR TO RECOMMEND APPROVAL OF MASTER PLAN OF ARTERIAL STREETS AND HIGHWAYS AMENDMENT NO. 70-2 TO THE CITY COUNCIL. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Porter, Tom, Duke NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 69-46 Applicant: Standard Oil Co. of Calif. To permit the installation of a 12 ft. by 55 ft. trailer on temporary basis in the M2-0 Heavy Industrial District combined with oil production. Located on the northwest side of Golden West St. and Orange Ave. audience. The hearing was opened to the Rex Zierott, representing the applicant, addressed the Commission and explained the request. There being no other comment, the hearing was closed. Commission discussion followed. A MOTION WAS MADE BY MILLER AND SECONDED BY BOKOR TO APPROVE CONDITIONAL EXCEPTION NO.69-46 UPON THE FOLLOWING CONDITIONS: 1. All applicable provisions of Section 9730.25.3 shall be complied with. 2. Conditional Exception No. 69-46 shall become null and void May 31, 1971, except that the Board of Zoning Adjustments may grant continuation of the use for a specified period if the Board determines that construction is 'proceeding without undue delay. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Porter, Duke, Tom NOES: None ABSENT: None THE MOTION CARRIED. COUNTY USE VARIANCE-N0. 6372 The Acting Secretary informed the Commission that a communication from the Orange County Planning Commission regarding the construction of a two unit residential complex in the C2 General Business District was requested by R. W. Fitzpatrick of Sunset Beach. The Commission reviewed the request. A MOTION WAS MADE BY SLATES AND SECONDED BY BOKOR TO RECOMMEND DENIAL OF SAID REQUEST FOR THE FOLLOWING REASONS: -7- 1/20/70-PC Minutes: H.B. Planning Commission January 20, 1970 Page 8 1. The proposed use is inconsistent with existing zoning. 2. The applicant failed to show sufficient hardship on said property. ROLL CALL VOTE: AYES: Bazil, Bokor, Slates, Miller, Porter, Tom, Duke NOES: None ABSENT: None THE MOTION CARRIED. DISCUSSION: Assistant Planner, James Palin discussed a pro- pose s-u7Tur dioxide distribution plant to be located south of Warner Ave. and west of the Pacific Electric Railroad right- of-way. The Commission was concerned with the location of said facility and it was their consensus that the Assistant City Attorney should submit a legal opinion as to whether the proposed use could be denied. CHAIRMAN SLATES: Chairman Slates was excused from further par- ticipation at :05 P.M. Vice -Chairman Tom assumed his duties. DISCUSSION: Bill Hartge, City Engineer addressed the Commis- sion and discussed a precise plan of street alignment for a north -south connection between Speer Ave. and Slater Ave. The Commission discussed the proposed street alignment. A MOTION WAS MADE BY MILLER AND SECONDED BY DUKE TO INSTRUCT THE SECRETARY TO SET THE PROPOSED STREET ALIGNMENT FOR PUBLIC HEARING. ROLL CALL VOTE: AYES: Bazil, Bokor, Miller, Porter, Duke, Tom NOES: None ABSENT: Slates THE MOTION CARRIED. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. h QA�. K. A. Reynold Roger D Slates Secretary Chairman -8- 1/20/70-PC