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HomeMy WebLinkAbout1970-11-17MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, NOVEMBER 17, 1970 NOTE: A tape recording of this meeting is on file in the Planning Department Office. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Bazil, Higgins, Porter, Slates, Miller, Duke, Kerins None MINUTES: On motion by Bazil and seconded by Miller, the minutes of July 21, August 11 and 18, 1970, were accepted as transcribed and mailed by the Secretary. AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN: TENTATIVE TRACT NO. 5963 In Conjunction With USE PERMIT NO. 70-42 Applicant: Huntington Harbour Corp. To allow the construction of a 59 unit planned residential development on approximately 8.18 acre parcel of land in the R1 Single Family Residence District. Located on the southwest corner of the intersection of Say- brook Lane and Humboldt Dr. The Acting Secretary advised the Commission that the applicant has requested continuance of these items for two weeks to allow time to submit a revised map. A MOTION WAS MADE BY PORTER AND SECONDED BY KERINS TO CONTINUE TENTATIVE TRACT NO. 5963 AND USE PERMIT NO. 70-42 TO THE DECEMBER 15, 1970 MEETING. ROLL CALL VOTE: AYES: Bazil, Higgins, Slates, Miller, Porter, Kerins, Duke NOES: None ABSENT: None THE MOTION CARRIED. TENTATIVE TRACT NO. 5419 - 10 lots on 150.4 acres In Conjunction With USE PERMIT NO. 70-43 Subdivider: Signal -Landmark, Inc. To allow the construction of a 1404 unit planned residential development on approximately 140.3 acres of land in the R1 Single Family Residence District. Located on the northeast corner of Atlanta Ave. and Newland St. The Chairman read the request. The Acting Secretary advised that a communication had been received from the City Attorney's office requesting that a condition of approval be that any change in the required minimum age_for residency in the development be approved by the City Council. The hearing was opened to the audience. Mr. William Shattuck, representing the applicant, made a presentation and stated the applicant feels there is a need for a development of this type in Huntington Beach and that the open space needed for this -1- . 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 2 type of development is less than that needed for a develop- ment,which has children. He explained that the streets, open pace, etc., would be maintained at the residents' expense'°,,guard service would be provided allowing only resider-U or authorized guests to enter the development; also, an emergency medical facility would be available. He also stated that this would be a $35,000,000 develop- ment creating approximately $700,000 revenue for the City. This project would be completed in 8 phases. Commissioner Bazil asked if the phasing of the development could be in such a manner that if the project were terminated, the undeveloped land would remain in a saleable condition or -developed in another manner. Mr. Shattuck informed the Commission that all improvements and utilities for the entire develop- ment would be installed with the first phase, but that he feels there is no risk that the project will not go as the company is strong enough to withstand most diffi- culties. Commissioner Kerins ques- tioned the size of the units and the monthly payments. Mr. Shattuck advised that the units would vary from approxi- mately 850 to 950 square feet per unit for the 1 bedroom and 2 bedroom units. The monthly payments would be under $300. The price range for the units would be approximately $19,000 to $50,000. Commissioner Duke asked if the entire residential area would be walled initially. Mr. Shattuck answered, "yes". Commissioner Duke stated he would like to see additional renderings to assure a high standard of development. Chairman Slates advised the Commission that at the subdivision committee meeting, the wall was discussed. Commissioner Porter asked Mr. Shattuck if they were agreeable to the CC& R's stating an age limit; the reply being "yes". Commissioner Porter al'so questioned the type of financing that -would be used. Mr. Shattuck stated that it would most likely be conventional financing, not governmental, but that he would not like to make a commitment at this time. Mr. Mike Fournier asked if the City feels a need to develop vacant area such as this and how would it be maintained. Mr. Shattuck stated that the owner wishes to develop the property at this time and the project would be maintained by the residents when com- pleted. Mr. Fournier then questioned the subject of school bond problems as all residents within the development would be over the age of 45, they would probably not be interested in schools and therefore the school bonds would be voted down. Mr. Shattuck stated that funds for schools would be covered in taxes. Chairman Slates stated that 54% of taxes franthis project is for schools. Mr. Fournier then asked if subleasing would be permitted and Mr. Shattuck advised this would be permitted and would be covered under the CC&R's. Mr. Richard Armendariz asked what will happen with these multiple dwellings in the fu- ture as condominiums do not generally increase in value. He stated he is opposed to multiple development where single family homes have been master planned, and would like to know more of what effectthis would have on the nearby com- munity. Mr. E. Gubeman asked what needs of the people this development would fulfill. Also, with unemployment steadily increasing, and as apartments -2- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 3 may remain empty, will the developer request a change of occupancy requirement to allow children. Marilyn Knowles asked if the school site planned within this area would be dropped. Chairman Slates advised that this map had been reviewed with the elementary school district and the school district had no objection. The Acting Secretary advised that the elementary school site would be dropped if agreeable with the school district. Commissioner Porter advised that there would be a projected 700 school children in the.area if developed as R1; however, if an adult community, there would be none. Marilyn Knowles stated she under- stood that the school bond recently passed was to help eli- minate the overcrowded conditions of the other schools and dropping this school would not eliminate the overcrowded condition. Commissioner Kerins explained that the school bond did not cover this proposed site. The Acting Secretary explained that the proposed junior high school site would be somewhere in the area along Newland Ave. 'r Rick Hudson stated that he was op- posed to the development. Steven J. Liodas questioned financ- ing of the development. He stated that most large companies are financing through FHA and that this is prime property surrounded by top-notch homes and we should not put in this type of development. He stated he is also concerned about taxes and school bonds. _ Chairman Slates clarified that this request is not a zone change but is a permitted use under the Planned Residential Development ordinance. The request is for a planned residential development with approximately 10 units per acre. Patricia Marquez asked if the Com- mission could guarantee that at a future time this would not be rezoned to allow children. Chairman Slates stated that this could not be guaranteed because all laws can be changed but that the CC&R's will stipulate an age limit and these are seldom changed. The Acting Secretary explained that the City uuuld be a part of the CC&R's and any change would require City approval. B. Tucker asked if the residents would maintain the property at their own expense, will the City rebate some of their taxes and could the residents vote in their own council and possibly change laws. Chair- man Slates advised it would be possible to vote in their own councilmen. R. W. Moodie stated he felt that this project would be downgrading the area and that he is opposed to walled areas as these residents areconcerned about the rest of the City. Commissioner Bazil explained the Planned Residential Development ordinance and stated that the developers arguments are that there would be less in- habitants within this project as there would be no children. -3 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 4 S. Allerton asked what the need was for this type of development. ' George Budris stated he is concerned with resale of the surrounding property, isolation of the development and the effect on the rest of Huntington Beach. F. B. Malloy stated this de- velopment would not benefit Huntington Beach, but perhaps a swinging singles would. G. E. Sensenback stated he felt that approval of this development would have lack of direction for the City. Jim Hazelton asked if our Fire and Public Works Departments were capable of handling this development. Chairman Slates stated that the Fire Department has no objection to the development and can handle sufficiently any problems which might arise; also, the developer will pay for the improvements and any water used would be paid for by the developer or the residents. Park and Recreation fees would be paid for by the developer and there would be property taxes. Commissioner Bazil stated that the developer's contention is that there will be less open space needed for the 10 unit-s than for the allowed 7 units per acre since there will be no children. Chief Spickard of'the Fire Department stated that the streets will be of adequate width and there will be 24 hour access. Carol Beatly stated she was concerned with trafficconjestion and the amount of lot coverage. , Chairman Slates stated that approximately 26% of the acreage would be covered with buildings excluding the streets. Charles Spencer of the Public Works Department advised that this development would generate less traffic than a standard R1 development because a standard RI development would have an average of 10 trips per day, whereas, a senior citizen development would have an average of 4 2 trips per day. Jack King asked if the de- veloper should submit an alternative plan. Chairman Slates advised that this is not regiired. Arnold Gayn stated he is opposed and asked the Commission to see that the code is upheld. He objects to walled communities. Chuck Palmer, Huntington Beach School District, gave an opinion of the school district. He stated that this project will reduce the cost to the school district and will reduce the necessity of a $1,250,000 elementary school site. There is a proposed 15 acre junior high school within the 150 acre area. There being no further comment, the hearing was closed. -Commission discussion was held regarding density, traffic, schools, minimum age limit, walls, crime, etc. A MOTION WAS MADE BY SLATES AND SECONDED BY PORTER TO APPROVE USE PERMIT NO. 70-43 UPON THE FOLLOWING CONDITIONS: r -4- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1971 Page 5 1. The Tentative Tract Map received November 5, 1970, the schematic of the overall plan for the use permit submitted on October 16, 1970 and the specific plan for phase 1 received November 3, 1970, shall be the approved layout. Approval of the overall schematic of the use permit is general in nature and a specific plan for each phase shall be submitted for final re- view by the Planning Commission prior to a final map being submitted -to the City Council for acceptance., 2. The question of whether or not the proposed 10 acre elementary school site, the 15 acre jr. high school site, and the 3 acre park site will be required, shall be resolved prior to a final map being recorded on phase 2 or building permits issued for any construction within phase 2. In the event a school site and park site are required, a revised overall plan shall be submitted to the Planning Commission for approval. 3. The conditions, covenants and restrictions shall contain a provision that will require the entire 133.3 acres of residential property to remain as an adult community in perpetuity restricting the age of 45. The City shall be a party to such CC&R's. The wording of such provisions shall be approved by the Planning Department and City Attorney's office. 4. Fire alarm boxes shall be provided at each of the guard houses. The gates located at each of the guard houses shall be open on a 24 hour basis. 5. No speed bumps shall be installed on the main street. 6. Each phase shall stand on its own with regard to all requirements of the Huntington Beach Ordinance Code. 7. Detailed plans of the recreation area shall be submitted to the Planning Commission for review and approval prior to issuance of building permits on the first phase. 8. Parking assignments for each of the residential units shall be submitted to the Planning Department for appro- val prior to issuance of building permits. 9. If the school site shown on the plan is to remain then an additional 3 acres shall be provided for City park purposes. 10. All streets within the project shall be private streets. 11. The design of the intersection of the private streets with public streets shall be approved by the Department of Public Works. 12. If the sewer and water facilities are to be dedicated to the City, a 10 ft. wide easement shall be dedicated to the City for access and maintenance of such sewer and water facilities. 13. Tree planting equivalent to one 30 inch box tree per unit shall be provided. A plan showing such tree planting plan shall be approved by the Planning Department and Department of Public Works. 14. A plan showing the wall design and landscape plan along all arterial highways shall be submitted to the Planning Commission and Department of Public Works for approval prior to issuance of building permits. 15. Provisions shall be made to provide facilities for storage of equipment and materials required by the association for maintenance of the project. Such areas shall be shown on the plot plan prior to issuance of building permits. -5- 11/17/71-PC J Minutes: H.B. Planning Commission November 17, 1970 Page 6 16. All "Standard Conditions of Approval" for tentative tracts that are applicable shall be complied with. 17. Design of the carports shall be approved by the Board of Zoning Adjustments. FOR THE FOLLOWING REASONS: 1. Because this is an adult community, the overall popu- lation density will be less than the density of a standard Planned Residential Development having 7.25 units per acre. 2. Lot coverage is 26% which is less than a standard single family residential development. 3. Access to the property can be restricted because it is a private adult development with entrance guards. ROLL CALL VOTE: AYES: Bazil, Slates, Miller, Higgins, Kerins, Porter NOES: Duke ABSENT: None THE MOTION CARRIED. Additional Information: Commissioner Duke stated that the planned rest entia ordinance is a new ordinance and the Commission has not had enough experience to allow this kind of development under a use permit application. Mr. Duke also felt that the Commission,should give the requests fur- ther study before voting. A MOTION WAS MADE BY MILLER AND SECONDED BY PORTER TO APPROVE TENTATIVE TRACT NO. 5419 UPON THE FOLLOWING CONDITIONS: 1. The Tentative Tract Map received November 5, 1970, the schematic of the overall plan for the use permit submitted on October 16, 1970, and the specific plan for phase 1 received November 3, 1970, shall be the approved layout. Approval of the overall schematic of the use permit is general in nature and a specific plan for each phase shall be submitted for final review by the Planning Commission prior to a final map being submitted - to the City Council for acceptance. 2. The question of whether or not the proposed 10 acre ele- mentary school site, the 15 acre jr. high school site, and the 3 acre park site will be required, shall be re- solved prior to a final map being recorded on phase 2 or building permits issued for any construction within phase 2. In the event a school site and park site are required, a revised overall plan shall be submitted to the Planning Commission for approval. 3. The conditions, covenants and restrictions shall contain a provision that will require the entire 133.3 acres of residential property to remain as an adult community - in perpetuity restricting the age to 45. The City shall be a party to such CC&R's. The wording of such provi- sions shall be approved by the Planning Department and City.•Attorney's office. 4. Fire alarm boxes shall be provided at each of the guard houses. The gates located at each of the guard houses shall be open on a 24 hour basis. 5. No speed bumps shall be installed on the main street. 6. Each phase shall stand on its own with regard to all requirements of the Huntington Beach Ordinance Code. -6- 11/17/70-PC `Y i 1 _ / r� Minutes: H.B. Planning Commission November 17, 1970 Page 7 7. Detailed plans of the recreation area shall be submitted to the Planning Commission for review and approval prior to issuance of building permits on the first phase. 8. Parking assignments for each of the residential units shall be submitted to the Planning Department for appro- val prior to issuance of building permits. 9. If the school site shown on the plan is to remain then an additional 3 acres shall be provided for City park purposes. 10. All streets within the project shall be private streets. 11. The design of the intersection of the private streets with public streets shall be approved by the Department of Public Works. 12. If the sewer and water facilities are to be dedicated to the City, a 10 ft. wide easement shall be dedicated to the City for access and maintenance of such sewer and water facilities. 13. Tree planting equivalent to one 30 inch box tree per unit shall be provided. A plan showing such tree planting plan shall be approved by the Planning Depart- ment and Department of Public Works. 14. A plan showing the wall design and landscape plan along all arterial highways shall be submitted to the Planning Commission and Department of Public Works for approval prior to issuance of building permits. 15. Provisions shall be made to provide facilities for storage of equipment and materials required by the association for maintenance of the project. Such areas shall be shown on the plot plan prior to issuance of building permits. 16. All "Standard Conditions of Approval" for tentative tracts that are applicable shall be complied with. 17. Design of the carports shall be approved by the Board of Zoning Adjustments. FOR THE FOLLOWING REASONS: 1. Because this is an adult community, the overall popula- tion density will be less than the density of a standard Planned Residential Development having 7.25 units per acre. 2. Lot coverage is 26% which is less than a standard single family residential development. 3. Access to the property can be restricted because it is a private adult development with entrance guards. ROLL CALL VOTE: AYES: Bazil, Slates, Miller, Higgins, Kerins, Porter, Duke NOES: None ABSENT: None THE MOTION CARRIED. RECESS: The Chairman called a recess at 9:00 P.M. RECONVENE: The meeting reconvened at 9:10 P.M. Vice -Chairman Porter took the Chair in Chairman Slates' absence. TENTATIVE TRACT NO. 4663 Subdivider: The Covington Bros. 38 lots on 10 acres located 660 ft. east of Beach Blvd., south of Ellis Ave. -7- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 8 The Vice -Chairman read the request. The Acting Secretary advised that the alley access is provided as required by the suggested conditions of approval by the Subdivision Committee but the street width may be reduced. At this time, it is proposed to reduce the street width to 54 ft. The suggested conditions of approval were reviewed and amended. Discussion was held regard- ing the street layout and drainage. A MOTION WAS MADE BY DUKE AND SECONDED BY MILLER TO APPROVE TENTATIVE TRACT NO. 4663 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Tentative Map received November 17, 1970, shall be the approved layout. 2. Drainage of the property shall be approved by the Depart- ment of Public Works. Also, should the Department of Public Works find it necessary, no building permits shall be issued for lots 18, 19, 20 and 21 until clearance has been given by the Department of Public Works. 3. All "Standard Conditions of Approval" for tentative tract maps that are applicable shall be complied with. ROLL CALL VOTE AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. ZONE CASE NO. 70-22 - RESOLUTION OF INTENT Change of zone from C2 Commu- nity Business District to R1 Single Family Residence District. The subject property is located on the west side of Goldenwest Street, approximately 800 ft. south of Warner Ave. The Vice -Chairman read the request. A video tape was shown of the subject area. The Acting Secretary advised that the subject property was zoned commercial in 1966. The hearing was opened to the audience. Mr. James Starr, attorney re- presenting the property owner, addressed the Commission and filed an amendment to his previous statement of objections to the hearing and rezoning. Discussion was held. Attorney James Starr stated that his client is particularly concerned with this zone change request as he has not at this time recovered his investment and does not want to vacate the existing nursery. Commissioner Duke explained that under the non -conforming provisions of the code, the property owner is protected so that he may continue to operate the nursery as long as he wishes but that he may not be able to change the type of use. Mr. Starr stated that he feels that this would still greatly limit the use of the property as it could not be expanded to another use, etc._ He also stated that he felt R5 zoning might be compatible with the area and would not "tie his hands". ing to various uses and zoning. ment, the hearing was closed. Discussion was held pertain - There being no further com- WE 11/17/70-PC MinuLe 11.1% I'I:snning Commission Noveml)c r 17, 1970 P,18o 9 ✓ CommLS5ion di,,cii�,5ion was lie Id. Commissioner Bazil slated lie feIL R5 might l?e a fair compromise as the City Council did give the property a certain increase in value by zoning it com- mercial. A MOTION WAS MADE BY BAZIL AND SECONDED BY PORTER TO READVERTISE THIS REQUEST FOR R5 OFFICE PROFESSIONAL ZONING. TROLL CALL VOTE: -AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins "NOES: None ABSENT: Slates THE MOTION CARRIED. ZONE CHANGE NO. 70-20 Applicant: Mr. & Mrs. David Meredith Change of zone from M1 Light Indus- trial District to MH - Mobilehome District. In Conjunction With CONDITIONAL EXCEPTION NO. 70-52 Applicant: Mr. & Mrs. David Meredith To permit the construction of a 137 space mobilehome park on a 20 acre parcel of land in the M1 Light Industrial District. Located on the south side of Slater Ave., approximately 660 ft. east of Gothard St. This item was tabled until later in the meeting at the request of Joe Evans, representing the applicant, to allow the applicant time to arrive. USE PERMIT NO. 70-52 (Referred by the Board of Zoning Adjust- ments) Applicant: Robert Owens To permit construction of a self service car wash in the C4 Highway Commercial District. Located on the west side of Beach Blvd., approximately 900 feet south of Ellis Ave. The Vice -Chairman read the request. A video tape of the subject area was shown. The hearing was opened to the audience. Robert Owens, agent for Century Car Wash, addressed the Commission and explained the request. lie stated that they proposed slumpstone construction. He also showed photos of similar structures. He stated this would be strictly a car wash with no selling of gas. Commissioner Duke requested render- ings of the signs to be use; however, the applicant did not have these available. Mr. Palin, Acting Secretary of the Board of Zoning Adjustment, explained the Board's action and recommendations as to curb cuts, a common drive for all four parcels, and stated that the plot plan does not show all the recommendations made by the Board. He also advised that an application for a division of land is pending before the Board and as it -had not been filed at the same time as the use permit, it could riot be referred up to the Commission to be heard in conjunction with this use permit. Mr. Owens advised the Commission that a 15 year easement with the adjoining property has been agreed upon. _ -9- 11/17/70-PC • T $ Minutes: H.B. Planning Commission November 17, 1970 Page 10 Commissioner Kerins inquired if consideration was given to turning the building 90°, Mr. Owens replied that the building'was'situated at the pro- posed locaejon due to 'traffic flow. _ Commission discussion followed. It was the consensus of the Commission that this request should be continued to be heard in conjunction with the Division of Land request. Commissioner Bazil requested the applicant to submit revised plans showing the Board of Zoning Adjustments' recommendations, landscaping, and sche- mAics of;the'building. Commissioner Porter requested that conditionl.,f16. - 14-be;'adde-d - to the suggested conditions of approval stating" that`there'shall be no gas sold. - A MOTION WAS MADE BY DUKE AND SECONDED BY K_ERINS TO CONTINUE USE PERMIT NO. 70-52 TO THE DECEMBER 15, 1970 MEETING TO BE HEARD IN CONJUNCTION WITH DIVISION OF LAND NO. 70-30 FOR REASONS AS PREVIOUSLY STATED. POLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates=�-=-- ---_— - THE MOTION CARRIED. _ _._ . ':_ i =�:c - - _•__ _- - fir, _ --- _ ; . USE PERMIT_NO. 70=45--(Referred-_by•Board.of Zoning Adjustments) Applicant: Gul-f"Oil Company =_ _ To permit the installation of an automatic car washing machine in the existing handwash bay of a service station. Located on the southwest corner of Edinger Ave. and Sher Lane in the C2 Community Business Dis- trict. The Vice -Chairman read the request. A,•video_tape was shown of the subject area. The -hearing was opened to the audience.__,_, ••Raymond Troutman, representing the applicant,-addres§ed-the Commission and answered various questions, There being no further comment, the hearing was closed. < Commission discussion followed. A MOTION WAS MADE BY BAZI1. AND SECONDED BY DUKE TO APPROVE USE PERMIT NO. 70-45 UPON THE _ FOLLOWING CONDTTIONS: 1. There shall be two 15 gallon trees planted on the rear pro- perty- Parking shall comply with Article 979 of the Huntington. Beach Ord inance•_Code-.. 3. All applicable"p`rovis-ions" of the Service Station Standards as adopted by the Planning Commission shall be complied with. 4. The layout shall be such that the vehicles exiting from the car wash will not be interfered with by outside cir- culation. 5. Signs shall conform to Article 976 of the Huntington Beach Ordinance Code. 6. The plot plan shall be referred to the Board of Zoning Adjustments for review and,to establish conditions of approval as deemed necessary. -10- 11/17/70-PC t L_ Minutes: H.B. Planning Commission November 17, 1970 Page 11 FOR THE FOLLOWING REASON: 1. The use is associated with the service station and will be an asset to the City. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 70-53 Applicant: R. C. Curry & J. E. Wheelhouse To permit expansion of an existing retail nursery in the R1 Single Family Residence District. Located on the east side of Bolsa Chica St., 150 ft. south of Pearce Ave. The Vice -Chairman read the request. A video tape of the subject area was shown. The hearing was opened to the audience. Mr. J. E. Wheelhouse addressed the Commission and explained the request. There being no further comment, the hearing was closed. ' Commission discussion followed. A MOTION WAS MADE BY DUKE AND SECONDED BY KERINS TO APPROVE CONDITIONAL EXCEPTION NO. 70-53 UPON THE FOLLOWING CONDITIONS: 1. Conditional Exception No. 70-53 shall become null and void on January 1, 1976 at which time the applicant may apply for a new conditional exception if conditions in the area have not substantially changed. 2. The expiration date of Conditional Exception No. 68-23 shall coincide with Conditional Exception No. 70-53, January 1, 1976. 3. A more precise plot plan shall be submitted to the Board of Zoning Adjustments for approval at which time the Board may attach conditions of approval as deemed necessary. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. The Commission submitted the following Findings of Fact: 1. The nursery needs the exposure of oncoming traffic. 2. This is a temporary use. 3. The nursery is within the airport area. CONDITIONAL EXCEPTION NO. 70-54 Applicant: Arthur Frietsch To permit auto dismantling and a used parts storage yard in the M1 Light Industrial District. Located 990 ft. south of Warner Ave. and 300 ft. east of Gothard St. The Vice -Chairman read the request. A video tape of the subject area was shown. The hearing was opened to the audience. Mr. Frietsch, applicant, addressed the Commission and explained the request and how the business was operated. -11- r 11/17/70-PC ,�r Minutes: H.B. Planning Commission November 17, 1970 Page 12 Commissioner Duke asked why the corrugated steel fence was proposed instead of a block wall. Mr. Frietsch replied that the fence was much cheaper and that there are similar fences in the area. Mr. Fred Case, partner in the business, assured the Commission that this would be a first class operation. Mr. George Williams, nearby property owner, stated he opposed the request as it would make his home of 18 years a much less desirable place to live. He feels this operation would be a hazard as there are many children living in the area. Also, traffic and noise on weekends would be greatly increased, and the applicant is not improving the property as far as sidewalks, etc. He further -stated that this -operation would be a 30 ft. from his bedroom window and the noise would be disturbing. There being no further com- ment, the hearing was closed. Commission discussion followed. A MOTION WAS MADE BY DUKE AND SECONDED BY BAZIL TO DENY CONDITIONAL EXCEPTION NO. 70-54 FOR THE FOLLOWING REASONS: 1. The applicant has failed to show sufficient hardship. 2. This operation would be incompatible with the surrounding neighborhood. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 70-55 ADnlicant: Industrial Development Associates To permit reactivation and testing of a non -conforming oil well for a period of six months. If well is operated economically, request is to place said well on permanent production. Located on the south side of Pearce Ave. and east of Algonquin St. in the R2 Two Family Residence District. The Vice -Chairman read the request. The Acting Secretary reviewed the history of the operation. A video tape was shown of the subject area. Herb Day, Oil Field Superin- tendent, stated that the applicant has had seven wells of which 3 have been abandoned, 3 are idle and 1 is producing. The producing well is near the subject well. Commissioner Miller requested a production report. Mr. Day replied that there has not been a ,production report since 1968. The hearing was opened to the audience. Mr. C. Barfield, representing the applicant, addressed the Commission and stated that equipment was not available to improve the surface of the wells but that the wells are fenced. He stated that this well was shut down due to water entering the casing and the company did not have the equipment to repair it at that time. He stated that they have a sub -surface lease and do not control the entire area surrounding the wells. They feel that this well is in a profitable position, and that -12- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 13 if approved, they would beautify the area; however, if the well does not prove to be profitable, they would then abandon this well along with wells numbers 21 and 26 which are also located on the subject property. Commissioner Duke stated he was concerned about what condition the property would be left in if the well was abandoned. Mac Burk, speaking for some of the property owners in the subject area, stated that they would like to have this well abandoned and the lease quit claimed. He stated that they have 25% interest in the land and royalties. Mrs. Dinsmore, having interest in well no. 22, stated that the well has been shut down since 1968. She would like to have the well torn down if not pro- ducing because it is a hazard and is unsightly; however, has not been able to get any action from the applicant. There being no further comment, the hearing was closed. Commission discussion followed. A MOTION WAS MADE BY KERINS AND SECONDED BY DUKE TO DENY CONDITIONAL EXCEPTION NO. 70-55 FOR THE FOLLOWING REASONS: 1. The well is a non -conforming use. 2. The applicant has requested that if the well can be operated economically, the well be placed on permanent production. 3. The well has not been producing for a long period of time. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins. NOES: None ABSENT: Slates THE MOTION CARRIED. CODE AMENDMENT NO. 70-14 (Continued) Said amendment proposes to add Section 9730.26 to the Huntington Beach Ordinance Code. The intent of said amendment is to provide, create and maintain a home environment for the care of non -related persons. For the purpose of this section the definition of a family has been modified to eight from five. Care of non -related may.be permitted in any residential district subject to the approval of an Administrative Review appli- cation by the Board of Zoning Adjustments. The Vice -Chairman read the request and opened the hearing to the audience. Mr. Charles Ivy requested an ex- planation of the amendment to the 8th draft of the proposed code amendment. Commissioner Porter explained the amendment. The Acting Secretary advised that a letter had been received from the State Department of Social Welfare and at the request of the Vice -Chairman, the letter was read to the Commission and audience. The letter stated that the proposed ordinance is acceptable to that agency and encouraged adoption of the ordinance. Nancy Turney, representing the County of Orange Department of Social Welfare, spoke in favor of the code amendment. There being no further comment, the hearing was closed. -13- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 14 A MOTION WAS MADE BY KERINS AND SECONDED BY DUKE TO RECOMMEND ADOPTION OF CODE AMENDMENT NO. 70-14 AS AMENDED AND TO REFER SAID AMENDMENT TO THE CITY ATTORNEY TO PLACE IN ORDINANCE FORM FOR TRANSMITTAL TO THE CITY COUNCIL. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 70-56 Applicant: L & G Riding Stables, Inc. To permit boarding of horses in the RA-0 Residential Agricultural District combined with oil production. Located on the southwest corner of Goldenwest St. and Ellis Ave. The Vice -Chairman read the request. The Acting Secretary reviewed a letter submitted by the Oil Field Inspector stating existing violations on the subject property which should be corrected. He also read a telegram from Mr. Milton H. Marow objecting -to the request as it would create a hardship for nearby property owners. The hearing was opened to the audience. Bill Landis, property owner, stated that he originally purchased this property because of easy freeway access; however, the property is now within the third phase of Central Park and thus he cannot develop it. He stated he would like to -have the wells capped and cleaned up. He explained that the proposed use is mainly for pony rides for children and not so much boarding. Ed Bennett, operator of the stables, stated that this would,be a steel type structure and _;,"N that 85% of their business would be children as they cater to-" young people. :4 1,, Commissioner Bazil inquired as to where the horses will be tidden; the reply being, on subject property, -the pony areas will be fenced and possibly along the street. Discussion was held regarding possibly restricting the use to only pony rides on subject pro- perty because of traffic on Goldenwest St. Mr. Bennett stated that parking would be on Ellis Ave., not Goldenwest St. Mr. Williams, nearby stable operator, stated he felt it fair that this applicant have the same conditions that were placed on his application; specifi- cally, the requirement that additional area be provided for horse riding. There being no further comment, the hearing was closed. Commission discussion was held. Commissioner Bazil stated he is concerned about horses being riddan by persons who could not control the horse in traffic. It was felt that this item should be continued to allow the applicant time to investigate the possibility of supplying additional acreage for riding purposes. The applicant was agreeable to this. -14- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 15 A MOTION WAS MADE BY DUKE AND SECONDED BY KERINS TO CONTINUE CONDITIONAL EXCEPTION NO. 70-56 TO THE DECEMBER 15, 1970 MEETING TO ALLOW THE APPLICANT TIME TO ARRANGE FOR ADDITIONAL ACREAGE. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 70-46 - APPEAL Applicant: Richard D. Parry To permit the following: 1) two (2), 24 sq. ft. in area, secondary pole signs on front and exterior side property lines located at a distance less than 100 ft. from the corner pole sign; 2) two (2) tire displays having more than the ten (10) tires permitted by the Huntington Beach Ordinance Code. Located on the southeast corner of Beach Blvd. and Ellis Ave. in the C4 Highway Commercial District. The Vice -Chairman read the request and opened the hearing to the audience. There being no comment, the hearing was closed. Commission discussion was held. A MOTION WAS MADE BY BAZIL AND SECONDED BY MILLER TO SUSTAIN THE BOARD OF ZONING ADJUSTMENTS' DECISION TO DENY CONDITIONAL EXCEPTION NO. 70-46 FOR THE FOLLOWING REASONS: 1. The plot plan submitted with the application has not shown landscaping, driveways, parking, etc. 2. Said plans did not show type or'color of materials used on existing building. 3. The applicant would not indicate his preference as to a location for the tire storage structure. 4. The applicant requested a decision on this application in its entirety and expressed his unwillingness to work with the Board on design and materials to be used in a tire storage structure. 5. The sign ordinance provides sufficient area to properly identify the service station. 6. The applicant was not present to show hardship. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 70-44 - APPEAL Applicant: Richard D. Parry To permit the following: 1) two (2), 24 sq. ft. in area, secondary pole signs on front and exterior side property lines located at a distance less than 100 ft. from the corner pole sign; 2) two (2) tire displays having more than the ten (10) tires permitted by the Huntington Beach Ordinance Code; 3) a number of pennants to be used as a permanent display from light standards to main structure in lieu of such signs being used as temporary signs for special events such as grand opening, change of ownership, etc. Located on the northwest corner of Beach Blvd. and Warner Ave. in the C4 Highway Commercial District. -15- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 16 The Vice -Chairman read the 'request. Commission discussion was held. The hearing was opened to the audience. There being no comment, and the applicant not present, the hearing was closed. A MOTION WAS MADE BY BAZIL AND SECONDED BY KERINS TO SUSTAIN THE BOARD OF ZONING ADJUSTMENTS DECISION AND ADD THE CONDITION: 1. Any signs placed on the storage structure shall be ap- proved by the Board of Zoning Adjustments. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates THE MOTION CARRIED. ZONE CHANGE NO. 70-20 - Continued from earlier in the meet- ing. Applicant: Mr. & Mrs. David Meredith In Conjunction With CONDITIONAL EXCEPTION NO. 70-52 Applicant: Mr. & Mrs. -David Meredith Mr. Joe Evans addressed the Commission and requested a continuance of these items until the December 1, 1970, meeting so that the applicant may attend. A MOTION WAS MADE BY.DUKE AND SECONDED BY MILLER TO -CONTINUE ZONE CHANGE NO. 70-20 AND CONDITIONAL EXCEPTION NO. 70-52 TO THE DECEMBER 1, 1970, MEET- ING AT THE APPLICANT'S REQUEST. ROLL CALL VOTE: AYES: Higgins, Porter, Miller, Duke, Kerins NOES: None ' ABSENT: Slates ABSTAIN: Bazil THE MOTION CARRIED. MISCELLANEOUS: A letter for substitute fencing materials pursuant to Sec. 9682.6 of H.B. Ordinance Code. Letter request from ' Standard Oil Company as to type of wall material for oil opera- tion sites as covered in Use Permits 70-46, 70-47 and 70-56. Located: 1) Southwest of Garfield & Goldenwest St. 2) Bounded on north by Clay; on south by Mansion; on east by Southern Pacific right-of-way; on the west by Main St. 3) South side of Palm Ave., 4 mi. west of Goldenwest St. Mr. Baxter Brown, re- presenting Standard Oil Co., addressed the Commission and reviewed the letter previously submitted to them. He stated that they would like to construct a chain link fence in place of the masonry block wall as required per Section 9682.6 of the Huntington Beach Ordinance Code for an oil operation site. It was the consensus of the Commission that these requests should be continued until December 1, 1970 to allow the staff time to prepare a report. ROLL CALL VOTE: AYES: Bazil, Porter, Miller, Duke, Kerins NOES: None ABSENT: Slates ABSTAINED: Higgins THE MOTION CARRIED. -16- 11/17/70-PC Minutes: H.B. Planning Commission November 17, 1970 Page 17 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED TO A DINNER MEETING TO BE HELD ON NOVEMBER 23, 1970. Secretary Roger . Slates Chairm n rcus M. P rter Vice -Chairman r -17- 11/17/70-PC t