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HomeMy WebLinkAbout1972-03-21MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 21, 1972 COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Council Chambers, Civic Center Huntington Beach, California Slates, Bazil, Duke, Porter, Kerins, Boyle, Higgins None MINUTES: On motion by Kerins and second by Boyle, the -Minutes of the Huntington Beach Planning Commission of - November 16, December 14, and December 21, 1971 were accepted as transcribed and mailed by the Secretary. NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN: CONDITIONAL EXCEPTION NO. 71-54 - Continued from February 8, 1972 Applicant: Robert Kerr To permit the boarding of 11 horses on a 16,800 sq. ft. parcel of land in the R2 Two Family Residence District.. The subject property is located on the east side of Blanton Street approximately 135 ft. south of Prairie Drive,-legalZy_-.described as Tract No. 349, Block D, Lots IS- and 15..:� The Acting Secretary pointed out to the Commission they had previously continued all equestrian applications pending the outcome of standards by the Ad Hoc Committee on Equestrian Standards. Mr. Harlow stated that since the committee has prepared two sets of standards, namely, one for "commercial" and another for "non-commercial" horse facilities and the Commission has not yet reviewed the "non-commercial" horse standards, the staff recommends this item be continued.. Mr. Harlow informed the Commission that the applicant has been contacted and concurs with this direction. A MOTION WAS MADE- BY KERINS AND SECONDED BY BAZIL TO CONTINUE CONDITIONAL EXCEPTION NO. 71-54 TO MAY 16, 1972 FOR THE AFOREMENTIONED REASONS: ROLL CALL VOTE: AYES: Porter, Kerins, Duke, Boyle, Higgins, Bazil NOES: None ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-59 - Continued from February 15, 1972 Applicant: McWhorter -Gardner -McWhorter -.. -... 4....:.. I.-parmi.t.-the, construction and operation of a'boarding'stable for SO'horses, expanding to 100 over a 5 year period on 4.59 acre parcel of land in the M1 Light Industrial District.. The subject property is located 1000 ft. north of Talbert Avenue and east of Gothard Street. -1- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 2 The Acting Secretary informed the Commission that the Ad Hoc Committee on Equestrian Standards made its presentation to the Commission at the March 14, 1972 Study Session and since the Commission has requested further research on these standards, the staff recommends continuance of Conditional Exception No.71-59. A MOTION WAS MADE BY KERINS-AND SECONDED BY BOYLE JO CONTINUE CONDITONAL EXCEPTION NO. 71-59 TO MAY 16, 1972 FOR THE AFOREMENTIONED REASON. ROLL CALL VOTE: AYES: Porter, Bazil, Kerins, Boyle, Duke, Higgins NOES: None ABSENT: Slates THE MOTION CARRIED. TENTATIVE TRACT MAP NO. 7755 - Continued from March 7, 1972 Subdivider: Tustin Village, Incorporated 143 lots on 20 acres of land, bounded by Utica Avenue on the north, Delaware Street on the west, Adams Avenue on the south and Florida Street on the east. The Acting Secretary informed the Commission that this request was heard by the Commission at the March 7,,1972 meeting at which time action was continued to April 4, 1972 meeting to allow time for the City Attorney to research the request. Mr. Harlow pointed out that it was the consensus of the staff that the map necessitated major revison after action by the Commission; therefore, a continuation to the April 18, 1972 meeting would be in'order. A MOTION WAS MADE BY KERINS AND SECONDED BY BOYLE TO CONTINUE TENTATIVE TRACT MAP NO. 7755 TO APRIL 18, 1972, FOR`THE AFOREMENTIONED REASON. ROLL CALL VOTE: AYES: Porter, Bazil, Kerins, Boyle, Duke, Higgins NOES: None ABSENT: Slates THE MOTION CARRIED. TENTATIVE TRACT MAP NO. 7743 Continued from March 7, 1972 Subdivider: United PropertiesInvestors 15 lots on 2.16 acres of land located at the northwest corner of the intersection of Marina View Place and Los Patos Avenue. In Conjunction With USE PERMIT NO. 72-6 Applicant: Harbour Heights Company To allow the construc- tion of 15 units, Planned Residential Development, on a 2.16 acre parcel of land. -2- 3/21/72 PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 3 The Acting Secretary informed the Commission that a representative of the developer has contacted the Planning Department and indicated they have made some of the necessary revisions to the plan; however, there are other requirements the Subdivision Committee requested that have not been accomplished. Mr. Harlow stated that the staff advised the representative -that all requirements should be accomplished before the matter is heard by the Commission. Mr. Harlow pointed out that to this date, the developer has not indicated that these matters have been taken care of nor has a new plan been submitted. A MOTION WAS MADE BY KERINS AND SECONDED BY DUKE TO CONTINUE TENTATIVE TRACT MAP NO. 7743 AND USE PERMIT NO. 72-6 TO APRIL 18, 1972, OR DENY SAID REQUESTS IF THE.APPLICANT DOES NOT AGREE. ROLL CALL VOTE: AYES: Porter, Bazil, Higgins, Boyle, Kerins, Duke NOES: None ABSENT: Slates THE MOTION CARRIED. ZONE CASE NO. 71-55 - Continued from March 7, 1972 Applicant: Signal Landmark, Incorporated A change of zone from R1 Single Family Residence District to C4 Highway Commercial District with a 50 ft. setback from the ultimate right-of-way line. The subject property is located on the southwest corner of Adams Avenue and Magnolia Street consisting of 6.78 acres of land. The Acting Secretary informed the Commission that a market demand study should be submitted to the Commission to substantiate the request for the com- mercial zoning. Mr. Harlow pointed out that the applicant has indicated that additional time will be necessary for this study to be complete. In view of this, the applicant has submitted a request for continuance of the zone change. A MOTION WAS MADE BY KERINS AND SECONDED BY BAZIL TO CONTINUE ZONE CASE NO. 71-55 TO APRIL 4, 1972, AT THE APPLICANT'S REQUEST. ROLL CALL VOTE: AYES: Porter, Bazil, Higgins, Duke, Kerins, Boyle NOES: None ABSENT: Slates THE MOTION CARRIED. TENTATIVE TRACT MAP NO. 7692 - Continued from March 7, 1972 Subdivider: Signal landmark, Incorporated 541 lots on 115.6 acres of land located south of Adams Avenue and west of Magnolia Street. The Acting Secretary informed the Commission that he has received a letter from -the developer requesting continuance of Tentative Tract Map No. 7692 to April 4, 1972, in order that a revised map be submitted to. the Planning Department. A MOTION WAS MAI)I! BY Klilt INS AND SI:(:ONI)11.1) BY 110Yl.l! '11) CONTINI11! TENTATIVI! TRACT 14AII 11f), 7r#'►: TO AI1411. 4, 1972, AT '1'111: APPLICANT'S lU!(JUll;T- -3- 3/21/ 72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 4 ROLL CALL VOTE: AYES: Porter, Bazil, Higgins, Kerins, Duke, Boyle NOES: None ABSENT: Slates THE MOTION CARRIED. TENTATIVE TRACT MAP NO. 7742, Subdivider: Signal Landmark, Incorporated 355 lots on 85 acres of land located at the northwest corner of Adams Avenue and Newland Street. The Acting Secretary informed the Commission that he has received a letter from the developer requesting continuance of Tenative Tract Map No. 7742 to May 16, 1972, in order to submit a revision of said map to the Planning Department for review. A MOTION WAS MADE BY KERINS AND SECONDED BY BOYLE TO CONTINUE TENTATIVE TRACT MAP NO. 7742 TO MAY 16, 1972 AT THE APPLICANT'S REQUEST. ROLL CALL VOTE: AYES: Porter, Bazil, Higgins, Kerins, Duke, Boyle NOES: None ABSENT: Slates THE MOTION CARRIED. COMMISSIONER SLATES: Commissioner Slates arrived at 7:30 P.M. and assumed his duties. USE PERMIT NO. 72-9 - Appeal Applicant: Pacific Sands Cabana Club To allow an expansion of recreational facilities at a private club including construc- tion of a sauna bath, and a move -in structure (10 ft. x 20 ft.) to be used for a children's playroom. Subject property is located on ther northwest corner of Altanta Avenue and Schooner Lane in the R1 Single Family Residence District. The hearing was opened to the audience. The attorney for the applicant addressed the Com- mission and explained the request. Commission discussion followed. The Acting Secretary informed the Commission that this application is before them because the Board of Zoning Adjustment's decision has been appealed by Commissioner Slates. Mr. Harlow also informed the Commission that a memo submitted by the City Attorney's office, stating that it is their opinion this request does not constitute a commercial use, since the Club from time to time permits outside organizations the use of the club hall; however, no rental is charged, only a modest cleanup fee. A letter submitted by Vahlco Corporation, the sub -lessors, stating their concern that they did not have sufficient information about the request was received by the Commission. The Commission asked for a legal opinion as to whether Vahlco Corporation's request had to be recognized. -4- 3/21/7.2 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 5 A MOTION WAS MADE BY KERINS AND SECONDED BY BAZIL TO CONTINUE USE PERMIT NO. 72-9 TO APRIL 4, 1972, IN ORDER THAT THE CITY ATTORNEY INVESTIGATE WHETHER THE LETTER FROM VAHLCO COPPORATION IS A LEGITIMATE REASON FOR THE PLANNING COMMISSION TO REFUSE TO HEAR THIS CASE. ROLL CALL VOTE: AYES: Porter, Bazil, Higgins, Kerins, Boyle, Duke, Slates NOES: None ABSENT: None THE MOTION CARRIED. TENTATIVE TRACT MAP NO. 7596 - Continued from March 7, 1972 Subdivider: Larwin Southern California, Incorporated 572 lots on 81.7 acres,of land. In Conjunction With USE PERMIT NO. 72-13 Applicant: Larwin Southern California, Incorporated • To allow the construction of a townhouse development consisting of 572 lots on 81.7 acres of land in the R1 Single Family Residence District. The subject property is located south of Garfield Avenue and east of Newland Street. The hearing was opened to the audience on Use Permit No. 72-13. John Tapking, representing Larwin Company, addressed the Commission and explained the proposal. Mr. Tapking stated that the ratio of children per unit will be less than an R1 development. Mr. Tapking also informed the Commission that Larwin Company is proposing to construct 7 units per acre. Jack Mankin, representing the Fountain Valley School District stated he agrees with Mr. Tapking's figures as cited, but stated that if said project is constructed, it will increase the vandalism in the area. Seven property owners addressed the Commission'and opposed the proposed development on grounds that the block wall constructed around the proposed development will'be facing their homes, and overcrowding of the Newland School. One property owner was concerned with the treatment of the flood control channel. the hearing was closed. There being no other comment Commission discussion followed. Commissioner Duke stated he feels this proposal does not meet the intent of the Planned Resi- dential Development Ordinance. Mr. Duke stated the density will be increased by 50$ and the school will be greatly -5- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 6 effected with such development. Commissioner Kerins stated that the developer is not providing sufficient amount of - open space. Also, it does not meet the Planned Residential Ordinance. A MOTION WAS MADE BY SLATES AND SECONDED BY BAZIL TO APPROVE USE PERMIT - NO. 72-13 UPON THE FOLLOWING CONDITIONS AS AMENDED: 1. The tentative map and precise plan received March 16, 1972 shall'be the approved layout. 2. The flood control channel shall be fenced to flood control district and to City standards. 3. Fencing around the project shall be as follows: a. The existing chain -link fence, along the west boundary of the Newland Elementary School site, shall be removed. b. That portion of the tract adjacent to the north boundary of the Newland School site shall be fenced with a 6 ft. high chain -link, or equivalent, fence except the area opposite the garage doors in which case a 6 ft. high masonry wall shall be constructed. Shrubbery shall be planted where the open fence is installed. c. That portion of the tract's boundary which is adjacent to the high school site shall be fenced with a 6 ft. high chain -link fence, or equivalent, except opposite the garage doors in which case a 6 ft. high masonry wall shall be constructed. Shrubbery shall be planted where the open fence is installed. d. Where the tract abuts the Edison Company easement, a 6 ft. high wall shall be constructed opposite the garage doors with shrubbery, as approved by the Plan- ning Department, provided along the remainder of the tract boundary. e. Fencing adjacent to the flood control channel shall be determined by the Planning Department and Department of Public Works when it is determined how the channel will be constructed. Such plan shall provide for a masonry wall where garages face on arterial highway. f. A 6 ft. high masonry wall shall be constructed along the west boundary of Tract 4742. 4. The planting within the landscaped strip along the alleys adjacent to the tract boundary, shall be approved by the Department of Public Works and Planning Department. 5. A screen fence shall be provided at the end of all alleys that face the front of a dwelling unit. -6- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 7 6. Trees shall be provided within the alley between the units. The type and placement of such trees shall be approved by Department of Public Works and Planning Department. 7. Additional open parking spaces shall be provided in areas where it is determined by the Planning Department that such parking is necessary. 8. Private street widths shall be approved by Planning Department, Fire Department and Department of Public Works. 9. Provisions shall be made for the storage of recreational vehicles. The location of such facilities shall be approved by the Planning Department. 10. A 32 inch high masonry wall shall be constructed along the arterial highways at locations approved by the Department of Public Works and Planning Department. The area between the curb and the 32 inch high wall shall be landscaped by the -developer according to plans approved by the Planning Department and Department of Public Works. Such area shall be maintained by the Homes Association. A public sidewalk shall be provided on the interior of the wall. The location of such walk shall be approved by the Department of Public Works and Planning Department. 11. The sidewalk along the public street, designated on the map as "A" Street, shall be designed so as to provide a meandering effect into the open space. The design and location of such sidewalk shall be approved by the Planning Department and Department of Public Works. 12. The Planning Department and Department of Public Works shall review the design of the subdivision in the vicinity of Garfield Avenue, Newland Street and the flood control channel to determine the compatibility of such design with the flood control channel. Determination shall be made when the method of constructing the flood control channel has been decided. If it is determined that the map should be redesigned, the developer shall comply with the requirements of the Department of Public Works and Planning Department. 13. A soil report prepared by an approved soil's engineer shall be submitted by the Department of Public Works piror to recordation of any portion of the tract and all portions of the land not satisfactory for building shall be excluded. 14. Private street structural sections shall comply with the Department of Public Works requirements. 15. A lighting system shall be installed on all private streets, walkways, and common areas. Such lighting system shall be approved by'Department of Public Works and Planning Department. -7- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 8 - 16. A detailed plan for pedestrian and vehicular circulation shall be approved by the Planning Department prior to issuance of a.building permit, a -grading permit or recordation for a final.map. Such plan shall provide for reasonably well defined pedestrian routes from the unit to the recreation and open areas. 17. The tract layout in the vicinity of Yarktown Avenue and Tract 4742.shall be revised to avoid the excessive amount of streets and to increase the amount of usable open space. Such open space should not be separated by a street or alley. 18. The turn -around at the westerly end of Anchorage Drive shall be completed in accordance with Department of Public Works requirements. 19. The amount of separation between building -shall be increased in areas specified by the Planning Department. Specifically, in the northern portion of the map. Also, Lot 394 shall be deleted or other provisions shall be made to increase building separation. 20. The building elevations shall comply with the plans presented to the Planning Commission on March 21, 1972. 21. The street tree and on -site tree requirements shall be determined by the Planning Department and Department of Public Works. The developer shall contact the Planning Department prior to preparation of a landscape plan to determine this requirement. ' 22. All applicable requirements for the policy statement adopted by the Planning Commission on February 8, 1972 shall be complied with. 23. A revised plot plan shall be reviewed by the Board of Zoning Adjustments to determine such additional condi- tions as deemed necessary and for compliance with all conditions of approval. 24. All standard conditions of approval for tentative tracts that are applicable shall be complied with. ROLL CALL VOTE: AYES: Bazil, Porter, Boyle, Slates, Higgins NOES: Kerins, Duke ABSENT: None THE MOTION CARRIED. A MOTION WAS MADE BY SLATES AND SECONDED BY BAZIL TO APPROVE TENTATIVE TRACT MAP NO. 7596 AND THE SAME CONDITIONS AS AMENDED -FOR USE PERMIT NO. 72-13 SHALL BE APPLICABLE. ROLL CALL VOTE: AYES: Bazil, Porter, NOES: Kerins, -Duke ABSENT: None THE MOTION CARRIED. Boyle, Slates, Higgins -8- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 9 A FURTHER MOTION WAS MADE BY SLATES AND SECONDED BY BOYLE TO INSTRUCT THE:STAFF TO TRANSMIT A LETTER TO THE CITY COUNCIL AND PARKS AND RECREATION COMMIS- SION OPPOSING THE ACQUISITION OF THE ll.54 ACRE PARCEL. ROLL CALL VOTE: AYES: Porter, Kerins, Duke, Boyle, Higgins, Boyle, Slates NOES: None ABSENT: None THE MOTION CARRIED. COMMISSIONER SLATES: Commissioner Slates was excused from further participation at 9:40 P.M. RECESS CALLED: The Chairman called a recess at 9:45 P.M. COMMISSION RECONVENED: The Commission reconvened at 10:00 P.M. ZONE CASE NO. 72-11 Initiated by the Planning Commission A change of zone from R2 Two Family Residence District to RA Residential Agricultural District, as initiated by the Planning Commission. The subject property consists of 6.23 acre parcel of land located on the northwest corner of Hamilton Avenue and Magnolia Street. Jere Murphy, Associate Planner, made a presentation of the proposal. Mr. Murphy stated that this zone change was inadvertently omitted when the Master Plan Amendment for Study Area "A" was prepared in June of 1971. Mr. Murphy pointed out that the Master Plan Amendment No. 71-2, adopted by the Planning Commission on June 15, 1971 shows the subject property as Edison Company right-of-way and park site. The hearing was opened to the,audience, there being no comment the hearing was closed. Commission discussion followed. A MOTION WAS MADE BY KERINS AND SECONDED BY BAZIL TO RECOMMEND APPROVAL OF ZONE CASE NO. 72-11 TO THE CITY COUNCIL FOR THE FOLLOWING REASON: 1. Said proposal is in conformance with the Master Plan of Land Use. ROLL CALL VOTE: AYES: Porter, Bazil, Kerins, Duke, Boyle, Higgins NOES: None ABSENT: Slates THE MOTION CARRIED. -9- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 10 ZONE CASE NO. 72-12 , Applicant: Joseph Abandanato A change of zone from R5 Office -Professional District to R3 Limited Multiple Family Residence District. ,The subject property is located on the north side of Warner Avenue, 990 ft. west of Beach Boulevard - and consists of approximately 3.8 acres of land. Slides were shown of the subject property. The Acting Secretary reviewed-with.the Commission the present land use and ownership of property in the area. The hearing was opened to the audience. Mr: Warmington, representing the property owner addressed the Commission and stated that this is an odd shaped parcel and they would like to consolidate lots to make the land workable. Dave Kirschner, representing Don Jones Realty, stated they would like to see this property zoned R3 Limited Multiple Family Residence District. Don Eggleston, representing Home Council was opposed to further multiple zoning. A representive for the Warner Dental Association, stated that he was concerned with development of subject parcel regarding access. Bill Hartge, City Engineer, stated that he would not be in favor of additional access from Warner'Avenue. comment the hearing was closed. There being no other Commission discussion followed. Commissioner Higgins stated that he feels this property should be developed either residential or -to an appropriate -commercial use. A MOTION WAS MADE BY HIGGINS AND SECONDED BY BOYLE TO RECOMMEND DENIAL OF ZONE CASE NO. 72-12 TO THE -CITY COUNCIL FOR THE FOLLOWING REASONS: 1. Said proposal will leave the balance of the area unusable. 2. Said zone change will constitute a strip zoning. 3. Subject proeprty should be consolidated before being properly developed. 4. There should be a total development on the 15 acre parcel. ROLL CALL VOTE: AYES: Bazil, Porter, Kerins, Duke, Boyle, Higgins NOES: None ABSENT: Slates THE MOTION CARRIED. -10- 3/21/72 - PC 01 Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 11 ZONE CASE NO. 72-13 Applicant: Huntington Beach Company A change of zone from R1-0 Single Family Residence District combined with oil production to R1 Single Family Residence District, from R4-01 Multiple Family Residence District combined with oil production to M2-02 Heavy Industrial District combined with oil production, from R4-0 Multiple Family Residence District combined with oil production to R4-01 Multiple Family Residence combined with oil production and, from R1-0 Single Family Residence District combined with oil production to R4-01 Multiple Family Residence District combined,with oil production. The subject property is located south of Clay Avenue and west of Goldenwest Street and consists of 36.7 acres of land. Commissioner Higgins abstained from participation on this item. The hearing was opened to the audience. Bill Wren, representing tie applicant offered to answer questions. Don Eggleston, representing the Home Council, asked about the amount of land being rezoned to an R4-01. Mr. Eggleston was informed by the Commission that this is just an adjustment of a land strip around the oil island. hearing was closed. There being no other comment, the Commission discussion followed. A MOTION WAS MADE BY KERINS AND SECONDED BY BOYLE TO RECOMMEND APPROVAL OF ZONE CASE NO. 72-13 TO THE CITY COUNCIL FOR THE FOLLOWING REASON: 1. A condition of approval for Tentative Tract Map No. 7421 required that the applicant submits a petition for rezoning to remove the 110" designation from those lots not under oil production. ROLL CALL VOTE: AYES: Porter, Kerins, Bazil, Boyle, Duke NOES: None ABSENT: Slates ABSTAINED: Higgins THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 72-4 � licant: First Pioneer Raab TO permit tile; d i v i s iuli u1 bind of a 115 ft. x 120.27 ft. parcel of land into two separate parcels resulting in one of the parcels having 55 ft. of frontage in lieu of the required 60 ft. of frontage. In Conjunction With -11- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 12 DIVISION OF LAND NO. 72-7 Applicant: First Pioneer Realty The subject property is located 115.ft. east of Silver Lane, between Heil Avenue and Alhambra Avenue in the R2 Two Family Residence District and legally described as Lot 2, Block C of Tract No. 522. The hearing was opened to the audience. Jim Hunt, representing the applicant offered to answer questions. Mr. Hunt informed the Commission that the potential buyer will build on both parcels. There being no other comment the hearing was closed. Commission discussion followed. A MOTION WAS MADE BY BOYLE AND SECONDED BY BAZIL TO APPROVE CONDITIONAL EXCEPTION NO. 72-4 UPON THE FOLLOWING CONDITIONS: 1. The Tentative map received and amended, showing 57.5 ft. lots shall be -the approved layout. 2. Access rights to Heil Avenue shall be dedicated to the City of Huntington Beach. 3. Alhambra Avenue and Heil Avenue shall be dedicated and fully improved to City standards at the time each parcel is developed. Improvements shall.include•street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 4. Water supply shall be through the City of Huntington Beach's water system at the time each parcel is developed. 5. Sewage disposal shall be through the,City of Huntington Beach's sewage system at the time each parcel is developed. 6. The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. 7. The property shall participate in the local drainage assessment district at the time each parcel is developed. 8. All utilities shall be installed underground at the time each parcel is developed. 9. A 6 inch masonry wall shall be constructed along Heil Avenue. 10. All applicable City Ordinances shall be complied with. 11. A Parcel Map shall be filed with the City and recorded prior to framing inspection of any structure on any parcel. 12. The Division of band sliall not be el'fectivu unt:i I an agreement is signed and recorded agreeing to, the coed i- tions listed above. -12- 3/21/72 - PC 11 Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 13 ROLL CALL VOTE: AYES: Porter, Bazil, Kerins, Boyle, Higgins NOES: Duke ABSENT: Slates THE MOTION CARRIED. AND FOR THE FOLLOWING REASONS: 1. Other properties in the area were annexed with lot widths less than 60 ft. 2. Similar requests have been granted by the Planning Commission in the past. A MOTION WAS MADE BY BAZIL AND SECONDED BY BOYLE TO APPROVE DIVISION OF LAND NO. 72-7 AND THE SAME CONDITIONS AS FOR CONDITIONAL EXCEPTION NO. 72-4 WILL BE APPLICABLE. ROLL CALL VOTE: AYES: Porter, Bazil, Kerins, Boyle, Higgins NOES: Duke ABSENT: Slates THE MOTION CARRIED. MINORITY REPORT: Commissioner Duke stated that he feels the applicant failed to demonstrate a hardship on subject property. CONDITIONAL EXCEPTION NO. 72-5 Applicant: Frank L. Arterberry To allow the continuance of an oil field salvage business which was permitted by Use Variance No. 792 and expired February 2 , 1970. The subject property is located 300 ft. north of Clay Avenue and west of Crystal Street in the RA-0 Residential Agricultural District combined with oil production. audience. The hearing was opened to the Walter Catching, representing the applicant, explained the proposal. There being no other comment the hearing was closed. Slides were shown of the subject property. Commission discussion followed. A MOTION WAS MADE BY BOY LE AND SECONDED 13Y BAZ I L TO APPROVE CONDITIONAL 13XC1irr ION NO. 72 - 5 UPON THE L-'OLLOWING CONDITIONS: 1. Conditional Exception No. 72-5 shall be annually reviewed by the Planning Commission. -13- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 14 2. Said use may be terminated by the Planning Commission with a 30 day notice to the owner. 3. Landscape screening shall be placed on Crystal Street as per Planning Department requirements. AND FOR THE FOLLOWING REASONS: 1. There is no zoning at the present time in existance to allow this use. 2. Said use is helpful in cleaning up the oil production areas. ROLL CALL VOTE: AYES: Bazil, Porter, Kerins, Boyle, Duke, Higgins NOES: None ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 72-6 Applicant: Jose Brown To permit the construc- tion of 3 units on a lot having 5875 sq. ft. of lot area or 1958 sq. ft. per unit in lieu of the minimum requirement of 2000 sq. ft. per unit and to permit a minimum open space dimension of 19 ft. in lieu of the minimum requirement of 20 ft. The subject property is located 100 ft. west of Acacia Avenue and south of 16th Street in the R2 Two Family Residence District. The hearing was opened to the audience. Jose Brown, applicant, addressed the Commission and explained the proposal. Mr. Brown submitted drawings of the proposed development. Leonard Wright, 606 Fifteenth Street, Mr. Greg, 501 Fourteenth Street, and Mrs. Dorothy Winter, 1401 Palm Avenue opposed the request. A letter stating argu- ments against granting variances that would result in higher desnity was submitted to the Planning Commission by property owners in the area. There being no other comment the hearing was closed. Commission discussion followed. A MOTION WAS MADE BY DUKE AND SECONDED BY KERINS TO DENY CONDITIONAL EXCEPTION NO. 72-6 FOR THE FOLLOWING REASONS: 1. If approved, it will change the character of the area by allowing the third unit. -14- 3/21/72 - PC Minutes: H. B. Planning Commission Tuesday, March 21, 1972 Page No. 15 2. No hardship was shown. 3. Approval of said request would increase the density in the area. ROLL CALL VOTE: AYES: Higgins, Porter, Kerins, Duke NOES: Bazil, Boyle ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 72-7 Applicant: Charles R. Johnson To permit a) The construction of 3 units on an R2 lot having ,5875 sq. ft. of lot area or an average of 1958 sq. ft. per unit in lieu of the minimum requirement of 2000 sq. ft. per unit; b) A reduction in the minimum open space dimension requirement from 20 ft. to 10 ft. c) A gross dimension on the covered parking provided of 36 ft. in lieu of the required minimum net dimension of 36 ft. The subject property is located on the west side of 14th Street, 180 ft. north of Pecan Street in the R2 Two Family Residence District. The hearing was opened to the audience. A representative for Mr. Johnson, addressed the Commission and explained the proposal. Three property owners spoke in opposition. Mr. Johnson, applicant, stated that the lot is only 125 sq. ft. shy of meeting the minimum requirement for an additional unit. There being no other comment the hearing was closed. Commission discussion followed. Commissioner Boyle stated that he feels this case should be continued to allow time for the Commission to consider an amendment to the code to allow construction of the additional unit. A MOTION WAS MADE BY DUKE AND SECONDED BY KERINS TO DENY CONDITIONAL EXCEPTION NO. 72-7 FOR THE FOLLOWING REASONS: 1. If approved, it will change the character of the area by allowing third unit. 2. No hardship was shown. 3. Approval,of said request would increase the density in the area. -15- 3/21/72 - PC Minutes: I1. B. Planning Commission Tuesday, March 21, 1972 Page No. 16 ROLL CALL VOTE: AYES: Higgins, Porter, Kerins, Duke NOES: Bazil, Boyle ABSENT: Slates THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 72-8 Applicant: Eugene Corey To permit a wholesale nursery on approximately 8.26 acres of land in the M2-02 Heavy Industrial District combined with oil production. The subject property is located.on the southwest corner of Goldenwest Street and Garfield Avenue. Commissioner Higgins abstained from participation on this item and was excused from further participation in the meeting. The hearing was opened to the audience. Bill Wren, H. B. Company, and represent- ing the applicant, stated that this is undeveloped property and the applicant is only asking for a temporary use. Eugene Corey, applicant, addressed the Commission and described the type of operation he is opposing. Mr. Corey stated that he proposes to install street improvements. There being no other comment the hearing was closed. Commission discussion followed. COMMISSIONER HIGGINS: Commissioner Higgins was excused from further participation at 12:15 A.M. A MOTION WAS MADE BY KERINS AND SECONDED BY BOYLE TO DENY CONDITIONAL EXCEPTION NO. 72-8 FOR THE FOLLOWING REASONS: 1. No hardship was shown. 2. Said use should require a zone change application. ROLL CALL VOTE: AYES: Bazil, Porter, Kerins, Boyle, Duke NOES: None ABSENT: Slates, Higgins THE MOTION CARRIED. Additional Information: It was pointed out that the Planning Commission recognized that this type of use is permissible in area under RA zone. DISCUSSION: Warren Hall submitted a report to the Commission from Orange County Mosquito Abatement District. Mr. hall urged the Commission to consider the deletion of new lagoons and artificial ponds within developments to prevent potential breeding sources. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED TO A STUDY SESSION MARCH 28, 1972, AT 1:30 P.M. b. i. o t h e r K. A. It e y �i o 1 15_�__�_---_ -- ----- --- -- Chairman Secretary -lb- 3/21/72 - PC