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HomeMy WebLinkAbout1974-04-16MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, APRIL 16, 1974 - 7:00 P.M. - REGULAR MEETING COMMISSIONERS PRESENT: Geiger, Higgins, Kerins, Wallin, Boyle Commissioner Bazil arrived at 7:10 P.M. Commissioner Porter arrived at 7:35 P.M. NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE CONSENT CALENDAR Minutes ON MOTION BY BOYLE AND SECOND BY WALLIN MINUTES OF MARCH 19, 1974 AND APRIL 2, 1974 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle NOES: None ABSENT: Bazil and Porter SCHEDULED ITEMS TENTATIVE TRACT NO. 8623 Applicant: Continental Multi -Homes, Inc. Tentative Tract Map 8623 was filed with the Planning Department on March 5, 1974 for permission to convert the existing 106 unit Huntington Pacific Apartments to a statutory condominium. This property is located at 711 Pacific Coast Highway and zoned Cl and C1-0. Mr. James Palin addressed the Commission and stated that applicant's representative had been present at Subdivision Committee Meeting and had been informed that he could request a continuance on the map to allow time for filing for proper zoning and a Conditional Use Permit which is required by Article 931 to be processed simultaneously with a tentative tract map for approval of a Planned Residential Development. Mr. George Putnam, applicant's representative stated at that time that they would pursue the conversion on the tentative map without filing a Conditional Use Permit. He stated that at time the construction was completed several years ago it met code requirements for a planned residential development. He stated that they merely wanted to change the ownership, mainly from corporate ownership to individually owned units. He discussed the benefits of private ownership. Commissioners discussed the City Attorney's Opinion No. 74-12. Deputy City Attorney John O'Connor stated that the granting of approval could be challenged. Staff's recommendations for denial and reasons therefor were discussed. -1- 4/16/74 - PC Minutes: H.B. Planning Commission Tuesday, April 16, 1974 Page 2 Mr. Shea, attorney representing the applicant, addressed the Commission and discussed the request. He stated that he felt the Opinion was incorrect. Staff report indicated to Commission the following: 1. Refusal of the developer to file,a Conditional Use Permit to be processed simultaneously with tentative tract 8623 as required by Article 931 to permit the conversion of apartment to condominium. 2. The development does not conform to the provisions contained in Article 931 for parking, common open space, and private patio areas. 3. Failure of the developer to file rezoning for a subsequent change in District classification that allows said use of land, building or premises. ON MOTION BY BOYLE AND SECOND BY BAZIL REQUEST FOR ONE (1) LOT SUB- DIVISION (APARTMENT/CONDOMINIUM CONVERSION) FOR TENTATIVE TRACT NO. 8623 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. The proposed project does not conform to development standards contained in Article 931 of the Huntington Beach Code. Specifically: a. Section 9310.20: the maximum building height shall not exceed thirty-five (35) feet. The proposal indicates a height of 45 feet. b. Section 9310.11: requires private patios to have a minimum dimension of 12 feet. The proposal indicates the first floor apartments have patios with dimensions 7, 8, and 10 feet. C. Section 9310.22: requires 251off-street parking spaces. The proposal indicates 231 spaces or 20 spaces less than required. d. Section 9310.27 (h) requires a recreation area containing at least ten thousand (10,000) square feet with a minimum dimension of 50 feet and an average of one hundred (100) feet. The proposal's largest recreation area is 2,800 square feet with a minimum dimension of 40 feet. e. Section 9310.28 requires a 30 inch box tree for each residential unit. The proposal indicates considerably less than the re- quired number of trees. 2. The present Cl zoning (neighborhood commercial) does not allow said use of the land, building and premises for residential purposes. The applicant has not filed for a zone change which would allow the proposed residential use of the land. 3. The developer did not file a Conditional Use Permit application to accompany the tentative tract application as required by Section 9310.1 -2- Minutes: H.B. Planning Commission Tuesday, April 16, 1974 Page 3 AYES: Bazil, Kerins, Wallin, Boyle NOES: None ABSTAIN: Porter, Higgins, Geiger Commissioner Porter stated that his reason for abstaining was that he had not been present during the entire discussion. APPEAL OF BOARD OF ZONING ADJUSTMENTS' ACTION ON OIL WELL ACTIVATION PERMIT NO. 74-2 Applicant: Robert Vigue On March 5, 1974 the Board of Zoning Adjustments conditionally approved Oil Well Activation Permit No. 579 (74-2), a proposal to reactivate "H.B. #4", an idle well. This is located on the east side of 22nd Street between Orange and Olive 200 ft. south of Orange in an R3-0 high density residential district combined with oil production. On March 12, 1974 applicant appealed the Board's decision, specifically the condition imposed by the Board which required landscaping and screening with a 42 inch wall around the subject site, if the well is successfully productive at the end of six months. Commission discussed the staff report. The applicant, Mr. Robert Vigue, was not present. Mr. John Cope, staff, indicated to Commission that Mr. Vigue had been duly notified of the hearing date and time. Chairman Kerins stated that he did not feel he should deny the Appeal since the appellant was not present. ON MOTION BY HIGGINS AND SECOND BY BAZIL THE APPEAL WAS DENIED AND CONDITION IMPOSED BY BOARD OF ZONING ADJUSTMENTS WERE UPHELD BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Wallin, Boyle, Porter NOES: Kerins ABSENT: None PROPOSED DOWNZONING FROM R3 to R2 ON PROPERTY LOCATED ON NORTHWEST CORNER OF FRANKFORT AND CALIFORNIA STREETS. Mr. Ed Selich addressed the Commission and outlined the status report, background, existing conditions, relation to Land Use Element Phase II, analysis of the staff, alternatives in zoning pattern, and recommendations of the staff. A vugraph of the area depicting zoning was shown. Commission discussed the alternatives in the zoning pattern. A MOTION WAS MADE BY HIGGINS AND SECONDED BY BAZIL TO SET FOR REZONING FOUR 54' R3 LOTS LOCATED ON THE NORTH SIDE OF FRANKFORT BETWEEN DELAWARE AND ALABAMA TO R2 ZONE. -3- 4/16/74 - PC Minutes: H.B. Planning Commission Tuesday, April 16, 1974 Page 4 A MOTION WAS MADE BY GEIGER AND SECONDED BY BOYLE TO AMEND THE ORIGINAL MOTION TO INCLUDE IN STAFF STUDY THE C3 LOTS LOCATED ON THE NORTHWEST AND NORTHEAST CORNER OF DELAWARE AND FRANKFORT. COMMISSIONER BOYLE WITHDREW HIS SECOND WHEN IT WAS POINTED OUT BY MR. HARLOW THAT THERE EXISTED R3 LOTS JUST NORTH OF THE C3 LOTS WHICH WOULD MEAN THAT THERE WOULD BE INCONSISTENCIES IN THE REZONING OF THE C3 LOTS. THE MOTION DIED FOR A LACK OF A SECOND. A MOTION WAS MADE BY WALLIN AND SECONDED BY GEIGER TO INCLUDE THE LARGE R3 PARCEL ON THE NORTHEAST CORNER OF ALABAMA AND FRANKFORT IN THE REZONING PROPOSAL. VOTE: AYES: Geiger, Wallin NOES: Bazil, Higgins, Kerins, Boyle, Porter ABSENT: None THE MOTION FAILED. ON MOTION BY HIGGINS AND SECOND BY BAZIL STAFF WAS INSTRUCTED TO PREPARE A PROPOSED ZONE CHANGE ON THE FOUR 54 FT. R3 LOTS ON THE NORTH SIDE OF FRANKFORT BETWEEN DELAWARE AND ALABAMA TO R2 ZONE BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: None DISCUSSION OF POPULATION GROWTH ELEMENT OF THE GENERAL PLAN Mrs. Maureen Wild addressed the Commission and outlined the beginnings of the Population Growth Element of the General Plan. A vugraph of the graphic illustration of the alternatives was presented. Commission discussed the various alternatives. It was the consensus of the Commission that Alternatives 6 and 3 were preferred with 9 to be considered as a viable alternative. WRITTEN COMMUNICATIONS: Letter from The Resources Agency of California dated April 9, 1974 Commission noted that letter indicated their acceptance of the City's Open Space Plan. -4- 4/16/74 - PC Minutes: H.B. Planning Commission Tuesday, April 16, 1974 Page 5 Letter from Mr. William H. Thomas requesting assistance from the City in building a single family dwelling on 25 ft. x 117.5 f t. lot located in R-3 zone of the old Townlot area. Staff was directed to research this problem further in the Old Town Study and report to the Commission their findings. Letter from Environmental Review Board re Modifications of Approval on TT 8192 dated April 10, 1974 ON MOTION BY BAZIL AND SECOND BY WALLIN MODIFICATION OF CONDITIONS OF APPROVAL ON TENTATIVE TRACT 8192 IMPOSED BY PLANNING COMMISSION AT ITS OCTOBER 2, 1973 MEETING WERE APPROVED BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: None Memo from Planning Department re Revision of Unclassified Uses Permitted (retail nurseries) Staff was directed by Commission to amend Article 933 to provide for retail nurseries to be included in areas other than commercial districts. NOTICE OF PUBLIC HEARING TO BE HELD BY THE WESTMINSTER CITY COUNCIL ON PROPOSED LAND USE DISTRICT CHANGE - ZONE CHANGE R-286 ON MOTION BY BOYLE AND SECOND BY WALLIN STAFF WAS DIRECTED TO REQUEST FROM CITY OF WESTMINSTER ENVIRONMENTAL DOCUMENTATION ON PROPERTY IN QUESTION BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: None Letter from City Attorney dated April 9, 1974 Re: Notice Required in Establishing Setback Lines Staff was directed to proceed under conditions outlined in Attorney's report. CITY OF CHINO - Letter dated April 5, 1974 This letter indicated Chino City Council adopted Resolution concerning need for State tax relief to implement the Conservation and Open Space Elements of General Plans. -5- 4/16/74 - PC Minutes: H.B. Planning Commission Tuesday, April 16, 1974 Page 6 ON MOTION BY BOYLE AND SECOND BY PORTER STAFF WAS DIRECTED TO PREPARE A RESOLUTION OUTLINING OUR CONCERN ON TAX RELIEF BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: None ORAL COMMUNICATIONS Mr. Dale Dunn, Vice President of Huntington Harbour Corporation, addressed the Commission and requested that they reconsider their action of April 2 to include Code Amendment No. 74-5 and Code Amendment No. 74-2 in the PRD Ordinance. A MOTION WAS MADE BY HIGGINS AND SECONDED BY BAZIL TO RECONSIDER ACTION OF APRIL 2, 1974 BUT FAILED BY THE FOLLOWING VOTE: AYES: Higgins, Bazil NOES: Kerins, Wallin, Boyle, Porter ABSTAIN: Geiger Mr. Dave Diamond, President of the Home Council, addressed the Commission and suggested that they prepare models of what they would like to see in the City, which would depict percentage of land devoted to open space, industrial operations, commercial operations, and recreational activities. He stated that the Commission could then view what areas are left and determine what percentage of open space could be developed into open space. COMMISSIONERS' COMMENTS Commissioner Higgins asked Deputy City Attorney John O'Connor if it was necessary to file a "Conflict of Interest" report and Mr. O'Connor stated that it was not necessary at the present time. Commissioner Boyle discussed the possibility of Atlanta or Garfield extending across the Santa Ana River into Costa Mesa. Mr. Ralph Leyva, Traffic Engineer, stated that he would check with County authorities and research the question and report back to Commission. Chairman Kerins suggested that Secretary Harlow review High Rise Code with VTN and request their comments. Secretary Harlow stated that he would be meeting with them on April 17 and would discuss at that time. Commissioner Porter discussed the Dial -A -Ride. He suggested that Commissioner Geiger be placed on a Committee to investigate this. STAFF'S COMMENTS Secretary Harlow reviewed action of April 15 Council meeting. He indicated that use of old Civic Center site was discussed and referred back to staff for further study. �J -6- 4/16/74 - PC Minutes: H.B. Planning Commission Tuesday, April 16, 1974 Page 7 Secretary Harlow stated that the Mayor indicated that Meadowlark lease would be running out shortly and that the Planning Commission should make a land use study in that area. Ile stated that Code Amendment No. 73-24, AR Residential Suffix was approved. ON MOTION BY KERINS AND SECOND BY HIGGINS THE MEETING WAS ADJOURNED AT 9:40 P.M. TO APRIL 23, 1974 MEETING BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: None /J W R' and A. Harlow Secretary 1 11�%J".-L.1) W. VOJ4.-A.-A. E ward H. Kerins Chairman -7- 4/16/74 - PC