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HomeMy WebLinkAbout1974-05-21MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, MAY 21, 1974 - 7:00 P.M. COMMISSIONERS PRESENT: Geiger, Bazil, Kerins, Porter Commissioner Boyle arrived at 8:30 P.M. COMMISSIONERS ABSENT: Higgins and Wallin NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONDITIONAL EXCEPTION NO. 74-25 APPEAL USE PERMIT NO. 74-11 APPEAL Applicant: David E. Lorenzini, C.S.I. Appellant: Huntington Harbour Property Owners Association Conditional Exception No. 74-25 is a regnest to permit a 5 ft. side yard encroachment for a proposed three story dwelling unit. Use Permit No. 74-11 is a request to permit the construction of a three story dwelling unit located at 16787 Bolero Lane. Mr. Dave Eadie addressed the Commission and indicated that there was on display a multi -purpose chart comparing building heights in the area. The Chairman opened the hearing to the public. Mr. David E. Lorenzini, applicant, addressed the Commission and stated that he would be glad to answer any questions. There was a discussion on windows. Mr. Lorenzine indicated that a window on the top floor would be eliminated. Mr. Don Eggleston, Vice President of the Huntington Harbour Property Owners Association, addressed the Commission and spoke against the project, indicating that he felt that both moral and legal issues were involved. The CC & R's which contained the signatures of some 1500 residents indicated that no building of 3 story height shall be permitted. Mr. Edward Caudill addressed the Commission and indicated that he had not received notice of the public hearing and spoke against the project, stating that he felt it would be incongruous in the area. Mr. Lorenzini again addressed the Commission and stated that although a portion of the dwelling was planned for three stories, the overall building height was four feet under the two story height limit. The public hearing was closed. Minutes: H.B. Planning Commission Tuesday, May 21, 1974 Page 2 Commissioner Bazil stated that he did not feel that a decision should be made on the legality of the CC & R's. Commission dis- cussed the Ordinance and it was the consensus of the Commission that a Code Amendment should be prepared changing the Code to eliminate the number of stories insofar as dwelling heights are concerned. Secretary Harlow stated that such a Code Amendment would be prepared for discussion at a future meeting which would regulate height and not number of stories. ON MOTION BY PORTER AND SECOND BY GEIGER CONDITIONAL EXCEPTION NO. 74-25 APPEAL TO -DENY WAS SUSTAINED FOR THE FOLLOWING REASON AND BY FOLLOWING VOTE: No hardship was demonstrated by the applicant. AYES: Geiger, NOES: None ABSENT: Higgins, Bazil, Kerins, Porter Wallin, Boyle A MOTION WAS MADE BY PORTER AND SECONDED BY GEIGER TO DENY USE PERMIT NO. 74-11 FOR THE FOLLOWING REASON: The proposed dwelling would be incompatible with the neighborhood. VOTE: AYES: Porter, Geiger NOES: Bazil, Kerins ABSENT: Higgins, Wallin, Boyle THE MOTION FAILED. A MOTION WAS MADE BY KERINS AND SECONDED BY BAZIL TO APPROVE USE PERMIT NO. 74-11 FOR THE FOLLOWING REASON: The proposed dwelling would not be detrimental to the neighborhood. VOTE: AYES: Bazil, Kerins NOES: Porter, Geiger ABSENT: Higgins, Wallin, Boyle THE MOTION FAILED ON MOTION BY PORTER AND SECOND BY KERINS COMMISSION RECOMMENDED THE GRANTING OF A REFUND ON THE APPEAL TO USE PERMIT NO. 74-11 BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter NOES: None ABSENT: Higgins, Wallin, Boyle -2- 5/21/74 PC Minutes: H.B. Planning Commission Tuesday, May 21, 1974 Page 3 USE PERMIT NO. 74-11 APPEAL WAS CONTINUED TO JUNE 4, 1974. The Chairman called a 30 minute recess at 7:45 P.M. The meeting reconvened at 8:15 P.M. Secretary Harlow discussed the City Council's action at their meeting of May 20th regarding the Sunset Heights Area. He stated that the City Attorney was directed to prepare an opinion on seismic safety and density. The Commission was requested to postpone action on applications in the area pending completion of the opinion. He further stated that the City Council had directed the Planning Commission to study this area and requested that it be given high priority. CONDITIONAL EXCEPTION NO. 74-20 - Apneal Applicant & Appellant: Franklin J. Buccella Conditional Exception No. 74-20 is a request to construct a new 38 unit apartment building permitting a 9 ft. high building overhang into a driveway located on the west side of Lynn Street 450 ft. north of Warner, 200 ft. south of Milo Street. Chairman Kerins opened the hearing to the public. Mr. Frank J. Buccella, applicant and appellant, addressed the Commission and requested that action be taken so that he could revise his plans to meet code requirements. Commissioner Boyle arrived at 8:30 P.M. Mr. Dave Eadie addressed the Commission and clarified the request for Conditional Exception, stating that action taken would be discretionary with the Planning Commission. The public hearing was closed. ON MOTION BY BOYLE AND SECOND BY GEIGER CONDITIONAL EXCEPTION NO. 74-20 APPEAL WAS DENIED FOR THE FOLLOWING REASON AND BY THE FOLLOWING VOTE: The applicant has not shown that a hardship existed. AYES: Geiger, NOES: None ABSENT: Higgins, Bazil, Kerins, Boyle, Porter Wallin -3- 5/21/74 PC Minutes: H.B. Planning Commission Tuesday, May 21, 1974 Page 4 TENTATIVE TRACT MAP NO. 8662 Subdivider: James D. Montgomery This is a request to construct multiple family residences on 8 lots (2.0+ acres) located south of Pearce Avenue, between Blanton and Lynn Streets. The Chairman opened the hearing to the public. Vugraphs were presented. Secretary Harlow reiterated the City Council's recommendations at their meeting of May 20th but stated action could be discretionary. Mr. James Montgomery, applicant, addressed the Commission and requested that action be taken. He stated that there is plenty of area for parks and that the Ocean View School District owns 30 acres of vacant land which could be used for school site. There was a discussion on drainage and Mr. Bill Hartge, Director of Public Works, indicated'that there would be no drainage problem in the area. Mr. Bogdonovich addressed the Commission and spoke against the application. A MOTION WAS MADE BY BAZIL AND SECONDED BY GEIGER TO APPROVE TENTATIVE TRACT 8662 WITH CONDITIONS AS OUTLINED BY STAFF. VOTE: AYES: Bazil, Boyle, Geiger NOES: Kerins, Porter ABSENT: Wallin, Higgins THE MOTION FAILED Is A MOTION WAS MADE BY KERINS AND SECONDED BY PORTER TO DENY TENTATIVE TRACT NO. 8662 FOR THE FOLLOWING REASON: Site is not suitable for type of development proposed due to lack of park facilities and school facility in the area. COMMISSIONER PORTER AMENDED THE MOTION TO ADD "AS IT RELATES TO SEISMIC HAZARD IN THE AREA". COMMISSIONER KERINS WITHDREW HIS MOTION ON ADVICE OF DEPUTY CITY ATTORNEY REGARDING REASONS FOR DENIAL. ON MOTION BY KERINS AND SECOND BY BOYLE TENTATIVE TRACT NO. 8662 WAS CONTINUED TO MAY 28, 1974 BY THE FOLLOWING VOTE: AYES: Geiger, Kerins, Boyle, Porter NOES: Bazil ABSENT: Wallin, Higgins -4- 5/21/74 PC Minutes: H.B. Planning Commission Tuesday, May 21, 1974 Page 5 ZONE CASE NO. 73-28 (Continued from May 7, 1974) Applicant: Classic Development Corporation Zone Case No. 73-28 is a request to change zoning from MH to R1. Reason: To subdivide parcel into 70 R1 lots (6000 sq. ft. minimum). The property is located on the northwest corner of Garfield Avenue and Newland Street. Vugraphs were presented. Mr. Ed Selich discussed the staff's recommendations and findings. He stated that any continuance would have to be with applicant's concurrence. The Chairman opened the hearing to the public. Mr. Jim Chaffin, representing Classic Development, addressed the Commission and spoke in favor cf the zone change. He stated that Classic had been in the business of building single familiy dwellings for several years and did not feel that staff's recommendations for Rl-PD were warranted. Mr. Selich stated that reports submitted indicated that the property is suitable for R1 structures. The Chairman closed the hearing to the public. A MOTION WAS MADE BY GEIGER AND SECONDED BY BAZIL TO APPROVE THE ZONE CHANGE AS IT CONFORMS WITH THE HEALTH, SAFETY, AND GENERAL WELFARE REQUIREMENTS OF THE AREA. VOTE: AYES: Geiger, Bazil NOES: Kerins, Boyle, Porter ABSENT: Higgins, Wallin THE MOTION FAILED. A MOTION WAS MADE BY BOYLE AND SECONDED BY PORTER TO DENY ZONE CASE NO. 73-28 BECAUSE OF THE GEOLOGICAL HAZARD AND BECAUSE IT IS NOT THE BEST USE OF THE PROPERTY. AYES: Boyle, Porter, Kerins NOES: Geiger, Bazil ABSENT: Higgins, Wallin THE MOTION FAILED. ON MOTION BY BOYLE AND SECOND BY BAZIL ZONE CASE NO. 73-28 WAS CONTINUED TO JUNE 4, 1974 WITH APPLICANT'S CONCURRENCE BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin _�_ -r 11 /7A, �^ Mintues: H.B. Planning Commission Tuesday, May 21, 1974 Page 6 CODE AMENDMENT NO. 74-4: TIME OF HEARING REVISION Chairman Kerins opened the hearing to the public. There being no one to speak for or against the Code Amendment, the Chairman closed the public hearing. ON MOTION BY PORTER AND SECOND BY BOYLE CODE AMENDMENT NO. 74-4 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin TENTATIVE TRACT NO. 7596 Subdivider: Donald L. Bren Co. This request is for a one year extension of time of the conditions of approval commencing July 5, 1974. The property is located east of Newland Street south of Garfield Avenue. Commission discussed the request. ON MOTION BY KERINS AND SECOND BY BAZIL TENTATIVE TRACT NO. 7596 REQUEST FOR EXTENSION OF TIME WAS CONTINUED TO JUNE 18, 1974 MEETING BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin Mr. Richard Holz, representing the Bren Company, reviewed with Commission the maps on display of Tract No. 7596. Vugraphs were shown. There was a discussion of major storm drain to be in- stalled and the posting of the bond, and his request for earlier hearing. ON MOTION BY KERINS AND SECOND BY BAZIL COMMISSION AGREED TO RECONSIDER PREVIOUS ACTION BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin ON MOTION BY KERINS AND SECOND BY BAZIL TENTATIVE TRACT NO. 7596 REQUEST FOR EXTENSION OF TIME WAS CONTINUED TO JUNE 4, 1974 MEETING BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin 1 I Ll -6- 5/21/74 PC Minutes: H.B. Planning Commission Tuesday, May 21, 1974 Page 7 CODE AMENDMENT NO. 74-1: "BZA and Planning Commission Filing Fees " ON MOTION BY PORTER AND SECOND BY BOYLE STAFF WAS DIRECTED TO SET CODE AMENDMENT NO. 74-1 FOR PUBLIC HEARING BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin CODE AMENDMENT NO. 74-8: "Permitting Single Family Residences in the R3 Zone" The memo from the City Attorney was discussed and Secretary Harlow requested that this be continued to next Commission meeting, pending completion of study. WRITTEN COMMUNICATIONS: Memo from Deputy Fire Marshal Vanderlaan regarding labor camps located on Ellis and Gothard Streets. Letter from Captain Mish, Murdy Fire Station to California Labor Camp outlining violations which had been noted. Letter from Captain Mish to Mr. David Limon outlining violations noted on fire prevention inspection made April 9, 1974. Article from Huntington Beach Independent dated Thursday, May 16, 1974. Commission discussed above communications with Andy Vanderlaan. Commission discussed whether the Huntington Beach area would benefit from such usage. A MOTION WAS MADE BY BAZIL AND SECONDED BY BOYLE TO PROCEED WITH CODE AMENDMENT CREATING AN UNCLASSIFIED USE. VOTE: AYES: Bazil, Boyle, Kerins NOES: Geiger, Porter ABSENT: Wallin, Higgins MOTION FAILED. SECRETARY HARLOW WILL CONTACT COMMISSIONERS HIGGINS AND WALLIN TO ASCERTAIN THEIR VIEWS ON THE UNCLASSIFIED USE CODE AMENDMENT. Memo from VTN Consolidated, Inc. commenting on proposed code amendment No. 72-21 "Multi -Story" Commission discussed the communication, noted and filed. -7- 5/21/74 PC Minutes: H.B. Planning Commission Tuesday, May 21, 1974 Page 8 Communication dated April 29, 1974 from City Attorney to City Council concerning Landmark Trees Chairman Kerins suggested that he felt this matter should be referred to the Environmental Council. Report from Intergovernmental Coordinating Council of Orange County on Floodinq and Flood Insurance Communication noted and filed. RESOLUTION NO. 1139 - The need for State Tax Relief to Implement The Conservation and Open Space Elements of General Plan Chairman Kerins requested that this Resolution be rewritten with changes in fifth paragraph and sixth paragraph deleted. The revised Resolution will be presented to Commission at May 28th meeting. Tentative Tract 7771 - Review for Approval of Fencing Material Mr. James Palin discussed the request from Alpine Civil Engineers to which plans had been attached showing location of proposed wall as well as a section of construction, type, and color of block to be used. ON MOTION BY KERINS AND SECOND BY BOYLE COMMISSION APPROVED PLANS AS SUBMITTED BY THE FOLLOWING VOTE: AYES: Bazil, Geiger, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin Letter from Covington Brothers re Change from Medium Shakes to Monray (Burnt Mission) tile which would be an upgrade for Project Noted and filed. James Palin indicated to Commission that it was for their review. STAFF'S COMMENTS Secretary Harlow discussed City Council meeting of May 20th. He stated that City Council had deferred action on Tract 8000 because of seismic considerations brought to their attention. The City Council overruled the Planning Commission on appeal to deny Tentative Tract 8623. The annual review process of Policy Plan was postponed until Study Session to be held jointly with Planning Commission at 5:30 P.M. on June 3, 1974. It was requested by Chairman Kerins that staff, if possible, determine what areas of Policy Plan would be discussed. At 11:00 P.M. the meeting adjourned to the conference room for a study session. -8- 5/21/74 PC Minutes: H.B. Planning Commission Tuesday, May 21, 1974 Page 9 Discussion: Open Space/Conservation Plan Alternatives Monica Florian addressed the Commission and presented Alternatives A, B, and C and asked for direction from Commission. The consensus of the Commission was regulation and minimal acquisition. The Open Space and Conservation Preliminary Plan will be ready for presentation to the Commission in June 1974. COMMISSIONERS" COMMENTS Chairman Kerins requested that the Code Amendment dealing with parking on PRD should also include areas for recreation vehicle storage. Chairman Kerins requested that staff check into shopping centers to insure that at least a 32" hiah wall or suitable fencing around parking area was beina installed. He requested specifically that shopping center at Bolsa and Goldenwest be checked for fencing. Dave Eadie will report back on this. Chairman Kerins requested that he be furnished copies of Code Amendments that go to City Council. ADJOURNMENT ON MOTION BY GEIGER AND SECOND BY BAZIL THE MEETING WAS ADJOURNED AT 11:45 P.M. TO THE MAY 28, 1974 MEETING BY THE FOLLOWING VOTE: AYES: Bazil, Geiger, Kerins, Boyle, Porter NOES: None ABSENT: Higgins, Wallin R and A. Harlow Secretary Edward H. Kerins Chairman -9- 5/21/74 PC