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HomeMy WebLinkAbout1974-08-20MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, AUGUST 20, 1974 - 7:00 P.M. COMMISSIONERS PRESENT: Geiger, Higgins, Kerins, Boyle, Porter Commissioner Wallin arrived at 7:30 P.M. COMMISSIONERS ABSENT: Bazil CONSENT CALENDAR: ON MOTION BY BOYLE AND SECOND BY HIGGINS THE FOLLOWING ITEMS ON THE CONSENT CALENDAR WERE APPROVED BY THE FOLLOWING VOTE: MINUTES: Minutes of August 6, 1974 were approved. ZONE CHANGE NO. 74-12 was withdrawn. ZONE CHANGE NO. 74-4 was continued to September 4, 1974. is AYES: Geiger, Higgins, Kerins, Boyle, Porter NOES: None ABSENT: Wallin, Bazil REGULAR AGENDA ITEMS: ZONE CASE NO. 74-1 (Continued from 7/16/74) Applicant: Jerome B. Cohen Zone Case No. 74-1 is a request for a change of zone from C4 to R2-PD-14 on property located on the northeast corner of Beach and Atlanta. Reason for this request is based on economic and market- ing studies of the area. Mr. Ed Selich addressed the Commission and gave a brief summary of the staff report which included the property history. Slides and a vugraph of the parcel map were presented. He stated that the proposed zone change is in conflict with the master plan and Land Use Element. The public hearing was opened. Mr. Jerome Cohen, applicant, addressed the Commission and gave a brief background of M. J. Brock & Sons, Inc. He stated that they had participated in the Pacific Sand development in the area. The Brock Company had utilized the services of several sources in determining commercial development guidelines as follows: Urban Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 2 Land Institute, Orange County Planning Department, VTN Engineering and Planning Design Criteria (Text). He stated that it was not economically feasible to develop the property Rl-PD. Mr..Les Lloyd, a homeowner in the adjoining area, addressed the Commission and stated that he was opposed to the zone change and proposed usage for the following reasons: noise pollution, conges- tion of traffic, over crowded schools, and the fact that it would be spot zoning. Mr. Dave Diamond, President of the Home Council, addressed the Commission and spoke against the requested zone change. He stated that he felt the commercial base in Huntington Beach is lower than it should be in relation to residential, and that it would in effect create strip zoning. Mr. Lou Kaa, a homeowner in the area, addressed the Commission and spoke against the rezoning. He stated that children were in double session in some schools now and the proposed usage would create further hardship on the schools. The public hearing was closed. Commission discussed the history of the zoning in the area and the impact of the proposed change on the community in general. ON MOTION BY GEIGER AND SECOND BY HIGGINS ENVIRONMENTAL IMPACT REPORT NO. 74-1 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil ON MOTION BY GEIGER AND SECOND BY WALLIN ZONE CASE NO. 74-1 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. The request is in conflict with the Land Use Element to the General Plan, which was shown to be valid through a staff re -analysis. 2. Although the area is presently overzoned for commercial use, and some commercial land should be rezoned to another use, this is not the proper location to initiate such rezoning. 3. Rezoning would be premature in relation to the anticipated Top -of -the -Pier Plan. 4. Due to size, ownership, and location, property is not suitable for rezoning at this time. Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 3 The staff was directed to study the area surrounding the area of the subject property, especially commercially zoned property to the south as to its size and location. ZONE CASE NO. 74-10 Applicant: Jerry J. Galich Zone Case No. 74-10 is a request for a change of zone from RA-0 to Ml on approximately 6,600 square feet of Residential Agriculture District combined with Oil Production to Light Industrial. The applicant proposes to construct two shop buildings on the subject property located on the northwest corner of Garfield and Crystal. Mr. Ed Selich addressed the Commission. He showed slides of the area and a vugraph of the map, and gave a brief resume of the back- ground, present land use, zoning, and general plan designation. He discussed the existing conditions in the area. He stated that the staff felt the area should not be rezoned until the amendment to the Land Use Element is adopted. The applicant, when contacted by phone, stated that he did not wish to continue the application to October 15, 1974 meeting, pending the completion of the Amend- ment to Phase I Land Use Element. The public hearing was opened. Mr. Jerry J. Galich addressed the Commission and stated that at the time he bought the property he had been informed that it was zoned M1 and had learned from Planning Department that he had been misinformed. He stated that he would like to encourage some industrial growth and not so much residential. Mr. Don Weir addressed the Commission and stated that he had no objection to M1 zoning but would prefer that the oil production not be removed from zoning, indicating a preference for M1-O. The Chairman closed the public hearing. The Commission discussed continuance of the zone case and determined the date of Planning Commission meeting which would fall within the 95 day legal period after filing of such zone case. ON MOTION BY WALLIN AND SECOND BY PORTER ZONE CASE NO. 74-10 WAS CONTINUED TO SEPTEMBER 17, 1974, BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 4 ZONE CASE NO. 74-11 Applicant: Charles Hermansen Zone Case No. 74-11 is a request for a change of zone from RA-0 to M1 on approximately .7 acre of Residential Agriculture combined with Oil Production to Light Industrial. He proposes to construct a plumbing shop and storage yard on the north side of Garfield Street between Crystal and Stewart. The Chairman noted that this request for zone change had been discussed together with the previous item on the agenda, Zone Case No. 74-10, since the requests were identical. The public hearing was opened. Mr. Charles Hermansen addressed the Commission and stated that he would be agreeable to same continuance that had been placed on Zone Case No 74-10 so that they could be acted on simultaneously. The public hearing was closed. ON MOTION BY BOYLE-AND SECOND BY HIGGINS ZONE CASE NO. 74-11 WAS CONTINUED TO SEPTEMBER 17, 1974, BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil CONDITIONAL EXCEPTION NO. 74-42 - APPEAL Applicant & Appellant: Lanny E. Ludwidk Conditional Exception No. 74-42 is a request to permit the construc- tion of a room addition along existing non -conforming setback lines on property located at 1005 12th Street, on the north side of 12th Street, 60 feet east of Park. Mr. John Cope addressed the Commission and reviewed the background on this application. He stated that it had been filed in conjunc- tion with Use Permit No. 74-31. On July 24, Use Permit No. 74-31 was conditionally approved by the Board of Zoning Adjustments and Conditional Exception No. 74-42 was denied. He stated that the Planning Commission may wish to revise the ordinance if modifications to code requirements in certain circumstances are not deemed detri- mental to the vicinity in which they occur, and that action was discretionary with the Planning Commission. The Chairman opened the public hearing. 1 Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 5 Mr. Lanny Ludwick, applicant, addressed the Commission and referred to a letter he had written to the Director of Planning and a peti- tion which contained numerous signatures of adjoining property owners who stated that they had no objection to the addition of the room, that it would in no way be detrimental to them. Mr. Tom LeMont addressed the Commission. He stated that he was a neighbor of Mr. Ludwick and that he felt it was the intent of the law to help a citizen in such a circumstance and that he had no objection to his neighbor upgrading his property. The Commission discussed making modifications to the Code and staff felt that it would be December before such modifications to the Code would become effective. Commissioner Geiger felt that the Commission could act favorably on the appeal. Commissioner Kerins inquired if the appellant would be agreeable to a continuance and the applicant stated that he would not. ON MOTION BY BOYLE AND SECOND BY PORTER APPEAL TO CONDITIONAL EXCEPTION NO. 74-42 WAS DENIED AND THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS UPHELD ON THE BASIS THAT NO HARDSHIP WAS FOUND BY THE FOLLOWING VOTE: AYES: Higgins, Kerins, Wallin, Boyle, Porter NOES: Geiger ABSENT: Bazil Commission directed the staff to proceed at earliest possible time with modification to the code indicated in their staff report. Commissioner Geiger submitted the following minority report: MINORITY REPORT: The facts associated with this request for a conditional exception are adequately covered in the Planning Department staff report to the Planning Department dated August 20, 1974. Although generally in sympathy with the applicant's request, the Commission voted 5 to 1 in upholding the BZA denial on the grounds that sufficient hardship was not shown. It is the opinion of the undersigned that the applicant did in fact demonstrate that hardship exists as defined in Article 983 of the Huntington Beach Ordinance Code. Specifically that: Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 6 1. There are exceptional and extraordinary circumstances involved in that subsequent to the construction of Mr. Ludwick's residence the side yard setback requirement was changed from four feet to five feet. (S. 9832.1) 2. The applicant's request for upgrading of his dwelling to meet the needs of a growing family is necessary for the preservation and enjoyment of his substantial property rights. (S. 9832.2) 3. The applicant has obtained the written concurrence and support of all neighbors residing in proximity to this home; thus the granting of this conditional exception will not be materially detrimental to the public welfare or injurious to the conform- ing property in the neighborhood. (S. 9832.3) 4. The applicant is willing and able to carry out without delay the purposes for which the conditional exception is sought. Since the modification to his home involves removing a portion of the roof, it is essential that he commence promptly in order to avoid the winter rainy season. (S. 9832.4) Mr. Ludwick has fulfilled both the requirements and the intent of Article 983. 2, therefore, urge the City Council to grant his appeal and approve Conditional Exception No. 74-42. The alternative course of action suggested by the Planning Commission is to amend the Code to permit this request. Preparation and processing of such a code amendment will take approximately four to six months which would effectively prohibit Mr. Ludwick's home improvements until next year. A code amendment will also have the adverse effect of need- lessly consuming valuable time of the staff, Commission, and the Council. TENTATIVE TRACT NO. 7743 (Cont. from 8/6/74) Subdivider: George A. Armstrong Tentative Tract No. 7743, filed on May 20, 1974, is a request to permit a subdivision of land into eight legal lots. Single family residences are proposed for each lot. The property is located west of Marina View Drive north of Los Patos and southeast of Warner. Secretary Harlow addressed the Commission and stated that he had been in touch with the developer and ascertained that he planned to develop the project in its entirety as a complex. The Negative Declaration approved by the Environmental Review Board was appealed to the City Council and the appeal was denied by the City Council. The City Council felt that the issues were related more to the subdivision map than the application. Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 7 Slides and a vugraph of the map were shown. Commission and staff discussed the suggested conditions of approval. Mr. Larry Redman, representing the applicant, stated that he would be willing to comply with conditions of approval recommended by staff and Commission. Mr. Robert J. Conway addressed the Commission and discussed -the grading and draining, stating that he felt this should be worked out before a decision could be made. He did not feel that the property was suitable for proposed development. Mr. Hartge, Director of Public Works, stated that he could see no problem in the grading of the property. Developer can either build retaining walls or take advantage of natural fall. Commission discussion ensued. ON MOTION BY BOYLE AND SECOND BY KERINS TENTATIVE TRACT NO. 7743 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND BY THE FOLLOWING VOTE: 1. The Tentative Map received May 20, 1974 shall be the approved layout. 2. A decorative masonry wall separating the existing water tower and water tank facilities from Lots 2 and 3 shall be constructed. A plan indicating the design and materials to be used shall be submitted to the Planning Department and shall be subject to approval by the Secretary of the Planning Commission. 3. The developer shall install one 15 gallon eucalyptus citriodora tree per lot in addition to Ordinance Code requirements to be located within the front yards of lots fronting along the easterly property line of the development to create an aesthetic buffer from property further to the east across Marina View Place. 4. Sewer and water systems shall be constructed by the developer and dedicated to the City of Huntington Beach. 5. Water system shall be through the City of Huntington Beach's water system. 6. The water and fire hydrant system shall be approved by the Department of Public Works and the Fire Department. 7. Sewage disposal shall be through the City of Huntington Beach's sewage system. 8. Street section shall be determined by the soils R value and traffic index. Minutes; H. B.,Planning Commission Tuesday, August 20, 1974 Page 8 9. Street lights shall be provided to City standards. 10. Drainage for the Subdivision shall be approved by the Depart- ment of Public Works prior to submitting any final map to the City Council for acceptance. 11. The property shall participate in the local drainage assess- ment district. 12. All buildings on lots abutting a City easement shall set back 5 feet from the edge of such easement. 13. Fire alarm system and conduit and appurtenances shall be installed by the developer at locations and to specifications approved by the Fire Department. 14. If the developer proposes to provide air conditioning, the insulation in ceilings and exterior walls shall be a minimum of R-19 and R-11, respectively. If no air conditioning is to be provided, the insulation in ceilings and exterior walls shall be a minimum of R-13 and R-7, respectively. 15. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material,- shall be disposed of at an offsite facility equipped to handle them. 16. Natural gas and electricity shall be stubbed in at the location of clothes dryers, and natural gas only shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 17. Double -paned windows shall be installed within the units facing onto the adjacent arterial highway (for any unit closer than 35' to this highway). 18. A soils engineer shall be engaged to indicate the G-factor due to earth movement for this location. 19. A structural engineer shall be engaged to compile calculations for footings and structural members of the facility to with- stand these G-factors. 20. A surface -type survey shall be conducted to assure that this area is not of any archaeological or paleontological signifi- cance. 21. Through surface survey, if archaeological remains are discovered a qualified archaeological firm shall be engaged to properly explore, catalog, and salvage all artifacts prior to additional construction taking place. Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 9 22. The developer shall install curbs and gutters at the inter- section of Los Patos and Warner Avenue to facilitate as near to a 900 intersection as possible. Said area shall also be landscaped and planted. A plan for such landscaping shall be submitted to the Planning Department and shall be subject to approval by the Department of Public Works and the Planning Department. 23. A six foot high decorative masonry wall incorporating a combination of landscape planting to mitigate the impact of the wall along Warner Avenue shall be constructed along Warner Avenue. A plan for said screening and landscaping method shall be submitted to the Planning Department and shall be subject to approval by the Secretary of the Planning Commission and Department of Public Works prior to submitting the final map to the City Council for acceptance. Measurement of the height of said wall shall be from finished grade of the property lines located along Warner Avenue. 24. The developer and land owner are advised that the Huntington Beach Ordinance Code requires that all lots involved in the averaging concept, for the purpose of lot width, are required to be developed as a single development unit. If the units are not developed as a single unit this Tentative Map shall become null and void. AYES: Geiger, Higgins, Kerins, Boyle, Porter NOES: Wallin ABSENT: Bazil TENTATIVE TRACT NO. 5189 Subdivider: Robert Stellrecht Tentative Tract No. 5189 is a request for 14 lots on 3.7+ acres of land located on the southeast corner of Graham and Heil. The Commission was advised that staff had requested a continuance on the hearing to allow time for initiating precise plan for street alignment for Fernhill Circle and applicant had concurred with the request. ON MOTION BY KERINS AND SECOND BY PORTER TENTATIVE TRACT NO. 5189 WAS CONTINUED TO SEPTEMBER 17, 1974, BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 10 TENTATIVE TRACT NO. 5642 REQUEST FOR EXTENSION OF TIME CONDITIONAL USE PERMIT NO. 73-02 Applicant/Engineer: Toups Engineering, Inc. Tentative Tract 5642 is a request for 69 units on 7 lots on 5.35 acres of land located on the southwest corner of Garfield and 17th Streets. Conditional Use Permit No. 73-02 is a request to construct a 69 unit planned residential development. Staff noted a letter of request for one year extension from Toups Engineering had been received. ON MOTION BY PORTER AND SECOND BY HIGGINS EXTENSION OF TIME OF ONE YEAR FROM SEPTEMBER 5, 1974, WAS APPROVED BY THE FOLLOWING VOTE SUBJECT TO ALL PRIOR CONDITIONS OF APPROVAL: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil DISCIISSION: Gothard Street Realignment. Deletion of Talbert Avenue between Springdale and Bolsa Chica Streets Staff requested that this discussion be placed on a later agenda in order that more information could be procured. MISCELLANEOUS Taylor and Beach Specific Plan - Precise Plan of Street Alignment 73-1 Mr. Ed Selich addressed the Commission and presented a vugraph of the proposed street alignment of Redondo Circle outlining reasons why staff felt proposed street alignment would serve best interest of the owners of parcels A, B, and C. He also pointed out that the owner of parcel D was in opposition to the proposed alignment. Mr. Gerald Jones, owner of parcel A discussed with staff and Commission the need for the proposed street and a discussion on cost to the City ensued. ON MOTION BY GEIGER AND SECOND BY HIGGINS STAFF WAS DIRECTED TO PREPARE A PRECISE PLAN OF PROPOSED STREET ALIGNMENT AND SET FOR PUBLIC HEARING BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil Minutes: H. B. Planning Commission Tuesday, August 20, 1974 Page 11 TENTATIVE TRACTS 8688 AND 8694 Director of Public Works, H. E. Hartge, addressed the Commission and directed their attention to maps displayed depicting condition imposed by Planning Commission on treatment of median and a proposed change in condition from landscaping to striping with left turn pocket. ON MOTION BY WALLIN AND SECOND BY BOYLE, THE COMMISSION SUSTAINED THEIR PREVIOUS ACTION AND CONDITION PREVIOUSLY IMPOSED WILL REMAIN IN EFFECT BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil WRITTEN COMMUNICATIONS Letter from Ocean View School District. ON MOTION BY BOYLE AND SECOND BY PORTER THE STAFF WAS DIRECTED TO WRITE A LETTER OF TRANSMITTAL TO THE OCEAN VIEW SCHOOL INDICATING THAT THE PROPOSED SITE IS IN CONFORMANCE WITH THE GENERAL PLAN BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil ORAL COMMUNICATIONS None COMMISSIONERS COMMENTS Commissioner Wallin commended the staff for noting on the agenda those items which require public hearing. She further stated that she would be submitting a letter to the City Council reflecting her views on her two years of serving on the Planning Commission. She stated that she did not feel that the Planning Commission was getting enough policy direction from the City Council, particularly in long range planning. Commissioner Wallin stated that she felt perhaps some time should be devoted to evaluating projects which have occurred to determine whether projects are beneficial to the City. Such evaluation could result in code amendment changes. Minutes: H. B. Planning Commission Tuesday, August-20, 1974 Page 12 Commissioner Boyle discussed his meeting with the Orange County Transit District Task Force. He stated that there were three task forces, Cost and Financing, Technology, and Impacting. He did not feel that there was enough representation from minority groups, but that the senior citizens were well represented. Commissioner Geiger complimented the staff on the Seismic Safety presentation to the City Council. He discussed the intent of the law regarding the granting of a Conditional Exception. , Commissioner Porter discussed the Yorktown school site which the School District is considering abandoning. Staff was directed to prepare a letter for Commission's approval requesting the School District to reconsider action of selling the property. Chairman Kerins discussed with Secretary Harlow the presence of a representative from the City Attorney's office. He was advised that Deputy City Attorney John O'Connor is on an approximate five week sick leave and that staff would confer with Don Bonfa prior to meetings on any items which they felt would call for legal advice and be prepared to discuss with Commission at the meeting. STAFF'S COMMENTS Secretary Harlow discussed the City Council meeting of August 19, 1974. ADJOURNMENT ON MOTION BY KERINS AND SECOND BY GEIGER THE MEETING ADJOURNED AT 11:10 P.M. TO A DINNER MEETING AT 6:00 P.M., AUGUST 21, 1974 BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT• Z Bazil and A. H rlow Secretary dward H. K rin Chairman