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HomeMy WebLinkAbout1974-09-04MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California WEDNESDAY, SEPTEMBER 4, 1974 - 7 P.M. COMMISSIONERS PRESENT: Bazil, Higgins, Kerins, Porter COMMISSIONERS ABSENT: Commissioner Boyle was ill. Commissioner Geiger NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR Conditional Exception No. 74-43 - APPEAL (Request for continuance) ON MOTION BY PORTER AND SECOND BY HIGGINS CONSENT CALENDAR WAS APPROVED BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle Conditional Exception No. 74-43 - Appeal was continued to September 17, 1974 to allow for readvertisement. REGULAR AGENDA ITEMS ZONE CASE NO. 74-4 Applicant: Robert R. Potter Zone Case No. 74-4 is a request for a change of zone from C4 to R3 on property located on the east side of Beach Boulevard 135 ft. north of Constantine Lane. Zone Change No. 74-4 was continued from August 20, 1974 meeting to September 4, 1974 to permit staff time to report back with recommend- ations on the entire quarter section. (Zone Change 74-13 was filed for change of zone (C4 to R3) on two parcels, one to the north and one south of subject Zone Change No. 74-4.) Mr. Charlie Laumann gave a presentation on the quarter section bounded by Ellis, Newland, Garfield, and Beach showing vugraphs of maps depicting current and pending projects within the area. Land Use Alternatives One and Two were discussed. Slides of the area were also shown. There was a discussion on deletion of Route 39 freeway for a period of. twenty years. The public hearing was opened. Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 2 Mr. Potter, applicant, was present and stated that he would be pleased to answer any questions concerning the application. The public hearing was closed. Commission discussed the averaging of lots. There was a discussion on changing the zoning from R1 to R2. The two alternatives presented by Mr. Laumann were discussed. When questioned as to development of the property, Mr. Potter stated that he had no plans at the present time for putting any units on the property. ON MOTION BY HIGGINS AND SECOND BY PORTER COMMISSION ACCEPTED ALTERNATIVE 2 WITH THE INCLUSION OF PARK AS SHOWN ON ALTERNATIVE 1 BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle ON MOTION BY HIGGINS AND SECOND BY BAZIL FURTHER DISCUSSION ON ZONE CASE 74-4 WAS CONTINUED TO LATER IN THE EVENING BY THE FOLLOW- ING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle ON MOTION BY HIGGINS AND SECOND BY PORTER ZONE CASE NO. 74-4 WAS CONTINUED TO SEPTEMBER 17, 1974 MEETING BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle ZONE CASE NO. 74-13 Applicant: Michael J. Major Zone Case No. 74-13 is a request to change zone from C4 to R3, on approximately 1.3 acres of land located on the east side of Beach Boulevard on Constantine Drive. Commissioner Bazil stated that no action could be taken on this application as he would have to abstain and there were not sufficient number of Commissioners present to take action. ON MOTION BY PORTER AND SECOND BY HIGGINS ZONE CASE NO. 74-13 WAS CONTINUED TO SEPTEMBER 17, 1974 BY THE FOLLOWING VOTE: AYES: Higgins, NOES: None ABSENT: Geiger, ABSTAIN: Bazil Kerins, Porter Boyle 1 -2- 9/4/74 - PC Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 3 CONDITIONAL USE PERMIT NO. 74-13 Applicant: Huntington Beach Court Club The proposed development is a two story, 12,592 sq. ft. fully enclosed handball/racketball club with related facilities such as locker rooms, sauna, weight room, pro shop, and a lounge located in the rear portion of property planned as an office development and adjacent to a recently approved shopping center located on the southwest corner of Bolsa Chica and Edinger. Mr. Dave Eadie addressed the Commission and described the proposed project. Slides of the area were shown. Recommended conditions of approval were discussed. The public hearing was opened. Mr. Gary Hoffman, representing the applicant, addressed the Commission and stated that he was in agreement with the recommended conditions of approval. He stated that he planned to open at 7:00 A.M. and close at approximately 11:00 or 12:00 midnite. There was a discussion on signing. Mr. Hoffman stated he had made a tentative agreement with the developer on front of the property to include identification sign. The public hearing was closed. There was a discussion on illumination of the building. ON MOTION BY HIGGINS AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 74-13 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1. The proposal will provide a service to the public not readily available in the general area. 2. The proposed layout and design has been integrated with planning efforts of adjacent properties, thus a more efficient and functional complex is likely to occur. 3. The proposed plan substantially complies with Ordinance Code requirements. CONDITIONS OF APPROVAL: 1. The conceptual plot plan received August 1, 1974, as amended by the following conditions, shall be the approved layout. In its approval action the Planning Commission considered the following issues relating to the conceptual plan: -3- 9/4/74 - PC Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 4 Traffic circulation and drives Parking layout Lot area Lot width and lot depth Type of use and its relation to property and improvements in the immediate vicinity Past administrative action regarding this property. 2. A landscape and irrigation plan shall be submitted to the Planning Department prior to the issuance of building permits. Said plan shall be subject to approval by the Secretary of the Planning Commission. 3. The property shall participate in the local drainage assessment district. 4. Soil reports as required by Building Department and the Department of Public Works shall be submitted to the City prior to issuance of building permit. 5. Reciprocal agreements for ingress and egress and circulation over the subject property and the shopping center to the east shall be submitted to the Planning Department. Form and content shall be subject to approval by the City Attorney. 6. All building spoils such as unusable lumber, wire, pipe, and other surplus or unusable material shall be disposed of at an outside facility equipped to handle them. 7. Hours of operation shall be limited from 7:00 A.M. to 12:00 P.M. 8. Detached advertising copy shall be incorporated with advertising copy for the future office development in front of the subject property. AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle TENTATIVE TRACT NO. 8687 CONDITIONAL USE PERMIT NO. 74-10 CONDITIONAL EXCEPTION NO. 74-02 Applicant: Graziadio Development Co. Tentative Tract No. 8687 is a request to permit 79 units on 10.02 acres on the southeast corner of Ellis Avenue to be heard in conjunction with Conditional Use Permit No. 74-10. Conditional Exception No. 74-02 is a request to permit 7.8 dwelling units on R1 in lieu of 6.5 units. -4- 9/4/74 - PC Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 5 Mr. James Palin addressed the Commission and reviewed the Subdivision Committee report. Aerial slides were shown and vugraph of land use map was shown. A plot plan was on display. Recommendations were discussed. The Chairman opened the public hearing on Conditional Exception No. 74-02. Mr.Lewis Graziadio, applicant, addressed the Commission and gave a brief background of the company, and their reason for filing a Conditional Exception. He stated that he felt preserving the bluff area, as requested by the City, presented some hardship. He stated that they had obtained financing based on requested number of dwelling units and would lose their financing if they were unable to comply with requirements of the bank, indicating that a moratorium had been declared on lending. Secretary Harlow stated that he felt the land could be better developed including R3 with R1 rather than encouraging separate development. Mr. Graziadio stated that they hoped to tie a bicycle trail in with the development. Mr. Dave Diamond, Homeowners Association, discussed the averaging. He stated that he questioned the fact that staff had previously recommended averaging of the lots, as Mr. Graziadio had stated when addressing the Commission, since the legal status is not clear. No developer should be misled based on such an understanding. He stated that he did not feel a hardship had been shown by the applicant. Mr. Graziadio stated that they would be joining the assessment district but without the benefit of R3 zoning. He showed slides of proposed area, and miscellaneous slides of trees which they plan to keep or transplant. The public hearing was closed. There was a discussion on averaging. Secretary Harlow stated that a change of zone to R2-8 would have permitted the development but applicant had felt that would be too time consuming. Commission discussed placement of garages. Commissioner Bazil stated that he did not feel houses should be put in one zone and garages in another. There was a discussion on continuing the Conditional Exception to allow applicant time to work on changing his plans to include modi- fications discussed by Commission. -5- 9/4/74 - PC Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 6 A MOTION WAS MADE BY KERINS AND SECONDED BY PORTER TO CONTINUE CONDITIONAL EXCEPTION NO. 74-02 TO SEPTEMBER 17, 1974. Further discussion ensued. CHAIRMAN KERINS WITHDREW HIS MOTION AND COMMMISSIONER PORTER WITHDREW HIS SECOND. ON MOTION BY PORTER AND SECOND BY HIGGINS CONDITIONAL EXCEPTION NO. 74-02 WAS DENIED BECAUSE APPLICANT HAS NOT DEMONSTRATED JUSTIFIABLE HARDSHIP PURSUANT TO THE HUNTINGTON BEACH ORDINANCE CODE BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle Commissioner Bazil stated that a legal hardship had not been shown on the 9 acres and that he felt the only way the development can proceed as proposed is to apply for a change of zone to R2-PD8. Commissioner Porter stated that if Conditional Exception No. 74-02 is appealed that staff should include reference to Opinion No. 69-12 written by the Office of the City Attorney of Huntington Beach March 3, 1969. Chairman Kerins opened the public hearing on Conditional Use Permit No. 74-10. Mr. Graziadio again addressed the Commission and spoke in favor of his project. Mr. Margrave, representing applicant, addressed the Commission and stated that it was his opinion that when two parcels of land are under one ownership a property line does not exist. Commission did not concur with his opinion. The public hearing was closed. ON MOTION BY PORTER AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 74-10 WAS CONTINUED TO SEPTEMBER 17, 1974 TO ALLOW APPLICANT THE OPPORTUNITY TO MEET WITH STAFF AND MAKE POSSIBLE REVISIONS TO THE PLAN BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle ON MOTION BY HIGGINS AND SECOND BY BAZIL TENTATIVE TRACT NO. 8687 WAS CONTINUED TO SEPTEMBER 17, 1974 BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle -6- 9/4/74 - PC 1 Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 7 Mr. Graziadio concurred with Commission's continuance. At 9:15 P.M. the Chairman declared a fifteen minute recess. PRECISE PLAN OF STREET ALIGNMENT NO. 74-1 Applicant: Initiated by Planning Commission Precise Plan Alignment No. 74-1 is a proposal to precise plan the northerly right-of-way on Fernhill Circle which is located approxi- mately 242 feet south of Heil Avenue on the east side of Graham Street. The Planning Commission instructed the staff to set this Precise Plan for a public hearing at the August 6, 1974 Planning Commission meeting. It was initiated to assure for a proper street section on Fernhill as well as to provide access from Fernhill to the property immediately north. Vugraphs of precise plan of street alignment were presented. Mr. James Palin discussed the background of the street and the reasons for the need for Precise Plan of Street Alignment. The public hearing was opened. Ms. Norma Brizin addressed the Commission and spoke in opposition -to the project. She did not want a block wall constructed and felt it would devalue the whole block. Ms. Normando's spoke against the widening of Fernhill, that it would cause more traffic. Mr. Marvin Haney, owner of the property north of Fernhill, addressed the Commission and stated that he had not requested the widening of the street, and that he in fact objected to it. He discussed the cost of widening and requested information as to cost. He requested a continuance until such time as the City Attorney can provide an opinion. Mr. Robert Bell addressed the Commission and spoke in opposition to the widening of Fernhill. He stated that there was already a traffic problem there due to each unit on Fernhill having one parking place only. He indicated that there would be noise generated by additional traffic. He suggested that an entrance could be made from Graham Street. Mr. Larry Bender addressed the Commission and stated that he was the owner of one of the apartment buildings and spoke of traffic problem which would be created. Mr. Burt Pierce, owner of two buildings on Fernhill, addressed the Commission. He stated that the bedrooms of the apartments faced on the street and that tenants' sleep would be disturbed by the noise and that it would be an imposition on privacy of tenants living there. He suggested that a traffic survey be made to determine number of automobiles on the street. -7- 9/4/74 - PC Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 8 Ms. Caroline Salveter spoke in opposition to the proposed precise street alignment, stating that in addition to people who live there, consideration should be given to number of service people who will be using this street. The public hearing was closed. ON MOTION BY BAZIL AND SECOND BY PORTER PRECISE PLAN OF STREET ALIGN- MENT NO. 74-1 WAS APPROVED FOR THE FOLLOWING REASON AND BY THE FOLLOW- ING VOTE: It is to the best interest of the City to have this street comply with minimum standards. AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle ON MOTION BY PORTER AND SECOND BY BAZIL RESOLUTION NO. 1141 WAS ADOPTED AS AMENDED BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSENT: Geiger, Boyle Chairman Kerins called a fifteen minute recess at 9:15 P.M. WRITTEN COMMUNICATIONS: Memo from Planning Department re southeast corner of Gothard Street and Slater Avenue - Precise Plan of Street Alignment and Zone Chanae Staff was directed to initiate appropriate actions to implement recommendations of Planning Department. Letter from Recreation & Parks Commission on Sunset Heights Animal Park, dated August 19, 1974 Received and filed. Letter to Huntington Beach Union High School District re proposal for selling Yorktown School Site Chairman Kerins requested information as to number of additional students, both high school and elementary, that would be added if land were developed. He suggested that if land was sold it should be used for agri- cultural purposes. ORAL COMMUNICATIONS: None. -8- 9/4/74 - PC 11 1 Minutes: H.B. Planning Commission Wednesday, September 4, 1974 Page 9 COMMISSIONERS' COMMENTS: Chairman Kerins discussed Tract'8040 and questioned permitting applicant's request for acceptance of 50% open space for those units which front on channels. Chairman Kerins noted that a member of the Commission should be appointed to serve on the Subdivision Committee. It will be deferred to September 24th meeting. Chairman discussed Department of Transportation letter of August 13, 1974 wherein there was mention of consideration of "unadoption" of Route 39 Freeway for a period of twenty years. Staff was directed to prepare a transmittal to City Council requesting that they convey concerns to proper authorities at the State level. A rough draft will be prepared for Commission's review at September 17th meeting. STAFF COMMENTS: Ed Selich stated that he would be reporting to the Coastal Commission on planning and development of Townlot and Sunset Heights areas. Secretary Harlow discussed action taken at City Council meeting of September 3, 1974. Secretary Harlow stated that staff was proceeding with code amendments on density and lot size and they will be reviewed at a study session in the near future. Secretary Harlow reported on meeting with George Lusk and stated that they are not desirous of pursuing their precise plan. They feel there is merit in modifying setbacks. Commission directed staff to prepare a code amendment which will provide for modification to 30' setback. Combine two lots together with one 30 ft. access to the rear so that parking and loading would take place in rear. This code amendment is to be a low priority item. ON MOTION BY BAZIL AND SECOND BY HIGGINS THE MEETING ADJOURNED AT 11:00 P.M. BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Porter NOES: None ABSEN Geiger, o e Kinard A. Harlow Secretary J2z�/� 6,4,Ldd;a Edward H. Kerin Chairman 9/4/74 - PC