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HomeMy WebLinkAbout1974-10-01MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, OCTOBER 1, 1974 - 7:00 P.M. COMMISSIONERS PRESENT: Bazil, Higgins, Kerins, Finley, Boyle, Porter COMMISSIONERS ABSENT: Geiger NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. MINUTES: ON MOTION BY BOYLE AND SECOND BY HIGGINS THE MINUTES OF SEPTEMBER 17, 1974,WERE APPROVED BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger REGULAR AGENDA ITEMS: ZONE CHANGE NO. 74-16 Applicant: Initiated by the Planning Commission The Chairman opened the public hearing. It i as ;toted by Commissioa that there had been an error in advertising this Zone Change and a motion would be in order to continue to allow time for proper advertising. The Chairman closed the public hearing. ON MOTION BY BAZIL AND SECOND BY PORTER ZONE CHANGE NO. 74-16 WAS CONTINUED TO OCTOBER 15, 1974, BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger CONDITIONAL USE PERMIT NO. 74-04 TENTATIVE TRACT 5664 Subdivider: Ring Brothers Corporation The Chairman opened the public hearing. Chairman Kerins stated that a letter had been received from Rinc, ' ether:: requesting a continuance to October 15, 1974, Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 2 due to problems that have arisen in regard to Federal Insurance Administration flood control requirements. The public hearing was closed. ON MOTION BY BAZIL AND SECOND BY PORTER CONDITIONAL USE PERMIT NO. 74-04 AND TENTATIVE TRACT NO. 5664 WERE CONTINUED TO OCTOBER 15, 1974, BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger Under "ORAL COMMUNICATIONS" Mrs. Berniece Fricki, 22341 Wood Island Lane, addressed the Commission. She stated that she had not been able to hear the Chairman when he opened the public hearing on Conditional Use Permit No. 74-04 and Tentative Tract No. 5664. She spoke in opposition to the proposed project, stating that she felt it should be an "adult only" area and that the schools were on half day sessions with present enrollment, and additional development would worsen this condition. She stated that access would not be sufficient to allow for additional traffic generated by the project. ZONE CASE NO. 74-10 (Continued from September 17, 1974) Applicant: Jerry J. Galich The applicant has requested a change of zone on approximately 6,600 square feet of Residential Agricultural District combined with Oil Production (RA-0) to I'.ght Industrial (Ml) located at the northwest corner of Garfield and Crystal. The applicant proposes to construct two shop buildings on the subject property. Vugraphs of the area were presented. Commission discussed staff's recommendations. It was noted subject property as well as the surrounding "Planning Reserve" should not be rezoned until the amendment to the Land Use Element is adopted. Commissioner Porter felt there was a need for a small industrial park in that area.' ON MOTION BY BOYLE AND SECOND BY KERINS ZONE CASE NO. 74-10 WAS DENIED WITHOUT PREJUDICE TO THE APPLICANT FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. Approval would be premature as the area is under study for amending the Land Use Element. The RA District is transitional and approval of a zone change request prior to adoption of the amendment to the Land Use Element I. would not be within the intent of the district regulations. Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 3 2. The proposed zone change is in conflict with the Planning Staff recommendations for the Land Use Element in this area. 3. Approval of such a zone change request prior to a change in the Land Use designation for the property would be contrary to past Planning Commission Policy. AYES: Bazil, Higgins, Kerins, Boyle NOES: Porter ABSENT: Geiger ABSTAIN: Finley ZONE CASE NO. 74-11 (Continued from September 17, 1974) Applicant:- Charles Hermansen The applicant has requested a change of zone on approximately .7 acre of Residential Agriculture combined with Oil Production (RA-0) to Light Industrial (Ml) on the north side of Garfield Street between Crystal and Stewart. The applicant has proposed to construct a plumbing shop and storage yard. Commission discussed staff's recommendations. It was noted that the subject property as well as the surrounding "Planning Reserve" area should not be rezoned until the Amendment to the Land Use Element is officially adopted. Commissioner Porter felt there was a need for a small industrial park in that area and did not feel a great amount of traffic would be generated from that type of development. ON MOTION BY BOYLE AND SECOND BY KERINS ZONE CASE NO. 74-11 WAS DENIED 4ITHOUT PREJUDICE TO THE APPLICANT FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. Approval would be premature as the area is under study for amending the Land Use Element. The RA District is trans- itional and approval of a zone change request prior to adoption of the amendment to the Land Use Element would not be within the intent of the district regulations. 2. The proposed zone change is in conflict with the Planning Staff recommendations for the Land Use Element in this area. 3. Approval of such a zone change request prior to a change in the Land Use designation for the property would be contrary to past Planning Commission Policy. Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 4 AYES: Bazil, Higgins, Kerins, Boyle NOES: Porter ABSENT: Geiger ABSTAIN: Finley Staff was directed to bring before study session meeting a report on the small lots fronting on Garfield concerning access and parking. Mr. Galich stated that access could be from Crystal instead of Garfield. ZONE CHANGE NO. 74-15 Applicant: Initiated by Planning Commission Zone Change No. 74-15 is.a change of zoning from Medium Density Residential, R2, and Medium -High Density Residential, R3, to Office -Professional, R-5. The property is located on the west side of Florida Street approximately 420 ft. south of Main Street and on the east side of Florida Street approximately 130 ft. south of Main Street. Vugraph of the area was shown. Mr. Ed Selich addressed the Commission and stated that the change of zone would bring the zoning into conformance with the Land Use Element. The public hearing was opened. Mr. Wm. Cardinal, a property ovn er who would be affected -by the zone change, addressed the Commission and protested the proposed change, stating among his -reasons was the fact that he felt the taxes on his property would be increased. Mr. Frank Hentschel, property owner adjoining Mr. Cardinal, addressed the Commission and spoke against the proposed zone change. The public hearing was closed. ON MOTION BY BOYLE AND SECOND BY BAZIL ZONE CHANGE NO. 74-15 WAS APPROVED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. The proposed Office -Professional (R-5) designation is consistent with both the Land Use Element and the existing surrounding zoning. 2. The permitted uses under the proposed zoning will be compatible with all of the surrounding uses, both existing and future. Minutes: H.B. Planning Commission Tuesday, October 1, 1974. Page 5 3. The proposed zoning will be an extension of the medical, Office -Professional character of the area which is in agreement with proper planning principles and practices. 4. The law requires that master planning and zoning comply with the Land Use Element. AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger CONDITIONAL EXCEPTION NO. 74-43 - APPEAL (Continued from 9/17/74) Applicant: E. L. Anderson APPELLANT: A. P. Miller This appeal to the Board of Zoning Adjustments' denial of Conditional Exception No. 74-43, a request to allow a patio roof encroachment in the side yard, was continued from September 17, 1974 meeting to allow staff the opportunity to determine actual location of the property line. The property is located at 317 Adams. The City Attorney's office prepared a legal opinion on criminal prosecution and what constitutes an architectural feature. Mr. Spencer, Department of Building and Community Development, stated that the encroachment is approximately 35 inches into the setback. The Chairman reopened the public hearing. Mrs. Anderson, applicant, addressed the Commission and stated that she felt that a hardship did exist in that Mr. Miller is 84 years old and the patio adds privacy to the area. Slides were presented, both aerial and ground shots. Mr. Richards, representing the applicant and appellant, addressed the Commission and discussed the Court Order, stating that the Judge wants the matter settled through the proper procedures of the City of Huntington Beach. The public hearing was closed. Commissioner Higgins stated he would not like to set a precedent by approving such an encroachment, based on the fact that patio roofs could be considered as an architectural feature. Commissioner Boyle stated that he felt the granting of approval of the en- croachment would, in fact, be granting a special privilege rather than bringing the property into parity. Commissioner Porter concurred with Commissioner Higgins. i 4 Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 6 � r ON MOTION BY HIGGINS AND SECOND BY PORTER APPEAL TO CONDITIONAL EXCEPTION NO. 74-43 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. The structure's supporting members encroach into the setback area. 2. It is not considered an architectural feature. 3. Applicant has failed to justify a hardship. AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger Commissioner Porter requested that, if the decision of the Planning Commission is appealed, the City Attorney's letter of September 23, 1974 be included in the transmittal. Commissioner Bazil requested a detailed description of the actual circumstances of the contract purchase of the property also accompany the transmittal. CONDITIONAL USE PERMIT NO. 74-11 In Conjunction With: TENTATIVE TRACT 8736 Applicant: Frank H. Ayres & Son Tentative Tract No. 8736 and Conditional Use Permit No. 74-11 filed on July 3, 1974, are requests to permit an approximate 15 acre parcel of land to be developed as a 136 unit planned development. - pursuant to Article 931 of the Huntington Beach Ordinance Code. Subject property is located on the northeast corner of Memphis and Delaware. Mr. Jim Palin presented vugraphs and slides of the area. Commission discussed the layout of the plan, the topography of the area, the clubhouse facility, drainage, and density. The Chairman opened the public hearing. Mr. Mike Jagger, representing the applicant, addressed the Commission. In regard to questions concerning the clubhouse, he stated that in previous developments the clubhouse had presented problems. It was his feeling that a clubhouse should be installed near the tennis facilities to be used in connection with them. This facility will have a minimum of 1200 square feet and be a one story structure with tile roof. Mr. Jagger further stated that the plans called for maintaining the slope banks and preserving them. Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 7 Landscaping was discussed. Mr. Jagger stated that the Association will maintain front landscaping; private patios will be maintained by occupant. Fencing was discussed and it was the consensus of the Commission that a 6 foot fence was not as aesthetically pleasing as a lower fence, and that wrought iron fence would create more of an open effect. There was a discussion on sidewalks. The public hearing was closed. Chairman Kerins stated that he felt the project should have more recreational facilities. Tot lots were discussed. ON MOTION BY HIGGINS AND SECOND BY KERINS CONDITIONAL USE PERMIT NO. 74-11 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND BY THE FOLLOWING VOTE: 1. 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. 2. 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. 3. Natural gas and electricity shall be stubbed in at the location of clothes dryers, and natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 4. A 35-foot setback shall be provided from the living quarters of the units facing the adjacent arterial highway to the nearest travel lane of that arterial. 5. A soils engineer and/or geologist familiar with local seismic conditions shall be engaged to indicate the G-factors due to earth movement for this location. 6. A structural engineer shall be engaged to compile calculations for the footings and structural members of the facility to withstand these G-factors. 7. No ponding of surface drainage shall be created from the upstream tributary drainage area by construction -of this project. Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 8 8. Drainage of this project shall be resolved to the satisfaction of the*Department of Public Works, to provide for erosion control. 9. The Tentative Tract Map and Precise Plan received September 26, 1974, shall be the approved layout. 10. All vehicular access rights on Memphis and Delaware Streets shall be dedicated to the City of Huntington Beach except at street intersections. 11. The water system shall be through the City of Huntington Beach's water system. 12. The sewer, water, and fire hydrant system shall be designed to City standards. 13. 'Sewage disposal shall be through the City of Huntington Beach's sewage system. 14. Subject property shall be subject to local drainage assessment district requirements and.fees. 15. All utilities shall be installed underground. 16. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of a final map. This system shall be designed to provide for siltation and erosion control both during and after construction of the proposed development. 17. A decorative masonry wall shall be constructed to City speci- fications along Memphis and Delaware Street. Said wall shall be 6" wide and 6' high. The height of said wall shall be measured from whichever side is higher at finished grade. The architectural design of said wall shall be approved by the Planning Department. Structural design shall be approved by the Department of Public Works and shall be included as part of the street improvement plans. The intent of this condition is to improve the street scene along Memphis and Delaware Streets. 18. Landscape planters shall be provided along Memphis and Delaware. 'Streets. Such planters shall conform to the plans and speci- fications on file in the Department of Public Works and the requirements of the Planning Commission. Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 5 19. Tot lots shall be provided within Phase 2 and 3 of the proposed project, the lcoation of which shall be approved by the Planning Department. 20. A sidewalk shall be provided from the parking compound north of the recreational building and tennis court to said facility to eliminate the need for pedestrian circulation on the street section. 21. The parking arrangement within all three phases of the project shall be reviewed by the Planning Department for compliance with the requirement that where parallel parking can be accomplished on the street section a minimum width of 33 feet shall be required. 22. A wall and/or fence shall be constructed along the north property line from a point which is the intersection of the property line with the ultimate right-of-way on Delaware Street easterly to a point which is the northeast corner of Lot No. 72, and similar construction shall take place along the easterly property line from a point which is the intersection of the property line with the ultimate right- of-way on Memphis Street to a point on the northerly property line of Lot No. 15 and such property line. 23. The design and materials for fence construction for all internal private patio areas shall be reviewed by the Planning Department. The intent of this review is to insure that the developer does not create an enclosed corridor effect between these patio areas. Also, that the design of such fence lends itself to a flow through of the landscaping" from common areas into private patio areas. 24. A revised Tentative Map shall be submitted to the Planning Department for review of the following items: a. Street sections and parking arrangements. b. Revisions of the front property line of each lot to conform with front face of the structures proposed on such lot. C. Provide for additional common areas and landscaping between the separation of the main structures along Memphis.Street. These common areas are to be provided between Lots 119 and 120, 123 and 124, 125 and 126, and 130 and 131. AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 10 ON MOTION BY PORTER AND SECOND BY BOYLE TENTATIVE TRACT 8736 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND BY THE FOLLOWING VOTE: 1. 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. 2. 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. 3. Natural gas and electricity shall be stubbed in at the location of clothes dryers, and natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 4. A 35-foot setback shall be provided from the living quarters of the units facing the adjacent arterial highway to the nearest travel lane of that arterial. 5. A soils engineer and/or gep.logist familiar with local seismic conditions shall be engaged to indicate the G-factors due to earth movement for this location. 6. A structural engineer she'' be engaged to compile calculations for the footings and structural members of the facility to - withstand these G-factors. 7. No ponding of surface drainage shall be created from the upstream tributary drainage area by construction of this project. 8. Drainage of this project shall be resolved -to the satisfaction of the Department of Public Works, to provide erosion control. 9. The.Tentative Tract Map and Precise Plan received September 26, 1974, shall be the approved layout. 10. All vehicular access rights on Memphis and Delaware Streets shall be dedicated to the City of Huntington Beach except at street intersections. 1 I Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 11 11. The water system shall be through the City of Huntington Beach's water system. V. 12. The sewer, water, and fire hydrant system shall be designed to City standards. 13. Sewage disposal shall be through the City of Huntington Beach's sewage system. 14. Subject property shall be subject to local drainage assessment district requirements and fees. 15. All utilities shall be installed underground. 16. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of a final map. This system shall be designed to provide for siltation and erosion control both during and after construction of the proposed development. 17. A decorative masonry wall shall be constructed to City speci- fications along Memphis and Delaware Street. Said wall shall be 6" wide and 6' high. The height of said wall shall be measured from whichever side is higher at finished grade. The architectural design of said wall shall be approved by the Planning Department. Structural design shall be approved by the Department of Public Works and shall be included as part of the street improvement plans. The intent of this condition is to improve the street scene along Memphis and Delaware Streets. 18. Landscape planters shall be provided along Memphis and Delaware' Streets. Such planters shall conform to the plans and speci- fications on file in the Department of Public Works and the requirements of the Planning Commission. 19. Tot lots shall be provided within Phase 2 and 3 of the proposed project, the location of which shall be approved by the Planning Department. 20. A sidewalk shall be provided from the parking compound north of the recreational building and tennis court to said facility to eliminate the need for pedestrian circulation on the street section. Minutes:- H.B. Planning Commission Tuesday, October 1r 1974 Page 12 21. The parking arrangement within all three phases of the project shall be reviewed by the Planning Department for compliance with the requirement that where parallel parking can be accomplished on the street section a minimum width of 33 feet shall be required. 22. A wall and/or fence shall be constructed along the north property line from a point which is the intersection of the property line with the ultimate right-of-way on Delaware Street easterly to a point which is the northeast corner of Lot No. 72, and similar construction shall take place along the easterly property line from a point which is the. intersection of the property line with the ultimate right- of-way on Memphis Street to a point on the northerly property line of Lot No. 15 and such property line. 23. The design and materials for fence construction for all internal private patio areas shall be reviewed by the Planning Department.' The intent of this review is to insure that the developer does riot create an enclosed corridor effect between these patio areas. Also, that the design of such fence lends itself to a flow through of the landscaping from common areas into private patio areas. 24. A revised Tentative Map shall be submitted to the Planning Department for review of the following items: a. Street sections and parking arrangements. b. Revisions of the front property line of -each lot to fonform with front face of the structures proposed on such lot. c. Provide for additional common areas and landscaping between the separation of the main structures along Memphis Street. These common areas are to be provided between Lots 119 and 120, 123 and 124, 125 and 126, and 130 and 131. AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger CODE AMENDMENT NO. 74-15 - "Alteration of Single Family Residence Building Having Nonconforming Yards" This is to allow single family residential dwellings to alter or enlarge such dwellings along existing yard setbacks when such dwellings are nonconforming only in terms of yard requirementt;. Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 13 It was noted by Commission that this amendment would allow refurbishing of many buildings in the downtown area. ON MOTION BY BOYLE AND SECOND BY'PORTER CODE AMENDMENT NO. 74-15 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger COMMISSIONERS' COMMENTS Commissioner Finley inquired if there was to be a communication to Coastal Commission concerning approximately 50-permits involving Sunset Heights which would be coming before them. She was advised that a communication would be prepared outlining results of joint meeting held last week with City Council which will be transmitted this week. Chairman Kerins inquired about the parking at shopping center at Magnolia and Adams. Dave Eadie will report back on this. Commission discussed parking in front of stores, and it was the consensus of the Commission that the Board of Zoning Adjustments should be advised that applications should be conditioned to not allow parking in front of stores in shopping centers. Chairman Kerins requested that a quarterly review on the Work Program be placed on the October 22nd Study Session. Chairman Kerins inquired about the status of Meadowlark Golf Course and was advised by staff that it is being held up pending receipt of supplementary information. Chairman Kerins inquired about the Seacliff Oil Islands. He was advised that the oil islands are to be analyzed by staff during Land Use Phase II review and will be taken into consideration during the Seacliff study area. Chairman Kerins stated that the Design Review Board Minutes of September 4, 1974 indicated that the Design Review Board wished to transmit a report to City Council on median strip landscaping. He stated that he felt such a report should be submitted to the Planning Commission for review prior to submission to City Council. - Commissioners concurred with Chairman Kerins. Minutes: H.B. Planning Commission Tuesday, October 1, 1974 Page 14 Chairman Kerins noted that Business Properties, developers of property at Brookhurst and Adams, had backed out of the project due to EPA. Staff was requested to obtain information on EPA regulations and how they will affect the city. STAFF'S COMMENTS John Cope stated that Department of Transportation will be setting a public hearing regarding "recycling" of Route 39 Freeway which means "unadoption". The City will be receiving a notice and the Commission will be kept informed. ON MOTION BY BOYLE AND SECOND BY BAZIL THE MEETING ADJOURNED AT 10:45 P.M. BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Geiger R' and A. Harlow Secretary 14 Edward H. Keri Chairman