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HomeMy WebLinkAbout1974-11-05MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, NOVEMBER 5, 1974 - 7 P.M. COMMISSIONERS PRESENT: Geiger, Bazil, Kerins, Finley, Boyle, Porter Commissioner Higgins arrived at 7:35 P.M. COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR ON MOTION BY BOYLE AND SECOND BY KERINS THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED BY THE FOLLOWING VOTE: MINUTES The Minutes of October 15, 1974 and October 22, 1974 were approved. TENTATIVE TRACT 5664 In Conjunction With CONDITIONAL USE PERMIT NO. 74-04 Continued to November 19, 1974 at the request of applicant and with concurrence of staff. AYES: Geiger, Bazil, Kerins, Finley, Boyle, Porter NOES: None ABSENT: Higgins REGULAR AGENDA ITEMS CONDITIONAL USE PERMIT NO. 74-10 In Conjunction With TENTATIVE TRACT NO. 8687 Applicant: Graziadio Development Co. Tentative Map No. 8687 and Conditional Use Permit No. 74-10, filed on June 25 and June 27, 1974, respectively, are requests to permit the subdivision of approximately 10 acres of land into a 79 unit planned development pursuant to Article 931. The property is located on the southeast corner of Ellis Avenue and Chapel Lane. Mr. James Palin addressed the Commission and noted that revised maps had been submitted by the applicant, and noted that a minimum amount of grading would be required which will be on the southern portion of property. There was a discussion on the bicycle trail. n Minutes: H.B. Planning Commission Tuesday, November 5, 1974 Page 2 Commissioner Porter indicated his concern over the relocation of the trees and discussed signalization on Ellis. The Chairman opened the public hearing. Mr. L. Grazaidio addressed the Commission and stated he would be glad to answer any questions concerning the project and that he had his engineer and landscape architect present to also answer questions. Mr. Bill Johnson, landscape consultant, addressed the Commission and stated that he had been consulting with Mr. Daryl Smith on the relocation of the trees, and that it was impossible to predict at this time whether the trees could be saved but that it was their desire to save as many as possible in transplanting. Commission discussed placing recreational facilities for young children in some of the open space. The Chairman closed the public hearing. Commissioner Porter stated that he would not approve the applications for the reason that the question of the saving of the trees was not resolved to his satisfaction. There was a discussion on signalization at Ellis and Chapel and Mr. Bill Hartge, Director of Public Works, stated that a traffic signal at this point would not be appropriate. However, it is conceivable if the bicycle trail becomes continuous perhaps a crossing light with push button activation could be installed. The staff was directed to note the signalization problem for future study and report back to the Planning Commission at an appropriate time. ON MOTION BY BOYLE AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 74-10 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: 1. The Tentative Tract Map and Precise Plan dated November 1, 1974 shall be the approved layout. 2. All vehicular access rights to Chapel Lane and Ellis Avenue shall be dedicated to the City of Huntington Beach, except at street intersections. 3. The sewer, water, and fire hydrant system shall be designed to City standards. 4. The water system shall be through the City of Huntington Beach's water system. 5. Sewage disposal shall be through the City of Huntington Beach sewage system. Minutes: H.B. Planning Commission Tuesday, November 5, 1974 Page 3 6. Subject property shall be subject to local drainage assess- ment district requirements and fees. Drainage fees in the amount of $4,000 per acre shall be deposited with the City prior to the approval of a grading plan. 7. All utilities, including those existing overhead utilities installed on Chapel Lane, shall be installed underground. 8. 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 project. 9. A decorative masonry wall shall be constructed to City specifications along Chapel Lane and Ellis Avenue. 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 prior to the issuance of Building permits on the project. Structural design of said wall shall be approved by the Department of Public Works, and shall be included as a part of the street improvement plan. 10. An easement for a bike trail along the bluff on the easterly portion of the property shall be dedicated to the City of Huntington Beach. Said trail system shall be at a location to be determined by the Planning Department, and shown on the landscaping plan to be filed and approved by the Board of Zoning Adjustments prior to recordation of the final tract map. 11. Recreational facilities for young children shall be provided in appropriate places. 12. If the developer proposes to provide air conditioning, the insulation in the exterior ceilings shall be a minimum of R-19 and that in the exterior walls shall be a minimum of R-11; if no air conditioning is to be provided, the insulation in the exterior ceilings shall be a minimum of R-13 and that in the exterior walls shall be a minimum of R-7. 13. 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. 14. Natural gas and electricity shall be stubbed in at the locations of clothes dryers, and natural gas only shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units: Minutes: H.B. Planning Commission Tuesday, November 51,1974.. Page A 15. Double -paned windows shall be installed within the units facing onto the adjacent arterial highway. 16. A 35' setback shall be provided from the living quarters of the units facing the arterial highway to the nearest travel land of that arterial. 17. 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. 18. The City shall pursue with applicant an easement for bicycle access across the natural bluff area, for a bicycle lane to serve as an intertie with the bicycle lane north of Ellis, which the City has committed itself to on Tentative Tract 7771. 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. The location of the trees to be saved for replanting shall be shown on final landscape plan for review and approval action by the Planning Commission. AYES: Geiger, Bazil, Higgins, Kerins, Finley, Boyle NOES: Porter ABSENT: None ON MOTION BY BOYLE AND SECOND BY GEIGER TENTATIVE TRACT NO. 8687 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: 1. The Tentative Tract Map and Precise Plan dated November 1, 1974 shall be the approved layout. 2. All vehicular access rights to Chapel Lane and Ellis Avenue shall be dedicated to the City of Huntington Beach, except at street intersections. 3. The sewer,'water, and fire hydrant system shall be designed to City standards. 4. The water system shall be through the City of Huntington Beach's water system. 5. Sewage disposal shall be through the City of Huntington Beach sewage system. 6. Subject property shall be subject to local drainage assessment district requirements and fees. Drainage fees in the amount of $4,000 per acre shall be deposited with the City prior to the approval of a grading plan. Minutes: H.B. Planning Commission Tuesday, November 51 1974 Page 5 7. All utilities, including those existing overhead utilities installed on Chapel Lane, shall be installed underground. 8. 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 project. 9. A decorative masonry wall shall be constructed to City specifications along Chapel Lane and Ellis Avenue. 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 prior to the issuance of Building permits on the project. Structural design of said wall shall be approved by the Department of Public Works, and shall be included as a part of the street improvement plan. 10. An easement for a bike trail along the bluff on the easterly portion of the property shall be dedicated to the City of Huntington Beach. Said trail system shall be at a location to be determined by the Planning Department, and shown on the landscaping plan to be filed and approved by the Board of Zoning Adjustments prior to recordation of the final tract map. 11. Recreational facilities for young children shall be provided in appropriate places. 12. If the developer proposes to provide air conditioning, the insulation in the exterior ceilings shall be a minimum of R-19 and that in -the exterior walls shall be a minimum of R-11; if no air conditioning is to be provided, the insulation in the exterior ceilings shall be a minimum,,of R-13 and that in the exterior walls shall be a minimum of R- 7 . 13. 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. 14. Natural gas and electricity shall be stubbed in at the locations of•clothes dryers, and natural gas only shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 15. Double -paned windows shall be installed within the units facing onto the adjacent arterial highway. Minutes: H.B. Planning Commission Tuesday, November 5, 1974 Page 6 16. A 35' setback shall be provided from the living quarters of the units facing the arterial highway to the nearest travel lane of that arterial. 17. 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. 18. The City shall pursue with applicant an easement for bicycle access across the natural bluff area, for a bicycle lane to serve as an intertie with the bicycle lane north of Ellis, which the City has committed itself to on Tentative Tract 7771. 19. A structural engineer shall be engaged to compile calculations for footings and structural members of the facility to withstand these G-factors. 20. The location of the trees to be saved for replanting shall be shown on final landscape plan for review and approval action by the, Planning Commission. ayEsx .:Geiger, Bazil, Higgins, Kerins, Finley, Boyle NOES: Porter I ABSENT: None CONDITIONAL EXCEPTION NO. 74-51 - APPEAL Applicant: Jack Andrus Appellant: Andrus Development Corporation This is a request to permit a five (5) foot encroachment into the rear yard setback in lieu of S.9163.3 of the Huntington Beach Ordinance Code, located on the north side of Pearce Street approximately 103 feet west of Green Street in an R2 Medium Density Residential District. Vugraph and aerial photographs of the property were presented. Mr. Dave Eadie addressed the Commission and gave a brief background on the denial of the application by the Board of Zoning Adjustments. The Chairman opened the public hearing. Mr. Paul Schumann, Secretary and Treasurer of Andrus Construction Company, addressed the Commission. He stated that he had on file letters from all the utility companies indicating that an ease- ment at the rear of the subject property was not for utility purposes but was for street purposes only. He discussed what had transpired between the builders and the Building Department in the issuance of the permits and the staking of the property. He stated that they were willing to put in a roadway, but the adjoining property owners were not agreeable to this. Minutes: H.B. Planning Commission Tuesday, November 5, 1974 Page 7 Mr. W. Sterling Buck addressed the Commission and stated that he was the contractor on the job and that after the building was in the final stage they were informed that property owners in adjoining areas had complained about the encroachment. Mr. Thomas Kardos addressed the Connission and voiced his objections to the project. He presented photographs to the Commission for their viewing. Mr. Clayton Sutters addressed the Commission and stated that he needed the easement for access since his garage faces on the easement. Mr. Lyle Stowle, owner of the property next door, addressed the Commission and discussed the removal of the water pipe by the applicant and the subsequent rerouting of it. Mr. Andrew Acosta stated that he lived north of the easement and wants to build a garage and won't be able to with the present encroachment. The Chairman closed the public hearing. Commissioner Higgins stated that he felt more graphic information should have been presented by Staff. Deputy City Attorney John O'Connor referred Commission to Section 9832.3, noting that an absence of detriment to property and improvements in the general vicinity had to be established as a finding if the Conditional Exception were to be approved. It was noted that the easement is a private easement between a number of property owners. ON MOTION BY BAZIL AND SECOND BY BOYLE CONDITIONAL EXCEPTION NO. 74-51 APPEAL WAS DENIED, AND THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS UPHELD, FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. There are no exceptional or extraordinary circumstances or conditions applicable to the subject land and structure that do not apply to all surrounding property in the area. 2. That granting the Conditional Exception would be a sub- stantial detriment to the public health, welfare, and safety, and injurious to use of surrounding property in that the structure encroaches on a private easement which serves as ingress and egress to the property in the area. 3. There has been no hardship demonstrated in that the top- ography is level, and the property is not unique. The need for a Conditional Exception was caused by the negligence of the applicant or his agents in the construction of the building. Minutes: H.B. Planning Commission Tuesday, November 5, 1974 Page 8 AYES: Geiger, Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: None AMENDMENT TO MASTER PLAN OF ARTERIAL STREETS AND HIGHWAYS 74-1 Mr. Ed Selich addressed the Commission and outlined the proposed amendment. There was a discussion by Commission on including Talbert and Gothard alignment into this Amendment. Mr. Selich stated that the Staff does not have all the environmental impact criteria satisfied for those other areas in the City, and that it was his feeling that the Commission had reached a consensus that they would be agreeable to preparation of subject Amendment to eliminate delays in the Kendall project. A MOTION WAS MADE BY GEIGER TO APPROVE THE AMENDMENT BUT FAILED FOR LACK OF A SECOND. A MOTION WAS MADE BY PORTER FOR STAFF TO INCLUDE REVISIONS RELATING TO TALBERT AND ELLIS PRIOR TO ACTING ON, BUT THE MOTION FAILED FOR LACK OF A SECOND. ON MOTION BY KERINS AND SECOND BY PORTER AMENDMENT TO MASTER PLAN OF ARTERIAL STREETS AND HIGHWAYS 74-1 WAS CONTINUED TO NOVEMBER 19, 1974 BY THE FOLLOWING VOTE: AYES: Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: Geiger ABSENT: None CODE AMENDMENT NO. 74-18 "ADMINISTRATIVE REVIEW TIME LIMIT" Chairman Kerins opened the public hearing. There being no one present to speak in favor of or opposition to this Code Amendment, the public hearing was closed. Mr. Dave Eadie addressed the Commission and discussed with them the contents and suggested changes in the 2nd draft. ON MOTION BY PORTER AND SECOND BY BOYLE CODE AMENDMENT NO. 74-18 WAS APPROVED AS AMENDED BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: None Minutes: H.B. Planning Commission Ir Tuesday, November 5, 1974 Page 9 MISCELLANEOUS A draft of a letter of appreciation for members of the Seismic -Safety Technical Advisory Team was approved by members of the Commission for preparation and distribution. COMMISSIONERS' COMMENTS Commissioner Geiger discussed the letter from the Orange County Transit District and requested staff to submit a transmittal to OCTD indicating the City's desire for priority on getting a route on Warner Avenue. Commissioner Porter suggested that the Transportation Committee meet in the near future to discuss this further. Commission discussed the conditioning of tot lots in develop- ments and it was the consensus that this should be conditioned on an individual basis with the term "recreational facilities" substituted for Tot Lots. Chairman Kerins noted that there would be a public hearing in Los Angeles on off shore drilling on November 18, 1974. ON MOTION BY GEIGER AND SECOND BY HIGGINS RESOLUTION NO. 1145 `j WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Finley, Boyle, Porter NOES: None ABSENT: None Commissioner Boyle suggested that it might be well to discuss at a future study session the problems of enforcement of the Code and staff was directed to set for discussion on future agenda. STAFF'S COMMENTS Acting Secretary Selich discussed the action of City Council meeting November 4, 1974. Mr. Dave Eadie stated that the subdivision . directional; sign and service station identification sign on the southwest, corner of Magnolia and Adams were illegal since their approval had expired. Signal Landmark, the owner, has been notified by the Building Department of their violation. Mr. Dave Eadie stated that a letter had been written to Albertson's regarding the 20 ft. strip of vacant property with a request that they either pave or landscape the area. Minutes: H.B. Planning Commission Tuesday, November 5, 1974 Page 10 Acting Secretary Selich noted that there will be a joint meeting with City,Council and Planning Commission on November 25, 1974. ON MOTION BY GEIGER AND SECOND BY HIGGINS THE MEETING ADJOURNED AT 9:30 P.M. BY A UNANIMOUS VOTE. Edward D. a ich Acting Secretary Edward H. Kerins Chairman J