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HomeMy WebLinkAbout1975-04-01MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, APRIL 1. 1975 - 7:00 P.M. COMMISSIONERS PRESENT: Geiger, Higgins, Kerins, Finley, Slates, Porter Commissioner Bazil arrived at 7:25 P.M. COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DPEARTMENT OFFICE. CONSENT CALENDAR: ON MOTION BY SLATES AND SECOND BY HIGGINS THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED ON THE CONSENT CALENDAR BY THE FOLLOWING VOTE: CONDITIONAL USE PERMIT NO. 75-02 Continued to April 15, 1975 TENTATIVE TRACT 8332 Continued to May 6, 1975. AYES: Geiger, Higgins, Kerins, Finley, Slates, Porter NOES: None ABSENT: Bazil MINUTES: ON MOTION BY KERINS AND SECOND BY SLATES THE MINUTES OF MARCH 18, 1975 WERE APPROVED AS AMENDED BY THE FOLLOWING VOTE: AYES: Geiger,. Higgins, Kerins, Finley, Slates, Porter NOES: None ABSENT: Bazil REGULAR AGENDA ITEMS ZONE CASE NO. 74-4 Applicant: Robert R. Potter This is a request to change the zone from C4 to R3 at a location on the east side of Beach Boulevard 135 feet north of Constantine Lane. Ed Selich stated that the public hearing had been closed and the application was continued for processing of the Amendment to Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 2 the Land Use Element. Commission discussion ensued. ON MOTION BY HIGGINS AND SECOND BY PORTER ZONE CHANGE NO. 74-4 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Finley, Slates, Porter NOES: None ABSENT: Bazil ZONE CHANGE NO. 74-13 Applicant: Michael J. Major Zone Change No. 74-13 is a request for a change of zone from C4, Highway Commercial, to R3, Medium High Density Residential District, located on the east side of Beach Boulevard on Constantine Drive. Ed Selich stated that the public hearing had been closed and the application was continued for processing of the Amendment to the Land Use Element. Commission discussion ensued. ON MOTION BY GEIGER AND SECOND BY HIGGINS ZONE CHANGE NO. 74-13 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Finley, Slates, Porter NOES: None ABSENT: Bazil TENTATIVE TRACT 8821 Applicant: Lanco Engineering This is a request to permit the construction of 16 R1 lots located on the south side of Warner Avenue, 1330 feet east of Bolsa Chica Street. Commission discussed the cut and fill operation, problems created by the grade of the property, fencing, soil erosion, and possible elimination of one lot to create better averaging. Mr. Clark Leonard, representing the applicant, stated that he had read the conditions of approval and was in agreement with them. He did not feel it was necessary to eliminate one lot, however: A MOTION WAS MADE BY PORTER AND SECONDED BY GEIGER TO DENY TENTATIVE TRACT NO. 8821. 1 L' -2- PC 4/l/75 Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 3 Commission discussed with Mr. Leonard the possibility of reworking the plans which would require a continuance. CQMMISSIONER PORTER WITHDREW HIS MOTION AND COMMISSIONER GEIGER WITHDREW HIS SECOND. Mr. Leonard stated that he would agree to a continuance of two weeks and would either rework the plans or write a letter requesting a denial during this period. ON MOTION BY PORTER AND SECOND BY BAZIL TENTATIVE TRACT NO. 8821 WAS CONTINUED TO APRIL 15, 1975 BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Finley, Slates, Porter NOES: None ABSENT: None TENTATIVE TRACT 8875 Applicant: Standard -Pacific Corporation Tentative Tract Map No. 8875, filed on January 22, 1975, is a request to permit a 10 lot single family subdivision on approximately 1.928 acres of land. The property is located on the south side of Adams Avenue west of Newland Street upon property which had been set aside for an oil operations site on New Britain Lane. The property is presently,zoned R1-01 and is vacant at present time. Property to the west is presently zoned R1-0 and is vacant for the most part. Jim Palin discussed the amended suggested conditions of approval which reflected the revised map. A vugraph was presented. He stated that he had been in contact with Mr. Granger, Homeowners Association, and it was the consensus of the residents that a pedestrian access would be preferred. Jack King, representing Standard Pacific, stated that he was in agreement with the suggested conditions of approval. There was a discussion on the zone change for the subject property as well as that property to the west. Mr. Wayne Herndon, a property owner on New Britain Lane, stated that he favored leaving the wall in. Commission discussed the conditions of approval. ON MOTION BY GEIGER' AND SECOND BY BAZIL TENTATIVE TRACT NO. 8875 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: -3- PC 4/l/75 . Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 4 FINDINGS: 1. In accordance with Section 66474 of the Government Code, the Planning Commission hereby finds that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan of Land Use of the City. 2. The subject site is suitable for the proposed type of development. 3. The site is physically suitable for the proposed density of the development. 4. Substantiated upon the Environmental Review Board's findings, the proposed improvements are not likely to cause substantial environmental damage. 5. The design of,the proposed subdivision will not be detrimental to the health and general welfare of the vicinity. CONDITIONS OF APPROVAL: 1. The Tentative Map received and dated March 28, 1975 shall be the approved layout. 2. A zone change shall be filed prior to the recordation of a final map to rezone the total oil operation site from R1-01 to Rl on the subject property for which this map has been filed. 3. North New Britain shall be reconstructed to a 54 foot maximum street width having new curbs, gutters, sidewalks, street trees, street lights, and sewer and water main extension within the northerly portion, upon which a temporary cul-de-sac had been previously constructed, and across subject property as shown on the approved layout. The developer shall be responsible for the full installation of all on -site improvements and modifications for lots 29 and 30 of Tract 7651 that are necessary as a result of street modification on North New Britain Lane. These shall include the extension of sidewalks, driveways and walls, and the installation of landscaping with plant material compatible with the existing on -site facilities. These improvements and modifications shall be completed within 30 days following completion of the North New Britain Lane modifications. 4. The existing'masonry wall along the north and south property lines of the subject map shall be modified so as' to comply with the Huntington Beach Ordinance Code for walls in the R1 District. 5. The sewer, water, and fire hydrant system shall be designed to City standards. -4- PC 4/1/75 Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 5 6. The water system shall be through the City water system. The existing 6-inch water main within North and South New Britain shall have an interconnection between such locations. 7. The sewage disposal system shall be through the City of Huntington Beach's sewage system. 8. Subject property shall be subject to the local drainage assessment district requirements and fees. 9. All utilities shall be installed underground. 10. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map. This system shall be designed to prevent siltation and provide erosion control both during and after construction of the property. 11. 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. 12. 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. 13. Natural gas.and 220V electrical 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. 14. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth move- ment for the project property. 15. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review. 16. A chemical analysis, as well as tests for physical properties of the soil on subject property shall be submitted to the City for review prior to the issuance of building permits. 17. All structures proposed for construction within this sub- division shall be constructed in compliance with the g-factors as indicated by the geologist's report. -5- PC 4/l/75 Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 6 AYES: Geiger, Bazil, Higgins, Kerins, Finley, Slates NOES: Porter ABSENT: None There was a discussion on the wall. A MOTION WAS MADE BY KERINS AND SECONDED BY BAZIL THAT THERE BE A 42 INCH HIGH WALL WITH PEDESTRIAN ACCESS CONSTRUCTED BETWEEN THE TWO EXISTING TEMPORARY CUL-DE-SACS. VOTE: AYES: Bazil, Higgins, Kerins, Finley, Slates NOES: Geiger, Porter ABSENT: None THE MOTION CARRIED. ON MOTION BY KERINS AND SECOND BY SLATES PLANNING COMMISSION DIRECTED STAFF TO INITIATE A CHANGE OF ZONE FROM R1-01 TO R1-0 ON THE PROPERTY WHICH LIES TO THE WEST OF THE SUBDIVISION BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Finley, Slates, Porter NOES: None ABSENT: None CONDITIONAL USE PERMIT NO. 74-14 Applicant: Harunori Oda Conditional Use Permit No. 74-14 is a request to allow the continued use of a wholesale nursery operation on a parcel of land which is located on the west side of Ward Street approximately 100 feet south of Kukui Drive. The nursery operation consists primarily of growing grounds and storage of nursery plant stock. The Chairman opened the hearing to the public. Mr. Glen Pierce, representing Oda Nursery, was present and stated that he did not wish to make any statements but would be willing to answer any questions concerning the application. Ms. Cargill addressed the Commission and stated that her privacy was being invaded and that she was opposed to the operation. Ms. Zohlman addressed the Commission and expressed her opposition to the use, stating that she and her daughter suffered from asthma and other people in the area were affected similarly. -6- PC 4/l/75 1 Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 7 Mr. Diossault discussed the signatures on the petition favoring the use. He stated that their property did not back up to the nursery and hence they were not affected. Ms. Cargill presented photographs of the sliding gate to the Commission. It was determined by Staff that the photographs were taken prior to installation of swinging type gate. The Chairman closed the public hearing. Commission discussed the conditions of approval and enforcement of them by the Building Department. Commissioner Porter stated that he felt to allow a wholesale operation in the area constituted spot zoning. Commissioner Geiger was concerned over the walkway and trucks coming in and out in relation to the school. A MOTIO14 WAS MADE BY GEIGER AND SECONDED BY PORTER TO DENY CONDITIONAL USE PERMIT NO. 74-14 FOR THE REASON THAT SUCH USE IS INCOMPATIBLE WITH EXISTING ZONING AND CONSTITUTES A PUBLIC NUISANCE. VOTE: AYES: Geiger, Porter NOES: Bazil, Higgins, ABSENT: None THE MOTION FAILED. Kerins, Finley, Slates Conditions of approval were discussed. It was noted that the Health Department had made recommendations to the Nursery and had not found it to be detrimental to the health of those living in the area. ON MOTION BY KERINS AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 74-14 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed use is compatible with the surrounding uses when the mitigating measures are implemented. 2. The proposed site is adequate to serve the proposed use. -7- PC 4/l/75 Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 8 CONDITIONS OF APPROVAL: 1. Nursery stock which exceeds 42 inches in height shall be set back ten feet from the edge of the public walkways. 2. All vehicles operating within the nursery shall not exceed a speed of 10 miles per hour. 3. The taller and larger plant material shall only be stored along the center of the premises away from the single-family residential lots. Only lower growing trees and shrubs shall be permitted ad- jacent to the single-family residential lots. 4. The soile pile used for the potting of plants shall be relocated to the center of the premises approximately 60 feet away from the single-family residential lots. The soil pile shall not exceed six feet in height and approximately ten to twelve feet in width and shall be screened along the north and south by plant materials approximately eight to ten feet in height. The soil pile shall be kept damp to eliminate the possibility of blowing compost materials by heavy winds. 5. Plastic and/or wood containers shall be used for growing plant materials. Metal containers shall only be permitted where plastic or wood containers are not available. 6. Spraying of plant material shall be done from the property line onto the premises of the nursery or inwardly away from the residential property. The chemicals used and the procedures established for spraying plant materials shall be approved by the Orange County Health Department. Employees shall be instructed regarding spraying procedures. 7. Hours of operation of the nursery shall be 8:00 a.m. to 6:00 p.m. AYES: Bazil, Higgins, Kerins, Finley NOES: Geiger, Slates, Porter ABSENT: None ZONE CHANGE NO. 74-17 Applicant: Albert Levinson This is a request for a change of zone from M1 to Rl of property located on the southwest corner of Heil Avenue and Gothard Street. Applicant's statement indicates the project is a proposed R1 single-family subdivision consisting of 91 lots on 19.1+ acres. -8- PC 4/l/75 Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 9 John Cope advised the Commission that the staff report was in error in that it included the applicant's name as Shapell Industries, Inc., when, in fact, it should have listed A. Levinson as owner and applicant. He indicated that Staff recommended denial of this zone change because the request is in conflict with the General Plan and the applicant has not submitted sufficient justification to warrant amending the General Plan. A vugraph and aerial photographs were shown. The Chairman opened the public hearing. Mr. Bernard Tiernan, representing Mr. Levinson, addressed the Commission. He stated that Mr. Levinson has owned the property for approximately ten years and pays annual taxes of $12,562 on the property. He further stated that he has had no proposals for buildings of any kind in the M1 zone during this period. He stated that he had discussed the proposal with members of the school district and was advised that the school could accommodate the students generated from this type of usage. He had obtained 120 signatures of residents in adjoining property on a petition requesting the change of zone from M1 to Rl. Mr. Ed Helms, owner of a fourplex adjacent to the property, stated that although he would prefer M1 he would have no objection to Rl provided a cross walk would be put in across the storm drainage. The Chairman closed the public hearing. Commission discussed the need for preserving the M1 zoning for future use in the City. They were in agreement that they would like to see the problem of taxes on undeveloped property resolved. A letter of opposition to the zone change from Ronald Gross, Huntington Beach Investors, is on file in the Planning Department. ON MOTION BY BAZIL AND SECOND BY FINLEY ZONE CHANGE NO. 74-17 WAS DENIED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. The request is in conflict with the General Plan. 2. The applicant has not submitted sufficient justification to warrant amending the General Plan. AYES: Geiger, Bazil, Higgins, Kerins, Finley, Slates, Porter NOES: None ABSENT: None -9- PC 4/l/75 Minutes: H.B. Planning Commission Tuesday, April 1, 1975 Page 10 ORAL COMMUNICATIONS: None MISCELLANEOUS: None COMMISSIONERS' COMMENTS: Commissioner Geiger discussed the possibility of using Community Development Funds for City acquiring land to be used for agricultural purposes or preserved for such usage. Ed Selich stated that it could be an eligible activity and entered into next year's application. Chairman Kerins stated that Commissioner Slates had agreed to act as an alternate on the Subdivision Committee. STAFF'S COMMENTS: None ADJOURNMENT: ON MOTION BY PORTER AND SECOND BY HIGGINS THE MEETING ADJOURNED AT 9:45 P.M. BY A UNANIMOUS VOTE. 41 Richard A. Harlow Secretary Edward H. Kerins Chairman 0 1 -10- PC 4/1/75