Loading...
HomeMy WebLinkAbout1976-01-06MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, JANUARY 6, 1976 - 7:00 P.M. COMMISSIONERS PRESENT: Parkinson, Bazil, Finley, Slates, Shea, Boyle, Kerins COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR: MINUTES: ON MOTION BY PARKINSON AND SECOND BY BAZIL THE MINUTES OF DECEMBER 16, 1975 WERE APPROVED AS AMENDED BY THE FOLLOWING VOTE: AYES: Parkinson, NOES: None ABSENT: None ORAL COMMUNICATIONS: None SCHEDULED ITEMS: Bazil, Finley, Slates, Shea, Boyle, Kerins CONDITIONAL USE PERMIT NO. 75-22 Applicant: Barbara Ann Smith This is a request to permit the construction of a pre-school at 7791 Glencoe Avenue in an R2 area. Chairman Slates noted that the applicant had submitted a letter to the Commission requesting a continuance to the January 20, 1976 meeting. He further noted that this request was a result of plot plan inadequacies and the need for additional information to analyze the proposed use's suitability to the surkounding vicinity. Chairman Slates opened the public hearing and stated that the Com- mission had not had the opportunity to review any of the proposed plans and would not be in a position to enter into any discussions. A resident of the area spoke in opposition to the proposed use. He stated that he felt that this use would not be compatible with the existing quiet residential neighborhood. The Chairman closed the public hearing. Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 2 ON MOTION BY BOYLE AND SECOND BY PARKINSON THE PUBLIC HEARING ON CONDITIONAL USE PERMIT NO. 75-22 WAS CONTINUED TO JANUARY 20, 1976 BY THE FOLLOWING VOTE: AYES: Parkinson, Bazil, Finley, Slates, Shea, Boyle, Kerins NOES: None ABSENT: None Staff was directed to place this application first on the Agenda. CONDITIONAL USE PERMIT NO. 75-16 Applicant: B and B Developers This is a request to permit the construction of a 20 unit condominium project located on the east side of Florida Street near Garfield Avenue in an R3 zone. This application was conditionally approved by the Planning Commission at its December 2, 1975 meeting. Subsequent to,that time, on December 12, 1975, the applicant directed a letter of request for reconsideration of Condition No. 5. The Planning Commission at its December 16, 1975 meeting agreed to reconsider this condition and meet with developer and oil operator to work out a solution. Jim Palin discussed the amended conditions. The Chairman opened the public hearing. Mr. Bill Vaughn, applicant, stated that he was agreeable to the con- ditions as amended and would be glad to answer any questions the Commission might have. Commission discussion ensued. The public hearing was closed. ON MOTION BY SHEA AND SECOND BY FINLEY THE FOLLOWING AMENDED CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 75-16 WERE APPROVED BY THE FOLLOWING VOTE: 1. The site plan received and dated October 3, 1975 shall be the approved layout. 2. All utilities shall be installed underground. 3. A six foot high masonry wall shall be constructed along the north, south, and east property lines of the development. The height of said wall shall be measured from whichever side is higher at finished grade. An eight foot masonry wall may be substituted along the east property line to separate the project from the commercial property to the east. -2- 1/6/76 - PC Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 3 4. A masonry wall shall be constructed around the proposed oil storage tanks within the proposed development. This wall shall remain in existence of the life of the oil well operation. Said wall shall be constructed to contain 100% of the capacity of the storage tank facility. 5. All details and amenities of the development as shown on the site plan submitted for approval shall be constructed within the development, such as recreational building, swimming pool, tennis courts, and volleyball area, as well as those areas within the pedestrian and vehicular circulation areas shown to be constructed with stamped concrete to aesthetically improve the project. 6. The exterior elevations of all buildings proposed for construction within the project shall comply with the architectural design of the units submitted to the Planning Commission for approval in conjunction with the site plan and tentative map. 7. 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. 8. All building spoils such as unusable lumber, wire, pipe, and other surplus and unusable material shall be disposed of at an off -site facility equipped to handle them. 9. Natural gas and 220V electrical shall be stubbed in at locations of clothes dryers. Natural gas shall be stubbed in at locations of cooking facilities, water heaters, and central heating units. 10. An engineering geologist shall be engaged to submit a report indicating the surface acceleration for earth movement for the project property. 11. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 12. 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. • 13. All structures proposed for construction within this subdivision shall be constructed in compliance with the g-factors calculation, and the chemical and physical soil analysis. -3- 1/6/76 - PC Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 4 14. Structures on subject property whether attached or detached shall be constructed in compliance with state acoustical standards set forth for all units that lie within the 60 CNEL contour for the property. 15. The CC&R's and Association Rules shall restrict the storage of. recreational vehicles from being located within open parking spaces. 16. Maintenance equipment and the operation of portable pulling masts shall be conducted only between the hours of 9:00 a.m. and 5:00 p.m. on week days at the oil operation facility; operation of such equipment shall be permitted on emergency basis only on Saturdays and Sundays and between the hours of 5:00 p.m. to 9:00 a.m. 17. Plans for the decorative masonry wall for review of material and design, and plans for the landscaping and irrigation system for the area immediately surrounding the oil facility shall be submitted to the Planning Department for approval action prior to the conveyance of any unit within the project for ownership. 18. Upon abandonment of the oil well and tanks, the surface area used by these facilities shall be incorporated into the open space area for use of all owners within the project. 19. The CC&R's shall contain a provision to establish a trust fund for the use of the Homeowners' Association of the development for maintenance of possible damage to the surface street as well as those landscaping areas surrounding the oil operation facility. The amount of the trust fund to be deposited by the oil operator and/or developer shall be determined by the Director of Building and Community Development, to assure complete removal of all surface equipment, bore hole abandonment in compliance with City and State standards, installation of landscaping within that area utilized for oil operations, and proper main- tenance of surface streets and surrounding landscaping during the life of the oil operation. The City shall review the provisions of the CC&R's and the amount established in the trust fund prior to the recordation of a final map for this project. The fund shall remain in effect during the life of the.oil operation, to assure proper abandon- ment upon termination of the oil facility. 20. The surface area used for oil operation shall be shown as a land- scaped open space area for future use by the Association members. This area shall be delineated as such upon the original land- scaping plans submitted to the City for review and approval action by the Board of Zoning Adjustments. 1 -4- 1/6/76 - PC Minutes: H.B. P16nnin Commission Tuesday, January , 7 Page 5 AYES: Parkinson, Bazil, Finley, Slates, Shea, Boyle, Kerins NOES: None ABSENT: None CONDITIONAL USE PERMIT NO. 75-23 Applicant: Leonard O. Lindborg This is a request to permit the construction of a tennis club facility on approximately 4.5 acres of land on the east side of Gothard 1,100 feet south of Talbert in a M1-CD District. A vugraph was shown. John Cope stated that he had no information to add to that contained in the Staff Report. The public hearing was opened. Gordon Mountjoy, owner of the property, addressed the Commission and spoke in favor of the use within the industrial area. He felt that the use was compatible with industrial development, and that the expected spin-offs resulting from a tennis court in the area would mean more revenue for the City. There was a discussion on revenue and Secretary Harlow indicated that an industrial survey is being made. David Dahl, representing Mr. Lindborg, spoke in favor of the project. Gordon Offstein spoke against such a use in an industrial area, stating that the City would be losing industrial land which they needed. John Thomas addressed the Commission and stated that he did not feel the use would be compatible with the area. A resident of 18251 Carnaby Lane who stated he was the closest resident to the property spoke against the use. Frank Standard, operator of a wrecking yard, stated that the property was zoned for Ml and should be used for that purpose. A resident of 18281 Carnaby Lane stated that he did not want another lumber yard put in. He did not object to a tennis court as long as it would not be a nuisance. The public hearing was closed. Commissioner Shea stated that she could see not reason for not putting a tennis court in and Commissioner Bazil concurred with her. He felt that it might not attract heavy industry but would attract a higher quality of industrial use. He noted that it was located close to the park and the library. -5- 1/6/76 - PC Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 6 A MOTION WAS MADE BY SHEA AND SECONDED BY BAZIL TO APPROVE CON- DITIONAL USE PERMIT NO. 75-23 WITH CONDITIONS SUGGESTED IN STAFF REPORT AS AMENDED. Commissioner Kerins stated that he was opposed to approval because of the M1 zoning and this type of use would be detrimental to further industrial development in the area, and that such a use belongs in ROS zone. Commissioner Finley stated that she was opposed to the use based on lack of knowledge of financial benefit to the City. Commissioner Bazil stated that he felt this particular use would be hard pressed to put in an R1 district because of the financial aspect. Commissioner Parkinson was opposed to approval because he felt the use would detract from industrial development. He further stated that he agreed with Commissioner Finley in that the Commission lacks knowledge of the financial aspect to the City. Commissioner Boyle felt that the tennis club would not be compatible with industrial uses and would in fact limit potential industrial development and if permitted there would be the possibility for a demand for rezoning. VOTE: AYES: Shea, Slates, Bazil NOES: Parkinson, Finley, Boyle, Kerins ABSENT: None The motion failed. ON MOTION BY KERINS AND SECOND BY PARKINSON CONDITIONAL USE PERMIT NO. 75-23 WAS DENIED FOR THE FOLLOWING REASONS BY THE FOLLOWING VOTE: 1. The proposed use would impede future industrial development in the area that is zoned Ml. 2. The approval of such a -use would probably lead to request for rezoning in the area. 3. The proposed use would likely break up the industrial corridor. AYES: Parkinson, Finley, Boyle, Kerins NOES: Shea, Slates, Bazil ABSENT: None Chairman Slates called a five minute recess at 8:30 P.M. -6- 1/6/76 - PC Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 7 Commissioner Finley stated that she felt strongly that when there is a change of normal usage in an industrial area there should be some economic analysis made. Secretary Harlow stated that the Staff is updating the revenue expenditure analysis. TENTATIVE TRACT NO. 8788"X" REVISED Subdivider: Gordon Mountjoy This is a request to permit revised Tentative Tract 8788 located on the east side of Gothard, 658 feet south of Talbert. Gordon Mountjoy requested a continuance to the January 20, 1976 meeting, based on action by the Commission on Conditional Use Permit,No. 75-23. ON MOTION BY PARKINSON AND SECOND BY BOYLE TENTATIVE TRACT 8788"X" WAS CONTINUED TO JANUARY 20, 1976 BY THE FOLLOWING VOTE: AYES: Parkinson, Bazil, Finley, Slates, Shea, Boyle, Kerins NOES: None ABSENT: None TENTATIVE TRACT NO. 8993 APPLICANT: Tallas Margrave This is a request for a 10 lot R1 Subdivision on 1,909 acres lo- cated at the southwest corner of Jalm Drive and Newland Street in an R1 zone. Jim Palin stated that he had no information to add to that contained in the Staff Report. Mr. Tallas Margrave addressed the Commission, stating that he was present to answer any questions the Commission might wish to raise. He further stated that the suggested conditions of approval were acceptable. Commission discussion ensued. ON MOTION BY FINLEY AND SECOND BY SHEA TENTATIVE TRACT NO. 8993 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision of this 1.9 + acre parcel of land zoned R1 (which allows 7 units per gross acre) is proposed to be constructed having only 5 units per gross acre. -7- 1/6/76 - PC Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 8 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation for this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation for low density residential was placed on said property. 4. The lot size, depth, frontage, street widths, and all other design and improvements features of the proposed subdivision are proposed to be constructed in compliance with standard plans and speci- fications on file with the City, as well as in compliance with the State Map and supplementary City Subdivision Ordinance. CONDITIONS OF APPROVAL: 1. The tentative map received and dated November 6, 1975 shall be the approved layout. 2. The sewer, water, and fire hydrant system shall be designed to City standards. 3. The water system shall be through the City of Huntington Beach water system. 4. The sewage disposal shall be through the City sewage system. 5. The property shall be subject to the local drainage assessment district requirements and fees. 6. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of a final map. This system shall be designed to provide for siltation and erosion control both during and after construction of the project. 7. All required improvements shall be constructed under the super- vision of and to the approval of the City Engineer. Cost for the inspection shall be paid by the Subdivider. 3-1/2 percent of the amount of the improvement bond shall be posted with the City Engineer for inspection costs. 8. All vehicular access rights to Newland shall be dedicated to the City of Huntington Beach except at the street intersection. 9. A decorative masonry wall shall be constructed to City speci- fications along Newland Avenue. Said wall shall be six inches wide and six feet 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. -8- 1/6/76 - PC 1 Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 9 Structural design shall be approved by the Department of Public Works and shall be included as part of the street improvement plan. The intent of this condition is to improve the street scene along Newland Avenue. 10. A landscape planter shall be provided at the under section of Jalm Drive and Newland Street. Such planter shall conform to the plans and specifications on file in the Department of Public Works and the requirements of the Planning Commission. 11. A bond shall be posted with the City in a sufficient amount to insure that the water well located on Lot No. 5 will be abandoned in compliance with City standards and converted to open space for Lot No. 5. 12. The fuel tank shall be removed in conjunction with the grading operation for this subdivision. 13. 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. 14. 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. 15. 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. 16. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the project property. 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. 18. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review. 19. 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. -9- 1/6/76 - PC Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 10 20. The structures on subject property, whether attached or de- tached, shall be constructed in compliance with the State acoustical standards set forth for all units that lie within the 60 CNEL contours of the property. 21. Crime prevention techniques should be applied to the design aspects of the project (e.g., single -cylinder locks, etc.). AYES: Parkinson, Bazil, Finley, Slates, Shea, Boyle, Kerins NOES: None ABSENT: None MISCELLANEOUS USE PERMIT NO. 75-61 Applicant: Business Properties This is a request to permit the construction of a 125,000 sq. f t. shopping center pursuant to Section 9472 of the Huntington Beach Ordinance Code located on the southeast corner of Adams Avenue and Brookhurst Street in a C4 District. An appeal was filed on the Board of Zoning Adjustments' decision to approve Use Permit No. 75-61 by the Meredith Gardens Home- owners Association on November 21, 1975. This appeal was heard by the Planning Commission at its December 16, 1975 meeting and at that time was denied. However, Commissioner Kerins suggested that perhaps the applicant, Charles Ball, could revise the plans and request reconsideration at that time. ON MOTION BY BOYLE AND SECOND BY FINLEY THE COMMISSION VOTED TO RECONSIDER USE PERMIT NO. 75-61 BY THE FOLLOWING VOTE: AYES: Parkinson, Bazil, Finley, Slates, Boyle, Kerins NOES: None ABSENT: None ABSTAIN: Shea Jim Palin discussed the changes in the plans and discussed location of curb cuts. The public hearing was opened. Charles Ball, representing Business Properties, addressed the Commission. He stated that he had met with Mr. Riedesel and the incoming president of Meredith Gardens Homeowners' Association to discuss a revised plan. He had on display for viewing a conceptual map of how the property could be developed in its entirety. Ed Rusak, JHK Traffic Consultant, gave a report on traffic analysis of that area. -10- 1/6/76 - PC 1 Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 11 Mr. Riedesel stated that he had met with Business Properties and Mr. Palin and as a result of their discussions and modified plan that is presented he felt that four of five of the Homeowners Associations' objections had been met. However, he did not feel that a 24 hour market would be appropriate in that area. Mr. Ted Denny spoke in opposition to the 24 hour market. Dale Menke, a homeowner along the perimeter wall, spoke in behalf of other homeowners on the perimeter wall, stating that the development would be detrimental to the value of their property. Mary Ann Denny stated that she felt nothing had really changed since the denial. The public hearing was closed. Commissioner Parkinson stated that he still had the same concerns with the conceptual plan on display as he did with the plan presented at the December 16th meeting. Commissioner Shea agreed with Commissioner Parkinson and expressed surprise that the homeowners had gone along with the traffic problems. She further stated that she had hoped for a better plan. Commissioner Kerins had hoped the reconsideration would have proved a means for Mr. Ball to present a better plan and not have the vacant piece of land in the rear. ON MOTION BY SHEA AND SECOND BY FINLEY USE PERMIT NO. 75-61 WAS DENIED FOR THE FOLLOWING REASONS BY THE FOLLOWING VOTE: Partial development is not the most desirable for the property and contributes to the detrimental effect on the adjacent properties. Also, traffic problems are engendered by the proposed plan as it exists. VOTE: AYES: Parkinson, Finley, Shea, Boyle, Kerins NOES: Bazil, Slates ABSENT: None Commissioner Bazil requested that his minority report at the December 16, 1975 meeting be included in the minutes which reads as follows: "Commissioner Bazil stated that he did not feel the Commission had the right to demand that the parcel be entirely developed, although he would have preferred the 4 acre parcel to be located somewhere else on the property. He further stated that if the streets will not maintain the traffic the property should not have been -11- 1/6/76 - PC Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 12 zoned commercial, and that it should not be denied on the basis of traffic problems. Also he stated that the plan could be amended to reflect different curb cuts. Also he pointed out that when the 4 acre parcel is developed it will have to be through filing of a Use Permit which the Planning Commission will have the opportunity to review and approve or disapprove." A five minute recess was called by the Chairman at 10:10 P.M. CODE AMENDMENT NO. 75-10-A AND CODE AMENDMENT NO. 75-10-B It was the consensus of the Commission that these Code Amendments be discussed at the Study Session at the Adjourned Meeting of January 13, 1976 and set for public hearing at the January 20, 1976 meeting. Ted Hennes, Bill Williams, and John Thomas addressed the Commission and suggested changes that they would like incorporated into these Amendments. 751.3 OF CODE OF CIVIL PROCEDURES Chairman Slates brought to the attention of the Commission pro- visions of Code of Civil Procedures 751.3 which would permit the residents within the City of Huntington Beach and other cities in Orange County to initiate a court proceeding to eliminate abandoned oil leases which are in non use on property within the City. The effect of this legislation would be to permit the elimination of such oil leases and easements within the City and to permit develop- ment of the property with the additional revenue accruing from the development of the property which is presently subject to these oil leases and therefore undevelopable. Deputy City John O'Connor was requested to make sure that it is applicable to the City of Huntington Beach. COMMISSIONERS COMMENTS ON MOTION BY SLATES AND SECOND BY BAZIL RESOLUTION NO. 1161 COMMEND- ING CAPTAIN ANDY VANDERLAAN FOR HIS WORK WITH THE PLANNING COMMISSION WAS ADOPTED BY A UNANIMOUS VOTE. Captain Vanderlaan expressed his appreciation for this recommendation. Commissioners Finley and Parkinson were appointed by Chairman Slates to serve on the Bolsa Study. 1 -12- 1/6/76 - PC 1 Minutes: H.B. Planning Commission Tuesday, January 6, 1976 Page 13 STAFF'S COMMENTS: Secretary Harlow stated that a study would be made by staff of wind screens on decks on the waterways within Huntington Harbour and would be placed on a future Study Session Agenda. ADJOURNMENT: ON MOTION BY BOYLE AND SECOND BY KERINS THE MEETING ADJOURNED AT 11:15 P.M. TO THE JANUARY 13, 1976 MEETING TO BE HELD IN B8 IN THE CIVIC CENTER BY THE FOLLOWING VOTE: AYES: Parkinson, Bazil, Finley, Slates, Shea, Boyle, Kerins NOES: None ABSENT: None Richard A. Harlow Roger Slates Secretary Chairm n -13- 1/6/76 - PC