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HomeMy Public PortalAbout10/21/86r BEAUMONT PLANNING COMMISSION MINUTES OF OCTOBER 21, 1986 The Planning Commission met in a Regular Planning Commission Meeting on Tuesday, October 21, 1986, in the City Council Chambers with Chairperson Schuelke presiding. 1. Meeting was called to Order at 7:05 P.M. 2. The Pledge of Allegiance to the Flag was observed. 3. On Roll Call, the following Commissioners were present: Commissioners Tapp, Burton, Gordon, Remy and Chairperson Schuelke. Study Session by Commission from 6:00 P.M., to 7:00 P.M. Item No. 1: The Minutes of the Regular Planning Commission Meeting of October 7, 1986, were approved as submitted with the following corrections /additions: Page 1 Under Item No. 2, paragraph 2, line 5, "sale" should be inserted after garage and before signs. Page 3 Under Item No. 4, second paragraph, line 5 from bottom should read "sides" not "signs ". Page 4 Under Item No. 4, paragraph 3, Mr. Steele's statement should read "assistance" not "assistant ". Page 4 Under Item No. 4, between paragraph 4 and 5 from the bottom, it should be noted that Commissioner Burton requested whether Cougar Mountain Apts. were considering converting to condominums. Page 4 Under Item No. 4, 6th paragraph from the bottom, Mr. Stan Steele's statement, last line should read "Michigan" instead of "Orange" Avenue. Item No. 2: Proposed General Plan Amendments and Zone Changes for Various Properties located South of 6th Street, North of Freeway, between Magnolia and Pennsylvania Avenue, (86 -GP -2 and 86-RZ- 4). CD Director Larson informed the commission that the only thought that staff had on this (since the report had already been given at the previous meeting) was to try to resolve the situation with some of the existing legal non - conforming uses particularly the multi - family. Chairperson Schuelke then opened the public hearing at 7:12 P.M., asking for proponents /opponents from the audience wishing to speak on this matter and there being none, she then closed the public hearing at 7:13 P.M., turning the matter back to the commission for discussion. On motion by Commissioner Burton, seconded by Commissioner Remy, to drop this Item from the agenda in order to clarify some points in Ordinance 590 prior to changing any zoning. CD Director Larson informed the commission that they could table -1- it which effectively stops it until it is called back. Motion carried unanimously with the following roll call vote: AYES: Commissioners Tapp, Burton, Gordon, Remy and Chairperson Schuelke. NOES: None. ABSENT: None. ABSTAIN: None. Item No. 3: Textual Code Amendment Revising Minimum Width of Turning Areas and Lot Density of RHO Properties. (86 -RZ -3 and 86- ND -15). CD Director Larson infgfnied the commission that staff had reviewed some of the past concerns of the commission as far as apartment developments and is recommending changes and additions to various sections of the code. He commented that the 5th paragraph in the staff report, the number 60 should have a line through it, since this is the way it now reads. Mr. Larson further explained that code amendments and zone changes have the same number. Chairperson Schuelke then opened the public hearing at 7:20 P.M., asking for proponents /opponents from the audience wishing to speak, and there being none, she then closed the public hearing at 7:20 P.M., turning the matter back to the commission for discussion. Chairperson Schuelke ask if the commission was allowed to consider any part of this item or does it have to be in its entirety. On motion by Commissioner Burton, seconded by Commissioner Gordon, to drop this item from the agenda. Commissioner Burton then withdrew her motion and made another motion recommending to City Council approval of Code Amendment 86 -RZ -3 and 86 -ND -15 and adoption of the Textual Amendment to Section 17.55.020 g.3, Circulation and Parking Space Layout, adding staff's recommended wording, requiring a 24' foot wide manuvering area for portions of driveways, and in addition, ask that staff bring back for review to the commission different square footage requirements for minimum building siQte areas. Motion carried unanimously with the following roll call vote: AYES: Commissioners Tapp, Burton, Gordon, Remy and Chairperson Schuelke. NOES: None. ABSENT: None. ABSTAIN: None. CD Director Larson stated for clarification purposes that the code provides for a maximum height of 50 feet and all develop- ments that have come in have been only two story rather than three story and ask the commission if they wanted the density based on two story or whatever the code would permit? He stated it is a design consideration as well as density. Commissioner Gordon felt that the end result is to try to reduce the number of rooms you can put on these individual house size lots downtown. For the record, Commissioner Burton wanted to express her concern about being remiss as well as the commission pertaining to her duties as a commissioner in making decisions regarding projects. She felt that Ordinance 590 is not being applied to the projects and has been hearing by developers that the commission was a push over. Stated she will not be considered a pushover and if the code is not followed to the letter the project will not get her vote. Wants agencies such as Water Department, Fire Department, Police Department and Engineering Department to review all plans -2- and that the documents be attached to the packets from these various departments in order for the commission to review. Chairperson Schuelke commented that prior to the building permit being issued for the project, those agencies have to be notified and the recommendations have to be placed with our staff before a building permit is issued - they have to conform to requirements. Chairperson Schuelke wanted it known that she didn't want a new rule placed on the applicants here tonight. Item No. 4: Proposed Three (3) Lot Land Division of a One (1) Acre Property Tentative Parcel Map No. 22050 (86- PM-5), Charles Moore. CD Director Larson presented the analysis and conditions of approval Council of Parcel Map No. 22050 conditions. Further, that the a will be applying for a vacation of Third Street. staff report, the project recommending approval to City (86- PM -5), subject to the Dplicant has indicated that he a portion of right -of -way on Chairperson Schuelke then opened the public hearing at 7:40 P.M., asking for proponents /opponents from the audience wishing to speak on this project. Mr. Chuck Moore, P.O. Box GO, Beaumont, addressed the commission stating he had no comments - was here to answer questions that the commission might have. There being no one else wishing to speak, Chairperson Schuelke then closed the public hearing at 7:41 P.M., turning the matter back to the commission for discussion. Discussion was had pertaining to this project as well as extending the vacation from Beaumont Avenue to Maple Avenue instead of just a section. CD Director Larson explained that the property owners have to be notified and a legal description prepared so a Certificate of Compliance can be recorded. On motion by Commissioner Burton, seconded by Commissioner Remy, the Planning Commission recommended approval by City Council of Tentative Parcel Map No. 22050 (86- PM -5), subject to the conditions, along with directing staff to prepare a vacation from Maple, westward along Third Street to Beaumont Avenue. Motion carried unanimously with the following roll call vote: AYES: Commissioners Tapp, Burton, Gordon, Remy and Chairperson Schuelke. NOES: None. ABSENT: None. ABSTAIN: None. Item No. 5: Construction of 3,000 Sq. Ft. Industrial Building with Related Parking, Landscaping and Driveways. Charles Moore, 86 -PP -18 and 86- ND -16. CD Director Larson presented the staff report, project analysis and conditions of approval, recommending approval of Plot Plan No. 86 -PP -18 and 86 -ND -16 to City Council, subject to the conditions. He commented that the 18' driveway is considered adequate, minimum is 15' and the maximum is 301. The 18' driveway does not encroach in anyway that would cause any problems. Chairperson Schuelke then opened the public hearing at 7:50 P.M., asking for proponents /opponents from the audience wishing to speak regarding this project. -3- Mr. Chuck Moore, P.O. Box GO, Beaumont, addressed the commission stating: trying to avoid cars backing out into street; lights on all four sides; no objections to conditions; lease type buildings; would like to have the planter 3' instead of 5' to leave more room between the cars for walking; has not shown plan to the fire department as yet. Chairperson Schuelke ask Mr. Moore at what stage does he present his plans to the fire department and he informed her that after he gets approval then he would go ahead and start meeting all the rest of the requirements and indicated that this is normal procedure. There being no one else wishing to speak, Chairperson Schuelke then closed the public hearing at 7:56 P.M., turning the matter back to the commission for discussion. CD Director Larson stated that anyone that opens a business in this project is controlled by a building permit and would have to meet requirements imposed by the fire department etc. He further commented that it might be helpful to know that all the agencies that was contacted previously was done primarily because there was only a part time planning director on the premises. The Building Inspector looks at the project when it comes in and evaluates what the requirements will be; however, all developers are informed to go to all departments before bringing in their applications and it is also printed on the instruction sheet of the application for them to do this. Commissioner Gordon gave an example that if a project goes back to the city engineer and the engineer changes a street that the commission has already approved based on the information that was given to them, and the commission doesn't like the change, it is then too late for anything to be done. At this time Chairperson Schuelke reopened the public hearing at 8:22 P.M., asking Mr. Moore if he would like to comment on the discussing had by the commission. Mr. Chuck Moore, P.O Box G0,- Beaumont, addressed the commission again stating: thought the commission had said "lighting in" the parking area instead of "lighting of" the parking area; will have chain link fencing - no other problems. Chairperson Schuelke then closed the public hearing at 8:25 P.M., turning the matter back to the commission for discussion. On motion by Commissioner Tapp, seconded by Commissioner Burton, the Planning Commission approved Plot Plan 86 -PP -18 and recommended approval to City Council of Negative Declaration 86- ND-16, subject to the amended conditions of approval to read as follows: Condition No. 3: Outside lighting shall be required in all parking areas and to the rear of building and shall be hooded and directed so as not to shine directly on ajoining property, streets or highways. Condition No. 4 -A: The planter adjacent to the industrial building shall be at least three (3) feet wide and shall be planted with such plant materials as the applicant desires. Condition No. 4 -C: All parking and driveway areas shall be surfaced with asphaltic concrete surfacing, compacted to a minimum of 2 1/2 inches. Condition No. 4 -E: Automatic sprinklers shall be installed in the landscaped areas with hose bibs placed in intervals not less than 200 feet. Motion carried unanimously with the following roll call vote: -4- AYES: Commissioners Tapp, Burton, Gordon, Remy and Chairperson Schuelke. NOES: None. ABSENT: None. ABSTAIN: None. Recessed at 8:26 P.M., reconvening at 8:31 P.M. Item No. 6: Proposed Forty -eight (48) Unit Apartment Complex with associated Landscaping and Parking. Charles Menley, applicant, 86 -PP -16 and 86- ND -17. CD Director Larson presented the staff report, project analysis, and conditions of approval recommending approval to City Council of Negative Declaration 86 -ND -17 and approval of Plot Plan 86 -PP- 16, subject to the conditions. He noted that there will probably be four (4) Solar co- generators for heating and air - conditioning. Commissioner Gordon brought to Mr. Larson's attention that the notice which had been published pertaining to this project had an incorrect number of 13801 Allegheny and it should have been 13081 Allegheny and in his opinion and the opinion of the city attorney that staff did not publish a legal notice. Mr. Larson then explained that the number had been taken from the application, and he then passed out page 138 from the State of California showing the commission that no state or local agency decision shall be held void or invalid or be set aside by any court on the ground of any error, irregularity, informality, neglect or omission (hereinafter called "error" as to anyh matter pertaining to notices, etc. (See attached page 138). Chairperson Schuelke then opened the public hearing at 8:44 P.M., asking for proponents /opponents from the audience wishin to speak pertaining to this project. Mr. Jim Davis, addressed the commission stating that: is handling the project for Mr. Menley; showed the commission his map prepared by the Title Co., 3 houses, mostly vacant land; felt that it was the developers /owners place to take the basic requirements that are going to be made of both the commission and planning department and anticipate these before coming in; has done a flow test, pressure test; talked to the water department - some conflict of interest and authority between the city and the water department but about to get it resolved; 1 co- generator unit for each 3 quadra - plexes; 650 sq. footage per unit; turnaround at the west -end of the project - planning department suggested a hammer -head. CD Director Larson explained that the hammer -head is a preferable way for the turnaround especially for trucks. Mr. Jim Davis, still speaking: uses a standard design for the Solar co- generators; reached an agreement with Mr. Wood and recorded a mutual easement that goes right down the center of the driveway for the sewer, water, etc. There being no one else wishing to speak, Chairperson Schuelke then closed the public hearing at 8:56 P.M., turning the matter back to the commission for discussion. On motion by Commissioner Tapp, seconded by Commissioner Remy, the Planning Commission approved Plot Plan 86 -PP -16 and recommended approval of Negative Declaration 86 -ND -17 by City Council, subject to the amended conditions of approval to read as follows: Condition No. 3: Outside lighting shall be required in all parking areas and to the rear of buildings and shall be hooded and directed so as not to shine directly on adjoining property, streets -5- or highways. - 7,C,) Condition No. 6: All parking and driveway are �,7 shall be surfaced with a minimum 2 1/2 inches of compacted asphaltic concrete or equivalent paving over a suitable base as approved by the Community Development Director. Condition No. 13 -A: "Sidewalks" on line two should be deleted. Condition No. 14: Second paragraph, first word "sidewalk" should be deleted. Motion carried unanimously with the following roll call vote: AYES: Commissioners Tapp, Burton, Gordon, Remy and Chairperson Schuelke. NOES: None. ABSENT: None. ABSTAIN: None. Item No. 7: Proposed Seven (7) Unit Apartment Building. Bernard R. Fagot, et al., 86 -PP -19 and 86- ND -18. CD Director Larson presented the staff report, project analysis and conditions of approval recommending approval of Plot Plan 86- PP-19 and recommended approval of Negative Declaration 86 -ND -18 to City Council and informing the commission that the project meets all city codes. Chairperson Schuelke then opened the public hearing at 9:10 P.M., asking for proponents /opponents from the audience wishing to speak regarding this project. Mr. Harvey Marcell, addressed the commission to answer any questions that the commission might have: similar to the floor plans that is being constructed on Massachusetts; varying floor size to accommodate the site plan; units on the end will be somewhat larger than the interior units; elevation in the carport area will be lower than the building; walkway will be open; the roof will have a 2' overhang and maybe a trim at the top of the carport line for aesthetics only. There being no one else wishing to speak, Chairperson Schuelke then closed the public hearing at 9:14 P.M., turning the matter back to the commission for discussion. It was felt by Commissioner Burton that the uncovered parking in the front an4l -t4,re 25' setback is not allowed. Commissioner Gordon commented that the parking area spaces inside are only 17' long and doesn't comply with the code and that the building itself is only 9' from the line instead of the required 10'. Further, he felt that if an engineer went over the figures they would find a lot of errors. Chairperson Schuelke reopened the public hearing at 9:17 P.M., in order for Mr. Marcell to address the statements made by the commission. Mr. Harvey Marcell, addressed the commission again stating: the Ordinance requires the 10 foot rear yard setback and we would have to meet that with the building; if its dimensioned as 9' that is an error on their part and an oversight; went through this with the last project - it depends on what you call the driveway; does not have a copy of the code with him tonight. Chairperson Schuelke commented that if this project wasn't allowed, she didn't think the plan would be before us and ask for a clarification on the interpretation of the code. She ask Mr. Marcell if he would like to read the section of the code in question for his interpretation. Mr. Harvey Marcell, spoke again after reading that portion of the code in question stating: could be interpreted either way; their interpretation is that it applies to the carports because when you read further into the landscaping section, the landscaping section indicates that there is a required 5' setback for landscaping and if there was not parking allowed within the front yard setback it would - that section would be superfluous and it would say that. In otherwords, if the building setback is 15' or 25' or 35 in a particular zone, then the parking is allowed up to the 51- thats our interpretation of it; as an example Mr. Tavaglione's project on Cherry Avenue has parking within 25' setback with quite a number of spaces. Commissioner Gordon's objections were that the project does not have the proper rear yard setback and as well as confined parking. Commissioner Tapp made a motion to approve Plot Plan 86 -PP -19 and recommend approval to City Council of Negative Declaration 86 -ND- 18. Motion failed for lack of a second. Commissioner Gordon made a motion to continue this public hearing and turn it over to the city engineer for his persual and recommendation. Mr. Larson stated that he is the city engineer and that you already had his recommendations. Commissioner Gordon stated that he was talking about the engineer that we had a discussion with the other day that is under contract for his views and opinions on this project. Mr. Larson stated that there were not engineering questions on this project. Chairperson Schuelke questioned who was "we" that had the discussion with Mr. Dotson. Commissioner Gordon stated that he and Commissioner Burton met with the City Manager and Mr. Dotson on Friday in a general kind of discussion and he feels that they need a second opinion on this project of whether or not it does conform with our ordinances. Chairperson Schuelke ask if Mr. Dotson had indicated a concern with this project. Commissioner Gordon stated he didn't really comment one way or the other. Commissioner Burton stated that she had asked questions regarding different projects - things weren't being done properly. Didn't discuss this project at all. Commissioner Remy stated she would make a motion to deny the project and let it go to the City Council for their decision. PC Secretary ask if this was a motion being made. Motion failed for lack of a second. Commissioner Gordon restated his motion that this public hearing be continued and that the Community Development Director be directed to forward this project to the Consulting Engineer for his views and opinions. Motion failed for lack of a second. CD Director Larson informed Commissioner Gordon that if there is a problem with code interpretation you should ask that it be put on the agenda and brought to the Planning Commission for a resolution and interpretation which would then be approved or reviewed and the recommendation passed on to the City Council. No one has actually brought it before the commission. Chairperson Schuelke then reopened the public hearing at 9:44 P.M., asking for Mr. Marcell to again address the commission in order to get his opinion pertaining to the discussion that the commission had. Mr. Harvey Marcell, again addressed the commission stating that they would prefer for the commission not to deny their project - hopefully something could be resolved; doesn't think it would benefit them to continue the matter; since the parking and setbacks are the issue, doesn't know how a decision could be made -7- since there is two interpretations - matter of personal choice; they had put more thought into the plan and had tried to conceal the parking and eliminated the tandem parking out at the back; eliminated one of the units downstairs and put upstairs - this way there would be more land area to be utilized for parking; felt that the parking was workable; caught by surprise by the issue of the parking in the setback. Chairperson Schuelke then closed the public hearing at 9:46 P.M., turning the matter back to the commission. On motion by Chairperson Schuelke to approve Plot Plan 86 -PP -20 and recommend Negative Declaration 86 -ND -13 to the City Council, subject to the conditions attached and to direct staff to work with the developer prior to City Council reviewing the plan to work out the setback requirement and that City Council take note of the double meaning in the ordinance - to pay close attention to 17.55.015 pg. 112 regarding the location of off - street parking facilities and then page 114 where it conflicts under the landscaping standards, motion was seconded by Commissioner Tapp. Motion failed for lack of a majority with the following roll call vote: AYES: Commissioners Tapp and Chairperson Schuelke. NOES: Commissioners Burton, Gordon and Remy. ABSENT: None. ABSTAIN: None. On motion by Commissioner Gordon, seconded by Commissioner Remy, Com. Gordon restated Chairperson Schuelke's motion except to neither approve nor deny the project and to pass it on to the City Council for their decision with the same recommendation as stated above. Commissioner Gordon amended his motion, seconded by Commissioner Remy that it should be noted by Council that one of the reasons that they came to an inpass, was a conflict of the aforementioned Section of Title 17. Motion carried with the following roll call vote: AYES: Commissioners Schuelke. NOES: Commissioner ABSENT: None. ABSTAIN: None. Item No. 8: Burton, Gordon, Tapp. Remy and Chairperson Proposed Construction of Two (2) Seven (7) Unit Apartment Buildings. Bernard R. Fagot, et al. 86 -PP -20 and 86- ND -19. CD Director Larson presented the staff report, project analysis and conditions of approval of this project, noting that he would be assigning new numbers for the property and units. Chairperson Schuelke then opened the public hearing at 10:00 P.M., asking for proponents /opponents from the audience wishing to speak pertaining to this project. Mr. Harvey Marcel, addressed the commission stating that this project was identical to the one before; wanted to maintain the independence for the lots for financing reasons; house to the north is currently rented and encroaching on the existing lot; intent is to keep the tree as part of the landscape. There being no one else wishing to speak, Chairperson Schuelke then closed the public hearing at 10:02 P.M., turning the matter back to the commission for discussion. The Planning Commission felt that they had the same exact situation as before in Item No. 7. On motion by Commissioner Gordon, seconded by Commissioner Remy, to neither deny or approve this project and pass it on to the City Council for their -8- decision and review as in the motion in Item No. 7. Motion carried with the following roll call vote: AYES: Commissioners Burton, Gordon, Remy and Chairperson Schuleke. NOES: Commissioner Tapp. ABSENT; None. ABSTAIN: None. Information Item: The meeting of November 4, 1986 will be cancelled due to the election and the next Regular Planning Commission Meeting will be held on November 18, 1986, unless a Special Meeting is called. There being no further business before the commission, the meeting adjourned at 10:06 P.M. Respectfully submitted, Planning XmZoon Meeting