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HomeMy Public PortalAbout09/19/89BEAUMONT PLANNING COMMISSION MINUTES OF SEPTEMBER 19, 1989 The Planning Commission met in a Planning Commission meeting on Tuesday, September 19, 1989, in the City Council Chambers with Chairperson Burton presiding. Meeting was called to Order at 7:00 P.M. Affidavit of Posting was read. On Roll Call, the following commissioners were present: Commissioners Bruner, Schuelke, Remy, Fries and Chairperson Burton. The Pledge of Allegiance to the Flag was observed. 1. The minutes for the Planning Commission meeting for Tuesday, August 15, 1989, were approved with a correction on Page 4, under AYES should read "Chairperson Burton ". 2. Oral Communication: None. 3. Director's Report. COD Koules reported that at the City Council meeting of September ill 1989, the Planning Commission's action of August 15, 1989 was reversed on the Schuelke's appeal. CONTINUED PUBLIC HEARING: 4. 80- CUP -6 /Swap Meet. Review of Conditions of Approval of Conditional Use Permit 80 -CUP -6 as approved by the Planning Commission on July 2, 1985 for swap meet property, located at 1501 East Sixth Street. Applicant, Richard and Johnny Jacquet. Assistant Planner Doug Fazekas presented the staff report and noted he had pictures and a plot plan showing Mr. Jacquet had met the conditions. At this time the pictures were given to the commission for their perusal. Mr. Johnny Jacquet for Jacquet's Swap Meet, addressed the commission commenting that the only question they had was the west side parking on Xenia Avenue, noting also they would like to propose an alternative method to chalking. They would prefer to use concrete curb stops to control parking within the swap meet thereby graveling the whole area effectively controlling the dust. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 7:12 P.M. turning the matter to the commission for discussion. Mr. Fazekas commented that the applicant had fire extinguishers in the interior of the gift shop as well in the office which is a trailer in the back. In response to Commissioner Schuelke asking "we are reviewing the original CUP for compliance" Assistant Planner Fazekas noted it was his understanding we were reviewing the conditions under Mr. Larson in 1985; however, a copy of the original back in 1981 is also attached. Further noting that PC Minutes September 19, 1989 Page 2 during his inspections, there had been no electrical drop cords across driveways, vendors were clearly marked, there were about 350 parking spaces with four (4) additional handicap spaces. Also as to the traffic study, staff consulted Chief Funston who will address the problem on west Xenia. Chief Funston, Beaumont Police Department, addressed the commission noting he had had only one complaint concerning traffic at 6th Street. He further commented the only thing he had looked into was the parking situation on the west side of Xenia noting, there has been no volume count or traffic study done on 6th Street. After observations as to the parking on Xenia his suggested options were 1) do nothing and allow it to go until it presents a problem at which time he will contact Mr. Koules, or 2) establish a "no parking" zone which would have to be a recommendation to the City Council. Chairperson Burton noted that pursuant to the map in her file of 1985, it did not show the trailer and it was her feeling that if it were allowed, then improvements would be needed. Mr. Fazekas commented that it was staff's opinion when it was approved in 1981, the original plot plan showed a trailer; however, there is a map which does not have the word "trailer" written in - otherwise they are the same. Chairperson Burton noted that the previous owners were told to remove the trailer then asked Mr. Jacquet if there was a trailer there in 1985? Mr. Jacquet responded by stating "not after they moved (1981 owners) the fence was torn down just prior to moving and the trailer was taken out ". Mr. Jacquet, Sr. spoke from the audience noting that the trailer was in the plot plan when he took the swap meet over and he used the same plot plan that the previous owners used in 1981. Chairperson Burton again commented that the travel trailer was not listed in the plot plan of 1985. The commission went on to discuss the parking and the chalking thereof. Commissioner Bruner noted that the people park in an orderly manner; however, if the owner wants to put in curb stops it will make it even better. Chairperson Burton noted that there is a condition that says they must chalk but it can be deleted if that is what the commission desires. Commissioner Schuelke noted that the asphalt area is in need of restripping, numbers need to be repainted, etc. maybe even patch some of the asphalt that is in poor condition. Mr. Jacquet asked if the public hearing could be reopened with Chairperson Burton reopening the public hearing at 7:35 p.m. Mr. Jacquet again addressed the commission pertaining to splitting of spaces and noted this was done to avoid problems. If the vendors do not get a space they will go out and sell in the lot (usually 2 to 4 spaces split on their busy days). Also they make certain that all vehicles stay on the space and as a result there is no over crowding. Chairperson Burton noted that she would like to add a condition to have only one vendor to each selling space. She then closed the public hearing at 7:39 p.m. turning the matter back to the commission for discussion. Commissioner Schuelke questioned the proper fee per space with Mr. Fazekas commenting that a feasibility study would need to be addressed with comparisons to other swap meets in the area. PC Minutes September 19, 1989 Page 3 Commissioner Bruner noted that the applicant stated at the meeting that he only splits a space when vendors come in with a couple of items - he doesn't have two commercial type vendors jammed into one lot to sell. Chairperson Burton noting she wanted to discuss the travel trailer since it is not just an office but a residence. Mr. Jacquet noted he is living in the trailer while they are making improvements. Mr. Fazekas noted that it was his understanding the trailer would be used for security reasons due to the fact there has been problems with drug sells. He also noted that he does have a Conditional Use Permit for a security type RU vehicle for the site and it is not an eye sore because you cannot see the trailer from 6th Street. Mr. Jacquet noted that another reason for putting the trailer in was to be able to sell tickets on the south side - since the property is up for sell he does not know how feasible it would be to do major improvements. COD Koules commented he would favor the trailer staying on the site especially since it was shown on the plot plan in 1981. Chairperson Burton then asked what happened to the 1985 conditions with Mr. Koules stating he did not think the 1985 conditions negated the conditions in 1981. Also the trailer should stay if it is helping to alleviate vandalism, theft, and drug traffic and if that would be confirmed by Chief Funston who is present, with Chairperson Burton noting that by the same token they then could do that throughout the City. Mr. Koules stated "but this is a conditional use permit and as you know conditional use permits bestow special rights with that conditional use ". The commission then discussed the wording of Conditions 14.33 and 14.90 as well as the discussion that the building could be used for security purposes. On motion by Commissioner Fries to grant the conditional use permit 80- CUP -6, subject to the amended conditions seconded by Commissioner Bruner to read as follows: 14.33 The unpaved parking rows shall be covered with 3/4" crushed rock with concrete parking stops installed to separate rows and parking spaces. The balance of 14.33 to remain, deleting "overall stripping once a week with necessary touch -up during the week ". 14.90 Dust Control method shall be 3/4" crushed rock. The entire unpaved section along the property in question of Xenia Avenue shall be rocked with same. The use of the travel trailer will be allowed for 3 months from this date at which time the trailer is to be removed. This CUP is to have an annual review with the next review by September 20, 1990. Motion carried with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries and Remy. NOES: Chairperson Burton. ABSENT: None. ABSTAIN: None. PC Minutes September 19, 1989 Page 4 5. An amendment to an Ordinance of the City Council of the City of Beaumont, California, adding Sections 17.20.120, 17.20.121 and 17.20.122 to the Beaumont Municipal Code (Title 17 - Zoning Ordinance): R -Lm Zone (Residential - Low medium) which proposes a new zone classification allowing up to eight (8) dwelling units to the acre. Adoption of Negative Declaration 89 -ND -13 is also being proposed. COD Koules presented this staff report noting this was primarily a housekeeping item explaining that the general plan shows a land use category of low- medium density residential of 8 du /ac; however, there is no zone in the zoning ordinance that can implement this general plan category. The area from Maple Avenue to Pennsylvania Avenue from the northerly side of Highway 10 to the south side of the commercial frontage facing 6th Street is shown on the general plan as low- medium density. This area is zoned industrial, residential multi - family of 16 du /ac and some general commercial. At some future time if the City intends to bring the zoning in compliance with the general plan there would be no zone on the books to do this with. Chairperson Burton then opened the public hearing at 8:25 p.m. asking for proponents /opponents from the audience wishing to speak. Ms. Barbara Voigt, 38537 Orchard St., Cherry Valley, addressed the commission wanting to know how many homes or lots per acre is at the Country Crossings Development. The commission explained the density at Country Crossing. COD Koules explained that for each dwelling unit you need 5,440 sq. ft. Also what this means is if someone has a lot that is 10,990 sq. ft. in size and it is zoned R -Lm they can put two units on that lot. You would have to have a 6,000 sq. ft. lot to put one residential home. Commissioner Schuelke felt this proposal was very confusing and that this was a good opportunity to rewrite the ordinance. COD Koules noted that no issue had been taken with the Residential multi- Family and Residential High- Density Zone which obviously allows for smaller lots and less open space. There is a plan designation on the general plan that requires a zone with no more than 8 dwelling units. There being no one else wishing to speak, Chairperson Burton then closed the public hearing at 8:45 p.m. It was the commission's feeling that this zoning would be adding to the confusion that is already in Title 17. Commissioner Schuelke commented that she felt this zoning classification was needed as per staff's recommendation but she also felt that it be recommended to amend the general plan for that area from maple to Pennsylvania to commercial since it is a more conducive use. COD Koules noted that a public notice would then be needed. He further noted that a study would then need to be done with the commission commenting that a study was done back when Valerie Beeler was here. On motion by Commissioner Schuelke recommending approval by City Council for the adoption of the proposal of R -Lm Zone as an additional zone to be made part of Title 17 and identified as Sections 17.20.120, 17.20.121 and 17.20.122 as per staff's findings and adoption of Negative Declaration 89- ND -13; seconded by Commissioner Bruner. motion carried with the following roll call vote: PC Minutes September 19, 1989 Page 5 AYES: Commissioners Bruner, Schuelke, Fries, and Chairperson Burton. NOES: Commissioner Remy. ABSENT: None. ABSTAIN: None. It was requested by the Commission that a review of the area between maple and Pennsylvania, along 5th Street be placed on the next agenda and that there be no approvals of multi- family dwellings in this area until this time. CONTINUED SCHEDULED MATTER: 6. 87 -PP -2 and 87- ND -23, a request for a one year extension of time for proposed 144 apartment complex, located at the northwest corner of 14th Street and Beaumont Avenue. Applicant, Allied Group, Inc. COD Koules noted that this item was continued from August 15, 1989 because at that time the applicant expressed the desire to meet with the City Engineer and work out some progress on the submittals. He noted that Mr. Dotson recommends that the applicant withdraw the request for a one year extension of time on the condition that the off -site improvements which were part of 88 -PM -10 be waived. Mr. Koules noted that he did not agree procedurally with the City Engineer's approach to tie these two projects together. If it is the commission's pleasure and the applicant agrees and they want to withdraw the request for the one year extension on the plot plan, then the City would initiate a public hearing to consider the waiving of those off -site conditions; however, he could not make this commitment to the applicant. Mr. Dotson's thinking is that he would like to get the 144 units redesigned, thus, the reason for tieing the two together. Mr. Nick Saab, 6 Morro Dr., Corona Del Mar, Ca, addressed the commission, commenting that since the last meeting they had met with Mr. Dotson and that he (Dotson) suggested they withdraw their project (plot plan) and in return they would get a waiver for the parcel map. If they give up the apartment project they could possibly get their property zoned commercial with COD Koules noting he would not support this. Mr. Saab further noted they are in the process of annexing to the water district and feels they are diligently working on their project and wanted to know what else they could do. On motion by Commissioner Remy to approve the one year extension of time for 87 -PP -2 and 87- ND -23; seconded by Commissioner Bruner, motion carried unanimously with the following roll call vote: AYES: Commissioners Bruner, Schuelke, Fries, Remy and Chairperson Burton. NOES: None. ABSENT: None. ABSTAIN: None. SCHEDULED MATTERS: 7. Discussion of Mr. Chamberlain's concerns regarding an easement at the rear of his property located at 1334 Michigan Avenue. Chairperson Burton read a letter received from Mr. Chamberlain noting he was unable to attend the meeting (see attached). PC Minutes September 19, 1989 Page 6 COD Koules distributed a colored assessor's map for the commission showing the easement and commented it was his understanding that the sewer line is on the property line and that the easement runs 3' to the west and 7' to the east. Commissioner Bruner then stated that an utility easement does not grant access for anyone other than the Utility Co. and felt there was really nothing to discuss. COD Koules also noted there was nothing to discuss because he had been advised that it is a utility easement and not an alley easement, also noting, the City has no obligation to maintain the easement but simply reserves the right to access it if it becomes necessary. Commissioner Remy explained that there are people in this area with structures /junk in their back yards climbing atop the debris, robbing and vandalizing other people in the neighborhood. She felt they were in violation of Title 17 since they are to have a setback of 15 feet in the rear and that the City should enforce the setback requirement. It was decided after discussion that this item was a code violation and COD Koules noted that he would contact the police department concerning this matter. 8. Discussion of revision to RSF (Residential Single Family) Zone to require 7,000 sq. ft. minimum lot size instead of 6,000 sq. ft. After discussion by the commission, staff was directed to bring to the commission on the RSF Zone a requirement that the minimum lot area be 7,000. COD Koules noted that staff would provide an amended proposed ordinance. 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