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HomeMy WebLinkAbout1959-09-15221 MINUTES OF THE HUNTINGTON BEACH PLANNING COI,11-1ISSION Council'Chambers, City Hall .-.Huntington Beach, California Tuesday, September 15th, 1959 COILMISSIONERS =SENT: Presson, Schryer, Davis, Stang, Liles, Sork, Chairman Bazil. CO1,111ISSIONERS ABSENT: None. PUBLIC HEARING Proposed Classification of CONTINUED: 1111-1-A" Restricted I;Ianufacturing District. Chairman Bazil asked the Planning Director for the report on the minor revisions of 1111-1-A" concerning performance standards and land- scaping. The Director explained to the Commission that the Planning Office had received a phone call the morning of the meeting from Quinton Engineers Ltd who spotted two typographical errors, but were otherwise in accord with the classification exactly as it stands. The hearing was opened to the audience, there being no comment it was closed. The Commission reviewed the Ordinance in its final form and indicated unanamous approval. A I10TION WAS 11AD E BY STANG AND SECONDED BY LILES TO ADOPT RESOLUTION NO 70, A RESO- LUTION RECO121ENDING THE ADOPTION OF 1121-1-A" CLASSIFICATION. ROLL CALL VOTE: AYES: Presson, Schryer, Davis, Stang, Liles, Sork, Chairman Bazil. NOES: None. ABSENT: None. - THE MOTION CARRIED. USE VARIANCE: UV 162 To allow 12 unit motel and Applicant - G. V. Bradley Continued coffee shop to be constructed in an A-1 General Agricultural District. .Located 75 feet north of MacDonald Avenue 222 9 Page #2 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 on the west side of Highway #39 and legally described as Lots 116, 1172 118, Tract 417. A report and recommendation was read by the Secretary. Chairman Bazil oPened the hearing to the audience. G. V. Bradley, applicant, addressed the Commission and asked that the sign provision be re- worded in order that he would have the option of either a neon or unlighted sign. The Commission agreed to the revision. There being no further comment the hearing was closed. A MOTION WAS MADE BY SCHRYER AND SECONDED BY DAVIS TO -RECOMMEND APPROVAL WITH THE FOLLOWING CONDITIONS: 1. OFF STREET PARKING There shall be required- 19 parsing spaces- as indicated by the applicant on the resubmitted plot plan. 2. CURB AND GUTTERS There shall be required curb and gutters constructed along the entire 75 feet of frontage with an ingress and egress ramp permitted for a maximum of 32 feet of width. 3. PAVED OFF STREET PARKING There. shall be required the asphaltic paving of all parking areas proposed.. 4. REAR WALL There shall be constructed on the rear property line, a six foot high masonry wall the entire length of said property line. 5. NEON SIGN There may be permitted one sign of maximlim of 80 sq. ft. within the front yard area but not closer than 10 feet to ,any side property line. ROLL CALL VOTE: AYES: Presson, Schrye r, Davis, Stang, Liles, Sork, Chairman Bazil. 2. 223 Page #3 Minutes - H. B. Planning Commission Tuesday, September 15th,..1959 NOES: None. ABSENT: None. THE MOTION CARRIED.= USE VARIANCE: UV 164 Applicant - Harry Tancredi To allow 2 two story apart- ments of 8 units each. Located approximately 200 feet south- west of Indianapolis Street on the easterly side of Geneva Street, and legally described as Lots 30, 31, 32, and 33, Block 808, Valley View Tract. The Planning Department report was read recommending denial. The hearing was opened to the public. Edward C. Watry, 616 Hartford Street, Huntington Beach, California, addressed the city/ Commission and criticized the policy of granting variances for would be -zone chanp s: ' He stated that in his opinion use variances were an illegal zone change and were not allowed by the State Planning and Conservation Act. The parking requirements he explained, were far above those proposed by the applicant. He asked for protection against such nuisance encroachments. Paul Darden, 808 Geneva, Hunt- ington Beach, California, addressed the Commission and presented a petition with 39 signatures of property owners in the -area surrounding the proposed variance. The petition -protested any deviation from the R-2-District requirements. Mr Darden went on record himself as being opposed to the granting of the variance. George Renner, 807 Frankfort Street, Huntington Beach, California, addressed the Commission and went -on record as protesting to the p m posed UV #164.. He added that the area was R-1 in the majority and would not be compatible with high density 3. 224. Page #4 Minutes - H. B. Planning Commission Tuesday, September 15 th , 1959 apartmen t s . John Henricksen, 618 E.Quincy, Huntington Beach, California, addressed the Commission and stated that if positive measures were not taken to eliminate the.USE VARIANCE AND CONDITIONAL EXCEPTION, the people on the east side can expect to be circulating protest petitions continually. He suggested the elimin- ation of Use Variance and Conditional Exception. There being no further comment the hearing was closed. A MOTION WAS MADE BY SCHRYER AND SECONDED BY DAVIS TO RECOMMEND DENIAL FOR THE FOLLOWING REASONS: 1. 39 property owners petitioned to deny the request. 2. The request constitutes spot zoning and would disrupt the previous pattern established under R-2 zoning. 3. The applicant has submitted plans for inadequate parking, _ which fall far short of the required stand- ards now used. ROLL CALL VOTE: AYES: Presson, Schryer, Davis, Stang, Liles, Sork, Chairman Bazil. NOES: None. ABSENT: None. THE MOTION CARRIED. USE VARIANCE: UV165 To allow the construction of 2 Applicant James-M. Tye two story 8 unit rental apartments within the R-2 Zoning District. Located at 616 Indianapolis Street, and legally described as being a portion,of Lot B, Block 805, Vista Del Mar Tract. An existing house would be removed. Each 8 unit apartment would be built on 50 feet of frontage. APPLICATION WITHDRAWN. 4 ' 225 Page T5 . Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 CONDITIONAL EXCEPTION: UV 166 To allow a 25 feet,,by Applicant - 0. G. Ashworth 117.5 feet lot to become a legal building site within the definition of the R-3 zoning classification... Located 150 feet north- easterly of Olive Avenue on.the southwesterly side of 13th Street, and legally described as Lot 13, Block 313, Huntington Beach Tract. The Secretary reported that he received two writtEnprotests from: Verna Lackey, Whittier, California, and.Mrs Edna ilasby, 306 - llth Street, Huntington Beach, California. . The hearing was opened to the public. Clinton "dri.ght, 315 - 15th Street, Hunt- ington Beach,:California, addressed the Commission and protested the proposed exception vehemently. He pointed out that the -majority of -the lot frontagesin the block are 50 feet.,,,He pointed out,also that the garage in the rear overlapped the property lines. There being no other comment, the hearing was closed.., A T:TOTION WAS T, OE BY STANG AND SECONDED BY LILES TO RECO.1I111END DENIAL FOR THE FOLLOWING REASONS: -1. The applicant purchased the pair of lots 3 years previously. 2. The majority of the homes in the neighborhood are built on 50 ft. frontage. 3. The applicant's.existing,garage crosses over the property line. 4. Three strong protests were registered by immediate vicinity property owners. ROLL CALL VOTE: AYES: Presson, Davis, Sork, Schryer, Stang, Liles, Chairman Bazil. NOES: None. 5. 226 Page #6 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 ABSENT: NONE. THE MOTION CARRIED. TENTATIVE TRACT MAP 3420 A tentative tract of approx- Revised Sept. 15th, 1959 Applicant - imately55 acres. Located Alco Pacific in a portion of the southeast quarter of Section 23, T. 5. S., R. 11. V1.9 SBB & M. The conditions as re- commended by the Fire, Engineering*and Planning Depart-' ments and originally approved were read to the Commission. The applicant was asked to state his opinion and object- ions to the conditions - if any. Mr. Lewis, representative of Alco - Pacific, addressed the Commission and in- quired about the requirement that the city franchise shall provide water to the tract. He explained that he must have overlooked that requirement at the last Commission meeting. Mr. Lewis stated that he preferred to have the Dyke Water Company provide the water system because it would be more -profitable for his developmRilt. He added that because of misunderstanding, he already contracted with the Dyke Water Company to sell some a existing wells on the -property in turn for water servicing contract. It was pointed out by the Engineering and Planning Departments that the question of water had arisen at the preliminary review committee hearing level and that both the applicant and his engineer were present when the water ordinance was explained. There were no objections given by the applicant or his engineer at that time when they were asked to put "water service by the City of Huntington Beach" as a written condition contingent to the tentative tract map RM 227 Page ;#7 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 when the hearing was held taro_ months previously. Mr. Lewis replied that he could only vaguely remember and that -it must have slipped his mind. He said that he had other representatives in the audience who might like to ask some questions. (I r_. Landsdale, and a managing editor of a county newspaper ). Mr. Lanasdale addressed the Commission and demanded that he should have the legal right to service crater to the tract. The City Engineer explained that both the crater ordinance and the sub- division ordinance forbade utility crater service by unauthorized utilities other than those with an exist- ing franchise by the State Utilities Commission and the City of Huntington Beach. Mr. Landsdale challenged the City Attorney's,:ruling,-and the City Engineer's opinion on the subject as to its legality. Commissioner Sork suggested that action on the map be postponed until ,the _issue eras .settled. I,Ir. Lecris -suggested that he would rather have immediate action and be allowed to challenge any issues at a later date. The Commission ruled upon the recommendation of the Chairman that it was not the discretion of the Commission to debate legal questions. Discussion of the issue was dropped. There being no changes suggested by the Commission as to required conditions, the hearing was closed. A IIl WAS MADE BY SORK AN SECONDED BY PRESSON TO RECOIE,:EIID APPROVAL WITH THE FOLLOFIING CONDITIONS: 1. "J" Avenue shall receive approval by CONDITIONAL EXCEPTION allowing 56 feet in right -of -tray width in variance to the required 60 feet or shall be altered to become a 60 feet R/W. 7• M Page #8 ' 11inutes - H. B. Planning Commission Tuesday, September 15th, 1959 2. Necessary abutments and approaches shall be constructed by the subdivider'. for the S 2 of Heil Avenue railroad R/w crossing. 3. All lots within the subdivision which abut the proposed Flood Control Channel No 0-5 shall be fenced at the R/W line with 5 feet high chain link fence, in accordance with.Flood Control standards.. 4. Vehicular access rights to Heil Avenue from all lots abutting Heil Avenue shall be dedicated to the City and shall be so marked -on the final map. 5. There shall be required for the final map a covenant; deed restricting all lots within the proposed sub- division to single family dwelling use. 6. Delete. 7. "A" Street shall be -named Lincoln Street to coincide with Lincoln Street to the south. 8. It shall be required that the subdivider and the OCFD make the arrangements necessary for construction of the south one-half of the intersection of Heil Avenue with Huntington Beach Blvd., to its ultimate width, at no expense to the City. 9. Street slopes shall meet City standards. Deviations shall be subject to the approval of the City Engineer. 10. Delete. 11. Final map approval shall be conditioned upon the availability of the adjoining Flood Control Channel which in the opinion of the City Engineer.has reached sufficient completion for control of runoff water. 12. 'Water shall be furnished by the City of Huntington Beach and shall be so stated on the final map. 13. There shall be connected sewers in compliance with the subdivision ordinance, and such improvement plans shall be so submitted with the final map. ROLL, CALL VOTE: AYES: Presson,, Davis, Sork, Schryer, Stang, Liles, Chairman Bazil. NOES: None. ABSENT: None. THE MOTION CARRIED. AREA VARIANCE: AV 167 To allow a 15 feet front - Applicant - Joseph Apple yard area and a 5 feet rear yard area in variance to Orange County Land Use Ordinance No 351 as adopted by Interim Ordinance No 668. 91 229 Page #9 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 Located at the southeast corner of La Palma Avenue and Patterson May, and legally described as follows: - S'•ly 135 ft. of the E' ly 50 ft. of -that portion of NVI. ' of Sec. 36, T. 5. S. , R.11. 17. , SBB &-M. , as follows: Beginning at SW corner of ITW 4 of said Sec. 36, thence E'ly along S'ly line of said NW 4 432.86 ft., thence N l ly parallel with W I ly line of said Sec. 140.00 ft. to true point of beginning, thence continue N'ly parallel with said 70 ly line 160.00 ft., thence'E'ly parallel with said S'ly line 162.14 ft., thence S parallel to said 17'ly line 160.00 ft., thence 41 parallel with said S'ly line 162.14 ft. to true point of beginning. EXCEPTING; the S'ly 135 ft. of the E'ly 50 ft. The hearing was opened to the public. Joe Apple, applicant, explained to the Comm- ission that he could achieve a better parking arrange- ment from a civic planning point of view._ There being no other comment, the hearing was closed.. A IIOTION WAS 1,11ADE BY DAVIS AIyD SECONDED BY STANG RECOIZIENDING APPROVAL, FOR THE FOLLOJ- ING REASONS: 1. The applicant will give a 20 ft. exterior side yard along Patterson Way and -will provide a 28.5 ft. side yard setback on the interior side. 2. The applicant is merely redesignating his exterior side yard as the front yard -and making his front yard setbacks accordingly. 3. There is no dangerous precedents being set in this case. ROLL.CALL VOTE: AYES: Presson, Davis, Sork, Schryer, Stang, Liles, Chairman Bazil. NOES: None. ABSENT: None. THE I,1110TION CARRIED. 9, - 230 Page 7#10 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 DIVISION OF LAND: DV 136 To revert two adjoining Applicant - Amy D. Grant parcels to one single parcel. PARCEL DESCRIPTION: The east 63 ft. of the west 171.60 ft. to revert back to the west 171.60 ft. of.the east 266.0 ft. of Lot 4, Block B, of Tract No. 436, Map Book 16, Page 28 .of 11iscellaneous Maps of Orange County. The hearing was opened to the audience. John Feltenhoelter, representative for the applicant addressed the Commission and explained the purpose of the' division. -There-being no further comment the hearing was closed. A IJOTION WAS IdADE BY SORK . AND SECONDED BY DAVIS TO APPROVE DV'136;THE REVERSION TO A SINGLE PARCEL. ROLL CALL VOTE: AYES: Presson, Davis, Sork, Schryer, Chairman Bazil." NOES: None. ABSENT: None. THE MOTION CARRIED. DIVISION OF LAND: DV 137 Applicant - City of Newport Beach Stang, Liles, DIVISION I: That portion of Section 8,'T.6.S., R.10.71.1 in the Rancho Las Bolsas, City of Huntington Beach, California, described as follows: Beginning at a 4.x 4 post at the northwest corner of said Section 8, th nce East 2560.80 feet,- thence South 7� West 2655.84 ft., thence West 2196.48 ft. to the vilest line of said Section 8; thence North 2640.00 ft. to the point of beginning. EXCEPT that portion thereof lying E'ly of the following described line: Beginning at the intersection of the N line of said Sec. 8 with a line bearing N from the 1,711y terminus of that certain course designated "South 881 45' 00" West 859.00 ft."' in the land described in the deed to the City of New- port Beach, recorded January 9, 1926, in book 626 page 26 of Deeds; thence S to said ►1'ly terminus; thence-S 31° 30' 00" E 463.00 ft. thence S 2° 00' 00" W 635.00 ft., thence S 260 00' 00" V1 367.30 ft., thence S 670 30' 00" 11 283.00 ft., thence S 430 30' 00" 17 236.00 ft. thence S 270 45' 00" V1 697.00-ft., thence S 30 00' 00" W 361.00 ft to the S line of said land. 10. 231 Page #11 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 ALSO EXCEPT the N 350.00 ft. of the d 340.00 ft. thereof. RESERVING an easement over the E 10.00 ft. of the W 50.00 thereof for the construct- ion, operation, maintenance, repair and replacement of water mains and appurten- ances. DIVISION II: That portion of Section 8, T.6.S., R.10. W., in the Rancho Las Bolsas, City of Huntington Beach, California, described as follows: The North 350.00 feet of the 'hest 340.00 ft. Located on the 88 acres on the southeast corner of Brookhurst Street and Adams Avenue. A P,IOTION WAS MADE BY SCHRYER MM SECONDED BY LILES TO APPROVE DV 137 SlITH THE FOLLOi7ING CONDITIONS: LAND DEDICATION 1. There shall be required the dedication of land to the ultimate R/`-.7 width of Brookhurst Street and Adams Avenue as indicated by the City blaster Plan of Streets and Highways, for all street frontage within Division II. REQUIRED I1IPROVE1,MNTS 2. There shall be required the full improvements of all dedicated rights -of -way to include the paving and installation of curbs and gutters in accord- ance to City standards for that parcel designated as Division II. ROLL CALL VOTE: AYES: Presson, Davis, Sork, Schryer, Stang, Liles, Chairman Bazil. NOES: None. ABSENT: None. THE MOTION CARRIED. DIVISION OF DIVISIONi I: W. 73.45' , W.• 2, Lot 1, LAND: DV 138 Block C, Tract 436. Applicant - M. L. Ilurdock DIVISION II: E. 62. 54' , V . 135. 99' , a- 2, Lot 1, Block "C", Tract 436. DIVISION III: E. 62:541, 71. 2f Lot 1, Block "C", Tract 436• The hearing was opened to the public, there being no comment, the hearing was closed. 232 Page #12 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 A MOTION SY S MADE BY LILES DV 138/A AND SECONDED BY DAVIS TO APPROVE WITH THE FOLLOWING CONDITIONS: CURBS AND GUTTERS: The installation of curbs and gutters shall be assured -by the posting of a �'590.00 surety or cash bond (or Bank Guarantee) with the city clerk on the basis of $2.00 per running foot. The surety or cash bond (or -Bank Guarantee) shall be re- deemed if the applicant constructs curbs and gutters along the frontage of his lots according to City stand- ards within the specified period. The surety or cash bond (or Bank Guarantee) shall be forfeited and the City Eng- ineer shall order the required construction accomplished at no additional expenses to the applicant, in the event the curbs and gutters are not constructed within 120 days after the City Engineer has officially notified the applicant of established grades and elevations. This condition shall become null and void in the event the. City Engineer has not provided established grades and elevations within 24 months of approval. ROLL CALL VOTE: AYES: Presson, Davis,_Sork, Schryer, Stang, Liles, Chairman Bazil. x NOES: None. ABSENT: None. THE PIOTION CARRIED. WESTMINSTER SCHOOL The -Secretary -reported that SITE APPROVAL the Westminster Elementary School District were contemplating the relocation of their form- erly approved Springdale school site. Located at the southwest corner of Willow Lane and Maple Avenue within the City of 12. 233 a Page ;#13 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 Huntington Beach and legally described as follows: The east 10 acres of the south 30 acres of the west 50 acres of -the; -'south a of the northwest y of Section 105 T. _5. S. , R. 11. 71. I_ SBB & I.I. , A I:10TION 17AS HADE BY STANG AND SECONDED BY PR ESSON TO APPROVE .THE WESTIIINSTER SCHOOL . SITE: ROLL CALL VOTE: AYES: Presson, Davis, Sork, Schryer, Stang, Liles, Chairman Bazil. NOES: None. ABSENT: None. THE I,IOTION_ CARRIED. DISCUSSION OF TENTATIVE TRACT PRESENTATIONS: A discussion was held by the 'Commission concerning the process- ing of numerous tentative tract maps which have been recently submitted. It was pointed out by several members of the Commission that last minute entries have caused much confusion and misunder- standing. The Planning Director and the City Engineer agreed that all details of the Tract should be ironed out before the map gets to the Commission in order to reduce the deliberations to policy decisions. It was pointed out by'the Planning Director that subdividers habitually try to make the.deadline by turning in a revised map the day of the -meeting, and that the Planning Department has no opportunity to review it before presentation. Commissioner Sork maintained that all details should be considered at a review committee hearing level -and double checked by the Planning Dept. prior to presentation to the Commission. Otherwise he pointed out, the review committee is mal-functioning. In order to remedy the situation a resolution was proposed for adoption requiring -that the Planning office post a deadline for tentative 13. 231 Page ;#14 Minutes - H. B. Planning Commission Tuesday, September 15th, 1959 tract map submittals. RESOLUTION NO 71 A Resolution creating a deadline -for tentative •tract - map submittals of four business days prior to the Planning Commission meeting. This requirement would only concern divisions of 5 or more lots. ROLL CALL, VOTE: AYES: Presson, Davis,:Sork, Schryer, Stang Liles, Chairman Bazil. NOES: None, ABSENT: None. . THE MOTION CARRIED. The Secretary was ordered•by. the Chairman to publish -RESOLUTION NO 71 in the legal, section of the local newspaper. THE MEETING ADJOURNED. Clifford E. Tripp Secretary 14. Robert Bazil Chairman