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Home My WebLink About1959-10-06235 MINUTES OF THE HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, City Hall Huntington Beach, California Tuesday, October 6th, 1959 COMMISSIONERS PRESENT: Presson; Schryer, Davis, Stang, Kaufman, Chairman Bazil. COMMISSIONERS ABSENT: None. MINUTES: On motion by Schryer and seconded by Davis the Minutes of the Huntington Beach Planning Commission Meetings of . Tuesday, September 1st and 15th, 1959, as transcribed and mailed by the Secretary were accepted as mailed. USE VARIANCE: UV 168 To allow two unattached single Applicant - William L. Turnbow family dwellings in the existing A-1 General Agricultural District. Located approximately 400 feet west of Highway #39 on the north side of Aldrich Street and legally described :as Lot 33, Tract 417. Chairman Bazil opened the hearing to the audience, there being no comment it was closed. Commission discussion was held to establish the criteria and reasons for the granting of the variance. Reasons were stated as that: 1. The property consisted of extreme depth of 200 feet. 2. Other variances have been recommended for approval with identical criteria. A MOTION WAS MADE BY STANG AND SECONDED BY PRESSON TO RECOMMEND APPROVAL WITHOUT CONDITIONS. ROLL CALL VOTE: AYES: Presson, Schryer, Davis, Stang, Kaufman, Chairman Bazil. NOES: None. ABSENT: None. THE MOTION CARRIED. '236 Page #2 Minutes - H. B. Planning Commission Tuesday, October 6th, 1959 USE VARIANCE: UV 169 To allow three single family Applicant - Amy D. Grant homes on one lot with 171 feet of frontage in the A-1 General Agricultural District which permits a -duplex only. Located on the frontage 100 feet west of Elm Street on the north side of Cypress Avenue, and legally *described as the west 171 feet of the east 266 feet .of Lot 4 of Block "B" of Tract 436. The hearing was opened to the audience.. John Feltenhoelter, representing the applicant, gave a brief resume of the problem, wlich he stated the applicant decided that she wished to build another unit once she had the second unit under -way. There being no further comment,_the hearing was closed. Mr. Feltenhoelter was asked if his client would object to attaching the third unit to the now building second building. He ad- mitted that it was possible but objected to the additional cost. Chairman Bazi 1 pointed out that the Commission was not opposing the building of the three units so much as the creation of an inevitable minimum size lot split or possible bootleg subdivision. It was pointed out that'if the two buildings were attached, then the Commission could be assured of the applicant's intent. But if the applicant steadfastly demands that all the three units must remain detached and at proper side yards, then the intent is obviously -to divide against the Commissions wishes, and contrary to minimum established lot sizes. A MOTION WAS MADE BY DAVIS AND SECONDED BY SCHRYER TO RECOMMEND DENIAL FOR REASON LISTED: 1. The intent is:to obviously circumvent the. subdivision lot 'size requirements. ROLL -CALL VOTE: AYES: Presson, Schrye r, Davis, Stang, Kaufman, Chairman Bazil. -2- 237 Page #3 Minutes - H. B. Planning Commission Tuesday, October 6th, 1959 NOES: None. ABSENT: None. THE MOTION CARRIED. TENTATIVE TRACT MAP 3563 August 1959 Applicant - Ralph Davis Total Acreage - 29.6 Engineer - Stephen Bradford Engineering Total No. of Lots - 134 Located at the north side of Ellis Street approximately 1000 feet west of Highway 39 with the tract fronting on Taylor Road (a private road) and legally described as being a portion of NE � of Section 35, T. 5. S., R. 11. W., S. B. B. & M. The conditions as recommend- ed by the Fire, Engineering and Planning Departments were read to the Commission. The applicant was asked to state his opinion and objections to the conditions - if any. Ralph Davis, applicant, addressed the Commission and stated that he had no object- ions, even to the enforcement of tree planting as specified by the' subdivision code. Following a discussion, Chairman Bazil ordered the Planning Director to enforce tree planting as part of the requirements of a subdivision' or present a proposal to remove the requirement from the code. The Planning Director was requested to make a study of suitable types of trees which may be required as part of the subdivision. It was brought out that the selection of trees was quite a technical matter and that landscape experts should bea consulted. A MOTION WAS MADE BY STANG AND SECONDED BY DAVIS TO APPROVE OF TENTATIVE TRACT NO 3563 WITH THE FOLLOWING ATTACHED CONDITIONS: -3- 238 .. Page #4 T.Zinu.tes - H. B. Planning Commission Tuesday, October 6th, 1959 1. Huntington Avenue north of Ellis Avenue shall be paved with regular city street specifications to a width of 24 feet to a point reached by the boundary of the tract. Subdivision regulations shall govern Huntington Avenue north of the southerly tract boundary. 2. Taylor Avenue shall be improved to at least to one half of the street width in accordance with sub- division standards along the entire north tract boundary. There shall be also required at least a 10 feet additional width abutting the north tract boundary which shall be paved with an -oil mix or better type of paving. 3. OFFSITE DRAINAGE: There shall be rdquired a minimum of 42 inches culverts installed at the location where the natural drainage flow intersects the P.E. R.R. RAI and where the natural drainage flow inter- sects Gothard'Street. -There shall'be'required a trash rack installed at the upstream end of the rail- way culvert. All installations shall be with the approval of the City Engineer. 4• The applicant shall be required to dedicate vehicular access along Ellis Avenue where'the southerly tract boundary abuts said Avenue. Notes to this effect shall be required on the submitted final map. 5. The applicant shall be required to deed restrict Tentative Tract Map No 3563 to single family usage on all five year limit lots and shall so indicate said deed restrictions on the final maps and shall so record the required deed restriction with the - county clerk prior to adoption'of the final map. shall/ 6. The applicant be required to file a petition for rezoning to 11R-1" Single Family Residential District prior to the.adoption of the final map. 7. -Tree planting required in accordance to City Engineer's specifications at the ratio- of one tree per lot. ROLL CALL VOTE: AYES: Presson, Schryer, Davis, Stang, Kaufman, Chairman Bazil. NOES: None. JUSENT: None. THE TJOTION CARRIED. CONDITIONAL EXCEPTION Applicant - Lowell Evans TENTATIVE TRACT IIJAP 3522 Engineering -Tri-City , Total acreage: 3.46 Total No of Lots: 19 Located: at -the---NE corner of-Huntington-Avenue--and;Ssventeenth Street_and legally -4- 2 3 9 Page m5 TJinutes - H. B. Planning Commission Tuesday, October 6th, 1959 described,as 2703-A of the East -Side Villa Tract. The applicant requested a- variance to Section'No 9741.4 of the Huntington Beach Ordinance Code to allow - Lots:-,2-thru 5, 6 thru 9, and 11 thru 14 to have 57.2 feet of frontage in deviation to the code. To allow - Lots: 1 and 10 to have 59.2 feet of frontage in deviation to the code. To allow - Lots: 17 and 18 to have 50 feet of frontage in deviation to the code. To allow —Lots: 1 and 10 to have 6300 sq. ft. in deviation to the code. To allow - Variance to Section 9741.12 by elimination of a required alley and dedication of access to 17th Street and Huntington Avenue. The report was given by the Secretary explaining the intentions of the subdivider and his proposed plans. Discussion was held on the merits of . granting so many deviations to the code. Dr. Kaufman, Commissioner, stated that because of the necessity of the, applicant to dedicate a large amount of street area, he should be entitled to a few.concessions. However he explained that in his opinion -it_- should be the exception and not the rule. Chairman Bazil stated that his opinion would be to send the map back to the engineers for resubmittal with fewer exceptions to be made. Members of the Commission were in accord. A LOTION WAS T;TADE BY SCHRYER AND • .r SECONDED BY DAVIS STIPULATING THAT NO FURTHER ACTION BE TAKEN UNTIL THE TENTATIVE TRACT 11AP ITO 3522 IS RESUBMITTED. ROLL CALL VOTE: AYES: Presson, Schryer, Davis, Stang, Kaufman, Chairman Bazil. NOES: ILTone . ABSEI,T: None. THE MOTION CARRIED. • . -5- 2 4 0 Page #6 Minutes - H. B. Planning Commission Tuesday, October 6th, 1959 RECONSIDERATION OF DIVISION I:- Approximately 86 acres DIVISION OF LAND: DV 137 SE corner of Brookhurst Applicant - Street and Adams Avenue. City of Newport Beach DIVISION II: Approximately 2.5 acres at the SE corner of Brookhurst Street and Adams Avenue. Chairman Bazil opened.the..hearing to the audience. Robert Shelton, City ilanager, Newport Beach, addressed the Commission and explained the background for the case as it was to be appealed. Walter Charamza, City Attorney, Newport 3each, addressed the Comm- ission and explained that the City wished to continue possess- ion of an existing water well which was within the right-of- way which would have to be dedicated. He requested per- mission from the Commission to naive this requirement due to a hardship to the City. Chairman Bazil pointed out that almost every city makes identical requirements including the City of Newport Beach. The Newport Beach City Attorney then inquired if it were possible to negotiate -for a contractual agreement instead of the required bonds. Chairman Bazil polled the Commission for an opinion. I,Iembers of the Commission agreed to allow the City Engineer, City Attorney, and the Planning Director of the respective cities work out the details for submittal to the Planning Commission for further consideration. The hearing was closed -to the audience. CHAIRI UIT BAZ IL ORDERED A CONTINUANCE ON THE HEARING. TRAILER -PARK CONTROLS. A detailed report from the Three Arch Bay Association was read and discussed by the Commission. With the necessity of ade- quately controling trailer parks well established, the Secretary was instructed to proceed with the filing.of the proper legal notices. 241. Page ;r7 T,linutes - H. B. Planning Commission Tuesday, October 6th, 1959 PROPOSED REPEAL OF THE FOLLO�=G •ARTICLES: 9293, 9293.1, 9293.2, 9293.3, 9293.312 9293.4 - HUITTINGTON BEACH ORDINANCE CODE. The Planning Director explained to the Commission that the above articles within the Huntington Beach Ordinance Code were those' which pro- vided for exceptions to the rule. As an example, a housing project within the R-2 Zone was given. The code actually only required a front setback of 15 feet, but because some adjoining home owner had setback for 32 feet of front setback, the applicant was required to setback 232 feet. The removal of these setback exceptions would removea.lot of problem cases where there is an extreme hardship to the applicant. The Plannin Director further pointed out that it was illogical and impractical to enforce provisions of the above stated articles. It was explained that it was next to impossible to go out and measure all adjoining property orcners land in order to enforce these provisions. Commission discussion followed • the proposal. Dr. Kaufman, Commissioner, pointed out that the articles were inserted at the time of adoption of the original Ordinance for good reasons then prevalent. However it was pointed out that the problems existing at the time of adoption have been adjusted and are no ,longer common. A poll of the Commission indi- cated that a majority were in favor of holding a public hearing to consider the proposal. A MOTION WAS TSADE BY SCHRYER AND SECONDED BY DAVIS TO SET THE PROPOSED REPEAL OF THE FOLLOWING ARTICLES: 9293, 9293.19 9293.29- 9293.37 9293.319 9293.4 - HUNTINGTON BEACH ORDINANCE CODE FOR PUBLIC —7— 212 Page #8 Minutes - H. B. Planning Commission Tuesday, October 6th,' 1959 HEARING ON NOVE1,1BER -3rd, 1959 ROLL CALL VOTE: AYES: Presson, Schryer, Davis, Stang, Kaufman, Chairman Bazil. NOES: None, ABSENT: None. THE MOTION CARRIED. RESIGNATION OF The Secretary announced COM1iTISSIONER SORK the resignation of Commissioner Gordon L. Sork prior to the commencement of regular business. Commissioner Sork's letter of resignation was read in which he stated his appreciation for the opportunity to serve on the Commission.' His resignation became necessary when he was.notified of his appointment to the City Council. A L1OTION WAS MADE BY PRESSON AND SECONDED BY STANG TO ACCEPT THE LETTER OF RESIGNATION AS FILED. THE 1,10TION CARRIED. Clifford E. Tripp Secretary THE MEETING ADJOURNED. 1.44 Robert.Bazil Chairman -8-