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HomeMy WebLinkAbout1958-04-15MINUTES OF THE HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, City Hall Huntington Beach, California Tuesday, April 15th, 1958 Commissioners Present: Stang, Bazil, Davis, Liles, Presson, Schryer. Commissioners Absent: None. Minutes:. On motion by Schryer and seconded by Presson, the minutes of the Huntington Beach Planning Commission of Tuesday, April lst, 1958, as transcribed and mailed by the Secretary, were accepted as -mailed. Conditional Exception AV 113 The petition requests a variance to yard Applicant - Dr. Bernard Mason: regulations of.the R-1 Zoning District by permitting the construction of an eight foot high decorative screen panel in the side yard located 2 feet from the property line and to be 20 feet in length. Located at the NW corner of 12th and Main Street and legally described as Lots 8, 9, 10 Block 812, Huntington Beach Tract. There being no problems involved, the Secretary did not submit a report. The Chairman opened the hearing to the audience. R. C. Schweitzer, asked the Secretary to which address his notice was sent. The Secretary reported that the latest tax assessor's roll had his address listed as 8001 Moody, Rte. 1, Buena Park. Schweitzer had no further comment. The hearing was closed. Following a discussion, it was determined that the applicant had un- usual and extra -ordinary hardship reasons for requesting the variance. A motion was made by Schryer and seconded by Stang to recommend approval. The motion carried. Area Variance AV 114 The petition requests a variance to C-1 Zoning Applicant - Theo. J. Bose: District regulations of the Orange County Land Use Ord. 351 as adopted by Interim Ord. 668. Permission is requested for the installation of -t e 35 sq. ft. double faced neon sigrz within front yard area of C-1 District. Located at the NW corner of Newman and H. B. Blvd. and legally described as south 140 feet of Lot 19, Tract 411. The Secretary did not submit a report. Therhearing was opened to the audience, there being no comment it was closed. During the discussion it was brought out that the strip of land involved in the variance wqs recently purchased Page 2 back from former state right-of-way acquisitions. It was deemed that there was no problem involved and to allow the signs to:encroach within reasonable distance from the highway was standard procedure. A -motion was made by Davis and seconded by Liles to RECOMMEND APPROVAL. The motion carried. Conditional Permit: CP 104 This i pgtition requests a -conditional -permit under Applicant - Al Gonzales: provision of Orange County 1-knd.Use Ord. 351 as adopted by Interim Ord. 668. Located at north side of Talor Ave. midway between Edwards and Golden West St. Legally described as the WZ of E2 of SW of NE4 of NE-1 4 of Sec. 34, T-S-S, R-11-W, SBB&M. To permit sand and gravel excavation in an A-1 Zoning District; to include the removal of sand and to process the same by drying and screening. Equipment to consist of rotary kiln, dryer, screens and hoppers for storage of send. The Secretary was asked to read the report and recommendations. The Chairman opened the hearing to the audience, there being no comment, the hearing was closed. Discussion was heard.on the feasibility of enforcing a performance bond clause to begin after excavation reaches a specified elevation. It was agreed that the enforcement of the performance -bond clause -was not practical and should be excluded from the motion for approval. 1 A motion was made by Stang and seconded by Presson to -RECOMMEND APPROVAL WITH THE FOLLOWING CONDITIONS: ULTIMATE EXCAVATION 1. No portion of the exterior line of excavation shall be less than the following: 50 feet from the north property line 50 feet from the south property line 50 feet from the east property line no limitation on the property line adjacent to existing excavation pit. SLOPE 2. All portions of the exterior -line of excavation shall be a finish slope of existing undisturbed material reposing at a gradient not steeper than 12 foot rise in 1 foot horizontal measurement. FENCING . 3. A fence shall be erected enclosing the entire permit area including all buildings, structures, yards, parking areas, reservoirs or other uses incidental to the operations thereon in accordance with the following minimum specifications: Page 3. (A) Said fence shall be a five strand five foot post and barbed wire fence. (B) Fence gates shall be required at all vehicular and pedestrian points of ingress and egress. Fence gates shall also be 5 feet high and shall have 5 strands of barbed wire. (C) Said fence shall be gquipped with locks and shall be locked at all times when not in regular use. MAXIMUM DEPTH 4. The maximum depth of the permitted excavation shall not be lower than the - ground level existing at the NE-1 4 W4 of Nof Sec 34, T5_S, R-11�W. TIME LIMITATION 5. CP 104 shall expire within seven years from the date of approval. The motion carried. Discussion - Amended Variance Clause: A discussion was held bythe members of the Commission concerning. the control of variance once they have been acted upon by the Commission and transmitted -to the City Council. The City Attorney was commended by the Commission for taking a strong stand in making the ruling: That any variance which is substantially changed regarding size, shape, or location of building or proposed use, from that which was submitted in the original variance applicantion, must be resubmitted to the Planning Commission in the form of an amended variance. It was pointed out by the Secretary that to make substantial changes after the Planning Commission had ruled on the matter, was to circumvent the law, ,which requires a public hearing on all variance matters. It was suggested by the City Attorney that an amended Variance Clause could be written into the new proposed zoning ordinance which would eliminate any complaint of arbitrary rulings. The Amended Variance Clause would,serve to avoid possible resulting law suits and thus protect the City Council, applicant, and surrounding property owners. The Commission expressed their intention of incorporating such a clause in the new zoning regulation. Discussion - O.C. Ord. 916: The Secretary introduced copies of Orange County Ordinance 916, it being an amendment to Land Use Ordinance 351. He ex- plained to the Commission that the Ordinance was an instrument for accomplishing ` the purpose of the Master Plan of Streets and Highways and has been used quite P ru\ it 5 successfully by the County since March, 1957• The Ordinance means of removing an arbitrary policy of requiring street dedication and improvements for all new industrial and commercial uses operating along Master Plan designat$d Highway Page 4. frontage. It was suggested that if this type of plan was never enacted, the highway master plan would fall by the wayside because of the prohibitive cost of removing encroaching structures after they are constructed. The Secretary also stated that the Ordinance had not yet been challenged in any important court action, even though many of the larger companies who protested were forced to abide by it. The Commission expressed their intentions of studying the possibility for such an ordinance. Mans Issued, The -latest version of the city base map was issued to all Commissioners. Stop Sicn Request: A motion was made by Stang and seconded by Schryer to recommend that a stop sign be posted at the SW corner of Golden West and Taylor Ave. (a private street) and that the Secretary be instructed to contact the proper city officials in this regard. ; The motion carried. The meeting adjourned. Bob Bazil Chairman , Clifford E. Tripp Secretary 1