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HomeMy WebLinkAbout1958-06-1712 MINUTES OF THE HUNTINGTON BEACH PLANNING COT ISSION Tuesday, June 17th, 1958 Commissioners Present: Council Chambers, City Hall Huntington Beach, California Liles, Davis, Schryer, Bazil, Stang, Presson, Sork. Commissioners Absent: None. Minutes: On motion by Schryer and seconded by Liles, the minutes of the Huntington Beach Planning Commission of Tuesday, June 3rd, 1958, as transcribed and mailed by the Secretary were accepted as mailed. USE VARIANCE: UV 121 - Applicant The petition requests permission to General Petroleum Corporation Ag,ent --John Havins: reconstruct a service station and to allow the usual accessory uses, in variance to County Ord. 351 as adopted by Ord. No. 668. Located at the SW corner of Smeltzer Avenue and Highway 39, and legally described as Lots 1, 2, 3, and the northerly 25 feet of Lot 4, Tract 417. The report -recommendations were read by the Secretary prior to opening the public hearing. There being no response from the audience, the Chairman closed the hearing, and opened the discussion for the Commission. The Secretary was questioned regarding the location of the off ramp proposed for the San Diego Freeway. It was explained that the station would be sit- uated at the termination of the ramp, being separated by a couple of hundred feet. Liles then raised the question of requiring the concrete block walls and whether it was ethical and necessary. It was pointed out that the sta- tion is considered an outdoor display use, and as such it would be required to have the wall if a use permit were given under the new zoning. It was pointed out that a used car lot nearby was recently required to build a similar wall, and that it was added protection for the adjacent residential dwellings. The zoning at the present time is A-1, it is being proposed for C-1. Upon being questioned, the Secretary pointed out that the garage repair use would be eliminated by the granting of this variance. 13 Page 2. Minutes - H. B. Planning Co„mission Tuesday, June 17th, 1958 A MOTION WAS MADE BY LILES AND SECONDED BY DAVIS TO REC%Z1END APPROVAL WITH THE FOLLOW^= CONDITIONS: DEDICATION AND IMPROVEMENT OF R/W 1. The applicant shall dedicate and improve, with paving and curb, or ramp and gutter, as is indicated in applicant's submitted plot plan, to the specifications of the City Engineer. The dedication shall be the southerly 48 feet from the centerline of Smeltzer Avenue and shall be the length of Lot 1, Tract 417. HIGHWAY IMPROVEMENTS 2. The applicant shall improve all frontage on Highway 39 with paving, ramps or curbs and gutters, to the specifications of the State Division of Highways and/or the City Engineer as is indicated on the submitted.plot plan. CONCRETE BLACK WALL 3. The applicant shall install a concrete block wall 5 feet in height along the west and south property lines except that portion of the wall within 20 feet of either street right-of-way line which shall be four feet in height. LIMITATIONS 4. There shall be no major auto repairs permitted under this variance, nor shall there be any uses other than the usual accessory uses normal for a service station operation. Roll Call Vote: AYES: Liles, Davis, Schryer, Bazil, Stang, Presson, Sork. NOES: None. ABSENT: None. CONDITIONAL PER1,'=: CP 105 Applicant - Lawrence Kraemer dba: Prices Peat & Humus Co.: The petition request permission to allow excavation of earth materials and the final use as a private or public dump for inert materials. Lo- cated at the NE corner of Talbert Avenue and Golden West Street, and legally described as the west 30 acres of the south half of the southwest quarter of Sec. 26, T.5.S., R.11.W., S B B & M. The report -recommendations were read by the Secretary prior to opening the public hearing. 0. Ratherham, 200 Orangegrove, Placentia, California, agent for the applicant, addressed the Commission and explained what the in- tended operations would be, and that it was the applicant's intention to remove the peat soil and other earth materials for highway construction 14 Page 3. Minutes - H. B. Planning Commission Tuesday, June 17th, 1958 prior to beginning a refill dump program. He explained that the land is useless as it is - with the peat soil and existing ravine. He stated that he had no idea of what type of fill would eventually be used; giving an example that if a large amount of tree trunks could be obtained, it would be acceptable. 0. L. (Oscar) Stricklin, 17292 Golden West Street, Huntington Beach, addressed the Commission and stated that he wished to protest the operations as a dump site. Although not representing his neigh- bors, he said that he and his neighbors have been constantly fighting a losing battle to keep the area cleared up. He elaborated by describing the problem of having residents drive by with trailer loads of uncovered trash which was being well dispensed prior to arrival at the -dump.. He said that he believed that the present public dump would be filled in 3 to 5 years and then this would continue to carry the same burdens of pub- lic litterbugs. 0. Rotherham told the Commission that the applicant has in the past always been civic minded and is going to take reasonable precautions. However he felt that the protest was for a problem foreign to the subject at hand. He also stated that he had been informed that the present cou- nty dump would continue in operation for another 20 years, because Garden Grove was receiving most of the trash. The Secretary stated to the Chairman that he had talked to Murray Storm, Disposal Dump Representative for Orange County Roads Department and that Murray's personal opinion was that it would take at least 15 to 20 years to fill the present County dump site, on account of the speeded up program for the Garden Grove dump site. W. L. Weybright, Hahn, Wise and Barber, Planning Consultant Representative, suggested that better police enforcement as suggested by the Chairman could be recommended by sending along a separate letter of transmittal to the City Council which requests that all trash trucks and trailers be forced to comply with regulations governing the proper covering. 15 Page 4. :Minutes - H. B. Planning Commission Tuesday, June 17th, 1958 Mrs. Gladys Woods, 7451 Wintersburg Avenue, Huntington Beach, addressed the Commission and commented that she was in sympathy with Mr. Stricklin's problem because she had experienced similar problems adjoining her property. The hearing was closed. A discussion followed at which time it was the consensus of opinion of the Commission that it was not justi- fied to hold the applicant responsible for actions of other residents. The problem of a sinking roadbed along Golden West Avenue near to the Southern California Water Co. well was brought up by Both Stang and Sork. Sork stated that it was his belief that prior peat excavations have con- tributed to the sinking roadbed problem. It was explained however that the Commission does not presently have within its jurisdiction the power to control the removal of the peat soil from the private property, be- cause, it was pointed out, that the peat removal excavations are done as a legal non -conforming use. It wqs further argued that eventually the added fill would help to remedy the problem, especially with the con- dition which allows the applicant to fill on the street right-of-way with the approval of the City Engineer. Also the argument offered was that the condition limiting the excavations (including peat) to a dis- tance of 50 feet from the right-of-way property line would be a partial solution, there being no such condition currently in effect. A MOTION WAS MADE BY SCHRYER AND SECONDED BY DAVIS TO RECO?IEND APPROVAL WITH THE FOLLO.,UG CONDITIONS: And that a separate letter of transmittal be sent to the City Council recommending enactment of a traffic Ordinance or enforcement of existing ordinances which governs the covering required for trash hauling vehicles: ULTIMATE EXCAVATION 1. No portion of the ultimate exterior lire of excavation shall be less than 50 feet from any property lire. 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'll foot rise in 1 foot horizontal measurement. 16 Page 5. Minutes - H. B. Planning Commission Tuesday, June 17th, 1958 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: (A) Said fence shall be -a minimum of four strand, 9 inches apart on five foot posts 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 gates shall be equipped with locks and shall be kept locked at all times when not in regular use. DEPTH OF EXCAVATION 4. Said nermissible excavation shall not have a depth exceeding that level established on USGS maps as mean sea level. REFILL TO GROUND LEVEL 5. Upon completion of requested excavation, the excavation may be re- filled with inert materials to ground level not to exceed the high- est point of the surrounding land. The --permissible inert materials may include trash, rubble, and earth, or other solids, provided the top 18 inches shall be top soil. TIME LIMITATION 6. CP 105 shall expire within seven years from the date of approval. REFILL ON R/W 7. This permit shall allow the refill of certain portions of Talbert and Golden West with appropriate inert materials where the R/W adjoins the applicant's property and forms a deep crevice, provided that approval of the City Engineer is granted. Roll Call Vote: AYES: Liles, Davis, Schryer, Bazil, Stang, Presson, Sork. NOES: None. ABSENT: None. The motion carried. Presentation Districting Ordinance Chairman Bazil asked for the By: W. L. Wevbright, Consult. Repr. presentation of the proposed Zoning and Districting Regulation by W. L. Weybright, Planning Consult- ant representative. Weybright reviewed the entire zoning regulation, elaborating on several new proposed zones, such as Oil Field District, Planned Manufacturing, etc. 17 Page 6. Minutes - H. B. Planning Commission Tuesday, June 17th, 1958 Public Hearing - Zoning & Districting Regulation including Mans 23-5-11, 24-5-11, and 36-5-11: Chairman Bazil announced that the time was at hand to hold a public' -hearing on the precise plan for Zoning and Districting Regulation, which includes maps 23-5-11, 24-5-11 and 36-5-11 as part of the original ordinance. There being no public comment on the zoning regulations, the Chairman asked the audience to confine their opinions to the Sectional Districting Map under consideration. MAP 36-5-11: Joseph Apple, 8071 Ellis Avenue, addressed the Commission and made queries as to the extent of R-2 zoning regulation. He further asked to come up front in order that he could specifically locate his property. He had no further comment. Alfred F. Corbin, 2656 Sand Avenue, Downey, addressed the Commission and asked what he could do with his 50 x 300 ft. lot if it was not Commercial. He declared that the rear portion -would be wasted. Weybright asked Corbin what he could do with the rear portion if it were Commercial. No answer was given. John Fern, 10201 Catlin Avenue, Garden Grove, addressed the Commission and explained that he had recently purchased a real estate office along the Highway north of the Huntington Crest Tract. He stated that he had bought it for Commercial use and that it would be unfair to zone it anything else. The Secretary pointed out to the Chairman that it was never zoned Commercial in the first place, that it only had a variance for a real estate office. Weybright explained to the protestor that it was not a concern of the Commission, if the property was mis- represented when he bought it. W. C. Melick, 17182 H. B. Blvd.,-H. B., addressed the Commission and advised them he was the real estate man that had sold the property previously under consideration. He argued that it should be zoned commercially, and that all frontage up and down Highway 39 should be zoned commercially. He said that he did not have enough Commercial to sell. Weybright advised Melick that good zoning was not necessarily designed to suit the pocketbook of a real estate salesman. Page 7. ` Minutes - H. B. Planning Commission Tuesday, June 17th, 1958 MAP 24-5-11: Phylis Traylor, 8426 Heil, addressed the Commission and stated that she was in accord with the R-1 proposed, however she asked that one property line be straightened out which would include more area in R-l. Weybright commented that the request was quite logical and the change was made as requested. Jake Stewart, 8031 Wintersburg Avenue, addressed the Commission and asked if the C-1 would include service stations under a,iuse permit. He received an affirmative reply. He had no protest to make. J. H. Sturgeon, Texaco Oil representative, 3350 Wilshire, Los Angeles, Calif., addressed the Commission and stated that he was w worried about being able to operate several leases they had signed for the northern annexation area. He also stated that he felt that the city's zoning was too rapid, and without notice. It was pointed out to him that the City has spent more than one year making preparations for the rezoning program. Weybright also explained that at the -present time there is no oil drilling permitted without a variance in the locations which Sturgeon described. He further explained that drilling would be permitted in the new zoning law but under heavy restrictions which were apropo to the zoning district. 11AP 23-5-11: W. C. Guilliams, NW corner of Highway 39 and Stark, addressed the Commission and stated that he was entirely in accord with the zoning proposed, and wished to know if he could build multiple units in the C-1 district. The reply was affirmative. Mrs. Howard Swantz, 13212 Illinois Street, Westminster, addressed the Commission and explained that she owned Lots 18, 19, 20, Tract 179, in the Town of Wintersburg north of Wintersburg Avenue and abutting the railroad tracks. She argued that the tract should be zoned Y-1 instead of R-3 multiple units, because the blacksmith shop was on the corner ruining it for residential. Gladys Woods, 7451 Wintersburg, addressed the Commission%and argued for M-1 in tract 179. She said she had lived there many years, and proceeded to tell of the tertible drawbacks. } Page S. Minutes _ H. B. Planning Commission Tuesday, June 17th, 1958 RK W. C. Mellick, addressed the Commission again and protested that he was going to sell the Lots of Mrs. Swantz for M-1 and that the zoning killed his sale. He continued by arguing and protesting violently. The Chairman asked for the floor. Failing to relinquish the floor, Melick was ordered to leave the Commission chambers immediately. Harry.Lepson, resident in Tract 179, addressed the Commission and explained that he was not trying to interfere with good zoning, but that for a practical matter, the area had no value for anything other than industrial. John Ables, 13471 Edwards, Westminster, addressed the Commission and said that he was the prospective buyer of the 3 lots in Tract 179 and wanted to know the chances for keening the area M_l. 4Jeybright offered a suggestion that those protestors who insist the area suitable for M-1 only, approach the entire tract and get a petition si?ned to indicate that a majority want M_1 zoning. Then he stated that he felt sure that the Commission would go along with M_1, the majority requesting it. Alfred Corbin, Downey, addressed the Commission and argued that.the entire frontage along Highway 39 should be business. His logic was rebuffed by Weybright. Chairman Bazil announced that the Commission would make no changes on the three Sectional Districting Maps heard this evening other than the changes previously indicated. ClifI'iqE. Tripe Secretary Bob Bazi Chairman