HomeMy WebLinkAbout1958-12-16MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
Council Chambers, City Hall
Huntington Beach, California
Tuesday, December 16th, 1958
Commissioners Present: Liles, Davis, Schryer, Bazil,
Stang, Presson, Bork.
'Commissioners Absent: None.
Minutes: On motion by Liles and seconded
by Stang, the Minutes of the
Huntington Beach Planning Commission of Tuesday, December
2nd, 1958, as transcribed and mailed by the Secretary were
accepted as mailed.
USE VARIANCE: UV 133 REFERRED BY CITY COUNCIL TO
Applicant - THE PLANNING COMMISSION FOR
George Burnett FURTHER STUDY
To allow the continuing use of
an auto salvage yard and expansion 150 feet northward,
also to allow continuing use of a house trailer for a
night watchman. Located approximately 500 feet north of
Talbert Avenue on the east side of Gothard Street; leg-
ally described as follows: The W 280 feet of the N 454
feet of the S 986 feet of the E -' of the BE J of Section
261, T. 5• S., R. 11. W., S. B. B. & M.
A report was read by the
Secretary. The hearing was opened to the audience, there
being no comment it was closed.
The discussion was opened for
Condition No. 2 which reads as follows: There shall be
no burning of refuse, scrap material or like substances
on the premises. The above condition has been a source
of controversy and was referred back to the Planning
Commission by the City Council for further review.
Chairman Bazil asked Consultant Lawrence Wise for his
opinion on the subject. Mr. Wise pointed.out to the
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I"iinutes - H. B. Planning Comn, ission
Tuesday, December 16th, 1958
Commission the difficulty of regulating a provision for
burning on a round the clock basis. He pointed out the fact
that it was best to prevent smog before it occurs rather than
to remedy the situation afterwards. He said both cases San
Francisco Bay Area and Los Angeles were 20 years too late in
their program of regulating the emission of atmospheric
garbage. He further declared that while other wrecking yards
may still burn, the city must draw the line at some point and
this seems to be the appropriate time.
With the majority -of the Commission
agreeing that an ounce of prevention was worth a pound of
cure, A MOTION WAS MADE BY LILES AND SECONDED BY STANG TO
RECOMMEND APPROVAL WITH PREVIOUS CONDITIONS:
1. TIME LIMIT
UV 133 shall expire four years from the date of approval.
2. BURNING
There shall be no burning of refuse, scrap material or
like substances on the premises.
3. FENCING
There shall be an 8 feet solid tight fence surrounding'
all areas approved for auto wrecking in this variance.
Said required fencing shall be constructed within 60
days of the granting of UV 133, unless adequate
arrangements with the building inspector are otherwise
provided for.
ROLL CALL VOTE:
AYES: Liles, Davis, Schryer, Bazil, Stang, Presson, Sork.
NOES: NONE.
ABSENT: NONE.
RIOT I ON CARRIED.
USE VARIANCE: UV 138 To allow a model home and business
Applicant - offices to be built in an A-1 General
Jantzen & Shinn Agricultural District located at the
SW corner of Aldrich Street and High-
way 39, in the City of Huntington Beach,
and legally described as the east 100 feet of Lots 34, 359
Tract 417.
The Secretary read the report - recommend-
ations. The hearing was opened to the audience for discussion.
Mrs. Effie Mae Niederhiser, 17211 Nichols
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Tuesday, December 16th, 1958
Street, Huntington.Beach, addressed the Commission and asked
that adequate parking be required.
Robert Shinn, applicant, addressed the
Commission and asked for further consideration to set the model
home in front of the setback line which is normally required.
He stated further that he did not object to the posting of
the bond, but that he.could not operate under the clause
which permits the City Council to move his model home upon
60 days written notice. The hearing was closed to the
audience.- Chairman Bazil asked the Commission for a recommend-
ation.
A POTION WAS MADE BY STANG AND
SECONDED BY PRESSON TO RECOM1v1END APPROVAL WITH THE FOLLOWING
CONDITIONS:
AMPLE PARKING SPACE
1. There shall be a paved parking space with 10 by 20 feet
stalls for 7 automobiles.
CURBS AND GUTTERS
2. The curbs and gutters shall be installed in accordance
to City and State Standards. The curb lines shall be
established in location required by"City or State, which
ever has jurisdiction of that portion of right-of-way.
There may be two curb breaks -of 25'feet along Highway 39,
and 80 feet along Aldrich Street adjoining the property,
unless otherwise approved by the City Engineer.
ROADWAY PARKING
3., The area between the paved highway or street fronting
the premises and the described curbs, shall be improved
to City Standards.
SIGNS
4. Any signs over 120 sq. feet in area shall be subject to
approval of the Planning Commission.
5. SET BACKS
The model home may be temporarily located within 20 feet
of the front property line provided a $1,500 bond is
posted with the City Clerk guaranteeing removal of the
model home upon the expiration of 3 years, or upon 60
days written notice from the City Council. The applicant
shall forfeit said bond and agree to allow the City to
move said structure should the applicant fail to comply
with this condition.
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I,Iinutes - H. B. Planning Comission
Tuesday, December 16th, 1958
6. FINAL APPROVAL BY THE BUILDING DEPARTMENT
The building inspector be authorized to give final
approval of building inspection, only upon compliance
with the above conditions.
7. MODEL HOME
Said model home shall not be used for dwelling
purposes.
ROLL CALL VOTE:
AYES: Liles, Davis, Schryer, Bazil, Stang, Presson, Sork.
NOES: NONE:
ABSENT: NONE.
THE MOTION CARRIED.
REiERRAL STUDY - The Secretary notified the Commission
VA2IA110E :
that the City Council has referred
the problem of Parking shortage for a Conditional Exception
granted to Orange County Ceramic Tile Manufacturing Co.
in October 1952. The study was scheduled by Chairman
Bazil to be reviewed at the January 6th, 1959, Commission
meeting.
HE2EH.UI, STUDY - The Secretary notified the Commission
FREEWAY:
that the City Council has referred
the problem of City Recommendations for a State proposed
freeway to parallel the north and south Highway 39.
Chairman Bazil scheduled the study for review at the
January 6th, 1959, Planning Commission meeting.
DIVISION OF LAND: Located approximately 1320 feet east
DV 116 -
Applicant - of Brookhurst Street on the south side
Jack L•IcConaha
of Garfield Avenue and legally de-
scribed as follows:
DIVISION I. NW of N-W of SEC 5-6-109 S.B.B. & M.,
EXCEPTING: 1. The S 200 feet
2. The Land parcel described in
DIVISION II.
DIVISION II. The W 200 feet of the N 200 feet of the
E 2 of the NW 4 of SEC 5-6-10, except the
N'ly 50 feet for roadway purposes.
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Tiiinutes - H. B. Planning Commission
Tuesday, December 16th, 1958
Chairman Bazil opened the sub-
ject for discussion by requesting the Commission to crack-
down on lot splits in similar fashion as the more pro-
gressive cities in the county. A discussion was held
by the Commission on merits of the argument -"should
an applicant for a lot split be required to at least
install curbs and gutters when a sub -divider is required
to install a multitude of improvements." Another point
of contention was introduced by the argument - "how will
these improvements eventually be installed, when it is
established that the city budget will never be able to
support the program."
Commissioner Sork expressed
the opinion that it might be better to float a bond
issue for each specific street and get all the curbs
and gutters installed in the affected area at the same
time. Other Commissioners agreed that the method could
be used as a last resort, but argued that the bonding
method would be more expensive to the individual property
owner and the most important feature of installing
improvements concurrent with the building construction
would not be accomplished. Another argument was given
that to require curbs and gutters on lot splits would
discourage those persons seeking to circumvent the
subdivision act. It was pointed out by Commissioner
Sork that this new proposed policy would require curbs
and gutters in individual cases with the resulting
patchwork of -scattered improvements.
While admitting there were
drawbacks under either method, the Commission in the
majority agreed that some sort of new policy was
necessary to protect the undeveloped areas; and that
since several other Orange County Cities have
successfully pursued this policy, the policy should be
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i.iinutes - H. B. Planning Commission
Tuesday, December 16th, 1958
introduced in this city.
A MOTION WAS MADE BY DAVIS AND
SECONDED BY LILES TO RECOMMEND APPROVAL WITH THE FOLLOWING
CONDITION:
CURBS AND GUTTERS
The installation of curbs and gutters
shall be assured by the posting of a �400.00 cash bond
with the city clerk on the basis of $2.00 per running
foot. The cash bond shall be redeemed if the applicant
constructs curbs and gutters along the frontage of his
lots according to city standards within the specified
period. The cash bond shall be forfeited and the City
Engineer shall order the required construction accomplished
at no additional expense 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.
ROLL CALL VOTE:
AYES: Liles, Davis, Schryer, Bazil, Presson, Stang, Sork.
NOES: NONE.
ABSENT: NONE,
THE MOTION CARRIED.
DIVISION OF LAND: Located at the SE corner of Garfield
DV 117 -
Applicant - and Delaware Street, and legally
Phillip Contreras
described as:
DIVISION I. The N 75.27 feet of the W 88.50 feet of
Lot 1, Fountain View Tract.
DIVISION II. The S 75 feet of N 150.27 feet of W 88.50
feet of Lot 1, LJountain View Tract.
A new policy having been established
in the previous Division of Land, A MOTION WAS MADE BY
SCHRYER AND SECONDED BY DAVIS TO RECOI'd,iEND APPROVAL WITH
THE FOLLOWING CONDITION:
CURBS AND GUTTERS
The installation of curbs and gutters
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Linutes - H. B. Planning Commission
Tuesday, December 16th, 1958
shall be assured by the posting of a $477.00 cash bond with
the city clerk on the basis of $2.00 per running foot. -
The cash bond shall be redeemed if the applicant constructs
curbs and gutters along the frontage of his lots according
to city standards within the specified period. The cash
bond shall be forfeited and the City Engineer shall order
the required construction accomplished at no additional
expense 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.
ROLL CALL VOTE:
AYES: Bazil, Sork, Presson, Davis, Liles, Schryer, Stang.
NOES: NONE.
ABSENT: NONE.
THE MOTION CARRIED.
DIVISION OF LAND: Located 90 feet Etly of Wilson Drive
DV 118 -
Applicant - on the N side of Washington Avenue,
Mrs. J. H. Bailey
and legally described as follows:
DIVISION I. Commencing at the NE corner of the IV 10
acres of the following: The S 1 of the
S 2 of the SE 4 of SEC 23, T. 5. S. R. 11 W.,
S. B. B. & 1J., running thence S 340 feet;
thence W parallel to the N line of said W 10
acres, 640 feet to the E line of the right
of way of the Southern Pacific Railway,
running thence N along the E line of the
Southern Pacific Railway, 340 feet;
thence E 640 feet to the point of beginning.
Excepting therefrom the following; That
portion of the W 10'acres of the S z of the
S of the SE 4 of SEC 23, T. 5. S. R. 11 W.,
S. B. B. & M., described as follows;
Beginning at a point 320 feet N of the SW
corner of the SE 4 of said SEC 23 running
thence N 100 feet; thence E 350 feet;
thence S 100 feet; thence W 350 feet to the
point of beginning.
EXCEPTING: there from the land parcels
described in DIV II and DIV III.
DIVISION II. W 60 feet of E 205 feet of S 100 feet of
N 340 feet of Sail � of SW 4 of SE 4 of SEC
23-5-11
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Tuesday, December 16th, 1958
DIVISION III. W 60 feet of E 145 feet of S 100 feet
of N 340 feet of SW ! of SW 4 of SE 4
of SEC 23-5-11.
A new policy having been established,
A MOTION WAS MADE BY PRESSON AND SECONDED BY SORK TO
RECO011END APPROVAL YVITH THE FOLLOWING CONDITION:
The installation of curbs and gutters
shall -be assured by the posting of a 240.00 cash bond
with the city clerk on the basis of $2.00 per running
foot. The cash bond shall be redeemed if the applicant
constructs curbs and gutters along the frontage of her
lots according to city standards within the specified
period. The cash bond shall be forfeited and the City
Engineer shall order the required construction accomplished
at no additional expense to the applicant, in the event
the curbs and gutters are not constructed within 120 days
after the City Engineer has officially notified the app-
licant of established grades and elevations.
ROLL CALL VOTE:
AYES: Bazil, Sork, Presson, Davis, Liles, Schryer, Stang.
NOES: NONE
ABSENT: NONE,
THE MOTION CARRIED.
r OlUJAL PP,ESE1 TATIO: OF -PROPOSED !,:ASTER ZONING AND
DISTKICTING itEGJi"TiOh.
C. E. Tripp, Planning Director, made a
brief report and presentation of all Sectional Districting
Maps comprising the entire city limits as established
in April 1958. It was noted that there are 34 Sectional
Districting Maps encompassing the present city limits.
Each Sectional Map represents a legal one mile square
section as laid out by U. S. Government Survey.
Lawrence Wise, representative Planning
Consultant, firm of HAHN, WISE, AND BARBER, participated
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minutes - H. B. Planning Commission
Tuesday, December 16th, 1958
in reviewing zoning problems as they were brought up.
C01=11UATION OF PUBLIC HEARING FOR PRECISE PLAN OF MASTER
ZONING AND DISTRICTING R;GULhTION.
Chairman Bazil announced that
the hour had arrived for the continuation of the public
hearing held on December 2nd, 1958. The hearing was held
open to the audience.
George Renner, 807 Frankfort
Street, Huntington Beach, addressed the Commission and
stated that he was the spokesman for the East Side pet-
ition of proerty owners whom are advocationg unlimited
oil drilling in this residential district. Renner noted
for the Commission's sake that he had approximately 754
persons signed on his petition with hopes for even more.
He stated that some (approximately 175) were counter -
signers both the petition for and against oil. Renner
further stated that he himself would not object to some
type of restrictive drilling as is currently in the City
of Los Angeles. He told the Commission that he and his
group would like to help the Commission formulate a new
type of oil restriction zone which would not eliminate
surface drilling.
Lawrence Frankly, representative
of Federal Oil Company, 8612 Wilshire Blvd., Beverly
Hills, addressed the Commission and requested a minor
change in setbacks against oil drilling in an area ad-
jacent to the intersection of Bushard and Brookhurst
Streets.
Chairman Bazil explained to the
Commission that the request had been made previously
and could be considered.
A motion was made by Stang and
seconded by Schryer recommending that the oil drilling
setback line along both Qides of Bushard Street be
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Tuesday, December 16th, 1958
reduced to 180 feet to the centerline and that the -set-
back line along Brookhurst be reduced to 200 feet to
'the centerline. The motion carried; the Secretary
was instructed to make the change.
Merle Tooker, 8161 Ellis Avenue,
Huntington Beach, addressed the Commission and stated
that he was speaking on behalf of himself and his three
neighbors. He requested that the land comprising
approximately 40 acres adjacent to the easterly city
limits on the north side of Ellis Avenue, be rezoned
from R-1 to RA until future developments occur.
The Commission stated that it had
no objection to leaving it as a holding zone.
A MOTION WAS MADE BY PRESSON
AND SECONDED BY LILES, to recommend the 40 acres of
R-1 under discussion be changed to RA Residential
Agricultural District. The motion carried. Bazil
abstained.' The Secretary was instructed to make the
change.
Tim Talbert, 219 Main Street,
Huntington Beach, addressed the Commission and stated
that he was representing Mrs. Beulah Kanawyer, 17211
Nichols Street, Huntington Beach, who had previously
submitted a letter requesting that the M-1 zoning or
the right to lease for minerals not be revised from the
classification it held prior to annexation. Mr. Talbert
requested the zoning classifications proposed for her
property. It was explained by the Secretary that the
property will be retained as YI-1 light manufacturing
similar to that which exists currently. It was pointed
out that the property owner who owns the mineral rights
invariably has the perogative of leasing whether it is
zoned to permit recovery or not. It was stated that the
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I.Tinutes - H. B. Planning Commission
Tuesday, December 16th, 1958
property is not currently zoned for oil, but it has been
proposed that the new 0-2 oil zone would be applicable
as soon as the bugs can be worked out and it is adopted.
Lyndon A. Wells, 101 Walnut
Avenue, Huntington Beach, addressed the Commission and
stated that he wanted unlimited zoning on the properties
described as follows: Alabama Avenue, Nashville Street,
Delaware Avenue, and Memphis Street. He submitted pet-
itions which he claimed were signed by 90�o of the
property owners in the desribed area. He re-emphasized
his demand particularly for unlimited oil drilling.
Chairman Bazil explained to
Wells that to classify the area as DI-2-0 would not
protect other surrounding owners who had homes nearby.
He further pointed out the recent advent of a paper
salvage yard and an oil reclaiming refinery --in an=-111-2-0
District nearby residential areas was an example of
what could be expected in this type of zone. Members
of the Commission stated that they would not object to
surface drilling provided that the operation was set
back sufficient distance from Memphis Avenue.
A motion was made by Stang and
seconded by Presson to recommend that all area described
as follows, except those portions within 100 feet of the
centerline of Memphis Street, be zoned R-3-0; Bounded
by Memphis Street, Alabama Avenue, Delaware Avenue, and
Nashville Street. The motion carried. The Secretary
was instructed to make the change.
Lyndon A. Wells, readdressed
the Commission and requested the area described as
follows: Ellis Avenue, Highway 39, Garfield Avenue, and
the Talbert Drainage be recommended for unlimited oil
zoning. Mr. Wells told the Commission that he, had taken it
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I;linutes - II. B. Planning Comi:iission
Tuesday, December 16th, 1958
upon himself to circulate a petition advocating un-
limited oil drilling in the above described area. He
indicated that he had 70o of the property owners in the
area signed. No other persons spoke in behalf or against
the petition. Chairman Bazil told Mr. Wells that the
new 0-2 proposed oil zoning would be soon applicable
for the area which now is not zoned for oil --the same as
was within -the county. No changes in recommended zoning
were made.
0. Rotherham, 200 W. Orange Grove
Avenue, Placentia, addressed the Commission and stated
that he was spokesman for Lawrence Kraemer who owns the
land described as follows: the area bounded by the ex-
tension of Detroit Street, Highway 39, Frankfort Street,
and Delaware Avenue. He asked that the Planning Commission
consider R-4 zoning to allow a proposed trailer park.
He also asked that the Commission consider the request
for oil zoning as a separate,issue.
The Commission declared that there
was no extreme difference between R-4 and R-3; that R-4
would allow for a trailer park where R-3 would not.
There being no contention from the audience, a motion
was made by Davis and seconded by Liles recommending that
the area bounded by Frankfort Street, Highway 397 Atlanta
Avenue, and Delaware Street be changed in regards to sur-
face use to R-4. The motion carried, and the Secretary
was instructed to make the change.
The Commission declared itself in
consideration of the disputed eastside oil petitioned
area. Chairman Bazil asked for a recommendation from
Planning Consultant Lawrence Wise. The Consultant advised
the Commission that it had three perogatives.
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Minutes - H. B. Planning Commission
Tuesday, December 16th, 1958
1. Pass the proposed zoning as it stands.
2. Pass the proposed ordinance with revise zoning in
the controversial area to allow the area to temp-
orarily remain zoned for surface drilling with the
reservation that the area shall remain under study
and may be subjected to proposed restrictive oil
zoning regulations at a later date.
3. Delay the proposed Zoning Ordinance ��i�h'the hope of institu
another type -of oi,1 zoning ordinance which would be applicable
to area.
The majority of the Commission
expressed their desire to make a decision on the proposed
zoning ordinance this meeting because of its urgency.
Members of the Commission also asked the Secretary to
put into the records the number of protestants to the
proposed removal of oil zoning from the eastside re-
sidential area.
The Secretary's records in-
dicated that there was a total of 752 persons who were
-pro-j�erty*,:ownsrs.. However there were approximately
175 persons who -signed the petition both for and against
removal of surface drilling.
The Commission unanamously
declared themselves in favor of recommending the basic
ordinance for adoption as soon as is feasible, with the
exception of the disputed ail petition area.
A long discussion was held on
the merits of the lst and 2nd alternatives. On motion
by Stang and seconded by Davis, the Planning Commission
entertained a move to place all the area bounded by
Memphis Street, Highway 39, Atlanta Avenue, and Pacific
Electric Railroad Right -of -Way within a surface oil
drilling zone designated as an -0 Combining District
to be combined with the presently proposed surface
zones. Said area would be proposed for the surface oil
drilling only as a temporary measure, with the reservation
that the area shall be held for further study and
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i,iinutes - H. B. Planning Commission
Tuesday, December 16th, 1958
arbitration to allow different type of oil restrictions
to be enacted which would not remove the right for
surface drilling. The motion carried, and the Secretary
was instructed to make the necessary changes.
Chairman Bazil asked the Commission
if they were prepared to act upon the proposed Precise
Plan of Zoning and Districting Regulation. The Commission
response was in the affirmative. The Secretary was
asked to read Resolution 57 - adopting and recommending
approval of the "Proposed Zoning Ordinance - City of
Huntington Beach."
A i�i0TIOId ',-US HADE BY SCHRYER AND
SECONDED BY LIL S TO ADOPT tRESOLUTION I10 57
ROLL CALL VOTE:
AYES: Bazil, Sork, Presson, Davis, Liles, Schryer, Stang.
NOES: NONE.
ABSENT: NONE.
THE MOTION CARRIED.
The Secretary was instructed to
transmit the foregoing action together with the appertinent
maps and information to the City Council for further findings.
Clifford E. Tripp
Secretary
The Meeting Adjourned.
Robert Bazil
Chairman
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