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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 8 3 Page 72 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 0 Page ;'3 :,iinutes - H. B. Planning Commission 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. 3. m Page iF-4 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. 4. Page #5 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 5-t M Page `6 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 6. 88 Page #7 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 ' 7. war Page T8 _linutes - H. B. Planning Commission 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 S. U.s Page #9 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 9. -10 Page ;r10 I:iinutes - H. B. Planning; Comli:iissU.On 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 10. Nl� Page 711 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 11. 93 Page 1=12 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. 12. am Page ;/--13 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 13. 95 Page 7r14 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 14.