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HomeMy WebLinkAboutConditional Exceptions - 1968 - 68-56, 68-53, 68-49, 68-46, rri M F MEMORA N D UrM r r TO : N. JOHN GREEN, Mayon w. A FROM: PAUL C. JONES , City Clerk f DATE: April 229 1969 SUBJECT : CONDITIONAL EXCEPTION NO. 68-56 APPEAL The City Council at their meeting on April 21 took excep. � tion to they fact that both interested parties its this matter ie . Villa Pacific Association and the Colwell Company, had not been notified that this matter was to UU be considered by the City Council . I would like to inform your that the public hearing on this matter had been hek-(" , and was closed can January 20, 1909, and a determination by the Council -was deferred until this greeting . I believe I am correct in my assumf tion that: the matter, at this point, does not call for further discussion by interested parries in the audience , Also that notification is sent as :-equired by state yaw and t w Huntington Beech ordinance Code, and no such requiremonrt was involved in Ohio matter. ` It lies entirely with the Count.-il as to whethor they went to haar further diacueri►m from outside interested �> partiail., r ' ,r f h, � , r )7 `/'may f✓ City of Huntingtcn Beach Civit Canter 10" r.�a��.. . , z duntington Beach, California 0 Res Appeal of Robert Wilder to Denial of Condition&; Exception No. 92 Gen t l r�auea�: r�. 4(�� Applicant, Robert Wilder, respectfully appeals to the City i Council of the City of Huntington Beach from the action of . the Planning Commission denying conditional exception No. 3•� 6853 Petitioner has applied for a conditionaal exception to allow the use of the property at 210 Coast Highway, Huntington Beach, California, for the coustructiou an4 operation of a recreational ali.de. The applicant has indicated that he is willing to accept a conditional exception limited in time to an initial period of just three years, renewable thereafter in incxesmats of cane year each at the discretion of the City Plaming Comin sion or City Council. The applicant has clso Indicated his continuing willingness to abide by any and all conditions which away be reposed on the recommendation of the various city departments for the safety of conbtruction and operation of the improvements on the property and for the installation of any acraening or esthetic characteristics which may be desired by the Planning Commission or City Council. Petitioner has filed plans, profiles, elevations for the proposed improvements. Petitioner bases his appeal on the fall wino Iroundst 1. There are exceptional circumstancre applicable to the intended use of tho proposed property in that the subject prvVerty is lncated in a C-3 zone which is the city's heaviest commercial xoae allowing in it substantially all the uses pezuitted 3n %ones C-1, C-2 and C-4. However, Lecause the proposed use is a relatively modern innovation it was not as Ucipated in the drafting of the zoning ordimto and there- fair& %mt Iveluded in the Cw3 axone even though all other comp arablA user such as theartrs, dance balls, auditorium, peon halls bowling alloys. bars cafes and restaurants are permitted .' Was, within the said Cr3 district. The proposed use is a lawful J, �� +ww i t 1 City of rlun%AnSton Eeach Wage Two. =4 moral une and is not prohibUed by any attte law and therefore should, by its nature, bu allowed within the C-3 district of the city. 2* h1thou►gh a showing of luirdship is not a required element in are application for a condition exception as it is ia an applieatiun for a variance there would be.:* substantial havdsaip imposed upon this applicant were this appeal art gramtad. The cost of the property to the applicant and the taxes imposed upon the property are such as to impose a high cost upou the carrying of the property in a unproductiva state. However the surrounding area being occupied with operating cil wells, oil storage tanks and alder sub-standard buildings oaken it econood.cally unfeasible to develop the property immediately to Its ultimate highest and best use. The anticipated removal I' of these current detriventa to the neighborhood and the { results of the anticipated econoule study will undoubtedly make the property developabla to a higher sad better use in the future havvver it is Necessary that the applicant be allowed an Interim productive use of the property in order to maintain his equity in it and thereby avoid a forfeiture. T:Aus it is necessary to preserve the applicant's property rights to allow this proposed interim use which will be renewable after three years only at the discretion and by the leave of the Planning Carasission or City Council of the City of Huntington Beach. In the event that the use is -tot rmttewed the applicant shall at his owe: expenses, and within thirty days, of the notice of uom-renewal, remove the proposed slide structure from the property. The granting of this Appeal and tha conditional ' exception herein applied for will not: be detrimental to the public health, safety or welfare, nor will it be injurious to the •urrosndia* land and property in the n9ighborbood of the subjbct property in that the proposed structure will be con- structed in accord&nc* with the best currently accepted stand- aW* of engineering and design and will be of far better k' ematn ction sad appear&=* than all presently surrounding strwtures and aU production equipasut. Furthermore-, the i 4 .... V City of Huntington Teach Page Three. f I oubjett property will be decoratively and .sttractively screoamd frow surrounding view by a new propomed s tructure to be constructed imwdiately to the north of the slide structure, on rho subject property, and will be screened fun view from the highasy en the sooth by an existing two story wood firm building. The applicant is vlllii,g and able to carry out the purposes for which the conditi Aal exception is sought. The applicant has alraod•; cooplatad the construction of the c mponerit parts of the proposed slide. The applicant is therefor atbaa to proceed with the construction Imsedialtely upon receipt of pora.'S.,ssion from the City Council and will pursue eourtruction to completion iithout delay. The applicant will furnish any additional infonwtion which nay be repw-ated by the Council in connection With this appeal and will be available for questioning at the titea the Moving. Resp.:ctfull.y submitted, /r e ROBERT WILDER y„ _ �. Y r: I .r�r ,y r i 1 r/,,r�yr�c�, curl O Eves (a � ' 7) ,a 4 I � ' t: �e44' '4 C. i r f . City of Huntington peach Civilk :enter Huntington Beach, Ca:ifornia tot Appeal of Robert Vilder to Dermal of Conditional # Exception No. Gen tlesieu: Applicant, Robert milder„ respectfully appeals to the City Council of the City of Huntington Basch from the action of f the PlavulaS Comeission dony!ag condiLtonal oxception No. 6833 retitioner has applied for a conditional exception to allow the use of the property at 210 Coast Highway, Huntington Beach, California, for the construction and oparrrion of a recreational Blida. The applicant has indicated that he is willing to accept a conditional exception limited In time to an initial period of :'itst three years, renewable thereafter in increnaants of one yea each at the discretion of the City Flaming Coewission or City Council. The applicant nag also f, 2.1 indicated his continuing willingness to abide by any and all (JI c, f conditions which may be Liposed on the recuamaendation of tine U) f various .-xty depsrtments for the safety of construction, end C" operation of the improvemeuts on the properLj and for thy+ installation of any screening or esthatic characteristics � _•r�: which may be desired by the ?Manning Commission or City CM C,ounril. ;, piatitioner hat filed plans, profiles, elevation; for the proposed isprova"nts. gotitiouet bases his sppoal on the following grounds: 1. There are exceptioaal circumstances applicable to the intended use of the proposed property In that the subject property is located in a C-3 zone which is the city 's heaviest towr ercial zone allewiuS in it substantially all the uses peimaitted in tones_ C-1, C-2 and C-4. However, because the • proposed use is a ielJatively modern innovation it was not anticipated is the drafting of the zoning ordinance and there- fore not included in the C-•3 zone avan though all other coup- arable uJass such as theaters, ounce halls, auditoriums, pool halls, bowling alleys, bars, cafes and restaurants ara permitted ` uses within the said C-3 distrim, The propgsed use is a lawful 1 J ' � 4 R . � J tt , 1 I City of Huotiugtolt beach Page Two, fono moral use and is not prohibited by any state lAv and therefore ahould, by its nature, be all av►ed within 'the C-3 district of the 4ity. 2. Although a showing of hardship is not a required eloeeat in au application for a condition exception as it is In ant application for a varinnea there would br ,a substantial ; hardship imposed upoa this applicant were this appeal not granted. The cost of the property to the applicant and the taxes Imposod upon the property are such as to impoae a high cost upon the carrying of the property in a unprodv.ctive sta,t-i. H*Vavar the surrounding area being occupied With operating oil wells, oil storage tanks and older sub-standard buildings makes 'it economically unfeasible to develop the propsrt�-/ immediately to its ultimate highest and beat use. Zia anticipated removal of those current detriments to the neighborhood and the results of the anticipated economic study will undoubtedly a.ako the property developable to a higher and better use in the • future however it in necessary that the applicant be allowed an interim productive use of the property is order to ►oaintaln his equity in it and thereby avoid a forfeiture. Thus it is + necessary to preserve the applicant's property rights to allow t'4is proposed interim use v►hich will be renewable after three yaare only. at the discretion and by the leave of the Planning Cosmistion or City Council of the City of Hurtxingtou Beach. In the event chat the use is not runewad the applicant ahal1 at Us own expenses, .ind within thirty days, of the not:!co of non--•renewals remove the proposed alide structures from the ,I property" ' The gL•anting of this appeal and the conditional exceptioa herein appllad for will not be detrimental tm OP tha public -heclti:, safety or. welfare,, unr will it he injurious to i the surrounding land and property in the aeighborhood of the . subject prop..rtiy in that the proposed structure gill be coa- struatec, in acuordence� with the nest currently will stand-ards of sagiwewring and derip and will be of far better constiwtion and appearance than all presently surrounding structur" w d oil i.xoduction equipmont. Furthatmors, the + I i b r� a City of NuAtin:ton Reach r#4d Three. subject- property will, be decarazively and attractively scveunt !roe surrounding view by a now proposed structure to be conatructed immediately to tha north of the slide structure, on this subject property, and will be screened from view fro* the highway on the south by an existing two story wood from building, i The. applicant ii willing and able to carrj, out the purposes for which the conditional exception is sought. Me applicant i -has already oomplated the construction of the component parts of tho proposed slide. The applicant is therefor able to proceed with the construction immediately upon receipt of pe diasion from the City Couucil and will pursue coratrsction to completion d►ithout delay. The applicant will furnish any additional information which way be roqueated by the Council in connection with thin appeal and will be available for questioning at the circa of the bearing. Aeapectfully submitted, ROBERT WITMER i I • J j r 1 5 It December 20 , 1468 Mr. , Robert B. wilder 915 West 18th Street Costa 14rsa , California 92627 'Dear Str : i We are: returning herewith your check Wo . 3513 in the amount of $75 filed with the City Clerk E with an appeal to a denial. by the Huntington Beach Planning Crnr asion of Gonditional Exception Since the appeal was not received by 5 P.M. on November J.6, 1969, we were enable to accept the sAme. The p;oviaLons of the Huntington Beseb ordinance Code pr,)vi.de a tern day appeal. period w said appeal period ends at the close of business on the last lay of such period . Sincerely yovrs , Paul C. ,ones City Clark PCJ I Pa Enclosure ,e i. r r I .y OFFICE MEMORANDUM To !'lose P. lonfa, City Attorney Date Jamtery 3, 1969 Fim Paul C. Jvnss, City Clerk In ?A Appsal of Robert s. !der Costa mesa A telephone call was received frce lax. Wilder at approa~i■ataly 4 s Z5 P.M. on yriday, January 3! 1969 requaating information on proeedurs in pp aearlaS before the City 6ancf l under oral c xnications. 01 2U* Luf nistion is passed on to you go- wou my be prepared for �b presentation when Hr. Wilder rddrsaiies the Council. Copiers of the letter of appeal and sy return to him inform, him that such "Pool was not accepted bftsuxa ft was late, and return ns leis check in the Swunt of $150000 are on file in ■ office. If you wish to see sa■s to refresh your memory, contact Alic�a Venrororth. 4 . 'A . 4 1, y I I -1 THOPM J.0'iEEFF DEC 3 1988 C, ^"OON[r AT L/1W 7� 4)o C{ iUll'd A.tl •'� A �itt� D1pA15 NORTH DNOADWAY SANTA AMA,CALIFO1Rp1A 08700 Td►IiINOMi ftcewber 3 1968 far. VOR seafa Cat' Attsarrr�a� City of smati"tom &sch 4iv'ie Garter bmttaStaa ioaelr. Califovuis let 2abort Ruder Zosdag Door Nr. Doofai I mostly opt to T" ropesdiva the tima1las" of the mmMah. •ppool fi,'eC by Mr. Robert Vi.lder after 3 200 PA. � • o* tba 14th dayr of ter the aial action Of tb* !'La+aoita Umodaeicuo *t is air vu4srstasdift tkat Ton on 00ir etedyIng do question of the tialisaus of that filiah for do pmepose of e&1vLap the City Clark. rr.-- follow-- In athaTity ekwald be of aaairtance to yor Ya :hjLs • iea�►�ed. • I ► Vwwwwh Um dieeLescA no cases bearing OR pi tat in I' . ,autooaia deali ve with wwiu,6 appeals to a CLO.1 amucu o SMAmer„ Seri in saearal "mm vUch kne bees cited a iig tks t!aha of film *10, 0 Sw dummom . em tal torts, TM dactalms As this 1"a r'i hh,606 hail tilt *Wwtmtial compliaua m with the tl,atiae pia to oatiafeetosy. flws to '!'a 61 C. U 6�, 59 t GMEOMS Supemat bs6 that *MU taw plalstiff sh"m filed, dw SAP" mt,� i 1 an vuh tm aleirk `'so " Sew� of rrllaare, a flit" mtlk tia enttcalllows OEM* Frith • aw to dw SAM& ow woewntone SwUrxy, 9 V . a dais by rWat d mUe *6 tlMr Gotta further uphoU on oeotaatial eet►Uaftt attar the •tae+ata a mlluw of tm a"" to the pj*wtorat of %tar am f "ie Lek vas rooiv- a4 by a V" aift An tnMsisrr" to dw ch-me cleft of fte 41rfa102 who fr arrar—il d it to the Deputy City INFORMATION ONLY y CQPIE3 TO c; UNCJ ' doom Mr. Dom !Maas City Attarsey City of duatiaptom tea h December 3. 1964 Pap Two. I ♦tterlwy is charge of eater Matters and the latter seat it to dW ketd of Water Cairitsatoaars a&iaist its rejection. In th,W C"ev since the oral action of the PlaraLzig Coerinsioa MS 90AW Mt atppardrai=C*1y 8:00 o'Clark oar !lee rerer:iat Of Mowrar 0t 5th the appeal to question vat !'sled lose ties► ten !tall days after that oral rntion of the tin CousLo rl,ar, It is or se4or6taiipd thot the appeal vat gives to a mbar of the ?LOOMING C Mminsion at pi"" 5 g&1"� to S t SO as l ey"ert ��. sied was tbou pi" on tba dtark of the City clerk. Amorkbar copy ran Siveu to tbo off icorc in charp of the Police Departrat several m1nutas thereaftatr,, , Uwts it also for factor of oerop?ail to be cowidered is eowa- 'beti,oa With Chia question mace as the lktb of Sovereberr I atp*e to Ibr& i ibarto of your office to laqui•re whether a ben sirpea,l mold be filed as the 15th with the forwl fie+ wAa aced arteresats supporting that e*paal to to"low $two • I b" J"t b snow ted by air' c.` ant to prepare an appeal t ea that day"Tur. Liberta iaforro►t rr that the appeal would bows to ire rarlote filed and aaarld amt be thrersaf tet MWOOM i or Suplew"ted. Its also "Nested that I obtain a 64" of they City Ordiatoace v#ao which za base the col, t then asked biw it it kad to be filed by aTY pwrtieuLw time *Lace t4 altent use of the *p1sien that it hrrd to be filed by IWO as*% oe the 15th ,mod Mr. l iberto told as *o, there wa pie speoUle roq"rwmt are to time so lowt as it Was Rua a the 15th. IV shoat 6 Chart on the mrsi� of November 1 Sth r asset tv the r Cle? Dail aMi obtataed a so" of the appliaeois ps"isirrs of t" lost" Cltdi a um" Mae &dl"2*4 to " off f ae M the attavoss of tiro'ISO. I tbrs p z*d the rpp"i md WOW" of some Wa" is typins called lath yea hod the Cltp Girth,: to aftiae yor that at " 1 woold be Go its wq but aftU be dolay►ed **weed >Aimum after NO sad aakad whers ' I atd8bt• ve*0 the City CUrk after tUt !tarns is the ev4st that It start so dai*y�d* to testa aerutriatas hRU Vaur disaussies ever wbotbor the City Clark ascend aaeept tht dopmeest of ter • i . i yy It • a�.t�� pew,•.. .... 4 Mr. tm ponfs City At tax new City of Nuuntinston beach Dacasber 1. 1,66 • lose Three. S t00 I was infotmod shortly before $500 that he had left the building and could trot be r3achoed,. We therefore adapted the alters+at:i*e matt d of fiAng ac desciclbed above. I submit that tha apoasla provision of the xOainf ar+dimwe, altbou h silent upon the gwetian of the taws, or c stiou of tiweiir tiling„ has been substaat,iallr ca"lied with is thin aria. I furtbor oubwi.t that if ntaconsary a Co,,.rt vmdd grant n=mL o n ta' ardet aateptancs of the appeal but !.:mot a war* appropriate course mould be to adoi:rs the City Clark to aaeopt the appal as having substantially complied with the pv*v1oions of the osdinaooe in li jbt of the cases cited Am* and allow thr tatty Ctunell to judge this wattec on the baels of its ■erits to the City of liuntingtou Utch, rathot t:um to aeblistratiwely #any tha Comte 1 that opportunity. lbmh you for yunr consideration of thin !,-.tter. Please adwbw we of you: datorrd.nat4 on io. this ,-4uprd. Very truly yours, T bow J. 011F. lS •,!'i5� '��►�cal . to s W. :abort Vi lder { .,. yyy •' M r., � .: .f•. �. J•t .L t•.PPO INji l S BJE(:T: Tim�-.I nes.� of the 14ppea). of Robert Wilder .from the Deal.�lon of thle Pl a.nnin,,; Commission Refusing to Cram a Vkkr;irinc: ! foi, u GiRnt Slide Tong 0e:eAn Avenue REW.IESTIED 8Y ; Dan t, . gonfa City Attar ey PREPARED BY : Lou Aria Marsha'til fi sslst ant U l..tY Attorney COVt0r uST071 : The appeal of Rabe:':!tt Wilder was not r,immy filed , and xC was not filed with the r cuper ;pe1,180n, A public hearl-rig s; s duly held at spprox imKt,e ly 8 :00 p .m. on � November 5 , 1958 a'ld the Planal.nE- Commission refused to grant to ,ftriance to Mr. to construct a giant sllde along Ocean Arenue. The atcor_ne,y for- Mr. Willer, Tbomas O 'Keefe, stated that the appeal was giv(in +;Q a r,iember of the Planning Commission and an officer in charge of t; .e polio* dcc partment at approximately 5 :15 to 5 : 3d Pon. on No,,f.mber 1-5, and that the appeal was subseciefently placed on the of t;y clerk' s desk . ISSUES : Vhat is the date on which the appeal muse be fill l: within whet hours on said date may the appeal be filed ; w1th whom My the ,appeal be filed; la the ol.ty estoppel to cla lrn derenses to the -:tamely filing by rc!aaon of a statement of a city employee that An appeal would bave to be complete when filed and could riot there- arter be amended or supplemented? APPLICARLS Y.l V: MmUngton $each Ordinance Coe Seotion 9880 provides thr6t the p tles my appeal it decision of,, or requIrement imposed by, than plawi g eaminelon by Filing a notl.es with the city olerk within too, ftys after the decision or requirement Is made by the ace- sleet". Section 9881 provides that the ofty council or a mmeber ;.,, fit' w woonost in wrItIng within the ton-day perlod ror i . + L►.��lt;;�� y [.� 1l'.�1.�l.' .� . 1 �}`+1�(�' +i.� ��lt% i,� : lr�r l:Ci��l:l�.l.�. • �i(��''r�:+:'i1",lttl� E.yi�� G' ;�:i;'..�:�:, t� .it;(I ':�'.':�.L CAL",(it: `�•:•C'f:.`;.'')I7 a.�7 �Uti�Y i of G:tvil in ootiniput ins", t;l,me the r1rotc de.y ,-nth; t;.n :( ::rat; (loty of 'the- time � Bari-10. on ";iikt-s ricyJ6,- ry�etilc'l�fl , liC1ti`t:1;11)F��i' I-) wa.,,3 the tont;h day and �1)? X1a_. l: .Z..:I� Fri: ,,`�� :. .1 t CSC.' .;j.G11 nx t:I'1^ n?..�3 nt11�, Comml."'1r3io11 rUU16 he: ma%clo . Tho c_rut�,stion nov., to whether the appeal must be Pilot tl�o hours of the. al'ty , to grit : QO a.m . t 1J +.iti. , anc� tir�.c:".:11t!1:� if tzch buoins-,.in houro noted not he cor.;P�J.,-,d the P.ppce nl aan be: filed with some person Acts rcgL0.red oil puvm:1.t.tc., 1 to be per,f ur,licd by memberrr of the pub- lic the cc)rverb pondl-nr, d-.tty tzpon city cntployeec to parrorm certnin rc—'Coe anct [i-utiors . SUC14 corr ,.,msponding Outy 13 inlpoo d upon the cmplayeocs ox.ly as a', condition o.f tbeftr eimployment and it reauonably fo].lrjwr:, thr,Lt csuch duti.os are to be performed during rep rttl 5 : 00 p. dr : e St f r m doses not contenip).nto t1')e 3.7va::'.e3; off, the city eraployee 'a Privacy In his licme in order fez, a ?7rl ,()or of the public, tits comply with a partimul ai• ::iii,` (:r'Gillaxlc . (Co tariff v. Board v election Commissioners oi' Clty► and Ccurity or avi Yranalsco k.107) C4U73, . ?;.�MRe MgCoVgrn ; n Estat:e�UTUT 1 Co! 150 . ) I The appeal a1ti u]d• r1r,:r'e bec::t1 with'4,hr, city Clerk ut or before i 5 :00 p.m. on t1le lith o!' Novemb,ar. Attorney U 911.ae e tins E:ug roist od that; the :leaving, of the appeal. ;rit;ll a 1;?.:.tnr:iiig ;•,`_'.r:;:": ;:::;rn1:ti,_,' ;:.:�1 ;:1"11 -Yi of r..1 cor in the poI,3cc� .:t=pa '4;rae;lt via fl : ►1Y"fic:i,n1t M1ii1 in �ampliance with the statute eo as to Ittnl� a the appeal. timely I'lled. In cupport of hid aontent an; ►7r. O ' Keefe ct4cs Peters v._ City andot -of Sara fr,ancleico, 41 C2,1 .419 , NSO P2d• >� ,- and Utural S da__,p�o�l Ots qtn2any _v..CCl y of_' Los Angeles , 23 C2d 191 , In the Patera zina4a, an injured woman filed a copy of a verified cWm with the city clerk with a letter that the orl;!inal claim '•rag in the controller' s orfice . Heath auah Claims reached the attorney f s offics within the time prescribed by tLe statute . The court amid there was aubetan•tiR';- compliar.eoe with the claims stoute si:ioos the pu rpoee of the claims statute was to give the city notice that there had been an accident , and give the city time to invenOgate it , and the purpose of the claims &%;atute wr:a met by the InJured woman. This case is Inapp.loPble to the prevent facts inasmuch an neither the notice of appeal nor a copy thereof !fas filed with the elerl. within the statutory period. z , N* The purpot;e f t I I-,.1P "u- J,it to T e I Ti be c oiripar c(1 to k,;-? J,111 s I t o I rjf tho .-Prdi­ nmncte code t h a t i.z I f7tp 1 1). fl."co"il ;,ho (Jecisiorl 0.1" .,he planningplanning vrti-.lallco yr,1,---t be filed within ten days aft-or th� decisl.on of -01je O.,c,T,, .I i,,,.3 I�* . I . The pixrposo of such a pro,v .!.-Sloyl is to o")Cm.ify on Wht-vt date tile rights ,if. parties A. A-And to 1'rovide f will Vast ) Or N-1111-3-i -Ity an ­o the effective date cf t� of th : p.l.ann,:Ung oomn,d . Ha(I the planning commiss.I.ar. granted thc: vtarlanc& -31-;.' the applicant, such variance would hir.n, becoze nal at the cl(ip;c cf tile 40eth day after the decision, ftild aft or such time ., no appeal could be fll,d the council r),.'% other ini;,.�resbed parties . The yj same reasoning slirpuld apply whf�, A , i 1.� the request for a variance has been denied by tiv planning coiiii.d.ssio-V . The rights must vest at a particular Itifte or kieaoc to aad'if3t at a particular time so that the appllaant .$ t1t;i city oxid otlic.-;r parties All know exaotly wheia thr�-., otand on a certain ls­,uo . Clearly the purpose of ass appeal ord' riance wh:1.o!) .3pec.L."Ier, "Llie time at which prop arty riglits %.:U1 in nr.)t comparable or analogous to a claims statute vh1ah rntrul,;y opecif.l.es rho time j.a which. notice of ah accident must be a city. Tile (Aose of the tenth day is , in our opinion, 5 p-*,i. In Natural Soda 1 ;.,oducts Company , the court; interpreted a section or the Loa Av-,�alos city charte)., which provided that a claim nest fret be pre,, entvd to and appre.,ved In viviting by the board ,, officer or employr-:o authorized by charter to incur an expendi- ture or 11ahility i*op:oe.nented theraby . Plaintiff timely pronerited his claftm by mail to the department of water and powe-.7, the concededly correct department In which to file the claim. Upon reneipt of' the claim, the mail clerk gave It to the ohinf nlork ny the lc: al division -rzho gave it to the deputy alty attox-,A-lej-v who gave it to board of the department of water and pawf,7, advising, the board to T-eject the claim . "he court held that the tsequiret,:ent that rhe. claim hu presented to the board of the department of water and power was satisfied by the presentation of tho olalra to a subordinate who represented the board for the purposes of r(?celving such claim from the put- Ila, i .e . tha mail clerk. The court stated that members of the department o�' water and powtitr are all subordinates .,r the hoard and may represent the board in receiving olr-Ams ,, and the i ., ,it that the claim pawed through many hands before it was actually con-- eldered by the boavd Is of no sigulficance ailice each of the per- sons receiving the o1alm, was a subordinate and representative of the board. tc V ' Pfkiiiber 1968 6 9 ,�c. clptri.�, 011 ifn . 6, 4 sectloll 988C. ot, he Coklo dnrii xiates the c.` ty. c.'ll.c.rk 4, ,­ the c,;fV5.cia.1 Authorl.�*,c(! accept Fill appeal from a decision of the p1tainini; nommla3ion . Clea,1',Ly ) tht city alai* or any emtiloydo In the c-.1.ty clerk ' s (.ifffcc, could accept auah a t,'os-aim, iniofav as anyone else accepting suoh a alalm,, w,: find ric atithor.-L11--y In 'Oh e ordlInan,.te codv or- In case lar to rovm1l jvch The Natural Soda Pr9ducts cAmqe and. Pef,--er3 case are obviously in- ,uppliocable. 11,he plzinknin� i,.oija0,sL-Ji :)ner and police office;:, are clearly riot enlpinyc vs of' the aity clerk , cr repro ts entat Ives of ttle CI A-y 60 clerk, �r of the city oouncil except for sper.ifto pur- proves ., and., ther,-.,fore , cannt.,-t perforin the dutles of the city W.c--tik L..o as to bring the filing of the notice of appeal within rubstantial compliance with the ordinFutce . The faotor of estoppel based an the info rination of a city em- ployee that an azpeal would have to be complete when filed and could not thtreafter 'be Luriended or, utipp-lomented In inisdirected . Section 9880 proyidee ,, In appl.5.cable part : "Such notice shall not fartb in detail the action r-aid Crounds by end upon which the applicant or Interented party dr.-em himself aggrieved. " The city and the city attovneyo are bound by the languft&e of the code . 'The attoriieys carinot second-guess the courts , and if the requirements of %IhF- municilial code are to be overruled, it must be by the cour,ts and not by blic stttorneY3 . The appeal riled by Robert; Wilder was not timely filed and was not filed with t'qe proper person , and,, therefore , oannot be heard by the city coun,,.11 . Respectfully sut,-:01tted,, LOU ANN MARSHALL Assistant City Ai;torney LAM:ahb (Cagy of letter,, dated December 3., 1.968 , from Thomas O 'Keefe attached herato. ) Huntington WCI1 Planning Commission P.O. Box 190 CALIFORNIA 026AB MT" �� October 21 , 1968 TO t HONGR.ABLE MAYOR .'DNA CITY C OUSC IL �'14' FROM: Planning Cotwriiss:tors St1&TECTs Conditional Exception No . 63-40 Appel ATIIF,'STI0Ys Doylu Millerr City Administrator � Paul Jones , City Clark +' r_erntlamen s Transmitted herewith is the Plarmirg Commisbion recommendation for approval of Conditional Exception No. 68-49 -which was e_ppealeds A lica-at : Dix Loalsirx (:or oration Locations Vaet side of Gothard Street , approximately 1190 foot worth � of Ellis Avenue . Master Planned: Light Industrial Request : To allow an asphalt mixing plant in the M -1 Light; Industrial District . 'I RReeaso s given X aj2v1io ntw: (In Brief Other property in the immediate vicinity is being used for an asphalt miring plant and related activities . Staff flee ommendat i on: Denial Planning Commission Action; Approved Reasons- given bX the Planning Commission for their �1.14 ■.1O�i �l� 1 FI�1� II! II�III�i�Y.yi- .1 •�I���iYYY���g111.�1Y.iY�- ■I�l ac ion.t 1 . The subject request is is compliance with surrounding usee. 2 . Conditional Exception No . 68-49 will bo subject to location of ingroae and egre„s approved by the Staff. VOTES AYES s M1.1.1ar, Lane, Tom, Duke XO NS 1 ft., 'At Slates ABSENT 4 Eoi:a;;• THIC MOTION CARRIED* Respectfuill twitted, K. A. Asynol a seeresar r, Piercing Cosa NItAiOn I<�� 1 k 1` w i I � rr•' I I r' (Pub%she•. Huntington 59ach Newt I Oct. l0' 1966) ' NUTIfir OF PUSLIC HEA1111NN APPEAL TO CONDITIONAL k%11K"$0M e44a NOTICE IS HEMY GIVEN that a 1� pkiblic h4oring will ae hold by the City Ir Council of tho City o1 Huntington Beach, In the Council Chamber of titre Civic Center, Huntington Befth, at the hour of 7130 P.M., or as goon thereafter as passible, an Monday the 91st day of 000ber, 19", for the purpose of con- sidaring an appeal to the approval by the City Planning COMMItslon of Ca+- Jitional Exception 6g-Rft to allow on apposit mixing plant ih the M1 Light Industrial District, on property located , on the wart side of Gothard Strut, go- proximalefy 1120 feet no6h of Eifia Ave- nut. A logs! description to on file In the Planning 00partment Mica. All Infarested persons are Invitud to attend said hearing and expreac their opinloos fur or against sold Conditional Exception. Further Infarmstion may be ottained from :he Office of the City Clerk. DATED: 10/ 7/68. CItY OF HUNTINVON BEACH Illy: PAUL C. JONES City Clerk r i W arr p A rr..ir .ems Postcards 3 PUBLIC HEARING SET FOR*........ . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN thht a public nearing will be held by the City Council of the City of. Huntington Beech, in the Council Chamber of the Civic Ceater, Huntington Beach, at the hour of 7:,Q P. M. , ar as soon thereafter as possible , on _.—. the . .r....,.` day of .�1..tob, �� , 19 for the purpose of 1 considering area peal. to the approval b the City Planning COasnivaLon I P, PP Y Y of Conditional Exception 68-49 to Allow an asphal.w mixing 'plant in tho hi Light Industrial District , on property located on the west side of Gothard Street , approximately 1190 feet north of Ellis Avenue. � A legal description is tin f a.le in the Planning Department Office. All interested persons are invited to attend said hearing and express their opinions for or against said Conditional t..�eception. Furth4r information may be obtained from the Office of the City Clerk. namm 10/7/6$ CITY OF KMINGTON BWH 3 By: Paul C . Jame City Clerk � t 1 1 Ar 1i_k October 4 , 1.0.68 Huntington Beach City Council. P. O. Box 190 Huntington Beach, California Gentlemen: Pursuant to Section 9881 of the HL•nt ington Beach Ordinance Code , I hereby appeal the Planning Com- mission' s decision on Conditional Exception No . 66 -49 . This approved variance will allow an asphalt mixing plant on the west side of Gothard Street, aappr,ozimately 1190 f.et north of Ellis Avenue . Respectfully submitted, Jerr j A. Matney , Cbin A lman �,i n rza ra October 4, 1968 • �tr :Juntington Beach City Council Y. C. Box 190 Huntington Beac}v , Callfornia Gentlemen : Pursuant to Sectinn 9881 of the Rinti.ngtor_ beach Ordinance Code, l hereby appeal the Planning Com- mission' s decision on Conditional Exception No . 68-49. 'lhl.ls appe owed variance will allow an asphalt mixing planE on the west side of Gothard Street , approximately H90 feet Ito !th of Ellis Avenue . Respectfully submitted , �et,r A. Matne Cb�?nc i lman .1 i I t f 1 i I 1. y. Numbor of Rxcerpts Publish Once ._•.�� i3GiL NOTICE NOTl C"s of PM IC C HURING 11101AX g Q=VW ",49 MC 'ICE 18 MCWT 41MM that a public hearing will be head by the Oit7 Playing Camissioa of the Uit7 of huntingtou Beach in tho Council Chamber of the Civic Center, Huntington Beech, ; California, at :;he hour of "P.M. , on ""O"Wi0p DbW 1I 1 o for the purpose of oaft$14ering a petition for 'a to regulations of the Districting Ordinance, KS #a Lw*&Ud Aft 00 mWt YJIr 40 M'l"S4§e ft" afra of UUM Attsri4-)e 1 Yid deewipU n Is ft We ' I .f* All interest** Persons are Invited to attend ,said hearimg and j wWveias their n1pi.nions for or jguinst toe proposed rt+q sfWd. by said petitl=4 Part-her information nay be 0t tined from the affico of t1ja S earetary*W lha PleAning t onxi sslon,v X phis 9 ► of IN' C;TT MAMMA. 00=88106 • I +� i 1 � it Audltor I a aml ! Doom IPA" gaol District ' IM Corr Acre its f � at ! 1 i ! 1 •hd i , 4 1 i •' 1 �,¢:�����,rIS�ir�P'dkrj�,*' /�y'�L, � � p"��•R. � � RTC �i, �.�i .y�, � � �k � �i��, �;, �1ll.�t�� ........,.��„r..a.� �? tit,, 'r�"i������'M-'��'•. ''•`ahi•hr;� t�' � � ,r�• �"�' .�'-fi.1� ,'4 �_� � ' 1 ���� ��.. l i vit of Pink licationMAW of Califurnia : f County of Drange 1 C11af at Huntington Beach J. S. Farquhar, being 6uly sworn on oath, says: That he is �! � % •*1 s•; �� �' % ",k citizen ai the United Statk-i, over the age of twenty-one years. ,•' •�,' �' ���� r' � f � 7bat he Is the printer %nd publisher of the Huntington Des News, it weekly newspaper of general circulation printed and pub lished in Huntington (leach, Ca!ifornia and circulated in the is c . County of Omnge and e,;;ewhere and published for the dimemictatio � t " of local and other news of a general character, and has a bona fide t -40scri tion list o!p paying :ruhucrihxrs, and said paper has been established, printed and published In the Stnte of Californin, and County of Orange, for at least one ye&r next before the publication of the first Insertion of thin n.�tlre; and the said newspaper is not devoted to the Interest of, or published for the entertainment of any >, particular claw, procession, trade, calling, race or denomination, or any number thereat, i r 7'he H-intington Reach Nown was adjudicated it legal newspaper of ganervl circulation by Judge G. K. Scovel In the Superior Court of,grange County, California August 27th, 1937 by order No. A-5931, That the rlo�rr��QF'.�I .3�x �R DTCr APPEAL—T0 C IOMAL F-, tpLUTON 68--46__ of which the annexed is a fainted copy, was published In said noun:- paper at least . _ C.1t]a _T,,.gfi.ji 14 commenting from the day or October 19 68 VW ending on I he 1rd......day cf Oct ober I 1968 both days inclusive, autd as often during Bald period And times of publication as said paper wab regularly issued, and in the i regular and entim issue of said newspaper proper, and not in a dates, and said notice was publlared therein a the following dates, to-wit: October I j 168 / LY rr t� Publisher Subeeribed and swotitototy me this E.�.___r- day of 'le tN0t c '� orange ty, i C�►i�;:� 't 1HOMAS D. WYLUI � IItrrAltt r�IIC •i�ALIFdRNWI ,r,� � it ,rrt� a�tc� iN i ai colorer Mir Commission EApires Sspl. I Z, 1971 A 1 u _4 Huntington Bench Planning Commission r '+ P.Q. Box 190 CALIFORNIA 9.348 October 21 j 1968 TO s HONORABLE MAYOR AND CITY COUNCIL FROM$ Plarming Commii®sion SI. 9,TtCT: Conditional. Exception No . 68-46 Apperil. ATTEXTIONt Doy.l o Miller* City Admivzi :5trator Paul ,Tones t City Clark then t 1 emen s Transmitted her,-with is the Planning Commission rec oas ondation for denial of C .F. N o . E8-.46 which wao appealedti Applicant,: The Colwell Co . Location,: North of Hamilton Avo. y approximately 480 ft . west of brookh.urst Street . Master Planned: Medium Density Raguebt = To allow an amendmont to the plot plan and building elevations for Use Variance No— 768 according to � plane on file in the Planning Department Office. Reasvt:s_ given by apRliY antt t In Brief) An amendment to alter the plot plan and building elevations for Use "Variance No- 768 according to the plane an file in +he Planning Department Office. Staff Recommendations Approval Planning Commission Actions Denied Y Al.w wAw A■ Reasonn& given., by the Planning Commission f2r ++ nra.rAArrwAA�rAAw.r�nAwA� their actions 1. This request was originally presented as a Planned Development . Tho Planning Commission has an obligation to see to it the plan is carried out . YOTEt AYES s Lane, 'tom$ Bax i1, Duke NOES= Slates, IMiller$ Aokor TRZ MOTION CARR ISD. Respectfull bmitted, K. A. ReynoL a Secretary, Plaming Cowl Lspiots • . �.',r . F a y ItU1 (;k'C1 CALIF. kf6U19TkkIL1) CIVII. ENGINEERS JENNINGS VIALDEAMAN COD 'I A CORPORATION lilt % AST 4 11 V IC W T W E N T H b T R Y N T, b II I T E'' 's n 0. 14 A tJ T A A N A, CALIFORNIA 3 e 7 • 4 I S K l 25 SeaTEMSI+n 1966 Lo G � � r 9 �• ,fir'' HomN .`AOLE CITY COVNC i L , �' •�� CITY or HUNTINGTON EWACN LAY'-•,A,�( �•� CITY HAIL HUNTINGTON f3EACN� CAL 1 FdRN I A JOB NO. 1167 - APPEAL ON BEHALF OF THE: OWNERS AND UEVCLOPERS OF TRAGTE NO. 9559 AND 5561 WE WISH TO APPEAL THE DECISION OF TIIE PLANNIN4 MISSION IN DENYING C.ONDiTIONA►, EKCEPTION 68-46 AT THE I R MEET ING ON gEPTCWR � 1968. Wc RcsrecrFULLY REQUEST THAT OUR APPEAL LIE: HEARD AT YOUR EARL I EST NEARING DATE, CONDITIONAL EkCE PT'I oN 68-46 CON3 1 STS OF A NEQUCST TO; 1 . MODIFY THE LOT LINE LOCATIONS OF LOTS 1 TO 56 OF TRACT NU. 5561 , AND LOTS 5 TO 13 OF TRACT No. 5559. I 2. REDUCE THE LOTS W 17'H I N TRACT No. 5561 BY FOUR, AND ADO NINE LOTS WITHIN TRACT N0. 5559 TO THE VI LI.A PACIFIC PLANNED COMMUNITY, THERE:CRY INCREASING THE UNITS WITHIN THE PROJECT HY FIVE, THE PLANNING COMMISSION, IN CONSIUCRING THIS APPLICATIONS HEARD TESTIMONY FROM THE RCSIDENTS Or VILLR PACIFIC WHICH LEAD TO THE CONCLUSION THAT THE LENSITY OF 1 NE: PROJECT WAS BEING REOUCEOp AND HENCE THE MAINTENANCE COSTS WOULD BL I MCRF'ASED N PROPORTION. PH 19 STATEMENT 15 INCORRECT. SCCONOLY.v THE RESIDENTS rouuo FAULT WITH THE PROPOSED ARCHITECTURE. Wt ISE;LIEVE THESE COMMENTS CONTRIBUTED TO THE DECISION OF THE PLANNING COMMISSION IN DENYING ;413 APPLICATION, ANC! RESPf CTFULI -' REQUEST YOUR RECONSIOtRAT10N OF CONDITIONAL CXGt;pT I ON 68-46. NM E, HAU)E MN r f,�s • , v. #w 91.,W Anr� A a WNW . A • Jinar •fl�tall�111'�IMM. 141000. , • l I ,�' I, , rr' t �,r hPx I �"•�� ,43 lily r' r' ;d tii'•,� • �+�, LaL4A.....�Yr „�iUi31.yr A.. ..�'td+. .,_ C.1 ]i.,. .'l, L.... . . J.,, ... +:d lu��+iiS.i'. •��m� i ,...,7', VWa P=&r- ConmunityAm)d-AdOn ggog VnIA WtM, MM '+ March 27 ,• 1969 I�In I The Calt~a11 Company 1717 South Brookhurst Street iu Anaheim,m i Ca 1 i for ni a 92W4 s, . y; Attenticn: Mr. Fraw. ,Jackson, Vice F-;%eslaent • Re: Approval of Plans (C60,11;Iando� �- : fr j I r�r1 - _ Dear Mr. Jackson , The Board of Directors of Villa Pact-[is Curs--cnity Association hate r�vlewe(' the plans fc r the balance of the units to be bui i d i n Tract 5561 a:, well as th,; landscaping plans for Tract. 05561 and find then. to be acceptable with three reservations that should he clarified to the Board before fina) approval is given. The three reservations are: 1 , The soundproof type of ri:31 1 constru,:tion t ;,at yott describes to Bras- - , Carrillo , and TiedR; - in our rra:et ng March 13, 1'16S) are riot detailed and should he. 2. Exterior p sywood of a grade acceptable to HiA , su4h, as usf:d on the present buildings , has proved to be unsatis+wctory for the area in which we art,, locate6. Something less porous or more durable is in _ u rde t , 3. Specifying a "major braid" of E�/:int is not s,. .-is;`actory sin-:e most "maJor brand" companies ur ual ly r+take µ wide variety of paints to many different specifications for various purposes and conditions , A grade speci f'c;atior. should be stated. Th,% Board feels that clarification of these three points will present no pMbl= to you and will be and will be forth-Coming so that the Association can give its final approval . The plans referred to are covered by drawing no, 10AF dated 3-29-67, "scrawl Nlotes" by Roy Kiter, Registered Building Designer No. 404 and followed by 45 nu bared s�,eets and one undated sheet of details; and Jones and Peterson Lo"43c ►ai plon for 5561-B revised 2-7�-d9, sheets 1 through 7. The 45 r l building plan sheets noted are for Tract 5561 and are dated as sk fol Is": Sheets No. It 20 109 i2, if, 19 through 34, 3f , 39 find 40 dated 2-8-69 . Sheets No. 4 through 9, 11 , 13, 14, 15, 17, 18, 35, 37, 38, 41 , 42, and and 43 dated 2-8•-69. Sh"t No. 3 revised 2-•7-69. Sheets No. 44 and 45 revised 9-16-68. ' "r r mom M r ' ' Wh P zac ' Commujadtyb.ion 9W2 NE" PACHK DIM. A Non•Pw1k OrpoWt M It is assumed, also, that the Sam type and quality of building and " 1andscapino will W used in the construction of thn remainder of Tract 5559. Very truly youm$ Villa Pacific Conmunity Association Robert E. Brach, President', cc; Munti niton Beech City Counci 1 ;- Mr. Coen P.H.A. - Mir. Van Deusen ,AYM war b6-4 5 1 8111r 8ee17 Pritz Grate &W oron stir MY n viva recirir. Dr 98,35 Jamaica CIr city 1 J was Is* Coro1� Milroy et al 0xarrica Sullivan 1541 %Wirt Cir Tills Pactric Dr 9841 JamwLea Cir r City 1 824118 Jordan a►rry 9' Ct Ville I�rcitic i.�s Cir �l�1. Cs]ir i� l 1 ' 1 ' son sC `J� Verier Ion rurgason 3;62 rd 4t it l OMAc 51 jamaice Cir ftty i t7 f OMt waft i Bernard Legit 2134 Crest Clr al. Cir ; 9855 Jamaica air cis ?WO:5 ity Da11ey ' 'Theodore Augabun • Boy O at Dr Jamal Cir 9861 Jamaica Cir 1+ CI IO6 is 14 V C&lve 1 l Ce n; bw Orest Cir ; rx J ca Cir ' ri Hanww"s 1229 8 Mende at 1ullertong calif rp 92633 r ' .� ra y11F M W iFr w .w � T T yY MII w� -. N _ _ _u 4 •� ...• �.._ .. r, _ .. .. T .a ... ♦ _ _ -. r 7. _ .i • _. •.. ._ y a. .,i � _. .. +.. .. _ � ley StAerbezW i wo will iww lil• Pecifte or 1 Jamie& Cir 9845 Will* Peoltie ft tr City , lose Green Alfred Borest a l itla Dr J"aide Qlr , �,. . . ;• i 3 i � �i5X yt11• ftoilid Or 1 1 Y , ��• , „N,'eq'q',' ._ 'f �,"f<v*f' S. itlf•`- •'*�.f_r' �,.,Ip 1:'•• f._.:*y a ��. per+ ..h � CF 68-46 cont r r �.. + Ormago Craimly 11ioo4 y., ► Utwa► ual a COMM l Diet IL220 V Van wr Ave at Howe ex Cal A t ata Ana.0 t altt " '^ � � rr$'l�a► Ear�at �l;alrr fa MA 10%2 via ft % ]v ; ft1lert4m, "llf + Ctv4e6 rra[r,$ aalit 1 9�' 33 92(40 ` ht Hill � ; J06A White Qf Ca r l Off► � icf, '. ip ; Gabe ftlit % •r r._ r 1400 r�� ,.+•_ rrr ... .. _ .. .—. ' f-. ..1 a.I _ ..11..._.r__. _ _ .» � �— —. _ ...— . _ _.-.. .-.. —..— ._ ._ _. -. r.w._. ne ;M11 AA Oftioh Is ��Vi11a Vista Vez br C tf arty ► wit r • �4� �t �� �ewiditly� -- - �- - Axeri. ... +�pp�,ili� .. _ . . _. - . _ ._ .. �. _ .. _ . ._ ._ _ _ . _ ._ _. _ « _ . _-_ .. Idiopim �l a# Ii, .sA Dr ! 5 8 Mtts mat , city , � # 4 aY�7• C�� � City � �r111 r r + I �H.D. Hi& school Diet oO. Box 1C1 r 9�l ' l�rfi= Dr 1902 17th 8t Now"" 30ack0 Calif i 1'i rGitj Attn: Diet Oapt ` ' r $ ' ftme t 14R ' 9W2 1.!'ri Dr ;JU#B. S1 emex#ary wool +7M l t r aitT ;City ty Attx= Dist ftpt r c Wt ou Der l4161 Clarion& le a ! Aata � Calif 911" * � � r - iOi t i�di •Tpe ; ii .A. - I va ; % Nei 1 Ve a to u1 i t 9m ammo Blvd ; + 220 Los A iea, Calir r + I I 1 r a ti �,.r�.<y^ i�"� � �. �� n, �����.' .. 4.A � 7 MST .r4` ���. � � � ��� T ....• h.,�;r '�. .� n a M � 4 k 1 CS 6fj-4G coat OaA`lt0u Vidlno Ramon Worth 21326 Greessprq Le 21282 dreanspregr La . I �• ae�s`1d C+�r�lon 21322 Drewrprdq Is Josephine white (4 �)` �rreearlpray Le _1 tyI ,•, Nar'"�i� man Ve intritut 2Z 1 Greewrpr+y I M i 1 fo rd fit►sQa 'Willa fteitie Dr 21292 CreeusprAy Is i (:1t7 gas*, Jr Ste pun brovu p.:O. Wells r111a Pacific Dr 233Wavearest Cir %We11s tea! 15151 Beach 01 t ls'd Midway Cityq Calif 92655 - ._ . _ .. -. - ___� r , xero*rt Pemeth Marsh Joan Mohr �arecrest Cir 4 Ville Pacific Dr 21 21?K)2 Greensp►rey Le OILIW city, rs Ronald Garrett 11�rader a' illa pacific Dr 21296 warec;reat Cir Wa7-ter Gladden city �9811 Ashford Ave ._� es tmiaaxer j calif 92683 L' - Jackson Ricbard steed eenspriw Im i21292 Waveareat C city 3852 Camel Do1►+e fir t r• t w s� rler ws ter meorew Cecil »e 1 dr+aA w�';,� •, I ' 0Nq LA ` 21 Vievecrest Cir ��,_.�• Cif blueroe! Dr ;IM 1 �'; '`fr �aeater truabaeb Rawl iA . ; Ai pra L 21282 Waveereet Cir 1 C M c an 440roat Dr city Cw • r-■1 l��':JYf.�!'F1�:�li%rWvf'F .a. .... YwIF_RiAZ-,,,.• t/li:e7.l.S;'_ . ��y. . . . ._ r w� 941 �rc'r�fcb�rrdt `�1 91 Green Cove Cir ?14?6 Vie Straits Dr 4a 1 i f city c i ty y �1 C'41wei11 Co Muriel Gre orb, V Gib at ! James Bavvaiaroi't 421 N Br•oo urat alone Calif 9746 V111r ftclfin Dr quite 224 City Air,abelm,, Calif 92F"I 02 Ville !'chic Dr Darrell Your,; Walter Tied d two p q692 Brookhaven Cir 9745 Ve:. de ar Or bitt City . rpt of Veto Affa►irr %1*81e we 1*y Rolland Monro* �a �llkeoaoa ro ven Cir 9765 Verde Mar Dr 21wflraan Cove Cir v ' a �' City Ci�rT , •I 1 Donald Ogden Ili zabeth Olson �usrw►11 8�+ 1 orr 3?12 Brookhaven Cir 9771 Verde Mar Or 'i Oreen Cove Cir ' city N` DavisMerle Bradea► Donald r'i tter 9?26 Brookhaven Cir 9781 V'erd a Mar Dr 1I111ig ftcitic Dr City { � lemon Price Colrell Co 9751 Brookbay Cir Bey,lda q�i ► 9785 Verde star Dr n flora Cis' City AortoYtea Villa hol:tic ComMite . 9�5 brookbay Cir %AM10 an112o � wove Cir city 99C1 'ti 11 a pacific f City $ , Colwell Co Ned Dctre��ee *:.. oar• air ' Rdward $Anerler W51 811 Cr%ilst OW 5 Brookbey Cir city nr . fir: ,,..• .� . ,^.;, •,r r, w Af 4;.'•, i r''`' �.• / "' Publish 1073 dM y Postcards y �I NOTICE OF PUBLIC HEAIN , i jkawtrl lop NOTICE IS RESX GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of P.M. , or as soon the-reafter as possible , on .,. ,MI8401 �. a 1zy""" the day of October , 19 66, for the purpose of c s idering an appeal. '",he denial by the City ?1;: acing CoMiasi= of Co ition,al Exception 68-46 to regulations of the Districting Ordi.reawao to allow an amendment to the plot plan and building aleevatio. l for Use Variance No . 768, according to plans on file in 1;b6 plots on Rio in the Planning Department Office, on property located north of Namilton Avenuo, approximately 430 feet west of ttrookhoxst Street. A legal description is on file in the planning I rtment Office. ; f All interreestad persons are invited to attend said 'nearing and express their opiniaw for or against said alvrl to is W649 } r Further information may be obtained from the office of the City Clerk. '. DATED: ��8�/At. CITY OF HUNTINGTON BL4CH y: Paul C . Jones Clark City N ,I rw I' w , 'f YYYY11f, f;'� Tlpr, April 22, 1969 µ �r y Colwell compen � 1119 so a Itreat ftllertoit, California 92633 'i l�.�ntaera■a: I have been directed by the council to inform you that the Cit�r Council, on *'.5 1969, will consider a decision on conditional fteeptiWu 6f-4, Use Variance 7689 Tract 55599 on property located north of Hamilton Avenue weak of 8roobdkurst 8treat The pablia hearint has been .closed therefore, AW*"?'?&v% w dome not m that you will be g1van an opportunity to ask on matter. ? I :d Sincerely yawsIC 1 . ' Cf t City cleft �• ly I' 1 ugfr��'k .'.w _. ,'j, :I .na'.s r ui i6 e. 1 -_,¢..r•rs..>sSi'N117hnai' u,Y YY,M" R pS 1 1 April 22 1969 M i i Wills paelfie ,Aveoaiation 9002 Ville Psaifia nrlirs Wmtiagton Ileanh, California 92646 Gant 1�-�ra t 1 I have been directed by the Council to inform you that the Cit Council, on Icy 5 1969, will consider a deciaioa on Conc4h oral gxception 661-46, Use Variance 768, Tract 5559y on porperty located north of Hamilton Avenues woot of Brookhurst Street, The Public Hearing has boon closed, therefore, doe* not amm that you vill ba given an opporimaity to spew on this matter. SLuisfreLy yours, kf 1�f r r Paul CO Jones City CI Oft �1 I I . Non Affidavit of Pu4lica Saar of caws •"k / M SOIAlt. at 19tt=Meach J. 3. F%Mhar, being dully sworn on cath, .guys: That he Is a citizen of the United States, o1►!s' the age of twenty-one years, That he In ttis printer and publisher of the Huntington Beach ' Nrwa a wetWy newspaper of general. circulation prinUd a1A pub- 1lahec in Hiwtingtori Beach, California and circulated in t+he said %�_,t, I County of Orange and elsewhere and publialwd for the Alssemination �`. � �r iq� •, of local and other news of a general character, and has a bong fide subealption lbt of psying subacriberb, and said paper has been establiahed, printed and published in the State of CaRfornia, and , County of Orange, for at hest one year next before the publication of the first inwertion of this notice; and the said newspaper is not ';1 devoted to the Interest of, or published for the entertainment of any parthjW class, profession, track, calling, »up or denon*wtlon, or N� 4� any name thei cof. i The HulntivR"on Beach News was adjudicated a Legal newspaper of general dmWatlon by Judge C. K. Scovel in thn Superior Court of Orango County, California August 27th, 1937 by order No. A-MS. t the -LOTIC}, OF PUPLIC_ HVEARTNTG APPv t,,- 001,1DITICNAL E.YCEPTIO't no . 6.8-41 r of which the annexed is a printed copy, was publist.:A in said news- I paper at least one I p site ccmmencirW from the !'a t day of October y 19�8--, &nd ending on the � _day of- .----- October r. 1968 8 kth days in..lusive, and as often during said period and times of publication as said paper was regularly issued, anJ in the regular and entire issue of said newspaper proper, and not lit a supplement, and said notice wm published therein on the following s dates, to-wit: ortoher 'Al 1C)6$ ;i• pubiish� � Subscribed and sworn to before me this day of D�, RED E COUNCIL��R � �. ° . '' �Public :ray WYQ.LO� .alllornla .. ................... 1 ArpOY By CITE' THOMAS D. O t'y I My Comantssialt Expires Sept. 12, 1970 \ r , r •�`Y w C " r s 1 1 �r MoiICR 11Pey MINIM M�ILrhtMIL OiM��'NMA� 111 It* 116rR1 � ` Groot 0 e4 W � gmmM1m hNrift Vda tM had ty OW ov o*omu a to C14F so Ma umun floss k tw am m s, _ w M on 0*10 i Gp r� Mw�rrp�h C*W% st NM hwr of i or M mW* gnftWf W $0 pMtbllW w IAW ift do of t,.. �M1ofIt141R, 6m Ow ! popo* of "n. I{ ;dam; m 4 ip* domw 04 + iity C* of a *w a .doo Wm*ln >t•rawwoms of t"O WA*wuiy oft . lwft&ckv of' ! INtw � �lpf�li�Ir� 1� fR CMY1ir R dilMtli�1 i0 1*wk f32 M gWW tom!. Lamalt)d At t o tmmow oomw 0 Ift ft"t ww 011w Iwamw 1w Ow 0-4 wws106 Fe"Wy reamer ftt►kt sra MhMbr dla>emrhw rr Lm a IN" ZLZ, t^tuMNylaa memo 1Wt. All Intr"00 pom of ilwWW W ottww W rf w 109 04* - 010. arm � owisw ► be abininad oft Cho* r . k ' i. y. ! i I• 'M,'.. 1 I� I l gill rj "n•;„i1,yin 1�j r L 4, I� r v `1. (Published Huntington Beach Newt SW. S, 190) 'k LNBAL NOTICE MOTIOY DM PURLIIC HILA1111111 y CONDIYIONAI. EXCEP THIN NO, 1111I-41 APPEAL NoTier- IS NCFEAY GIVEN that e public handreg Xili be held Ly the C.IV +, Plar,nlrg CWnml�tion of the City of Nuntinliton boach in the Cnunell Chamber cif the Civic Cnlnter, Nuirtin;ton Bbach, r. California, at the hour of 7:W PAW, on Tuatdsyr feptenrher7, INA for the purpose of eonsIckeing a petition for a Conditional Exception regulations p1 the+ DivirieUnE Ordinance, To al'owr a bulltting to encroach r' into the 25 ft. by 25 ft. earner eut-cif! id garara 041bacKs of 7+/e R. Iri deviation to the r"uired X! ft, ltsraga iet5sck. Located at the southeast corner of 11th Stmtt and Olive Avt,nue in Ina R•< Mal- / tiple Fnrr.ily Rsliden,e District en4 logaNy described as Lots 26 - 2E, efack 213, Huntington leech Tract. All Inla►estnd per7Ur1S arc Invited o atsand said hearing and express their upinluns for or aaa:nst the+ propowd Conditional Ekteption rRquested by said petition, F"urtherr Information Ally be obtsfned from the office of the S*tratery to the Planning ComrnhH;pnY OATED ,hit Sth day of September. 1961t, CITY PLRNNIP40 COMMISSION RICHARD A. HARROW Acting S cMarY i s r•1 i�r11 ! e r «, ' I�t ,I r1jf ii •1 A 1 1` 47 4P .n • TE RL.I NG BUILDING r� DESIGN 7XM 6F COUNTRY UNTER M9,82 Bcacb Alva. uuntinoon Be-Ach, C+lifrxina 92646 Pbene 952•:`►'�S1 October 24 , 1968 �i-•r IVcp, The 11onor0le Mayor and 1, f OF' citze counciln&n HUNTMO i►:K g£AC1I.CALIF: City of Huntington Mach P. O. Box 190 t 1 ►,j Huntington Beach, California 1.42646 i Gentlemen: Re: Conditinna1 kxcepticn #08-41 Vc are appealing the decinion of the Planniag Commiaiton .'a property located at tho $.,So corns` of 14th and 0.11ve Streats as per , above referred to number, , Tha building, for which we are attecipLing to secure a permit, � ..a ut superior quality :--id design to moat of the other structures in the area and certainly far more, at;tractive than a vacant ?of 'With transient hippy vars Varked on it. We therefore respectfully request a variance permJ.tting ingress and egress on to 14th Stroet, Respec �fu� �• williKm se ck 1 � Y Affidavit of APINfication , DEN I CAD J. III. lhtt+gdwt', holed duly sworn on oath, says: 7tat he is 8Y Ca,3Ui'tV1 , citismt of the United State«, over the i4ge of twemy-one years. That he is the printer end r ublisW of the Huntington Beach i..•y� � . News, a weekly rewspaper of general circulation printed and pub Bale In Huntington iieaeh California and circulrtee in the gel County of dht M and elsewhere and published for the diskm9natio of local and other news of a general chat.acter, nttd has a bons fide nubttcrfption lint of paying subscribers, and said paper has been F established, printed and pu►fished in the State of California, and V, County of Orange, for at least one year next before the pul lication of the first ittewrtion of Oils notice; end the said newspaper is not cheated to the Interest of, or published for the entertainment of any ► l ,articular nines, professian, trade, calling, race or denomination, or any number :hereof, I ttc Huntington Beach News wag adjudicated a legal newspaper of general eirculation by Judge G. K. Scovel In the Superior Court of Orange Lrxtnty, California" August 27t± , IM by order No. A-'I931. 'ttwt the "TGTTOE OF PTIPLIC..r - ArPFAL TO 10^'r7'1'",-)''AL 7,XG"'PT1014 68-40 of which the annexed is a prise ed dopy, was publlsrrd in said news- leaner at leoust Cn t? Issue commencing from the 7t,Y; ..day of_ 19 � and ending on the %t h --c?ay of ,5,oV E'T1�7E? 19-A�j both days ird-asive, and as often during said perlod and e times of publication as said paper was rerularly issued, and in the regular and entire issue of said newspaper proper, and nit in a supplement, end said notice wan published there!n on the following dates, to-wit: Publish". aubwribed A:.J swam to before ttre this day of �/��ffy ���y� y� �f :•a,�:.�: it . _.r. NoW7 Public Orange CD%mty, Califon IVOMAS D. WYLl1E ilb'tNt1r t�tSklt: • GLiFtfi�fiA PRINCIPAL OFFICE In f1RA('tf:E COUNry My Gammission Expires 5apt, 12, 1970 A i. � � n4,?k' �� T _. c� �!•.'RdM`,I�I yh "fy"' 1 �rd�.�,•,. y 'N yl •� .ti � .•h .� } :� —i yY jiyk � 1 4rJ, ��yy V t y 1 r, Y (Publkshed Huntington Seatn Maws 'the Huntington Beach Orditwift x' Hair. 7, law ( Poster alk wing a reduction of the MTV[ OF PUGLIC HQARINA -rrin;mum shoo sgwra feet 01 i4wln • APPM 1'O space requirement In 04 raw % CONOMONAL WoEl1'1'tON 96-" of the lots as Wwwn on tenteit1we WrICE IS HENEIlY GIVEN that a Trwil Map gi7% oectiona WIL41 j l pubik hearing will trio hold by the City 9102.1 and 6102.1 of so Mwnuni"M ` Council of the CIt, of Huntington oaach, (leach Ominlanos Cote to allow a In thee -;ouaah Chamber of the Chia raductlat In 9N minimurh W alze ! rR� Canto, Mtuntinsbon oeach, at the hour of and fMntf& W an awrW Of I41i09 °:► 7199 P.M., or as soon thereafter as square fast and so feet rl pectivs- r` ` possible, an Monday, the lnth day ofly, In deviation to the required fM " 1 November, 196k for the purpose of coon. squat* feet end Go foot of front" siderinfl an appeal to the granting by rend said property located a: the the City Planning Commission d Bondi- northeast carow of Admiralty Drive w> r1 Uonal Exception U410, in follovise and Higilimay No. I. A bpi illm TG Section 9106.2 of the Hrnting- criptlon Is on file In the Planning '!� • tot! Such Ordinance Code b# of. Oepartthcnt Office. 'I lolwing a reduction In the gergw All Interested persons are inr:ted to settisch to 20 feat, In deviation to attend sold htering and axp►ew their ;F the required 22 hat front yard opinions for or against sled appeal to estbseh for pragesr Section 9103.1 CE Wa. of the HuntingWn Basch Ordinance Further Information WAy he obtalmW '�+'• Cods by allowing a reduction In the from the 4tllce of the City Clark, mininnin front yard setback to 10 DATECh 11/519& fast for dwellints in deviation to CITY OF HUNTINGTON BEACH the tequlred 15 feet •attack for ayl f AUL C. JONE5 dwelling unitsl Section 9103.3.1 of City Clark , r ,M IQ i" 1• ' 11rr s 1.1f' r1 t"+'�p 14 00 Y, ��� ref�:-L.fir 'r '• � .' 4Er � • Y r 011fington Bonk P1811111 CoMM188191 ,. WN P.O. sox IMF CALIPORNIA N" November 180 1968 SawBASIS MAYGR AND CITY COUNCIL •a" � Y1 ing Commission Conditional ftooption No. 68-40 A2TXWZONl Doyle Miller, City Administrator Paul Jones, City Clerk Transuitted herewith is the: Planning Commission recommendation from their October 22p 1968, meeting :for approval of portion of Conditioval Zxception No. 68-40 pertaining to T.T. No. 66758 lea t B. A. Bantus 8430 Santa Monica Blvd. Los Angeles l California Mg&St Moffatt i Nichol 122 W. 8'iftb Street Long Beach# Culifornia Lgfigtionls Northeast corner of Admiralty Drive and Highway #1 . r RyQueatt To peOMit the following# To allow a reduction in the minimum lot size and frontage to an average of 4600 sgvare feet and 50 feet respectivelyt in deviation to the required 6000 square feet and 60 foot of frontage. Reasons given by th« Uplicaantt (In Brief) To increase crater frontages and activity zoned living patterns working together to harsoniously provide an equality of amenities to every house in the pr-rjp000d plan. Staff recommendations Approval for Alternative B. toe ftd7�i';��•' rrir .y�; ' �i � yi�r �! f � IM .A°.>°{.'1: ta"`�v •," : .ti; ' �� �{ fi: hw f l�. �" + k4,�, kc ti: ` l+",h f,�+IP �i ; 'fir♦ � ,r ? ��R"`a�'' J y" '1E .A -,A r 7Ff• x ..r i, IM' 1M.'� - � 'M'• r` }77 s ` ' sst Qri.o11 ion Ac t iant rovod and react oaded for approval by the City Council UPOA �� • � foi�o�r oo�ditio�a� l• The uWam let size shall be 4600 sq. ft . and shall be iuhetantiaily tha same as shown on the approved Tentative map for Alternate 1!, received August 3 t 19dis o ' Caarot► areas inol iia�; private strreet s shall not be dedicated f. separate and apart from the indivi.Aual parcel or dwelling unit. �y 5. A11 provisions for a commmity association and for perpetual mainten%noe of the common area and recreation area shall be approved by the Planning Department and Legal Department . The CCARO s, Articles of Incorporation, By-Lags and Management Contract shall be submitted to the planning Department and Legal Department for approval. The CCM' s shalt contain at least the following provisionst ' a+ The Recreation area shall be reserved for the exclusive use of residents within the project and their non-paying guests. b. owners and/or tenants shall be required to abide by association rules and there shall be penalties for violation of said rules. a. Any interest in the common area (including private streets) tft1d by the individual parcel owners can not be ' devised, conveyed or dedicated separate and apart Prow the devise conveyance, and/or dedication of the individual parcel for a life in being plus 21 years, exceptios this way be accomplished under the same conditions or grounds r an are available under judicial partltion. d f. If the development is constructed in Increments or several final nuLps, reciprocal CC&R' s and roniprooal t� management agreement shall be established that will causer a merging of increments as they are completed. The and result ehall be one homes association with common areas (: common to all and one management for the entire project . 4, 6. A precis* plan for development of lot 46 (the recreation area) shall be submitted to the Planning Department for approval prior to issuance of building permits. 7 . Approval of this conditional exception shall only apply to �. Tentative Tract Imp No . 6675. 4 1 1 '�.c ,r *J41' .fig 1 CIA ' rl l)� .'Gilrt I t '1, 2 •4 �, 1 or .'� r t',► 1 11"i •T ;, 1�� � ay� �,�' N ��. 1��,t((,l ,, 'i 1 '� �. � . �w, � r r.W• 1 J�t1�1 . �!r' S 6 �, 1 1`� l' d ,� � nl r9 { �� a hg ��'1 r! 4 K• �r 111A 1 11 �� 1 1 1 Syr YY II Y 1µ �.h 1 , � � 1 1 1 111� �• �� ,a .FJA�,I"I�� rMe�, 7hlr� r l' a' • � ,, '17i ��- ,r . .k' � '� xt S'�•!}�''•�N'• �''� Z.�� 1',d�FRri�I!!'�''/ �.'°P' '�:'1'IM; 1���,jJ!�r '�� 1'- 6.10.6046 mop Iasi].# Mil-tor 4fame Gov Rok"Or Iq of fdpt With areipont to the granting of the 00=4itl*42 the Zonire QrdimAMOO Md ; r'". i ► im-66 are attached horoto s ap6atfull subwIt t od f a to 4, skayn0lds ffi�raratar r� glat ix COMAssio n. ;r• �a �i ,�T a IC•' Q'. f il. i li I ' i"�' o i QCW�OM'" �'1�l1 OAS PTO. -MO MiY r ' 1, y , 1• 1 PUMUent to Seatlon 9961.l of the XUAtiUgton 9046h ftabbAs CA* regardIng granter of conditional 00eptionS to OW A+WViOLOU Ordlmnota baring born heard in pub2la riw&rind ,.; #' U*mo both or#1 rnd doc~%ary harm bo*n intraduoad wd acid easo bavftg boon su%dtted for dioi.sion, +mod the COO adsAlan having considered and deliberateds the Caaolssion WMes ' the following finds of feat: I;- 1. This property* nerves as a buffer zone between Coast Highway and the single family residence in Huntington Harbour. +, 2. The property w111 provide water Frontage for each lot . r. 3. ftch property owner is purchasing 5, 272 sq. Ft . of property ., which he taken title to in two different ways; 49600 sq. ft. building site and 672 sq. ft . of common area. y FAch lot will have access to the waterways with exclusive use of 19500 sq. ft . at' the waterway for the purpose of Moojrlbe boats. Thft4fwe s by reason of the above findings of Facts tbi Co=lrslM rinds that: A. There are special alraunstances or oonditlone affecting Bald property s and g+ The eaoeptlon is necessary for the preservation of on- �. joyment of a substaotiml property right of the petitionero and 1 G. The granting of the exaeptlon will riot be detrimental to the publio welfwr or injurious to other property in the vicinity Ln whiab Aald property le situated+ Dated: sera ary o a-im ng omM ss on i y�: 'i9' d, ?.r�'; M•7�'.,', > , aiaR 'q1� ,; 4 �+ �', ;, r )'' :r4 irtr.@�" � r li"ri'�'��s' 4 i, r yr �E�! � �rr � „ ,• '�A1, .r� r� ,. ,Cry i i r � 11�,� ,, tom, �, r .ri I' .� y 4 .T�`7^•''id• �R7•'h 8i A .fix �y�'•d, y . { 04 r . N104010 such Pi211i11 Commission ! P,06 96X 10 CALIFORNIA 004 November IS, IL9613 ROM." W&YU AND CITY 000MIL PUMA" :- 004nission y: N t Conditional ftooption No. 68-40 Appeal ?"I ITAW1 Btyls, Killer, City Administrator peal Jonas, City Cl*rk Gentle nt The following infordation regarding the appeal of Conditional Zzoeptiaa No. 68-40 and Tentative Tract No. 6775 is transmitted for your reviews ;t„ ,t B. A. Berkus 1' 8430 Santa Monica Blvd. ��,,'• ' Los Angeles, California r : fit Moffatt A Nichol 122 W. Fifth Street Long ' Boach, California oo to rt Northeast corner of Admiralty Drive . e`er Highway #1 . r• Heau2sto To permit the followings r; 1. To allow a reduction in the garage setback to 20 ft . in deviation to the required 22 ft. front yarn setback for garages; 2 . To allow a reduction in the minimum front yard setback to 10 ft . for dwellings in deviatl6si to the required lg ft . Lotback for dwelling units; 3* To allow a reduction of the minimum goo sq. ft* of open space requirewont in the rear 2/3 of the lots as shown on T+T. slap 6675. Measoae aivea bX the aglioant t (In Brief To increase grater fratage3 and activity zoned living patterns working together to harnon,i, Aly provide an equality of amenities to every house in the proposed pima,. Otoff Rogannendations Approval of the 10 ft . front yard setback mid foF waiver of the open apace require.- Monts . Denial of the 20 ft * setback for garages entered direotly from the street . I rrairQ"::'' m_p.yin}h4'aM` :,-` i" '' .>l'�`1t•j�_..` ---'- - - - ----.�...._._.�..._._._ - GF�! �� 15 r r '�Y'' ' ,f;b.� }ril,:,� J�'' ry i � ft ' •�W p Ji7�' r y�(�`err 1 r F }`', 1 'A� `,',p1.: r !' i 1 ` "', ,' .. _ • ,., f"+ Lr;�'JJf7G gam, y,yf+wL'!'•:✓}{ ' Ir.r 'x+,6:_n; ,i •Y`,i�''r .. 1 , ^, +,: Of Y,VII f �U__Q ANAM Lions VIANNAIN 09misdion action, approved that portion of Conditional 1, *goon Not 49"40 upon the following condition s Tho fsiniftm trout yard setback shall be 10 ft. *sr yard netbacu of 10 f t . shall be pezuItted for waterfront lots tugs, and the 900 s q. ft. of open apace need not be provided. J. A 6 fte high moonr"y gall shall be constructed along the south side of Street A. rr 49 U the, streets are private, a lighting system shall be installed within the project equal in illumination to lighting an public streets. A lighting plea shall be submitted to the Department of Pstblia Works for approval. .1. Two fully sr closed garages shall be provided for each unit. � Said garages shall be equipped with automatic garage door openers. 6. All applicable City Ordinuaces shall be complied with. Approval of this conditional exception shall only apply to Tentative Tract Map No* 6675. f°• ROLL CALL VOTg t AFU s Slates, Lane p Bazll, Miller X0281 None ABSTAIMs Tom, Duke, Sokor 1 WgEnLiqni { ' 1 ' 1 . Findlags of fact with respect to the granting of this conditional exceptions as they may relate to the Zoning Ordinances and Subdivision Ordinance are attached hereto . I 2 . The Planning Commission continued action on Tentative Tract Map Ito. 6675 until action is taken by the City Council on Conditional 3Xception No . 68-kO. IRespectfUlly submitted, ii. A. Reynolds Sooretary, Planning Commission KAREjb Enc. i •r t 1 ,.d•'�l::Sup;•, . PROPOUD PISUMUZ; OF' RAC-7 Con4ltlonal Excoptian to the ZoW ng RegaU {,ens Ones No. 68••4 a F1Wouant to Sections 9830, 9832* 9832+10 9832.2, 9832 .3 ar4 9032* 4 of the t,untington heaeh Ordinance Code regarding the grantiriW, of conditional excerptions to tb* turning rergulations o haltakS been board In publIc he►arW and evidence bath oral and doommentery having beery Introduced,' and said case haV111C been ' jar;.• submittiid ror d*oision, and the Cownlssion having; nonsido red sM z delLb&retted, the Comission makee the fallowing findinge of fact. 1. This property serves as a buffer zone between toast Highway + and the single family residence in Huntington Harbour, 2. The property will provide water frontage for each lot . � 3. Each property owner is purchasing 50272 sq* ft . of property 3., which he takes title to in two different way s t 4-600 Ov. ft . building site and 672 sq. ft . of common area. 4. Each lot will have access to the waterways with exclusive � �,, use of 1b500 sq. ft . of the waterway for the purpose of mooring oats. Therefore, by mason of the above Flndia5a of Fact, the � ,• Comra1e810a finas that, A. That practical difficulties would o<acur to strict applia- ation of we provisions of Division 9 of the Huntington Ueaoh Ordin- ante code; i B. That wmecessary rrardships would occur through strict application 0f they provisl=3 oe Divialon 9 of 'ehw Ci�lri�lt��ti►rt Beach Crdinswe Code.- 0. Maulte inconsistent with ut�� genera'- pur.�oae and In- tent would occur through strict application of tic provialonb cf Mvislon 9 of tho iiuntington 13each Ordinance Code ; 0. uxceptivnal or extraordinary ai.rcum,Aan-,:e-� on conditions apply to the land, buixdi.n-s or pre-Aces involved.:, :)v to the In- tended use of the u.aMe that do not apply renarally to tale property or claw of u*es of the as" dl3trUt ; 'R i �CFof c3 ; 'h w�5 rN'i?•`, it ^vv i I � � ' • F{ , ♦51 a� •-�'. '` 64, 104. 001WItlonal exception is nocessary for %h* I +! ` Ors*wwabson aad onjoyment or s subnte ntial property .vleht; r Vo 1-01w crantinZ or the *om,11timal esgeption will not be xWrUlly dotrImental to the publia health, safety and wa,lfare or InSwious to the cor'oming lard, property or Improv+drmmU s la nelgWorhoW. at tho property cox WhIah suah conditLonal 09�- Ili:; •- 'c Okotloa ,is +sought j 0* the &PP1 .0 "ut is Willing and able to Onvy out the purpoxos for which the oonditional exception is sought and that he wLU proceed to do so without unnecessary delay. eo" Wiry a �ssnn�riR +nmm ss a�n ,.v A" `7 I r + •t �'1t?Iti j x, yp r ; i p a j r +'4eL• �{ ' �f 11 • 1 (y1'rr - h, .. ` . - ~ � df VA 1M•Ir }"1p 11 �+ ;' LI 1•, r y ; `. � .1 ,l,iJ, ) q, .3 6�4 low ' Y, M +,.• A •,',Yip, WIT P!0MV, TAYLt n bAjaz l z K C E IV p A"Oft"Srp AY Lew CITY CLERK 4013 0aurN OrwiwO 41FRORt CITYOF "UNTINGtON NACN,CAVF.� 00018 sea-?sue► October 30, 1968 City Clerk City of Huntington Beaoh P. 0 . B03L 190 11antington Beae.i, Cglifornia 92641 r> Ater Conditional Exception 68.40 Tentative Tract May 6675 .. hi'ha No. 2123 , Dear Sir: This Is to inform you that we have been retained by the Rmtington Harbour Property Owners ' Aesooiation to sp al the action taken by the Huntington Beach Planning v Coj*1mai,on on October 22; 1968 with respect to the above- reft*meed satteris Said Association hereby appeals said action under Articles 988 and 997 of the Huntington Beach Ordinance ; Code in IWentirety . Our check payable to your order in the sum of *75 is enclosed. This appeal., is filed before receipt of the written finding% &pd orders ordered to be made by the Planning -Conmlisloa oA October 22nd because off' the uncertainty of the meant, of •the term '!deois►ion, determination car requi lremes" i as ' used in Section 9880 of said Cole, so that US , appeal ,will be timely filed in the event said term means the s4aption ,of motions as distinguished from the adoption of written findings and orders . This appeal, therefore, is from the adoption by the Planning Commission of motions (1) granting the Exceptions refemed to in items 1 , 2 and 3 of Mr. Bonfa's Memorandum to the City Council dated October 7, 1968; (11) recommending to the Council that it grant the Exceptions referred to in Item 5 of said Memorandum; and (111) recommending to the Council that it approve the Tentative Tract Map subject to the applicant 's compliance with certain conditions . • l + ( 4M .i+u..'� !• '°V,�,I��Lad ll�lI1��,Mi,L� Cu Y. �� �, t .l_� v�[1 .. _. ¢. .. ._ .• '.e'. .1., + , a. .�',ti 'I.. ''.Q�. 1%i :! ;,+, ' to It lww i A �4 �i .qiv " If�', r �,o.. r ,,,, IJ' ,,, '•• \ ,•I}-CIh I i 5+,jor �f(rw M 'In,. .f'' F� 'r r•,7��„ NAI { o 1 d r •'r4K � ' w r 'r I Tbo grounds for the appeal are that t i) the action taken by . the F18MIng Commtesion On October 221p 1968 is not supporlmd by substantial evidence in light of the express requirements of the Huntington Beach dxdinance Code applicable ., thereto; (ii) trie said action taken violates the express terms of the applicable provisions of the Huntington. Beach Ordinance Cade and more parti.eula-,ly Articles 983 and 996 thereof; and Uil$ the applicant (B. A. Berkus) has failed to meet or comply Y with the applicable requirements of the Huntington Beach 'F Ordinance Code both aith respect to the standards established for the granting of Conditional Exceptions and as to the standards establishei with respect to subdivision prooeedings. We would be rateful if you would see to it that we are sent copies of- fi) the written findings and orders of the Planning Commissinn hereby appealed from, and (ii) the Notice of hearin;� of the appeal. If this appeal is premature because it must &wait the actual rendition of the written findings and- orders which the Flanning, Commission directed the City Attorney to prepare, please advi sae us as to the date a "decision, determination or requirements" under Section 9880 has been trade so' that we may properly re-file the appc al . So that our records will be complete, will you please date and sign the enclosed oopy of this letter and return 'ib to us in the self-addressed stamped envelope . V truly yours , Mucus E. Crahan, Jr . 1�C :mac cc; Von P . Bonfa, City Attorney Ken Reynolds„ Mmning Director -2- �Ms � , � �, s kl�� ,' �.. ♦,. }�,�t f'1 �',' {• �r`tie` r' � •V �. r ~ ,r, I, M, ��r ,.w 2 . , � 'yRtix ,, J,� � e rh r. IY■ �w w i ,I ;'77 '"A' 1 rr � { S_5 rl• rI �^ 'r ' + 1 •.r, �•�1�, f Y�. a '1 , ,l.r I y C If '� pF� � , � N , �. w• Y�' � �' )����lr��� nqy ' I ;ilip 1 w n rb� r r f. i l y � 141. r••YYggrr``''v r �T �' � 7 r r � { L 'r I r , IR,,,.,�.m'•,lycl'.°;f,Y , Alumodoto I K nr {, AAA 4 ''•i'�' W �t 6 v.,' 1 '• � � +', F i' le ' "qa r � <�t 1 J 9 T� { +77 , r }} I° 'r �rFi �x �i ra SO .4 !'' � T r ' •14;�! f; S V, i A � yJr a •�� r•�� 97; ' r. .... ` r r r 9349 ,11, 2"ved Fr `ice hyl. 1 - r A0. I. J zoa Mtp Q K 4 • ' Mt 1� mom r . I coo Door 31 del ze9"1 Banat? cir 91i rils1"010 wit ftiire DIlkeVA IBC H untimct"- baler Corp U ld be SeAtte 3 iti�.+�i►ire^111ir Go* 0"0 535 . eta► fair � �i 16 ' •l city 90005 h t • (ml Darkor Herbert Bushler ICS501 Ch�umel Ia 33 2 Bounty cir i"afsal . Calif �nl CM 011W it t R Harbour Cur!) Iwo Sera Wjufleld a 1:54 t tk P) 3261 Bounty Cir � � ,�' Cif ��� 8ar�t,�r` Qir 1l Citjr . a Rpi eI Lc 3141 'Saunty Cir Bow# Oir 014W C!ty3))2 ity hesald Goodell Rioh&rd Wosenber8 min 11418h ►M 33:)1 Bounty Cir, 142-54 asamte at. ! city Lekirada, Cali r Chbr104 *itt-e Cbarlee Abler Robert 41mea 16%2 Chi nne7 4 %t 25 Palos Yorde Dr, Vo M2 30unt'v air :. . Ctty "silos 7Ardeu Setatee, city Gulf! 90274 T"blim*%Aft& j+.�f Andrew Yelaer Donald Leefte _ eleDOX �:r 1 s~ 3321 Bow Cir 12 Aoun r Cir �.�• �rrX �� ��► city � city Jmm*ffjxdmxxx Arthur o . 1Iv John Tokaruk IW t Bownt: Cir 16511 Cbam*l La City city . rt , 4,^'t 1 r • y' Y is a I f`y'i K are �. +�'r�'lard t'�iah�Utfn N 8106 It. NODOMOM !feet T, burtoa �. 16152 OwwX Lno P.Oo at 495 2965 Warner Awe. City t . Calif. City "ti.Norip F. Lauter et rl flint Oil co :. -1471 seven tone `.fir. Mae" T. Oedow P.O. box $4 2 Tomi al A .r`.xry box 112 LOS Afteloo, CAlit . 90034 meet �. ih11l.t. Charles 1. Bright� Wilbert h., met at a1 aIA►tlngtarr lbrbow Co*p. Ott . I beet M Fla A 4241 Warro r Ave. x 70b rs �. Fort Won, Calif. 0437 Nmtioatam lM1rk r calif. city ' 90256 ChArles We Jones E'e�l ita+r P. Itldrirtr O� t. l'i t�pa t.r i ck 2" S. sarri top Ave a t l! 1+► F Kit+ �rla�► r. t San•*t &*ch. 4�61 it lee Aetrlee, Calif. 900410 Los I1nsetar, Calif . later R. ftdowe Arthur .1. lbrtin, Jack E. Wheelhouse 16x1S s. 23rd St. F.1r:. box 556 5032 Pomi cre City Sep►wt *"Cho Califs City "742 Hcrwn F. Franzc t !Lod- A. Thmme+ Barbara Nwrt l n 1 4b5 Pacific Coqqt Owv . p`q• Nax 355 719 Lugonla 5ttnaat &wbpCalif* &m eet • Beach. Calif. V*wpowt Reecho!► Calif * E 907�� 2 t 1 Jae F. C+�ley W itbard S G Arthur 2ci0� iN►:e t ??'�, I�th t. h�+Y Cities �pt�r c Co. 9�11 F. Grl�h s . � C�LiE Zau 792 Nsadert+��V�aYt � r OAL 4 ; Calif. 946" JA1* . Peb 'f. lieltawe .Tr. lv�rn �+ Liggett 2 er fit. Pool r Box 1 � �� 1` 11e. c lif. t tL 4l ' &$P. § 6e'tji totiE. Seal 9a7 Q Charles V. Schuto atom we Price P.O. sax +i3 &M"t h. C.•lir . �t� W. �� $�. 421 �. 2gth st . Mahe Lev o Calif. 92805 Nbetabe 1l0140CE l l f. 1 s. Osrrie" et el Uthar V. Nerruwta& ire Hens J& Ciar N 522 S. 19lc 17. 4 No CrZ:tjj6 145 U111r4a r. wt Sach 90742' Aited�at 9X0o1 Glendale, Caitf. 91204 k + y M all r 339 rt a. pralwir F" to N. for Cail'. ��► ! i• 1� 17 L. Malt 6 . romw .199 of• Norwalk, Calif. silos 9065t race Z, moo! LOU& Y. � Nethari if. Yea Cleava �3b�p 11�1iM� !mn as wd. laa ail 1637 26�th .�t r . Ca►lm Mlibu, Calil �fi� L6 w, sth St. 9r, ' 0e ft"Mir Calif. 9017 err �'art�rarsl+�n Warren J. thters some Leviaa �.�• 7��x �7l �1 No Nrr 1� 1 Us MAKn wa POO* ,t x 371� Calif. till N. testa Awr. knew Neat.h. Calif. 92651 �Lot elaas Calif. 9002�9 9676� mald Strain hack i. 1�wiarc .0. Box IDS Nrelan R. outlay at 451 $765 N. Ixsaa Aver. ,' SydneyK. lblbrst 'fs"14 C i t . Calif. 91780 !'� , inset fib, Calif. 90742 POO* sox 16S stmtat Bch, CA I I f. Olsen Rebecca Nadu 1 lam "a loox6� 16391 I. !Pacific Ave. Disnlii C. Stibras:er 'y ,0ftt Booth . Cal f f. 9t:'�42 Sunset Beach. Calif. �1 t4 Rio *iv,mW Ave. q��7OO Parpus , �ia 44129 21114xh duthar land 0. ltei tk Wood Dami 14 T. Clark H .Oo box 363 16382 N. Pacific Ave,. 2213 S. 914mer zd. ' *.test DeAch Calif. Sunset Beach , Calif. obonfe�, 411f. 92663 Oda 9074� iha S. Palmer Jack �a ire ngac�t Met'ate 1 lts•qv�t e 133 Oatla Lac+ d • "1 i "Iat Ur. 201 F.tiaheisp Calif. 92302 GLianlale , Calif. 91202 Los Angeles, Cmalif . 50U58 s v id f:. JotlttsCan Leslie J. Tho u& 2nd C• Ito► e r��11 iao�a % � .� 234 S. Cl"tctc. Ave. 11t:5 �. 5aim Antonio _ 3� Let Lin. �' on t e re Park, Coa l i f. Pae�anw. calif. 917 f 7 ►r d r Crave- . .alit . 41754 926�iC1 . Karol t S. Sadler osepb ti A Eta147 L05i 5. Pocifie Elsie Marty ,hxS�t� ch !i E 5325 Aussel v►o. Artsidi. Calif. 90742� Car Los Mgetas , Calif. 90027 16jome N. brown J. :11 i ear !!oaks• Nch�r t D. Starling _} �rdlrp tour Giif. hex SL93 16921 S. Pacific Ave. ! �6 4t universal City. Calif. Sunset Bosch, C«a UL 9074' 91646 a*rt lt. ftas*r I+!•.6. 1mir aam" s Coils ' P.•, 'l'..'5 - i 17y! 'a ! 'A,� �. . - + �\ fit^•+ I.1 r t t � -4� �� 'r• 1 r ,•f Kip t I; 1+� k�, k� • � 'l,rJf}�i :•� �{7�11�-�xl `i` t,1a' n'. • / 'b' � MI I ' I , I�y- � -- f°k f - ,.r� f J��:� a - . t - �j�:• )1y�'9c.;♦ .,la�a ",Y.v 1, �/ I•�� ; a ;, i , h -, r: 47 "r ,,y�r / fir •r �'i, Y�� rt i r ( l..l '.. h�4 .,• �� 'n�f �ry _ F) t _�•i' _ f mot - �'' �.r� '• •' - � �.j t 1...YYY"' I � �,�� ri;i+t s j ;. rpl�/) r (��,, � 1F� .A �•. , MalTT > 2: No 1 ... 1h'•h`.i�: ',xt�y''ti '.,J. �'' , IrA'•11."!*+ • �'1.•r •1 l L •+. �ti V ' ',;',//a �r{r,,;`•,fi��U ��'r••'f�,'4� L ,•�'�:�'� 1S f Y w f.•l f i�' f IV �y�I �'i'I',`.�+y�'ij�•i1, .`„ •.,. : r «e'.'' r•�w�lr'.',,« y; •�.;f. .i.• �.�,f r r,• .f ,,r k } 77 UvLox DA.,zi%Kzai4 ATTO R N Xrs Xt LAW 6Pa�q, 492 •out" APAINO STRWST Los *Qoia ' November 12, 1968 401ty Clerk -:sty of ftnt ington Besah 4 0 1 0 Runtlhf;ton Brach, Callfornia 92641 I, Re : Conditional Excepti..on 68-40 Tentative' Traot Map 6675 Our File Nb. 2123 '1 near ,air: Trl'hle ip to acknowledge receipt yeaterday of your post card nutlee of• public hearing of the- appeal wet filed with you on November 1, 1968 on behalf of the Ifuntington Harbour Pr erty Owneraf Association xith respect to the ,granting of 6nditional Exception 68740 by the Planning Commission on October 22, 1968.We have not yet received a copy of the Commission ' s Finds opt the Minutes of ita October• '22nd meeting. ' As you M know,�ation' 9800 .1 or your Ordinance Code 'requires that- tbe. Coaaafssion-r a deaidionrr shall be made in writing and submitted to the persons requesting theca within 5' daye after AO the deelsion is rode. We awaot effootively represent our client at the heariz� of ' the app*ia now'. s chedul.ed f loj �Tend Na irember 1IR8 un3ees we have •caplee of these documents before r .be and of thiA Meek. Consequently, we again request that you obtain eoplee l of these doewnents and send them to us an doon as potelble . " In ,addition,, as our grolnds for appeal rest in part on `. the facto and record of the wral promiedl hete+ft the Planning C+meeeiweian, it will be n beeear yar the Cc,l ar.i1, or a person doolgiatod by ' it to eat .an a hearing examiner, to review that reed in Its-entirety before it decides the ' appeal . Consequently,, we further request that the tape rwoordifgs of the various Planning Comzaission hearingo be made aft1lablo for hea- ring and review by the City Council on the 16th. J 1 n..• ./ 11e'� .` Y 1 i`S��l r09 , s'Iit, ,�� ,1r ►rrAA eA ,y ��� �1ri l ( + N ��.'� �i'(2•',; NI ����� � cam, .�, �lja' iy 'v r IL �y 4j I �v�• �, r�.vA J 'Y � PYt �'�? �1 I� '� i !, 'i 4 '�,i � �!;�7' � •.� � f �"� a 'M' � D 'AY�,�,, < � fi,•;iv 4� v� •M1.'�1�r( : •' +r, I � r�M.�. A � r ;a�"7'�; '3.' j�1 � •'�' �r� "�� J� I + A� + �1 ✓r • �'i' t ��i���� Y� 4►sy N f �,! �i �• r � s ',�� TV„ �"• k.: � ,�,� �w SM1A �f 4,� i,',, �. � ikk'+rp?:j P.fR� �rt�, � � w• �, y � Wti 4r �'`, n ry� ,.n � � ,+� t�� "�.�""4Y���Y` ;f`,�1+ 'Ge��','�r, •,rr •ti' err, i�� t I�iy +ti'�r ��� A'y , �� �k �y , � �n� r s4� ,� �il ari. �Rn@6r"i�.' �n�� * !� �� 1� �"����•� , HvJ• �.,�, � � vti,�• ••1 . � � � � .� � �*1T{I 111'q' ,.;tin,., '•4,Iw., ,�.vr�'.}A. '„ .. 'H j �aYY: I�l�r 'M o I'n Pixialiys we requevt permission to have a certified report•6160 p"s'etlt to transcribe the pr000ediAgs on r1; ? r r., qq ♦ �.' V ryY truly yours,, Marcus E . Crahan, Jr . i �C Q�Q•a 'r r '{ ce r lion P. Aonfa, City Attorney Yuen Reynolde , Planning Director ,I OP n� i 14 'r i ?' 1 �r +ps, , f V At Lw c as"" slum* J soz Xm%jA00R Saba 0421fornia 92646 ;;: CoaditIonal Ixe t, on 68-40 Tontoti" mot 6615 i PMoaad C flit ��omoll��Resolution 2022 POW o 'i 1•, loam W, ftoro i r4 'fit 11o" is sumdttad Porswmt to yow regUost a in su port of our ceitlon that tbo F ftftotl laxmIly deny the auC$tat corAmonal ice# ao **sorefte to adopt tho p ossd Rsral4tion 1r � any 11ab 11ty vhotao*v*r to tb* ayOtoant , S.A. 8arkds& mar bs t 1 oh "441 "At tht Cit �,. fte2v b" be" no filial 40ti"I b ! Camel 14 o*ro. * tlOR a Mt ar. bar' tco Counto at of tvs xt. 1c` . Flh bdti ► t of 'I ►'1�1ron w rR jaotlab off' a romol *1� a � NX01,014L.' s�rd to • o t to th+ ri 1ri � tbi li t I max � AL 41*16 ! 9800 Of th# &On*P&l pro'ria t0R* or YoI o s &vdm"qS states =U �olbtt#M�� o o� tl�r, Cyr*ton lat1ve mttsf �1 bs cw&j sAftmery, but its Ism in othev tt*ft Isush as Interg"Ung tho :2! rabis P v 81 of x4visleft as 9, passing an p1MS t%" to It to 4000rdanae hdrowlth, and the 41*- psoitIon of petiticas shall be blading andeffeatise, subjsot to appMai as horoinatter provIded. " 1") to CFMT ran ., C 4f ,�J V 1 , 1. h Sessions 9961-9961.2 of your subdIvisian ordinance � - "The Planning Comleeion �y r000�end tlrit the y- ounell authorise conditional excoptiens � to OV of tho requlresioants and rovdatios sot forth In '4 this Os oe. AgIleatim forAa,y ruar Ox0 eption shall pc► a o0#� 44 potitiam of Om 6041vIMO st�►t , f xly trio of the appliaation and WPA faots r4uss =� �p�n by ► potitloror, duos, position shall be filed aitb the te►ntptirrwt of the subdir119108 and required rin A ! of 5.00 sball be collected for the use and benetit of tbt City and shall, be deposits,4 in Its geaeral fumAs Is r' tear the pmerty referred to In the VoUtlaa to soar within thb rovIsions of this sestlon, At stall be 006itsoary that the Planning Commission shall fInd the lrolloe►ing facts with respect thereto a "(r) That there are special oirousatanoes or sondMons at-tooling said property. I I%b) That the esaeptlon is tweessary for the pxV8*rrat1,ap and enjoyment of a substantial property � r1ght of the petitioner. "(a) That the granting of the oxceptia:.4 rill nnt: be debariawntal to the public Nelfsoo or Injurious to other pro Psy In the violhity In Whish Bald property to situated. ftitk mop Via) In a ere oonnding such ezesptlonn, the fl ag C oMUsi ab 1 s c substantially the object Ives dt the "XIISSIfts to, whleh the oxeoptias mv meted, as to 33 1, NAP 09 the public health, satetp, avue+tnlonee, and 1(b) in resomendiag the autboritatioz 'or aaw ex"PtLAW undOr the provisions of thlo so tioe,, the fl Go mica shall report to trio (7-2 tr CoUReil $Aa amn attar SS pet tkoreto aced all l tO in COM MIOU =fA a tl smah *soeptions, and Wrhl speom"13J WrA l" not forth the oaaoption raoomraended ` wA the Omfttlens deSIgnated. " 61.4 - "Upon receipt of such report, the City Cowell W o by resolutLon, autborlsr this TlamLng Comisslon to approve the tentative wV witn th• osoeptl4m and eoWtions the City Council deeea n000ssary to sub- stantially socure the objectives of this Ords ndo . " _9- tR AWN 1` It is rpparent an the taco of the record in tus so" that, 4pparently because the Conditional sxseptiern was !'clod as a nesessam art of an application for oppyvvai of a) tentative taraot wpl, the entire proceedings were handled � adodMatratIve2y umer the Provisions of sections 61- 614 2 �.ather Wum under the proylelons of Sections 9830 ft seq. to 3; Oh the Pula stated 1n Station 9800 wound apply subject to , CIw al remoo stated in sections 9880 of s Thus it the f 1 Cem Issl m In its letter to tho Coune�,l of August 191P I. did not P � ar attempt to 64014e the ratter • b MWIt �ii the Couneil rove the application 416j at • a Sond!,tiw . In ad ion, they minutes of the CoOnall 's m*ting of Au Ust 19 t 1968 :;•horn than the Planning r d osign's transalttal was tt*% a final awptlon b ng but a resa wadation for tmil action by the Ct�unallo ;1=21, in t ado see with tie specific requirements of $"%Ion 9 .f mat the P1 gas Coamisalwn 's report must be adopted by a r If it is to be adopted at all tbwr minutes of sold 940hell wootlas skate that the motion Which was wAde and adaptod was a motion directing you to prepare ouch a resolution, and that said resolution state aanditle as in addition to those stated in the Planning Comlesion's sieport . Coins auntie until the Counaii adopts or rejects x a resolution awraMi C 1t1nnal xxcoptIon 68-40 and foatative .Tract 6675, there has beeli and cannot be any rinal action on the sa►Cter. i. The City is not estop ed to enforce its laws or take aviation under then because the Planning ComIssion approved the application, or baawause the Council indicated its InItsai "prorral of the Punning Com Lssion's recommen"tione in this oorneation, for *xem ple s r, P W ITS CA td 1st (in whist the 1y rap bola not es toppwtd to enfor" its bull,41ag set bask requlremonts despite the roars that the City had 1ssuo4 a permit without a set bask require- ant, W emstruotion had otimponeed and boon initial w �ated sd approved by the City w1 shout a ush a roq a t 222 CA 24 626 (in wbieh SDO county w" b*14 not • be estoppod to SMt a so* varlaaee bee&"* of its prior approval of a tontatsw subdirislon awep in conflict therewith) 3. The City to not *stopped to enfor*e its h-1 SWW VOquir Monts s aiaa! Pet-, Berkus because it gnmtod prior vw1laoras to bia mid luntiftt►on Harbour In other ease** ddkAkh 4 I� ;'11 r p in tbJ►s vonneoti rr, ter oxmVu s tb1 CA 9 tin v not r �n d t enre"s Its scents ee b'reauso lts plavaug Mrseter said It tre�uld b* Amem"d) gut 21.2min Arm ulf �� go . d ,►,,.. A fSSOPW tp mftmw W 2' *PdLtww. fte pwaam bo a* it had PrsVIOU830 popiftfted others to 04PNO is the *ms violation now sit to be, +�+� Other oa holding to the saw sweat on this sub jean ter: s . Ihm m.I.I.Readw, 41 CA $970 255 VS trl ►# f, Utz. or $ ��� CA yd ,. am Cal ot -at t C C . Cites �f �s , 53 c ad Nos r , So* also mmotatlon in 119 ALR 1509 Rev I xvia Ass n$ that tbo Comell's astlen et A t Its 101 R' K Itated a t l' action of r , th* !fit ( ! It is a tit tl1 mutt t►ar o�M amorm*0 bo 11 b "b &" ,,or% " , .+ ra�wti ► p Apt pitnt►od "Now ! ► ► t�t �i l �r elt'�+ar o#' t�e�re t1�s�� . �, w Be* to this eannratian, for oRS410: !K ? 9 CA td $• ae a. ld t a vet bad am right to sonslaw with a woolve dRrhwwymppmt p In whloh by b*d spot *"3p *M. for greaLft 110, IM&W a perlat isss*" by t1ko 01ty vm" tM p %jpert;r me sand d-45 s when the City later wasoned it bask to �t� 1 , Ii MY of •i , °V 1 y. &PAP jo §Ubulor uno 34 Cal PApertor a 040Y or w s a us hods in whish the oaurt hold that the My aoUld refuse to isaw y baild permits for the 0008truation of a hl vice 11p►d��t bouse s Gren though the APAM1110,41bleft w� ! sUah pprarits somplied with 611 applicable heir won* ;y *o4d have boom isaved Sawdlataly, an the pound .. that the City Counall was, In the prooeas at QonSjdVftftL the Imposition by oWnince Or a height limit on the property whioh wound have pre rated the voty builds cos n: ab be *rooted$ and the developers had alreMy i •pion$ or bee�oW# aontraptual obligated to spend the a of Approslawtely $18500 in a ditlan to tho 0"t, °` # o t the prove rty I represented the City of Los Angeles in the trial of both of there easoo, and bsliowe that they :ivarelq repudiate my sontentlon which Mro Bftkus has or Sht make in this case . For other cases its thla general area, see t Wbogt Yr 9SMtjJ 210 C 193 Rolex, V. AdSM , 180 CA 2d 521 ale ophi Ina. Y. i Antge!,on. Y. C t CounI 1, 229 CA pd 79 M- - ME—MI YJMLM 00jo Goverlmnt Code Seations 815 and. 819.2 stater: "Imeept ae otherwise provided by aUtUta r "Caa A publLe entity le Not liable for on !►WW7 mbar ; 84oh jajus7v4ses out of an oat or oadosion of the 'publla entity or a public employs* or my otber person. " (b) The lia°billt of a publle entity established by tbU prrt (som�ming with tetion 814) is s%tb jest to dny UxOdty of the #*Ila entlty provided by statute, inaludlng this parts cad Is bvb j*ot to and defenses that would be avallablet to the publie entity if it wore a private person** r JI J . yy r i _ t 1 / / Y o- 3. "oaf A public entity is liable for, LW%V ' � o MALI 0 do &0 or sson of an employee of pub o OF VN the so, of his employment it the offs of �pW " apt i` a thin so sblon, have glyea 91se to a saasb of adhon against tlhs t employee or his persawl Me� oA��t�vM . •^" "(b ) xxoopt as otberviss p=rowl4ed by statute" a petbUo oa%Lty is not Liable for an injury resaltiaIg ftm IN met or MOSSIOU of an eMPl+Eyoo of the publie ontlty where ' tho omp14W" is imuno from 11abil.ity ' dewrrntaent Cod# 9eation 818.4 sts:os t 8 - "A Publia entit it not liable #or aiusi�'�� e issu�alnoe s rs"=S " of, or by the r"iurw or r etusal to iss%w O r *r r sUdlor author*canon whor* the publ,lo entity or are l oat i at the public entity Is authorised by ons►atment to ftbandn e WWthor or not such authorization should b* Issued, derAod, suspended or revoked. " Government Code Socti" 8.18. 8 states "N public entity is not liable for an W too by an employee of th# publxa ontity whether or not mush misroprcrsentatl" be neplIgent od or "ttionai . " 40 09 went Code Bectlon 820 .2 stratcs t 10.2 » "Except ss otherwise prov14od by statate" a publla explOY -U—not llab2e for an 14JWY resuhtias to e ble 66t nor, oseiaslore who" the aat or oalsalon Sias %bo rosuat of the +fi r rllise of the Uscarotion vested in Met wbeftrr or not aeon aster b+e s�► o�l. " Government Code Seetiorm 821 and 821.2 ■tatet 8 1 - "A publio emplayee is not liable for an JLRI e F cau*t":f h1s adoption of or failaro to adopt an ematment or by his t#1lure to en fe"a an *nav assent ." an i o e 8 2 "A public onpurfa 14 not liable for un aas ills iss nano , defa #Y, susponstion or FOV064tion of, or by his failure or re-fu►s al to iscr:is , de47 , sl awmd or revoke , mW porMt , 21**n:je , aertl,fioate, approval, orftr* or sias'lar ouch ar lsation wrier* he 14 autherrlsed by e04012 al to d*torlrtne Whothetr or not such authorisation should be leased, Staled, suspended or revoked. L w k""', 'fin►-•-a . r w. fi Jv 0.1 As a result of th* foregoing statutory Immunities a Ro raalth+er me City The City Counol,l as ft whole , or the l' 44Vtd al MY 60WMd1lwrn arf noerx or mould he liable in ?" "Wwwwo for the &*prov" car di stppraral of the a ub j s of In addition to the►ei statutory ioaunl.tlos no citation ` Of iabhorit lr nec*se to su ;' �' • � pp�t the proposition that ;�a 1f the 41t3F p sly *xeralsbs its 41sor0ion by dxsapprovIng ►� th• nor►kus App1 odtion in its pr4sont forn wmSor th• facts now Were It no 11"111ty in 4smag s, could or would #mue frarm such satLonnw . r e ed o t • • d no-row'dean J Off' leoMe n 9860 of the general prowlMlone Of ybar Ord ftmo* .j "Appeal mW be reads to the City 40an611 from My �4.,. destalen, detarWxatlon or roquir vernts of the 11.a Ing Coswriseies b Blind notice Rhwroof in writing withthe City Clerk W thin ton (10) dqy$ after sash decision' nr dotesatnatles or requlr meet is wade. Such notice shall set north In d&tail the astxoa and —O-U nda by and upon whimh the �p2le►ant or interostod party deep% hUW90 aggri,a,r�rd. U WW Wo "detest , ation or 14441rov eats* used hbo"iel *16bt b! 104*644 0MOvad to man No 40tift Usk" olp QW . f comas ao ba&&�etrr the 1 "tam tfu � rein is t Meter A*sn ale ilea iAetian, 4 d1a1k 1 a+ft.= a an Irso dateoldwow n6twe ca b 40 #melt a 4 111a0 0a Wht4ft U ,. a "C W1 a otire ,iiAt �► mil it 116 titidd by l�itil► sty in * City CpWl1� 3►9 r: our lAtervP0044108 or 26" 401006 400 463e Ms +you* it et armed hx fts ftett that: jjj7tM M ,na I** ar r eodrewnts"Wo oaded ( so 0 we bane" r�►b•tria1+r�l 1A them 0410tion t7 she u "Mateo►"i and Cb) the spetion ie 'g er the general lstv*tivs prrossslons Of ,shottr 98. and ro (1) nut wo stay in We td . e dpa4dax and speeiria p"ais aao or 00UM 99 oaf a b d+raline with subdiv,141ens ra"110 rations 9 -9961.2 , and (a) av ;tether e g "ftad land, we believe , P*atr%eted) by the language of Section 9500 stating 1n effect yl 1 a•, • 1 r I it. that kdeoislons'-, (not uex*ly "deterodmatlorrs or retuLrobents") of ttw PuAning Cosmhission are final, sub jsot to the appeal previsions of said chapter 989 Sw ovor, in our ease, the Oita and the �lloant #o��o�d "dw o met forth Ln 3e0tlous 99161-�99d1.�� As a results �r 106 d IWIP was not and Could not hove b"A 6"olded* by the ! � Camllssldn but had to boa and was , subs+ttted to t •1r, { Gltf 06=012 for final d*aision. As a result„ no 199P W to the Counoil was ne6essuT for the simple reason that lobe Nattor k" to be presented to the C06unall for deaislon whether or not on e2 had been filed under the , OW My Mr. D�rfctYs. � Alo�aadrtrs f411ar►red by th �. Respectfully subw,tted, TAYLOR i BARUX •a Attiivneys for afteeted Protesting Property Owners 1 • •YI r•y yS�I r' 1Q I I.II' 1 ti r 1 1 1 r 1 Qr ,.!"� ",.,','fit. • , 1• ,x.. y'A' :f •, �,.Y .'ria ���,.i�YJ}r,1',{f•, ,• • h ' ' '::''"'• � n , .?��1 4.:' i 7 NRAMM KT Publfgh -- -I F PostcardsVI y � r F LIC I IN IT W40 O 1C� IS HY G th • pub i h r ftl be held b,� the City c 1 the C y of Hunt r ton in theLbuccil • H i leach, the r_. of f. 4h e� f the C i, c Centel') urn , g, a , �du 2030 wrr. p•M• ,., or as soon thexe 464 :as pass e, the 1 clay of the purpose of y F � J E. c sides an appal to , avant by s a City Plasmas Comiasiosr of 06ndi.tional ftaeptiona , as follow: J' t 20 loatim 9106.1 of the bmtinSton beach Ordin eas Coda by alL wing a z6lueti= in the p rage sotback to 10 fe#t, in deviation to tbo L*qm4-. &rd 22 feat front yard setback for g ar ON; Section $103. 1 of r tie tLost" �arh �in e Code by � a reduction ilkthe "Aimm f *mt setback to. 10 feet for dirl ins in deviation to t & Irs"tnd 1lord fees set:Wwk for fte11 units; dectif 9103o3ol e dke bmtImAtcm Naar Miasma 11ode AlUmUS a rodwtin of to Square t of space V ut�aisnt to the �C S � ter •s o on Testativo Treat ii7S 1 fecti 904 040 t. tm, of the Mmti on Bang ip a Code is alUm �tLOA LN the minion lot s" and f�Otago to an 4WOWi" o a i! sire feet and feet te"tivel to derlatLon to do, WON 6wire f t 60 foot og and said p ► rMM� os t� O*rtkaaat eetiarer of #drisolt ;Tv� a w �. 1. A 1 d iiplti" Is on f�,ie in tha PI A Dap+srtrsart All int=rts ted persons are invited to attend said nearing and express their opinions for or against said � �;B,�b • Fdrther information may be obtained from the Office of the City Clark. OATZD.- 111#1 C I TY OF IM I NCTON MACH p• �� C lstk�* C �•� �' __ .r . ,...__ ....,..,. �'.,.. .��1'�►'SAl�t`�'�4'��' . . .liltc f.,, .t�, . ..3ira,.. � -- ---y -- --— ----- --- - - Wor}y.��,", IV O\n z ass Asia III led 1 10 42 5 „er .ti rr OFFICE MEMORANDUM TO Alicia Wentworth, City Clerk ' s Office Date 11/4/68 FrO"n Charle3 J . Liberto, Deputy, City Attorney In Re Conditional Except . rho . 68--40 The notice of public hearing for the appeal of the above conditional a;taeption should concern: 1. The granting by the Planning Commission of conditional exceptions to Section 9106 . 2 of the Huntington Beach Ordir.anoe Code by allowing a reduction In the garage setback tc 20 feet , in deviation to the iequired 22 feet front yard setback for garages; Section 9103. 1 of the Huntington Beach Ordinance Cade by allowing a reduction in the minimum setback to 10 feet for the dwellings in deviation to the required 15 feet setback for duelling unite1 Section 910.3 . 3 and 9103 . 3 . 1 of the Huntington. Beach Ordinance Code allowing a reduction of the minimum 10 foot rear yard setback and 900 square feet of open space re- quirement in the rear 2/3 of the , lots as shown on Tentative Tract Map 6675; Sections 9941 . 4 , 9102. 1 and 9102 . 2 of the Huntington Beach Ordinance Code to allow a ire ' in the mini lot size and frontage to an average of square feet and "feet respectively, in deviation to the required 6000 square feet and 60 foot of frontage . 2 . The recommendation by the Planning Commission that the City Council adopt Tentative Tract Map No . 6675. CJL: bc APPROVED AS TO FORM: DON P. BOX FA City A By r CHARLES J. LI RM Lle" city Munw a i r. 00 Ik 20 August 1968 TO : CJ ty Council FROM : City Attorney SUBJECT : Resclution Coz►ditionally Approving Tentative Tract No . 6675 The attached resolution sets out the conditions of approval , based on recommendations of the 1 Planning Commission as amended by the City Council , for Tentative Tract No. 6675 on prop- erty located on the northeast corner of Ad- miralty Drive and Highway No. 1 . Respectfully submitted, DON P. BONFA City Attorney DrB :ahb Attachment I r T '•IN � �I�4•� 1. � 1' 'FAYLOR & 13ARIiFR I ATTORNEYS AT LAW ,S] •:JUT!i !.PmINO 5'sPEET LON ANGELES 90013 ft4•7M77 I, August 30 , 1968 City Council 4 City of Huntington Beach c/o Office of City Clerk P . 0 . Box 190 Huntington Beach , California 92648 Re : Conditional. Exception 68-40� Te:,tative Tract No . 6 Our File No . 2123 Gentlemen: We have been retained by property owners In the area affected by tre above-referenced Tract and Conditional Exception. We have reviewed the official Files concerning this came and have been advised by your Clerk' s office that the Resolution formally approving the Exception and Tract you ordered prepared on August 19 , 1968 will he considered at your meeting on September 3 , 1968, at 4 : 30 P .M. Before you consider or adopt raid Resolution we woulw like the opportunity of being heard. Consequently , we request that you permit us to appear before you anu argue the matter on the 3rd; and, because many of the affected property owners in the area would like to be., present , we further .request that you delay consideration of the Resolution until. your 7 : 30 P .M. session . Wculd you please advise us by telephone as early as poceible on the 3rd as to the time you Trill consider the Resolution so that we may inform our clients and arrange to be present . V truly yours$ S I Marcus E. Crahan, Jr. ao: City Attorney Direetor Gf Planning A. Berkus ,y 1 I I 1 ♦i. 11,.L r 1%L64.111.0 CITY CLERK t• CITY OF HUNTING Tr,N 6EACHO CALIF, � � c 1 TO: '1W, CITY ATTORNEY AND CITY COUNCIL FOR HUNTINGTON BEACH: II ' it t� ' SLT.� L�lENZAL BRIEF Ot—I "` DETED LR, 4 CORNING— . 'F A e CTTr=. NO. 68-40 I 6 CONES NOW the Developer , HUNTINGTON HARBOR PROPERTIES , 7 INC. , a California corporation, throagh its Applicane, B . A . B BEWS , 8430 Santa Monica Boulevard, Los Angeles , California, 9 and respectfully 8upp3.ecreats .cs rarigina 1 Brief on the above 10. entitled matter , for re,ilav by the City Coutcil and the City n Attorney for the City of Huntington Beach. f. 12 13 .1 FACTS 14 • 15 A .review of the Briefs submitted by certain of the home- 16 awners in Huntington Harbour , a vall as many conferences with 17 the City Attorney for the City of Huntington Beach, has brought I8 new facts into existence, and o2inions have been crystalized ir.- 19 to fixed patterns which can now b�. submitted for. -review as fol-• 20 lows : 21 1. On August 6 , 19689 a meeting was hold before 22 the Planning Commission, in which Coaditional Exception No. '23 68-40 was approved. In the 'last Brief submitted to you by the 24 r undermiguad, a copy of the Letter of Transmittal of August 19 , a 2#5 ., to the Mayer and to the City Gou1-­�il, was attachta;. as an Exhibit. 26 ; n, ere is attached hereto and marked as Exhibit "A" a copy of the � 1 27 Minutes from they Planning Commission, dated August 6, 1968. Bg There appears to be a question, which will be discussed et length 29 latar in this Brief, as to whether or not the Findings by the - 30' Commission complied with the Code Sections (and , incldentplly, 31 which Code sections they were supposed to comply with) . This 34 Exhibit "A" spells out in clear detail (three legal site `t vhh PIL ' 1 y 1 typewritten sheets) what wui; requested in the Permit , the state- Z ments of the persons in favor of the approval of the Permit , and 3 the persons who spoke in objection to the Permit. Please note, 4 on page 2 , that the Commission specifically said tLat the Permit 5 � was approved 8 "FOR T1xE FOLL01.1TNTG REASONS : " 7 "I. PROJECT WILL 3E AN ASSET TO THE COMMUNITY." 9 10 11 T Y 2. . THE COMMON AREA IN' CONJUNCTION WITH THE I,OT. 11 WILL MAKE EACH LOT EQUIVALENT TO THE MI:,7DfiJM ST.MAnS 12 USED IN HUNTINGTON HARBOUR. ( 13 f , 14 2. An analysis of tha Conditional Exceptions requested 15 by the Developer is as follows : 15 A . The reductions in the garage setback to 20 ' in 17 deviation to requited 22 f t. 18 B. Froric yard setbaek of 101 for dwelling in de- 19 aviation to required 151 . C C. A minimum of 10 ' rear yard setback with reduc- tion in the 900 sq. ft. open space requirement in rear 2/3 of lot. D. The reduction of street widths cu l-de-sa eb ' and right-of-way as shown on Tentative Tract, No. 6675 . 4 E. Lot size ' to average 3330 sq. ft . with 37' of 25 frontage in deviation to required 6 ,000 sq. ft. and 60 ' of fron- Qg tags. 27 3. Items A. , B. and C. above all apply to the zoning ' law and ia,11 under Administration Article 983, entitled "Condi- t i0f,� 1 Exceptions'i . 30 Under and pursuant to said Article 983, the appro- val by the planning Comuission would have been sufficient for 32 the Developer to commence with his construction, and no hearin8 ,11 . I ; would have been -aeeded 'before the. City Council in order to obtain 21 an approval of the Planning Ccmmis s ion ' s findings , In other 3 words . if the request by the Applicant herein cons is t.ed of itetrs 4I A . , B. , and C. only, then no City Council. approval would have ` r b d.iss i- 5 been necessary, and in �rdc. , for an .rppe.a 1 to be made y a 8 dent landowner , a procedure under S-ection 9880 of. Article 988 of 71 the Hvinti,ngton Beach Crdin.ances viould need to he followed, and I 8 the dissident party would have had ten (10) days from August 6 , in which co appeal the approval of those Conditional Exceptions �.0 listed above as A. , B . and C. It has been ar; •aed (and will be discussed at E' . 12 greated length later in this Brief) that the findings which : re 1*3 attached hereto and marked as EXhibd_t "A" , as wall as the Letter 14 of Transmittal of August 19 from the Planning Commission to the 15 f City Council, are not "A DECISION, DETEPxixIrT.P.TION OR REOUIR24ENT" ' 16 pursuant to Article 988, Section 9380, which is the Appeal Sec- 17 tion. 7n other words , action in the Minutes and in the Letter of 2.8 Transmittal,, and at the hearing can August 6 by the Planning ,Crm- 19 mis s l.on was not a Decision, a Determination or a Requirement 20 which could be appealed, 21 The Developer asks but one question of the. City ' Attorney and of the City Councils i IF TFE ACTION BY THE FLANITTNG CC`•_V=?SSIOri :) 2411 WAS NOT A DECISIOT3, DETMINATION OR RE- I111{ 25 UIREMENT, WHAT WAS IT? �i�+r� � l ■ . ■ .w nwrrl�i 261 I 271 guar : Suppose that the requests A. , B. and C. 281 had been disapproved by the Planning Commission. Then, could the aq i Developer take the same position as the dissident lnndownera 30 hare, and nay that there had been no Decision, Determination or 3X Requirement mad& by the Planning Commission, and therefore , its 32 time to appeal never started running, and it could appeal five • -3- 9ti✓ '? sAll Y . 1 yaars from row if it ^hose to? Could the Developer have turned 12 to the Planning Commission and said to them, "Your. 'Minutes (Exhibit "A" as attached hereta) and your Letter of T:ransmitcal, 4 and the ent..ire hearing, are not. a ' Decic:0.on, a Determination or 5 a Ren,uiremerit ' under and pursuant to you-., Article 983 , and there- .6 fo.:-e , -do don' t have to appeal within ten days ; as a matter of 71 fact , the entire procedu-_e of tft4 Plarning; Commission was impro- 81 per, because no 'Decision, Det;e•.:mination or Requirement ' was n met d "? 10 Obviously, this position would seem untenable , 21 3nd if, in fact , it is as untenable as it seems , then it must 12 apply 'to both the Developer and to the dissident landowners 13 4. Item D., , as set forth above, is a subdivision prob- 14 lem concer+ring the Subdivision Section of the Hunt:i.ngton beam 25 Ordinances , Article 9905 , et .seq . � 3.6 5 . Item E. , sat forth above, is a combination of both 17 the subdiva.$ion and Planning Commnission areab , and it would ap- 18 pear that both Articles 996 and 983 would be in control. lg 6 . Whenever Article 996 applies (item D. and a part of f 20 item E. ) a vecommer.dat:i'on mustDe made by the Planning Commission wl ( to the. CityCouncil,C ncil., which recommendation rnusr comply with Arti- ' cle 996 , and which must be sustained -by the City Council, Thus . .2311 we appear to have a s ,tue=ion . where the Planning Commission 241 could have approved 983 without City Council review,� pl y 'but as to 251 items D. and E. a recommendation had to be made to the City 25 Council. 97 7 , It is to be noted that the Minutes of August 6 and 98 the letter of Transmittal of August 19 include all five items � (A. , B. , C, , D.. and S.) , and that this ent::a smatter as a group , 3d and conglomarat+e'. was acted on by the City Council (the position .311 of the PlanningCommission bein confirmed b said City Council. g Y Y ) ,, 32 and on August 19 , 1968, on a Motion by McCracken, the Council -4- ittwu,; , r. it 1 '1 S' y y'n I sustained the P'lannifig Commission and directed the City Attorney 2 to prepare a Resolution approving Conditicaal. Exception No . 68-40. 3 The City Council, in making said approval, utilized its discre- 3 tion and experience by amending the Planning Coa hiss ioa' s appro- 5 oval with one addition Exception, wherein the Developer could. make 6 P.o request for waiver of Racreation and Park fees . 7 i POSITIONS OF PARTIES INVOLVED 9 10 Basal upon the above Ji.;-icrs , :it now becomes necessary to review the positions of the vari,:,us part:.es involved . For the ill purposes of this Brief, I have divided the parties into 'three 13 parts . PArt One is the position of the homeowners in the sur- 14 rounding area . Part D-jo Is the pc:;.ition, a z the undersigned per- , 15 eeives it, of the City Attorney for Huntington Beach. Part Three 16 is the positio . of the: Developer aF interpreLad by the under- 17 signed . 181 PART ONE 191 POSIT-ON Or Me'lEOWNERS IN AREA 20 f a as attorney for the dissident landr.wmers Mr. ,,r loan, y , � ) char�atterizas the problem b y saying in his Brief that if the mat- � 92 ter were not 4 subdivision problem (Article 996) , then no recom- .fit j mendation would have been made by the Planning Commission to the 94 City Council. Tyr. Crahan argued that if Article 983 had been in , 25 , control, it Boas not require a recommendation to the City Council P-S (it allows the Planning Commission ' s decision to be final) , and I 27 therefore, since a Let#UpT of Transmittal was sent to the City 28 Council, the planning Commission treated the entire matter as if 29 it fall, under Article 996 and all Sections pertaining thereto, so and any Appeal by the landowner or the subdivider , must be pursu- 31 ant, to Section 99?1, which applies to Article 996 , anal not u%.der 32 $section 9880, which applies to Article 983. h i r ' 1 I Mr . Crahan further argues that Section 9961. 1(b) says ,2 that the Planning Coiw..ission is to issue a report justifying the 3 Exceptions with its Letter of Transmittal. to the City Council. 4 fir. Crehan argues that there was no such report made 5 justifying the Exceptions , and therefore, the act of the Planning 6 I Commission was Lncomplete. 7 1 would like to take this pint, and s-uggesL to the City 8 Attorney and to the City Council the following question: 91 ON AUGUST 19 , 1968, WHEN THE CITY COMIC IL 10 MET TO REVIEW THE PLANNING C0101ISSION' W 11 PROPOSAL, DID I't' HAVE BEFORE IT MERELY THE 12 TR.ANrMITTAL LETTER, OR DID. IT LEGALLY nVE 13 BEFORE IT (EITHER CONSTRUCTIVELY OR ACTUALLY) Its '14iE MINUTES OF THE PLI0 N ING CO101IS S ION 4 , 15 tt(EXHIBIT Att ATTACHED HERETO) , THE APPLI- CATION OF THE DEVELOPER, THE FINDINGS OF 17 THE STAFF AS REPORTED TO THE PLANNING COM- 18 MISSION, AND ALL OTHER ZTER-OFFICE COIM-S- 19 PONDENCE --7EN RF.AD 1`OGSTHER WOULD HAVE 20I C 0IT 1ED WITH VAE PROVISIONS OF EITHER 21 ! ARTICLE 983 IR 996? J 22 I : would appear that Mr. Crahari s position, in order to .23 aid his clients , would be to totally overlook t~h-: fact, that Lhe 24 files and records of tri Planning Commission are always available I 26 � to the City Council, and thst it is the City Council 's duty to II � 261 be apprised of all documents and all information within the files 27 of, tha City, especially whet, they are in the internal protocol 281 control of the City Administrators . It is the Dev a toper' s pos i- 29 tion that if the City Attorney would review the Application itself 30 the Minutes of the Planning Commission, the Letter of Transmittal, 31 and the Transcript of the proceedings before the PUnning Comm{s- i 32 sion, at both the July 9 hearing and tha August d bearing, that R } ' r 1 II 1 1 he could not abide by the zirguments given to him by Mir. Crahan 2 that the findings were not complete and in conformance with 3 .Articles 996 and 983. 41 1 The Brief bythe d-ssi.dent: landowners goes on further to 5 , say that since no findings were made ,justifying the Exceptions , 61 therefore, no act has occurred upon which 7 (a ) The City Council. can act ; a (b) From which ran, appeal can be taken to the 9 City Council of the action by the Planning 101 Commission. 11 Based upon this reasoning, Mr. CrahRn takes the position 12 that no appeal time has run, an that he is entitled to appeal 13 the findings of the Planning Commission within ten days after they f� 141 make their report, which he now feels has zot been made. In 16 ether words , the action o+ the Letter of Transmittal, to Mr. 16 Crahan is not a report which started the appeal period running. 17 Hence, he argues that since no report was made and no appea i. .181 period is running, there is no Guthority for the City Lour. cii to 19 even review the L'ot:t:er of Transmittal submitted by the Planning 20 Commission. 21 Query: Is it possible that the City can take the posi- 22j Lion that its own protocol and internal directives cannot be con ''231 strued together (the Application of Developer , the Minutes of, the 241 Planning Commission hearings of July 9 and August: 6, the Trans- E5 cripts of the' tapes of said hearings , . and the 'Letter of Transmit- 6 and that one document: must include all of the findings? 7 U THIS POSITION THAT MR. CRAHAN TADS IS CORRECT THEN WHY HASN'T THE CITY IN THE ?BAST FIVE YEARS, CON70 MED WITH THIS N.EW INTER= CITY, IN ._�1111 YYYYY/ i�Y N+i ilY�� YY i� ■ YI1���1�1 Ii�Y��Iw1YlY�iY�111W� 291 PRE'TED PROCEDURE? 30 A review of previous Conditional. Exceptions of this 31 1I vat-ire handled by the City of Huntington Reach for the last fav 32 yeara , ind ica to a that no single document coma i ns all of the I .M I 1 l findings , but that: for purposes or review, the City Council has relied upon all documentation filed in the C=dit:ioaal Exception 3 cases . The q-aestion ' then appears to be : "Why should we chl.xige 4 the procedure of the City for this particular hearing?" . The I 5 answer appears to be : "Because INL". Crahan ' s appeal time has run . 6 out , and he would like very much to have tolled said appeal period 7 by any means or argument available. " 9 PARrI IC T C T TI" ATTO :i'rEV S POSITION 7. The City Attorney appears to recognize that Mr. Crahan 12 does not: take into consideration t:ha :.fixed nature of the Condi.- 1S tional Exception requests (A, B. C, D. and E. above) made b P q Y 14 the Applicant Developer herein. The. City Attorney further recrog- 15 nizes that the Code Sections do not provide for mixed action. 16 (By mi!:ed action, we meGn actio.. which requires both subdivision 17 provisions under Ar;:icle 996 compliance, and administrative pro 181 visions under Article 983 . ) Conditional Exceptlo-a requests here 19 take on a mixed nature ; yet :here is no mixed Code Section in the 20 Ordinances of the City of Huntington Beach which, takes carp of 21 the problem. Thus , the City Attorney is confronted with a uni- 22 que question, and has :.•wo places from which to dram his position,. .231, Iliese places are: 94 (a) Precedence ; and 25 (b) His own ingenuity. P25 Under the question of precedence , it appears that the � 271 Letter of Transmittal, together with all other documentation in 281 the Conditional Exception file, has been the only "report" which 291 has been handed to the City Council in such matters . To the 1 341I present time, it appe,-ors t:'-.-t th:�s "report" has been adequate, 31 except that logic would dictate chat both the requirements of I 32 Article 933 and Article 996 be completely spelled out. i r4i v 't ... r 1 1 I It is the belief of the Developer that if the City ,Attorney would 2 review the Transcripts of the hear Lngs , as well as the Appli.ca- 3 tion of the Developer, along with the Minutes of the Planning 4 Commission , togethar these docua-..ents would more r1inn adnquateiy 5 , answer the prerequicii;es spilled out by Articles 983 and 996 . 1Attorney 1 � � Should hou�d ut-�e Cj,t�yt A r.torn��.y take the position that all of r these documents together should be placed into one angle Letter 8 of Transmittal to the City Council, than, in effect, he is stet- 91 tng that rbe findings by the Planning Commission are "a Decision, 1011 Detetminat.ion or Requirement" , and that the time of appeal has 11 run. 121 uer ; 1s _t possible thy=t the City Attorney will argue 13 tt',cat word.-Tmg such as is contained cn page 3 of the Minutes of the 14 August 6 meetiug of the Planning Commission (Exhibit "A" attached 15 t I here�o) , which states : ''l . The project will be an asset to the cormunity,e 17 ?. Tho eo:-vzon area ea ;n con, unct io:i w iLh the lot lei will make each lot equ :.va lant to the minimum standards 191 used in Huntington Hsrbuu,;," .0 I iir. aot a "DECISION, bETERiK14,NZAT1C1`T OR %EQUIRMENT" Linder the 21� appE.al provisiono► of Section 9880 or 99717 •23 �+ PART THREE 1 241 DLVELOPE7 tc 1 � POSITION i 25 Developer has divided his position into four different 9611 sections. The first segraent deals with the question of appeals 27 P and when they should cor► r4ence. The second section deals with the na question of whether or not an actual report was made. The third 291' section deals with the actual moral �estion of w.iether the it ti d q j ,I 34 �1 dissiderit homeowners have been heard . Finally, the fourth sec- � i� 31 tion deals with the question of the Developer s rights if the I conditions were reversed . This last section, stated in sLmpl:er 0.9 !AY 1 I I I li i 1 terins, meeas that the. logic cf lo=h pazrties is reversed, so as 2 to apply to the Deve?_opa . :In ai:her t,iords , in- the Developer ' s 31 last: at gumelit , an assumption will be mode that the findings by s n- Y ' 1� the Planning C�mm1S., i.on tees:a aea�n5 L the �7,..� lo;�ca:, rather t:har. I 51 1.n favur of the Developer ; a.-d i-,-Mt position the Developer would 6I then be placed in :.f ne had to z:ssumc Che arguments of vir . Cra-- 7 ` ka'.:n. 8 SECTION ONE -- APPEALS � 9 In normal court accions , as is common knowledge in 10 , "horn book" law among att<cr eys ; ,.7hen the lower Court hands down . 11 its decision, a certain :-; pea 1 r�er iod for the vx-ac dLr�:g required y a 12 1 b an appellant is 'aet forth the the 'Jude Secti.un,s .end must berp 13 strictl, complied with. the lower court fails to make a judg- 111 ment: which is proper, o:. fails to mace a Judgment which is ads:- � 15 qua te., or fails to crake a judgman t. which is complate y or- in any 1-6 ! Qther 'l.'111(leY makes 2 J .IdLLaeS'lt: t.Cl_cll the .1.4 .LS ZS in i 17 correct , theappellant c :�t nc� tulle the arbitrary ?csition that 18l the '.me for appeals , s waived or ext _nded or changed. The ap- 19 pallailtr must still fulluw the ru 7 es set-, forth in .the Code Sec- 1 tions and Pursue his appeal dill,gantly and timely. 21 Developer believes that in the instant case,, the positiu or :he Fl ;nnin r Commission under and pursuant to wade Sections �1 9771 and 9880 , is the sank as a lower court, and that an appeal period and proved.-ire has been set up in said Sections which must 25 be complied with in the same diligent , thorough and timely man- 28I41 ner as if either the Superior or Municipal or Suprema Court of �i --nLa were involved . Article 9€ 8 , Section ontre State of Califo& 28 ( 9880 (which controls the first. uhree requests of the Developer l 29 for devlati;�n) and the appeal partod in Article 997 , Section 30 9977, (which controls the fourth request and a part of the fifth 311' .-::quest of the Developer) both set up a ten day period from the i 321 ' date that the PlanningCommission makes its "'Decision, De� ermi�- � 1 10 X nation or Recui::e::tent" in vh:.ch to appia,21. i 21 Cartainlly p thk., fcr the U -,hapi)y 14ndowners -wan- 3 not properly �:i•.aue chat the, tC-1-n -.:1.I_r •)c.::a.od ov appeal is extended � merely becausu h(., Joo.; not mnc':,: by the I J� II P 1.Dan:;11 17:i1~1 ion cis C3 ✓'l C)?�� � C:;iUi�0 zI t;.t'.o7:r,e 1.I1 aT..1 Y ` court oA`. coraniLc: 1'. a 1 u 1u iL i . .:`u Jy it^ ce s: rneyu;• 5 C.iC -a.7 1 co ri I' a-r -rutient to ii .JuG ;;i [';1710 C1-C: 1101- j):CC1+��'.L""�_�' �1G'l^L1i�lE?11t: 11�.s kle18tllC3iat. l I I t3 ' The uci:;;c rti: no 17.c w (ioc:umeilt ed , would IA-lave to be II • , appe:iled .t,l'oTil �� I t,h.u, 1r1tc L. mil.' _o, �h vrids r. I.he rules . This 1(� r� I�I 4 same sir_,iat.:'i.on i��7T� �. A h—."... �_:� l� c T*Iho, I-Ilanni, o- ss +] i C 3 iZ .i a �I, �;C7TI!I 1. s j_U 11i hanu3C3 Onw-n vlhaz r-1-i&v -L. - ���,.r.. _. ..-_ ---;_r) is repo.-t; and finding. It: certai;t.ly fol." with`.- t:h(-_� LL..ti4 ,,peal Section, :t; I which t:hzt. the a "Decisir,:n. Dat~ar a4 i;�:t or t`Z �.cAu W�- ✓::: Llfr" . i'?:�: 1� :.-•�.. o:-cm ir,n would ij nLive: hzv(-- handed l� JfC _ 1: \'7..:. V'1 v. .r1 (the ame as 1� i! no r_ourt Cvoi-Ild have ha:.�:,�a do,M, a thn"- it felt i 1'7 I was .'r:. n,,- : '��r.1 there:co: the .:nh- ppv 1,� - ��'�.:�•�-s c-rizot extend o„ .....r C+7. ' Od nor-,' I � - c — 1 y � . .. d .• :: ... .. ._ l L..iClrl. LC�e C1Lc. -1.3i: L ._ _L.�wC.s I1�andeG 1� r d oar-, by �_`ha P lann inc C07.1. :; s ; c k: ,:3 rlo t: tr e on-. they desired . 2C) o;- 7- not 'it -the for -t T :':::z?d liked to 1_u�'�' seen it in 21�i Mi my t i m a j , a j u d melit ya oii1 c, co,---- is not: to the form that tae 2o2i` aj) el.lant: vould like to i ave- iL ir.4 at , it il. st'i 1.1 ,.sanded � ti iI down ano" tho. appeal iod co'!--,n_ „ac -Uirninv, from the date that 2= that ud mont is recor. ed Trc: szame application of the law rzust it be a;a;)"z.cd here, and the- ten dcJ ys mint: ran from the 6th day o I 26 i! Au;ust when the he4::JXiS was ccruw1ly held by the Planning Com- I 27111 I ; mission and appruva l g nt-ed , oz , in the a lterna::ive., from the I I 2E3 !; 19th day of August , whan the 'Lett.-a- of Transmittal, wi4:1 all of f i, I 291, the other docvmentation in thz: Conditional Exception No. 68-40 j ,f ; �O It file was sent to the City Council. In either case, the i en days long expired , and no appeal action was taken, 32I1 Certainly, th,:: City Attorney should not Cake the fi L1' ...1 2.- r' W. position of tO ba uXLellied , !'iierely be- Z cause the fiudlxq;-,i , �:s han -`,,d dDw,;-, I'lzurling CO :mmission, 3 were not in a forn which Fndow, ers M UT. F 11 13 Y Z 311 71 Tne Ili onL,1110 %11711 ti.M. O. if the findings madc! D"I L 91 s ion, Deter-miria t iou or a 'C 0- LI icy? 101 T: would C e 2:,L-.-.--4 in I 11* 1: the (Exhibit "A" as attzched 1:1-_e LottL-,.: I . nsmlttal, l it -a ',-_,J Itself in attempting to t: the Plannfng Commio,; ')` L that_- M with the C-LL Y S -,:._ZZ"-'S L PtnlillL�d dovelopipel t t "7j2:0 - T h e a r V,i.i al e n It- h a s s e-v :t:�­ L -L-:-,C 0 1'. Ld'in- whether or not 1 'j c le Letter of Tran.,,Lr.itt_­ J_ is ­ctual, -c whether all of 16 z ""aZ-he C�tr t a i-11 ly t h e foie C o-,-'s i S t C- 0 f. t 110, r 0 -)Oz 17 i t s hou Id 1.)e argued tha he Coun c i I i� 6. d i t h the duty of reviewine, the i.,lh.ich will inciul,._-, nor. only ,j the of the b-i_:z_ L-he fin- din-s ".-Oy the Plan- 20ii nin- "40-I'miss .-Lon, in th.e lljinutes , a.,; w4m_L'. as the 21 of the hearirir, of P14-nninr, Co,-,Lmissic)-a . and the 2.2 II 11.ecrur of Transmitc-31 jfro.m the 11-31-annin,,; Co=iss4-on. A stzong argument in -A'"-ivor of t1n_­ i.:)Os _-.f-ion might: be made if over the -)Ast f ivc y one document had been submitted to 251 tha City Covacl' l which ccaurolle-d all Conditional Exception prob- U ;1 le=Z. of: a mixed n&-&..u;:P- cr oLho_::wize. I do not believe that any person in the City AttoriacyS Of.-Zice, bn the City Council or on 11 he Planning Con-urnisslon will. say that this procedure has 'oaan 29 j followed , however, in the past five years , but will have -.;c) testi-1 �j I 73 .1 1 _! fy, instead , thar the proce.di-re followed i' s exactly "hesame one i 3111 that was zollowed in Conditional Exception No. 68-40. Since this precedent and procedu' re has been followed in the past , namely Iq I„ I� I r I t I) it I •� 1 i� I it i '�, r� ram.\•, :U.. l_.._ 1��:�t: "1 ..�:1...t_. 1...\' . �.� . :_ ._ - ! ..LI _. . _ 1 1 I r i I r IIj �.J 'j � ... .\a.l L�1:::1 L• _ � _... r .-.• � � r `\t �•Lr a.. .. r .. - ... ., _. .. �,;`lvi II it1 II .. .'� ... �. _, .r,�� Lli�: CI �I :).� 1_ L:.. _ ..a<J .,.. \.'•' ... .. �'L:.� 1 •• _ ! I .L�J II �J1�� - •�..._ J1,)la.:] -� 1:.. �.^.4 ..-` \'ram .. �.• :t.'� �..:1.' ',r"' ` .. I 2 7 r 5 is is J � _:tJ;';;1.::�.i..'l•� i. .:i;, S��G.�•._:i L , -- I i wrJ r al...__. �: T Yam: J ..1; . a• _L: \. r 7 {` �r'Z'.�.•�t`'?1ll L'Lt7 � Uzi � 't 4• it r,• „• ' ti.7 rl r eCCi::i�;L i41 c� I. . l_r;l ''T._ L 0 a _ I f C..�.y G0L; c a.1 h�w�� ;• . y ...� I 1968 u � �D1r tit L,1z i' 32 '� C;tY Council r;,i-.7b e r s toiw 1 1 1 a W e,, to said tapc , they r,r � r r';1, or t y R y 1 , 1 that they first were against the Planning Commission recommend- 2 tion but after touch discussion and interrogation and argument 31 they voted unanimously for the program. r r e 4 The Ci .y Council directed the City Att��r , y :,) draw r 5 a Resolution reflecting the Motion as it had been passed , and 6 the City Council , in addition t heretic , even tacked on a Condition 7 of its c,.wn , that the Developer would not make a request for n a waiver of R,+eereaticn and Park fees . 9 The reader ' s attention is now di.reer-ed to Exhi.l�it "11" , Zd which is the August 6 , 1968 Transcript before the Planning Com- xX mission . There are statemerste ;ontained within this Transcript 12 which it so clearly in favor of the project , and which reflect 13 and demonstrate the Planning Commisni.on members ' respect for the 14 zoning laws - of the City of Huntington Beach, as to make one wonde 1 15 why all of the problems now confronting us are even being ccn- 16 sidered. I respectfully suggest that each: City Council meYnber 17 review Exhibit "B" thoroughly , and if poseible , listen to the tapes o£ the Planning Commission Hearin on Jul 9 196$ -and of I 1� P 8 8 Y � � 191 the City Council on AAagust 19 , • 196$ , in order to determine far 20 themselves whether or. not : , fair hearing concerning Conditional 21 Exception No . 6$•-40 was had. 22 23 SECTION FOUR CONJECTU.IE THEORY 'IF DECISTOR EVERSED 24 25 For the purposes of this segment of the argument , we 26 will have to make Borne assumptions which are directly apposed to 97 the actual facts in the case . For instance , let us assume that 28 the decision by the Planning Commission was against the ilevaloper 29 on its first three requests (A. , B. , and C . ) , but that the Plan- 30 nitng Commission approved requests D. and E. and recaft ended thorn 31 to the City Council. 32 Would Developer have to appeal its decision after the i 14yp - f t 4 ­W� All I �I � City p L 7 /� {- �> 1 I� Cit Council s f1aarin7 or wit~�.-in ckl r. � j r •r _ .i y , .r •� Y b, y �.ro:.. t.h, findings by the Plzmning is O- coursa a" > iuu:� , be- M I 4► � cause rFques is 4% . , L' . arid C . do now h_, ve.. to _,o t:o ;-11': City C.)Un I C� 1., but~ becuuS � of r_I1C_' tiil?:W'.Cj ; �:;1�'G O. LI-IL!. L"c:yU� Gar';, aritj the- .` p., .i �rova11 o.. I) , nncI , c�;:, c?ii�: [ ...c,il :1:�7ic�t�)z�1e.': s v-, lid . Y,Tndor it twhe ar,,u.ainz o:r I; n d 3 V 7 n c s, , t` (. 1.. D_-v a lc-ie-z would � � iI nfave:_- have La ;^ Pre�: i Lii1C�..1:� ;; I3 , C:::d r , , be c,u.sQ in fac- t:l.ey r, 110L f iadings , (,[nd ropo:: i-_ :IL,aC, �i The nexu qi w;;". .::� �:;u i'inu �11 , i b; the L' 1 n- f Car�.r�issiun on, Va" c7 t:l':c Dc ,�i.o;)cr , but that: the fii�c}�►_;�:, = , �:�:: . 5 inc�� .� tent: ve � I! I 1� m ',7 is involved, L' c:a:.zn� ;��� :._ss _;,:� i, roi~_Cl su!;riit :Us recomn 3-3 1' � . to i:hc C. ty ... . ► 7D en does appeal per _od nor . . :` 1U1: O1 r . _ w1Z rJ . ►Chi. ? I� �1t�i: �.�. iC .. L t:�'� i.11� l:'. -'t ;G4":i� �. jlc^»S af- I� y �. } �2 l .�.44 i:�lt' X'1c3rltlJ.n � �;J:::::.�a;�iG:. ; , ;Tld1%�,�1.' 1ai��j j.1: _ o, i�7�[at Of thy'. 17 � fact that request .: . ; 4nc ri�,.-1er had to go -Lo the Planning Co:'ilttliS S io,l? ".� V 7 e could co-mp?icate LI by a... k" ing the �C ' .. �. ssui:2)� nn What: A . , B . a.c: C• „ �.-e u_,:;)::3vcd by i:he Piur,.cling Corn- 21 zz i5 _,, -L"; Z 0r d diSF,U�_ o V e J 0 Y t:' C ^ !� Let us t:ar%ze OnE Assume that the P1; :::in r Cor;missian a cc'.-ad 1 five •recu _ �. .s -. _ •,.:� �� .�y irhe 'Developer, Li-lat: thair lotter O. :'c?cC::z. :,dntioil for want to the. 5 :! City Council under the p-_ot:�dures follavied I)y Cond-iit Jonel1. ZXCepLi011 No, 68-40, Now On : uGu 4 1. , the- C-.f: ? Council would I 27 have been reviewing :he decision ag,:irst: the Developer, rather `I $ :� than for the Developer. Lets. uiz Lurt►.er s5sume that the City 29 i; Council. wpt -a accepted the of the Planning Com- j I0 ; Mission, only this time becc ?1 - ino Cortur.is s ion theo- j 32' ',' retically ruled against the Devoloper , and the Developer must ;i y i. Now tha ;., t: Oil...; Pciiit . D e v e op u r a r e t 1,at: t:lic! •c w cli.,-i i o n , D c, a r,,:i-.n a L i 0-.1 0 1'A ail 1-01 L 10:, L.. RequiremanL" rznde by t1ki-L, 1' Com. 4 41 Developer ncvc-,-:: has to wo:: L-y �iloom,,. t.-.­.1 Q_-� bcc�,_USU 113 1 a J 7 ;,hc;,Lild not: "o—nc f3a: � i) si.iicil the dcc.i.4 117) , "-e ',-_-i-- t lC)ii -hc Dcvalo- ;-n La :I an t C,ou I d t h e L 1 J- h, 0 1)n C)s t 0 rL e tin I 'ZI 1 0 s-f. L L-: h, i C' 7,M i s i o had not: rkta 11y 0,:: t h L! 1;t Ex- cep t ion't s) no z:: e q,u r c=,a n t:1 ri a a ? }� :L-' t.1iC C Y Y 0 C 011 S L :I -a tu z C: i(,rl Di:L t L-,:: -R Ma.-I L: .6t 201 7 I o be, i1 1.s I L;d, 1i i_-3 IL I! a v c h c c)c u r L:a n c. u t.a s a ,tea is _401-1 Irjz� I i al and ?U­�,�U�int 1. 1111C a zhe y c L-0, G.,Z: I C, to tha appeal Seczio:.8 cj_ ,23 C C LTj c 26 27 In conchasioa is t h e A 28 y t orn e y r e c om m a z) t h a C i ty Council that t-- Re 0 L U t i O-n A ba ax-ecuted granting -L-hla Condit: ono Exceptions, , anad L.-hat the R k:ity, Council make a fin dfngit reviewed en'_-ire file of 1.) Col` 6--, tional Exception '.�O . 69-40 , _zz.-I, t1ut the Application, Trani,1. 3211 cripts , Minuites , Letul:.,r of Transco-ittal, and all ot.-her ir.cez-offic . Mom; e i •sl, i } s 1 correspor.dence , cork titutt d a s��%i Y c�_��r:t ►'I , iorx, Determination � ! and Requ{remoaat" undor �r��: �tt�su�tZt to tiZc �1�7�1cn��i i 'c, Code Sec. a'dl'l l4 of L i N Clucy d k _n 4L:0:7 7 +l i i - i� I� 1 < O t 10 .ti i 1 I • it I I , .13 i 2. 11 'j 6 ' 17 19 P.o� 1 03. I I 1, 2.5 1 27 �+ i 1 28 l� ! �9 j! 301 I 1 3]. 1 1! 3E ! I 1 P'r�r+w 1 V 4 1 71 may" ' Try h ' r, Y ♦ 1 e1 ♦ , I Y; lip 1� C�."�,�� •a .:;�t� a EXHIBIT R t �j�..i� �i: r • ryM�. ' ��Y�: 1, Minute • I r r 1�� 'i i•, Tuesday, Aug"f�t 61 1963 S U E D1, VI DYR • ,�sa..r , wr+�+r�.�11.l�ii,�.•wrn.� V.., . T•,:.l: �. .:1_. . .. .,.-. r.)... �_:1 �, . . .:,C1..�. �'. u l:1.lJ::�41� t- C. -. .. C.. a l.2:1.. aI.0 t' y 3. A.. .SChr: u.,- w;):il Cc:__•i: .) is..�:i:.t _ ...C�:.. .._.�.� .._�1:r..:._._a.r1i..:�1 'l��li: I the Cor//r11:n: �.� c ac� Wa s 3±)L G B v ld...a l�y-�� C r c l :.�:�1,. .�`�(„) v._....a . ... , ..�•.,..:.a .r .h."i 1I.: D SECONDED .._��.r Va«:l'_'jJ:t�J.J ..._. _. =�.�% .j. Lr... v'....,�.�'.�I.�O�`_. ,y�v �a`.ir.L l'�, .\�V• r.. ^, 1 \ .o - :: �.ta-- C,' a z.-le a-f.),oroved y i:i d l: J» u Co "..I:on -;,_ oas v,—. ,l? :l'c4i' d-nsL ate G.1_ Cl �wy u �i �/.~. l/.��J i�r . :�.a l+ �1 a�:. �i ✓_' v i:�l ._J .f: �.1'..�. 4 w y), r=�1 ..''.�Zrvti,,�ryJ.4 U_:'• .L O�� C�. �i l':.L. '�.t�.... .V! �. .. -\/t ..i1. 1..-�.- 3.r.a ...�U .i..3,�.�iTi�:�:��'...il��r Gam.• v=_� CO:�.:�.lJ v..�" ...�. ._�. ��.:lJ�'••.:C.1J,�V.�: u�^ .. .J.-�1�..L L,C., ap1J it o-v l�o 12iie vv%2, r S Art c I - o._ 1zY cG='_ic,-,, t �D:+y Z-7- ,z .. ,.;' Ei _ll , COry =''ac'i� shall be :�:'.1 ��U �O �.�'_�'�,: ;;_lYl� .'�i:� �r is�� a71 Lt;g i2 DeparLk,:,le2i-z; foV ar�px'G�,ru,l . The CC&R w shall c0:'"?.tail at 'I csz., e foIIo- ' v.J;_ C�:-I a. T' e r e=eatio21 a.-. as :aiii��j be :'�.r ez'�e f© 1:@ elk :lw:�:�-'t o. residents 1vithim The %DrO.J ow.; and •t e-..r non-pay1a g Sue$-c-Ij b ell c ..i - ...� ._._ ....�._ ,r.. ..• ._ _ ... . - -- ..., . _ �_, .. _ .:tom y Lou Z Ilk ;. at a.,-, 11-2 be �l,r,�JII11. vUt?�'. I,IJ U:II'.' �� c_a._._y.' ...'l:: .,...�' ...�;... .r�::. �.1 A6 fz , J.J.. -'h L.0 f:�`�',ir .. :... :...,._.: .� .. ..•J�'w.�: � ._l� ...._ .. _ ..,��„L�t..'.. Li_LraF: .L o .(.h �:�C: J l,r-i t: a 'u J C:�'.�1'� _- :r U 1: ..a _ (, _ •.. _ _ . ' t r.. :.W. _ _._ ' V l: a', 6 t �;L•. .._ 1 :: :i:_ li �J L'... _ , U l.w' ,.__ .. - �._ ...C•._ � alp ' _ I ii.Lyt.se Z 12 ts1.I- a'1J...t F:,b.1C: CIt./T _r' .. ya_ w._•. :J.._ � ✓'. v I .� ,,� 1 ,J o l:pZ+7.'`~� �.1 17 ua..a-:7 C�V,_t+._ U '.1_•.....__' V +�) l.iU.[_ ..+_G4-� v__ .��� :i_J`i.+ l/l.i �.i C:.__vC.l:�...irL lr. ac t, ?:alp ern . ��,'? � "��c;_^�•_�,��� ;��,� .. i s e yJ"Gef Gt% __! '.. �??1 :, 3+,�: t. �b 2, a_. iL.71 rl Con,LI .ate v . � �V 1. . . .��: l'.:u�_. equ1va �.6 :, iJ is I:1 .-a.z-zn l.: ._�..:. _::� ���t:u :� :�._y H _i: c1-CG'ur� �'�0w'.0 -r , , tl. -c ' SECO YD'AE-6 B,— RO i_1. -2Q �:LP-AD tJ'Yi�.1 � i.a�'�a_r .l .rr � .L'""I i r ' i • .4: l:.i t ':+ L' ti - .Y 1 }� � -^ �_♦ � _ .. �_.. 1_ .. I .L 1. _\.. ', .. . _ _ .. _..` _, 1. 1, ..i _ _ .-. � i _• ,. . ,_:.. .i�.'.. -`! J.4. ,. ti. ! ..1. .� ✓� ��:L'. 1i�1.�.��:.� �,c_.L`.1,-..G....v _ .'.J 4'1. L.t�._ ✓41 - C 1 ..�:._ :i�� _ �.___`:!„'?i;.JCL =-+__. �� -- - -' .,_. ,.__ .. . _ _,_.•... .. .. •r l� _« 1. /..�L1���. l'J:5 V 0Crr.V v� .a G,4.I_ .r.0 lJC_+•�Il. t,__l. �.i_.r 1l�,�.-_.w .,_ �._ '_'� _ ___'�: _"�...r�' • d V a T,__ �• .• -• .. � _c''t,_. I�� ,.�1,�. :u 4. , J't u 1 y�{'.`,'- I �1\\ 1.. �r 1./• �17?� w K•.J.,..� V w�l 1.1 ..:.a. j4.V •r V ��"i\ . '. L _. ♦� ••_ • �'� 14 �y o !waz pow Ill 17�. .! r 1/'t !�'i l,.:,l l::�! r:'Tt; lam._ :_f ti 4r'l: \ �.�. 1 :.�1 + Q.L►r � (�. n ! wk 4. r 7 r a • 1 • 1.. •y� � 1 l ._a ��, •,_._.1.� ....1. .. .:._..... r-1_..�...... ..__ ... +,...�.. . .. ._.. ., .. .. ,./ ,r_• •i .. ..._...�.r.."'_,�.1.'.�..._� ..'�i...�;.:J ....� _ �_i��.. �:... _ -- -_.. __`. ...:�..�.(_ -- - ...� ..._. is J_•.la 40 L.r.=, w �.-�. 1., ._�.1•. L•a.., 1....a��:��.=....;..L /.._�_.... .�� 1_�� ♦/..�: _. .w:! ate...•_�...i .r .. �.. V `/+'V i..,. r` ...1.�•�. �.1... �/�(��, U'.I4 ri �� ^ 1.11,J�..�1~..1.. « «.+ i. t�Ca 3 ..�.L..—+.�:. .+i. .J� ...�� .. r.LLB.- t.\•, a:+ C U w7 v a: U 1.A v G-J / _1.`w.11�. i:..:.L.4 .J L u.�_.. . .�.�1 .•..�...{ .•.. .. `: 1� MJ� �/ ����d zs ,:vc : ;�in� !w, uCG ����:_�. �:cuw , G- rm t���al Cra 65 sL w u 1 7 , 5 f.YC! � jam . ✓w � � 5917 SQ11�iY'Z ��� talth � r... .3ed Iats ava ,,=' n , .:.c:: `O _u e with a total of bb sir-n-le ian'41 Loth. w coormori private recreation areas (garbled) . They following statement presents a summary of the proposals which have seen presented , You can see , the original proposal has 78 lots with 37 foot of frontage and 3, 400 square feet , and a total of 670 aquAre feet of area per unit provided as a conminn recreation area , giving a total usable area per lot , not nec- essarily an the lot , of 4, 070 square feet. Proposal d, which is the plan submitted for your ccmeideration this even- i,ner , has 65 lots, 60 foot of frontage, 4,600 square feet of lot area o providing 668 square feet of common area per lot, giving an average usablf area per lot of 6, 268 square: feet . Proposal C. with the ten other proposals considered , but yet to be presented thie evening for comparison purposes, had 66 lots, 35 foot for frontage , 40590 square feet of area , 235., square feet in the cvmmor►, area , with a total of 4,825 square feet of usable area per lot. It should be noted that all three plans have been altered to comply with city standards ccracerning scract widths . If this property is developed to R-1 standards applicable in Huntington harbour, approximately 90 plus unite could be constructed. The portion u f the ap- plication requesting permission to reduce the garage set -back to 20 feet and to reduce the street widths , has been with- drawn from the request. I might add that this is a verbal withdrawal -- we don't have a letter -- but I 'm sure Mr. Berkus wil.1 verify that. The portion of the application re- questing 10 foot front yard set-tacks for main dwellings and ! 1� foot reir yard set-backs for construction of 900 square feet of open space, is in tine With standards previously filed by the Plonning Commission for waterfront lots in Huntington Harbour. The otlwx eiceeption needed to implement Proposal W 1 1W.1"IyMIJ'Mlw'. . ...•. r.r .•-alr��f�..arr.+...��.y�A ti.rt .. r...T.n.�.�.•w . ..r..�.r�-+wR"tl.wy •�y`h7rFr•n+•..••. .. r. .r.�.+-.-_ -a.•.�.. �.. - ..�.. �t •�i•�' f $ in addition to the front and rwair yard not-back exceptions Are (1) reduction of the lot frontage to 50 feet. This re- quest is consistent with the standards presently used in Huntington Harbour; and (2) reductiom of the minimum lot arcaa to 4,600 square feet. This request appears reasonable, because the plans include the recreation areas providing common open space equal to 668 (garbled) for each hot. Each loi also has an easement: for Che 'use of 1,500 square foot of water area at the Year of the lot. 'By including both the common recrea- tion area and water area , each owner rvM have access to approuide mstely 6, 760 oqusre feel of usable area. In v iew of thij , the Staff recommends approval of Conditional, Exception No. 68-40, subjtct to the following conditionce. F 1. Lot a izes shell be substantially the some as shown o:a the approved Tentative Map on which we showed Proposal B. 2. The mi,.n3m« front yard set-back shAl,l be la feet. 3. Rear yard set-back of 10 feet shall be permitted for waterfront lots only, and the 900 square feet of open � space need not: be provided. 4. Common areas including private% streets shall not be dedicated separate and apart: from the individual parcel or dwe l 1 ing unit . 5. All provisions for a community airsociation and for perpetual maintenance of the comnmoA Brea and recreation area • shall, be approved by the Planning Department and Legal Depart ft ment,b 5+ The C%Ws , Articles of Incorporation, by-Laws and Managment Contract than. be submitted to the Plannirg Depart - melnt and U8a 1 Depart m nt for approval # .3^ r it 7 . The CCaR' s shall contain at least the following provisions: M '! (a) The recreation, area shall be reserved for the estcluaive use of residents within the project and 4' M their non-paying guests,, y (b" Owners a id/or tenants shall be required to abide by devociarian rules and there shall be penalties for + violation of said rules . S .Y it& the common area ( inclu- ding private streets) held by the individual parcel owners can � ' not;: be devised , ccnve-yod , r dedicated separ. :e and apart from the devis-e conveyancer end/or dedi.ratico of t:hp ic:dividua1 par- cel for s 1.tfe in be•i.rtV. plug; 21 ti��a:�s j oxcept+ia..g thlt; may be 4ccampi.isherl andcr tho ;game condic:iMS or grounds as are avail.- a5le under Judicial I:i.rt:it;i.on, (11) If thtce des►cIopmeo is in in(-.&-Qmer,t:e or severe :L CintAl. maps , CC&i' s and rec ipl rc�ca 1. m4r. igemer a&r1, mietlt: :>h.a 1.1 be � ished that: co E.11 cause e mex-,Jng :)f Lt-,f rerncn;:a s:. they are com lot ed . The end -result t p 1 shall be :rvl! ham a F� <<,Oc io t i;mr cc.- . non area common to all and OUC MIIL-rigt'.il'ent for the. F:attre yo.-oject:. 8 fi A precise k.,J n •=:7rrr d,- velop, lent» c;t; idt: 46 ( the recrea- tion area) shall be subml.tt ed to the Plannio.g Department for approval prier to issuance o building pegmi-ts. 9. h 6 it . high masonry w,?11 shall be constructed abrig the south side of Street A, 10* l : the streets are private, s lighting system shall be .;,. installed -#ithin the project equal its illumination to lighting on public streets. A lighting plan shall be submitted to the Depart- ment of Public 'Souks for approval , 119 "IWO fully evc1osed garages shall be provided for each uaV,~. Said garages shall be equipped with autowtic da•rage ,y l door openers. ` 12,2 ALL applicabla City Ordinances shall be complie4 " . with. 13. Approval of this conditional exception shall only apply to Ten!wgtive Tract Kip No. 6675. Tba subdivision Co mittee reports that the Subdivision Committee has reviewed Tentative Tract Mal; No. 66-75 , and offers the fo 1- inS comditionsoil ippxova 1 for your cons iderationt 1. The Tentative Map received August 5,, 1968, entitled k Proposal. "B" shall be the approved layout.. 2. Approval of thiA Tentative Map shall be null and void unless Conditional Exception No. 68-40 is approved by this City Coma11. 3. The water and fire hydrant systems shall be approved by the Department of Public Works and the Fire Department. 4. Street widths and design shall comply with City Stan- dards, and Section 9941. 3 (street and Highway Wi.dthe) of the Huntington Beach Ordinance Code. 5 , if ,the developer elects to install private streetal, i then private street structural seet i.ons steal A. comply with the Department of publt Worka requirements . 5. All utilities shall be installed underground. 7 . All waterways shall be deeded in fee to the City. 8. All property within Teata.tive Tract Map No. 6674 shall an iex to the Harbor Maintenance District .Len it is formed. 9. Telephone conduit shall be iris to 1 led f r sum a telephone vault to the narthaast enrnex of Admiralty Drive and pacific Goa s t Highway and to the northwest corner of Parcel h at the Pacific V4mst Highway to facilitate the installation of fire 4 a llrs boxes. � r 10. The existing water line within the tract boundary � shall be relocated and a crater line shall Le extended to the a` !^ r y e r ONbi _0 0, F tf'n +,yr„ri OsF(r..r r ,µV; .0 .•,O _ ..._.--_ .e.., '} eh•40 `.r. , •r••.o y I ,I) 14 y' ' satisfaction of the Department of Public Works . 11. A division of land application separating this arced, from then rwoUiim�► g property held under the same owner- ship bball be filed with the City, approved ao,d the conditions of approval_ complied with,, r. , 12. All "Standard Ound it ions of Approval" f M, tenta t iv e tracts that are applicable shall be compli ad witho r f'. • CHAMAN: Any further communications? . OOMM , 3101I STAFF KLMBM- No, -- other that the last meetin jg. ' Y i r h'a r . r y.; 6_ .1 r.IR•M�'�'..�f:,�,.W,�•i r•ia•^ .�.,.... .. . ....1., .�.t-y.a. r ..-- ...fy. ....,�,- :� N.a rtp,• n„ '� i '(M`a I P• I Y'4 � . i / t h .� t a TRANSCRIPT OF HEAIRING OF -40 i In conjunction with Tentative Tract Map Wo. 4675 i ' (Garbled) C.MAIER WIt I 'll reopen Conditional Exception 611-40, Tentative a Tacact 66750 to the audience. Anyone caring to *peak in favor of it at this time, MM EERM s' My name is Barry Berkusa , 8430 Santa Monica i ftulevard, Los Angeles . Any application that we are raques+ t Ling in front of you there are several things 1 would lira to bring up regarding the staff report . The first scsssaep that' we submitted and worked with on the staff (garbled) aaub- ; r staxndanrd and the setbacks were also between 22 feet. In aa► previous 'chap submitted to the staff after our first meeting we complied with all street widths , .all setbacks, all side- yards , d11 (garbled) thins area of Lincoln Harbor. Normally when you ask for as small A".ot subdivision you ' re asking for higher density. Let ' c quote the figures regarding the map in front of you. There ' s 18 inches plus or minus the ground. i There area a total of 79 units , not 74 as mentioned in the � staff report. The first time: the map was submitted to thra r staff, there was an area for a yacht club (gambled) which the staff tasked use to remove . We then placed five lots in t that area. "'ha overall density for this map that wd are •� , asking is 4. 30 units per &area . Now, if x may a moment, I 'd like to approach the board and discuss the map at the pre- .; s>IrenU ion. One more thing that r 'd like to bring up prior to discur.swing the map is that the petition that was circu- Utirna in Huntington Harbor ;stated �that we were, a O, ire for , ," •'`lst•r�'tt',u.`,'..,1.,'�•^;. a.a�.. ..-w,:. �n•.' - �r, �V .. N T -•. . r aL -.-... �;w��.n • •��1+.-+M.�-�w�arW.-•.-r++ w�. r r ua���a��y-J' ,, 1 {T M1 T i r + M substandard R-1 lots. This in not the case. They are R-2 r; in nature (garbled) in nature, and I think I can explain what l have attempted to do on the land plans at the map 6 (Garbled) The neap before you is a blown-up section of the DUO aWmitted to the City (garbled) . The chap shown all the right-of-ways to city standards. It shows a total of 79 lots. In comparison with this map, ' we have drawn a singles r - only map to standard for the City with 6, 000-foot lots shown all inside and 5, 000-foot lots on the waterways and accepted now in Huntington Harbor. Those lot widths are 50 feet on the channel, 60 feet inside. We have a total of 93 lots on r that map, and 02 lots on that map. We are asking for a total of 79 ?.cats . What I have done with the additional area (garbled) is develop open recreation area, open beach area and a tremendous amount more channel area , pu'..•ting all the lots an the waterways. X11 channels reviewed with the staff are to city standards. Every lot in the subdivision fronts on a waterway. The association will maintain the cobblestone � street (garbled) which we developed in the first unit. We will maintain t,40 beaches which act as a bridging aria to the island. We will maintain two tennis courts and a recrea- tion facility with a swimming pool. , but (garbled) . Wow, contrary to single family plannin that fa sometimes 100 feet between houses, we have open space between the houses in the main island area up to 250 feet. The houses are not crowded. Throe houses are deisgned to be three-sided environmental houses. They have, glass on three sides. One side is blank. The blank side facts the neighbors, meaning that the neigh- ' tor° s glass is (garbled) the private portion of the house a' wM door, and there is total, privacy on all lots. Also, the distance between the houses are 12 feet, not 10, as allowed i 1 F a'. in all single family zoning. Therefore , we 're achieving a 12 -foot aids patio completely oriented to the leading unit with a blank weal on one side for total privacy. In this area we have created Warbled) of 46-foot right-of-ways I . (garbled) to c.�ty standards also. The blown-up section of the map to your right shows how the houses orient to each ether with 22-toot setback with the two cage parking on the, (garbled$ in front. of the houses as the single family, and I 've also calculated some figures on the parking. The osi street parking with 153 cars in this development with 79 units. It is almost two to one on the street. There' s two cars in the garage with two cars on the (garbled) , so we have a total parking of six cars for each unit, which is abcive city standards for a single f'azri,ly. Each house will be provided an automatic garage opener with control to I (garbled) at all times . Each house will have as is shown in the development that we designed a cobblestone driveway, a cobblestone (garbled) with approximately two rind a half r i times the extent of a standard street section with 6-inch concrete sections of cobblestone patterns with colored con- , crate and epoxy finish. This , I believe , is relating zeal 1 woll. to developments that have bt• , n done throughout the United States that are in some of the most charming areas of Savannah, ' Charlestons, San, Juan, Puerto Dice . I 'm a member of the :41ational (garblad) Design Council and sat on two board meetings (garbled) , e.nd Huntington Beach was dis-cussed in one of the finest planning coissions in the P '� nn� United States at that time. They have documentation that � has boon printed and cireulatod throughout the Un.t red States to all leading planners . I thLnk this follows (garbled) the E development in that. pattern. Anyquestions from the plan..* at#ng comstiss ion? a9 a 1 y ^FKN . Wes. .u��.ry� . �••R�•M.yiM1,� 11 I' } 1' II Y I.. 1 (Garbled question) w, SAMY BXRXU3 i The way the houses are designed it can be A`r seen in existing model developments there now. There are 13 feet between houses . Normally a single family house# there are 10. VbICEt What is the setback on the blank side of one house? Is it a (garbled) setback? 9XRRY ORREU9 a No# it is not a (garbled) setback. VC XCZ I What is the setback? HARRY BRRRUS: • Five feet. What I have done is treat a 37-fret lot, (garbled) treated a 25-foot wide hawse, we have s five-foot setback on one side, seven on the other so that what I have done, and this is evident in the (garbled) filed with the City in the tract development, (garbled) 37-foot lot, we have treated a 25-foot wide house. We have a five-toot setback on one side , seven on the other so that what I have done, and this is evident in the (gar- bled) filed with the City in the tract development, and (garbled) to exclusive us- a recreation easement between the house This recreation easement allows the party can one site to totally use the patio . There is no five-foot sidayard with a fence which becomes (garbled) . It is totally land- scaped and the developer, Westport Development in this case, will provide concrete patterns going into the house as we dick in the Ihst development (garbled) creating a completely developed patio living area relating to family room, livinq . rmA and ei.try, Now, we used in the architecture this area 1 that' s shown on this map. The aide areas were used as , 1 (garbled) down to the horses so that in approaching a house you look down to the grater and you come up onto a raised en- try deck looking down ;into the beach area, then enter into the house. Now, there are (garbled) all over the one side O ' f.�..r.�.•.• a++l�. .. . .,., .. • .. . • •.r�r•a.awrrru••spa..r_•�. •r+.r� ... .�WiMaY- K�ANrT�I^" .. ri ���f Y• E j1'' 11 * M :l, aleng the house with they entry. On this Si4a it is totally 4, black# so they can not look into the sideyard. (garbled) >i '= with family planning the windows i:ita they (garbled) sidayards +k, there is ng privacy between homes , and Y think we have achieved sopething that we did quite an extensive article r , to the Kramebuildeers Journal last month that was publisheed, and I am speaking at UCLh in November on it. I think it is a unique situation in being able to delete the five-foot sideyard and use it totally as a patio development but still maintain zoning with they 10 feet or 12 feet between buildings. k; At this point, would you have any objections (garbled) side- yard and eat away from th:.s question of the easements (gar- blend) do you think that five-foot split? Well , I think in the (garbled) and we (garbled) we 've done it in some more different developments throughout the United States with - sideya.rd easements. We 've (garbled) clear17 that that area can be used for an area , uh, you can not have peal equipment in that or any nnissy activity or equipment, and that can be I usel for barbecuing or recreation, but you can not n?.i'1 the (garbled) to the opposite stall. In other words, there 's toted control (garbled) where a single subdiv".sion with zero lot lines, our experience in talking to subdividers t is that there has been some problem that (garbled) control � of that wall of your neighbor. doing things with your +vall, your house actually, where you can completely contra-: it here by the easement , You have right of entry, right of inspection, and right of return, which I think is highly desireabla. (Garbled voices) 8MX BERKUs ; I cait make~ one mors statement. I think that when the jvti;:ion circulated in Huntington Harbor, and I r knov th4ree's a left of people here in opposition, that the ' .• a _. _ Ar _ •yl 1 i r «„x 4 v , petition simply stated that we were asking for substandard Lots. It didn' t state that we were (garbled) back into (garbled) and recreation area and that what we are doing Iwas getting (garbled) property which I think is very impor- tant, and also, the most important thing, I think, is that the Pacific Coast Highway almost (garbled) this property. These lots are 140 feet up the paci2is Coast Highway, but a single family development doemh' t belong here, that a (garbled) development of some kind, and I think this is the hardship here, should be created eith;• h .`artments or condo- miniums or something other than sing � family houses, the property values (garbled) as single family houses, it had to be sold at 4)0-$100 , 000 . 00 would be totally improbable and practical for the development (garbled) . It' s just too close to the city highway there to state highway, and I think it is a suffering thing with a Funk of .Nmerica directly across the street. The other program just like this across the street would they continue (garbled) , and the Marina (garbled) all down this area which aurrouni it, so I think that it is justified. (Ga*Lled voices) AARRY BEMS: (Garble?; is proposed as ,a• lows-rise condomin- ium type structure of (garbled) It is not on this applica- tion. It has not been thoroughly planned yet. (Garbled) I aid not the subdivider. I .gym the planner hero. The sub- divider (garbled) by the group yet. The rzrina is also con- trolled by the group, and the commercial area which I have planned ought to be a strip development of (garbled) thing with the use of cobblestones tihroughout (garbled) to the t community. I hope it vil). be developed in that nature. I � Dope to be t,ble to do the planning throughout and control the r 1 { f r • VI.1 • r , t*t*1 environment of the piece. k, VCICE: You mentioned also that this is not R-2 . Now, ? according to my matter plan I see that that is 1 . r BARRY BBRKIS: No, I mentioned that as the City had asked that they had mentioned earlier that we Are requesting a ' change to R-'� zoning and that the petition from Huntington Harbor et,sted that they did not want substandard lots (qar- k " bled) water off water in R-1 area or as an R--1 lot. Hy point is that the development like this has to be reviewed by the planners and that planning commission (garbled) the planned development and that it can not be done at whole- sale slaughter or whatever they 're (garbled) throughout the tract throughout Lincoln Harbor and it is donee only (garbled) where there is (garbled) needed , where there is an area where there can' t be used because of high property values , in taut that there might be an odd-shaped piece of land. As you can I see , the water (garbled) is not great now. (Garbl*ed voices) I BARRY BERKUS : These are detached residences of: about 21000 square feet . (Garbled voices) BARRY HERKUS -. The staff asked for R-2 zoning on this. They did last ti.mea., It did request R-2 and was granted on the last subdivision of this nature. (Garbled voices) SAKR1, Lam; If I can clarify my position on that, 7 did not ask for R-2 zoning. secondly , I believe that this is 1 1 unique because of the waterfront and that the City doesn't have that much of 'waterfrontage, and moot people are asking for small lots for development or are asking for back to back lots, but a sm ill lot: is getting higher density on the property, but in this case since we are burrowing from the n13- •i s yy, ;, iFll Iq!y�j�i,; N, . waterway intensity over all density on the total piece of property is less than it mould he if it was sold and (gar- bled) and developed as you have now zoned the property. I think it is unique in that, truly unique in nature. The open air does much more, and one more thing, the land cover- age of structures in this development (garbled) point one ' that we can cover in that development 360 just by putting a ' standard houst on, it, so this is happening again. It ' s opens. I think that is a quite strong point . : (Garbled voices) BARRY BEMU'Ss The one point here can all substandard lots that have been done (garbbled) on beach frontage, they have taken what: the UBC has given that side yard which has been three feet, and so you have six Ecet: between buildings that exists in Sunset and Surfsi,dn and a lot of arena , In this area, we have developed 12 feet or more than the single family. I think that ' s very important . Also, I 'd like to call your attention that there are two major condominiums that are iri Huntington Harbor . One is existing rights now. I felt rather than asking for condominium the first time ' that we devised that land plan across the street that I thought the open area was much more advantageous to the buyers and to the people that were looking at the program, but instead of getting higher density yo-al re asking for a condortinium in iiature, which could be done and could be ` zoned as a one-lot subdivision and could be d6scribed as a typical air space condominium, a statutory condominium with only one lot, but , I felt that having deed title ownership to these lots was important psychologically to the people4 That 's shy I asked for this subdivision'. (Garbled voices) a ' a ",r{jA f �1 I • CHAIRMAN; In my opinion we are considering this map here. ' t0s a reprised map, At our last meeting it was quite obvious that this reap would not be passed and it was held over for a present hearing. We wi11 now talk about the side yards. This x . `.` is the type of zero side yard that I suggest they try to uee �y but that PHA wouldn't accept beca as e I think that this concept { here is better because you keep your house five feet away, it is cartna inly better than the other one aiLd you get the use of ! ten feet of property for nainte=nco and everything. I like i 141 s this aoncept. VOICE: Mr. Chairman, I would lika to direct-'a Question to the staff. What do they think they will be looking for on this sita plan, STAFF M •1?%ZERO Hopefully we will find nothing because we found ' in the past that it works out bet::e: to rev:f.ew the plan. to see x if they have adequate to see what kind of facility they propose, withiza that ras identia l area . j VOICE: Yoga mention parki.n Tti'ou lcn ' W parking be recognized . as a problem? � STAFF 141MER: '14a nave to look at willut the facility is . Let 's look at it if we might . (GARBLF.1) . VOICE: That' s my preaching . T ia.s developer and -"- a amount of money that: he is going to be spending ;here, I am juitre sure + that he will build .a substantial beach and not; a sandbox, Are we getting too far into this thing? . .t CHAUM N: We will hove to review their plan on condominiums and to' review their rgcr.ea ti,on program, I don' t think we are out of our path or out of line. I know we are not going to ask for anything ridiculous . I don; t think we are going to r;ask for anything, I Just think that what we want to do is J m15- Ivi,:T z ., k' r y review it to see the structures aria groper and will be used . ti. . for the c•)rzect 'guxpases . Really, if wa . do; ! t review the .; ~•'��,•`� ��:•�� 'Lan haw also can you tell these things .. , Now we can s it down.;' and i 1�C to the dev�:l.opc�r when be gees rota t1atail. '(GA" BLED) ' ; VOICE., 1, from my w%periencea,' feel that It is an excellent A::: . . d. vel�pment espec .ally , in tha t ,pares of the co •unity. .. , � ,,� �• Nl1IRMAN:. Any f trier �wastiors? ' Anyone else in the sudianee care to speak in- favor? (Garbled) . . . r ' ' ;•�;' ' ; ws r,. ,•. ..`' • ' 76$-40. Does anyone cvpose? (Garbled) , :r Y I was wi.=A you NX . 1,ane, I think all of you. . . for auto o'-izati.os ,end z dan' t want to j. `.. (two voices together) N 11010E: .':y na::ze is , 3a -L' �ar::a, live at 16581 Channel. Lane ,•:; Hunt1.Az-cn I-,arbour and Z am dir. ,:.c;.ly across the srre.at, aera6.6 r• ` +. tha -channel 'tq'ei-e . a:.Inay a 7oiza o put this .in ar.� i ow' a oa the. no r map .what is gaf to 'be the frontaga ' on the water I did-n ' t t %:&k',I urdPrstood th 0� r 5 to 5Q <<t V C.,r : . . ... . . . , 4 . . ,'. . . (garbled) on the cul da sac lit:; it ' s going to be raider , other- wise I would say 50 feet on thy. . . . . in some cases it . will be 40 and others will probably haT e 70 , --- --40 to 70 feet variations . VOICE: That 40 to 70 fecz- Now is this or. Sun; channel 'or this around the corners or. w'�at? (Garbled) VOICE: On the Sunset-, Channel I would say they will all be . wider than 60 feet as I can see it from the - map . Thay all look , ' much wider on the' Sunset Channel . , VOICE: I think the ,'ones on the Sunset Channel I.00k the widest. (Garb led) f VOICE : The Channe1 goes under the bridge , - Sunset Channel . VOICE: You ' ve got pretty good sized lots right in here , except maybe that one and this lone and even that one is well over 50 feet. ' �16- y y 1 4 it I VOICF;: ALL of ' those are wide footage& on the tot . VOICE: Are they a 13- over 50 feat? VOICE: 'des . VOICES They dan' t all be over 50 there , thorn BERRA: Well what I was opposed to was f having under 5,O00 y square fact. Now 1 have 7 ,00O square feet and if they comae in there with narrower ;lots and some man coaxes lit theta with a big boat , they would have to piit their Jocks . . . into the bulkhead. Then we are going to rave boats sticking out into the Ghamne1 which is going •40 out dawn our water way. In my 7 ,000 square feet I am not inc.ludiag the easement. on the water ti:hici; they are trying to i.nclade in theirs , and T think that ke ' v:: held it at 5 , O00 square fees on the*o Channel; I thinlc we should keep it as such, JOTCE : Well, you- realize that I dou ' t want to prevant a part of argument , but pos.-Jibly you didn ' t understand t1vit these people are actually, buying; in Excess of 5 ,000 feet: of law,d. It ' s a method of tran;ifarring pare of the :lots into one coon area for recreational purposes , in other words , they are ` paying fur this land , they a:.e buying it „ It is a private developwcnt , �so they are tak.in;; a few feet off of each lot and putting it into one common area so in this ragar•d they are actually buying a 50000 foot lot , or better . �y BEEM : This may be true to their way of thinking but when I bought my lot it is 7,DDO square feet o` land that my housa is { on ,*4hich is not including water ways or streets or parks or ; A anything also that they are putting in there. I believe that this is going to depreciate my property and I am directly across the channel from it, and all of the people on that 1,7- X T �^{-,',F a���w a F Gl h 1 4 !(,.1 ,r f.� 5/�!I� rr,ykF, M A -•• ... 'J � .r • r► �.: ,y' .� . ',�i�r• �n ��i:h�i} 1Hy�Yl i'rOK '�'1rN' •, ' '� M, INK r �� lr' 1. lA 1 meal have lots of 70 and 60 feet and I just don't think it's right that we should stick amethAss out there that's 3,700 square feet car ,4,000 square foot at wbato f l ever it is that they have changed it to. I don' t feel that it's i ht. T feel that it is going to :curt the value of ow ` prapert,% Thank you. VOICE: Are there are other comments in opposition? AARON WALSH: I am Aaron Walsh, 3322 Bounty Circle in 'RuntLngton Harbouk. Where are the 40 foot water front lots? VOICE: There are vary few (garbled) VOICE: Will the applicant come up Mete, and show me where the (garbled) are. (garbled) from way up here. (garbled) . . . . . . VOICE: As I understood it the 5 , 000 foot minimum and 50 foot water frontage is code. 1 s this correct? VOICE: I don' t think the 50 foot of water frontage . . .. . . `•j VOICE : Not it isn ' t. VOICE: It isn' t the least we have had in the harbour though s.: is it? VO ICE: That ' s right. i VGiCE: The lots in this area are greater , than 60 feet . The lots in this area which are the ones that are facing are greater in most cases t:lan 60 feet also. These lots avara a over 70 feet . J � � VOICE: These here must have 100 feet. (garbled) . . . . � VOICE: In other words the logs do meet code as suggested. VOICE: I' d like to point out that they exceed the code if you consider ;`.he area that they are buying and putting into In other words , ooe piece. / Withit: the lots the lots are about 4, 600 feet. (garbled) all VOICE: They/have the s tandar. d width used in Huntington Harbour where thay have reduced the lots in depth only, not tri lot area . 4• V, h•�, yy F y } • ,,. )A,7. i A! Cy Y they are taking t l vow: In depth only, and It is, my thinkinIg thatA garap ' ira►a oft of each lot the area that you have in a double kSarap out of each lot in depth,and putting it all over Into 0 pgtvate play arts and they still pay for thirs ,and it U tboix contention that this is part of their lot although tbay ' �I are transferring it into one -givers area. Aut they are not >•;r;',' redvoin the street frontioge - the street ilroutage ,would be rr. a aftimum of 50 feet as in Hunt in$jton Harbour and as the map sbows there are very few lets that are under the 50 foot water frontaSe and s ome of them go up to - it looks like close to a 100 foot of frontage. In fact, some of those on the cornar, r ' if you count around the Corner will probably be about 140 foot of rater frontage. VOICH: Thank you. VOICE: Mr. Cha iramn, I 'd like a clarification. Is this eon- E": sidered Huntington Harboux? VOICE: Nell, it is considered Huntington Beach. Huntington Harbour Corporation does not own it, so it can' t be considered Huntington Harbour,, but Huntington Harbour is Huntington Beach, , l and this is Huntington Beach. VOICE: go this isn' t Huntington Harbour. VOICE: This is not Huntington Iiar'�our property. (Garbled) IMU949 I did reopen this far the gentleman, Is there any- one p g � y , one also caring to speak now? If so, please come foLvard now. VOICE: Mr. Chairman, my name is Bob James , and I live on Bonny C lxc le in Hunt Lngton Harbour, and we keep coming down here in hopes that you will adhere to the Ordinances of the area , and we think that the Ordinances are very good . Six V.ausar.d feet vas the Huntington Beach Ordinance for City lots . Now you've somehow deviated and have] tolerate-1 5 ,000 foot lots. I can' t w1�r i a„ .r' •,� �!�•n'' 1 n�'n'rAP', ti:rF�.w 1• Y1 i 's see. dat anything can be gained by going to smaller lots and omtinuitig to finagle the OrdLaance. That 's all I ,hsva to may. CRAMAN: .any other co=ent against? VOICA: Do you thfmk that the standards for this type of homas is cm*Lsteat with the standards of tha Huntington Harbour? VfjlCX; Ths front yarC."setback is 10 feet. The rear yard met- 'back is 10 feet (garbled) will be providing standard side yard M1 r. Setbacks. They will be providing 26 foot setbacks for the front of Vae ga%age. The lot width of waterfront lots is 60 feet. ThU is the standard in Huntington Harbour. The lot area in M ' Huntington Harbour, however is 5, 000 -- in this case, they- are beLow it, but as you can sea, they are offsetting this deduction in the private open areas . So, other than the lot area they are - will courply •with all standards of Huntington Harbor. In my opinica, stuperely, Mr. Lane, I (garbled) the other lots be- cause of the sins-standard lots, definitely sub-standard lots, i but to me, thin seems very realistic and worth-while, when tine i party is actually buying this real estate is payi-ig for this i real estate, that: they make this lot conform. It isn' t the fact that we 're: allowing him a lesser lot. We're allowing him mote • or Icss the used part of h:Ls lot together with the rest of the i people in the area , and for this reason, and this reason alone, I could go along with this project. • If it were not for the recrea- tion area , the combined reereatio-a area , I would, be -opposed to it, because then I woule, (cons idar that it was sub-standard to what wt.- had allowed in Huntington. Harbour. But the way they are preparing it here, I don' t believe it is . VQICIL: Mr. Chairman, is a Motion in order? CHAIRMAN: I believe it is. Would you care to make a Mot-'an? i.010E : I'd like to make the Motion that Condit- oral Exception ?.o. 68-140 be approver as presentwd, and subject to the brief ings outlined by the Staff, for the reason that the parcel of property -20_ �"�� '���`,#�.�yr+wrtilRMA�N„jlldr.wd' '•�'/�WV,M+1M411�11I+tr;rAl: .�AIM`1�.'N+'"Jkb+pfA'�h1�'1,r•itJ'bJ':,;� a ;� rye r'' rl F 4k4 ,k, "r<� �, { fir' • �' beft J ,Y��• 1 J � ! i developed- Into a project that will 'be an asset to the 1 .4 qampm3,tya (Garbled) VOICIs Could I possibly get you to add as a reason the opa that I weatimed, that they are providing a coon area that divided ' J Sato lots makes them equivalent to the Huntington Harbour prof eat. J WwW you add This? VOICX: Yea, I'd be bippy to. ^ '� VOICE. Mr. Chn irm an f may x add something? 4 CHAIM40i We 1mven ' t got a second an this Motion yet. VOICIs I second the Motion. (Garbled) VOICE: I'd like to add that the road the second opening to pacific Coast Highway - be eliminated. And a lso-» CHAIRMANz That 's on the Tentative Tract, That 's the next item. tl •. M We're ow this articular Exception right now. p p g (Garbled) j VOICE: The private road cannot be on the Conditional Exception. ,t.< v0l.M.9 I' d like to see that new private road, since (Garbled) '3 1 '. (Girble,d) r, i . r VOICE: ahi yes. This one definitely has tho alternative. Be- cause there' s a City standard. VOICE: I 'm thinking of the firez group that went in there that I've been watching it grow up. I think that it's very unique. .` ' I don' t know if any of you have seen it or not, but it' s very :�r unique and a type of thing. And one of the particularly 1 I nice things about it is the private roads.' It gives a feeling of privacy, and I feel that this type of project is like a private setting, private entrance , and if it comes under Conch- t r tional Exceptions , I would certainly be in favor of one of the ; Conditiorw to keep that s private road, 0 ICE: I don' t believe we can demand it. We ccn' t (garbled) VOICE: We cannot possibly, because of the type of development (garbled) Is it a rule that we cannot set that up as a . . does I it have to be . . . private roads? (Garbled) ,i XA ; ^ 11 Y } tblok tart Lt' s optional with t -4 Developer, and Ln ' bob.4 1f s I'm sure that if he eau arranSe it, he would, iusis athervoise, if it' s a public street, they'd hays a hard is tin keepinS .they general public off of the . . . CHA N: Ready for they vote. Six ayas , No noes I' ll entertain a motion on tentative tract map No.6675* rf R: Gentlemen, I'd like to make a motion that the tent& Live tract no. 6675 subject to the releasing (garbled) . . . deleting that portion (garbled) . . . and subject to the co %ditiou suggested by the sub division committee. • i :', CHAIMAh: Ho we have a second? MDMER: Second. . CHAIMMAN: 'The motion has been moved and seconded . Any cot: wnt before the vote? Ready for the vote. Six ayes, one absent. *Za noes. 1 22 r' , • s/ ��/i i wJJ4 °�,p;i '1 yF 1'�.4 '�.s, / f 034 Is "1, •'�' ��� 1�' A r1�Y N'�;f' � + y ,�i,4•. -� R rJ'ti.�l- � 1`�6 Y 1 !�y .. "_�Fr���'� �'A. 4 '' >��1ix+�;�(�'�Si�r :?��� T j�r,�y� •; r� � ^ } � � '�Ti� }Y��,t' '� • ? ,r 4+ it � .r 1 'r � ✓ Z' + iAC i y f 4 r ^v f � �� k� 1k+yy � � 4T• � 7 (1 (,r 1� k/F• r�, , �v 1+ ul� iy r � �i�'ly F,} „�t�fY' y4•,' , � ��.� �- , ���' �G•� �• s , vo y r iM�1� •h Y s •, Los ANrsirss seals Low 11, 3.968 F. d• 1(r o Paul Jones +„ city Clerk 4 , City of Huntington Beach ?*0. Box 190 Huntington Beach, California 92641 Conditional Exception 68--40 TOntative Tract 6675 Proposed CoMnQil Resolution 2822 it OurPi le No. 212 Dear Mtn. Jones : Enclosed are : �r -- an original and seven copies of our statement , on behalf of the affected protesting property owners , in opposition to the granting of Condl- tional Exception 68�40; and a COPY of our letter to the City Attorney dated September 20, 1968, mould you please transmit the copies of our statement to Bach Of the rounollimen so that they may review it before their meeting on the 16th. Thank you . i V y truly yours , Marcus E. Crahan, Jr. 1ZC/rh encl. i b '11 '' r r •.� `' o-y pup .ri r�,', r: ! ry•r'" _ r �. ��'r�p•,R�a a r" , � � � • i v:', *fig"rrr L �.4 lool AZ406� 1t � �• w 1 r i ,w 'A !I \1�,�Y�Y{I1�t ' '+.fN. 1 Y�f• � '�r��• a �h �, , * ry, 1 • t T t. Iwo ANON ' bra�;;i. , r,• t•••i.l: �{z.�'„h+�",M� 'may :•'! ! �'s r '\�. 6044iL, � '�,,•vi � � � Ott,��rpit�y ';�,�!.�Y:++1�Nrx���•'"M,',+L: �� .. �� 12 u' wasp.'. y V l' 'e% �� � r MR'•1 ]j J A6w Q P dv , y • , 1 7 w' , .• is flo h .w e. -44 Air > 000 PPIM I n +..w � r 'M t 41. 1. 00. 700of � y t r fYtir���1;" w F :rf "� Cis • .i r� Al '/ W • Y,, "T riw,? + , t Nonflogtol luck Phra11N1 COMM1881 A � P.O. sox too CA1„IFORMN 1A August 19, 1968 ` S OTTER OF T2ANSMITTAL r�,4 �!.• ,0 TO: 11�10UZLE MAYOR Afri CITY COUNCIL �, 4 FM: FUhning Commi s s:an SMIC'T: Conditional Bxcsption No. 6$-40 ATTMIONs Bram4er Castlo, Acting City Administrator Paul Jones, City Clank Gentlemen: Tre►undtted herewith is the Planning Commission rscowmendati.on from thv,ir August 6, 1968 meeting for a provarl of Conditional No 6840 pertaining to T.T. o. 6675: .� 4poli.cant: Be A. Berkus 8430 Santa Monica Blvd. Los Angeles, California .En i�►�s rt Moffatt & Nichol 122 We Fifth Street. Long Beach, California s: Lofiation: Northeast Corner of Admiralty Drive ROOM$ and Highway #1. . est: To permit the following: 1) The reduction in the garage setback to 201 W deviation to re quired 22 f t+ ; (2) Front yor+d setback of 10 ' for dwelling in deviation: to required 1511 (3) A minim:no of 10' rear yam setback with reduction its the 900 sq. ft. oppam space requirment in rear 2/3 of lot, (4) go reduction of street widths, cul-de-sacs and ri ht-of-way as shown on Terntative Tract No# 6675; (51 Lot sis:e to average 3330 sq. ft. with 371 of fronta a in deviation to required 6,000 sq* ft. and 60 , of frontage , Reasons iive�bx the l i ( In Brief) To 'increase water fron::agea and activity zoned living patterns working together to hamoniously provide an equality of amenities to every house inn the pooposed plan. Staff recommendation: Approval for Alternative D 4 , r i",1, ` T 'S� iN'ay , a S" • ;'n ''' �,� '.;�i'' T %,A4 .\ •r ,r °•' ' �;,, r '.` xF T„� � } i ,A.h � K # �4,1,1��'��M"�"�• ti 'i,.f ^' ., _ 11 rY>S, r�, , , M R . r , 1• ,+ � 1 w Ob 41_ Y a�aws �►ian Ut im s ism rarnded fttir approval by the City � t i upm the following corditions s 1 . Lot sizes shall be substantially the ame as p Wyk shown on the approved Tentative dap. ffor-Altamtel+. 'n r, 2. The rn iy NnViFard setback shall be 10 f t . 3. Roar yard setback of la ft. shall be permitted e9" for waterfront lots onlyy, and the 9c7C sq. ft. , ;<• of open space need not be provided, 'y ` 4. Coman 4reai, including private streets shall not be dedicated separate ar.d apart from the individual parcel or dwelling unit. S. All provisions for a community association And f ov perpetual sa►inte ce of the cou=on area aid recreaticst area B all be approved bit the tlannitng Department and Legal Department. b . The CC&R' s, Articles of Incorporation, By-Laws and Management Contraut shall be submitted to the platnal,hg Department and legal Department for approva 7 . The, =Rl s shall contain at least the following provisions: ae Thn Recreation area shall be resented for thii or:-Au©ive use of residents within the pro j cent and their non-pairing guests . ; ` q f" b. Owners and/or tenants shall br: required to abide by association ;.-ules and there shall be penalties for violation of said rules. i c. Any interest in the common area (including T' private streets) held by the individual parcel owners can not be devised, conveyed or dedicated separate and apart free the devise conveyance, and/or dedication of the individual parcel for a life in being plus 21 years, excepting this may be accomplished under the sauce conditions or rounds as are available under judicial part tion. lyi r�yrh •�7gr �Nl�,r + p�r,(y,.^��, ('��'�,kll�, 7r.�y ��� 4 '� !'i•�h ' r I � j rti,` ' i l ofNO r 'n �+' Y� {1�, ����ylf''•r � � P� � .If/� k�Z h;lw• � .1! b� �I�8 � /Sri{ °4 :�:�' �.4. �wyr�..m. Pklm ,1:,, ' � [ '�l 4•,�'� r YF '$pLer �`r '��r+gg Y �yy��.,I� •, 1 J 4 +r'ilk � •�... r f �7/ i i ':�- 0.1+-T5� �rr'� � j�a� �''`'i'� � '� A,',� � I A r r1�rM.,!, " :i. ��',', •.r( . 1 n.'„( q ^� Y �, .^ �,+I`I,t, r �, � R 1 'YI .•+ I',•,b' ji ,,f ! � / ►Mf q r / � ,r '�- �,ArYR I•."fit .. \• 1 i h@•1 r�r: : ...:Si' i rri- 1 4 } r 1 tiV, lii �plf ti� al' wyYl►'r'�,y� I 1'� t', .Y 1 A. 1 ,. 7r• Vl�� � 4'j' •.i4� : mi d. if the development is constructed in in- 1 cr to or seveml final maps t reriproal =11a and reci rocal manaSment agreament '''• '` shxllbe established that *ill cause a merging of increments as they are completed. The ond result shall be one horses association ' with common areas common to all and one manage- ment for the entire project . . d precise plan for development of lot 46 (the r z r recreation aroa) ahall by submitted to the Planning Department for approval prior to issuance of building permits. �f 9 . A 6 fr. high masonry wall shall be constructed .I, along the south side of Street A. t yes,' 10. If the streets are private, a lighting system j; s1ml.l be installed within the pro, act equal in f illumination to lighting on public ,streets. A lightsn� plan shall be submitted to the Department of Pablio Works for approval . 11 . Two fully enclosed garages shall be provided for each unit . Said garages shall be equipped with automatic garage door openers. 12 . All apritcabl.e City Ordinances shall be complied with. 13. Approval of this conditional exception shall only apply to Tentative Tract Map No. 6675. ;,�.. CALL VOTE: Alkss Basil,, Miller, Roger, Lane, Slates, Toga ASOUTt Duke Respectfully submitted, 11 K. A. Aeyaclds SOCretarys Planning Commission i Y i i Ar cat , Boaeh, Oallforiniv 92648 , ,,,•MIt Y I' IY Re ; Conditional Excoption Case No. 68-40 , Tentative Traot Application pro, 6675 froposod City Council Hosolution No. 2822 (!l 11 catlon ear a-,- A . Eerkus ) III 1� .Y 8 ' 9 Otnt lemen: ' 10 As you kno: we have been retained to represent the ro srt , s °' p p P � cnm*rs (approximately 100 persons) who have p gone o.r. record with �rau � 1 objecting to the granting of the Conditional Exception which in the " 1$ subject of the above-reZerenced applloation. A r. We respectfully submit the following points , authorities and argument in support of our, positions t'la t : 17 lg 1 . You h#lve not taken final action herein to tyie date 1 by your action on August 19 , 1968, cr otherwise . so 22 2 . Final action must be taken by you either (a) tc $ the subJect conditional Exception by adoption of a resolution therefo or (b) to reject it by either ( 1) disapproving the Planning Co eal.(wf N4 recommendation by motion, or ( 2) by refusing to adopt the resolution $ now pending before you by motion , �A 2'? 3 . You may not lawfully adopt said resolution or other•- g8 wise efrectuate the planning Commission 's recommendation in the prose t $$ state of the record. $0 ; .h . R • '', I t , Imo" 0*0 No final-action has been taken "y Vic:,•, ; Q.n these matters . Final action can only be taken by you by adapting the ,fro o�,sea reso'luti.on 1, 7 pending before or by disapproving 8 the P1a.nnin&..C4mmiss ian ' s recommendations by motion r 10 ll Sections 9961-9961 . 2 of your subdivision ordinance state : •; r ' I , §996).. - "The Planning Commission may recommend that Ito he 14 City Council authorizw conditional exceptions to any of the require f, 15 ments and regulations set forth in this Ordinance . Application fora y is such exception shall be made by a certified peti.ticn of the subdivide: 17 stating fully the grounds of l,he application and the fasts relied ..ipa 18 by the petitioner. Such pets Aon shall be filed With the tentative 19 map of the subdivision and rtiquived filing fee . A fee of $25 .00 shal 20 be collected for the use and benefit of the City and shall be deposit d 21 in its general fund . In order for the p"oi ervy referred to in the 22 petition to come within the provisions of this section, it shall be r•,., y 2$ necessary that the Planning Pommission shall find the following facts 24 -vith respect thereto : " (a) That there are special circumstances or conditions 2Y Wecting said property . " 26 1 q " (b ) That the exception is necessary for the preservati n $� and enjoyment of a substantial property right of the petitioner. ail 02 " (c) That the granting of the exaeption will not be i.. :ipl,''�2� u. ti ....r • ... ..,... ' _.ice_, _ti. .-x'.-' - - _ .. ,_ ... . .. . . . .r ,� 1. Allwi r et,41 1 `'' ' ; ► AettiatOntal to the public w*lfare or Injurious to other property in t V101nIty in which said property is situated. " 61 . 1 , ' " (a) In recommending ouch exceptions , the Planning Commission d shall secure subetantia.11y the objectives of the regulations to which ". I the exceptions are granted, as to light , air, and the public health, };2 t. 8 safety , convenience , and general welfare . 10 " (b ) In recommending the authorisation of any exception undo A 11 w .• the prcv3.sions of 'this socTWion, the Planning Commission shale report is to the City Council its finding with respect thereto and all facts in , la connection therewith , Justifying such exceptions , and shall speciflag ly+ r 1 14 and fully set forth the exception recommended C.nd the conditions dew lb signated. '' 16 1' 17 61 2. - "Upon receipt of such report, the City Council. may , is by resolution', authorize the Planning Commission to approviy the 19 tentative rra.p with the exceptions and conditions the City Council so deems necessary to substantially secure the objectives of this g' Ordinance . " SS g Tt is apparent on the face of the record in this case that, .rr 24 (apparently because the Conditional. Exception was filed as a necessary 25 part of an application for approval of a tentative tract map) , the x` g6 entire proceedings were handled administratively under the provisions 87 of Sections 9961-9961 .2 rather than under the provisions of Sections �g 9830 et seq. to which the rule stated in Section 9800 would apply ' 29 subject to the appeal remedy stated i:; Sections 9$$0 et seq. Thus , 30 the Planning Cozai,ssion in its letter to the Council of August 19 , 31 1968 did not purport or attempt to decide the matter, but merely 52 recommended that the Council approve the application subject to stet* 3 .. ftolt tons ► In addition, the minutes of the Council 's meeting of 9} ' Agwo 196 1968 show that the Planning Comlesion 'm tranamittal was 11 riot a final aatlon by them$ bat a recommendation for final action ,ay 4 ,the Council . Pinally , In accordance with the specific requirements of 5 Section 9961 . 2 that the planning Commission ' s report must be adr,pted b t a resolution ii' it is to be ;,adopted at all , the minutes of saV1 Council 7 meeting state that the motion which was made and adopted was i motion 8 directing you to prepare such a resolution , and that said resolution t state conditions in addition to those stated in the flannir.g Commi5slolliti 10 report . 1� k•' P k� is Consequently , until the Council adopts or rejec6s a resolution 18 approving Conditional Exception 68-40 and Tentative Tract 6675 , there 1� cannot be any final action on the matter . 16 Faint 2 if �.� The grant of a zone variance ' 17 is a matter of grace , not r?.ght . to Before a zone variance can 2:1 be laws ll granted, the 22 conditions stated by statute gd or ordinance for its grant 24 must be copplied, with i `" g6 The Callf0mia Supreme Court states the rule with vespeet to � 87 the City 's discretion in the grant or denial of zone variances and 28 exceptions as follows ia ttie case of Rubin v . Roard of Directors t 16 99 Cal 2d 13.9 at 124 ( 19 4 o ) : 30 $1 "Unlike the "spot zoning zoning" obtained by amendment ors the general zoning ordinance , a variance on exception sanctions a j �41.�s. ,.., .., .., __ __. . . _�.._r. .. .LL_..._.. ...._�., . . �. .. ,.eW, ...:WYrV:•. ., _ ii:Jt2. ..,w.., ..xYLrd�i!.,,s_ JIY.... ......... . .. . `�rll�. .,�ili.�..i� t• •i>.,,yVu • } 1. +ry, , +•�" �_`y,1'�` I ,+ by ; f�vf/fir "'w• ' w. a deviation rron the standard under the dispensing power vested vent in the adminivtrat1ve body . This authority is entirely ,;•' � 4ir#erent team a licensing power under which permission may be grants v• to do an act or conduct a busineein when the applicant has complied wi h I the regOlremente of the law under which the license is sought . 6 Ordinarily , under such circumstances , the administrative body must 7 issue a license . On the other hand, the grant of dispensation is a ,1 8 setter of grace , and' a refusal is not the denial of a conditional 9 statutory right ; it merely leaves in operation the statute adopted 10 by the legislative body, 18 Before such discretion may be lawfully exercised its favor of :r. 18 the granting of a variance from or exception to the basic zoning . Y14 regulations the granting authority must comply with the statutory or 18 ordinance requirements which sanction and govarn the matter. 17 Thus , the California Supreme Court states the rule in this 18 respect as follows in the case of Johnston v. Board of SupervisorsL 19 31 Cal 2d 66 at 74 ( 1947) : EO 81 "The board of supervisors, moreover , had no inherent 22 power to grant the use permit regardless of t,ye terms of the ordinana . 93 1t hms long been recognized in this state that a county board of 24 supervisors performs administrative as well as legislative functions . 26 If the board of supervisors had power to grant arise permit , E6 it was are administrative power for the same reason that the granting 27 of permits is administrative when done by a local board. When a E8 board of supervisors acts in an administrative capacity , as in grant1rig 89 permits under a zoning ordinance , it is bound by the terms of the 30 ordinance until the ordinance is amended through proper legislative 31 procedure . " 3E •�V •yr((,..•!(' 11 L - 11'f n t13'If ,v. , )) , �{� {} j.1ry/y7 y, 61L� " + - �4Y'��'lr!..r.. YJI? __ • —_ ._. _ .• :. +• i I_ � /. _'•._ Mb �31, `6 AlNbll.il4 � .R, J„'�1QMlt '�7' 'T, Yi�. • 'tti,VM!h";`• 71'/5 1'''� 'u�x.r- ".. },�r t11�': `y�-�1��{rt}i+''7 •1'ti' "' .: 00 k;c Y" 1 r � !; y fThe Calltomia Court at Appeal, in a oaeu wherein a sons VWJ*me was applied for and denied on the grounO that the gpplioant MA failed to produce evidence sufficient to meet the requirements of d the ordl de, Sernstain v. Smuts, 83 Cal App 2d 108 at '115 (1947 ) ,$ d states this rule in even stronger language : ''Neither the Zoning Administrator nor the Board of A Zoning Appeals is a law-making body and neither has power to die., »�s regard or amend the ordinance under which it functions * " ll In addition to the special A - `ci.al requirements for granting ex `. eeptions from the zoning ordinance in a subdivision case (See Section i 9961.-9961 . 2 quoted above ) , your zoning ordinance provides as follows �` 1d with respect to the requirements which must be met before a � 16 rsonditions.l exception (or zone variance ) may be granted : 17 §9830 -"When practical difficulties , unneceasary hardshi s, 18 or results inconsis6ent with the general purpose and intent of 19 applicable provisions of Division 9 occur through strict application if SO therr provisions , the Commission, upon its own motion, written requ 21 of the Council , or receipt of a petition prepared in accordance with ' fS Section 9830 and Article 906, may grant or deny conditional exception to the provisions of applicable provisions of Division 9, provided gd that so doing will not defeat its general purposes . " g� 26 �283_2_J - "That there are exceptional or extraordinary 27 circumstances or conditions applicable to the land, buildings , or SS premises ,Involved, or to the intended use of same , that do not apply 29 generally to the property or class of uses in the same dictri.ct , " so $1 52 —6 1 � Le . A k► t.t.. .1 % r Y y., 111 • � y S 11 J 1 k* . ., � (3 2 w "Th&t such conditional exceptions are hecess �! Ater the preaervation and enjoyment of substantial property rights . " ., `" ,�n 1 1tr'• r 8 - " 'hat the granting of such conditional exceptions will not be materl811y detrimental to the public health, safoty , and welfare of injurious to the conforming land, property , or improvements in the neighborhood of the property for which such y conditional exception is sought . �}f F, 1 Under the decisional law of California, these requements mug 11 be met before the variance or exception lawfully may be granted. (Gordon vs . Santa Ana , 188 Cal App 2d 6802 6814 (1961) ; Mi.nne o s, 164 Cal App 2d 12, 38 ( 1958) 15 Our State law is in accordance with this principle . Thus , , ' Government Code Section 6590 states : 17 18 "Variances from the terms of the -zoning -,rdinence shah. 19 be grant QL11 , when, because of special circumstances applicable' to 20 he property, including size , shape, topography , location or ©urroundi gs, 23. the strict application of the zoning ordinance deprives such property 22 of privileges enjoyed by other property in the vicinity and under 23 , identieal zoning classification. 24 26 "Any variance gr"ted shall be subject to such Oonditions eg as will assure that the adjustment thereby authorized shah. riot 7 constitute a rant of s eeial$ p privileges inconsistent with the limitations upon other properties in the vic,i.ni,ty and zone in which 29 such property is situated. " SO 31 S� -7- 14,; M i-w1111 ' p!'+F, -r_F RtiI Jfi-`w'..1'�71'�'P •W�1iil�•w�6y"S91.I iA"` IIIMi' ;F. •.4. 1IIFT7'711'I�J .T,f -� R M v A a + 11 J Jl • I Jf A� R" +w •: ' The aorlagAnt h4s ftled to establish in the record 10 before- you any of the conditions I1\AYY�._ ��_111 I III I ■1.Y_�.Y YI.I .�.\I__I�\W y required by your ordinances for xho granting tf the Conditional .,A•j i Exception he seeks ; and the i�•, 11r�1 C PlInning osmLissioj: has made no findings ■��1.Y\II�I ■ "•'1 III I\I IIIII■\..■ .i\YYYMIYI41\.���rl. \liYlY Ylily.�� • of a i ch/-compliance . Consequently -You � �� ^1 l. f 1l MmaX not lawfully grant the Exception IV YI/IIII .'y' . soug�ht, re. gardlese of the conditions now ,;�•• A sought to be imposed upon such 1� grants an thel f$^ts now before you _ la 16 All of the conditions stated in Sections 9830 et seq. and 17 9961 et seq. quoted above may be generally summarized into two lg catsagories ; hardship and detriment . ' The applicant must establ -sh 19 therefore , that h�! is entitled to the- Exception because of hardship ga and that the grant of the Exception will cruse no material detriment 21 to adjacent property owners . (Tustin Heights Assn, u . Board of $2 SMer1Jgors , 170 Cf'.1 App 2d 619 , 627 (1959) ) �# 'het the applicant , the Planning Commission and your body have 6 recognized, and appear to have accepted the fact $ that no hardship 96 has (or can) be established in this ease . Instead, the Exception rigs 87 been presented and recommended for your approval on the basis that 28 the proposed layout and use of the land reete good planning practice go regardless of the R-1 zoning requirements of lot size and width which 34 must be disregarded in order to allow it . Such reaeuning has been 51 specifically rejected by the California Supreme Court in the recent 32 case of Brl o, gdwey . Laguna Etc. Assn . vs . Hoard of Permit Alleals, - _ ... _. , _ y.. . .. - ...5'.. y+�'•, .. .,.. ., _1. ._ _.. ._ _. �.l,.I.... .. t. � 1ti�''�+3.��481LS:3iI�1 ,, "„n��,• w�,;;ra`h'�'''.' +"'+ ".iG��j 7,f .:1r��q�'..Fr, �:q.. . rti., ,a4:r,' , ..•pr y'�",e' !: + � y :, ' I Baal 2d 767 (1567) ; A ignores a procedure for such "unique" land use `p1&nnir,g and development in your own zoning ordinance : the RlPD5 regulations stated in Sections 9130 et seq. of your Code . 41 r 5 Because of their relevance to the specific issue before you , ,7. d we quote at length from the Supreme .Ccur•� 's opinion in the Broadway , 7 I Hung, .et,tc.... case, as follows : (all of the following are statement of s 8 the Supreme Court ) r N , 9 "We must decide wriother the Sari Francisco Board of Permit 4 . 14 Ap► exceeded the scopt of its authority in granting a variance 11 under the circumstances of this case . That variance rested upon the 12 alleged attractiveness of the proposed building, coupled with the 13 belated discovery of subsoil conditions requiring a more costly 1* foundation than anticipated . We conclude that the approval of a 15 variance on such a basis would undermine the foundation of a compre- r } ld pensive zoning law. + 17 , 18 "The controversy before us arose in 1963, when a develop r 19 (the real party in interest ) contacted the 'Zorning Division of the so Department of City Planning concerning a proposal to construct sn ll- $1 story , 530uriit apartment building on R-4 property located at 2030 98 Vallejo Street in San Francisco . The zoning division adivisei the gS developer that the proposed structure would contravene the floor area 84 ratio regulations, which comprise the primary bulk and density contra 26 mechanism of the City Planning Code . The developer nonetheless P6 refused to modify his plans before applying for a building permit its 27 June 1964 ; in July the zoning division disapproved the developer's gS application . 99 Zp "Confronted with this obstacle to the execution of his project 31 unless he obtained a variance , the developer undertook a study of 32 subssoil conditions on his Vallojo Street property . Although he ,.� , '".tip°�Y!�/�.A'A,� 4°�,�}w,*•„1" ��. r. :� ., t , r 7, °jme na*4 the study several months after in'torzing the Department of �! 01ty Planning that the proposed structure was already designed, the developer, and ultimately the Board of Permit i.,,peals , relied 4 exclusively upon this study to support the assertion that "unusual 15 aubsoll conditions" required a variance from the floor area ratio 6 regulations . "After completing his subsoil investigation, the r.` M 0 . developer applied for a floor area variance in August 1964 . He urged1 10 that the "unusual cu.iditions" disclosed by his study would cause 11 unnec,Jssary hardship if the planning code were strictly enforced. He 12 argued further that a variance from the requrlements of a "minor" cod is provision seemed appropriate sine his building would possess 14 "attractive features" above and beyond those required by other code 1� a provisions . •. 16 9 17 "The variance requested by the developer, however, did 1B not involve a relatively unimportant; code provision ( On the contrary 19 the consensus among zoning authorities is that, in terms of controlling BO population density and structural congestion, the techni ;ue cf B1 restricting the ratio of a building' s rentable floor space to the i 2 size of the lot on which it is constructed possesses numerous 93 advantages , Moth theoretical and, practical, shared by no other method 24 of controlling building bulk or density . The developer in the presen 26 case thus sought more than relief from a purely technical requirement ,I 5 of an insignificant ordinance ; he requested instead a variance from 27 a regulation which has become a cornerstone of contemporary building 28 codes . 29 301 "To protect such crucial provisions from circumvention, 81 the City Planning Code prohibits the granting of a variance unless 32 the appropriate persons , beginning with the zoning administrator, ; 4 r ;have first determined that five epeelfled conditions have been met ." :? "The baste difficulty with the board 's rindinga 1i. the , instant case in not that they lack evidentiary support but rather Y , $ that they la,3k legal relevance; even if they are: assumed to be eorres Y $ those findings simply do not meet the requirements of the planning 7 code . "Viewed in the light most favorable to the board and to the developer, the evidence disclosed by the record before us support Y1 the following findings us' fact : (1) Aft+er the developer had been told that the proposed building would violate the floor area ratio 13 regulations he undertook a study of his p"operty which revealed that Y unusual subsoil conditions at that location would increase foundation 1$ ccats for any structure similar to the one he proposed; ( 2) such 18 increased costs would render the foundation of the proposed building 17 from two and one-half to three times as expensive as the developer 13 had anticipated; ( 3 ) because of this unexpectedly high fixed cost , j 19 the reduction of rentable floor space in this or any similar building 20 to a level consistent; with the floor area ratio regulations would pre aA the developer from realizing as high a rate of return as he had hoped $8 to obtain from his investment ; and ( 14 ) the proposed building, apart from its excessive floor area, would conform to limitations more 24 exacting than those imposed by the planning code with respect to hes.g t , K �$ lot coverage , number of dwelling units , uncovered areas , and parking 96 facilities . Accepting those findings as true , we have concluded that r they fail as a matter of law to satisfy the statutory criteria. { E8 $9 111 . Excep�tl'onalCircumstances 'r 30 "Thc first criterion wrAch a var..ance applicatio 81 must meet is that there be "exception or extraordinary circumstances $$ or conditions applying to the property involved;, or to the intended u e 4; ����"ge!F,j'rf. -* .��.�."�F°Mty `c�,,1..Ir"Iglylyr�.p!I�I''p'1#ha.y�,Jl.a��1'M' • r , 1 � . S I �„AAA , a• at ths propevtyx that do not apply genera31y to other property or Use � a1 in she scarf al"s of district . " (City Planning Code , 53C2(-fl . They } .:. board purported to find two such "exceptional circuritaLances" here : (a) 1 . 4 the unusual subsoil condition "applying to the property involved"; an a (b ) the attractive architectural features "applying to the Intended use of the property. " Neither of these circumstances , howev . :, • satlefies tho code ariterlon. "ac. Unusual Subsoil Condition 10 "We turn first to the subsoil condi,64va belatedly discovered 11 by p the developer. On the evidence before it the beard could make no � 1: 12 finding, nor did It attempt to make one, linking the eubsoi,l conditio -:a i -A to the asserted need for a Moor area variance . Unlike cases in whit ,; 1# topographical conditions prove to be physically incompatible with 16 attempted adherence to a zoning prevision, the case before us present + no logical rplati.onship between the condition identified and the 17 variance requested . 1g 19 "Admittedly , the soil condltion5 beneath the developer' s so property reatri at its income potential; but the mere fact that a floo ML area variance would enable the developer to increase the rate of retu n upon his invested ca-)ital can hardly transform the developer' s subso3 ` gg problem into the sort of "exceptional eircumstauce" contemplat"d by 4 the code. In a word, "profit motive is not are adequate ground for a R6 variance . " 26 g? "We recognize that virtually any circumstance which would lee 96 a commercial real, estate developer to seek a variance may ultimately 99 be translated into economic terms : the developer attempts to obtain $0 rellef from a particular zoning provision In ordor to augment tht: 31 earning power or the market value of hie property . We must be carV-fu 82 to distinguish , however, between those circumstances which prevent a 1 :,�''`• , ' "builder from profitably developiag a lot within the structures of the 2 planning code and those conditiono which simply render a complying '< structure less profitable than anticipated. If conditions which 4 merely reduce profit margin were deemed sufficiently "'exceptional" to e warrant relief from the zoning laws , then all but the least imaginatilpe A g developers could obtain a variety of variances , and the "public inter a a 7 in the enforcement of a compre;.ensive zoning plan" ( cunt(gounty of SIM 0 Diego v. Mccl�urke_n (1951) 37 cal . 2d 683 , Ego C234 P. 2 9721 would 9 inevitably yield to the private interest in the maximization of praft V ' 10 ti 11 "Keeping in mind this fundamental difference between circum- 19 stances which d prevent a variance applicant from economically develops �:''•;. ., 10 his property and those which simply reduce his expected earnings , we s P Y p g , � ' 1* note that in the present case the board determined only that the 15 ''unusual subsoil condition" would increase the cost of the proposed 1, Ir� 16 building or of any similar high-rise structure . The board did not r 17 determine, however, that the subsoil condition in question would r 18 similarly increase the cost of a differently designed building . 19 1 ,. so "Moreover, even if we were to assume , as did the board, that 1' 21 the developer could properly insist upon constructing an apartment � *` 22 building similar to the one he originally proposeC, we would still 23 confront a fatally defective record ; The board made no finding in th s .1 24 Case that the developer could not earn a reasonable return upon his 26 investment after modifying his building to the extent necessary to 26 comply with the floor area regulations , nor would the evidence before 27 the board have supported any such conclusion . (Contrast Wilcox v. 20 Zoning Board, A ea;s (1966) 17 N .Y. 2d 249 , 255 [217 N.E. 2d 6331 . ) 29 go "In this connection, we note that in July 1965 the petitioners 91 sougt3t a %rlt of supersedeas to halt construction of the building 88 pending appeal. . The court denied the writ after the developer filed y YMll'• I ' L f�ulkdor penalty of perjury a declaration a gating that if he were perrat to Proceed with construction he would thereafter modify the building "by removing the top floor and two ground level apartments , even after constructiori to meet floor area ratio requirements of the City Plan.nin ', .E Code if the] should lose the appeal . " Thus the Bevel-,)per assured the . 5' court that he would. make the required modifications cations if the variance �t later held. improper. Having implied that he could proceed economioaz { with his project even after altering it to comply with the governing floor area regulations , the developer can hardly claim now that his 1n ,i apartment building will yield an unreasonably low,. 21 p �S y S profit unless he 1d • permitted to spread his foundation posts over a rentable floor area 1� . beyond that permitted by the code . At most , the developer may urge a reduction in expected revenue ; as we have explained, however, such 14 a claim does not rise to the "exceptional" level demanded by the Code ;I 18 • "b. Attractive Architectural Features 17 18 "Nor do the various architectural limitations incorporated in I 19 the develaperb proposed structure rorst'itute "extraordinary 20 conditions applying to . . . the Intended use of the prope.-i1j" (itali a gl added) within the meaning of the first varian'6e criterion . I 2$ "First, the concept of "Intended use of the property" does no � $4 encompass the contemplated design of a building to be constructed on that property but refers only to the activity which is to be conducte 26 there . Second, an "intended tag;e" does not constitute an "exceptional 1, 87 circumstance" unless it does not "apply generally to other . . . uses 88 in the same clans of district . " In this regard, the board found only 89 that the developer proposed "to build according to development stand-- 80 ardA which are more :restrictive than are the provisions of the $1 Code themselves . " The board then drew the conclusion that "therefore [the developer 's] intended use of the property is unique and constitu es � �� _�.i`. .�f.:_ ,,, . _. .._. .i _. _.__ _ .. .. ... ...... •. .... _ �_.. _ ... __..._ _.._.. _,._.,�_. . . ..o,..a �....dna.. 's..a..r.. 1'.W. __.32ti1". i.G_�.idL'. � .fir 7. 'V•' ., 'W 'ln','bY'�+!"•I) .' . • +, •h• 4. . G „A►'7 an exoptionol circumbanoe . " That ooncluelon was of course a non sequitur. The beard made no finding, nor could it have done so on 4 I the evidence before it , that other buildings in the slime zone were M, 4 not 7 -11,ewise: built "according to development at&-vidards more Y; r 3 restrictive . thali the providione of the Code themee].veri . " , 2. Unnecessary MardehiR "Even If the clrbumstances identified by the hoard could 10 qualify under the first criterion , however, the variance should still have been denied since the developer did not show that as a result 4..' 1 much eircumtances , "literal enforcement of [the floor area .patio r r� 13 regulations ] would result in practical difficulty or unnecessary 1* hardship . " (City Planning Code , §302(d) . ) The board found: (a) tha 16 since; the building would benefit the community , enforcement of the i6 code would work a hardship upon the surrounding neighborhood; (b) tha f+ I. 17 the developer' s adoption of "superior` to code" building standards would '18 impose a hardship upon him if the variance were denied; and (c) that 19 "the subsoil condition obviously constitutes a practical difficulty 80 for development . " y Ql 8$ "a. Benefit to the Community " 23 84 "frith regard to the community benefit , the board 's finding va Eb neither relevant as a matter of law nor Supportable as a matter at 26 . fact . Although impact upon the: surrounding neighborhood is an im- $7 portant factor in the variance formula, the planning code specificall 28 provides for its consideration under the fourth and fifth criteria. 89 In requiring a showing that literal enforcement would cause hardship , 30 + the second criterion looks only to burdens upon the variance applican "" 51 38 "Even If it hat,, been legally relevant , however, Lk,e board ' s i f �'1�� y �' �.46f� � .. .. . .1 .4M..•In. �b' .F'.. ��Y•.•.�.. i. ..! .i ww.1'W. _....,. _,.., •. _., 1.., 7 ryas �� ,< I 1 determination that *he community would :.suffer if the floor area regulations were literally enforced would final no support whatever in 3 the evidence . Accepting as true the board ' s Pinding that the "att vact ve i 4 featu,ret-11 of the developerb building would benefit; the neighborhood, i does, not follow that the community would sacrifice such benefits Lf the 6 code were strictly enforced. Nothing n the record saggegts that if i his variance application should be denied the developer would forego 8 his project or elintinste any of its beneficial features ; indeed, the i developer has indicate: the contrary under penalty of perjury . Althou 1 10 a. denial of a variances would cut into the developer ' s profit margin , xl the community derives benefit not from his financial gain but from his r ' conforming building . 13 14 "b . Superior Buildin Stardards 16 16 "TurnJng to the board ' s inclusion of the developer ' s adoption 17 of superior building standards as an element of hardship upon the 18 developer, we need only note that such self-imposed burdens cannot 19 legally justify the granting of a variance . " to 21 "c . Practical Difficulty 22 23 "All that remains of the board ' s findinF;s with regard to hard- 24 ship is its observation that "the subsoil condition obviously conetitu es 26 a practical difficulty COr development . " But the only such "difficult " 26 Lupportable on this record must stem from the develo er' s claim of P 27 increased f'o,andation co;. t . In this connection, the board simply 28 concluded that any economic sacrifice flowing from enforcement of the 29 floor area regulations should be de=ed "unnecessary" in this case 50 because the proposed building would more than comply with all other 31 requirements pertinent to busk and dimension. In reaching this 22 conclusion, the board asserted that the floor area regulations merely a� row I■ I duplicate those governing such factors as height , lot coverage , number of units , and opera space . Apart; from its shallowness , the board 's S approach rests upon an Impermissible assumption ; that the draftsmen � 4 engaged in an idle act when they added the floor area ratio regulation 6 as independent requirements of the planning code , 7 "The board ' s characterization of any resulting difficulty or 19 hardship as automatically "unnecessary" in this case must stand or 91 fall with the broad notion that a variance applicant may earn inumur;ity to from one code provision merely by over-compliance with others . Since: 11 few buildings are designed at planning code minimums , variance 12 applications based upon this open-ended theory would soon become i 13 commonplace . The board would then he empowered to decide which code 14 provisions to enfoi:-e in any given case ; that power doeo not properly 1s repose in any, adminintrat:ive tribunal . " 16 17 In this case before you , there has been no 5t.temnt to• g.U2K o 1s ggg ire the shv n of an h, ardshiU . 19 20 ConLluaion 21 I 22 We have previously transmitted to your City Attorney a 23 I statement of our position on the points raised by Mr . Berkus ' attorney E4 at your meeting of September 3 , 1968 relative to appeal , estoppel E6 and crested rights . A copy of that statement is filed with this 26 presentation so that year records in this matter may be complete . 27 28 We respectfully submit that our position herein is supported $9 in law and by the facts In the record before you. $o { 31 '►.,., fYY 4'l.a,•9•W, 1: .l .A^: Al i• i i 1 Consequently , we request , on behalf of the affected I p.roteatantr; , that you disapprove the Planning Commission ' s recommendation and deny the Conditional Exception sought by Mr . Berkus in its present form . 71 Respectfully submitted, ? i TAYLCR & BARK ;R 9 by Marcus E . Crahan, 3r. 1p Attorneys for affected protesting property owners 11 1� 18 ;: 14 1� 17 18 19 20 22 25 24 25 96 27 28 fig $0 31 + JT I .a • CI'tY CL[RK I I `f C F } I;UNTIN�'(iNi BLACA.CAIIF. +I CITY RNEY FOR HUNTINGTON BEACH: BRIEF CONCERNING CCNDITIONAL EXCEPTION NUMBER 68-40 _ I .A N W-DEVETOPEK"�' o '! COM S NOW the Developer , HUNTINGTON HARBOR PROPERTIES, � INC. , a Cali corpor. a tion, �.hrc u,;h its Applicant, E. A . BERKUS, 8430 Santa Monica Boulevard , Los Angeles , Califo- 'a , E and respectfully :represe:.:.s to City Cou,,.11 of the City of 9 `I Huntington Beach and to the City Attorney 2:.. t;a City of Hunting- I' 1011 ton Beach, as follows ! !I ' i+ 12 , FACTS ' w3 � B, A . L�.141 BUJ , �.c Ling for the Developer her::-_n, made. an Application tw the City of Huntington Beach for a Conditional xd :xcepti.on, numbered 68�-40 , for a planned de•�elo-,<<.e with saveaty-� � i :sire (79) single-family dwelling- units with write,.. �.. �t�.,;� , dock side yarde . The staff r:or the Plannir. , %'woM..-tki.ssi.on made re;omroenda tion for ,:2prova 1 and acceptance o} a id 79 lots, 8nd on July 9 , � �WC , ing ���ore ' th�: Planning i U ? was held , in which -'-e Planning Commission refused and. -ra; acted 2i the 79 lot land development plan, despite the approval a%:d rwcow- 22� :.;end ::. on therec f by the staff. At that hearing, there was a '2oi Petit:'on presented by certaii, of the homeowners ::.n Huntington 2 ! ..arbv,.-, alleging that the property was sub-standard in nature, a,nd 'that the size of the lots would be a detriment to the remain- ing homeowners in the Huntington .:arbour development. j ! It was argued at that z_:ae that the proper cy being $�! " i r.t Conditional E:cce tion Re- ,r ! developed, which is the subject of the C p 29 ► "Land an' oo�c I ,i dues:, was in. a buffer area , and that the Ian Plan" t . .zto � 30 accour.: this condition, sn►d , in addition thereto, allowed, z green- .,ti area with various - recreational (aril+tie$ included, ovzied I� 3 ;} on a COMM own4krship and maintained basis . The argumout , . I however , was to no .iva il, and the P lannin; Commission said that 2 a new plan would have to be devised, which would Increase the I 3 Gize of the lots so t1h,At fifty -A`ao,t.. 17rontacles could be obtained. 4 Many hours and much money was spent: radevel.cping the 51 plan-s and reducing the lo;s frc 1 79 to 65 In nuniaer , and increas- 6 ing L'heit requirements L-o the - ifty root: 4Ji_dth su rpst:d by the I i 7 Planning Coirmi,ssion. Th,- staLr for the rlan:iir.;� Comm scion again `I 6 !i recomunended the 79 tot Land Flan, but also recommended the 65 lot 9 Land Plan, which, within its terms, included the recreational 10 common areas , as well as the gree-a belt and other planned facili. - 11 ties . On August. 6 , the Pl.anninr, Commission reviewed both ;)l.ans , 12i and voted unanimously for the 65 lot plan, following the staff' s 1.3 raco=endatio�i concerning said pan, and ultimately issuing a I 14j Letter oy Transmittal, wMch is attached hereto and mnrke%; as 3.6 i� P,xhibl' t: "A" and incorporated he:-ein at this point by reference I - 16 Ws if mare fully set forth, reflecting that the Planning Commis- �f 17 Sion Action I` 18i{ "Approved and rccomm4nded for approval. by L•he City Council upon the following conditions : . . . " Ii The conditions were standard requirements based upon the decision of the Planning Commission. There were no ::roe �I .23 il and .all. ayes , with the exception of one absent Planning Commis- � w`- �; sioner. 23 On August 19, 1968 , a Nearing was held before the City 416 Council. At that time. there were no m.ps , plot plans or graphic j I 27 I illustrations available to show to the City Council, because: the I 2811 Planning Commission had not transferred them over along with its 29 {� Letter of Transmittal. Developer was linable, �.n the openin, I 1 j 30 stages of its presentation, to point to any illutL�btive diagrams , 31 because of this oversight ; ultimately , plans and diagrams were J 32 shown, and an explanation was given concerning the layout of the f -2- 1,1 1 M, r 1� i 1 entire program. 2 I7: IS TO BE NOTED THAT NO PERSON RAISED AN OBJECTION; 3 EITHER AT THE SECOND PT ANNZNG 1,=TING O:.d AUGUST 6, _96$ , 4 OR AT THE CITY COUNCIL HARING ON AUGUST 290 1968 . NO ME i 51 OBJECTED, NO ONE CAME FOW%T ARD TO R ? 'IESE7N ANY LAND OVNERS, .sND 6 ' NO ONE ELICITED ANY TESTIMONY OR STATEML tiTS AGAINSI, On ANY I 7 MANNER DEROGATORY TO THE P11On0S Eil LAND DEV LAP,,1E,';T ?LA AND CONDT.-� a TIONAL EXCEPTION FOR THE 65 LOTS r ! Ultimately, the City Coancil, on August 19, mode its 10 finding, which was , and we quote; �.1 12 "On motion by McCracken, Co%incil sustained the 13�! I Planning Commission and directed the City, Attorney 14, to prepare a Resolution approving CE 68-40, as 15� amended to inclLde a condition that the developer �i 161i would make no requests for waiver of Recreation 17) and Parks fees , Motion carried . " 1 Z9 Tha City Attorney was not to alter , amend , edit , sup_ j element, or in any other manner revamp, the Resolution, but was � I. 211� to follow the recommendation and requirements set forth by . the II P2�I Planning Cocmissi(,,n, as modified with respect to the question u-f .231 11 Recreation and Parks fees , by tale City Attorney when drafting the � 24;I � Resolution. 'There is attached hex-etc and inco2•po7-ited herein, i! 5 ;� and marked as Exhibit "R" , a copy ow the Minutes submitted to 261� the City Attorney by the Citf Council, reflecting their action w7 jl and approval of the Planning Commission' s determinations . PP 8 8 On August 20, 1968s a Memorandum teas written from the 99 City ,Attorney to the City Council, reflecting Resolution No. i 30 2822 , wherat • Conditional Exception No. 68-40 was approved . A copy 31 of said Resolution Yo . 2822 is attached hereto and incorporated 32 I' s Exhibit: „C"� 1 herein, and marked $ Exh e . 3- �4 S',; • 1 k,r, • Zt is to be noted that at r,0 time , to and including 2 Sept tuber 3 , 1968 , was Lhare any protest, objection , argument, 31 action, and certainly no appeal , from any dissident homeowners 4 or, arbitrary fact:%ons orposin; the Conditional Exeept-.i.on . On the atternoon of Seocembar .3, , Ln attorney, all.-aing that he represented some seventy-nine homeoi•rae:s , b'01- without 71' any written authority, supplementing that position, and without 8 any notification to the Developer, made an oral, undocumented, 9 rnd certainly unfounded , objection that,- "homeowners" did not: like 1011 the new plan and wanted it changed, No recommendation _or the I � i ` change was made, r a suggested plan was proposed , and certainly' l 1, no rrertian was made of the fac,_ that oprjosition had not been � (' (August 6) 131 raised at the previous Plannin;i Commission level'or at the City 14 Council Hearing on the lath of A-o•- us t . l .� I 15 ; The f'ity Attorney too:c the position that the Appeal. I I 16 Section 9880 of Article 988 had not been conoli.ed with and that I 71 the Appeal period had run, thus giving the theoretically disturbed 18, "homeowners" no jurisdiction to ►,e heard . The City Attorney 1911 91 aq I further directed art iuir to the City Council. as to what the 201 y ii purpose of having Section 9880 would be if they intended to ar- 211 bitrarily and capriciously overlook it. i . 22 At that: point , Leo Rodkin, of tt c firm of Rodkin and 23�� Blum, advised the City Council. the-6 since August 19 , 1968 , the .02 4 !� date of the issuance of the Minutes (Exhibit "B") , an Agreement i .1 had been entered into by and between the Developer and. a Contrac- tor, wherein the Developer, in reliance upon the action to?ten on i 27 August 19 by the City Council, had obligated itself to in excess ?$ of $300 ,000.04 M 29 1 The City Council adjo vied its meeting, holding its 34 ( decision in abeyance until its next meeting, which was schttdlaled 31 for September 16, 1968 , when the City Attorney Saould be in a 32 �, batter position to be able to make his recommendations to tha it ,I I -4- I i 1 � 6 T 11 City Council. 21 ;5 C0NIS 7ERti:i r3'NS . 4 Should the City Cotincii -I-act to ;—erlook the unanimous 6 , decision -rendered by the Planning Commission, 2 fter it, in its own right , cut the number of l,;t:s rro::1 79 to S5 , ;nd shou"Ld the $ t City Council decide to overlooic the many, many hours spent~ by the 9 Developer with the staz�: of the Planning Commission, and should ZC the City Council deride to overloo c itrs oum action of August- 19 , 1*1 then the considerations w1ni;h must ;be L -iv=. as the same are raised I 12 by the "unhappy landowners" are as follows : 131 A. Was t'he act reflected in the Letter of Transmittal 1411 of August 19 1968 ►memorializin the decision of � a > > � 1 1 J+I August 6 , 1968 , by the Planning Co=fission, a 161 "decision, determination or requirement of the 171� Planning Commission", as is r7oc-d particularly set 18 forth in Section 9SE0 of Article 988? 1.3 B , Has the Appeal pr r od run? CAI C. Was the act. of the City Council in approving rlie 2111 Karinino Coruiissionr s recommendations (voting to j 11 approve by Motl.uri, see Exhibit "B") an act suffi- -23!- :Bent to justify the land Developer in relying i; 24 thcreon and changing his position? 25 2fi ARGUMENTS 28 t The counsel preparing this Brisf is at a loss as to what 29 to as II the action of the Planning Commission on August E, when 30 it made its Findings by a majority rule. and then again aff i;mad 31. -:twat Finding ' by its Letter of Transmittal on August 19 , :if it 32 �1 cannot; be ca-11od a "decision, determination or requirement of the a z,,� 1 I Planning Commission" , Certainly it: was a decision by virtue of 2 the wording at the top of page 2 of the better of Tr•ansrnitta l; S and certainly it was a do-cision by vi::tue of the fact that a 4 'roll M11 vote was made wir-li a unani.mous derision in favor of j I OI approval., 6 Certainly there. wez-a rucuiremznts . :.n the form of two 1 pages of conditions, wbicl. will cost the DevL- lo•.icr much -time and 3II much money, but: which re , in P1c,nning Commiss icn ' s eyes , -s � I 9i' well as the staff' s eyes , a necessary part or the development, 101 and which the Developer wi'l.l & �d ly comply with. and ,�r.J. the I Developer intends to comply wick as a "r-equir t" of the Plan- 12; ring Commiss ioaY. 1.3 Therefore , any Appel.lant:, (even the unhappy homeowners) 1 14 must file their Notice of Appeal �-cm the 21anning Con=- ssion' s + 15 decis ion, doLermination and requ-I.re ent, wi :h .n ten ( 10) days o+ 16 said decision, determination or requirement . If we assume that 17j1 the decision was made on the 6th of August, then they should have 18 filed their Appeal. Notic a and pa -1.d their $75 .00 fee, pursupnt to I 19 ; Section 9883 of Article 983 , by Lha 1-nth of August , If we take 20 11 i; the Letter of Transmittal oia Augas ►: 19 as the date of the act, 21 then the s1:ould have =a � a ,6 'd y :�� ��,: ..liC:�. ��ot;ice of tipp�:a 1 r �u l t:he it i . 22 �! fee by Aupyis t 29 , 1968. They did neither , and to the present d-ate,� tbey have not filed their Notice of Appeal, nor have they paid 24 their fee. 20 There is attached herato, and marked as 'Exhibit "D" , wo Ij and :.ncorpora ted herein at this point by -reference as if more 27 full.: set forth, a Memorandum of Points and Authoril ties, wherein 28 the City of Huntington Beach is mentioned as a defendant in one 29 I; of the cases cited therein. This Memorani'-um of Points and Authuri 30 ties argues within its own terms and upon sound legal principles , backed up with quotations from Hun,tingt:on beach City ChartEr, as that; ve11 as from the, case law, ,any decision reversing the determinati ;1 made on August 19 by the City Council would be furor subject to a mandate action. as of :=:ugiist: 2�;, 196�, (aftc:. thy: u rz I;1inat1011 by r.he i rl City Council on ,Iugust 1". , 1963 , Developer on- li c -o into an A�r ee,nen t with Y►ems t »rt Enterprises , I..c. , a.. a 9i Contractor , wherein an in excess, of $300, 000. 00 was � 101 assumed b the Developer ,er . This obligation would nut have been j y � �. 17- assumed if the City Court:;' ha6 not taken its ao.tion on august 19 , 121 and made its position so clear,, 131 There is attached hereto and marked as Exhibit~ "r" , a I copy or a letter , a long _'g eemenr. encer, G into, from �•6 !; 4:he law firm of Cant-.11on & Car.cilior., representing West-port 161i 'Encerprises , zn.c. Said letter and Agreement are self-explanatory. 1� !; CO��CLUSICON is As the City Council will recall, the City A tto-I:eyf s first position, taken at the Council. Hearing on September 31 1965 , was that an act ai.d decision had beer: •r. endared by the Planning . L • r �1 • Corna7. ��5sYon, .rom which no A•opea .L had been �.aken, The .,ity Auto ney further ,!d1; Ised the Council th?t L: in fact there was a re- 25 ;� fiance by the Developer upon the action taken at the August 19 ,} Hearing by the C:.ty Council, then a Writ of Mandate could be 27 ,E brought to compel the City Cuuncil to execute the Resolution. .. 2811 The Attorney refused , and rightly so, to comment on the City Y 29 factual situation until he had been apprised of the reliance in l I I 301 writing by the Developer . Ie can be argued, as in all lava suits , 31 � that in fact there was no reliance, or that the act. of August 19 � 32 was not a sufficient act to jus tify a reliance. The law, �awever, i' _,_ JI I 1 is very clear as to what a detrimental reliance theory is directed 2 at , and it is suggested that than City Attorney read from the I..emo- 3 randum of Paints and author .ticis ac:tcched hereto (Exhibit: "D" ; 4I Page 5) 13S to �ih.-it t,.e 1. sulc. 2v_" 2si:o'-,ip�,_I ,goLilel ba basc?Q Oi:. 51 I The law is cl.enr , an.'e., it is the Daveloj),1 _:-.:• z t s -on tha the 61 iscts are ciea; , s:�c? th,. _ :he r:.in:i.sterial ,:ct- of ;:-:ecuting the 7 Resolution is not necessary, .:n6 t;:at the dccis }cn v'hich would be & ;l binding upon t e Cil:y Council, homeov7niars , t'....0 C�.::�r Attorno.y i 911 and the Developer, woL-ld be. C`.-!a- deci.siori made or. August 19 and 10 which is redacted in tho Mlinute. al:tached hereto and marked as 3.1 Exhibit "B" . 121 The City CcLrnc .l must , morally and legally, uphold its I 13i decision of August 19 , 1968. 17espoct:iully submitted, 15�� %ROD:KI\ AND BLUM II VI i( -CdD , � r. ciLneys for Developer lei! i l c {I I 20 �1 22 I �J91 ?6f� 1 29 30 do .•+. ..w .MY br• w•• /••a .a• Ar pw «.a C&" %* 4M i,r +er TO: HONORABLE MAYOR AND CITY CCU.MCll, SYJs3,si Cr': Conditioca? Ex.€otion No. 68-40 Dralzdai C"wsttc, Ac-tba;S CIZ:y paid Joncep City Clark T%sc-nisi(.-ItL:ed herewith im the Plei=lnn- fawli so iril: �:{{��/om }4.I�airlon twgur�Ajst/!�6$ �1Y9(C���8yy,}me.a :I=_i/g�Y r ap•riarova6. Yl+/j��•wyo:�: ;���elil-,Olral i�iY! rL i.48i��.! ,'.LAL'.�..I►i.,M� V� I.�+.LL�'LV Cr, jj :Lf or •'#V11r Lour, Beach, cal, -.s km is Xor Trust Cox-ae3• o and put hway �'j !! rt j,��t �•yt r ti i.i� .. t.�j '..:'.,•.'�r •J+ ...1-. ..1. ./ i.Li :I \Ll'�rY'.�..SSr.i.Ylf� 1�� :.`3L+1�:',•.41:.�.i :..'.,.i �.��� g ���`• ��t•��tiw....• :f:- ••�'% :� � '�C►*r. �J ..lr ' :+.C9;: Gay: :�. 1 i Space : 'C3Ll � .dl of �`_ '::s't: � ':LC�i:R1��� �3 •! •.r'1• ,Y� .. .:r_ 0 j MV Z+ 3•'.�.Yi ti► �� Kl'4r !++.'i Lei 3-330 �.�� .. �• fl .�• .+ Zld 60 t A. iaaa ,t�„ dfr.vA4•M 4fYs�a,1Yf�`Y..• ..�.�-ram.:••• :-�•.rn}+rf' •�r..q br. ..•. r. .�y !yT To .1._i�i f�4M�:r��i :•�{:.. f. l..c.�1•:rl.r L%i.1 V! 4L.ij, �.:�i t.�'u... .,1i.•.. j ' .ice.... ��.'•{r1;},�.�r��� a�� ���.�%:�1��tr� �.�.� 4iail:r.��.'t�.�_.,r 4i�L':r.�,• 1r...',• _-�,_'. Staff 'reco ndation: Approval "o- / EXHIBIT 10 `.J�.J t. :1vi.� •1 .l'� i{ Lr.•:.� .r V.... '.•. t.. ..�..�\r.l ..:-L:,� w .�� 'r' 1 .t, • r }}.. �C TT Tile 8 0 Yi d of ' �.'� 1�7�iL1i/�..�J1 Ir"i L�'la iy (� �a•�1�I�Z�1~.ZJ?��3 ~�•'.��a�r C.:•�1 ..�•i•l✓.. . i..i ... . ..�.... � ���•�•��.�.Y1tiz13. T•u'.••.,j•. I•,�r "•V.', M�'�\.i V�.+.1..'y W\�.1.. Ja All �L�G.r:[.ia:.{. ._t .l�'• is ..�'�l.�,r�,... �� ,:.��:. ..'1.r. ..., �.' . . and1 :; t„n ':.Zl tr 16 t. .. i.�l�..rr: iJ•ia :/'. b 'r for xh Y:=ice b1 �tYfA.4�.i.1 \4•.�. �tO�i. �.4�, ..l�vv •. i .:.r.` li'. � t.., DY bol MCI or ' C:�1Vx�C'. Csc:::'iY�. .,'t���:'•:r'. :..L:�.'rfrl~:� a ..' •.. :. ,:. ... . . ... I -ice. �.�, � -1 + ,• .. tic ll�ti�..LL 2 r'i. 1...!...� .•(.:.... . ....ti: 1,:..'.';: i-:-.._•4 • 'Z • .Of �• ...5. - L� it i•� aLlt �.: �^• . ... �. .. i ... ..is '• �.�i .�•:. r-:.1[ r7 f..J.�'..r.:r.'� 1.`�r i� `•: ..S.rl l:'..'..: .. .. - .. t. .1 of I Trwo fully ROLL TE: F'�.�lf:� ■ S�f�.��.�1j.�.t Ll�Y.��.it. � �:V�+ +/.. � ��wiiG�'� 4��'�.L.'�.�1n�r f.. ..+ i • w it'.. A. ++,,Lti•.'�11��.1�r� 1 �+ • M•\ +fir.•�-� .1�• Q a„ E4.+'ILv ` y � � 9 i 4 , � I" 1 i j a kg 7�+ c 1 ji r:r i y F f� EXHIBIT �.'.�'*,����'���l�1a 510.a:i tr.J��ralik���..�e.�..�'..JLte�.M1.711aiiV.,_. . ..... �� .� �� .� � � .. � .��r.�."�� �,� 'r•'��r �R•'�'41 •'�^I?•isr K .5 e I .t . .y. . .. . ,., ,.,. .-. a'--+{�,.: ,.. .•F.a• • . Y .., _ � .!'RBI 1 MINUTES Council. Chamber , Civic Concer Hunci.ngton Beach , Caliiornia Monda% , August 19 , 1968 Mayon Caen called the regular meeting of the City Council of the City of Huntington Beach to order at 4 : 30 P.M. The Pledge of Allegiance was given by all present In the COLInCil Chamber . ROILL CALL Councilmen Present ; Bartlett , McCracken , homey, Creen, Coen Councilmen ,i§bsent ; Shipley, Kaufman ; 'MINUTES On motion by Coen , the minutes of the regular meeting of august 5 , 1968 , and the regular adjourned meeting of August 12, 1968 , were approved as prepared. corrected and mailed by ,.ne City Clerk. Motion carried . CONDITIOhAf. EXCEPTION NO 68-40 - T T 6675 - B A BERKUS - APPROVED The Clerk presented a transmittal from the Planning Department of Conditional, Exception No. 68-40 - on Tentative Tract No. 667.5 - B. A . Berkus , 8430 Santa Monica Blvd . , Los Angeles , -- located on the northeast cornet- of Admiralty Drive and Highway #1 . The Planning Commission recommended apprcval with conditions . Councilman McCracken stated that he objected to reduction of lot sires below 5000 square feet . Mr . Berry Berkus , 8430 Santa Monica Blvd . , Las Angeles , .addressed Council and discussed lot sizes and the development cif Tentative Tract No. 6675. Coin cIALwAn Green requested that Condition #1 of Conditional, Exception No. 68-40 be amended to stipulate that the developer will not request a waiver of Recreation and Parkt tees on green areas and water. ;_%otLon by McCracken, Council sustained the Planning Commission and dit'ected the City Attorney to prepare a Resolution approving CE 68-40, as a.: nd*d to In iudt s c,ond ition that the developer would make no requests for waiver of Recrestion and Parks fees . Motion carriod , ,JUift 1 M` r y` M i� r F' i I'. •�t h 1' �M•.�'ip 1 EXHIBIT B ^r l if h•.' r4� r r 1 ` s+ City f�1 yf 'i i ty wI�J�J.�••.�I�J. • +1�:��C��Lz 1pjoon C:)t.�...4.�J•Y�4�.-.�.� a+ r�,.�..,w/u'i:J..�� .. of approval, 3`tr •' � J CC}unC" is j «!`ur T("i1►�ts�. !�. - w lr �yr�. . • c;tJ•(} 'I���1• J.`�1` .. 47%ty+ LO:ate "' Cori L v a W �..• '• �• .ram r'' �..• �� O N A f f. 1►t� �11"nent 1 r' l erg•�•ill R7►r'.�`t r f I r i , � , ,,. 1. �'1�►aaAbb�.,i , 'I lxl� r ciMb' ION NO.. Cu.22 A IM,SOLUTION OF TIT, I ACAf.CT�DI'. .�.a::i:`e±� C+.r'»! ON Nth. t)8-,40 P -' ,TATIMIM TO '.M,%f a`.�'J!,:.'.t,V�. WORTIMAST COMER OV ADUIItAM DIRyVE MD H IMU •TAY Nd. 1 t IMMEAS" the P1A11x11.11Z "'he City o:" H •I���.n Z Beach has c onsid-,red a staid' report on '!-rao yto. CIE" and has approved said report sub jcat to rrtle City Counnil ham 41.u;y ccn,:lc,ered omtm$n.:tations of ta.cid Ps.an.Ying CO=1.s.,.,ala rand J .ti+y ado ptad tho C.;-ty Coun-it of the City o_'' NL•a:4ir ton Deach &xz hereby resolve -7,T-c... 1i T^�,,,ac i No. 65 ,153, property loon od an 'i he noj:4hGazt corner of Admiralty Dri,., .-Id M;jhway Ho. .La Zierc•Y y 1 , :.4t sizes shall be the. ;atie rawe apt,,. C ved tentative mai) for Alternitll dive B and shai:. c�:"%:::��C 4600) square Zeet LI size `.>"he m1ni-.um front yard setbuch shall be ten (1;C ) jr A xear yard set17aa% ot '10) fulat: iahall be �:.::�:,_l:i '�'►:.�i for vja %:'ront lets only, ar d the 9�)) wr,w r need nut be provided* I 4. Cc;mio i areas, :Uxaludln3 private strpet;a zhall nc-;, do,Jiaat� ed separate wid apart froth the indJ7wd:�o.l par-cal or =�V:�:. .�.��:�; �:�r► �;. R,,,; �3 b J 3 r�•1'I'I r. 1 ,'"ail r 0V�. Vi45 t 0r L' C.(.'i i.+i��:.11. U,j' r i 1_i.r(:tin. ...�tl� •►�::i.' :.'.l !� Pe l" 3C':Ll��, �.C'1.i.i: 21U.1�`. O W. be approved by thy: I J m.nt . '� �.i* .M,iwV �L111.i\.L.4�7�03`� • M�111.���1r::'�l i. i�.b41 .. ,i r� 1°.. ..1.'�'...�./��. �.�'v...l•:.,.\:�1 ��,1� w illcor- c� y;:�;:�.cn, by1;�.tr c:�.c� r•:;��1 �- �' � '• u 11i�V�..i�l •�I L•.y 61ha W lauui "i; �) ,')a lzmcnW GlilK le.:;a l ���:����+.i.•'�/►i1�'.•..L'U ..lJ. `�• '.�hc conditiona, CC.ti'!fG''nnnL%s nnd at 1 zastu the -&oIIoti• 5.na x►a o•,rwa:+.r lra s ' i a. its . recreation �!,•.� t;i�t7:l..i. :)�: �•i' ,�: "t��:C: ::�J,t' . e.Zc?uc xve ase o rra �:o���;a tiv:�, .1•_:i.�� i�ii.^° project an"i • �J�YlZ�t'� t�.�aGt�1�7' b.��,tl�^!.�1iG 1l�•�ti Liz; �:$C��,1L2'`:l �: li"r.'•'i.�3 y assaniation ru,lc c...d '+;hE.i'e b;; �'s:� �.�.� ..�. _ .•�.:: violation of said rulz: . �r r Interest ill 'the \r•r/llL: O'.l l::•.i''w Gi �.S.j��..�1....... ..�'��:. .. . ':'•+�i held by the Lidlv'irlOzo;il pavocl ue aevi.aed, conveyed or dodica ud ,1eparate, P�- " fi-om the deviae conveyance, a df';�r e1cdwarj.'(Ucn Of parcel for a life in ceLig � ��::� �2�.; yearsf oxcep inw, this =y tia Sete conditions or grourAds as are available imder partition, d. It the development is cvnz;,,;z-ucted in or Several ti &I maps, reciproc4il conditions* cowl?un z aid r , 2* , icy ti x ' 1 t 4�`7•V.�'Jt.W.r'�1• t7�1►•� V,.�.� �'�G,l..l�l'UC�11. 1.4.`.�-'•�, •�1-�:1... ...1. •.r -71..:1f. .:.� ', ..�' ..+. t:^C�l 3,.xiC��E•ulrt:.� f� �.C� ;;��!.4.��;:�c1 . '�.)� i:�:7.L1 ::'•�,�,;: .'L�' ,'. .... :�..1. .... cinc ticnn: otti'Y'1.3k:; 1l On �y tMe titan!I yj'l fox. x. M�rS� �,�.Z� ���. YIV�I�:L�tiWa1.1�'U � J.ls�! �.�� 1 '�•.�'.:' J.'V:�.:J.'M._�J'� �.Ij�. area j shall IL;o C,ix;i , ttc d to Vile I'J.�:::-�'?:::} .�•- prow)-1 prior to issuance, bualicl i::a • A C,4 1. (6) foat h'tzh C13a wall bo a3 =,q the Zauth side 011' IStrec:'i: A . 10• X.` he sti-aVll1J am, �1,.�tiY��..,4�'.::� R�. .�.._.J:�:'SJ'.1.:1­� W 3•V��i;: :.'.�... �ir� I ir.-;"alled wi-La n the pwo,ject', equal In -'L z 14.r_Li.; c--,r'' ci2X �:►�%,�.i C s t:mC is* A 1i�;It L.:� »l zi 4��ail ti^ .ont+ ci lf' P'C�1�J 1.4 t'lorl�c J. "'or U. s.110 2) `tiJ.l t.nesCsG . Wit..► Oliall be ...c' . _.clog . ox n-,-.._ il:lA. u , Said ,larages :ilall b�."Lu"*h av"-;-.: -r.-l-c ? a''ti'�; 3 C�►�:v� O�G'11�'i'3 o ".'. All applicable city orclln,ances a:iall be L Ayprava- l of WV.& conditional slim l r:n-`•:r uc act; Hap No. 6G75 9 ciia2l not requo ir,'k". credit t on nM wlt alp::. foes, for or areo:i ava G* SAZSBtD AND ADOPM- by th,cc City Counall of Ville C::'.•:,;;t ��' N=t1lxaatoa Beachb G,a.11fozzia a'; a rogular mectinn,,art the , day of Auguctr 1968. 3 . �L181HX3 f 1 i Y, .,7 r IN , 1» MEMORANDM'! OF POINTS AND AUTHORITIES INTRODUCTION 3 These points :lid Autllori.ties are bcirjg offered for thF;- Lt&e and C(1.7Von:LNT1 C1 ��I' � !7i �:i. � C7 11t.1r�Li1l: ton .,,aCI in the r;wpe y 511 that they will remove c►he need for Iit;.igaL iorr . 5 �1 Wi.thouL repe-a tin;; f',,,cts �i iready been ,.t G l i . -, i , ,i r �. . 7 forth , these po..nt-,, ari.:i �.ut-.�or�.t.L4:� c� ...� 1 _��.scl�,,� chi, law bear-rag 51 on two issues : 9 !1 1 . Will a Court of 1�~�t: c�atl;pG'1 , by mandamu,� , t'hc enforce-, •� ! merit of Lhe subject Rerolut io:i , even t:houeh i.c has not YC:t been lx + signed? , I 2 . Is chc li►:y of Hont: ingt:on Beach est:opped from 13 denying the validity of t1he subject lip-solution? 15 In reviewing this memorandum of points and' a-uthorities 16 it must be. understood th at~ the tei'ms "resolution" and "ordinance" 1.7 are used inr_erchaligcs.bly . 181 The Resolution , which was unanimously carried by a roll 191 call vote , was not signed . a 20 T has been established by the .,uprar;e Co-urt of Calif t t r c � Resolution1 21, ornia 4hat ..he ministerial acr. c�;= .,�.�,n�n�; the w�11 not 22I def��dt its validity; t:he s ignin; can be compoll ,i by nd r .r is 11 •23 I By coincidence , the leading case in California, i.r:volved 24 the City :)f Hunti.ngton Beach . M PACIFIC PALISADES ASSOCIAT10N v.. . CITY OF HUNTINGTON �j261 BEACH, ET _AL . ,. ( California Supreme Coin:i, May 28 , r 2711 1925) 237 Pacific 13$ . 281 '-"'he general facts of this case involved a suit by a � 29 � plaint to enjoin the City or Huntington Beach from enforcing 30 !1 an Ordinance. 71he Ordinance was passed by the City of Huntington 31 Beach .. In addressing itself to the question of the validity of 33 the Ordinance , the Court states , on pages 540 and 541s "HISIT �i�•:'���i111 M���dirOD1:7�0�-. y�,,;h2e ,.�� f. ,�s��aw4',i�:'TS i — the ordi,-�:nce establibhin� residence an ' 2 business districts in Funtix,t on Beach , Land 7 t C 4i s ec d-, r --c- t: L n j 2 c c 1 -.:1 C L L) Z%.') G d and 7 ?' aft:or pub1LicLL--' on . Ljjc C C)r, a ;.11 t I'. t t h e P r C2 C 0�Z 1: L 1 S i 3 110 t append hIS P r ov, j 11 C Cl..L- G,C1 I C Or U or, t: o n i 1883 , p . 270) , -,1,2ction c-,'L wh..ch 1)r L-)v?do's that overy o::C'f-trance- be signed by tho president of tlha board of trustees and attest,2d by tho clerk , a-6 nx::, z published by the board at~ leas t, once in --i r.C:W 7,'OC1, of cr;enor�7- 7. circulation �.u �! published and cl-.L - z n t a f - r-ulao -1 " ha city . ',�cuse c 17 i; this on. isEion , appel lz;it conr-iin 's t:haw zhe ordin&nce i 8j'! restricting its use -L:s property is and of no effect . Th a zrial coarz: sustained -z can t on 2C, O.J. uh e r es pr.i-A th i. t:h,-- sig'riiT1 by the .2 s t aonstit--.itec- only a act and thiac. the 2 12- 1; validity of L:he ord-.1.nance did no-:- depend upon his siqnature . " . . . There is no T-..a y c a-,-i d ch e-e s nothing in the organic act requi-rtrig cr p.:rrAtzir- the submission of ordinances to any executive or any other officer for his approval before they become effective . The board is required to elect one )f its members �g {f president , but his sole power in legis1at3.v(.a natters 3C1 is confined to his one vote as a meatber of the b7ard . No veto power is given to him as president of the 32 board. Ordinances are not required to be submitted 77-T for to him for hij boco-,M.i,.p affective . Hi ac: -,rf orma'.-,ce t in s only tho pL of of L ZI 4 i L:�L: ✓ 1.L; V, 0 C,J)C�,r.2 1-.1" v V) n t 11;71.0s s tI I r C! U 0 C OT).C r"I'r . 1,11%2 AEC:.-L! IL) I i S VII 0 or z; C! of -C.1-1 L2 : 11 t C, it: w,-Is ii IiS110CI rcI-C,01" it -,TI 11 1 OnZiC Lz-.,ent of or b mli y o r , c)r o C Ln S L I-,n a z o o JL7 f-1.c c-r of rn-un i c p a I i t y s for ono of r-wo I)urposes I-F , by virtue o' Lhoa righL- of 1-6 it vocc) , such IS) Some of the 2. 1 12 TA?—M C-1 k f r,,-t', P 0 We_._ Of t-110 is -Z'or tI.-,e purposa o-L;7 is Teri n, his aT,,o,_­ova I of T,`izhouz such signature an, oval the me,,_isure . the ordin.a n -.s Of n :�z �i ­act `u- th,: si.,--n4mg n J s z. erely f, p u po C s iz� o—4" k, F i by his signacu, a-:,, ordinance 1 p0­z 1 ly ­hc J C L act is purr -,-iinister a 1 and may enforced by writ o4-- � Emphasis added] "There is Lha:-afore a broad diSLinction between a j V requirement o_` the al -))oval. of a m;�yor , or ocher A 27 executive off icar, in order to -, I* effect to ordinances , and a mere requirement that he shall 29 sign all. ordinances ; for , while his signatL:::e may 301 be , and usually is , the means adopted to designate 31 his approval when his approval is required , if his signature alone is required the element of approval, -1 X e , 1 Y I I1li31 is absonr, ( i icat:1ons) !f 2 .fIn .�11C11 ca s c s , C':L1 :'0 L11 si iJ.lin!:; l3 _:V(Iu7.x ed :`or 31 thy: .)l.t:,-1) 0 vk.:1'li ,_,, i 0',1 ji'.)� i"�'�:,1 D17 l f.S .. L 0 I Z4L.:ULLu U:.k-1 wl.' _w11 f it �+ l Hunt- !�T 1 !j 11:C:1C:a t: z1.1Z: 2.1:..,nC0S 2. li Q J dU]Ly p a S S e J h Z lc: C) U 1 ( U: tC'.0-:, 02 C: : C -1.C?:3 (:.'._ J thy: sixth cl ss ;;hLi11. x,o: 3eco;111.! ezfoc �:ivc o1: i� •:•rr•' 'i Passage . lher4 is naL ,J JC �Ull'i1�i ].;'. i c111y prG�%,.;;1C?;1 Zw1; that signin- I-'I z h e sidenL , a: Lars 1C)'l1 D Ct1 ' !I z 1 e r k , o]'.' pL.'J C'3t;1 G:; :i.: l')Y'Cli ls?n a L._ori5 it prPce(ienL L:0 1:1% ..r valid cnac -I_s . e ac4 ar;: ..,;_xc Iy for tic ourposo dz li 17 ent:J.caLi:,f* zhe o:cLion ci the i`o_._u iris :^ )�IS31: id bt7 i.,: . Consequently , Zha by the presidenz J_s nit: a cUndJ.tio-, :i:- 2de i=0 Che Z•'a ty U1 2w qnc, duly pc.,,s:2d by board of trustees (Citations) ww f ETplvas:2 s a:dcl ac" cl It should be ;:, �"cd t_?z�:= sil;cr. the z:above cited Supx'er1�e -� Cot'rt case wa; decided , -i"n C:i.t'y oI o':: 31a ch , in 1937 , ! beca►:�e chartered. 1'r.e (::1r:_te-c �. .Zcc chan­a! .:,c, Mnport and 23 significance of the Sun. ,ne Cou;: disc as applied zo the instant: 27 1 f4cts . 28I! Section u of Artic:.e VI , which was amended in 1949 , ! �. 1 9 11 of the Charter of the City of Huntington Bea:h , presently reads � ! 30 1 as follows : 31 ; "Every ordinance shall be filed and topically in- ! I 32 1 flexed in the book kept for that purpose ; shall be I ,I -4_ �L r,l�r•1Y.y .vuM.r4—..�� - __.. _ • . • n .ice. a ..- :� rn by tJIL! L; 4 'Ma L1.12. o r L c r o n d and City C1 01-1; Or L U'L'1110 izL:d LLD 1-:LY Inc;a within two L:;i L) P oil t: ,b. 0. L T)u Oil li 7 1 01: a n Y o r d zoriod of J ov". Ci L?-,- 0 1, n--n c o void bUt L11L L=: c v�3 Cicreof r 0 s t rp 0:-1,0 d u,,-k L. L-I-I L! 0"L ..a. r-y c+,Ys shall have e I a p s o 2, a r c G t". !,a:7 e o f it I.31j � Z T) ha s i e r w a s o S c- L:i a n 6 h c s I t u-Z Q. J11 c the Secticr, spctiiks 0.7.1'.' f-C-) to60 iI J - —I --I 16 I'l a t i n 0 r c'. Slho,-Ald Li-:.; be one 1 171 has only L:o -co 1949' of 31 3.8 V1 I , which ri)a Ic o s i C per C!1: L-ly cli ear z.11a C 'L*."I %.Vla v o-f va s e d ii 19 If Only with minis ter 1-a 1. p awzrs `2 aCylfic P a 1.i F, 2; v n r- n t.0 T, wo Beacil supra Cas" r1ea--", nyppl` T h e e I-:i--a-Y 011- ---n e fai h c--! C JL r-y to r a c z e the. validity of the rc:so,:LL-ion i' s ',,,"A'-NDAXU3 . ?acifJ.c ZIA' I, VS . H.Untinaton Beach , Su-),--.�I , p----L� 5-42 ; reads . -0 The writ o.L-- mianda-mus r-tiav be issued to Compel A. ik law specifically 2%01 . tha performance of an act .,iml the 1 enjoins as L fro-m an OfA`ice trust C:4 27 or station . is well sett-led , of 2,3 course , that , if the duty an officer is cnilled 29 upon to perform requires the exercise of an act 30 of judgment on his part , his decision is -,,ot 33A subject to be reviewed by a proceeding for a writ of mandamus . But , where the discretion cerjes , *.5- 77, 1, a-,id the acL Lo b,-! c:-nc i � pur,2'1 � the the dut:y ilj S 0 1.11 C 0 71-1 d C a 1-1 C.,d' throu,...]h I ic',­. L,."* Oi: ::C C t a t ors 0 cjbc."Vi� ;ATI G th�, C!-i"" ns SU 61 71 s q,u(.:ii r- ly a c: c n i i:ha, t C _uslor C I!,:1 r jl a 1) 1 i C.a r,t L L L',L: C 1-i i) -a 1. L 11 L' C) h1l., L 0 Od re-clu- Y p,� L-4L 3 T"I c or,,c ern ng t 6 a 1 icant s de T:r i c u o.. L 11 y2 c c) o-1! -L h a City C a Z as-L C, 0 _2:1141ps HIC, 0 17 L oil o.-.,- w C) OD L)C, is sac forth in 18 Cal Jug 2 11 tij I C:1 16 basi_-d on the th-z-1 t- th c; p c, ha s I)Y C C S C) a 4k: 2c):! c o n cl.u,c: i 11 c his ;:- u C.' 21 It Wou.1-C, _:i3U1__, 0:11 Vile ILICLOr ZC, III -ic o e c u o fl- t*.-)e 22 :!! true, fact-.,.-, to b,.! P-:C%"Z!C1 TI -23 J doctrine is prot-octive , r,d i c is liz-,iitcd to saving 24 harmless and L i4,ho 1L tha =son in t-,hos- - avor 25 it- arises Its ;,:hol.: is to protect a person 261. .crutn a loss wln_." c h, lcouz estoppel , he could not 27 esca,,)e , and -itZ vita -:.c- pa 1 is that one who 4),b by language c-A-. conducz !, ,ads another to do what 29 he would rot otlherwi.i,.� may not sub `- ct by disappo- n.:-ing tEe the other to loss o, L& A. -L '0 expectations un which he acted . Is"I �,� f� The s in not whether there lgnificant quest �',on he e­.. JAI 8r e facts u o ia tu (' b u t r a - ual c urD 017 11 L,s C)P')L!Cl 2 a muni. I S ' 891� 7 �;a 1j. �73rj-,4 ,) S,.. :xemn Coul7t J.n 6 L che City n T Los A7.) 00 Ci, 1 3 J5 Pac Rczp 1002 C i ,� On page 1.004 , field that r,,Iic.L after U and 'n 0 4a L "'rom 10 , T-7ron(,,' all 7-2 , R I L o S Z 26 Z7 tir 30 " 3,211 A JUM6 AIF U T L 4 Q1k1AA,1AF1 TOW904 j0V6CVAA0 1)1,0210 CANTILLON CANTILLON.- iJPA;,boAft 60 Ck40TV1L" 6'fiibJ September 12 , 1968 P,:7, Mr. Don Sonfa City Attorney City of Huttington Beach Sixth and Pecan Street Huntington Beach, gal tfornia Re; ConditionziI .-�'xceptl.on 60-,.' 0 Gentlemen : This office has bc-.aa requestc.-" :-.,a-, bor Propert_ Inc. to submit z"or review to ',0U , 0:: contracto= ls agroament dz.­+z-:; "..uc and Westport Entarpriseso Inc . E'u H'­'::*_-%-d_.- C' 0 r 16:1 as r.C I have :cay."Lewed Uiis mLatt-c-1- to CC;o-'C;'­"C. wi­': 'La Cr _0 ent-' re agreement Madc C we st_-,'.ct1v advised the Inc. t:-,a-t. we do not van-l'- I i6d 21'ec:-,n C;n t .,V clieatL have Personal zea--c.ns 111 V C:y 1:rr ri a C i 11 C, '3 0 q 'M S .d C, :.C In o',de_­ to cooz)erate it c' a U1l a Sz men -I a V o' E7. a C,.-. ".-o 06 C(Z)I)y Of Said P1 a Z.s o a advised Beach has maC-.c 1.1,; -a it app ro-v a I c,---- tl.'ie L ic,_-- 5-Z _L r� 3 , we do not i.n-Land to Oz ouz z.,.a attached contract. T is a-f a r e , -z-13-s c-)n-t----a c "a I.Vith the express understan6ing and condition ;-:,rcceEc. X WajVod bV 77(_ .Aghts ar---_� Inc. against L..n1-ingtc;-n Harbor Prooerties , inc . ::or does TA7 e s iport Enterori--asp 7-C. r a C- or .j ---' �,rhts 1 , virtue of said uish any of agreeme.nt against Huntington Earbo,.- ?::operties ., Inc. It is our V "HISIT is yy��yy jy 1 8 , Page Two. S aP'Ccmr)er , 1968 Mr. lion T. Honfa s interpretation that'.- the c:�:���:.�at�_�,.. ,,:�yw:�_� �ro.r{ t:.. pro ject to Westport Entiazprises , Inc. �,,jj1 w � :� c�:� :� )C , C 10 . 00 and we intend to hold Huntington 111-o�perties , '::ic . to y , thIs povition. Very truly yours , CANT ILLON 6 CANT r'"" LON .10 (� R. KM MI Cdx:ti on �. RMC: ' Enylosurc f ,y i�I1 htir:9 1 1, a Yt AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT made and entered into this ., . f" day of .August , 1968 , by and between HUNTINGTON HARBOR PROPERTIES , INC: , a California corporation, hereinafter referred to as "OWNER" , and W'ESTPORT ENTERPRISES , INC. , > a California corporation , hereinafter referred to as "CONTRACTOR" This A reezuent is made Frith reference to the followin facts A. OWNER is , present l.y acquiring a piece of unW i' improved real property, situated in the City of Huntington Beach, County of Orange, Sc_ate of California , and more particul.a►r, ly described in Exhibit "A" att.:ached hereto and made a parr hereof. w, r • }}1 e ry_ a' • �,* It is the incenCion of the OWNER to develop {; the a ti • a place of property described In, Exhibit "A". How-1 Oli l ever, 1thi real property which will be improved with the sixty- five (b `:) single fancily dwelling units is more particularly r � described in Exhibic "B", attached hereto and made a part . hereof, and this A4reemenc is concerned with the construction of said single family duelling units upon the real property described in Exhibit "B", which will be prepared by the engiAcer and is not available wt t1me of execution hereof. D. CONTRACTOR has warranted and represented that it.: is capable of completing the necessary construction con- ' ; te"lated for the development of the property. . NOW, THEREFORE, in consideration of the foregoing t+ anal the mutual prozi.ses hereitafter contained, the parties agree as follows 1 . PREAM.BL_ E, INCORPORATION: Each, every and all of the terms of the preamble set forth above are incorporated herein at this point by re- ference as if more fully set forth. ?, , DESCRIPTION OF WORK: It is anticipated beiween the parries that the COLNTRACTOII shall handle all phases of the construction work and shall supply all additional help , men and materials that Ore needed . In .all instances the OWNER shall pay for the things supplied , unless payment is specifically otherwise set fort► aa. showing the CONTRACTOR obligated to make said payment . i r I rj(/'"' a�,y�Z is r1,; .+ �• y �r d dR 1 It is further anticipated between the parties that thirty-five (35) aingle family dwelling units with water- front dockage and side yards shall be +:on3tructed upon a portico.. of that real property described in Exhibit "A" . The balance of the real property described in Enhibit "g" shall contain an additional thirty ( 30) houses with which this Agreement is not concerned , CONTRACTO% shall obtain all labor , materials, r supervision, engineering services, tools , supplied , permits and inspections , excavation and preparation of Site , paving and all other things necessary for the prosecution and ctom plation of the construction of thirty-five (35) single .eami.ly residences ( five of which will be models) , including on-site grading, off-site sub-division improvements , docking facilities , and side yards , all in accordance with the plans ac.d specifica - tions to be approved by the OWNER, which plans and specifica - tions are now being prepared by an Architect employed by r'ha OWNER. 1n order to conserv. the costs , the parries aclaiow- ledge that in addition to building the thirty-Five (:35) single family residences , the CONITRACTOR shall also to obligated in :his first phase, to complete off-site sub-division improve- ments for all sixty-five (65) lots . Whenever reference is made in the balance of this Agreement to the thirty-five (35) single family residences being completed , it is intended that the off- site sub-divis-ion improvements for all sixty-five (65) lots is included within the obligations of the CONTRACTOR :ender and purr smart to the terms of the within AGREEMENT', whether the same is aexd or not. it is the intention of the parties that the CON" TRACTOR is to supply a "turn key job", in the Bill and strictest accordance with the plans and se cifieations to be agreed upon ' P P g P by the OWNER. said plats and specifi.cationS will be made a part of the within Agreement as soon as the same have been com- r�rtt. , t i� qd l h . � j ifl N. e A q n y' pleted and approved by the OWNER, and they will be incorporated herein an if more fully .et forth. 3. BOND: al' CONTRACTOR shall prior to commencement of work hereunder , furnish to the OWNER a performance bond covering the faitb2ul performance of this Agreement and the payment of a11' obligations arising hereunder , in an amount equivalent to the x estimated cost of thirty-five ( 35) single family dwelling units r, aid off-site improvements for sixty-five (65) lots , plus over- head r 'ists. If and when the wontracc is renewed for the con- struction of the addit:.onal thirty (30) houses , then the CON- TRACTOR shall supply a performance bond equivalent to the esti- mated Y q mated cost of cons true ci.ng said thirty ( 30) houses . These bonds shall be in a form and with a surety or sureties satis- factory to the OWNER. The OWNER shall bear the cosh of each of said bonds . AM z., 1= -U- �• �A J Y". 4 4 ,r 4. INTERPRETATION OF' PLAINS AND SPECIFICATIONS : " The parties anticipate that the Architect em- ployed by the OWNER w i 11 interpret the plans and specifications and will coordinate wii:h the CONTRACTOR d%xr irg the construction phases / CONTRACTOR agrees to provide proper facilities for access and inspection by the Architect , and to cooperate in all respects with the Architect . The OWNER ' s decisions shall control the Architect , by virtue of the Architectural Agreement t. entered into by and between the OWNER and Architect / Thexe- fore , the CONTRACTOR agrees that the Architect ' s decisions and the OWNER s decisions i.n matters relating to artistic • effects shall be final.. Any dispute ute as to the Archi.tect ' €, �M 1 interpretation of matters other than matters of artistic effect , shall be subject: to arbritration as hereinafter provided for . 5 . COOPERATION BETWEEN THE PA?.'I� : CONTRACTOR shall cooperate with the OWNER and scab-contractors for the prosecution of its work , and OWNER shall cooperate with CONTRACTOR and with other sub-contractors employed by CONTRACTOR, and with ether c . ntiactors employed by OWNER; in order to insure first-class workmanship in every respect and to make certain that said work is accomplished in the proper sequence required , 6 . COMi MEMENT AND COMPLETION OF WORK: CONTRACMR shall co=ence work as soon as possible and shall, maintain sufficient msinpower to :omplet - the entire project, as defined herein, at the earliest possible date , y but prior to the expiration of-46 _ r working days from the date mnreoc�ant- The term %orkiq days", as used in this Agreement , I -4- i' u NZ ` shall be deemed not to include Saturr'iys and Sundays and legal holidays in the Stara of California , and shall, further be deemed not to mean those days in wrich the weather or X ' surface conditions are so severe as to preclude the carrying r , out of the construction provided for herein . Time is of the essence in this Agreement . ''w. . ' . CONTRACTOR agrees to complete the work hereunder within said time limitation , and further al;revs to perform sa:.d � work in a proppr and diligent manner, commencing in orderly ' ane workmanlike fashion as callec' for by the plans and sFacifi.- V , .t cations , so that the project which consists of thirty-five (35) .�; single family residences ( including f. ..ve models),. ogress 4 I ,C.dyf�ii to complati.on in an uni.n`arruntad manner . CONTMACTO,t agreas to a . • complate the work rapidly and expeditiously, pruceeding in a skillful and expeditious manner, with sufficient labor, materials', tools , equip-meat, supplies , and all things necesse y to insure a uniform and efficri.en t p;ogress , in order than ►he rro j ect may be completed within the time limits •specifted . "Work cornplated", as used herein , shal.1 refer to and be equivalent to the filing of a Notice o.f Complecion on each single family residence , and the approval of: said residence by the proper governmental officials , indicating that the residences way be i.habi Lad, and that the CONTRACTOR has nonZormed to all governmental requirements . yj TTAA�y • F J: 1 ry Y t I, Y yi A l O I rT ^y t Before entering; into this Agreement , the CONTRACTOR, who it; licensed and qua l i ied to do business in the Stake N of California , warrants rha ;; it has carefully examined the sitm of :he work so as to familiarize :.tsel.f with them rl-Dn- ditions which exist thereon . This includes , but is not limited s to , pre,eau _iaiiu required , working space available , requirements of, gove,rnmenital bodies , materials to be removed and/or replaced , soil conditions , compaction problems and water problems , `�- and eery and all other conditions necessary to the preparation of an intelligent bid and the completion of the conscruction phase, CONTRACTOR shall conform in every respect with all building laws and regulations of all governmental bodies having jurtsdiction. Where Coda requirements or other laws conflict with the plans and specifications , CONTRACTOR shall coordinate r with the Architect so xis to cause revised drawings and specifications to be issued which comply with all the regulations . When approved by the OWNER , these reprised plans and specifications shall be considered a Fart of this Agreement . 'Where chauges are required, no work shall be dono until :he revised plans and specifications are approved by the ONINER . 7 . EXTENSION OF TIME OF COMPLETION: If the CONTRACTOR be directly delayed at any time in the progress of the work by any act or neglect of the OWNER or any employees of the OWNEIZ , or by an separate Cont::actor employed by the OWNER, or by strikes of labor engaged in the work or in plants of manufacturers of equipment and materials req.--red to be used in the construction of the work , or by ' lock-ours , fire or wars , then in such events the same shall {constitute a ,justifiable delay, and the time of completion and } other dates of performance shall be ,extended For the total number —6w r, IY ' c y r, of working days Chat the CONTRACTOk has been actually unaole to work due to such causes . In no event; , however , shall a ' mistake, negligence or wilful delay of the CONTRACTOR be an a;. excuse for a delay or an exte►•-sion of the time required. 3 . INSPECTIONS AM APPROVALS: The work shall be subject co inspection and approval by the OWNER or its designee or agent„ CONTRACTOR shall be required to furnish , for approval of the OWNER , su`h samples , shop drawings and patterns Rs may be required .for the work , ins all work nereutldar shall be in accordance therewith . CON- TRACTOR shall provide sufficient , safe and proper facilities during the process of the work , for the inspection by the L, R , or its agent: or representative , in the field, its shops , or any place where mat,'!rials required hereunder are in course of preparation , v.ariufa(_r_ure , trea,t.mF.nt or stora;e . q . FAILUR.E TO PROSECUTE WORK: If the CONTRACTOR shall at any time ( 1) refuse or neglect to supply a suffix ient number of properly skilled work- j men or sufficient mater :c, ls of the p.-oper quali�:y , or (2) fai'l In any respect to pr. osecuce the work with promptness , or (3) cause by any act or omissicn the stoppage Or delay of or inter- ference with the work, or (4) fail in the performance df any of the ccvenants or terms or conditions contained herein, or (5) Uz the CONTRACTOR shall be adjudged a bankrupt or shall make a general assignment for the benefit: of creditors , or (6) ►.f a Receiver shall, be appointed for the CONTRACTOR or for his assets , or (7) if the CONTRACTOR shall become insolvent or { ' became a debtor in reorganization , composition or arrangement proceedings , then , after the OWNER has ,served a five ( 5) day , written notice, certified mail , return receipt requested , mailed to or delivered to the last kno•m address of CONTRACTOR , of f r y 7. M P the exiet.ence of any or all or a combination of any of the foregoing causes , and unless the cause or causes specified in such notice are eliminated and terminated by the C014rRACTOR Within such five (5) days , then the CONTRACTOR shall be deemed it default of this Agreement to OWNER. In the event of suc;r default , .and in addition to all other remedies available bt law or in equttr tothe OWNER, the OWNER may, ac its option , terminate the employtrint: of the CONTRACTOR and may en,-er on the premises and take possession of all, materials and egcipment of CONTRACTOR, for the purpose of completing the work . In the alLa:'nati.ve , the OWNER may employ another Contractor or proceed to completion of ,F the work icaelf. CON'MCTCF does hereby assign to the OWNER all of its right ) title and interest in and to the materials and equipment used upon the project , untl.l the C.cnplcti.un of the pro- ject , and the OWNER may employ any other person or persons to complete the work by whatever method the OWNER mny deem expedient , i and may provide the materials- rhc,caLor, ei; her it-se If or through � others , in case of such, terminar.ion of the employm?nt of the COMMACTOTt , the CONTRACT0\ shall not be en t i t lod to receive any further payment under this un c.i l all the work r(!quir ed hereunder shall be fully completed and accepted by the OWNER , and at such time , if the unpaid balance. of the percentage compensation which is Co be paid heretinder to the CONTRACTOR shall exceed the expen:e i.ncuri ed by the OWNER in completing the said work ( in other. wor4s there is a net profit which can be di tributec irsuant to the arrangement with the CONTRACTOR herein) theca such net profit shall be aid a the OWNER to the CONTRACTOR; .,ut if such expense shall F Y i P exceed the percentage compensation due and payable to the CON- TRACTOR ( in other words there is no net profit available or distribution to the CONTRACTOR) Chen the CONTRACTOR shall be obiLgated to pay the difference that the exponse exceeds the aMT "I '1 i RWT 'i original bid and estimate by the CONTRACTOR within ter, ( 10)" days after calculation by the OWNER of the amount due ard owing and notification pursuant to this Agreement by the CONTRACTOR. a L d -8A- 4 r it C, L i 1.0. ABANDONMENT: rf the site or construction iocat:ii)n shall be abandoned by the CONTRACTOR , or should the work called for herein by the CONTRACTOR be unriniched or not: cutapleted by the CONTRACTOR, Glen the OWNER shall be entitled to terminate this Agreement and co, pursue any and all of i cs legal rights set forth in the within Agreement or oi:herw:i.se . 11 . REMOVr.l. OF FORK CONDEbtNEI): CONTRACTOR shall , within tiventy- four (24) hours M after service upon him of wri`.t'in notice, certified mail , re- M. turn receipt requested, from OWNER, proceed to remove from the ter;, site , all materials condemned zb .mproper or incorre:L by the i Architect or the OWNER, whether wcorked or tinworked , and shall, take down al' por ti onb of the work whLc}i the Architect or. the OWNER have condemned as unsound or improper , (and which in anv way fail. to confor,.i with the plans and specifications , and in addition CONTRACTOR shall make good all wor'V, and other trades who are damaged by s.ich ramol al . Any such delay occas- ioned thereby shall not operar..e to e,-,c4.Zd the time cf completion . However , it the event: that all , or ,any portion , of the wog:k so condemned shall be of such a nature , or the tima avcailable to complete the work shall be so limited, that in the " udgment of the OWNER it will not be expedient. to order the same replaced or corrected , the OWNER, a: its option , may deduct from the r percentage compensation due or to become due to the CONTRACTOR, an amount thae shall represent: the difference between the fair F.nd reasonable value of the work so condemned and its value had it been executed in conformance with the plans and specifications originally. Should the CONTRACTOR dispute the propriety of the decision by the OWNER, it shall Me a written, protest withi:i l I • -9- t'r I MIWI All 91 forty-eiSht (48) hours with the OWM , but shall , after suc!t service , comply with the decision of the OWNER, subject to its right to arbitrate tho question. Failure to protest in the manner herein specified shall constitute a va iver. thereof b the COMRACTOR. 12 . UNION: 1 y1 COWMCTOR will be individually responsible for .:.laims or dama►g6s , indirect or direct to the OWNER, re- $liltfng from the use of non-union labor by the CONTRACTOR or. A,1 ' by its sub -contractors or material.men, The cost of said claims y. or dawages . including attorneys ' fees shall be off,aet from the CONTRACTOR ' s percentage compensation . 13 . LABOR TO BE EMPLOYED: CONTRACTOR shall have the obligation of employing all sub-contractors. However , CONTRACTOR shall be bound to employ only s»ch labor as will perform in harnony with other Y , 1 trades upon the job site. Should there he a dispute the OWNER's determination shall control. . � 14 . DEFENSE OF PATZ"'NTS : CONTRACTOR shall individually bear the expense and 1 defend all suits or claims for infringement by it of any patent I right that may be brought against the OWNER, arising out of the work, and shall hold the OWNER harmless from loss on account 1., thereof, except that the CONTRACTOR shall not be responsible for such loss when a particular process or product: of a particular manufacturer or manufacturers is specified. 15 . PAYMENT OF ROYALTIES , PER,�IITS, FEES,. ...A EN u rrar r1 rW.ri_ .rwo The OWNER sha,11 be obligated to pay for ill licenses 1 and permits and fees pertaining to the entire project . The CONTRACTOR, however , agreas to ccmD!f .pith all the lawns and regulations sp�acifically applicab?e to the work in force at the time of signing this Agreement . It is the obligati'-on of the CONTRACTOR to review the plans and specifications prenarcd by - '- „i _ ` 1 `' . t ho Arohitect , or to assure the OWNM that the method of work 4.1 required Clterei� is not contrary to any ordinance , laws ,7r replatioms , and should it be determined at a date after the Mart of oovistruction that a sub-contractor or a materialman has riot complied with the law o,, the regulation, or the plans 1` ate a ecifications are in vLolation of .any an ordinance, law or t # r4gulation, then the CONTRACTOR will be under an obligation to pay for any of the corrections , at its own expense, and to necessary make all the alterations in the work in order to � Y comply not only with the plans And specifications , but the laws , ordinances and regulations , as well. Should the pleas and specifications be in conflict with the laws , ordinances or ; regulations, then ir shall be the CONTRACTOR ' s obligation, and a. duty -o coordinatewith the Architect in ardor to make the proper corrections. These corrections shall be subject to approval b/ the OWNER. CONTRACTOR reserves its rights to be compensated or reimbursed from the negligent party causing such lose. 16 . CUTTING FITTING AND PATCHING : It shall be the obligat' on of the CONTRACTOR to do all the nezessary cutting , fitting and pacchitng .of the work on the project that may. be required Co make the several parts of any one or several sub-contractors ' worn appear to be done in a workmanlike manner and in a uniform condition. 17 . REMOVAL OF RUBBISH: The CONTRACTOR shall be responsible fcr the removal of rubbish accumulated on the job , and upon the completion of its work , CONTRACTOR shall remove all tools , scaffolding equipment and surplus materials pertaining to the work , and shall be certain that each sub-contractor removes .1 of irs rubbish V. yy y i t•� 11N; and it• tools. scaffolding. equipment , and other surplus mteri►,1a on the J ob , ' ;• is . ARAM `EE: l A budget of �� Hundred Dollars per house shall be allowed in order to repair any damages or faults or modifications that are required by the ultimate. .r purchaser of thy► pt%-iperty. It is anticipated by the OWNER and , tht CONTUCTOR that: it will be necessary to satisfy the ultimate buyer of the property , and that a "catch-all" pro- vision wil_1 be necessary in order to satisfy the many complaints that generally arise after construction has been completed on single family residences . Should the budget be exceeded then the additional costs shall be borne by the CONTRACTOR individ- ually, out of his percentage compensation for any damages resulting from defective work or materials complained of and repaired for the ultimate buyer . 19 . CHANGES IN WORK: CONTRACTOR may , from time to time, without invali- dating this Agreement, make a de Lertnina t io n in conjunction witlx j the Architect and the OWNER , that extras additions alterations , omissions , and other modifications in the work may be necessary. Such changes shall be valid only on the written consent of the Architect grid the OWNER , and shall be paid for in an amount_ equal to the actual, cost of labor or materials , which price shall be estimated beforehand by the CONTRACTOR. CONTRACTOR together with Architect shall be obligated to submit to OWNTER, �' •`' i� at��x��i�ga��e�xt�xa�mYrxa�s?ggx�asti�x�8x�rxxh�r�ea�x�ax��d�R, an estim6te of the value of the change ,- the cost of the change , and the time required for completion of the change . In the event of any disageement with respect to the necessity for w1la - RPM 111440 ilPu i'[AVOV, �,d��, 1P 'fdw4 ''k'J9'T1i, , ! v.,.A a:.Ai lti„ •Jd�. '''"'4i ,M y.,�+'f1 '{ for than ehacse s the decision shall be made by the OWNER. 20. Tl : W CONTRACTOR shall , in its discretion , make a determination as to whether overtime is required in order to t e edite the final completion of the project . The overtime factor shad be an obligation of the OWNER. In no event , hors, h every shall any evertime cost be. charged to the OWNER if the ` mason for the overtime is a delay , mistake or other fault: of the CONTRACTOR. In this event , the CONTRACTOR shall be obligated to pay for the overtime costs in excess of the normal cost , ' individually. Whenever possible , CONTRACTOR shah. consult 4 OWNER or OWNER' s agent to obta im , in advance approval for the over t ic,a work, P 21. INDEMNITY AGREEMENT: CONTRACTOR hereby assumas the entire responsibility and liabi'lity for any and all danage or injury of any kind or natura whatsoever (including death resulting therefrom) to all , persona , whether employees of CONTRACTOR, OWNER, or sub-contrac- tors , or otherwise , and to all property damaged , resulting from) arising out of, or occurring in connection with the execution of the construct4on work, or .any phafie thereof, provided for �t in this Agreement . If any person shall make a claim for any damage or injury (including death resulting therefrom) as herein- above described , whether such claim may be based upon the CONTRACTOR' s ;, the OWNER' s , or sub-contractors ' or materislmen' s. alleged active w passive negligence, or participation in the wrong , or upon any alleged breach of any statutory duty or obliga- tic,a on the part of the CONTUCTOR, OWNER or sub-contractor or materialman , CONTRACTOR agrees individually to indemnify and save harmless the OWNER, its agents , servants , and employees from and against any and all losses , expense , damage; or i. ,jury that the OWNER riiay sustain as a result of any claim, and the �� Ynl ''�"9mfRir•�'N ,.'^ai{.7r��"��`�.�Ibri�,T'L';' !�v�y� �r� +�°'!"�1=;►,T�I�"� r r r_* COWSWTOR aSresa to assume on b6half of the OWNER the defense of ony action at Yaw or in equity, which may be brought against the OWM uppn such claim, to pay on behalf of the OWNER, upon iti downd, the amount of any judgment what may be entered against OWNER in any such action. LIMXLITY INSURANCE: Before commencing the work, the CONTRACTOR shall procure and maintain insurance at the expense of the OWNER, until completion and final acceptance of the work, but not less than the following limits : r A. Workmen ' A Compensation and Employer 's Liability insurance in accordance with the laws the State r of California. B . Comprehensive General Liability insurance against all hazards , with not less than the following limits of liability: Contractor ' s Public Liability: .; Bodily Injury per person: $500 ,000. 00 Bodily Injury per occurrence : $1 ,000,000.00 Property Damage per occurrence : $500, 000.00 i Prcperty Damage , aggregate : $1 ,000 , 000.00 C. All' such policies providing the above itr- surance shall be endorsed to provide that -the insurance company y.., shall notify the OWNER in writing ten (10) days prior to any '{ cancellation of or change in the above insurance . The CONTRACTOR agrees that nothing contained in this paragraph shall limit or release the CONTRACTOR from its obligations otherwise provided for in this Agreement , including assumption of liabilities and indemnification of the OWNER. D. All evidence of the nsurance shall. be 13— r � s ' m , : submitted b the OWNER for review t y and approval , and all cert:ifi- oaten of insuranco shall show OWNER as a co-;insured and shall be s' delivered to the OWAR. E. Mien the work has been accomplished ' by a intorialman or maternal supplier, or by a sub-contractor, then the CONTRACTOR shall obtain a Material release and a Lien Release from both wateriol, suppliers ,and sub-contractors , and shall supply them to the OWNER and any bonding company or lending agency. These Releases shall be approved as to form and sub- stance by the OWNER. or the bonding company or lending agency. F. CONTRACTOR will keep in existence a standard form of mire insurance and extended coverage with builder$ ' . risk endorsement to cover the CONTRACTOR, the rWNER, the sub-contractors , permanent structures , including any and all materials or equipment can the site which are to be incor- porated into the work or which will be used up in connection with the work �,�:;,u. • ` , the value of which is included in the cast ";• of the work. The CONTRACTOR shall be responsible for any materials which are not covered by said insurance, whether these be temporary materials , tools , equipment , plans , scaffolding , ))racing , sheds , etc . , or ot:iierwise. The cost of all insurance, whether it be. by virtue df the within paragraph or any other. Y portion or part of this Agreement, shall be borne by the OWNER. • 23 . GOVERNMENT TAXES: The OWNER shall be obligated to pay all. taxes , in- surance premiums, assessment costs and any and all other coats TI which may be due and payable under Federal, State or local laws ? arising out of the performance of the Mark, as hell. as any and -- ^- witb the exception of Federal br ' State Income taxes , all sales , use or other taxes /of whatever nature , levied or assessed against the property or the improvements or con,struo.tion - 14=` P ,___•_,_4 � .� + it i, w�a'L a T p r°/. ,,t^,:'` � ', .1#Al, placed thereon. It shall be the CONTRACTOR ' S obligation how­ Omer , to coordinate the payment of any of these taxes , or ssses sments , or obligations in a timely manner , in the correct amounts, and to the proper authorities at the proper addresses . , Should there be a penalty or any interest charged because of this failure of CONTRACTOR to make these timely payments , or *a' , to make the payment to the proper person or in the proper amounta , r, CONTRACTOR shall individually be obligated to pay the additional assaaament or penalty impaired , as well as any and all costs or attorneys ' fees which are imposed upon the OWNER or the CONTRACTOR or the project by virtue of the CONTRACTOR' s failure , :either negligently or wilfully, to properly handle the disbursement of the payment of any of the obligations . 24 , APPLICAALE 1 AW: All matters relating to the validity, performance , t ince rpretation or construction of this Agreement , or the breach 1, thereof, shall be governed by the laws of the State of California. j •,t 1 ` 25. COMPENSATION: The term "net profits" as used herein shall be efined as follows : OWNER- s The riet profits of the/corporation for purposes of participation shall be the net � P p profits of the pro S e c t as reported for: Federal Income Tax purposes , which shall in- y clude , but not be limited to the following deductions from income: CONTRACTOR costs and expenses paid by OWNER , overhead; legal and other professional fees ; office service expenses ; real property taxes ; interest; business and other licenses; income and other taxes ether than Federal Income Taxes ; such other costs and expenses deemed to be necessary bar OWNER.- 1 0 The method of accounting shall be the accrual method of accounting . The use of the accrual roethod of " 1,5 . e h it ',''� �' ,� ,'• aiep' !,a., . •.r� 'a r7 *counting shall not preclude matragement from reporting income on the installment method or such other method of deferring Lucome as may be determined by managament to be of sound buss- ' noes 'J'udverkt . Said participation shall be determined at the and of each fiscal year, which fiscal year shall be determined by off. Should there be a loss at the end of any given year, said loan shall be recouped on the first profit before d c termin- ix�g any participation interest or distribution of the semes. Said net profits she!'.. be as determined by OWNER' s accountants , � subject to review �by CONTIRACTOR ' s accountants at CONTUI CTOR' s expense. It is distinctly understood between the parties , how- i evetir, that the corporation may own one or more other projects ai%� that the only -net profit oi: net loss calculations which j ' will be takan into consideration by virtue of this paragraph will be based upon that income from the project . CONTRACTOR shall not be entitled to any benefit .= shall it be penalized by virtue of any other income or loss from any otter asset or liability that the corporation may have. At all times it is understood, however, that if the CONTRACTOR'a r:.ghts are termin- ' ated ) that his ' participation interest is calculated upon that portion of the project completed , pursuant to the liquidated damage provisions of the within Agreement. Tha CONTRACTOR shall receive as compensation twenty time& per cent (23%) of the net profit as same is defined here- in. r ,� .I,�rh 1. .lr .•r s Ws of Property: No distribution of not profits $ as defined barring shoil1 0* suede to either the 0 M R or the CONTRACTOR until pay- � Vients have been made out of the gross receipts from the sale of . �' Ali .'1.,.r � • 'L'T •mow J :�1 I 1� 1 II � .iL • II �,�11 �e •'I� r • h ' I 1• y ;kI w *` property in the following order and priority: (1) Ths OWM shall be raimbursed for any loan or advance made by it as and for '��• � "front money", which is defined herein as any expenditures made by the OWNER over and above the financing obtained by the CONTRACTOR. Interest upon said loans or advances shall also be paid. ):..CON9 -C , red f�a aaaX, A'1 lie••--ter-� by- t-,- P. st •�kt �e -*VMr4an. It is to be distinctly understood , i however , that the CONTRACTOR shall not advance any funds for the OWNER,una-R•sa -sai ntls--"e k us e--s of-One- -Hundred-Do,l•-lar_a $1AQvQ4) by- he••CONTRACTDR -ewc"d- �`` gONTUCTQR, a�' ' --�r�tbt$•��••t�iCe..-��P���r�:X:: cf_`;tke-�uN ;. :�n��t.� ,.- �{D.Advanc:0=c►,f...r.a s--said;�loa•n-,--try-=tbe;.•CONT Ai 9R:�-- (P Net profits shall then be distributed to the, psrties as hereinabo've stated , concurrently and ratably. CONTRACTOR shall have no right or interest in any leasing or rental income- which may be obtained by the OWNER. If possible , distribution of net profits shall be made semi- annually. In all instances, the OWNER will have the final decision as to how much in funds out of the net profits shall be retained as and for working capital , or loan retirement sinking funds . The parties acknowledge that the percentage payable to the CONTRACTOR as the same is set forth in paragraph 25 above , .2a- 0t y d�f ♦ �;t �M1r! �Mr 1• E 4 n L I i c ^- t ljtes ♦ solo of any and all of the improvements placed "upon the property described in Exhibit "A" or Exhibir "B". ShmIdo however , the OWNER make a de',ermiration that the improve *00to shall be held for le&sit or rental r • opposed , g purposes , as ;rr�;'` '; •'' being placed on the open market for sale, then the parties oe that an appraiser shall be appointed and selected by them joirtly for the purpose of making n fair market appraisal cf the ; px'op rty and the Improvements thereon which are not being sold. y:d r `` t,' •, Should the parties be unable to agree upon an appraiser, Mien each r , a 5 of them shall independently select an ------ ------ r � 'n , `'' -2QA- '-t 71 'w aP,P74106r, and if these two appraisers cannot agree, then they shall select a third appraiser whose opinion will be final tfj and bindInS. used upon the fair markat valve established b r R the appraiser , the percer:tage of net profits payable to the CONTMT R shall be computed, and it shall be entitled to f receiv+s this pozeentage based upon this appraisal figuxii as • if the property had been sold to the public at said figure, wia the date of the final l appraisal.. The parties agree that should the CONTIUCTOR ba on the aocrual basis, it is possible that it will experience � the taxable gain without a distribution of cash with which to y pay it. Yf this should occur , then the OWNER acknowledges that , z it will distribute .. .notwithstanding any other provisions of ` the within Agreement, sufficient cash out cf net profits to pay � the tax owing by virtue of the earnings of the CONTRACTOR out , I.- of this Agreement CONTRACT shall pay interest on the mono distributed apt the 'rate of se•veri parcent (7%) per arms• to the OM. ER. until net profits are ivi€ lab le for distribution pursuant the terms - of Para&raph 25 her sof 28. AIt8ITRATION: As a, condition precedent to any Cotirt action which may be taken by any of the parties hereto , it is agreed that any -21- I y. S rr 1 • r ALA, di pu � , differences , or disagreements between the parties hereto relating to any or all of the conditions or provisions , of this Agreepent or otherwise , shall be first settled by resort to arb{ tration• under the rulas of the American Arbitration Aosociation, A panel of three (3) Arbitrators shall be chosen in the onstdmar scanner as r vide ' for i said Association ' s , - • fi y p o d n s s rules. The award of determination which shall be so made by 1 the said Arbitrators shall be final , conclusive and binding r;k•rk�i, h' 'rlrs i; upon the parties to the arb i tra t ion , subject to confirmation by the Court of, competent jurisdiction. Should the CONTRACTOR feel that he has a claim of any nature whatsoever against the OWNER, then he shall give the ;w.= OWNER written notice of the nature of the claim and the- amount �:harc+af, ceCified marl return receipt zecuested, pursuant to .; the terms of the within Agreement , within fifteen ( 15) days ` after the rise of said claim , o: the ressonable discovery thereof by the CONTRACTOR. Default in giving such notice of claim shall act as a waiver of said claim by the CONTRACTOR. 29 . AGREEMENT TO PER ORM: j Said parties , for themselves , their successors , r and assigns , hereby agree to the full performance of each, every .ane all of the covenants contained herein. The CONTRACTOR may rot assign, transfer , sell, encumber or alienate in any a mariner his interest or ownership in and to this Agreement without CIO -2 - �� I i l�Y , 1 ',iljP !F'��Yd1'�k��«'��s�1k 1:1i11� ''�'��: ,i'��;i�i�."y2R%� ��1'' A4�� "-Y,•''j':rih+ +,'y..11r,,4"A4' �•r I� i� I• L' •",1�' ry�•,\l!' rRf''r`�* ,�T';eh'•; I ,:., '1�11y, ,fir } v, a' ;LY O""•7. Io written conseat of thig OWNER* •,T1 Any and all notices required by this Agreement �::, a;;.:•; shall bo Sivon by certified wail , return receipt requested, a propatly addressed, deposited in the United States mails as •(S1 IY 1 1� 1 ,, HUJNTINGTON HARBOR PROPERTIES, INC , 'C/o Rodkin and Blum '9777 Wilshire Boulevard F` Beverly Hills , Cali.-orni.a WESTP ORT FINANCIAL CORPORATION �:�r•ti 1,�'. � � �� . , . {t;;F 914 East Kate 11g Anaheim, California 7': Notice shall be deemed as g#ven as of the date of deposit into � the mails, 9' 31. OM HEAD COSTS: Attached hereto and narked as Exhibit: ''D" is an $ r', •; overhead schedule amount , reflecting a projection of the approx.•- b iwdte cost which will e incurred by the CONTRACTOR whilethe. ` construction phases of the project: are being completed. Should � there be additional coars over and above those set forth in r�a • Exhibit 'D , then the CONTRACTOR shall be entitled :o be re- imbursed for the same, subject to the approval of said costs by the OWNM. Should rhs OWNER refuse to accept the position of, the CONTRACTOR that the additional overhead casts are reason- ,: t able and proper the CONTRACTOR Ball bear said costs subject to its right of review by means of the arbitration provisions set forth herein . 32 • ' $Fn1I.A7`ION5HIP �OT PARTIES: � get It is acknowled/and agrees: to by and between the i parties that this is not a Joint venture , nor a partnership arrangement , but instead that the CONTRACTOR is an indepen6ent CONTRACTOR being employed by the OWNER, his compensation being �•, _23_ } N. fk 1 r w° f 6##at related ,to net profits, J ' �� ' ,yi_��� '. �-M.M - -w.w� #iNr r�.,• +.MIrJ� f1�Ml�'..111 !,���r��_"'�'My.��.� rJ1���w•.M�w �,.u�....--..,,, ...i. •...v,^�W •ram-.ti�� ,. . r .. -F • ¢/. V.Y.J.. 34 . PER ITT^.`SEEN r ""` `•�'. .�,nor .';; .•'� . CQY•I"t�ACTOR shall keep o:� the' j ab a e c;� ��tent Super- ¢ intandent, who shal,I be ;G::ii11.a_ wick all drawings and specif'L- r'. cations and who shell be 'nr the proper coopera t ion b, tween the various sub-co tractors . 35 . &TErZ1ALS .=.1D SUBS'- 4. L"T�0\"5 : Wh$re a brand or a n ,aed item or a pieea of equip- k ment or tAterial is specified,, the CO'XTR,,'TOR shall supply sa".6 i.tams specified. No substicuti.onw will be allowed unless '., specifically approved in w:. Lti.n; by the OW.M. Substitutions . :. will be eoneidera6 or:1y i.f tlae specified iten or items are no longs-_- mnufactured or obtainabdLe, or are unavai labla due to r,O a labor dispute . Consideration of substitut6s due, to delay,d 3; deliveri.00 wil'1 be considered o::ly in the event that the mrlrni- facturer certifies that then time bazwzzan t`_he final bid on this contract and the pros ised installation is inadequate for the fabrication and/or delivery of the item. � 36. ATTO:RNr.Y ' S FEES: Should there ba a dispute herein ., then the sun.ces�r :5:1 party shall be entitled to receive attorney's fees and :j arbitration or Court costs which are reasonable. w24- , -•• III v x•'. 34 l' }N! CONTRACTOR shall have the right• to audit and re- view the books of the' OWNER with respect to the net profits structure on the ,project during ordinary bus ".ne ,s hours . Any "j costs of auditing or reviewing shall be borne by the CONTRACTOR . CONTRACTOR shall give ' twrency-/four (24) hours notice to the 0WM of its intention to audit said books , and shall indicate y thn time that it intends to appear at OWNER' s place of busi- ness , so that said books may be audited. 38 . P IDL ING AND COST BREAKDOWN It is anticipated between tee parties that when proper zonipg has been obtained for eath phase of the project , and when appropriate plans for eacLi of said project have been approved by the OWNER, that the CONTRACTOR r-jill obtain bids for the purpose of determining the costs which will be incurred ; (see paragraph 3 hereof) in order to complete any given phase of the project. / The final � r bid amounts will be tutalled and this amount plus ,he over- head casts estimated to complete that phase of the project will be equivalent to the amount of the bond which the CONTRACTCR must , obtain to guarantee performance of completion of that phase of the project . The parties acknowledge that the CONTRAC7OR shall cooperate with the OWNED, to collect the final bids before any • prase of the project is commenced . The OWNER shall have the final, approval of said bids , but it shall be the obligation cf the CONTRACTOR to apprise the OTML ER of the gvalifications of the sub-Contractor or materialven making the bid , as well a�, ' s the Capacity of that individual or company to comply with the bid properly, efficiently and in a workmanlike manner . If either the OMR or the CONTRACTOR feel that a sub,-contractor should 'rj y • •I hi 1 I t u b* bgn4od, then the bid will not be accepted or a co,nt�.'.Z' let =til this bonding has been *ocomplished. Eli 39 . v,22CFI�R f,2NTRCGh: The COMACTOR will have the obligation . after all bidding bas been CcS;;�;�i _�ted a�ne sub-cotttr cts and ,r�atr:ria7� arrange- ments have been enecutod , to prepzre for the OWNER i cash-flow itemized expenditure compucatil on, This computation wj.11 be in sufficient detail to allow Gha NnER to knew the araount to be paid to any sub-contractor when he is twenty-fii a percent (25 ) , '' . fifty percent (SO%) , seventy- Five parcenz (75%/ and one hundred percent (100%) completed with his obligations to t1he project , All- billing by sub-contractors and materiralmen tir,ust by available for review 1.)y the OWNER at all times • A vouche-: syscem will be set up with the lending agency, so thac ,o payment may be disbursed by the CONTRACTOR to any materialman , sub-Gontractor or other person, a withouac the -4: r s-i natura, of the landing agency or of the "r O'WN:R should the OWNER so choose to execute the vouchers , It r L being understood and agreed that thQ OWNER treed not execute the vouchers , but shall have the optinn right to do so if it, should • f so elect. 40. CONTRACTOR ' S 1`ta IVRE PARTICIPATION AND RENEWAL - The parties acknowledge that the real property more particularly descri.b,ed in Exhibit "A" will ultimately be developed into sixty-five (65) single family dwelling units and approximately two hundred thirteen (213) condominium units or apartment units , plus the development of a commercial area for the rest of the property with the exception of small area of the property to be demoted to a marina site . Under and pursuant to the terms of the within Agreement this Contract shall be renewed for the -16- -- - - '� �MSx'�i+�t� , r.•ie Mai•� � ___ ,,;, ��' 1 , 10 oil Me 1 rr P G ram:, 1 1'r•.,. ..� i,.,L•�1, rL 1• •vt of the thirty (30) houses (after the completion of i•rst thirty-five (35) houses and sixty-five (65) lot offs • alt:* improvements) , then the development of the condominiums or apartment houses , and them the development of the commercial ;•: area and then the development of the marina area , unless the contract is terminated by the OWNER at an earlier date pursuant: to the terms of. paragraph 25 as coxttained herein: or for any other reason. The election to renew the contract as to, any new phase, (i,e. , the building of the commercial area., etc. ) will ba given to the CONTRACTOR in writing by the {OWNER, it y° • being anticipated by the parties that there will be no necessitjr to re-draft an entirely new contract for each portion of the development of the property described in Exhibit "A", but rather that this contract will apply with only the necessary modifications to take it conform with the new type of develop- ti meat• being conatrucLed . Ip t 41. SALES: ; It shall be the obligation of the CONTRACTOR, to arrange for any and all materials, equipment , and personnel that are required to sell any portion or all of the property or improvements thereon, as the same is developed . The CON- TRACTOR shall submit to the OWNER a budget for the sale, as well as a program fov sales promotion, including advertising, and the 0WR�.R sha 11 have the fins L determivation as to the program , ad- vertising, personnel, or other sales aids used or needed for the accomplislunent of the sales program. The CONTRACTOR shall not be entitled to any additional compensation for its obligations i• to supervise the sales program, however, outside sales personnel shall be entitled to receive commissions which are corunensuwate with sales commissions in the area for the same subject mu: t::er . These commissions shall be payable by OWNER, out of gross income. -27- i • 1 i h i Any- paragraph heading herein La merely for purposes of identification aid is not to be considered as aftoctinS it any way the substance of any sentence , phrase, y5 `.: or paragraph set forth herein. T IN WITNP.SS WHEREOF, the parties have executed this Agreement the day and date first above written. f• 'Y' HUNTLNGTON HARKR PROPERTIES, TNC. , .�' a Call_Porn ie corpora t i (seal) kL - BY h��z ` WESTPORT ENTERPRISES, INC. , a California corporst.ion: (seal) • 1 , "CONTRACTOR" APPROVED AS TO FORM AND SUBSTANCE: 1 . ttUZTlEtyt� Or r J^ I w 2 9 w a 1 Y•• rl/JKi. ..':_._r.•.,:{N.RAGS.'1+r.i+..i.. _.•,..:y,:.,. .j:�.,...•.-..r.Q_•.ai'-.a:r•.a •arw. r.�r.rrr�..iiMr --_ , 1 1. 4y i}i.. '4 `' .•...r ....y.la .r.ww�M+�r a. 'rr.�.al�rn .- i !•.` ... •• r�w�•...... ,. ,. •, •.L•, .. . � �r.• •..� .r ■..,. p-ram • �' ti i 1 r14. . i CA 1Qe60%*A AU bat ear talA WA stbousud In ha v vvw*;� oli Ca ll c=iaj Col.iity of O `zzs I ;'; •' Clay at I;unt , Beach, descxibad ao faiiG:rs: ':Mat portion of Section 1 , Tcu:whi? ; 0.1 %* , c .L1 'lest, Int�:e F.r�nc ?. Sol sa Ghice,, as shown On a. 513 130 o: Xi=Uw:aou$ Vzp3, reecrds of Cr"..,c Cc.•.:.ty, a:: :;,?.lcus PerWcl XG 2 as iLhown or, Z!, pa,e 14 0. Farce?.s :cps, in t:e 4 a tfica of the Cc aunty of orcx ,;:; �LCCpt+i... 6= ohs e.a3, :!A, 01�5� ...... J�.. ..f....-0C�ix'�Cy21 sttb., .��� S."1. t3.:rY G I...C1' c■lra=•syle c: avrry rtr ::.: c:•►erc.ct�.: (�.:cc ..: ter s5.*z3 rf tc to nt. +opMiata cr �•� it w4}w �y •w tr +�r1 4• r • „ .ai j, nt n J I.i J!/tiy M •1 j' divory �r.%tc ., w.at i.i .IYYza. i i„�,� Ys M1� •/bNNLw . colaYi eYY) i+., �•ML+•�••1. Q x�ccverabla _row a porti..:7 of c4ld 1....i without, 4:cuc: j; , uzrj rift to era,. + tl.e r=race y' or subx=face of ZMid 1 .: a are 5CJ •>:'cct bole yro-Went :mot -",.: Yfuvc:. of t'»c .ace of z:id 11ard., aZ rC" rw,:d in ,'cede, to Jao= 1=., a cc_-,p�0rzt1o., F• reccrdtd October 11, 19`0 in book r4,5 c;,. c 410 &.A tollorrS.: os Cf.flci•" �QcQrd3. ► A2 so e::cept ina theref r•c., a`1 oil,, .^W y r.'._'.:1 &-A other byc rocgrba r,4 t:-.'''w o+:,'���' NMw Mi.er similar YV WhoIw�1e :.� �;� �����i� ��M• W 4IYlt.9 urizy+ia Or or t".s.t r,,Zr be pr odacei f== raid rty L:,:& tha sala =d exclusive rift to � drill �1=t..3 walls fra.. ai r_ace. Ia::�.z a♦afV '�.:rou i; E � develop r�.i a �.ncY Ccx eruct tr::�cIs, the%#c ar.3 otY:er ��r.�rkc i:_ �.K w`�'tz� " , the wbst�~Prs.fie a: a perttf� a. zaid lex.2 +cr the p,=.-,ose of reccv_- it w m-I'mralso or =..y of fr= a i portion of ,.a.'d land or otnc; prwper L`► or •o:.°,:_:, tna the ria, at to uwc. Ctat porticn � of ;r:e at:bawface of said -reperty _yr ng belca a elupth of 500 ta:t frcz Uo surfucie } o:; zaia pro_• rt�y for all purpous L;::•tslydr-g to o_• in. cMent 'ram tho produoticu of, th* x;ar aZe of. corser".tion d_, or �:�; 1 -ir.,? for oil, ga.:, a:phat•= urA other � 1%,d,. cC....z'bars and other x�r:_rtals to those onecSfS.Cd or rots or Lr.,f • • - o_ caiz_ subst.,nces, by me.-Liz_.L` z of ar�v =Alo1 .:"1t�:J'r1 0« unlaunmp but not 16:1cludiza vj thin this exception, r-ry right to tce the of said property or that portion of t%L! cubvxrfacc t arao; 2;r-iza sibcvc a o:: 5;:D t olet.J the =face for the eXoressai,d pi-xpases; provi•dcs2, ary ar-i r.:_+.l cuch cp' t1c ► z :1.1 be cor4uated; so as raot to con:Altutc cr cause a or private rzis=ao *4 a Zeazdzs of :4 Civil Code of this State of Cali:Z crala; ac raserx vcd in the deed fits :mso t zd ar.4 Wart`rr C aW, recorded Septcrb5 v 27# 1951 in bcolr: 5S6I., p-6-:6 6.:2 of Official Rer,.or3s. ' A1yo excaptizZ arx2 r'eservtn„ to the Stata cf Cali. nla sU oil, Grc, oV Ccel, p:o$p�:atet sodsuri, -old, silve-r ar_u all atl _cr ::wkcre~t d,oposi,ts co:;, ;An44 10 a portion of Iaid land$ to' -r :rlt:: 'mac to c. l i1i for an-2 :: �.ct ::uch F dcpo:;its ox°' al! aril (,as or 3= L=�:: to y o r,4ct far, ex.d of ot'-car fk= said lards d r ~ •1 ta:-e•t:Y■••r trc tZi t: rf Szt to c,fld use only a r+rlr ✓t/_./w. o riid land for ca- `J Ufa +�.i`.�, w� + o- date ea bee r•�{ � prr � .•.?;5 +�\ 'r s.� C�r��r1�1L.... � ��i� fi r��.�ail� 7 �YYrrra./Mi 22, 1; 60.9 bct,xcu the State of California a.-::Z X.untiri; Xarbo= Ct:-,..=tioi:, a Da+t.wr a corporation,, recorded Jab^_r 21, 1551 im bocl.•1 5611, p25c 470 of Cfi'iciu Recoraa, as a=-._1sd by the e.-et=ere d:.tcd :ove ar 22, 1963. betwoon zuame partio3j recoiled Varcb. 7, 1963 is book 5457, pa;;a 0%19 of Cificiwl. Aecords.. end as reservcd :n t` a deed :-cn the State of 411:o z a tw It-mteir_gton Harbo= Cor`cration, recorded r ebri=r• 15, 1965 In book 7413j. ".033 a 0Mcial Rote rds. •rw:.V3 L..r�o.r G.�• / *• c =` 1QZad are 1 copy of each of mr � ,,,.,,, ..,.,ice referred to irr said ro�ort. �Vr • .I•ar r I.srL, v.Vr•.:.r�•a Vr.l 7 EXHIBIT "A" i' Y r,' { 1 4 { ` w led ;4 joy 1966 3 bask city C if % City ark fib* G19.t. tiro p1r►r�tai6 ogi��ia�n 66-39 0 of July ", 196a &"IOWA is a clock for $3 be CIA?- GCj h �a 4' Z w4 1 n� R• 1F{ . - 34 . ,aA1 �� e��1 � '�,'ry 1 � �� �y• 1 1 1 1" � 111 Y „ J M '05* f FM1,i i r 1 . i) \..'1 �fi„ �'ll����'�'1<, Ai:�:'�''f �;.\n�a.-�v1�• ,� Y :il , TA' 222- fff • . t ' y 41466 � V �111N MG'W ►�.. 101 WON � g 1 II U r ,, � fA f ��r��Id'�' '�71 y.Yi�:n rf•l: 1 ''.I1� wl 'r �i . ' r: , 1 {M r.., i r. A �i ��, � !�� '7Y1\f' i;} ir' i r ) 'i � �'f i1M,, n '` ^M '6ti:Yf y� � ,•1 ^.�. �� /fir y� ',i''s a�% r � . � ��_ •'� r r '�''�'Sc'I : 'pit' I^'�^"� �w' A6i,.:u��_4�+.�. ' .., .'•.� :..�:,';' I SA 1 •, 1 Y r• �r w pftm "Imm �'' �+� *� M M11 IMrr' • /►.My or Mil o11�1A for Mawow 1f ' M�iptlpl t� MNwo IN! s out ow �MwNrr/•II�R ' 11 11�1� MRf in MM , ' ! PLIOGw am kWh" M for w sp~ sW oppM M 1� WNW kftrmadm am be aww" { MI1T� IM of fagr I C11'Y ��11 I , } y •, r ,� �[ o- � . 1 „ + �V ! , '• } a TIP If Alf too 71 -46 • w r f � l +' 1i ill old 1 . • !.� Hieflogto lack F1111i11 COMMISS111 —WF PP P.O. sox I n CALIFORNIA BUM August 5, 1968 �LE H1VOR AO CITY COUNCIL III a4,� Commission MMERANCYCr l t � E tAot go. 68 3g Appmel ifawtiml Wyle Miller City Adfainistrator Pout Jones, 6ity Clerk ., C�tlesees�: ' madtrtod jherewithCA is the Plan�ni Coa�mission recom- Of which was appealed:. No. A. .J Zinngirabe r o ' ' . laCltians Southwest corner of Indianapolis Ave. and Newland Street. rr. � t: To allow the construction of a neiKnSle � r� _"" hood conv,a .i e t in"tl �tl 'p • ' , � • 1 ♦ ���� r��� �i/fir�l ��� r � , t ea _ : .hP . a 1�'ranta 'lbit our intent to provial commercial facilities that are r' c am at,ible with the lmmadlate posidential neighborhood. These facilities will �y supply convenience,,, goods aril services needed by local population. {' Staff me Lion: Approval with canditions 1 '' :. lazuait►�r ssiom Action: Denied Fiven kX he Planning Commute on for heir = + • om 1. The request is not within the intent and pulse of the C-l9 zone. 2. It is not campatible and not needed by residsnts of the area. LS I Slates, Leine Miller, Royer Tarn, B&z i 1, "0 = None TO Mum wtuwli Ugmetftlly submitted, K. A. Reynolds Secratary, Planning Commission KAR<f • � M y R 04WItieftl bmap, 66-39 :rr COWM r 4 � I st & Rdrmary L* KOM@l $421 Reilly Dr. lim ft cat Calif. 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S, y w 14 +1 1habli*h� �r� .,. nlwnm won"r..r�� Pole tc ards w wxzclg OF POLIC RMxH0 r , pur � 8 1494Y LIVEN that a public hearing will be hold by the 010, CowQil of the City, of Huntiiirton Beacho ' in tho council ' Cheri of the Civic Center, Huntington Beach, at the hour r of r; f. , or as soon t1vireafter as possible, on t ,,. day f , ,�1.,_r..IM°,.�11. 1$i , for the purpose of r F� a id�sa�iag gi . dw dowlail by tw city t r *I 40outlawl Reaftwun , to alum Lim 60Mtrwrlon of a rrIII arowoeuvw1mas market in the Ill Unto Far11y rAldom w► ' pt+o 1� �t t�i* rodel�rert aoan er of Wi=spUs As fi'10 to the tlAWAS 4krt amt i • t r n I All interested nerauns are invited to attend said. rearing and exprtas their opinions for or agaltwt said iam„9g1;to 39. Further Information may be obtained from the office of the City Clerk. DATED: 7/1.10_ 1._.°rr....w._I,.._... CITY CP HUNTINGTON BEACH BY: Paul C . Jonas " � City Clerk � f s f 1 `� . � � I � G :ter,. ��• rV! ���/ , �.�i� -ri , .n. TO.- The Honora.bl� Mayor and City Cowicil R014Vi: Pacific Sands Residents SUBJECT: Zoning Ghangc j � r Wo, !rho undersigned, are Ktrongly opposed to Conclitional Exception 68-39. Our Yoasonu a►re listod balow; 1. The original parchasers of Pacific Sands homes in the vicinity of the lot were told that the lot would definitely remain non-cominercial. Z.' a feel that it is very poor ethics to change the zoning of this residential area. 3. 'There is no need for such, a store at this location. We have two -permarkets within a mile of this lot, with a new market being guilt at the corner of Beach Boulevard and Atlanta. In addition, there are two small businesses within easy access, - 4. • The noise and heavy traffic and litter from the busincus will be a constant n%iisa.nce in this quiet residential community. 5. . With the high scliool dixe to open soon and having the St. Francis of Assisi School within walking distance, Indianapolis Avenue will no doubt be. c well traveled Fou`e to these schools. The extra traffic of delivery trucks, etc.. to the proposed store will beg safety hazard to these children. 6. LAST AND NOT LEAST! ! There are many children in ,our neighborhood. At the pre sent time, the only available lot they have to pla-y in i R the lot in question, and it is in constant use. YI!' AN.L TIIING 1\T =S TO BE i�UZL1' AIT t HIS -LOCATION IT IS A P.LAYGRO7T1ff. You Will find attachel, a list of Pacific Sands residents who have respectfully eignid their mmes to this petition. We hope to have as many of *head people as possible attend the upComi.ng meeting. Respectfully, ' Pacific Sands Residents ao Tuly 68 4 upon" T• 00 i . :.{}•r. .�. .•a� !,•+ ram. _� � �. Wa. thi, u,dersipied, are: upposed to ::ouditional Excupti,ou 68- 39. 'I';i;s vrrulc: allow f�,r a "no changes from r�aid�:ntial to c:arriiziUrciC►]. for UIC pui-PC)SU of huil�lit':F; marxo at the corer of Newland ar.d Indianapoliri Avviw(.. IN A'.%4E' ADDRESS 1. OWA 5. 9. 4 // 23 10 I •� i /r •� (A/ / . 7JI 1 z. 130 14„ All, l �a- 1Z e. �� zoo 4 Oak At ~4�Ilk. L)IJ 1, • . � ?, j i f. 'w 'r.+ •ram• ...•. ..... . . ..._.... ... _. .. ... .... ...__.. .. .. . W,-., the undetsigned, are opposed to Conditional Exccptiwi 66-39. This v,aild allow for a zone change from residential to cornmercial for the purpose of b-lilding a 117- 11" market at the corner of Newland and Indianapolis Avenue, NAME A DDR LSS Z, A,A 4• OP • r AP S• 6. ` 7. It rJA U J , •rf�i'i� LI IAJJ 13 .�..:� 14. .'1.,,,.. 15. G � � -�6 -- , 6 17. 1 ti. &4 .200 i� r lI 3. J L I the tinder*Mgncd. are oppomod to Conditional Excuption 08--39. This wc,ticl allow 1 for al zone, change from residuntiai to corzanorc:ial for the purpose of Luilair►Ll ;i 117- I P mar'kut at the corner of Nuwland and Ind!a.napolis Avenue. I 14AME; A1)DnESS' c_ LC A4. ' ' r -_TJeJ� g•' ('./ n 10. 12. g / / • , / 9 .14. 150 17. tA L,12q • l g' , l e 7 IY j4I L JIIL�. WF I w 'r F - Pam We. the-under signed, art! opposed to Conditi(A-1,Ll E'xcor.tion 68--39. This •Nu11(� ii1�G .ti' ! for a Y.+me change £rorra residential to comrnurci .1 for 0,x purpose of bultdir-.g a n7- 1Ili market at the corner o:- Newland and Indianapolis Avenun. NAME ADDRESS 6CA- 3. 4. . 66 S3 V 7, 2��zvc�� dA �. � 1-2 2 Ara 14!24 a• Z 6� i E 9 0 .I Ott / f lei L"IP4 13 16. Ile 18. 190 I 206 1• 71 � . ZZ. 1 f � - •W/Y f , f We, they underelgned, are oppoeed to Conditional Exception 68-39. i'hici wull(l allciv, for a zone change from residential to corniaurcial for the purpose of wilding a 117-1 1'I r market at the corner of Newland and rndian,%polits Avenue. NAME ADDRESS _ 77. ftb t 104 LILL1 1 •r ✓�' .. '' . s ,.,�^'' i L-�-� fly Z C 130' / �►: 1 14 14-J 199 -ILA, .Yf•�'/ / � f 21 f Z-5L i ti. Wu, thi: undersigned, are oppoved to CIil(lit,ic.►11 r:'.cupLiOil 68--39, 'C.lis wulld allr.w for a zone chr.age :rom rasic autial to corni-our.zial for the purposu cif buil6i'.iji markat at the Corner of Nowlaud and Indianapolis ,!Avenue, NAME ADDRESS • mil. ..., .. ...,. ..._ 3. 4. Old 7. y t; 1LY/- i - 7 ' J f 10• JeAgiAll • i 13. 8. a2. 14. 07 16. ruyl IXUI"&4 18. 1 � MUW 19. 0. w � ZZO ._.� A . - �- a� 4 . „ 4 '_-'•-wry"�Y��� • • �. - At , Wa, the undcraY ned, axe opr�osecl to Cos�dition�l Exception G8..39. 'S'h:a; wu:tl.cl allow for a zone change from reaidcntial to conirnercial fox the purpose of huildi-rig a "7- 1ill market .t the corner of Newland and Indianar.olia Avenue, 1 ' N AM E ADDRESS I RZV A-- V4 I • �07/' ��• 0 r.. � r 7• OF Ville J ...._ lo• - �` r r •. 1 . . •...,ALL !% 19. 20, I • / 1 Y 1 .+ • Y '��Wxe. f Z 3, - '' , • Z4• '� J 45. I 1 l � t � • •sin.: .. .. . _. ._,.... .._ .........�...�. ... _.. ._.. _ ..�� i 1 woo thvi undereignud, arc opposed to C-on(litional )-,-xCQj)tioII Tlds .VL).tl(l fillov/ for a x�mc! charge: frorr., re ident•ial to C,-)nI Crciill for Lh.. purpa,c of buile:il-ip t� "7- I 1" market at the ;urnex of Newland and 1ndianapulAs Avenue. NAM AD Ult 1:: a 3• 64 eS 10. 12. i 16. -� Lip- 140 150 �._... _.4 3— .__.._.. o z Z, RLA A- 234 24. .. ! y 1 1 Wo. the und.:rsigned, arc opposed to Conditional Exception 68- 39. This wcu ld allow for a. zaae change frorn residontial to commercial for the purpose of building a 117.1111 In-sark©t at the corner of Newland and Yndianapolia Avenua. NAME ADDRESS • s� 3 eel /y try / 7 �1T 1 6 IA - ' 91. ` to gym• �IL"t"� • f . V 106 If 4 eu OF o ` 19 r � Lei z 1 • mow. �rrr���+ ��.��r�rn+r-�.,r.-wr.r.�.. w�.w+r,r ! j z4+ 1 rf . 1 I t' S Wc, the under signed, are .opposed to CConditioaal L%ception 68-•39. This world alloW for a wire change from residential to ron-imercial for the purpose of building a 117-11" wiarket at the corner of Newland z,nd xndianapol.is Avenue. NAME ADDRESS 5, . CV4 F}• era. � .. . / 31 NIL ! Opr .� • ­224a 14ELI 15. ��. Cl:arl *A a 17. 000 .190 ./ lz co a� 24• afe T Odor& ; ! Woo the undorsigned, are oppos_d lu Conditional F..xception 68-39, '.Ctiis :wi-101 ralluw � for a none change from residontial to commercial for tho purpo-se Of i I'd.1dinz; is, 117-11." market at the corner of Nowland and Indianapr_lir; Av;:iluc. : 1 .NAME A DDR ESSS� ' r lio { 340 r .4.7 9. ga Lj it. 130 6o 14. 00eL+� 164 190 zoo gl. 2 �. 240 • �5 .W w� aMlb 1 1 are opposod t0 Go. Ciitioaa-l on 3 9- 'I V10.1 Ci for a zoiii chanryc f-C�Y2: rusiduntial t0 =-n-:orciiL1 :Oi tl��; �'1��05c: 01 bla:ld�:.; a 117W1l�� uz�trlcct at the cornar of Newland and 'Ondianapolit: Avcruc. IMAM ADD12 'SS r r i • -tip .� _...� / 7 �I I . lay 1610 17• 2 0, 23. 244, ! � �• ��� � -. �'•- .. p� -i.;; ,�I ,� ,� ,; i r�� �� � �� ,..�' ,h � *, ;. ..` P r1 � � �--'_' .. 'f k _ �.i �. f �� �. �M�',ry .j� •�_ n. • �\ � O .. �., � �. - .. y., _ 1,-�_�MY. � i � .� � � �. � � r,. �, ;, �'.'� - - � � � �4 *ii� . ', ,. i s � I' `. �.l' j� !, w ! � � .,� � fly' � .1 ' -d � _ � ! i t �:. _ . � � r . - ' ,..�' � f. +��. •� -, '1j n �_ y � x � � . .,, • � � Clgust. 5, l9t�►8 NonorAble C1ty Council itint.ington Busch, Colifornia Gentlemen: 'Included itr. this kit arb acMiticnal itais of Information we feel support: our application. To this we would like 4o offor the following point's: 1. Landscaping, provided--. times requir-wont. 2. Present traffic Getint a_s.raww-...-4 COO cars drily- Future traffic ,ON oats daily 3. Frosont �vp4latlon_W-----------*-*w....2.4pt�r�y Futuro Population---- - ---- 10,43,5 4. Prrsmnt C*=4rcia1 sonod-----------20.0O P.c. not Future CommerclAl need »»r_rr_ra.-25.00 aa• not 5. Present Cowserc1&1 Uovs1a}vd----------3.8 ae. not Fresont Comercial tilled_..•.-..---�..-- .5.8 so. tit Items 4 and 5 Are based on 2.41 acfl,OM populrtion. An immedi.-Am need of 2.L_ ac. is 3n iertod. TMnk y► ,u for your consideration. 8. J wintxprrabrr LLx 1 { Tlsi4t 149�V3l!97( i '. �.�I'w 1� 1 , ►I� } _lA��i 1pqps 19 WW %,I, Ili I *! �, LI s ,lf I iy I I + Al i ' elf*6.01.7�ir I` I 26 1#01SAfAMLSTo ZI-75 01 itea,._ '� I w4 44 ".Z10", da "r .r IS'�1 f Y i r .,r.....ww..�........"..........,..,r_....�..�....���tf kCi r..-r.�_r........�...._.�r...........r,.r. M I SECTIONAL DISTRICT MAP I���► -� I ���+"`-� �ea•rsr ���r�r�yl.ro MOttr OF 1-. t.,rt� CNorati,hsq A.IWa Or1O.t a,errrl,! Olt Ma i r�riN To amT -4i rj�iir w4,r44 •w _ �1 60 an !e rt yn �[t[Yb• HUN` INr�[� 1 ��4 .., ., a. CIO .+w .++r• r.vr.w "Tow !•,•M I0 rw (' IOer1r YIWN MrAfr ,014 r (M0 R A N ifE COUNTY, CALIFORNIA &.i. 1 �.3 lowt�cw e.�t�er n 6.111111 uu CQLi�J AWKWC6 fly YOraC CAOC: .4?r aw.w. urarvw �waa M,IN,F�.tW.�,f, �►:,W11 Ys.7►•.�ri.�M.H�,HI,Mo..e..M.a-.e e.n.�f tflo lyrlw uMiO or-it TIN r��Ol IMAM iRrri 7. R �A a( ►il RI r ' Men RI If R1 Ott R1 i amRI fRat NA•a FR RAMY({yam,/ � n I e JjJr iAi hA-01 IF • u RI I • I ' Ri W t I RI r R1 all R1 u RI i►t � M 3tl rMi R At MI 1 l RI At RI RI R1s 1 r"� r RI ` v4 RI R1 ft IOR I I ' r a AI RI RI C4 -� '._."Ij _ }lam--=.., �•=--•-��-�`.��7 ASV[ M'•w Ar L rb 1. Q ' I"m Iw��•IYIGo pkL .V" 1 Wow , "m .-. 4*4 14 AM w W - 1 ._ wao Yi00 OM ,•,ca tow ;neon :mm 1 1;•ac Mo LI.- —L Ll ITWr I"MA 0"*,ItLa F. bm IlkfAR �- roY.w w"Ian No IN"Aft Mir I QrY OF wwaw rs FK, RMSTO1 KACH iRAFFIC Fi.ONMAP 5'' .� .,.M 6 ti 1 , r • w P INS 10MRCIAL DISTRICTS S , 9410 ..+w +rim.1.Y+�Yt_rr...ri*..+ia.r.....�wr�..+..'. .•.....-• CHAPTER 94 CO ,RMAL DISTRICTS ARTICLE 941 , C1 DISTRICT r 943) . C2 DISTRICT 945 . c3 Dis,rRICT 947 . C4 DISTRICT ARTIC IX 941 C1 NEIGHBOR COMMERCIAL DISTRICT 731, 995 ., L, l if}, 1194, 13421 S . 9410 INTENT •ANT..PURPOSES S . 941.1 USES PNRMITTED S . 941.2 YARD REQUIREMWITS p S . 9413 MMOP'MENT STANDARDS S . 94;.4 OFFSTR.EET -PARKINS`, S . 9415 SIGHS S . 9410 1'IITE%.r AND PIMPOSE : The purpose of this District is to pro- v det commercial - facilities that arc compatible with permitted users of the imnie li.ate residential neighborhood rtnd which supply conve- ience goods needed by the local population . It is intended to limit the size of any area ad designated to a maximum of three (3) a( ,es . It is further intended that said areas will be located on one (1) corner of intersectitij secondary arrer.ial highways . Said areas are to be developed. and• maintained as units for the mutual benefit of merchants , cus tdmers; and nearby residents . S,411 t SES • PE ''TTED : The following retail and service uses ;hall, ba., permitted , subject to administrative review by the Board of Zoning' Adjustment:e , Said review shall insure that uses are developed in a manner compatible with the intent of this District . S . 9411 . 1 Retail l.'ses . H• Fakery goods - limited to five (5). employees C : Convenience maikets , grocery, meat, 'fruit and vegetable stores D. Delicatessen Drug & pharmacy stores I. Ice cream parlbra, •and candy stores Ice stations - pn-pR.aged Lo Liquor stores i 1 1 r v : A A t 'J•N � 1 S . 9411 . 2 �1 COMMI CT.AL DISTRICT_ PLANNING S . 9411 . 2 Service Uses , B: Barber and beauty shops L. Laundry and cleaning agencies , hard or self-.service laundLies (no plant operations ) , and accassory tailor shuns . P. ?rofess ional offices . S . 94 2 YARD MUI R w S . 9412. 1 Front Yard : The minimum required front yard shall be fifty 50) feet . S . 9412 . 2 Exterior Side Yard : The minimum reoi--red exterior aside yard shall be fifty (50) feet . S , 9412.3 Interior Sidle Yard; The mi.nimuni required interior side yard shall be ten (10) feet . S : 2.4 Rear Yard : The minimum required rest* yard sbai l be ten ` feet, I S . 9,-,13 DEVE1,OPMEN`r STANDARDS S . 9413 . 1 Site Area (a) Mires HuiYd -S : The minimum building site shall be one- half acre. (b) Maxiumm Building Site : The maximum building site shall be three 3 acres . The maximum site area devoted to CcMiei-vial uses shall not exceed one and one-half (A) acres . S . 9413 . 2 Minimum From: The minimum lot frontage shall be Otte 1 hundred 100) feet on are arterial highway. S . 9413 . 3 Building Hei hrt : The maximum building height shall not exceed twenty 720) feet to the top of a parapet (wall And shall not contain more than one (1) story. S. 9413 .3 . 1 Exception : RoAaftop mechanical equipment and screening may exceed tba twenty (20) foot height requi,:ement, but shall set back fifteen (15) feet from any exterior building edge . Said rooftop screening shall not project above the equipment it is designed to shield from view. t ro o h. 1 P'+.A''NNING CUM: EFCUkL DISTRICTS S . 941.3 . 4 S . 9413 . 4 Grow Floo•:: Area : The maximum gross floor area for arty one cone Tierci_al. use shad not: exceed thirty-two hundred (3200) square feet . S . 5 Loading Area All loading areas shall be screened frogrl Nri.ew from any public -,right-of-way be a six (6) foot high decorative wasonry wall . ,Said leading Areas :shall be located at tl�,e rear or interior ;s de of the: building . S . 9413 . 6 Lfhtinga All lighted advertising devJces or floodlights shall be stationary, rion-' lashi.ng , and non-animated; said advertising devices and floodlights shall not gererate light visually intrusive into any adjacent property . S . 9413 . 7 Tra� Garbage.,_and Refundable Bottle or Container Collection Areas : All r•,•ash, garbage , and refundable bottle or container collection. areas shall. be screened from view o►� all :four sides by a sin (6) fcot high decorative masonry wall, building, tar gate . S . 9413 . 8 Guts ide StorA&L . All goods , wares , merchandise , produce , and any other conunodities which are stored or offered for sale or exchange in this District shall be housed in a fully enclosed building or structure . S . 9414 OFF-STREET PARKING: The arrangement, access , and number of all parking spaces and/or lots shall conform to Article 979 . S . 941.5 SIGNS S . 9415 . 1 Signs Behind the Setback (a) One (1) wall sign identifying each business shall be permitted. (b) The maximum sign area shall not exceed ten (10) per cent of the area of the wall to which it is attached. 1;c) Signs shall not project above the eavele; or parapet of the 'building to which they are attached. (d) Signs shall he parallel to the building surface to which they are attached and shall not project more than twelve (12) inches from that surface , S . 9415 . 2 '.�Within the Setback 000- (a) One (1) fare-standing sign shall be permitted for each shopping Center in the front or excerior side setback. 1. 1 Y• S . 941� 5 .2 (b), COWERC1AL DISITEICTS PLANNING ���IRpll .Ilrll ��u1rM�.�HIM4�1�.�..ii..Yl✓��. ,.�.�./�Y/Ii 1 ■1lri/iW� III{�•/•r rq�t �� �.�111 I�AYAIir+.�..i1. YI••� �>7M ,lII�W�w+w�w1 �,�.,.•PIY S . 9415 . 2 (b) The maximum sign area ,hail i not exceed. one hundred (100), squfare feet , (c) The maximL2m sign hel.ght shall. not eirreed thirry five (35) feet . (d) The Sign shall be set back tw.--nry (20) feet 'Arcxn the side property line . (d) ; All signs exceeding forty-two inch6s in height shall have a tr.•inimum ground clearance of seven (7) feet , No sign shall project over any vehicular accessway . S . 9415. 3 T'emVorary Signs : Temporary signs shall only be permitted for .special events such as grand openingG , husinesR anniversary sales , change of ownership or management and change of business address . "hey are not intended to, be permitted for eVento such as clearance sales , weekly sales , s pe v i a l s , e t c . A s i g• n permit shall be required in all instances ; which shall include posting a one hundred dollar (100) cash Mond w.-h the City tc Guarantee removal of the signs , and an agr-event: signed by the property owner authorizing the City to remove the signs in the event they are not removed when the permit ex.pires . The 3oard of Zoning Adjustme--,ts shall review all a-p- plications , as an adminie'trative act to determine the l--tigth of time . such signs may be permitted and to approve the types of signs proposed. S . 9415 .4 rs• -hi.bited Signs : Prohibited sighs shall include any advertising sign cr device not specifically permitted by this section ; except governmental no,-ices and signs ; danger or emergency signs , construction signs , or legal notices , and signs loeatod within a structure which are not visible from the outside . Nothing herein shall be construed as permitting off--premise advertising Of any type . t r ADDIteautl fto ftart Wo "fie 0(mdi:d LmO AmoptUa Wo. 39 amA o►fferm tM folloviog Wwmatim for your oonalder-sticia: I* 2k,3 sabje ct poi- is locaUd. a jvb& southvest aonaor of InALamppalJA Jive. . w4 Xe aclmd cor4ieta of 6 593 aarom of 1 ]f. So l w atd ova t ami%ap of pop4trV falls wlth,:Lu the invent and pwpaxe at the Cl fttshboxhood Gowwraial d► view of this, the � of 000d.Stio cep orn Soo 59 nab j sot to the tolloving aaa��ouet� i. A poVItioa to rs a the pmpef'y to 01 shall be ZILIe t prior to immuxua of bull por mlAm. i ]f. A111 YMTai.o at V-'-- 01 noels an.all be oca■tp'lie4 with. i es Ui CMW ftmdamfto .1 musents mball iDoluds 48 "Y"Ot wipes t ad a%meet IlAtes - 40 wasev sagp4 4effal )!�* th"VO the cm_.t-y, of avmtingtam fteek,• hater 1 "', 50 image 4SAVOCId Mal b+ awavo the city cit lqu►bintpoa ftaoh's mevagv *]f&two • Go Me weater, a mxj mA fir4 brat sys *ee shmI x be app"v*d ,bg *e Be- tM of YMia Works avA ]fire Departs►eat., �* fto vmp '' dwU parWipato In 4he local dwai W6 asset � t� It. Pirolis y wA Me' mail r9ports Ahm" , be subaitted by as approved prOate sallm engizear to the Git,y prior to iae tamer at wild . w peraitgo 9. All utl ties aMIX 'be i,wtalled undo 10,v fire slam s*tm a+aAWt and appurtenmeen aball be im talle d bar tba developer at locations sAd to speciri.catiozz pxwAderd br 1&e fire p+rpeA}taeat. ti "•. a ,:!; � t• • l•r1 r r . AW6001SCIS Inc& CIVIL 'r DIGINIMPS a PLAN142}78 LAND AND MINNAAL SUH V t.YOR9 Roben M.Galloway R.C.f:.gulls. 14063 Thompa 1-1, Borkdull 2317 July 19, 1966 Pile #10 -4,600 The Honorable Mayor and City CouriCil � City of Huntington Beach Frost Office Box 190 Huntington Beach,, Califbrnia He: Conditional Exception 68-37 Gentle men: i On behalf of our client, Darby Land Company, the developers of Tract 6651 in the City of Huntington 8em6l, we respectfully submit tfii,s Appeal regarding the action takers by the Planning Commission in ct7nnection with the subject conditional exception . This application :n: sally Carr* before the City Planning Commission at their regular meeting on July 2, 1968, at which time it was "continued" against the wishes of the developer- to the next meeting; dh,e to some misunderstanding on the part of some Commis-stoner: as to the action taken by the City Council on May 20, 1968, when the follo wimg was unanimously apprnvwd by the Council: 'ICn motion by Kaufman , Council directed that the present policy be continued until such time as the City enacts a new Subdivision Ordinance. Motion canted." We w-ibmitted a letter of appeal concerning the "non-action" of the Flaming tWomlmission on July 11 , 1968, and this appeal was formally prement+ed to t4ie Council at the regular meeting of July 15, 1968. At this ttrra the flue Councilors present unanimously endorsed ttlo%- pre-- vlous action taken and recommended to Mr. Harlow that a transcript of the minutes be given the Planning Conirnission at their regular maaeting of July 16, 1968, and beat they be instructed to continua to approve tracts in accordance with the policy statement, until such tune as aaa new ordinance is prepay-ad and approved. 1 04 Narih Newport d1vd. (Old NawW t3n+d)Nrt 6osA Caldym:a SIM TN: (714) 842-3010 b 6W3W2 — "q' ; %og 146 pW" a" , p.0. Dox 2W h*6or^Arizone NMI Ta!•(002)4454461 w File #100.,-4600 -rhc- Honorabte Ma vor and City Caoncil Conditional Une Permit (38-37 July 19, 1968 Page Two The Plnnnirig Commi-:Fsicn was cc) ndviscd by Mi FI'Arlow at Vieili- meating Ot' .July 16, 1966, and the siubject arse variance was again considered. -rhough it was appno%.ed by three votes to thic) (two Commissioners absent) it failed, due to lack of majority vote and was therefore automatically continued until the next Planning Com- rmssiun meeting We wire akd%,Ased that two Commissioners will again be absent at ...Ie next meeting, thereby causing a possible further continuanc6 before Council action . Further., the developer' is suffering a severe hardship due to the continuous delay, causing severe financial hard- ship on this multi-million dollar, piece of property, together with extreme loss of time , which could be a very major and serious problem if the delay prevents construction and grading operation;.; prior to e, change in weiather conditions . We, therefore, requested that the hearing be reopened and the variar-y_-e application de,iied, such that the developer WOUld a-.,00ld the possible delays by having the opportunity of appealing the case to the City Council at their next meeting . We respectfully request the Counci ft-war"able consideration on this item, since the variant requests in conformance with the policy staternent which the Council has irt .,ucted the Planning Commission to honor until such ttrne as a new ( dinatice is approved., and the application was recommended for pploval by the Staff. The project has already been delayed for ove one month by the Planning Z;om- mission, thereby imposing a se- re, hardship on the developer. FEZ-15pectfully submitt'—.4) R� GAL OWAY 'r", ASSOC. INC. R. Gallo President RN AG:db cc: Mr. Clarwice Minmet%ly., Darby Land Company A 1 ryl A 1 1 Huntington Bosch Planning Commission ► '►a { , P.0. 0 0 x 190 CALIFORNIA 92648 C ►!Mt'1 ���' Augustt, 5, 1,968 L E. T T E R OF TRAIL 5 T1I T T A L To ., HONORABLY, MAYOR AND CITY COUNCIL FROM: Pls;Lning Co=ission SUBJECT: 0011o.i.ti.onNl Exception No . Lye-57 A+TENTIOM: Doyle Miller� City Administrator Paul JoLes , 6ity- Clerk Gentlemen: Transmitted herewith i cci the PlanningCoi=issionv s rec;ommortdation to deny Conditional Excepti -)n No. 68-37. This application was originally considered by the Plarming Commission at their July 2 , 1968, meeting. At that time , the Planning Coimn.isslon continued the matter to the Jul T 16, 1968, meeting to allow time for the applicant to state his reasons the request should be approved. This was � g FF Pz'umpted by the fact tha u the application did not specify A hardship. This decision was by a 4 to 3 vo're. The minority vote expressed the oppinion. that additional hardship was not needed as the application. Zonformed to the policy, state- ment which thoy felt the City Caiulcil had asked the Pla ing Co,mi.ss l on to fallow until a new o; dinaace could be adopted. The Matter was again heard by the I'lann-in.g Commission at the July 16, 1968 meeting. At that time, the Planning Commission voted. to 2 with 2 members absent, to approve the request. Due to a provision of the By-Laws requiring an affi.xr,ative vote of 4 to approve or deny an application, the matter was automatically continued to the August 6, 1968 , meeting. After the vote , -the engineer fcr the developer requested that the Planning Oommission reopen the hearing and make a decision on the application and that the request not be continued to another date. This would then allow the City Council to revisw the request through a favorable recommend- ation if approved or by an appeal if recommended for denial by the Planning Commission. The Planning Commission consented to re-opening the hearing if it would save 'the developer -time A motion to decry the request was approved by a majority vote of the Planning Commission (4 aTes, 1 not 2 abeent) . 41 It v;as reqixeated by the Chairman that 11J.S V0aSOT1 far voting for denial be included in this report. 2'ae ChatrMan' s reafion for this action was to expedito the aPplication because of the two previous continuar.oeLi and because there we:i Tio way of knowing when four affirmative votes would be cant eljOher for approval or denial since two membe of the Co-nission were on vacation and at least one of them would not, 'be present at any of the nfixt fo-ar meetings . He agalzi ,.xpxeE;sed tLle opinion that the policy statemer-t-, should be fo:Uowed, until our ne.w ordinance is i d e L P,s e Respectfully zibmitlhed , K. A. Reyuolds Secretary, Planning Commission J' W; fib t , r i• ' l TM �III�IP`�- pub 1 i e�,.,,rr,rL.` .ri...�•a.n.e,.� PU�lC HEARING SET e c »,T Yoa tc:arc3s 70 { ... looms*~ NOTICE OF PUBLIC HEARING APPL+AL TO CE 68-37 140TICE IS HERESY GIVEN that a public hear• iTtV, wil. l. be hold by the f City Council of the City of }iuntingtoa Beach, in the Councl.l. C:homber of the Civic Cai:ter, Huntington 74,�nch, at the hour of I k 1: 30_ F. M, , or as soon thereafter as possible ; an Monday the 5th dayAug ua ti q 6g of ...�. ,.r_.._..,....._...� i , for the purpose of considering an appeal to the denial by the City Fl.snning Comsaissicn I of Conditional Exception 68-37 tea regulations of the Districting Ordinance, to permit the following; i) 1rront yard setbacks of IO; fees; with side entry garages ; 2) Lot sixes and width averaging 6000 square feet with 60 feat of frontage and vIt': minimum of 5000 square fret with 50 feet of frontage. Lcccot*d east of Bushard Street between Indianapolis and AClaynta Avenues . A legal description is on file in the Planning Departusa8t Office. All interested persons are invited ted to .attend said hearing and express their opinions for or againer. said M"l to Conditlonal Z=*ptiop. Further informetioo may be obtained from the Office of the City Clark. DATED: CITY OF HUNTINGTON BEACH By: Paul C . Janes City Clerk i � r y �• I 'r" i 4v r it �., —_-•,�----.-,� _�.. _�_�.�_ _..._._._ CJr I icy rs �t_L.:�_.._ . RECEIpt Dale -9241 _ • _____ .1. ---�- _. ._-____�_ :� nccot�rrr HOw• r ~ Y� N+ il ,1�r.^ 4 1 �w M WIMod HufoUntgrr Marab Haft '; •� I June LIS" NOT109 MOTICK OF MUG NIGRMi4 'y COMDrFPM.%I. E'iCK MON W? NAtic t IB HEREBY GIVEN that a p ONC hwiftl will be hold by the City Y PlAnplrrO Comerlsrabn of the City of �. Muntin/ton Biesch In the OriftN Chant•. bar of the Civic Cont►ar, Myntinstan softh, C#01'emis, at the ,lour of 7.00 P.M,, an TuecOelr, July 2, IWA, for 1!11e purpose of c4"iiitering a prt.flun for a Condltloral FAceptian to remulatlons of the WatMA- i M! ORviinamos. To permit too followings 1) Front yard smtAacita of 10 M with aide entry iafaflea; g) Lot sine and 3 width riverogIMS MM aa. M with f0 ft. of ftonti"and with m!nlmum trf '%M aq. ft. with 50 M of frhnt- age. Locatod stet;f Ouahard Meet, between Ividianspolis and Atlanta Av3nuss. A 64&1 d"v!Vtion Is on file In the Planning Iyep Ament dffici All interested persons ■rs ;nvitsd to attend said hfaring and eKprfts their oghtlons for or against the proposed Conditional Exception requested by Wilt! petition. Further IrOmmation mar be obtained from Me *ffi.d of the Sotrttary to the Mannine Commi.sion. QATLD this 21th day Of June, INC CITY PLANNING CUMMISMuN 15� A. REYNOLDS 9acretary 4 ,A 24ward Johmtsr+ Ub►ert ?&senorar Justin G01:Tar 2 i Beet Laos 2 l Mast Lane k0612 Beef Lane t`y ty Cit � Ronald Risser John Juliet Rosman Berlinger 20611 Its e t ape 11r"I s ' 2:*22 Reef Lan" pity w n Hurst Jos�r Rustiak Rab►sa~ttsllao R*e t 14Aa 2�,Raef OM � ci,�, c2�3 ��� Ida 7 Pat Ri.zsotto Anna Peluso James Jensen 2 1 Reef Lie to address 20642 Reef Lane . City W am Winkler Ranald Spen.rcr Robert Shacklerord 2064.1 Reef Lane CiV 9602 Saline Dr. IV City 5d Raet I. ► Javentino Garcia f3taalA to ;(; t7 Roof Laze 9792 daliz.a► Dr. 2C*6 of Gi ter J Kothwel l Robert t 4.904 !�a ear �*• ,:,TV OF LANNING (GOM MISSION 111SO asilaRt A1boitt . ld Rol f 71 feat Yma trO, 171 ? rsir 1400 Coy • r 1 R sok u T% William 19SOk of 20' �s 'fir v y il�T'•� '' YG ��1 � 4 •"r�M�v' /'`!M yMf'�4 .I nYvr.l i:. #• .1 Y chard 4T ones James Sanders ii. B. uai nn I1 . i. Di:;t Itee# LM4 20631 Tiller Cir 1102 17th Wit. ;;. city City city Attn : Dist; alli)t Gordon Znsign Alex Do La Rives N. B. Elem. Joh,jol- i)i st, ` �^3711 Tiller Cir 20621 Tiller Cir 7'ls7 1'lth St,. i tjr city City Attn : Di jt. u, Charlos Berk Robert Wilson 2U701 Tiller Cir 2061.1 Filler CIr II Li7 City Billy Lyucb L1ord Thompson 2 1 Tiller Cir 206b2 Till8r Cir C 4 City J Bender Albert Archer 20671 Ti l 1 �3r Cir )802 Silver. Strand p;'l city rbert Ragland Johu Kazec. 2 ty''61 Tiller Cir 9r��32 it � ver Strand Dr. Ci City ', j p Goodwir. Allen Jones 9782 Silyor Strand Dr .,' City A r Joseph Val,im '. .• ` r t3itz7 23 .lve r y► aad Dr Car , ' 4 r r 0,F Joseph Holtz K George Postev � t�► A.�e�y Cgli.� ')L3'72 La C;e :i t,a Cir ' 92701 city. Dorothy Poole ry � of•.tonic:a Takashi Iwamoto Philip Fullerton rtan .��,� ,gring t 9761 La Cresta Cir 9801 .gal i n e Dr Lon Anee l t-s , Calif Gi C1.t CI(Q14 William Yord Gerald Kumiltm ii Irvine Youndation 9751 La Cresta Cir 9791 Saline Dr 11, 11. Main at City Cit7 to Ana, Calif 92701 Albert Farnsworth Jamas Long .David Wicl-.ersham 1 r2 Newl)ort 9741 La Cresta Cir 9771 Saline Dr. ins Ga].:.1 92680 city City Beach Co. Joe Neumann Randolph Clank Wa er Dist g;42 La Cresta Cir ?7� �r�d St 1 Saline Dr Ana Beach, Calif City City 92651 est Gisler Barry Winchell Joseph Verdina 0 �' "a 9752 La C:rrs�ta Cir 9751 Saline Dr City City x-t Shane Robert Cowan La Cresta Cir 9741 Saline Dr. Nox . Stewart Robert Galbraith 9trasta Cir 0 La Cresta Cir 20571 Reef Lane y htlazak Pel lkofer Charles Cale 14 Crella Cir 0792 La Cresta Cir 20591 Rest Lane City City qV _ 1 1 4 J1 r fi- r• 1 • .i Ilse 1 ' 1 / 1 X 4,r H I X � 1• �/ A.No Galleuw6y 9 t c IAIIe+asM1� lore. "Wil)AIM WORK" ""IYO101 �r,�; �11r1iL�N�N�RMiY �PLAMiNI!~f� Fle rlt M.Gelioway R,CrE.Calif. 14063 Thomas H. Ssrkdull R.L.S. Calif. 2317 t�,N ' , 1 ^ July 1 i , 1 gee i•'+\ t„`+� ' +� File 0100-4600 f City of HuntAngton Bear 1 City Coin-icil Pant Cf ice Box 190 Huntington BeAch, Califbrnia Attention: Mr. Paol Janes, City Clerk Mr. Brander Castle, Acting city Administrator Re: Tentative Tract 6651 - Conditional Exception 68-37 Genticmert: On July 2 , 1968, the subject items were presented to the Planning COMMission 'fOr their action. Tentativea Tract 6681 was approved with several conditions, one of which required the widening of the right--ate-way on "K" Street to 5t •tL6. , rather than 50 ft. as shown. Conditional Exception 68-37 was continUed to the July 16, 1968, Meting of the Planning Comr,-)xssion. The developer of this property has been in negotiations for approxi- mately three years in order to solve the problems associated with development . One of the more serious problems was the oil facili- ties located thereor), Mt to mention dr\ininage, sewerage, ccordin- atton with they School District in conjum Lion with the school site: located within the tract, etc . During this period the planning and d"tgn was based upon existing develops-enter in the surrounding area, City policy regarding future developments, discussion with the City Staff, and compliance with the City ordinances. The re asom for bringing this to your attention are twofold: 1) 'rK" Street is a oul de sac approximately 450 ft. in length. 'rho City's ee r, policy fbr se\mra►l years and the City ordinance passed in the last flew months allows cut de sacs of this length to ha%,e a 50 f".. right-Pt way. 27 Coridttiaml Exception 8&-37 requested the permission to aver"* tots in a block and allow a 10 ft. setback fbr side-an garages. Owe qptn, the City's policy utatement fbr the past several years "s &hewed this condition, 604 North lSkwpon DO (Ord Newtrori 8fvd.) Newport 13aat1. Celifornra 92660 Tel: (714) 6424010& 646-3632 9uft 103 FWtw Bank Bldg, P.O. Boa xXW Prescott.Aritoos WoXI tel: (602) 445-4467 r. dOb 41� } 7, +n' L . Fit* 01 00-4600 City of Huntington Beac , Tentative Tract M51 - Conditional Exceptton Fie -37 July I I , 1968 Page Two A Short time ergo the Pla viing Commission asked your honorable body to gi%m them directton in acting on future regciests complying with the C:ity's policy regarding reduced .street widths, averaging tuts, It is our understanding that your reply was to approve requests of this nature and that such requests would continue to recetye appro%. ds for the interim period remaining until the sub- clivlaton ordinance way revised. I.n view of the lengthy discussion which developed at the last Planning Corr n�issior-i meeting r•eg,%r\diny the subject request, there seems to be a difference of opinion regarding the City's policy and the City C:ouncil's intent with respect to the City policy. Comments devel- oped regarding individual personal opinions, the legality of actions by the Planning Commission, hardships, etc. , which resulted in the action being continued until the next meeting . Delays of this nature are an extreme hardship on the developer. The three yeara, of negotiations, planning and design necc:ss-ry to gat the project tc-i this point cannot be rer�overed . Therefore, it is req.!bsted that you reaf, ' ^rn to the Planning Commission that requests of th►.i nature be approved and that such action take place at their meeting can July 16, 1968. Very truly yours, R. M. GALLOW'AY ASSOC. , INC. �2 R. M. Galloway, President RMGWKWdb cc: Mr. Clarence M�r-,nerly u., W. A. A. McCloskey w ` t f ' r r 'f:° �'11;�11KA1M�MAi ►M,AMMIIM/ l M.Ga1lk wav A,C E Cold 14093 M ba Rill A L 9 Calf 2317 JOY 10, i9w 14!,r A „> Me *100-4600 Ihi Homrable Mayor and City Council .: Katy Of HW*trrgi�an Bch r fiat CMCO Sax 190 Humttrvgftn Peach, Calitbrnta halo Con,"Horal Sxcepttan 68 -37 On behalf of ear client, Darby Land Company, the developers of 'rract 8651 in the City of Huntington cr,,, we respectfully submit this apr.oal r"arding the action taken by W* Planning Commission in connection with the subject condittan!Ll exceptic. . This application initially came before the City Planning Commission at their regular meeting on July 2, 1658, at Mitch time it was � "cnntinued" against the wishes of the developer to the next meeting, due to $ome misunderstanding an ttie part of some Commissioners as bo thre acttorl taken by they City Counc:t on May 20, 1 ABB, when the following was unantmously approved by th, Council: "On motion by ICeufl-nan , Council directed that the present # : policy be continued unt.l such time as the City +enacts a new „ Sulxllvtstary O ce. Mottom ca r%ried.►� '; M `�, '•.'',` WO embmittod a letter of appeal concerning the "non-action" of the r` ln A Commission on ,ruly 11 , 1968, and this appeal was formally l!ed to the Oxincil at the regular wasting of July 15, 1980. At Oft.tbft,Vo. 11ve 004=tlors present urwinirnously endorsed tha pro- T." ::' atitio.r► thow� arkt , wwwwwwwKW to Mr. Harlow that a tranacripl f"WAss bo gtyr-i thb Pl trrg CommisaWn at Vwir ray;:,r1e.r its IWSjp audio that dwy bo instrmted to oer'Mttnue to r4 1,h to of � e rvttfi poltcy statement, until such r WW OftWmnce to prepared and approved. 04 11" 40vd (Old 1'ikwpon 01W) Newpoo math, r;:al,fwnu 92fW Tel (714)042.3010 6 W-3662 r,,v o'lea,OwWWr No*8k10. P. , Sa ?2W Pracatt �r one MWI Tel. (W?)445-4487 , 4 1 `�l �f1r'h�`•, �i r '�� .,. _ ,a _. A'•, __,._.w. �\ i ' r • 'y File 0100--4G00 The Honor+eble Mayor and City tOuncil C4nc ttonal uee Permit 88-37 July i li, 1968 :., age Two The Planning Cornmiestvn was so advised by M. H:arlcyver at their rneettng of July 16, 19E8, and tfw subject use variance was again considered. Though it was approved by threre wtes to two (two Commissioners absent) it failed, due to lack of majority vote and was themfbr►e automatically continued until "+ho next Pla►rining Com- mission meeting. . We were advi. d that two C'ornr`rmissioners will again be absent at the next meeting , thereby causing a possible further ccx)tinuance betbre Council action . Purther, the developer is surfertng a severe hardship due tv the conttnuous delay, causing severe financial hard- ship on this multi-million dollar piece of property, together with extrame loss of time, which could be a wry major and serious problem if the delay prevents construciton and grading operations pricy to a change in weather conditions , We, therefdre, requested that the hearing be reopened and the variance application denied, such that the developer would avoid the possible delays by having the opportu,iity of appealing the case to the City Council at their next meeting. We respec*.fvll.y request the Council's Favorable corstderation can this item, since the variance requested is in contbrma ice with the policy statement which the Council has instmicc:t:ed bie Planning Commission to honor until st ch time as a new ordirvice is arproved, and the application was recommended for approval by the Staff. The project has already been delayed for over one month by the Planning Com- mission, thereby i rnposbV a severe i-ea,rdship on the developer . RespectfUlly submitted, 'r COAL AWAY & ASSOC. INC. f ".4e i R, M. Gall Presidemt RMG:db ► cc: Mr. Clarence Minnerly, Darby Land Company ....�.i'.M_.eYal.hi.� . ,i1.l ViS V' v.•dA.m� .. .' ,. .• ' „y i 54,;i,4' �+� (f'silWls►)ed Nunclnsbnn eseah N«we � NOTICII OF PUBLIC HIARINI Arr"I. ire CA &III N*TICE Is HEREsr GIVEN that a puul)C hearlds will be held by the City +••�, Council d the City of Huntingbn Such, �+ iI in tt,a Council ChiMber of this Chic Cm1w, "WAInaw beaoh, at the hour of 7,R` P.M. or As noun ther*Mtef as = ` � peselble, art Monday the ath day of +�- Aolust, 100, for thu pu►poea of con- "ring an sp(:/sl to the denih ny the City Planning C.ommlasivin of Cuneitlonat ` Fassption 66-37 to regulatlals o1 the bistr:ating Ordlhsnce, to p'•mlt the ftl- lowing: •. ' t) Fren! yard setbecks of 10 feat '4ith ride entry garages; 3) Lot 014ris and width averaging WOO ativa►e feet with W feet of frontage and with minimum of 50M square feet with 00 feet of frontage. Located nest of f)ushard Street be►woon InGisnapolls and Atlanta Avernuss. A lw,al dvw;ptlor, ix an file In the Planning 00pprtment Office. Ali interaethd parsons, are invited to atttnd said hearing end express their ` opinions fat or asainst sold appeal to Conditional Dcoptloc. Furtl%or Information may be obtalne•f from tha Office of the City Clerk. MATED: 71?3i68. CITY OF HUPiTINGION DFJACH by, MAUL C. JONES CI!y Clerk • V;Y v r �I Y CITY 4FCLIVED CITYO �' .�.. �aKriNctrrre Acrr,c�trKt Alr ol oof— oe eAJAAO� 97 � ..-.e,.-�.,..�.-� � .�...�..•.� �-�-��-- ter! e • 1" j�`i'�� � � ��'�, � r+�►� pry a i• I I Y.I f l • C�6 li' 'I le4 j-•'�1 •�1-�� lam'• �� �.'-�"` •' ,A61 { I i j} i i ���- /1 �( � �Jam• ////� J ��f/Ji I ��' �_ ��. ��r/ • � .{�--V�d.�C.c�_. �/�',�.rat��•. �+ J,�t,L1'x►r,� /•/ I a -e-oz.) oe c f r 7 d i 1• r � 45 nE July 5 , 1968 Council Members City Hall Nwtington Beach, California Centlemen: I was present at the meeting wherein action was taken on a petition by motorcycle ruk%Lmbors to locate a Cycle V "Motor- ark" on H-1 land in Hun -in ton Beach , California . I spoke in opposition of this pet tion. There will be a hearing on an appeal by this group on the evening of July 15 for the same purpcoe . I don' t believe I can attend this meeting. Therefore , this is your pemission to read this letter of opposition. I still feel very strongly that this would be detr.lmental to the future development of this particular are4, if it were to be rezoned as a motorcycle park. Hungington Beach is steadily growing each year, so It seems reasonable that there will be an M-1 usage need for this land in the not too distant future, .1 and induot-,-ly might be discouraged from applying for the right to build in this area , if it were already taken up as a motorcycle park. Also , at the last meeting, there was a statement made by the group' s spokesman to the effect that they had been given permi. sion to hold a two-day meet in Westlake Village within one-half a mile of the residential area . This is not so. If anyone wishes to call the Public Relations Department of Westlake Village and talk to Jean Lehneit, he or she will be told that this two-day meet wao held at least six (6) miles back deep In the hills There was, therefore, no dust nr noise to any residential area from this meet. I w=1d like to be advised of the uvtcome of this case . yours , RIA -GYM & if T Vista MaLlinj at al 315 So. Rose St . cc Los Angeles , Calif. 91505 ZI `4 r 16281 Bayshore Drive Huntington Seeach, Cal, . Xayor rf HuntlaStoa Beach Huntington (each City council Doar Sirs t l ? eve heard about tha proposed sr:hrao:l for motorcycling combined with the racetrack. I would like to add my support 1n favor of l t . There Is always z cod for more recreationa1 �aciltties for the boys of our community . My own son has been interested in, motorcycles . I sursly would not let him f have one until he learns to drive it - and where Qan he do that?l Cgrte.tnly ,I would hope before he goes out, on the highway • Right now I can think of no other placo . l have been a resident here for eight y oars , and I would hope to see our city stop forward with more emphasis on healthful reoreailon for the young people . Sincerely , Mary Owens n' R NI NV INN do •'K 1 Y ' kI M1 4 ' �. . A i \ , 1 � - 10 WIN .Fr..i+ —— —+ y��'�F.f+�Ii�MR�r.,�::G....�llr t.Yl�'r.�+���+��••�+r., ,� „! �� 1Alb -• �,.��. �, n,. 1���,^del. ,A , ��',��• U�+�. L'i� •'�*YT �.ay�,'�`,1• r' N�`•�$' � ',w y,�..�+'�,���'+ I iyl,.g 1,,(t�':�:. i a f 1 I '�' , .���+ y,', r � ��. +lY y"•� r' d � � + * �' � � � R, �rY�l _ � �� e� jl.v'f� ti '� •rj rl` '1 ,d - ' �' M�i.17 .�� Y,'� _ I 1�,' , r+ � f, hl. n f ' ���'Y .'� ��� �� r h �� �.. ��, ;M" r h• .� •,', PI, '' � ,�:y�,•.r-' ', '.�r1' � r�.� � \ , .y J'�r j', %���� •';+�'1,4,• '•�r•,'},; i ��il •.Y' 1 1 1 I i' ` r y r 'r>�jR'y��l� � I 111 , • , i� AA Wol ow oe you oe 61 r,r } r 4 P M . r '• j'.�1+ „ Ate. f Af 9 4 ram+ -Aim �4 ♦� r, K r Jute 26, 1968 OITA 00" DOW Comaoilmen s On the 1Cth of this nontli, I attended a session of the Plamairg Cooiseion of the City of Huntington Beach. As a oitisen and a resident ot RmUtgtom aeaoh, I wish to protest vhat appears to be the biased t and pre,udiced attitude of a majority of the Planning Comisslon. ;r Chairman Basil, cC the Plami.tag Camsission dressed what seened to be the mJority 'vier at the Ccmmt,eaion when he, after hearins all the aftmente in f avar *f the proposed a,ycle park, made remarks to the Went that +although a develMnent of this sort was a vtry good thing, hey (or Amntimgtom Beach - I waan't gaite aura) didn't vant it. His main objection a'as noise, he said, and he wasn't going to comider axVthing vhioh raig/ht shape ' hip oPin "U. "When, at least, vas the Impression which mart' of the people attending the eaoetirg rweived. i!UU am this subject I wish to extaral iL word at appreciation to W. Larkist or the Plannive Oammiesion for his f 4i inded Attitudes Be van at I least villimg to see it anything could be worked out. An you my or nor not knmv there is much motorcycle rid i e, on private propiarty in the area. I have checked personal:. to see what the noise problem is,, and I have Pound that the noise problem, is negligible. There vould be w duvet resultimg fres this activity.. as it would be jontrolled. Th,&re is a good fAI or dust agway, aM it would seem that the overall off eat Mould be to decrwase the dtot that, Aaw eziet$. ,� Y 11 ��;•��� '. KM ��, 'Ir ram' R ' T .YP4 ix'; .., � y,l ` rr r r' (' r e," sy'r, ' i+"r '�'' ''Us!h►AHr r r: ,,c '"ice•iA Ast the lid of gortwal Wo a►tiono the Divisim of Wtor rehLol4w Wicates tb4t, the auber of motorcycles in the state is inareasiN it Ao rate of 2M%. por rear. It would scow that motoroyoles are here to stays wA Me apllats at our o tyq to &' nothing of the surrowAind areas, seed a pxase where they mW leam to ride safely, arA to test their skills 'without t,r creating r trat'fio hour-do The American HDtanyole Aseaoiation has dots' a very areditable job in developoent of projoots efaiiar to this in other areas of southem California, and I feel stir that they Wig. do the name fine job in this vase. T Orgs istroaffq that the proposed xotorcWcle park be developed on the Wbort at,, "arty.. I reel that it will be a benefit to the City of Huntington Beach. • Sinoerely� . . ; KnW rt Huntington Besab Calife i J f 1 j Joy 1st, 1 COMS"M h CS%F C +►ell bw A• slips$ , 1 .q I feel ghat &rifle tko recent per 2witr of the use of Mwtoray*1 0 by so Gant pe"le* sspmo fall f youus "rsass t it is IMPWItAnt that traLfilag for the operation of these TehiOles be a jC1TM to all new oars ,%at as we do for automobiles. Sipe Y, 14 , OW seh"Is meother Or�iza�t ions s not vfferin� this train.. It IS laperatIve that privaeto vhools provide this importmat :4 l kg" AiscnAssod this problem with Ito Englwid and feel SerUla t?At his pia& to establish a eatoroyols training sehool 1� at this sa►tere, sontimpmt, on hle Waliflaatlons,, would be a definite &meat to goer (Itt =d Orans Coumtto C„ J* Bishop , T ham, llagnollo gi*h school } J r p �IA1 i' r ' .� MOWN- VA •I R"y Y�\ I • Ir 1�1' 1' C 0 W , I P- r � IIFT ihrad Fro ma OKI r,, g: µ•�1! ' 4 CAM �ywr r Aa. MID g r� la, t ti'r�vr 4p �t3 firmod a OV y•;a «�, Or op it-to J FF r 14. r�4MID��irrN< E'✓err 7; ..� ;c+ f ' • AD �♦ J r.. t ! Part Mam Cal. 9268.7 9' 'fib i` • � F, �' I�M'� r `•' July 250 1968 t. 0. WX 190 Runtine1an Beach, Cal. HOWX%blo Mayor, City Qcunoilt Aub jeot'i Qanditions in Conditional Exception 68-34 r Item 1. The "daylight bourn" 21=sreatsd by the City Co moll on anti 8a itional Exception 68-34 1•' ' s boon de rvl by thy► Fleming Department to be 10 AM, to 8 p,W. on Oundays e xr I would like to have the startl time cria�ngo11 and request that it begin at 9t:8 A*X, ate er�tndays. If it is necessary to obtain Counail' s approval at the 9 A m* • starting timo p I will be hap ► to close one hover sooner* please note that during the printer months wo will close at dunk, which -,' is such earlier than 8 P.Mo 1t ie nece8as 7 to , f ' begin by 9100 In order to allow ample time for accidents and to beep the track In good shape. JUm p. Recaune this in a pilot project and the attendance � cannot be determined, we request the Council' s approval for temporary sanitation facilities to ` be used in addition to the permanent son and women's restroom. I have disouseed this with the Staff of several departments,and they were unable to roach any decision. The two permament restrocme will be ample for the school; however, temporary fa.oilities could be varled according to events. TMart you. 3incerdYy, Donald England r �y r , II / y 1' e L%S w,r ' xamoth A, Reynolds , plannifts Dirsatac ftul Co jWwa y City Clerk M1. t Wit ions on cm 63-34 ¢'. Subject C aditicnal, xatptica we srauted b the City rhv Oft"Ll •tbtboir �� � y i lw, for t r' I-VO •ubj*qt to a�ppra I b tb i City Atlse'S �S ofliQe0 air;• per �r+e 2stiala�r►, a cr431 t .ear ieh r wed yV the atAff, la IRS any • dicartI.aas r ich >' bove twat bade asda. W. and ltrs Knaland have been in d is arcs s ing this au t tax and taker exceptIca to one condition atipu attod yasr do p�xturnt - that of the opomt ing boors of 10199 A.X. to Stro P.M. on gua&ys . They have re=t*d that they Apex ttod to beStu at 9 t b0 A.M. an Swnmy* and bave even att tsd that they world he willIng to close one hour " rllor if nrcassary. R' we discussed this scatter with the City Att y., W. Ufa� ter s�eta that I sond you a copy of their 16*t$r'i and i1 "Vot tO arscex to in frog► you tether tbit arrangawtat could be votb*d out with ywr departnent. W. Bmfs fools that it could be rtsolvod at the staft level wLtbout the setessi,ty of its bale$ returned to Coamil for further consideration b tbst body. It will be appreciated if you will cowWor Ufe =tter and endeavor to give we an anewr not later tbea aloft weday afternoon, in order that the England' s s lettor can be put on the aSenda, if it is fated necessary to do zoo tcb cat W. to A. Castle, Acting City Administrator w. Dan p. Scafav City utorney 4N,'1 ' r • y 46 ,e Conditional Exception 66-34 a :'. W a• Gordon Vista Marlin st al 3622 Floti.sta U 111an L. Warue r Las AUOLto• Calif. 315 S. Ro@O Stb ��� w 40720 Burbark, Calif. 9150 Ute 1 Lund dO`r,$ thoi WO Miller 29050 Snead Dr. ` 41Wrt Aim. 10131 Merrimac Dx., Suns City , Calif . 92380 city Lero Taylor Jahn B. Omhundre 1391� r E. Mettler Talbert Ave . N 1761 SumningdLale Rd. #501 City 43. S. Budlg Ave. 'S"I $esch, Calif. ` A e1 ► i.f�: "C44 90740 " A. E, Arnold st aY .j, f�eaaley r ' V'a► Realty An .�. rola at al 7391 Talbert Ave. t. 7 2al'�axbert A.ve City` ask AA A. Calif• City '.IIIAWO Margaret il. Gilbert et *I Thera F.. woodCock, Wae s tmin ,At ty a 5230 Joan C t . 4047 Lou$ Beach Blvd, San Diego, Calif. Long Beach, Calif. 90807 292115 Jo Scott "Ore Ks yi,chardsmet "Ernest. Hanthei Ot a1 Me�-y Manthe! ;-. rrltos Aveo aI Rt. 1 Box 92 7391 Talbert .Ave. + #, Calif Townsend Rd City 9O812 Petoskey, Mich. 49770 3 +ph . x ie tyrd at al St . Elmsfoird , New, York 10593 Ubirdie r. LaRare 2$13 S. Normandi.e Loa Angeles, Calf, 90007 August Rohlf s et e1 "44 30th St. Son Diego, Calif . 92104 jxfts T. Var7 bid N.L,, 1620 t4gl,es :un iI 1 ingtPn Bd r� '�: l loom mom*0 i .. r.� 3 I Hall* �tim 1 41 i.j 1 i s rq. c one ly iq ZingranS Gor4� F. �1 It . Fii1e11a Me Cone).76�4 Sterling Ave . 34. 9. A door* 7ID94 aA St 241 o Angmlex, Calif 9000C Sur Vsjleyr calif . 91352 Sari Berardino, Calif .9 Roddie i . Cole at al I�,tl.lde 7. �letr�alf Prentiss Brawn Jrd lal.t r �i. ohnsc�n Ca1� ite-ON bat 7391 Tslbsrt Ave. 3e %j"q Toss $649 S. .7tb St. City 1747 A1tft Ave. prey , C&IJ.f. 90241 11jd isrApo 1 i s 22, xt►d . "�:dt t . BordenEe*A!iri 0. Barton ' K � �- or Jo�s,a�n �� �rmnge� � � i�abert V. Barton s 2 SE Toim St� � ��al Linwood 5..9 '13th St. Santa Ana , Calif . 92701 '. rtl.en4s OTaLar& 97�206 city', /Arthur A. Dietz Jr. Loyina a. Criff its Abe Schneider 9149 S. twr. ington Ave- r H. Griffin P.O. Bay 46040 bovney, calif. 90240 0 tovu Ave. 7525 Willoughby Awe. 1k, Com— Ga 51 Leos Angelee , CAl.if» 90046 �' Mary L, Lewf.s er al Eathem F.. Br''nil.e 4,ngUS R. AleXgnder 8y32 E. Arcadia Ave. 5 S�pvlwf.da Rt, 3 San Cobrital , t`.a1 i f . 91775 edro,' Calif •go731 Batesville, Ark. 72501 rle's Preston , �irken l'. Weber Nletta E. Pierce 724. N. 3Zst St. 2 i. �1 1 II1Yt Avs. 1.742 P"k BLil.itngs , Mott. 59101 City 91773 Earl 0o rulwilder et al .John F. Stc roman i �� it A@ lacer et al 7391 Talbert Ave. 0'r Fati.l P�. �t� l j S. Eucat pp��tus Ave. city 2405 Ardee Ltn. ewpod, C 2f. So. San Fre:n-.2 sr-o, CtI 1 i f . 90301 porf s E. Ge 1p Marry G. Carew reneroi. Delivfr.,, r,,,land Ii. Powers 4422 Tomlinson Ave • P.o. Box 323 ArlingtOn, cA1if. 9250J Bier Pine, cp L i f . 935110 glue Jay, Calif . 9 2' 17 r. K�►thryin E. LOIVc.har Vi.sta Marlin et 41 llercrnn L., E:er�ned,, to l 7391 Talbevt Avis. Lillian L. warner 7 391 J'h lbert AW . City 31! S. Rose St . City B„�rbonk, Cal l f . (;tat* P. GoKalit No Adore s s �r f OEM + V.I �• F ' " I�I�� j!7'f I •" , Y F to c. �. r > ' Ate• . Olt!' �R ry'• i.• + .,. 1 . Ov AA olksol r ts TolbertA 95ACH + lour Avor c C) �i i�r s s , 0 NAIM # YEAR schoca Ave. f city► Iii.C.Z;ETT CERTMEp By p to Ralo tor AMSO08 calif. a f ~• S EEMML+.d . .) THE ACTION_ AP C I. 1 C( Council. Chatber, City Hall y ' y , Huntington Beach, California C. . called the regular meting of the City cadnell o k i City of Huntington Beach to order at 4: 30 o 'clock P,M. Counciluen Present: alulotta N6-QM2kARa�JWfWn_ i Counc tImsn Absent : irk* CB, 6g-34 .. MMIC MbNLNQ - ALM& - Elam - AP_PROW MOM Coen anted that this spas the da and hoar lot or & public he of on an s alb powld R. Ragland to the denf al by the P pppe Y o, ad-34 ao property located 'sortb Talbert Avenue , Cc�a�d f tt loos 1 a �io4 g levard. oppyrozisietely logo feet Est Beach The Clexk issforwd tbo 'Coaucil that all legal rsgairemsnts for notif lent ioct, ' Publication Sind posting on said public h"W1 to regulations of the Dis trio t ink a ce to rmit a motorcycle park for Ot3ucting sportsmen scramblos, SMfet school and spore ridi*S, is the M1 Li ht Industrial District, and that in addition ion to the letter of appeal, litters bal been received. fras Jirwy R- P'eatar, Santa A> , `California Mar Oman$ lfts . J. w4 areaves, and Ctrs . J. P. gnaw of on Beach Califosnfa, in kovor of the Conditional, game tion a a letter ' r�i t Los Ari alas Califs ia, opposing said Conditional � frays tJe Vista Morlin, 8 , 1�aeptioa. At this time staff reporter were presented for Council's informstion. The Plannial; Director gave a report and distributed maps to Council. be The Caftail iagoired of the City Attorney whether a hardship told it wati�t�tba aPpl t is ust order ,toga at ,a Cosrdi.tionsl Exception nd .was dis�at�s ioa► aE the ci l to deterrr ine ther a basdebip existed . V&rW- Com declared the b eariUS open rOsOnting Ws. 'e -8look, 67C terey Pars mod, M�ont�r>xey' Park Califtheia ,eraratioas tb* alrplicamt, addre*sad Cowncil and gave a deseri�t Ion of 1 �ce Lion is � , ,ch sld be Made in building the track if the Conditions p � approved . Eaverend Harold Paterson, Minister of the Grace Bible Cbur'ch, wdiix 1°'eissdahis E tta D=ry Farra, Bwwne Park, California , addressed Council an pr fit greatly if the Conditiamal opinion Oat the people of our area would bo�te ' wept lon was a pptrave . Mr. Bob Johnson, of the junior Chamber of Comazce , addressed Cowc it and spoke in favor of the regwstefd Conditional zxceptiono � y #t Vilk on of the Antembile Club of 8out1ers Califersis addressed Q A started that ebo ' mtoreyale safety trainin whieb vald be provided b the p" " "ack-, Meu1d to of great benefit to aww"t v e Mr. Wks Capalita o 7VA Washington Avenue, addressed ComeLl MW discussed theroasms for C+sunail giving approval to the requested Conditional Exception. Tbetrs brr -no a w fwthe r to spear on the natter, and tbere being no furtber Protests. KW. either oral or written, the tearing was closed by the mayor e Qg wtion n, Council overruled the decision of the Planning Coaadosion .f uppr b Win, - 1 8'weptiosr No. 68-34 for three years, an appprava 1 by the Ut=Atta' mys offiso• sugeet to police replations =4 conditions which !.my ba by the • stelf, including any street dedications not presently "Ade . "Ion carried tiryr Om motions by Ran the regular meeting of the City Council of the City of Suhtinoton Beach adjourned. Motion carried . City Clerk and ex-offio, io Clerk of the City Council of the City of Huntington Beach, California ATTEST: Mayor City Clerk STATE OF CALIFORNIA ) County 01.' Orange ) sa City of Huntington Beach ) t , PAUL C. JON= , the , duly elected, qualified and acting City Clerk n of the City of Huntington Beach, California , do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular ease t i:ng held on the , ".day of , 19L, WITNESS my hard and seal of the saiT City of Huntington , Beach this the di of LM City Clerk and ex-officio Clerk of the City Council of the City of. Huntington Beach, California BY : .ter..�..r......._.�..� Deputy I 1 , �4 Ii ow Y t t ATIOR ! 48ON I N[V AT LAW 0,S 8700 MAMfpt\ IIbUI[VARt7•dUITC 'lOg .� HARBOR BOULEVARD AT ADANA AVCNU[ ��dpp C06TA MESA. CALIFORNIA 9262$ '+ T-LLPHOM[ 548-4004 '1 NOW ' r :N *AV goo as dAmmdL L2 r u� r , i lsttw an T i�l �s �� fro"vgl':, 71 AL 40 iL �ew00 inA@ 44 USIA" �1 dFus i k r, t' •t1 � F• � 1: ' 1 ' + ►' AM do , AFA fit. -noi ► i men r rits" oft Ali' ► vLok T- I T I Ike , ;:a" m emit &0 'Elk tt La , 944�481 Ll % ` n ter owd do th Ott wiu be raw ITIST ftd � t i rr\ri[,1 n• '� ti r i . ,ir.1., ' 'a♦ ' , '�' _._. �. ', /'ter'' 1 �r yy T,1 I r I 1P" , •' - ,is- 4 � ' cive '1" " r * with the abs ot 1►4ijaet p 4V� �� tr amA live an Ao magi side of Rood ow We propowid p"�t a we , e a►" err paid far u also .to 'NIS MIA. at our NM' mw ft a, i vm t►ti �r�.!& Iiv MS bootie ' A►I • 4' St #t pied t tNO2 this 0i t so WIW MA wear #ay. the i" rowe v to aw ntrt of ad 40 thi a .a m open app mah aA WO OO t in 'West- Ger. The Gauneil"m thom a"* too .Tuehh, / Utoreat im their olt'y to ullcwa Very tral)r you'vS ` k="%i Road 116wh /P7 i 'A All F ACIYC•,p CITY C! !; CIT r or x a ';, MtJMtfNC t(;N i3:�,Ck 1:A41R■ July 30, 1968 8 The Honorable Mayor and Air City Council of Runtington Beach 4 Post Office Box 190 Huntington. Beach California 8 Re : CI-68-34 ; d Gentlemen: ZoA undersigned respectfully petition you that you grant us an 8 opportunity to be heard concerning the Sr�ting of a conditional exemption to Donald England on July 1� 1'66 to cons�trw' t and <, g oopp�erte a motorcycle track and trair�ing� school, which the under- � r a gned dial not have any notice of. All the undersigned are 10 residents of the area in the City of Runtin6ton Beach and op ose xt Cho granting of the said conditional exception to Donald England � 13. after the denial of game by the Planning Department for the J { , following reasons : 12 1 . The undersigned live in the immediate vicinity of 13 the proposed motorcycle track and maintain that so= will create noissse dust, dirt and a considerable safety hazard to rosident■ 14 and c ildren living in the area. 3.8 2. The proposed motorcycle track will constitute a nuisance to the residents of the area and create danSerous condi- 16 tions . Further its development is not consistent with this welfare of the 6ity of Huntington Beach. 17 :18 LIAR$ AD lid 20 21vwuo 22 � _r•�r �■■_■rtrrr�ira.ti■■Y■■ � 23 �l1 24 4/Ilr■rr�r■r_N.r.■r w��■��ra_�■ �rr■■■��o , ■ d4'4A23_j 5 w25 "/re.4u .rS 27 Iry / �, AP 98 •d F 2 27 _...■,�.._...._..■,,2 30 31 F4 32 ( r � �, [ y r • ii., ,`�4 ! W A•', Y 7�iflw W yy*r�.i ja' .-tQl k N 1 ' vr,,�l J..AI�'.7 '..'.1•i. I, 4 FAR FAR, ��-s•. f "-. r WOO WAI,,,:_� ' � � f t �w AN ►• „r I 'ti ♦ • _ • i .' ,� r� � 77 777- T' / R I TV r 'ft� � A r1 +' / f•' • y -00 J 4 1 fir) r � ./ G VA y • � 11 r✓ gr g / 1 f � y All IRV elm -1� J�rtri • ✓/� �'.! f � f ♦ .� A r �r M t�4 : r � � f • r �W r �, ,rr • I IF i r r / � w ,r 1 AA .y 1 RrC IVE0 Pry rI.FfiK �� � r 4C l!+ I H' � � HUHtiN,,I 1,N G:ACN,CALIF. r 3 brad* a iftCeinston OW IJ4 i',tir rtyi1 f 1 Co�iX of gulch d Feet Offiaa box 190 Xmtiastea Somho Califo rnia d 7 SO VOWNsi i raspaatfully petition you that you great us as =rtoaity to be b►ou�rd aaaatnia ter *cants of a *aadttioaal ' tioa to Oaa�ald Maland an .� y 13 f 1pd8 to eoastruse and 9 to a matexeye le crack *ad t�rai.raing or school which the der- s� did not havewa notice of. 1�11 the uaAersf are 10 taoidaats rea in the City of Katin�,can as t`" grant oft said car�dltioaal exaep tion to Dam► ,dd d 11 after t d sal of cam by the Flolai.n�g Aepartmmt for the /yam following reasons : 12 A le The undersigned live in the Lmwdiato vicinity of f 13 the proposed motorcycle track and maintain tbAt saw vill create E noise dusty dirt and a considerable safety hazard to residents 14 MuW cfii,ldma living in the area. 15 x. The pro coed motoveyale track ef1.11 constitute a auisswe to the residents of tM area and create erns condi- r 16 f tions. Fo rth�rr its dove 1aapp"�na c is not c ons t.tin t � th the welfare of the 6ity of Suatirston Bch. 17 18 11 20 21 G/W AW . 23 24 - A*rsd i 26 Z 4sue - 27 219 29 30 A4 31 I ,32 M _ !1 �•i� It i J > ALL /���.• • • � I Oft 10 Y v 14 Flo WAN Wo 17 _20 19 J AmTrmM � Ma, .�.� 22 231 24 Nal _ Pl r' 27 ' - `+.. ter► 26 , 29 4. /tir /M rJj.w.' ♦ I 301 32 i ' 3 I WNi A C, •� r,5qW--k4 W` WA MIFAMN—MArl Imow f4l,?j ! ?�/ I14 �• i MAP Jill M- ti • r , ' ` 'iR T•wr"X �w y Lti0�l. S' In N� ;Cs'�"'1l �� r .r �. r 'Y� •j' r r,• 'Q.�M` 1 .A 4✓' ,fM "'S ?.. c " 7 lam �. ��.w4� �/i� r�ww' Y� , t , YM ,� ,{"'f'•1 ��r .;,r r�•, ry�.�' h 1`? r}• 1F • rl +'r h < i1 4 " r(-�''''�",r �(• ,r!. r � . f� 1 �! 4 V Aa I 7c F P IT °r w7 t YI `•7. 'rwl�y', r 'i+''r i,. � " yi ,�(';••r {� °� rt�•^� 1T�• 'frJIA.I' py r � rl ,��y4y' • y'� i . 1 r r'1 � r pa ,�' / rJ, ti,7( do •°, Vr ,Y I•, r •,}N r +�. `,,,y )I �" y■. . .y a! h ,lr1'' ,•NMI h.i �Y.y, '..•,1q.,..1 "",F = , LAW OFFICBS OF d JULIUS AARONS aigo HARBOR BOULEVARD, SUItR 302 COSTA MESA. CALIFORNIA 02626 r ) F 11. FAQ ti ' 26 1903 r e roftoraible W or and City go it of Huntington Beach Post Office nos 190 afta"tan B eh, California atl 4a z CS-6$-34; Our File #925 I an writing this letter on behalf of my client, Dr,, Morris Vier the owner of ooeanaire Apartments located at 7821 Wbert, H=t1ftton Daaoho This is in reference to the above conditional exception mmotod, by the My Council at its seeting on July 15th, I94 to Donald frgland. Nei,tbw Dr, Fier nor the mar of that s&L4 apartsr is received notice, of t a*l decided b� you an Jul 15 1��$. I nnders&md�tt this V" daa to fte fact t he property is bay 300 feet ftss the rite of tbs pt�o aged motorcycle trac • * 40 writing this letter to request a rehearing of said appeal. Over reasons for requesting a rehearing are as follows: Is We belierre that that itiag of the conditional am e tion Ls not in the boot Cterests of the development of CL of Hunts-0tan heech nor consistent with the rr t abararcter of tha nee ,ghbarhaod. 2a The 0csa wfte Apartments contain 64 oasts which are ranted to fa adUas towing ddldra», Tbare are other Mt units in the mea, similarly having fml lies . e ChLiften living tote. The proposed motorcycle , track ' and toning sawal will create noise, dulst$ dirt and safety hasa wds to the fmf lies living in the area and the many children w1w utilize Talbert and Beach Boulevards ., The fevesam cctwtMutes a *haws to the residents of the saws• Drs, Fier Us alre"y received nomer complaints md indications from the► tomato in Mile 64 units that they 71' ,��1�, Y 1 Ito ILI 29 WAS y / �1 F � , Y p•, N ' '„r « ;' iR"!T�'�p ,r . r M''a�� '� .+•dAy,,n'4, '�J'^ , r •YI+ + 1" ,.. '+';•k1.,g,1,�,,.,, '+ . S," '" 44AA ti. ATTORNEY AT LAW �!A City COUMILI-HoBe '{ Pee 7 Pit •fir • ri will nave tram the pra less when and if the tsotorcycle track to installed at the prt�pasad location, This will result is ox. Fierf inahilit to continua owner' hip af the 64 units and impair his ability to make the payments thereon. The watts represent an investment of over one- half million dollars and their loos would creates a great 1 bardship, for tr. Fier. -° Tbas above aims are Apparently ntly consistent with the recomo mandation of, the PL=xtlq Corm fission that the conditioml aweption. ought to have been denied* view of the forego it is respectfully requested that 1n yr �g p ; the City Council grant Dr. Morris Fier s request for a rebaarLng of the a ea l in GFC-68-34 so that he and the sumarrous other residents in the area that will be most immiediately -40facted by the proposed use be granted an opportunity to be heard concerning this appeal., Ve t 1y AFFurs, q A orney for fr. Morris Fier and oceanair* Apartments a� 1�U r n'y Il' 'r 1 `*'•jyr',•'t': v >; vim., •�..n ,�' ""�"r-,'`'' ';! ;,_-ter 'Z',., .i, ,• I'' i��`. >', �y' 1,'�• v - {. p,., y -, „', A, o ,' •� , ari ./ .3k by I' J111 - , 1. '! y��y.ir, ;,�,�r J�r� �`Ilr yR ` :� .` 1 i'',, µ� zl' li `•r '',1 ,Y .h , • LM'� .F �'i .I \, ,' X ,3yS� i•' /r M K',w i d iKl rf, .i1 '•1', : I• .4. ' � • •! p", l �' I •°• M - `` i r b 'ti `' r" ' i. w / Y :r. '•'b,j`' �' � • \y ,V �, iy r , :� ..�' , :.mow• LAw or<FIcas cr JULIUS AARQNS 2790 HAR@GR 60llLRVA01Q. =UITR 202 COSTA M99AR cAU*QRN1A 02096 �wr •': ,' ��Li1NiQN* MINA 0009 rA-41 i40•Wo& July 26 1968 Thr1 Mnorable Mayor and City Co it of Huntington Beach Poi t Office Box 190 Hwtington Nwah, California Res CS-68-o%; Our File #925 o Gentlemen: I am writing this letter on behalf of my client, Dr. Morris Mier, the wner of Oceanaire Apartments located at 7821 Talbert,, Huntington Beach* ' This is its reference to the above conditional exception panted by the Cit Council. at its meeting can July 15th, to Donald gland. Neither Br. Fier nor the Managar of the sold apartments received notice, of the ap, ea1 daai&A by you on Jul�t15 1968. I unc'ars tared that this was dua to the fact that hs property is beyond 300 feet f om the site of the proposed motorcycle track* I am writing this letter to request a rehaaring of said appeal« Our reasons for requesting a rehearing are as followas 1. We believe that the g' ranting of the conditional exception is not In the bast Interests of the development of tba City of Huntington Belch nor consistent with the residential character of the neighborhood, i 2e Thu, Oceanaire Apartments contain 64 units which are rented ,to families hiving children. There are other , . aIth artment: units in the arse,, simil -��y haviag families • children. living there. The proposed motorcycle track and training school Will create noisa, dust, dirt and safoty basards to the families living in the area and the many children who utilize Talbert and Beach Boulevards. The foragoing const:itutest a nuisance to the residents of the area. Dr. Fier has already received numerous complaints and indications from the tempts in the 64 units that they � , x `�Diu , ' y,. • ,,, x' w• � f F . ' �I�'" ' rr4• it Fy+ Adomw � . -� •�fr1�14M�1t rt I�A1M ( City Co snail-N.R. Y5Y. a i 7,/26/68 Fage 2 will stave from the promises when and if the motorcycle track is installed at the proposed location. This will resvil. in Dr. Pier s inability to continue ownership of the 64, unite and impair his ability to make the payments :Y thereon. The units rev-resent an investment of over one- y. ' half million dollars aiJ their loss vould curate a great har3ship for ft. pier. The abotre views are apparently consistent with the recomm mandation of the PlanninS Commission that the conditional exception aught to have been denied. In vim of the foregoing it is res Rer's ctfully requested that the City Council grant Dr. Morris request for a► rehearing of the appppeal in CR-88-34 so that he and the ,3 numarous other res gents in the area that will be most '( Immediately affected by the pro osed use be granted an , opportvhity, to be heard conca;ntng this appeal. Var t ly s� J US AA►RaN$ A amay for Dr' Na ris Fier and oceanaire dpdrtmente n j t •k 1 d i • .0 r r M1 , r) ;1! •r /tiff' f 1 5' j 01 • .. � h , -,"M 1 a d1 s ap for Cc do gx ption 68-33 vision o Land 1 68-2 he Qow4o on duly 1 968, the �� �t� b #ids t •-- ,�"'` ,;',,. r4'' 1., Nowlasd Street, Alloys* Lots At L, g and the of of a shawl bb dtidioatod and fn11y improwed to City Standards at the ; tine of development. Improvements shall innalude street trees , F street sighs, street lights and fire hydrmtu f d 2, hater supply shall be through the City of Huntington 8eaoh's x *ater system* 3. lg*wa#o disp dial shall be through the City of huntington Doaoh,l s sere system, �. fto water, sewer, and fire hydrant system shall be approved A' 1 by the Lopsrtment of Pu►blio forks and Pi.re Dopartment. _. 3. the property shall participate In the lco cal drainMe assessment • Q��It��.Ct. 6 . Preliminary atd ' fJua3 soil reports shall be submitted by an approved private soils engineer to the City prior to issuance fit' of building, permitwo �'. All htilltiee shall be installed undergrovmd. g. Piro . ftlam system oaaduit and appartenaxees shall be installed by the developer at 1.6eati.ons and to specifications provided by the lire Department. ' 99 A masonry wall shall be construoted along lowland Street to Lepextment of Public fork# dpecifi actions . The height of said w 11 shall be such, that the top will be six (d) feet above the highe3t ground surface within twenti (20) feet of the common property line. e� � r � i r 10. There shall be no fence , structure, or lanecaping constructed or maintained over 31r' feet high within a 10 ft . x 10 ft. triangular area at the :intersection of driveways and streets or within a 25 ft x 25 ft triangular rrea at the intersection of streets. 11. ill applicable City Ordinances shall be complied with. 12. A Parcel Map shall be filed with the City anal recorded . 3.3. Vehicular access rights to Newland Street shall be dedicated. to the City 14. Alleys may exit on Newland Street . 15 . Present $-2 zone shall remain in effect until the future use of the property is determined then a petition to P Y rezone to conform to the use shall be filed. 16 . The Division of land shall not be effective until an agreement is signed and recorded agreeing to the conditions listed above. F z ai n R2 . 1 a map zontn is Casa a on I i i t Y CITY OF RUNUNGTON BEACH ENGINEERING DEPAIUMENT + �� t lIuntington Atuh, California June 3, 1968 Honorable !Mayor and City Council City of Huntington Beach Attentions Mr. Doyle Miller F Subjects Tract 876 tent l amrtn t Mr. Don Aires to proposing to develop blocks "B" and "Cr of the subject tract located ou the west side of Newland Street:, South of Atlanta d.Ysnus. He has requested that the City accept puuli.c alleys along the rear nf the lots as shown on the arttacraed plot. His reasons for hawing alleys area 1. To provide a batter development plan. 2. To improve the street appearance by fronting the garages to the alley. 3. The allays would be more aui6able for the necessary utilities. 111s; request has been reviewed by the Public Works Department and we love concluded that the request is is order. It is irecom- ssandad that your Honorable Early authorize the City to accept the alley dadicaition upon the completion of all improvewnts to City S tarndard. Very truly yours, a R, Wheeler tractor old Public Works Attach. .. I►y y ) moon Y. & iAssoolafte live. CIVIL KNOININAS &PLANNERS ►.AND AND MINIMAL OUnVIEYORS Robert H,Galloway H.C.E. Calif. 1063 ! Thomas H. SaMull R.L.C. Calif. 2317 June 28, 1968 File 03012-0303 The City Council City of Huntington Beach f Posit Office Box 190 E Huntington Beach, California k Atteii,tiont Mr. Paul Jones,, City Clerk Mr. Brandon Castle, Acting City Administrator r M Re: Conditional Exception No. 68-33 Division of Land Appeal No. 68-24 r Gentlemen: The City Planning Commission at their meeting of June 18, 1968! approved Conditional Exception 66-33 and Division of Lard 86-24 with two conditions as follows: 1 . A zone change application W R--1 shall be filed with the City prior to tsauance of building permits. 2. The proposed alleys shall "T" between lots 1 1 , 12, 26, atnd ;27 in both blocks S and C. The reap shatt be redrawn to front ' seven lots on Newland and the corner lets shill be 40 ft. wide (within each block). � The original request was to allow at lot line adjustment on lots 10 thru 13 and 28 thru 30 in blocks B and C in Traot 876 from the existing oarrditton ex Shown on Exhibit A attached, to the proposed condition shown on Exhibit 8 attached. The reason fbr this request is that this trot was recorder! a►ppruxtmately 40 years ago with 40 ft, wide lots. Por, the adoption of the City's Master- Plan of Arterial Highways in 1963, and subsequent reyAs4ons, Newland Street must be widened 10 ft at on " w"terly side, which will reduce the easterly tier of lots In 'Tro&, 870 to 30 ft. in width. This, plus other City riqutramernts, t.a. , sidegard a4 t rocks, etc. , would metre development of said tier of IoU at least extremely impractical and pro5ittily impossible. 0"N" Nowpol! Ovd. (Old Newport Blvd.) Now"n Basch, Csliforto OM Tel. (714) 642.3010 i W-3662 Soft 11110 OWOW Mark 41dg. P.O. flax 2M Prmott, Arizona 86301 Tel: (602)41&4467 i T ' Y Fes. r a! I 1 I It Y . .rune 28 1968 The City Council Conditional Exception No. 68-33 Di vision of Land Appeal No . 68-•24 File #302-0303 Page Two I Our reasons for appealing the conditions --re as follows; Condition No. 1 a. All property South of Atlanta Avenue, East of the Huntington Beach Channel and West of Newland Si:reet in the area of Tract 876 is presently zoned R-2, R.-3s or Manufacturing, except a i 180 ft. strip of R•-A along the North side of the 1%.4anufacturtng zone. b. This property was rezoned from R-A to R-2 by the City Council on June 3, 1968; as recommended by the Planning Cornmisston. c: . The property could be developed as is and as R-2. It doesn't seem that the lot line adjustment requested would necessitate at zone change to R-1 , nor would it seem desirable to have the lots in question zoned R-1 and have the remaining Iota- in -tract 876 remain R-2. Cc ndttion No. 2 a . At prtsert there are ,no alleys, however, a requast has been made to the Public Worlti!s Department that the City accept alleys along the rear let lines in blocks B and C in Tract 876. We understand that the Public Works Department has recommended to your hon- orable body that the City accept such alleys at such time that they are constructed to City standards. b. The fact that a residential lot is adjacent to arterial highway reduces its salability. Since alleys do not extst and the City has not agreed to accept alleys, it dues not appear that a lot lire adjustment would warrant a condition pertatning to alleys. However,, it is hoped that you -mould act fa�oortbly towe►rd accepting the alleys r_ffered, At present there are four tots less s ah ble due to choir, baing adjacent to Newland. However, they will have the betwfit of a 8 ft. block watt separating them from traffic. To revise ;at* as c onr!ltioned would increase the number of lots adla►cent to Nowland fr-om 4 to 14. Li addttton, the 14 lots would not have the benefit j of a< block wall separation. � a I / I I' T. 1. June 28, 1958 The City Council Condittonal Exception No. 68-33 Division of Land Appeal No. 68-24 File #302 -ri303 ' Page `I'h► ee With tits in mind it is hoped that your honorable body would valve. the conditions of approval of Conditton Exception 68-33 and Division, of Land 1t8-24 and than the lot lime adjustment be approved as re- quested. Yours very trul;.,, R. M. GALLOWAY & ASSOC. . INC. President RMG:JKM/db i Affi avif if Publication State of Callfoinla County of omp'l } a C'Ity of Huntington Beach ff J. S. Farquhar, bruit; duly aworn on oath, says: 71iIzt he is a 6117en of the United Statts, Over the age of twenty-one years. That he la the printer and publisher of the Huntington Tk-arh News, a weekly nemipaier of general circulation printed and pub- SPubli:hod HantlW" 9@mh Neese lished In Huntington Beach, California and Circulated In the said uhM f, t LCiA IIa1�0ii Crmnty of Orange and elsewhere and published for the dissen:inatior. Aikike i of loses: and other news of a general character, and has a bona fide CONDITIONAL 11120 ON Me, a-» subscription list of paying subscribers, and said paper has been tboTog in iitill be nit, tie a public Marina wI1) n hilds�-tie city of rstablWted, printed and published In the State of California, and p�„r,; tmi C County (4 Orange, for at WeAt oi:e year next before the publication Hunitaatch Beech In ems, CdM" charti• Of the first insertion of this notice; snd the said newspeper Is not bar .,Of .tn* civic tw,. h Aston Be#h, ce"W"is, q the t hoar of 7:c9 devoted to the Intermt of, or published for the er.tertainment of tiny r.M,1 on Ow% K hoses for tare Imp" partir lar class, profemlon, trade, calling, t' r* c r denomination, or of arNtsioerirl{ s potltlpl Fsr., a Con- any number thereof. cJlt i b MuNWwo nl thi '271e Huntington Reach Newt was adjudicated a legal newspa;.vr ��� 11hit of smoral cirr•ulation by Judge C. It Sewel In the Superior Court " an of Orange Cavity, 00ornis August 97th, 1937 by order No. A-5931 � J e �11,� cm or Pt1NLIC HURING its Two -•raw fwao. . w.►ri6c. 'i�aat fakes =1 0mAl LFXgp" NO. 68-33 _ rb'. - of whleh ties arnowd b a prl�tlted m:opy, seas published in said news- nlrw bepatntect h AN• IIMer�d .eae �1d ,; ao ing Jl M the 6t in Asy of June ea 1a-UR,. and ending on des 6 h u>Ars 6._day of .._ .a W O% .w fir ;tq botA days incbwrve, and as otter► dtulna raid period and L—ft rd publimtkm as Bald pqer was ireWarly Issued, and in the reStd4w airs attire Issue rt said tirrvrpaper proper, and not in a suppletnf~sit, grad said notke was pubHOW themn ou the folkwifig data, to-wit: � bllsbter VONmAW and mvem to before t rkv of =.4 0' LOW _NoRary VUbUe Omii*�*Sri, Cslttonriila TWWA S 0. WYLLIE MOM OFFNN IN w QialIJiE t?QIm Arty 'tirli+Mi111M1ara expire: _Sepl. 12r 19'P 1, f� I RECEIPT Date—s&c-0. 19. 9215 Roxceived FromZoAf . Addrio-s-e 1 ..-Dollars r - dollars $ � For �.�. ..... • � � uz Y r i ACCOUNT ;CASOMI NOW PAID AfACC�T hMY. M►p CK r µNCIE ad._._ o,_ R I g 4 4� d � •A u I A " 7 .44'' Q 4 &%Ok V A. M.sun*%% .� �1� �sala� s� rnrc. CIVIL INGING9148 i PLANNKf-5 LAND AND MINERAL SU AVEYaRB r04 North Newport Blvd.(Old Newport Blvd.) Newport Beach, California 020W ` Tel: (T 14)642.3011 &540-3062 John K. Mandrelt R .C.E. Califon-rite 13,703 'Y t • h, �1 1 � .1 �4 1 11 1 f . . dW-- 10% I �1 �t�S t r J a. M. Gallo, aY & Associates Inca CIVIL.ENGINEERS A PL41SINERS LAND AND MINERAL ©URVEYOFIS Robert M. Galloway R.C.E. Calif. 14063 Thomas H. Barkdull R.L.S. Calif. 2,117 May 24, 1966 I 'File 41336-0101 Cityof Huntington beach , Publtc Works Department Post Office Box 190 �" r Huntbigton Beach, California Attentton; W. Fiartge n 4e: Tract 876--Alleys c, Gentlemen: Pursuant to our recent discussion we submit herewith our formal i request on behalf of the developer to c:onstrtict alleys in r,onnectton wtth the development of blocks "B" and "C" of Tract 676. � The alleys wtll be located along the rear, lot ltnes connecting lot "A." and Newland and whtle it woutJ be our preference to have &,e allays connect to Newland ftr better, traMe circulation and •acre protection, if it is deemed necessary by the c!ty they can be terminated at ttis east emd with hammerho4ads. It is Intended to construct the alleys t►-. the City standards and dedicate there to the City and we respectfully request y^ur, approval of the enclosed sketch,, such that the necessary lega'L descriptiors may be prepared. 'Very truly yours, R. ALl_ AY & ASSOC. , INC. R. M. Galloway, b, t. #ems tdent 1, RAea r kq cc: Mr. Dan Ayras lW NoA Nawpart Blv (Old Newpo B )Newport Beech, Califomir WWI) Tel: (714)642 M a 546-3052 Sore 103 plow Bank Bldg. PA Box M Pmcott.Artzo►:s W301 Tel: (602) 4154467 N .v' 1. x: �..�, �, :e�... �1 �I! .' _ i _�, -1.. 1 J..+„ •:O.l�.... �W�{J I'14, _.ems •.�.{ �•� ...... ..1. • r 1 w 1 • • 1 r r . 40 / / 7 Huntington Beach Planning Commission ' +r � ►e ��� P.O. Box tsa CALIFORNIA 82648 IT1 �� May 60 1968 LETTER OF TRANSMITTA .i .... .w -. w —■ —11 w■ a.. .� ..� ..+ .� 1■r ww wl � w N rW TO: HON0RABLE MAYOR AND CITY COUNCIL APPROVED BY CITY COUNCIL FROM: Planting Commission SUBJECT: Conditional Exception No. 68-17 AM -_-..� iy........ ATfi0710N: Doyle Miller, C4ty. Administrator Paul Jones, City Clerk ......-_._....... ..... .................. .............. �. CITY CLEVK Gentlemen: Transmitted herewith is r!-,e Planning Commission recommenda- tion for approval of Conditional Exception No . 66-17: &Blirgrnt: Calah Construction Corp. 4501 Birch Street j Newport Beach, Californl a Location: 368 . 59 feet south of Hamilton Aven•-te and 475 . 25 feet east of Hlsshard Street in the R-2 Two Family Residence District. CE Request : To permit the following: 1) Standard streets as approved by the Depart- rzent of Public Works, 8/3/65 and of the width shown on T.T. #6331 ; 2) Minirnura front yards of 10 feet and miniunun setback of 22 ft. for garages entered directly frog the street . Reasons given the applies: The above requested variances have been permitted to other developmnts in the area without detrimental effects . lrlanniga Comission Action: ..-� .nwnww �uurarr.�..*.*r�..�■■,W.■ WW.1��.■� Approved and :recommended for approval by the City Council upon Lhe following condition: C IE (.0ifsp • �Y 1 Y A11 rovisions of Code Amendment No. 68-2 kStreet Widt s) shall be complied with. ROLL C&LL VOTE: AYES: Miller, Haul, Worthyt Larkin, Tom, Lane, Royer NOES: None ABSENT: None espectfull bmitted, K. A. Reynolds Secretary, Planning Commission ArrROV llL 13V (:i,r COUNCi KAR/f ----•.............. .. ............._........_ 19.. .... ........._...........................—.................. CITY•CLEM%• � .•w t a v r _ April 3, 1968 Hot.orable City Council. City of Huntington lea h h. U. Box 190 Huntington Beach, California Gentlemen: We respectfully request reconsideration of the Planning Commission action of April Z, '19F38 in regard to the :allowing item: Tentative ?Tact No. 5917 Conditional Excepti(�n 136-16 We represent the petitioner: p Dorothy B. Lamb c/o James Ken.A 1020 North Broadway Santa Ana, California. (and the Developer. : PAacco Realty Company) We feel that our variance proposal is in conformance with good subdivision practice and that the munerous successful developments previously permitted by the City fastify the requested minor m edificetions. Respectfully, Milton E. Anderaon M]EA:RVB:vn q J1 CM 13194 BEACH INOULLV A N D MINA1M I N it ■ N , C AL I RO A N I A . 'tW i Bog SIF AoON "00 ANw 96102 ►114 �y �I y 1 w • •,4k, (Published Huntington Deoch Ncws # April r, 1966) NOTICE OF PUOLIR HtA111NG APPEAL TO CON►.ITIONAL EXCEPTION NO. fN-12 1 140TI!'.j 10 HFREf3Y GIVEN that a ou.,LC hearing will be hold by the Citr Councii of the City ni Huntingtoa Beach, Io the Council Chamber of the Civic Center, Huntin6tdn Beach. at the hour of k 7.30 P.M., or as soon tharaafter as +�..... Fwssible, on Monday thu ISM day of April, 190, for the pur!+jse of consid- arin6 an appeal to the denial by the City Planning Commiwion of Conditlenal Ex- ception No, 66.16. to permit the following. L 46 foot. E4 foot, 57 foot and/or 54 _ foot right of way strests as Indi- cated 9rt accompanying moo of Tentative Tract No, .911. 6ub)ect streets to bo In compliance ytandseds proposes! by thR Deputy Director of P•.'.Ilc works, and ap- prnved by both the Planning Com- mission (August 9, 1963) and City i Council (September 7. 1966). .i Z 10 foot minimum front yard set• backs for fances not eve: six feet In heigh•, for garages with sid"n-to street approach end for other por- riot's of it residence, (Notes Front :•; setback requlremenb fw garages } eaterad directly from the street to be U ft. min.). ;1 7. 10 foot minimum rear yard seltmek ?' on Irretular shaped lots, prnviding an avarags rear yard depth of 20 ft. 1A minintained. On other lots 10 ft minimum rear yard setback fee s portion of a house provided the =.+•• sclurre ft.m:ilnlng rear yard minim nt Of area hwit as �t mini- mum roar ysr&� lepth being 20 It. 4. Every 6 cumoscutive lots to over- ags Go lest In *Idth (at 9 20 foot setback from front property line) with an cvarege 6,0011D square feet of lot area for sold 6 consecutive i lots. (T' minimum rectilinear lot shall not ja lien* then 60 feet In width with %OW square fart of lot � eras, Including corner lots). Lmatad south of Ge►fleld Avenue and eat of Magnolia t trsot In fire • q2 Two Family Roaldef.ce District. R A legal daWlption Is on file in the i Planning Department Of cs. All Inlarentad persons ire Invited to ' attend said hearing and express thair 1 j opinlotts for of Imst said appeal to Conditional Ettteption. Further informations may be obtained from the Office of the City Clerk. !' DATED. 4/b/0. CITY OF HUNTINGTON BEACH sly: PAUL C, JQNIM City Clark i qW ii 1 ` t , r 1 1 t� CASH RKEIPT CITY C`F HUNT.INGTON WACNto ' t FINANCOE .DF.PARTMNT PHONE- VATS : R.e c ' d Fr one: rr�a„P, • Adore e s : w.�.. ••,Ifs w �' • �' � . Amount Re fI FOR: `1 �r CODE Account Amount Total Reced NO* 2791 � r� i 1 , . t y vAlbert A. Mathews 18973 Acacia St . yowitain Valley, Calif. ,Conditional Exception 68- 16 E 4ti ,mil �,. �lrab+yrt �:ara lx� 1CS2 Aci St. Laura Harper fountain Valley, C R11f $371 E. Garfield OoroLhy E. iamb ✓ City r X James Ka>Ya+dall ►�e..tnoz G. lZudeer 1020 N. 18962 W'a At St. Broadway Fountain Valley, CAl,if. Santa Aria Calif. r'�William F. Bouchard at al 1Cennoth W. la aetel t r, 1417 S . Broadway ' X fleld Dev. Co. Santa Ana, Calif. 92707 ✓ 1aMY'41ll1G 8 To MO UVO P. . Box 2175 92it2 ChCio Ave*N raxk Beach, Calif, Pauntain V'all.�r, Calif. ) ✓ First 'Wilal:tisre Copx, Fo taro Valley School D. 2975 Wilshire Blvd. 9461 Talbert Ave. Las AnSelwa y Calif- 90005 In Valley, Calif . �;t,...l i,ara D. T�laeaar , y92 9Zt4 Oriole Ate. / Fapintbita Valleys Calif. ✓ Sidney W. Howard V r D. l Tr. `' 22021 iialibu Lug 1 McKinleyoMcKinley Ave, ity . • Chitao. Ca 1 i f. 9I710 not ortat �. ✓R�y al a Fountala Valley, Calif. ► P.O. Box 1674 • 11 Oil Co.`,,- Santa Aaa, Calif. 92702 1 8 W. 6th St. , Angeles, Call.f. 90054 VOrsmge Coo Flood Control ir. J. box 1078 Ha=mh Axa lrad at al Santa Am q C~al if e, Jo 1, Leo Holtz Jr/ 18939 Acacia St. 91 Cy Fountain Valle yi70"81if. VS. Calif. Moon Sa Ana, Calif. 92701 9 538 Okin Sto V Clarenae W. Brawn City 18951 Acacia Stim - - wxba�� kta1ts t� Famtarin Vary �lr F H IN fb Nt.0 E A C H U �► Oraange Calif 534 W. La Vta A92668 PLAN N1,N COMMISSION Richard G. B rrct 14963 Acacia r. I.1►3 a tier r v F�ta inn Val yy Calif. 14th Pram l 10101 Woodward La. ' r;l ty IrN YEAR td • , 1 1� Affidavit Lion sc.r C'atl� �t i•rrnia ---- _�..r. ..� ---- � ,ty of OMM90 ar A1'i'KOVi,l) BY (:I't'1' C:ULr1tiGIl. ! My of Huntington Beach ! T. S, Farquhar, being duly s%orn on oath, says: Phan he Jk t citizen of the United Stag, over the age of twenty-one years. `"""` . .�,�••.���$.••...•.. .. 1�. .•.•. "at ho Is tha printer and puhit"her of the Huntington Mench � �.1,;i•� t.r:letC.' News, a WP.�nI::,V Yeti:an Ter of E;enersl clt culcation printed and l)uh llshed In Huntington Beach, C:,lifornla anti circulated In the sai County of Change and elsewhere and pl:blJshed for the dlssecnlnatior ^� � ' of local and other news of a general character, and has a bona fide --- substUlption list of paying A(Ahscribers, and sa!d paler has been nPoo established, printed and published in the State of California, and `" } Count; of Orange, for at leAHt one year next before the publication Or I'Jr first insortion or this notice; arui the said newspaper is not 014 devutei to C*'Interest of, or published for the entertainment of any particular P"ia, profession, trade, calling, race or denomination, or any number thereof, The Huntington Beam News was adjudicated a k+gal tvnispaper { of general circulation by Judge G. K. Scovel In the Superinr Court ' or � of. Orange County, California August 27th, 1937 by order No. A;K931. That the NOTT.Mr T_211BLIG HE RIN.(Q_____,,,, — PEAL. TO� of which the annexed Is a printed copy, was pub?lshpi in said news- ftin 'M papEr at let4at commencing from the 4 th day of Awl— + tpait �t .. and ending on the It day t)L April . 19.68 , both days Inclusive, and as often during said period and titnes of publlcation as said puper was regtilar►y Issued, and In the regular and entire issue of Raid newspaper proper, and not in a supplc►t:terd, and said notioe was published therein on the following dates, to-wit: w_ Ayri1 4 r 1968 bliaher Subscribed and sworn to fore trio this 44 day of i 21 ` e'Ns-pp y Notary Public Orange County, t^..a ifornia THOMAS D. WYLLIE NOTARY PUQt.1C • CALIFORNIA PRINCIPAL OFFICE IN i ORAME COUNrf My Commission Expires Sept. 12, 1970 f ci r'r c!_rrix 4250 Lanf3 B,.ach Boulevard Long Beach, C&].'.fornia 9080'( c, i�" : 4 7 Farch , � a.968 ° Nonorable Mayor & City Comicil P. 0- Hoax 190 R,,...._.7... ..... + r r Huntington Beach) California. 92646 Attention: Patel C . Jones, City Clerk Re: Conditional Exception No . 60-14 Gentlemen: The %pp.Licant (Shell. Oil Cotupany) in Condition&.l. Exception No. 68-14, herewith npipeats the decision or the Planning Commission rendered in that meeting on March 19, 1968. I Check enclosed in the sun, of seventy five and no/100 Dollara ($'7-,DO) covering this appe&1 . Respecti•rely, SSULL OIL COMPANY H. J. P r x. Jr. - r Long B Nark eti4g istrict co I + � ti G r• 141 50. RODEnTSON BLVD. . LOS ANGELESS. CALIF. 9004ii T91_91PP OrM 2.73.201C . 978.29101 April 1.2 , 1968 City Council City of Huntington Beach P .U. box 190 Huntington Beach, California 92548 Subject: 'conditional Exception 88--14 rr Gentlemen: We havu been adv;.serl that on Monday , April 15 , 1.968 you will hear an appeal to the ruling of the City planning Commission: regarding permission to 4ev+elop and operate a "'Thrift Bredd Store" in the R-3 zone located at the Northwest corner of ;darner Avenue and Gothard Street. Pacific Drive-In Theatres Corporation is the operator of the war.:er Drive-In 'Theatre which is located to the East of the pro- posed development. If it is the Council ° s decision to reverse the ruling of the Pta►nning COmmi GlSion , we respectfully submit that certain light protection devices be incori pra ted into the condi- tions of the Conditional Exception . As you are aware, drive-in theatres operate at night and depend upon darkness for maximum efficiency of pic•�ure presentation . Exterior lighting,, whether cast directly upon the screen so as to dilute: the clarity of the ' picture or whether~ cast upon the field area so as to distract or disturb patrons , will seriously injure the theatre. We are confif'ent that you can recognize our concern. This letter is not intended to influence your decision one way or the other, however, if you decide to reverse the Planning Commission in thi.P. matter, we respectfully aak that you impose conditions that; would protect us against damage to our business from light interference. Sincerely , pACTPTC _ VE-IN THEATMS CORP . I ' ' hd Gu t zma LAG: tq cc s K. Forman M. Goidomith A. Gardon l �' Do cutt"n a � Y u a. ry . —'.'4!Li:,'�•� ' , '1.lp" •. r*^�w -owe Y CASH RECElpr CITY OF' HUNT.INC'1ON BEACH y CALIFOMIA FINANCE DEN;ARI T PHONE-536-6551 DATE w Reed FrAddress : 10�9-svom �.. -� Amount I FOR: Ew &A Z L7 dg�-v CODE Account Amount ,..Y,.. _. o ' Y4. .1 M t Total Rec ` d by �-/ 2749 . Now W i � Co3�3ir,i ��tr�1 �xcrntian ��3�i�� %ell Cif Comps► ' Allen R. 11c. 1.ravey Inc . +4250 Long Beach Blvd 111.42 End ry 15t . ' Lo►4 Setiah , Calif. Gtirden Grow. , Calif. c)2 4 i' shell tail Company 100 Bwft Street Shell Di1 Go . 8m XL%Acisco, Calif. 275 Hi.ddle field Ind. Menlo I ark, Calif. LYF 028 t ,1ton Beach High Srb George Eachickas etl 1 th St. 17071 J . Pacific Ave . ►sunset Deacbt Calif. gG'1742 W , en A. Blumetead Ocean View School. Dist . . 1 Jackson Sty g972WRrtizr Ave . llot Texas 79101 ity Vam*,r Ave. Baptist ChiLrch Ner Ave. trliidad R. Martinet 8, 0othard W1 i&M A. (Oirt Brute *� � ....�. � . . ._..... _.......... xal l ispell t Monto 15990 C 1 Vt OF Attaw 0, Delight 1?03"L, Palmdale j 5 Som eo Le Gilbert17041 mw i!i1;Uh��.ir��Nt * rive-In=*&trot <, f�4'"' K'.?ayryya�.'i1r'Fl,�t•+i�'Ijr : ;'v' '.i . . . . �__ —_ RAMP M 1 I.NI 5 ^r: t .� �J ram•// �►� r� :y�.. Huntington Beach Planning Commission � w+.�r..tr.wr�yf•W P.O. Box I" CALIFORNIA 1264a oil May 20 , 1968 L E T T E R O F T R A N ,S H I 'r 'r A L T0: HONORABLE MAYOR AND CITY COUNT: RO v r;o Byu!v-- FROM: Fla-a nikig Coirmri s s ion SUBJE�:'r: Conditional. Exception No. 63- 1 -__..-11��Y...4 Q . ATTENTION: Doyle Milder, City Administca r - 19....... Faul Jones, City Clerk ---........................................ -•-•------_.._ �' 'r',• �:t.r.is i�...�. Gentlemen: Transmitted herewith is the Planning Conuri.ssion recommanda- tion from tr.eir May 7, 1968 i:ieeting for approval o Conditional Exception No . 68-12 Ferta-1.ning to T.T. No . 5841 : ARplictknp Fashion Homes, Inc . 511 S . Brookhurst St Fullerton, California Engineer: Voorhei.s-Trindle-Nelson, Inc. Location: Southwest corner of Atlanta Avenue i and Brookhurst StrEet . CE IRMuest : To permit the following : 1) 501 ri#i t-of-way ,streets as indicated in T. T. #5843. 2) 10 , minimum front yard setbacks for fences not over 61 in height , for garages with sidc- on-to-street approach and for other portions of a residence. (Front setback for gare es entered directly from the street to be 2 ft min) 3) 1.31 minim= rear yard setback on irregular shaped lots, providing an average rear yard depth of 20, is maintained. On other lots 101 mirtirnum rear yard setback for a portion of a house provided the remaining rear yard has 900 sq. f t. area with minimum- rear yard death being 20 ft ; and 4) Every 6 consecutive lots to average 60 , in width (ac a 20 , setback from front property 4P "Mo 7 line) with an average 6,000 sq. ft . of lot area for said 6 coris�cutive lots . (Tire minimum rectilinear lot shall not be less than 50e In width with 5 , 000 sq . ft . of lot areA. ) keasons given by Ythe applicant: ( In Brief) i wl Y The adjacent: properties w.;_11 be enrichud by the quality and concept of this new rersidnntla:l area. The exceller.L reception of other similar subdivisions asslares that this project: will be another development of merit Planning Commis s ion Action: Approved aad recommended for approval by the City Council uport the, fallowing conditioas : 1 . The mi.r_iinum front~ yard shall be 10 ft. E-.xef: pt the winimum front yard fcr garages entered directly from the street shall be 22 ft . T'Us condition of approval is not general in nature and a precise pla.i shall br, submitted to the Planning Department; for approval �rior to issuance of any building perm t:s . Sa_d plan shall del.i.neat a the house location ote each lot . 2 « V r� minimum let frontage shall not be less tl, :n 50 ft. wide with 5000 sq. ft. of lot area. An average l o�: width of. 60 ft. of frontage with 6000 :Tq . .f t . of Lot: area shall be provided .for a c, ch Six contiguous lots in a block. 3. The homes ccnstructed on these lots shall be so bstArit:ially the sameas the models for the existing subdivision , 4. Strathmoor Lane shall be 52. ft: . wi,da . ROLL CALL VOTE: AYES ., Miller, Bazil , Worthy, Toms Lane, Royer NOES : None ABSENT! Larkin Respectful) submitted, K« A. ReyLw ens Secretary, platy ing Commission Kam,/f r^ � ~ = Huntington Beach Planning Commission b •�e ►r•► � P.O. Bolt 100 CALIFORNIA 926" April 1 , 1968 LETTER OF TR' AN3MI T T A L TO: HONORABLE MAYOR AIM CITY COUNCIL P-RCI"i: F1 r.nn:i.n Co imi^ i oxt a ' L�, �t y 1 ���+• c,,,, -� SU "'ECT: Conditional E � y • 'xc ep t:i.cn No�, 58-11 ATTENTION: Doyle Mill.er� Ci t ll.dmi,nisC.rato �'�..•_,,' "�� 'j� .. PRI1.1 :Tc,nes C. •�•.,. ity �1erk �-�.l7�L,kR�•.�. Gentlemen: Transmitted herewtth is the 21 atuiing Conaission recommenda.- tian for ,%pprOVal of Conditional Exception No. 68-11: Applicant: Shields Development 0j. a784 W. Lincoln Avenue Anaheim, Cali.fosnia Loca tjn: Southwest corner of Brookhurst Street and Yorktown Avenue in the R-1 Single Family Residence District. GE Re 1uest: 'To permit the following: 1) 50' riwht of way streets as .indicated in T.T. #6156; 2) ".0 ' mi nf.mum front yard setbacks for fences not over 6' in hez.ht, .for garages with side-on-to-atree t- approach and for other portions of a residence; (Front setback fox' g8r&.g3s anterer', directly from the Street to be 22 ft. minimum), 3) 10 ' minimum rear yard setback in irregular shaped lots, providing an average rear Yard depth of 20 ' is maintained. On other Lots 10 ' minimum reax- yard setback for a portion of a house provided thr, remaining near yard has goo sq. ft. al ea With minimum rear yard depth being 20 ft ; and, 4) EverY 6 consecutive lots to average 601 - Cos �a;, is •r � J 1rA i . t t+i•' in width (at a 20 ' s3,tback .from front propF!rt3' li?Ze ) with an average 6,000 sq. ft. of lot, area for :3aid C consecutive lots. (The minimum rectilinear .lot shall not b;, less than 50 ' in width with 5,000 ^q. ft . of lot ares.. ) etc tsoyl Zivea by the a 2 llicanl : The excellent 'r reception of the Fz--eceedi::ig development assures that this unit will. also be equally complimentary to the community. Pi9nni a Commission Action Approved and recommended for approval by the City Council upon the Poll owing conditions 1. All streets shall. comply with standards pruposed by the Department of Public Works and approved by both the Planning Connaission (A1z$usb 3, 1965) and City Counnil (September 7 , 19h5J- 2. The minimum front yard shall be 10 ft. except the minimum front yard for garages entered directly from the street shall be 22 ft. 2'his condition of approval is not general. in nature and a precise plan shall be submitted to the Planning Department for approval prior to issuance of any, )i.i.ilding permits. said plan shall. delineate `;he house location on each lc,'u. 3. A tree , equival -t to a 30 inch box tree , as approved by the 'treet Tree Super�visoi?, shall be planted in e front yard of each lot and in the exteric side yard of each cornar lot. 4. The minimum 1 frontage shall. not be Less than. 50 ft . wide ,. ,Lth 5000 sq. ft. of lot area, An aver.-?ge lot width of 60 ft. of frontage with 600u sq. ft. of lot area shall be provided for each six contiguous lots in a block. 5. An 18 inch wide easement for utility purposes 1 she'.]. be provided adjacent to all. sidewalks on streets less than 54 ft . w.J.de., Construction of any vertical structures within said easement shall be approved by the Departme.[it of Public Works. Res p ctfull�r ubmitted, L:AetRelis oFl rg (10mmission N j•+ f J if I w� ffj 1, fro -�. Huntington Beach Planning Commission P.O. Box Ira CALIFORNIA 9964a March 1.31 1968 L E T T E R O F T R A N S M I T T A L � a.. w •• i� w.1. w. .—. ... +M I I Ir Iw � /.Y .. —It I... �\ T0: 140NORABLE MAYOR AND CITY COUNCIL FROM: Planning Cotami s s ion SUBJECT: Conditional Exception No . 68-10 ATTENTION: Doyle Miller , City Administrator Paul. Jones , City Clerk Gentlemen: Transmuted herewith is the Planning Commission recotncaenda- tion for approval of Conditional Exception No . 68- 10 ; Applicant : Essex Land Company 1.0889 Wilshire Blvd. Los Angeles , California Location: 187 , north of Atlanta Avenue and 14PI east of Brookhurst: Street in the R- 1 Single Family Residence District . C■ E Rii eEt; To permit the following: (1) 6000 sq. ft. average lot area with 60 ft . average frontage, but not less than 5000 sq. ft: . area, nor 50 f t . frontage per Lot ; (2 ) Reduction of street: right-of-way in accord- ance with the standards recommended by the Director of Public Works; (,3) 10 ft. minimum front yard setback for I curved drives; and (4) 15 ft. minimum rear yard setback Reasons +�givenw by licant : lu�aFa� The requested modifications are in character with several recently com- l.eted subdivisibas scif similar nature n the City. JI CIE 6%4 4 ' I I •I d ` I Pla� nnin&Commiission Action: Approved and recommended for approval by the City Council upon the following conditions C� 1 , A7. . streets shall comply with standards pro- posed by the Department of Public Works and approved by both. the Planning Commission (August 3, 1965) and City Council (September 7 , 1965) . 2 . A tree, equivalent to a. 30 inch box tree, as approveu by the Street 'tree Supervisor, shall be planted in the; front yard of each. lot and in t:he exterior side yard of each corner lot . 3e The minimum front yard shall be 10 ft. , except the minimum front yard for garages entered directly from the street shall be 22 ft . This condition of approval is not general in Mature � and a precise plan shall be subm.4.tt;ed to the Planning Department for approval prior to issu- ance of any building permits. Said plan shall delineate the house location on each lot . 4. The minimum lot frontage shall not be less than 50 ft . wide with 5000 sq. ft . of tut area. An average l ut width of 60 ft# of frontage with 6000 sq. ft . of lot area shall be grovided for each six (6) contiguous .Lots in a lock. 5 . An 18 i_nc.h. wide easeinen� for utility purposes shall be provided adjacent to all sidewalks . Constructign of any vertical structures within said easement shall be approved by the Department of Public Works . Respectfully submitted, K. A. Reyrol s Secretary, planning Commission KAR/bd WWJ6 i e I E s. I � • I • I _ 1 I r' x' yl, r M; of dGw 1 OEM ,f 10 . ! r Huntington Beech Planning Commission P.Q. pox 190 CALIFORNIA *280 L E T �� E R 0 �, T R A N S N I T T A L ..w ..� �.. �. .� ...... .... ,. .... .w w w 7 w .� .mow ...` ■s � i It TO: HONORABLE IIAYi.)!-? AhD CITY JOUNGIL FRt7M: P1arrlir`xg C%omm7_`...5" .`i 1.on 1 ` SUBJTE0T: 'Dyne Cas;i No. �i;--<:a ,•� hk ATTENTION : Doylf) Miller City Admi.ni .sti,-ator Paul Jones � r"ity- Clerk Genf,lemen • Tr8nsmitt-ed ?-1F_-:rewith is •;he 131--=i.ng Conu!t:i.:-"si�n rw-omm,en(iatiol.i f.r,7,, approv'aj. of Zone Case i;! o . ., ca;f- ;can: Sout i :.�idr:.• of Heil. i venue approxira`ely 660 ' -ist u.0 Bolf3�a C%li_-(^a ►S�'t;vors t. . Imt Plarned : ?'Iediuin Dens Ity on(-: ha' d•(. Rc� u��: ;, : Ch.aiige of zone front R--1 .. in�l�- F-armi Jr Res:I.deno e� TJic,tr i.��fi ILA R--j Lin; ` ted tl tiro i.e Family �-7 trim 117d - ~�.,-.:� 1 .�.�an' ' Thk, zoiw. charg,,- :is to allo!-r w1 upa,, if� 1ne,iit --r._ a g . o-,iing area. Thin t-1-.T �;f' �Ut ?' i'mC21t ,ontr�T:plat. -1i. will lend prestige to u-ni-t ,tndinti3 pro•-)cvt- . The deve'lcp.rment shcu?d b :.nit-i.ate within 6 inon�the Land (10mplcted thc-reafte-�. ta.i'f R(-)r;r��e&d.atio Approval for R-2 . w.. P w _ Commi e' oo. E Actt „ate,: Approved as moi,ifie — 000. r.. Reasuza &Lve bX the Planni :iss ojb for. t 1. I t wd.l l asr�iwt :�r. dove"LOpE't'it of the p.:operi.,y since the general area represents a,.. ideal compromise bFtween R2 aci 113 . ,r. � � r j ° Vote AYW- Tam, Miller, Bazil, Royer, Lane , Wortbys Larkin VOES: None ABS : None Inasmuch as the at aptton of the 22-2000 zone requires adoption of Code ,amendment 684, the Planning Oommissiozi reeo=ends Moth matters be processed conouv2ently. .r'. Respectfully submitted., S. A. Reynolds Secr.etiar:r, Planning Commission hf jb 6' i i 1 d k r ' I j vit )F Punucation ' J. A, �*"Wbar, brititfr &1y swots on oath, say% That he Is u cithen of the VtUted States, over 1he ago of twenty-one yeam, lUt he is the printer steed publishitr of the Wntington Beach M" a wE we** nepoW of Sanest dreulation printed and pub• *' 111111t11111d in IfuntiiitIUin $sraeh, C811forWis sad cir,cuMted in the said Ca mty of Melee mid elsewhere Mend publtrtimml for the dissemination ref locals ,lust! other news of a g&.Wml character, and has a bona fide sl kivniptlim. list of patyititg strbacribem, and said paper has txwn do AbalimhK printed and published In the State of California. anti Cmaty of (am tre, for at Imt tare year next b.furu the publieat.10ri of the first inse-tion of this notice,, and the suit! newspaper hs not (I'vNislreni wa " 4evoW too the interejt of, or published for the imf,trteiinment of any March It, tl6�t pmmkoW dal n, pabfeamlon, trader, calling, race ii deneminatidn, or Nar+rtce LEGAL wOt or rerat.ro rruttrrrrd error a tiba theftooi. xONE CASE Gib, 444 I y The Huntington Reach Nemi was adjudicated a legal newsTmPet' 110TICE IS HOW GIVEN inert 1 of gonoral circulation by Judge G. K. &*oval in the Superior Court Put'llc h,tarns will be held by the tat of Orwge Count Caiifornla August 27t!t 1937 bf order No, A-b931, planning veactirrin of trio City . �• , ►fun,Injten BCacft in the Council Ctinyt• tua► or the civic c*ntw, Huntinstai • •'.n.T rir n " 't r ' ' peach, Cal�torri�r, et the hour of 7. Tut the .,� _�..�;_1_.....:�' �.. . t`..�..�a-•:,,.. �: - ' -- P.M., on Tuesdiy. April 2. 1964, fart tha• purrose+ of cvntider;n{ a potNlofl { •r" y - for a ':h.,npd of Zone to regulation, of the Districting 0rd0vance. o[which tite amexed is to ptintod mp!-, vvas published In said fiews- Ch.!nge *I Zone from R-t Single ! Family RendtrN;e Dislrir:t 'to R•3 i _ limited Multiples Fatnily Rosldbnce I paper at ltsnat �...�r���.� �_. _ . ____.__Y__ D;Located t. l.otated an the south suit of. Heil Avenue. aha rorimately 660 feat east of Dow Chico Street. A total des• commencing from the ___._._.___day criptidn id on Isle In the planning (Department Office. i All Interned persons ere Inv;t*d M r 19— , and ending on the attend sain heiring and axlVoss then oainions for nr against the 010PP r y Change of cone r"uvsW by soi 19.—. both days inclusive, and as often during said perltxl and ""'on, times of p+3blication as said paper was repil;tily Issued, and in the Furtl,er inforttiation metr Sb obtalnea n.e Afar rtati entire issue of milts newspaper and not, its a from the office of the �ratsry to tab �per Prannirg romrr.;s56'1. suppldme.,it, end said notice was pubhbi ed therein on the :r,110WIllii UATCO this 21st day,of March, IM, d4t#$, to-wit: CIT Y M.AfVtrtING Wumissloft K. A. Ftt'OTrOLDS i iC_�..y► .0 - Publishes i SubscribW turd swont to betam net this - r day of 41:..,',.. ': t-+f Natsry Pubiac OMV490 COUnty, 170111 1-nin ,/,.. :" Pooft mom 1{f i r'r Kona care no. 68-9 fficUel G=ltieri Hcwa.rd L. Miller 82214p Caliente Dr. 5181 Heil Ave. i city Law W G. Jackno. dames T. Houatau =Qslif. l� 4= Qa�.iente Cit1. Neil Ave. y P A* 1.1 Peter F. Ciddic Paul L. Scott �. 3235Heil Ave. 1 ''1 Heil Ave, 5 M , '. ,��► ? ity City '* e. Cweorge W . McKenzie Richard W. Drake Zoo 221 Heil Ave. 129 Kennedy Ave,, city Fol,lanabee , W. Va. 6037 1#6 ouz Peter D. Ciddic Sherman E. Ellicyt tAftft Dr. 211 Heil Ave., 2037 Cedar M7 Log Beach, Calif., o � Victor L. Mills Melvin A. JE' et a1 To Dr. Vol Heil Are, 5200 Heill Ave. 17j,t7 City Charlou W. Crowaingshield Richard M. Deam vr. w 9191 'doll Ave, 200 lie i1 Ave:1 t7 81 tr TY' OF 14UNTINGTON IDEAC14• AEIN1RG CQMMISSION r� mum YEAR 1 is r • ',1 ''' a �'rs :,,�5'*1"+T` ' ^JPh.. :fn• . •'Kr•n• wl 'MJ 41P '4`4 11' ' AWL 90742 tkvre I Oalifr 92655 I I et W. � IDP« 18, Calif. 9021 *nto of al If. 92685 rt + ol Plate Ave* 1,rll�il 1 �s l' ��� '� "� '' ,.'` �. ��,f� ',� ••, 1} �aM+�f•:YM�11R`yp,.M;h'k,�,f�'f•s_,F.,,A1111v!'4.�`�'� iti. ".A���''�'�� ,1:•:�.i i�t,1,��,1 rk,y,,4 � Y' e �► ,r,rf 4.r. 55pp r• ` "r r. i , � 1N .1 {: June S, 1968 I � y Mr. Raywond Lev1 n&* A. 1 .A. Inc. 3432 Via Oporto Awport Beach, California N Doar Mr. Levanas t This is to inforn you that the public heariag on Zone Case No. 68-9 has been contim6d to the 1 mating of Monday, July 1, 1968. If you have any questions concerning this matter, please contact the City Clerk's Office, Sincerely yours, Paul C . Jones City Clerk PUS" a • y jj Y • w� 1 1 W r i dy�°,.7G• A. t , di• J .,l I , Jima 5 s 1,966 firr,r ,6 r ULde 1 Y*buki clef $di Mass 417 $stuns Coast Laguna Beach$ Cmllfornis Dear Mr. Yabukt: This is to inform you that the public hearing of the Cit Council of HuntinSton leaah on Zone Cabe No, 6113, was continued from imet 39 1968 to the reatins of Monday, July 1j, 1968. If you have say qmo tioarr canearnia this matter$ P lessa contact the City Clark'a office. to vows r • Pool C. Jones jsr City Clark , 4, �SI L• 1 {�Y1 MQ 1 r•r 'L l, • r Huntington Bnnnh Planning Commission P.O. Box 160 CALIFORNIA U844 t� May 6 , 1968 LETTER OF TRANSMITTAL n, TO HONORABLE MAYOR AND CITY LOU14CIL APPROVED AY CITY c::ClUNCIL FROM: Planning C+omrni.s s ion SUBJECTt Conditional Exception No. 68-9 -MA*....... ��.._... ATTENTION: Doyle Miller, City Administrator Paul .Juries, City Clerk ....... .................... ................. _.. CITY CI_E>Rit Centlemen: Transmitted herewith is the Planning Coamissi.on recominenda- tion for approval of Conditional Exception No . 68-9: Applicant: Essex land Co. 10889 Wilshire Blvd . Los Angeles , California Location: South side of Atlanta Avenue and east. of Brookhurst Street , C1: Re,quest:, To permit the following : 1 � iiiY W.r!\ 1 ? 6000 sq . ft . average lot area with 60 ft. average of frontage for each six contiguous lots in a block, with not less than 5000 sq. `:. . area or 50 f t . frontage per lot ; 4) Reduction of stroet rights of way in accordance with the standards recommended by the Director of Public Works and approved by the City Council 9/7/65; and 3) 10 ft . minimum front yard setback for curved drives. Reasons jti.ven by the applies: (In Brief) ,•., ��r.irr ow iw,w The modifications requested herein are in character with the presently approved and recently completed subdivi,sicns of similar nature its the City. co N/ ti ti Planning Comission Action: 1ya1A1aYlYlYl��wr Yi��ruu rrr Approved and recc;mamended for approval by the City W Council upon the following conditions: 1 . All streets shall r�omply with standards proposed b the Deppartment of Ft,�blic Works surd �► so roved by bath: tY►a Planning Commission (Au stp1.965) Y g and City Council ( September 7, 1965f. 2 . The miynimun .front yard shall be 10 ft . except the minimum front yard for gara es entered di.reotdo 1. from the street shall. be 22 It. Iris condition of approval is not general. in nature and a, precise plan shall be submitted to the Planning Department for approval prior to issuance of any building permits . Said plan shall delineate the house location on each lot . i 3 . A tree, equivalent to a 30 inch box tree, as a�p proved try the Street Tree Supervisor, shall be planted in the front yard of each lob: and in the exterior side ye-rd of each corner lot. 4. The minimum lot frontage shall not be less than 50 ft . wide with 5000 sq . f t . of lot areas. An average lot width of 60 ft. of frontage with 6000 sq. ft. of lot area shall be provided for each six cunt i.g loin, lots in a block. 5 . An 18 inch wide easement for utility purposes shall be provided adjacent to all sidewalks on streets having less than 54 ft . of right of way . Construction of any vertical, structures within said ef::sement shall be approved by the Depart- ment of Public Works . Reepectfull ubmitted, AYES: Miller, Dazil, Larkin, Tom, Worthy �� NOES: Lane, Royer �C. A. Rayno d e ABSENT: None Seotetiaryp Planning Commission XAR jf F,4, I f. 1y �1 AFTEUMVIt of 1 -">bficav*on , State of CWWkwttl l k �snb� d C1t�tlt;p � 1a aqr aR iktwttlstttati Such 1 J. S. I'Rtquhar, bring duly► sworn on oath, %ays: 71int he Is a 4� j aitifsen of the United Btrtea, over the ag8 of twenty-one yearn. f That he is the printer and publisher of the Huntington B News, a weekly oft,opaper nt general circulation printed and i ilshed in Huntington Beach, C.alitornla and circulated in theCOUNCIL County of rsmnp� and elsewhere and published for the disseminaY ��N v rif local and other news of a general character, and has a gone t subscription list of paying subacrlbers, and said paper has ......�...���. ... ,.. ... l established, printed and published in the State of Caltfnmla,County of Orange, for at. )east one year next before the public ...................................... I � of the first insertion of this notice; and the said newspaper is ' demoted to the interest of, or published for the entertainment of any + fascicular class, profession, trade, calling, race or denotninaticnl or any number thereof. I'he Huntington Beach News was adf►tdicated a 1es;, f newspaper * `' of general circulation by rudpe G. K. Scovei In the Su; ,!rinr Court R of Orange County, Califora;a August 27th, 19,17 by order No, !i h931. � ;t That the ; 8�nx_���, .t�w., 1�a�►/1I. •�NI(y+ •f" T ' `1 (• ' _.fs .--.-_.-. ,, cot which the annexed is a Printed copy, was published in bold nem-s paper at least commencing from the _ deny of 1J.._.,._.., and ending on the _.w�..._....da►y aL.� - -— 19 Lp , both days Inclusive, and as often dating tsald period and times of publication as said pnpx was regularly ismed, and in the regular and entW- issue of sa.1d newspaper peeper, and not in a supplement, and said nodes was pubWhed thereln on the following dates, to-wit, PuNisher ` Subscribed and swore to befcrt me this "c A, . diy of Notary Public ! Orange Ciottaty, California � THOMAS D. WYLLIE MDl`AW"SttC .C&IFfiQllf111 FRIRCIM OFFICE im My C.osnasisaien Expires Sdp4. 11, 1910 : Anthony Bartoli '1�1L r +•}t 84!771 rw •F`�.alay,tf�� `I�L (,,�. 1 . . 1 4•i� ly ; HuAtington Beach ��9 1 4i ' •� , March 15,1968 ZEi cowiitions1 xcrotton yo 6 .. Qity Of Huntington Brach The Honerabl a Mayor Jh ipl ey d &Ad City COUnCil = Q -►tl emen In ref erance to condi.t:ioneJ r-xceptior► hu,arincT C8+F,, t � c c+ccimiori of which I an appealing t(:) yviL. It ins my r•eccu cis that v'�u overrule th-E! decision of the pIcAnning camwiissioan which 11as denied m u permission to build two additional apart cent units on my property ms..baing the total seventeen rather than fifteen, urlits.the plans frjr this property ).!civ-e In all set back and parsing rem,1lirExlc-rits for tile:.': ei'"Ela cncl stall leave rceza for the twrc. units deni d without overcrowding or c:reateing e harcisi'Lip on SW IT01.LX1('11t1q nro-pt. r''a.<.,; . Fin i,-?y se,,, by drr win,Ts that have beE..X[ submitte'C; T all-, not tut: a well plaiu,ed del,ux 'al-,a.rtr ent that will }-)o a oro.�dit to the surrounding area. the planning commiasi.on h as refused my r�;cjuest on the basis that no Aard hilp exists .In ti:lat re�ara increascingl y higlier costs for F� taxen,con►struction and 1&nd costs demand that property be t1eveloped r: to its hAghegt and best use io b. economically successful or indeed a hardship will exist. k' Much has been said and little done abut this part of Huntington beach that ham been ref orreu to as a"slum and a hippie haven" with continueing puplicity of this nature it is difficrult to ' obtain mood and adequate f inanc a ing ix► this a:ea.` 1►i in a relevant factor though it is not consi dr-x ed to be bJ► plar►nerm, I am trying to do mar ae►all part by elimirateinej a portion of that socalled alum g� emd Wilding a residential complex that any city would be pleased to haro as part of the comaunity.Your careful consideration in this 1 . matter will be greatly ajppreciatt-�d. Yours very truly /&nthony Ba rtol i Y i bt.il �eatiaq 6 as dlL Ale=nder Qaddes Ftcrate Oil Cou"ny circle 223 8th Streat 3341. Merry Aveme wos b�, colif, uotir toe I .ch, Calif.' Loon Bch, Calif. S 7 ribim Wtoli 7Uldon D. Osborn Alfred K. Sbear POO* SM 4" 217 Oth 5creet 212 ath Street , Lr dstear, Calif. ti tan B+NacY�, Calif. 1 tington B"ab, Calif. 1. Mmbs Ethel L. Ha rre l l Franklin V. Pound Les AvVAUM 215 8th Street: 206 ath street out Calif. 92633 Huntington Beach, Calif. EkIntington Beach s Calif. y c. Midday Grace Dowt.y Joseph D. Coleovrortby 209 8th street 505 Crest Avemsv oa Beaa6l, Calif. MuttingtYon Heath, Calif. aitinton Deacb, Calif. IT= S. Soughe a Walter W. Pt l laa ine Walter Clara at at box 8 1835 S. Macbeater Avenue � on Beach, Calif. !AQiorgio, Calif , 93217 ,Anaholm, Calif. 92802 J� miva Stuart L. Marteneen James T. Albert zat F Street 2057 Liadenbol:a Stmet 217 7tb Street Ontario, Calif . 91761 Oran go, Calif, 92667 Huntington Beaab, Calif o ci+ as Charles A . Greens Jr . atal D. BakwiOaa tip street 5431 old Pirate Lane 13 7tb Str"t nam ebb Calif, "'NmUngton Beaab, Calif. 8atia4toa &web, C@IU, Ww 3% lnut Avenue UMMI L• watts Frod cw or M itV t ,. � "V , 11 ,9514SOw Beanh, Calif, Iftatington N"cb, Calif. 1M1 0. "An MUchell Lead any Nelea T. gyp. . 1 Sc 30 2941 Cherry Aveaw 4628 Alta Can da 8t. grid, Ari $3630 bong leach, Calif, 90606 Ira Canoda , Calmif,. 91011 +�aa of 41 Marcus X. Ma call" Arta La Ta"tt 4 1 Doan 550 211 Nola StrM t 6 amt et 2049bo Calif. )UM en, "@elk Go 1 I , u F 1 - q Owe Oman front CmP&AY Grave A. Ioesee l itb Moist P.0# Sm 270 117 9tb Street i*Stsa , Calif matinSton uscb, Colic. mmangton saacb, Calif. sqF8991"t !oflfie Corp, Gordon M. Lewis Clifford L, Abx�IWO Co 119 SOstreet 706 Ocean#atiWoa beaeb, C 11f., mmung am, Boaah, Calif* Fromaisoo solo Ce111f. Stoka Raery R. Albright mac j'. Gardiner M i� t 9tzt. 116 3th Street 47E9� North 7tb Street 8satiar8,'tca bweh, Calif IhntInston Bea::b v Calif. Phomix, Arizona $5013 !Fa. road Joe E. Blood-vv rth Willi an n N. Cookorley Aims a;. TBa Ness 11 8th Street 1030 *instreet Calif. 92707 lhmtizgton Beach, Calif. amtingum uscb, Calif, Audrm J. 9a 1af f Clarence MacDonald Pearly N. Wortb�, I tb strost 12831 9 . Ora�a X-ive 10G2 Riviera Drive ukm an Daub, Calif. Wbittiir , Calif. 90601 Santa Andy, Calif. 92706 CIS . 1ultaat Lenora Graves Wilfred E. Willett at Al y O. Doz 297 141 Dolphim Avenue 1.350 Le Sorens Drivo tb gtzeot SAal Beach, Calif. 90740 Bxaa , Calif. 92721 on &Nab, Calif. Al ?:1�a David C. BlAke Wig B. mastellor 15 5 C,eriaa �A►VOt1r 103 Norathrm Road 115 sth Straf Fpat�l�vi , Calif. 902A9 Altadens o Calif. 91002 Hmtingtm beach, Calif, � . King Gar }gip Cassidy C. 1��. orMra at 41 e t Not. �k of Denver 14,p31 a.... A.... 4236 Loewt Aver 9,0 Nc SM TA Garda ,I Calif. 90249 t.araka, Calif d 9Q807 w , Oaltrddo 00217 P G ,; b Tolbert Frank J.. 4oadma ?=a I. Bristol Ilust 9ts'Mt 328 9tb Street veto W* Gross Isom web$ CI . manti lton &Neb, Calif. 2404 larl" Street -MSc. Calif. 9210 1114amemn was co Ed xUlar at a1 -",wait N. * 7th Start 5150 Wilshire Blvd. 9200 100 a. e�a ide moufttar braob, calif. Las AMples, Calif. 9006 Loa; hench t C+rILL 90405 Icb mt Katriat Robert A* Mitaball Nebo Zbom"tary Sebael i 770 17th Strwt .: . 2� �Ba+rr�rC 1a Sward 210", Gout a Lm Imbn o Como 90631 iluatirttan boor Caul!', ,r die dt " �wrMWAO Left IWO 14 a 21k; r 00 41. F, i ` I i h .,Sl I� it y �ti ,R *yh•��Y• . rrr e (P�Wlmhw lqwmnom Boom No" "Do OF PUBLIC "NAOIN '1 t'iftNQUt'rlOML LCtt;OliiT'LOM 014 MM9 Is 141minY QIMCN Im 0 pub. 7'•`�` 414 faf sm 6`Ity of liuntt 4mm Sankt b1 the olmnall comm r of me oft w Qe ft, Hfntingan MMhY A the flour of PLO at " a" uwwofton Monday, Ow down dW � t f m uw vemunC of CaMftlww p apuen � a' + a" by the Gitr pim" a Cammkow% �+ to palrmn a d" ►wrfay 1Fra-99" In ,R ON ftl! 'he fromiy Ithi& me Vhol t. llvwwsr NONFRltlTa" 445 %a MOM of iieoh DwW wd —1 %W domloUm- Is { on NO In tUw fMrftif M& Doowtffl * (W r ( Jul kltfaradw pwrofu K e I:N INa! to�. kWA old hmdfo Aft1 mp*w MWr QPIR;om w or fpgtiet .void r afldtttatal� , ' Further hwormstlffrl may bfa ab4almd from the Otl'!aa or the City ClWL DATM FfatsriNry 1CY i9fC. &" nfr hUNTINSTM NWN car ckft s , • �t , 1 r i• A ; •III f�� 1i w '"� i� . •`1d ��'2, r Tr 1 4T K� j �'�G^.' h,y •y. i: � '��"+�l''4MrNM►,ryrfl��e! ►,�J�'7,��, �/'h yt•'`Ota'.� � �, W; r�5. dbj x Fablvary► 1S, 1968 ' 1t� Alt Of �ivatl�tdn nth 8 ".Ustoxl stub QallfaMi ,. At umdor 80`tiOA 9813 S . of the Mwtittgtoo 5"Ok , "One* Code, I h9rehy app�etl the decirion of the �t I6sL9 g Co t1e I x3w tier So .068-2,h�teld rre request f �fo�re the city Comoil . � � herring i John V. Y. Green '{ Untilkat0n Beath city Councilman r �i� ^/ `0 � l + 11+. }4 1. J.1 F�� 1 •'ry4 �f ,��J 'I!y{U ! ,�;.. r `, r, "rt1r ! '. ��� 'Vl!" , '� !' h' ,44 1 • �.Y1�� .ti� it ^�r I 1 r . '►F�r Gib' y� � �1'Iy'' •,k ri t Jy� o Y• �',� 7 1,J 1 i Ml W� d 1�rr � r 1 �`r i 1 a In •V i '� .a,.r i��l: �Y4'S . i . .'iVr: SMr' . 1' Iy �rA'l•,I,i1h'+i+/�Y`r^+"i 4' W'!M R' .M.V''� CITY HUNTINOTON BEACH MOINSSilt O PSPA.R'X'l68M i Pebxuaty 1.6, 19M s N,,ul� l p + . •.,N ,v Rmomble Mayer eau! tatty Counalb.1 Ci ty %f MAtington Beach Attsntiont Doyle !tiller ` City Adminiistr+a for 1 Subjects Conditior l Acceptance 68.2 �;' � Cieabl,�rmett: 2ho Pl� GoomissiJon on February 6, 1968 approved Conditional "�' Aos*plaaoe 2 e slaking Sr. Darold B&er -to build a day nurser as p L1b#Abza� Street wexterly of Beach lkxilevarde It was recommended ' that the condition of approval include a .+ Lyre *xt that doKcatiom be arder and stroot improvements be i n stallod on Moil Avenue a d that street impraveeents also be installed on Alhambra Street. Detan etud3ea in the field indicate that the oonstrvetioo of street leprerioments on both Reril Avenue and Alhaabra Street woald cause a drioluage problem. On Neil Avenue there is a block wall and a driveway an the property Immediately west of the subject property which would black the dyra►i.nagv. On Al.haeobra Street the construction of street Improveaents would necessitate the grading of a ditch westerly to Silver Street causing inconvenience to the property owAsrs in that arei. It is rmamawnded that when this Use 'variance im considered { „ by the City Coauhil and it it is approved the requirement of improve- most on Roil Aveme and Alhambra Street be deleted amid that a bond ;;. be posted for the improvements on Heil Avenue only. It is antici-pated that: streot improvements on Alhambra Street will be installed ultifttely by an assessment district. The requirement of dedication on Heil Avwaer, however, shaild still be included. in the condition J of ap • a, Very truly yours, Tamers R. Khe.let. 4 Director of Pub21c works i J p,rryy y • , .d+,fir" y i P � d . /� Ail% 5SM10y P* senthis etal W004441 M* price g* Mueller T931 Albao►bra Avenue Street 0237 Cedar Street Huntington 8eac6, Kalif. Las Al bag Celiforalo Bel ower 1 flCalif* 9G706 , Ca 1 `' r - ..7 it J"us Grtis Cecil G* Ad&= U%"Joa Avoew 7922 a* Glencoe Avenue 17042 Yap l ike Lane Grp, Calif* Nuatingten Ge"h, Calif. Huntington Beach, Call-to edetto Asa Geerge Y* Wistlio Robert 1.* Owens eae Avenue 7934 Glencoe Avenue 7911 Alhambra Avenue ftatinoom Beach, Calif. Huntington Bea►ch, Calif. Huntington Beano, Calif* -17 L000 Go, Marlow Mildred M* Petra Ethel Vest *tax 9U73 Rad 180 7949 Glencoe Ar*nu• 7891 E* Alhambra Avenue IAM*ay# California 93247 Huntington Beach, Calif* Huntington BoAch, Calif* � Clerk William Robert Q. Shupe Margaret No Moseley . JW Glencoe Avenue 501 Walnut 12621 S. Kalruor Avenuo tiMtan 9eiA*h* Calif. Huntington Beach, Calit. Norrwalk, California Nadley H* LidstMron Ronald IN* Payne Bernie E* Keys 9019A We St'b Street 9900 1 7837 Alhambra Avenue Kaota AR 1, California Granby$ Missouri 64844 Huntington Beach* Calif* 92703 Eleeaor C. Ebert Ernest R. Moen Wales Sarros M2 Glencoe Avenue 6642 Oxford [rive 7902 Glencoe Avenue i HmtLaCton Beach* Calif* Huntington Beach, Calif. Huntington Beach, Calif* ftrris K* Kays Jr. Edith E. Owens Robert Me Lane "31. Alkembra .Avenue 7911 Alhambra Avenue 7891 Rhine Drive roti�ton Beach* Calif* Huntington Beach, Calif. Huntington Beach, Calif. Lawrence G. Kauk James w* Brown Jake R. Stewart 9039 Groearidgo Dr* #7 312 - 12th Street 7901 Dine Diver Oakla,dt�.M Calif* 94605 Huntington Beach* Calif. Huntington Beach, Calif. F. 0. A11%;back Vito Marina at al Alco Pacific Coast. Co. 7811 Alhambra Avenue 6351 Citadel Drive 13822 Beech Blvd. Huntington Bleach, Calif+ Huntington Beach* Calif. ►Yestmiinsterr$ Calif. 92683 °.e ►,�i�3 c a!4 A r 1, ■ mob E,wr '.. y � r■'1�. A. "6161 S. ► arra R ah4rd L Sigglers * Avet 'iU2 2 Alhambra Avo nu o 79� e tIpSli ►p beach$ Calif Huntington Beach, Calif. Huntington Beach* Colitd L UO Lo Nopkim JArie Jr. ,Diek George D. Shea 41 ►ru Drive 10501 Ut►e C1ro1e 792$ Rblne Circle 418S 00 90"h, Calif. Muntle.gt4a Beachs Calif. Huntington Boacbo Cnlito deiia W. word Jobb It. :'ftit Lawrence R. Garton MA P Drive 163OW Mbe Circle 7912 Rhine Circle tit Noaa, Calif. 92626 Huntirgion Beach Calif* Huntington Beacbs Calif. UNNI J. Brunton William Earl* et al Gordon Be loop 7142 Plaaat Street 16519 Elbe Circle 7902 Rhine Drive WestgiwUarf Calif. 92633 iluntivgton Beachq Calit. Huntington HPAA Calif. urge ro alone* Edwwd H. Schoerner Heil L. Pearsain 1912 Alhmbra Avenue 535 Laurie Ln. Apt. L2 7892 Rhyne Drive Buuatinston Beacht Calif. Thouca►nd aaknj Callft Huntington, Beaehi Calif. 91360 i Georg* xoop Curtis F, Nallin Emerson L. Koons 4133 Dorobeater 163#14 Xlrbo Circle 7882 Rhine Drive Comae del liars Calif. Huntington Beach Calif. Huntington beach$ Calif. 92820 Chrysler Motors Corp. Grange Co. Flood Control Edward J. Caney Jrw 7872 Rhine Drive p Tom;; Department �'.0. Box 1078 RntIngton Beach; CaLife p.i►. Box 1919 Santa Ana% California Deikroito Michigan 48231 He Be Elementary ho#)l H* B. High School Dist. M - 17th Street I'm 0• 17th Street Bantington Beacb* Calif* Huntington Beach, Calif. 4 �• rl Y 1�!I .•r \ 1. � A .40 w � I a� • '� Y r'N� ^F �•'VI r,r �4�d M1 �' t e ���' �{`1 yFt•�"' Y,. � l I ! 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Psbar 28 s 1966 r �,r ,Y 7#10 WOW 1 Attached YOU will find s dopy of the petition we presented to Its City pls=ing Oomsission on Pebruary 6, 1968 aplast aonditiOnsl SzoeptILon 68-i!. We would also like for your to take intO aansidwr- �,: otion this petition at the March t, 1968, aauno it meeting. I. 5,; f., 'tN; r.' A i .f 1 01, ' ti• N: i O f 'ton Dea olat its' -nearby rt owners of the property u for n conditional , '�! �aaa �' Arm �► Pr � y. P x d�, ' to1 ( mU Wrs opposed• to ito ,be ing granted beasuse t 1 . We tool it lower the value of tur property. of ; to* *a" salve is 1-2 residential, area where there axs , VOL dlderly people sad day slee rtt. muse such more traffic oi our street whioh will be an aoari► m�eaoe to gar. R � xe fail there to ahead lint � � y of zoned property nearby available for this bind of busiaesm. Therefore it is our wish to beep {U� • busindhr where it should be and out of an R-2 residential area. an "d6 �J)Lfi 7�7 1'86 P �1 r JJ r r 1 71 WAL 1. V f I Ion Y •ff r' •1 �, 4 w / �' Fq I� .f1�� ..� .. •,1`'!Y'3�1k, C ,'.Y ,. ..III:�7�► a1An. .. ....�4 r ram... i WIFE �Ir ` } 1 r LJ '-i �•1 1 h ¢��, rx , 1 V ,i Y a_. r �. ,} 1 M1I'+i �' •1 . F , 4 i.n� 'w V• 1:9s rMw '' ', t - ri �"1� 'i' f ''V:I tint I r.. ILL � i 71 vrP Nvotlogtom 1818M PIANN419 Commission P.O. "X in CALIFORNIA 00W April 15 o 1968 k r{. Honorable Mayor and City Caunail nil il. APPROVED BY CITY C;0UIVC11. &3ington Beach, California -APR 15 1968................!9....... gentlemen s ........_......... . . .. ... .. ... . • ... ,,....., fhe City Council at their March 18 1968 meeting approved o'• Conditional ception 68-1 permit•;ing reduced street widths in Tentative Tract Yap 5562. This action was taken as a result of the planning Commission' s decision to deny Conditional fteeption, 68-1 and Tentative Tract dap 55620 a the Conditional Exception was approved separate Although P P � �. action must be taken on the tentative map in order to have oomplete approval. It is therefore requested that the City Council- take formal action on. Tentative Tract leap 55620 If it is the Counoilt decision to approve the tentative tract map, the following Conditions of approval sure offered :or your considerations a 1. The tentative map received January 109 1968 shall be the approved map. 2 . A six ( 6) foot high masonry wall shall be constructed along the north and east boundary of the tract. The i wall along Via Straiten Drive shall subetantially { nonfarm to the perimeter wall on the north side of HamUtrn Avenue. 3. That portion of "C" street situated between "a" Avenue and Hamilton Avenue shall be shifted westerly to the approximate location of lot 2 and shall have a minimum width of 60 fte 4. Waterfront Drive shall be 60 feet wide . 'Y, 43r7�;�ya } ,,,;• � + 1 Y�',,F ,{ J' �;, L 1^4 ` •.,d��.' [ ' ti.•lY r+,;p 7il,i,.. . 1 .;/f9L1".IT'•..•�. (°YI• :;y�;�L�r 1M 'p►"`. 4 r1 r� Lp r 'I r , i I' 1 1 „ w Pe 56 "D" Street shall be oontinued northerly to the north boundary of the tract 6. All utilities shall be installed underground. � 7 # J petition for rezoning to R-1 shall be filed prior to oibmitting the final tract map to , the Aity Council for approval. ; so UI '"Standard Conditions of Approval" for tentative► tracts that are applioable shall be complied with. Reeptctlly a mitted, IA K. As Reynolds a � Secretary to the Planning Commission ; •�I 0� �YY c� l ;r •11 a a L4,y •�+iFM r, IZ� `, i yVr `I ti ` Q � � � �`�f �r'7� 'ram a• v x ° S 7H 1 a. I"�, r v• y k + J r,,Y h!'., .�,if MIr: �' i,F' ,Til� RI� �1�, � 7,.,,� ,t ,�y, •� rµ K Ire !;•�,� ��� }, 1: "• rh�',M+ r`Ii 1 •� it ,��{I in J f{•",'( "ti i r, r t•1 �j' �� M 4� ...H.,S�/i. 4� fi! � 'r II 0 ti�'J�� "� 1 'iv �i. !.'+' f''� �I� ,J v�}}�f r � �r ` '�•' {t .+��Ind '•,�'+ �w/y `' �l h,� '�'��a,.'.'f��. �Nr •�r �i ti ii to '�•••, •� •, y r+•:. i Y` � �,.1�' .�r �l�Y•r y i lti�a �0 o i+v �i 1 r �. ' . � r . '+'. pY�ryq'' t � � �•�� ��r� a i,'.• J+ w f 4 v`,i nM� f �y ; 11 �"�•r?""jam• ti '� •C'r:• ,!. � ` '` ,. 't > F, a, '• }}ma�yy w` 4 + PROr�...•,�� �5. fl�1 T*[/`'ll',.P ,JrIR •7•��i.�•�F q. !� 'f'Xr. I 3 � ,.wr'm� >; 1 �1 NIetlINtee luck PIe01ieN cersSIS11ee P.Q. box in CALIFOIkMMMA mom 01�rrh 180 1968 TO: HONORABLE MAYOR AND CITY COUNCIL P : Planning CorApission SUBJgCT:s Cond i t ionni Exception No, 88-1 ' ATTENTION: Doyle Miller, City Administrator Paul Jones, City Clerk ,�,�., Get►t:len+atn: Transmitted herewith is Planning Comission recoeamenda-ts r Lion for denial of Conditional Exception No. 68-1 : Avelicant: William J. Krueger 14482 Beach Blvd, Suite W Weatminster, California Location: Northeast corner of Hami l ton Avenue. °ay and Bushard Street, in the R-2 Two Family Rosidence District. 'x CE ,Pest : To permit reduction in street widths within proposed Tract No. 5562 . Qi Reasona given—by W21icant: 71 �wwww�ww�I�lY AAas�.r�I�wY��� Similar requests have been f=diate ted to other developers in the .area, y Planning Commission Action: Denied and recommended for denial by the City Council for the following reason: 1 . The applicant failed to prove sufficient hardship. Respectfully fitted, K. A. Reynold Secretary, Planning Commission KARIM i MAyI , yr, r tijn. t r r,a 'I, 4 i �0•Ct� ' I '!1 '" I,I ) �' y,', ^ r .I a,fl ,� _ l ,.tik',T !{;^.—�i�`',,,'•Nd,lya.,, .y+}e► wk ' ,�v Y•• Vtk "'!�' ' *,' •Y{, �;.• I' `, y , •� ��!. 31 �'" +• , 1 r . this J nl !r Y 1 i• A {�y 4$tx NO E, 4, March 11 19 68 I Nonatablo City Council City of owtinsten Jklach Runt iogkon leach, California hereby request that the City Council consider tan- ' tative Tv ct 536i, uh�ch Mav deztl.ed at the Pla n►#, C irsio�t weetus of Ifar+ch 5th, at your next regularly sch*duled meeting Of Xatrch 18th. we ire appealing their decision because it is felt that there was insufficient justification for such denial. Respectfullyy SHOWCASK HAS William J, , ruager, Pre ident. + �t`-, r '. t d. '0 h lla ^+�da r j�+�YWi' 1 y 1B t �'RA rl .o� } y ��� i. 1d a/�r7w�y k, r � ffa�+ �#gyp�+ h1•p ° ITi � ' I+✓ _ rt'`•r{ �sl� Pt ,i 9Prr , �• r l"6 � '•!r' A * k� v'Ml,�',{1.ak ''Y i h) '.Y"k P aH ' L/ a�` y}�.�fMl •FR 4 R � I � „ ' S �'M� , f .� �' ,�7'�7i� . �tir,�,. ,YNy� I'I. �a ;•�w ,IYSf ' Nfi 5� n L �a��;��JM; ,�:M rlil �'�� Ii %,i, '}�f F ;'{ 1 �1,..,1�Tr M �+ ♦ '.r'i + k 'I,q +'+IkR�1�k rG ,i, T��i, emit b#'tAE'�,i�M''�s�G'Ms 'l `..a� 'aR,�;.��++`!��',r�'�'�+1�'�.,d'J*lrf ���' +'�M'�•!'���1�'I'�1. .�•.'ti"�'•� :°�b4'Ngblr'� n 10 Nil logtoa such P101111 Commission ' r P.O. sex I" CAL.11r0i IA ? 171. s , f M Doyle Miller, City Administrator ?Mt Richard A. Harlow, Senior Plonner HATE t March 11, 1968 The following information regarding Tentative Tract + r-1 i s ' i�9 too . 5562 . atnd Conditional Exception No. 68 . sisbeit'L'ed per your requost of March 6, 1968: � . ,: Tentative 'Tract Map No. 5562 consists of 129 lots on 27,05 acres of land situated at the northeast corner of Hamilton Avenue and Bushard Street. Con- ditional Exception No. 68-'1 requested to reduce• street widths in accordance witKermission the Policy Statement adopted by both the Planning Commission (August 3, 195) and City Council (September 7, 1965) . This type of request. has corsietently been approved b both the PlanningComission and City_ Council since 1965. The Planning Commission originally considered the Tentative 'Tract and Conditional Exception at their y� February 20, 1968 meeting. Action on botch items was continued to the March 5 1968 meeting to allow time for study of the recreational parking needs on the Edison Cotapan easement s.dJscent to the Junior High ` School site abutting this tract on the north. The Tentative Tract and Conditional Exception were reviewed at the March 5, 1968 meeting. After consid- eration of the conditions for approval outlined In the Subdivision Committee Report and public comment byy a resident from the Villa Pacific Tract and the appli- cant, the planning Commission approved the Tentative Map subject to conditions outlined in the Subdivision Committee Report with modifications . R 1 � �,1, i�rt ,i,t' Va�id R, M r Y ; 'ny ,•8', " P, r y r + ':� �N �,VfS.R� iy�� f rYi1tY_ { i 1 .�•, i '.r r ,., R 'rM ff,dl( d S Z r r a'�i#�•i t SFr ' W a s e, v. «� ;�f r, M} ,•t ` ,, . ! won Wff S ,, ,..tl!! 'Fr1yFR ' '.rri Na+l' .� dY:s �' '•jQ 1. ,•i.. 'T i. rt' . .,1✓ .hr!r r , Y i A mt�.oa to a�rove theCandiiionrrl gxcapt�.on was wthdr after tho Asi tit City Attorneyp upon request �a by a u . A ' of the Com Lseion advised the Commissian that the reasons given by the 4 Meant for fill the requast did not to e p •; . elude a p reical hardship, there the did not rovtdo a 16501 basis for approval. The Commission then reecleddd •'their ori#inal approval of the Tentative Tra:t and denied both ' the TentatLve Tract and Conditional Exception. The reason r given for denial of the Conditional Exception was that the applicant failed to prove a hardship and the reason for decry- ing the TeY.tative Tract Map was that the Conditional Exception was decried causing an unworkable situation. Y �A It was the consensus of the Comission that , unless a hardship ' could be proven similar requests will also be denied until an ordinance amending the subdivision Ordinance is enacted. In order tb expedite enactment of an ordinance, a public hearing for the purpose of permitti. reduced street widths will be hold by the planning Comiee on on April 2, 1968. y, Enclosed is a copy of the application for the Conditional Exes tion and the ordinance pertaining to exceptions to the tubdLvision QxL nrnce. . t 1 quo i I SUBDIMSIONS 61 ai����liAll.��1t•���gt•+IPI/Ii1/� so 9 ARTICLE 996 I EXCEPTIONS 8. 996:i APPLICATION: The Planning Commission may recommend that 'fie City Council authorize conditional exceptions to an; of the requi:emonts and regulations set f,)rth in this Ordinance. Application for any such exception shall be made by a certified petition of the subdivider stating fully the grounds cof the applica- tion and the facts rel.iod upon by the petitioner. Such petitions shall be filed with the tentative map of the subdiN .lion and required filing fee. A fee of 25.00 shall be collected for the use and benefit of the City and shall be deposited in its general fund. In order for they property referred to in the petition to come within the pr6visi one of this section , it shall. be necessary that the Planning Commission shall find the following facts with respect thereto : (a) That there are special circumstances or conditions affecting said r property. (b) That the exception is necessary for the preset- v'ation and enjoy- Mont of a substantial property right of the petitioner. I (c ) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated. (750) ' 9 1 1 Plgnnin ,C�or--_,,sion Action: Oft1 (a) In recommending sucli exceptions , the Planning Commission shall secure substantially the objectives of the regulations1 to which the exceptions are gr-�Rrited , as to light , air , and the public health , safety , convenience , and general welfare. (b) In recommending the authorization of any exception under the provisions of this section, the Planning Commission shall report to the . City Council its finding with respect thereto and all facts in connection therewith, justifying such exceptions , and shall. specifically aid .fully set forth the exception recommended and the conditions designated+ Sg S,,,w 9�61;,2 CIJy you it Ae on. Upon receipt of such repent , the y Council may, by rosolution, auth arize the Planning Conwinsion to approve the tentative map with the exceptions and oonditiens the City Council deems necessary to substantially secure the objectives of this Ordinance. w 9b a M.ons � AV o1/..w.....,... ., aMI 1ASIUM ACTION GATE , . C APProIE4 C3 FAMOTOCN&LY rp H • , wttl �rN ti OatJIMCIL ACr M Me Q BUSt MD, COMMit! MIll . C3MWfKWO WITH G�olNlalrr OTHIR THAN 000—Mr, " ,� ,� �.t '. t� �v t Gf'�S utcT�.,•J M1ITMDRIMIIM E 0FEC T IVE DATE LOCATION IRTV 1 SIt OF T TRIM SMEE1 NAME * DISTANCE FlKW NEAREST MMTEMM ItMG STRUT) LEGAL DESCRIPTY31 ~Te.� ef� rwa 3w /4-00 r#0 46- fi.. �,i• 5�., 2. 1* Lt1) y ► �. .. i , T TK11�i --. ga �'0WAAT'EI.Y OF Il K SPACE IS REWRED ATTACH A!]Uor;OMAL. PAGE8 ) e) WHAT EXCEPK`Ii 1. CIRCUMSTAMM APPLY TO THIS PROPERTY (NCLUDINS SIDE 0 �M�'E T O tA1NfY� LOCATION OR SUAROUiMM MMS) THAT DEPRIVE TK 3MACT rrvirE�'TY OF PMVLEWS EIAliO IM ON OTMR PROPERTIES IN THE VICINITY AND DIVER iDEMTICAL ZOM CL.A 11wATIM ? -row t'A.crS �t�e�r.� �.o•� '�� ��.�'vv�tom► +���-••���►.rr �es� IM�Rr��s�..y t p) MiII.•L. THIS COISiiTIQNAL EMPTON COIMStMUM A GRANT OF SPECIAL. PAIVILESE NMOCMiIsI�'1�'w, IFAT14 LMTA'PIaN! UM OTHER 1►NOI�f ITIES IN THE WCI',WTY AND UI'lM 11)EMTICAL r CL ASSII�ICATK1 C) WHY IS TNIS ' 0MITIONIAL EXCEPTIM NECE'SUM F044 THE PRESMOTION A006 ENJ0VMEMY OF OM OR M ME SUBSTANTIAL PROPERTY FUGHTS � it mo " vp adpow 70%% Pr s I •�+ A �e�, 4 ftcoo t • 01 Wffg KASOIMS MlW THE ~TIMG OF TICS COMW OMAL ESCEPTHM WILL MOT' a IwA' -t.Y DETRIN19 MTAI, TO TMM pVMLIC ALF`NRE OR NWU1iM0US TO PRDPCWrY NJ TM SAME ,i1 W CLASMF'IMION. W ,T*oj T" 1 h*o%a*- f%rb r ^&m�,. A Tyr t THE rf=19 ) SUPPLEMENTAL SNEET MIJSY 09 AW $ISO= EY THE APPUCAPff y z (Conditional ftcepvi ') �rt t a y L Tb0 apphlca y Lon must be t7ped or printed and fiiled 2* An sppf•al to this C f. ty Council of the Planning Commi,ssiou t�s�� f�sivs may bey and must be filed with the City Clerk withIn 10 ►ifter such decision, All Planning Coamis ,ion. dpci!5i_onu beoomc 4ays after such decision is rendered ., unless xppe,�lt�i , and in z.o cage shall permits or licenser be until, Stich time h;t6 lapsed . �+. eN ,-rai.t or (.1on�.litional• Exception becomes null a.ud void if oonatiucti,on has not start(:d within one year from date of final. approvtil , 5. The 01•�y Council may revoke any Use Permit or Conditional FxGeptlon whs?t the intent has not been aocompl.shed within a pe-c iva of aix months from the date it was granted, 6. I ; a Une Paxizit or Udziditional Exception hac been den" ed , t:n application cation covering the same pi-emis~es for tzar same or az .wt.lar use shall be filed or c.)nsidered WI,thiii th perlol of one year from "Ie d.a to the1- det;ar- zInat:t(,n be-came firialt if t-.e app+.:icax'.;t is spot the property owxnrjr, a letter of orl-ociticx., from the property owner ati thorizi,ng the appl.:J.nant- to act tr his behalf miss t the. So All applications must be accom a.nied -.rith 15 plot plans that have a minimum sire of 8YP x ill' (or 10 plot plars 24" x Sty" ) and conform to the .folloving requirements ; � (a Draw 4o noale (o lnrlicat;e the Scale (c ) Tr,!+.i,aty gore north point (d, Plots the entire parcel e' Dimension all pertinent data t f.• plot all exIsting and proposed physical, .t'eatures tg tn4isate all street names I,h Bimension to nearest intersecting street W Banc =d address of recorded owner i Nazr e and addrese of purohaser (if applicable) t k) Name of applinant, address ara+d phone number r � , Signa► ure