HomeMy WebLinkAboutConditional Exceptions - 1973-1974 - 74-67, 74-51, 74-43, 74 ,
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'Affidavit of Pia licadon
statiq of CAUROrnia
Conn.:- of Orange
f i My •!,Huntingon Bch
j Ca.zvge Nar%uhar, being duly sworn on oath, says: That he Ix n �[
citi:en of tho United States, over the age of twenty-one years. V
That be Is the printer and publisher of the Huntington Beach
News, a wttkly newspaper of general circulation prin•ed and pub-
iiahed In Huntington Beach, Callfor;iia and circulated in the said
County of Orange and elsewhQre and published for the disseniinatlon
ut locacl and ether news of a general character, and has a bona fide �
subscription list of paying subscribers, and said paper hat been .�established, printed and publishert in the State of California, and
County of Orange, for nt least one year next before the publication
of the first Insertion of this notice; and the said newspaper is not �
devoted to the irterretsst ol, ur published for the entertainment of any
particular class, profea3ioA4 '!Made, calling, race or denarntnation, or
any nwnber thereof,
'.L to Ifunti:tgton BeaA New was edfudicated a legal newspaper
of general eircula'aun by Judge G. K. Scovel in the Superior Court
of Orange Oounty, California Augimt 27th, 1937 by order No. A-5931,
That jtU ABPFAI_ TO DE,NIA1
I
of which the aiu mum is a printed copy, was publlslted In .salt: nex•s-
• ,w
paper at least ono 1 a f3 UP
&Ymn enciag frown ttw 1 t h "y of j'p h ruP ry _
1j2 ' OW ending on trio U t)1 rtay of a}:r u n ry
19 L5 .,, both days inchwive, and as often during said period and
tunes of publication as saal.l paper was regularly issued, acid in the
regular end entire mete of said pewspaper proper, ant; not In a
supplement, and Bald notice was published therein on the following
dates„ to-wit:
- - - - FPb. 27 . .1925
G -
-bU&her
' tubacrtbed and swax to before me this ?13 t h day of
FP>^rl3A T a915
�a Na" Public
jOF Orange Cmwty, Califm-."
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' M(WAS D. WYLLIE
Notary pa wte-califorlra
Ota"a C.vety
l lei► COMM1164% I&'lr$o 41
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Publish 6
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Postcards 45
WTICS 07 P0i LIC MARIN
M "• ton No. 74.67 � 1 v ..•�
WrICL lit NZhnY GIV= that a public haarind will. be hold by the
City Cowell of the City of NmLisaton teach, to the Council
Chamber of the Civic Center, Natindton Beach, mt the hour of
Z129 or sm sea+► thareefter as possible, on McndAY
t loth day of ,� `� , 19D...0 for th* puxpne of
caMidrriV they dental by the City rLauning Co®mission of Conditionol Exception
No. 74-67, Said c.ondi.tl'onal mxce:ption ire to permit w reduction of a total of air.
(6) guest parking spaces, in lieu of the Suest park+tag requirewnt of S. 9310. 22(c:)
of the RuntlaSton peach Ordinance Code; and to permit c radtiction in the recreatien
and leisure requirenant , in lieu o+ S. 9310. 27 of the Huntington beach Ordinances
Ceei6; furtbetr, to permit a give (S) foot encroachment into the miauzus interior aide
yard setb+r0 for geYrges, in lieu of S. 9310. 16 of the Huntington beach Ordinance
Code, Subject piroporty In located at the mouthueat corner of Constantine drive
and Lister Look , in an k3 Medium Nigh Density Resident-Al DiMtrict.
,1
All interested pesaom ON isvitad to attend said !nary and
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UW004 th0tr OPi wiOU far of 048JU t said Coed it ions i .1BsRevt iaq
1a1e146tiet my be Obtained fvm the Office of the City
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BOARD of zoninG ADJUSTMEnTS
.i� CITY OF HUNTiNGTON BEACH -CALIFORNIA
P.O. BOX I"-926U
' !" "I(714) 5 36-5271
i
NOTICE PUBLIC NBARrNG
DATE : January 7 , 1975
_.._�. .��
APPLIGANT s Classle Development Corporstion -
APPLICATION NUMBER :
Conditional Exception No. 74-67
NOTICE IS HEREBY GIVER that a Public Hearing will be held by the
Beard of Zoning Adjustments of the City of Huntington Beach in
the basement of the Civic Center , Room B—B , 2000 Main Street ,
i City *9 Huntington Beach , C&Iifornl.a, at the hour of 1 : 15 P . M . ,
on Wednesday, laau ry 121, ,1„ 5 _ _ for the purpose j
of considering a petition for a
To pzrmit a reduction of a total of six (is) guest parking
spaces, in lieu of time gutsy., parking requirement of S.131.0.22(c) of the Nuatington
Beach r3 rdinances Code; and to p,%rr!it a reduction in the retreat ion and leisure re-- i
quirement, la lieu of 8.9310.27 bf the Huntington Beach ardinAnce Code; furtherm
to pnrodt a five (5) foot encioacbaent into the talaimuta fnrer;or a As yard setback
for 6wrages, in lieu of S. 9310.16 of the Huntington Beach Ordinan.e Code.
Thel eruthwast corner of Constantine Drive and Lister a,ane.
in an Ili, Blsdium Righ Deveity A4&ida'ntit_1 District.
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A legal description is an file with the Planning department .
All intesroste4 peruons are invited t,. ' attend sold hearing and
e:preas their opinions for or against the proposed petition.
Further information any be obtained from the office of the
Secretary to the loard of Zoom$ Adjustuents , it, the planning
De►partwentp Civic Couter, Huntington Desch , Calitocnia ; tole—
, pba n musbers (714) 536-1272 .
ii�l truly Tswrsl.
■.1. -It AIW.�W�y
earl of Sonia$ Ad,)uexsamats
Kv sic Developeaut Corporatiaa 12-20-i
.,mow
C.Imsta t Corperstlsa sk
12700 gwtt street 157-402-12 kk OcC�R
Qrdan Oro m, Ca1Lforaia Adolph Asuch 02l1 Cberrluood Circle
ak 633 East Sixth Streit Bnatisgtoo &who Calif.
Lung Eeacho California W812 92646
Oruge CowAtp Famed Astrid 1,57r-40� 157'�-491-9 ah
P. 0. Eoa 1078 '` at
Occupant
Banta Ana, Camforais 92702 Ado Eauah 8285y Marpywood Circle
Uk amel"tom Befthe Gal if r
92"6
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t of Transportation 157-403-01 .k 157-491-9 sk
Vieth SprLrg street' ,John Seerell Occupant
Lm Angeles Cal.ifossa►ia 18862 Lleter street 8287 d+refroed Ctrtele
90052 eunr�tan Duch, California
Huntington Beech, Califo�..i,a 92"6 92646
0. C. fiabdtatLdo District 157-403-02 A157-49L-9 ok
Pred L. -Earper, am. Nsr. Ralph X. Davis Otcapent
Pb 0• Ba'a 8127 Frank L. Ciarelli (268 Cllerrywoo4 Circle
pacatelm Valle, California 1$882 Liatet Staeet smttjtoo .the Caltfor+sla
e 9270S Huntington Bch, Calif. 92646 $2646
Beach,
gmt1matom 8e+rab Union 57»40 A1,57-491-9 sk
sigb school. District 1 �t73 Oce"Pant
191D2 17tt� Six�ert �• Yaassri b= d Circle
gmtu*ton seas},, Calilu=ia 18892 stater Lane umtingtc.n Bomb, California
92646 92646
Beach, California92"69264b
atiogtoa Beech newimatwy 15-491-9 A
b lird L.
-Aidal Untsict Udhar L. B.r®1i Odevffit
P. 0. Soso- 71 8276 Chcrrysaod Circle
awtinstoa bwh, California amti gtonListsr .ch, mmiogtcan �Cb, Cs".1famia
t�Mc 92648 l�totiYigtaa Bwch, California $xi46
9264b
.3357- 2-,q{ 157-491�-5 sic
C 157-'gU3-a5 AOccupant
e Robert N. Opfer C252 cherryro*d Circle �
18912 Lister Lane lhatinstan i,saah, Callenmia
Ear.wingtaa Beach, California 92b46
92646
137-4JZ--01 sk &51 -401-9 157-491-!. VOL
10
4: ad Occup"t OnCV=t
1 1 slates Lme 8266 ebatryaod Circle
Hq�ahlagtaa tech, C.aliftrtuia 8267 1 circle Iti tQn 1e rb, Califdrat'a
9?646 ihwtington Beach, Caltforais
92646
Elk 157-411�-9 sk
tI 1 B. UUILUO Oce157-493-9 aut 0ccup t
7 duo« 827L ftre:o $268 -Chi ry W Circle
?71 circle
i t ate b,,.Cal.ifomia 9yatinBtoe bwcht Celi`oroi�t awtingtan Iambs California
92647 926446
15' 7-402.4X A 157-491 9 irk 157-491-9 sic
MW140 J.
0acs t 13A02 **tlw n d Ctrs'
ti4toa saw*0 California 8279 Charrywood Circle amonstwt Oaf, Cal
. . . . . Huntimtom ll"cu, Qd1f. 92646
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L7u4m A• WIMUs
M��l�ad � 21�► !r ��aat
C�,a�traa uar� Ca`il�4atel+rr wm►tsastm , California
92 92"7
337-411-27 ALI �
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:106tingtun Bench Planning Commission
P.O. Box 1W CALIFORNIA 624"
TO: Honorable Mayor and City Council
FROM: Planning Department
DATE: March r , 1975
ATTN: DAvid D. Rowlands , City Administrator
RE: tionditionnl Exception No. 74-67
APPLICANT: Classic Development Corp.
12700 Knott Street
Garden Grove , California
LbCATION: FoutAwest corner of Constantine Drive and
Lister Lane .
PAMEBT.- To permit s reduction in the required off-street
parking as per S.9310 . 22 to permit a reduction
of the required .oper. space as per S . 9310 .27 (h)
afid reduction of the required interior side yard
setback as per S. 9310 . 16 .
STAFF RECO)WENDATION
The staff still concurred with all previous discussion and findings ,
in that to require open ,apace, parking and interior side yard re-
quirements would create a hardship. j
PLAWrNG COMMISSION ACTION:
A motion to conditionally approve failed and a motion to deny failed .
Therefore, the Commission in a reconsideration denied Conditional
Exception No. 74-67 for the following reason and by the fallowing
votes
ON A NOTION BY KZRIN3 AND SECOND BY GEIGER CONDITIONAL r'XCEPTION
NO. 74-67 WAS DENIED ON THE BASIS THAT NO H&RDSHtp HAD BEEN SHOWN s
Vrmc
AYEBs Geiger, Kerins, Basil, Higgins, Finley
100E8: done
AUM s Por.for
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PAGE TWO
Commiss,ioneri: 3azil , Higgins and Tinley stated for the record that
they had changed their vote for the Purpose of transmitting the
matter to the City Council .
OWN MOTION BY KERINS AND SECOND BY BAZIL STAFF WAS DIRECTED TO TRANSMIT
THIS APPLICATION TO THE CITY COUNCIL BY THR FOLLOWING VOTE:
AYES : Geiger , Bazil, Higgins, Kerins . Finley
NOES : None
ABSENT: Porter
SUMMARY Off' STAFF REPORT:
The Planning Commission at its meeting of June 5 , 1973 originally
approved Tentativj Tract biap 8270, Use Permit No . '7 a--20, and Gonditi,nal
Lxcaption No. 13-26. The developer subsequently a;Llowed Lie Tentative
Tract and Ilse Permit to expire; necessitating, a complete r:efiling of
all appli castiens for the pro4ect. The required new applications to
permit a It unit condominitun on 1. 25 gross acres have teen riled and
are identical to the original site plan.
The Subdivision Committee reviewed the Tentative Map and Conditional
Use Permit at its January .3 , 1975 meeting. The Committee endorsed the
concept of the Planned Residential Development, hiwever, it was a con-
sensus of the Committee not to make a recommendation on Conditional
Exception 14-67 but did indicate that the request should stand on its
own merit.
AnDI'TIONAL INFORMATION :
It should be note. that Article 931 (Planned Recidential Developments)
was amended after the original filing which made it necessary for the
supplicant to request relirZ from the open space and interior side yard
setback requirements . The originals request was for relief of the off-
street risking requirement.
ENVIRONMENTAL STATUS :
The Uvironment.al Psview Board granted the proposal Exemption
Declaration No. 73-48 at its meeting of May 1 , 1973 .
SUPPORTING 1NFORMATIOIr SUBMITTED HEREWITH :
1. Staff Report
2. Environmental Review Board Transmittal
3. Area Map
4. planning Comission Minutes
Respectfully submitted,
UT
chard A. Marlow
y secretary
lop?
RAErJNCagc
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PL1R"ING COlKMIBS ION ,
.0 PLANNING DEPARTMENT
.;
DATE: February 4 , 1975
"WTATI'VE TRACT NO. 8270 DATE FILED: 9/1113/74
,1lpwI CA11'r Classic Development Corp. ZONE : R-•3
i 12700 Knott St .
8115DMUR Carden Grove , Ca . GENERAL PLAN:
El�ixp: Ronald Martin
212 DuPont Dr .
+I•i=vine l California ,
UXATION: Southwest corner of R
C6nati tine and• Lister �� s
To permit the subdivision of
a 1 .25 gross acre parcel into
12 condominium lots and one
coanmon 10t.
1.a GUNPAL irrIPO TION:
The original Tentative Tract Map 0270, Use Permit 73-20 , and Conditional
Rxeeptioz 73-26 were filed and subsequently approved by the Planninq �
omission on June S , 1973 . Therefore, as no request for an extension
of time was filed nor was a final mare recorded within the one (l) year,,
ail applications an the project becat:a null and void. The .developer has
tub► refiled Tentative Tract May 6270 and a new Conditional Use Permit
74-22' and Conditional Exception 74r-67 to permit they subdivision of
approxinately 1. 25 acreu of lan.; into a 13 lot Planned Residential Develop-
ju »t. Their 'now applications are identical to the origiru :L fi .1-ing with no
4 • aubowgwNet change to U-se tentat .,Je map or site plan.
%i* la rW use and aoning of tha property has not changed nor has ether dat:A
Ew,h ate General Plan, R a►vironment l Status and Statistical Analysis of the
o jOat changed.
i raview of this information, please refer to the original staff roport
'4r'd M"with. This Planning Coftnission Minutes dated Jam 5 , 1973 aaro
*or revi*w of prior Comissior action or. Viis project.
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TUTATIVE TRACT 8270
pIAOF T►4U
3 .0 SUBDIVISION COMMITTEE REVIEW:
Tho Subdivision Committee reviewed Tentativc Tract Map 8270 and Conditional
Use Permit 74-21 at the January 3 , 1975 meeting . The Committee endorsed
the concept of the planned Residential Development on this property) how-
ester, it was a consensus of the Committee not to make a recommendation on
Conditional Exception 74-67 which has been filed on -this project, but
that it should stand on its own merit.
4 .0 f F$C IF IC INFOMATION:
It should be Noted thist Article 931 was amended (2, 1974 by Ordinance
1844) alter approval of the original filing by repealing the exception
li arc wisiohn of the article. Therefore, i became necessary for the
applicant to &pacifically request relief ..rom the requirement of 10 , 000
aqr. ft. of open space in one area of the site, a 5 ft. setback for garages
catiiy on the westerly portion of the develop±nent, in addition to the reduptior,
in on-site parking an originally requested in 1973 . The Staff still j
concurs with all previous discussion and findings, in that to require
the 10 ,000 square feet of open space within one area on the site and
six additional on--site parking spracos would create a hardship.
5S0 MC01MMATION:
In view of -the above info.rmat.ion, as well as that additional information in '
the original staff reports ,, the Stal.f. recommends approval subject to all
original conditions of approval as required by the Planning r7onnission
at they dune 5 , 1973 meeting.
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srAFF REPORT '
TO : P LAN M I N G COMMISSION
FROM: Planning Departwent DATE : Jur..e ` � J1973
CONDITIONAL. EXCEPTION NO. 73-26
TENTAT I VA TRACT NO. 8270 (Coat. 5/15:73)
V$B PARNIT NO. 73- ZO (Cont. 5/15/73) ZONS : Rl
APPLICANT: Classic Development Corp . MASTER PW : Low density
12700 Knott Avenue
Gordon Grove, Ca.
LOCATION: Soutimost corner of s«ra
Constantine Derive and
Lister lane
TT REQUBRT: 11 Lots ; 1. 26 Sr. acres �
OF RBQtMST: To permit construction of �oirrea`.a
a 11 unit planned residential 1
development '
CE MrAUSS�; To permit a total of two nova re d parking apwces per
unit its lieu of S . 9310.22 of the HBOC.
G8N13RAL IAi ORNATION:
Tentative 'tract No . 8270 and Use permit No . 73-20 were reviewed
by the Muinin Commission at the May 1. 19ti_ neeting and were
continued to allow the applicant tima to revis
Include an additional six on-site parkkn,g spa ,�:es . 4o applicant
alto requested a subsequent review by the Subdivision Coinittee
for the proposed project.
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SUBDIVISION, CO MI'TTEE REVIEW:
I The Subdivision Committee not with the applicant for a second �
tip on A A 18 , 1973 at which time the committee roviewed an
overlay of the plot plan hrying the additional six onvalte arking
spaces . After s lengthy discussion it was a consensus of the
coemtitteo that to require additional curb cuts whic4 in fact
would eliminate 4 to d on street parking sppaces was not in the
beet interest of the City because circulatiaA and traffic flow
upon the �!%%lac streets which abut the proposed project co three
sides mould be restricted. The committee also felt that to
C r*401,re an additional f on-site parking spaces would be detrimental
b reducing on-ai•.o landscaping and o erg s ace as designed into
tKe site lane The applicant was in�orme� that to pirrsue a
rod�uction n cra-site parking a conditional exception would have
! to be filed and reviewed -.oncur•rently with the tentative map and
use %mi t a l
Pe pP cation.
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.,,staff Report
Conditional Exce t Aon No . 71••26
Tentative Tract No . 82`0
Usa Permit Nn . 73-20
CONDITIONAL sXCEPTION REQUEST :
Conditional Exception No . 7.3-26 has been filed by the applicant
to allow a reduction of the six on-site guest parking spaces .
Roason given by the applicant for the reduction in parking :
A disproportionate portion of the roparty IS being
,dedicated and improved on ghee (3� sides such that
oighteen (18) street parking spaces are created.
The staff concurs that the shape of the property anti street
configuration place a hardrhip on tho property .
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ADDITIONAL STATISTICOIL ANALYSIS;
1 . Student genoration based on the most recent information -
j the project would generate 7 . 8 olementnry and 1. 64 high
school students or a total of g stuWents from the proposed
dove lopment.
2 . City Revenue/Expenditure
Net gain rr r loss;ac/yr + $434
3. School Revenue/Expewdituro
Not gain or loss/ac/yr
Eleiaentary School - $1108
High School + 18S
Total/ac
L BOAT ION
In view of the above information , the staff recommends approval.
of Tentative Tract No. 8370 , list permit No. 73-20 and Conditional
gxco tion No. 13-26 with the conditions as outl.iced in than
original staff report attached herewith,
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MMMI. EXCIPTUM NO. 74-67
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`: �RMI�TIM �llil�l111MIB �.
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a City of fP. unti ton Beach MEMBER
C RS
COUNCIL
EMblR
-- ..,..rsw�.+,r� r.+-..r�.+r+..r.wr•.+�+rw-rrrt 71W W Cartllrt
Noma Ilfranihl C=Gbbe
roan
Jar►r A. Matnav
Ounald 7. ShWlev
Mary 1 , :1.L),I
(:lassic, DewiIOptTI►_niI (;(} 1'E)t:) 1'Atinn
.12(0(' r'nC� tt: /��if.hilt,
G&I'd cn G rc)ve t i'a1 1 t It) ,'r, i R
This Is to advise you that the 19 dhy posting
pexiod has expired for EDP to -
es cripti on
I_,ts to r' Larie near Cons t.anf lne bz- i.ve
and the Environmental. Review Board has granted
the exemption .
It is recoml mendIed that you now proceed with the
processing of your project through appr•3priate
City channels as established prior to E . T . R.
requirements .
Yours y truly ,
'tom Severns , Secretary
Environmental Review Board
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y< 141nutes : If. B . Planning c::oiarni ss i on
Tues.lny , .tune S , 1973
Putt 4
4 . The minimun offset from all dwellinks to the Normal travel
lath of arterial, streets shall be 35 feet ,
S. AIA dwellings to be provided with forced air ventilation .
6. bull insulation of all exterior walls and ctilinas of
dwellings is required to help minimize the hitHen on
heating and cooling systems .
7. Disposal of building spoil , unusxblc: lumber , tarpaper ,
Mire , pipe and other excess or unusable waste shall be
cone at off-site facilities equipped to handle. them .
f` Development to be constructed with valanced power to
reduce passible overload on any one energy resource ,
p . Building foundations for this project should be designed
to wlthatand a maximum gravity ac:celeraLion of 7 . 5 ft . /
se1 . 2 as outlined by the Environmental Impact Report .
10 . All standard conditions of approval for tentative maps
dated May Z3 , 1972 that are applicable shall be complied
with .
A SS : Geiger, tezil , Kerins , Wallin , Boyle , Higgins
MODS . Porter
ANENT : Notae
Chairman porter stared that he is not opposed to development
but two questions are still, unanswered - liability of the city
In I:ho area of flood and the geoloSical fault zone . I1nti1
the, city has some assurance by the Corps of Engineers to
reclude i.naundat i.on by a project flood and in format ion. on
he w&uclt tons , no further development should be permitted
in those areas affe eted by these factors .
In Mexparise• to a quest ton by Commissioner Wallin , Mr . Bob
JoattO . Vice PresIdeent I Signal Landmark , Inc . stated that
to rot-mat ion relative to thei flood plain , fault zone and :school
,tuelti.an is provided potential purchasers prior to deposit
made on the property , not at the those of escrow. This
Y' Afamstion is also pasted in every sales office as required
tale
t 1 T OVAL 1XCEPT 1411 No. 7 3-2 d
CT NO* 0270 (Cont. S/15/73)
�I W . $115/73)
t * CiOsAt 09Y 19202,n, Corp .
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Minutes : N , B . PIitnning Comn, i isian,
Tuesday , June 5 , 1973
Page 5
'renzative Tract No , 8270 is a reque-sit for 3 lots , 1. . 25 gross
acres , located at the s0111.11wcs t corner of c:otistuntine Drive
and Lister Lane . Use Permit No . I3 -20 is to pormit con3truc -
tion of a 12 unit planner' resi.dential development . Conditional
Exception No . 73-- 26 is to permit it Lutal us: t;wu covered
parking spaces per unit in lieu of S . 9310 . 22 of the Huntington
Reath ordinance Code ,
The Acting Secretary discussed the review of the tentative
map by the Subdivision Commi.tt -e .
The Chairman opened the public hearing on Conditional
Exception No. 73 - 26 and Use Permit No . 73- 20 ,
Mr . Bob De Almaidx , representing Ron Martin and Associates ,
addressed the Commission discussing the plan . He stated
that the required parking can be provided on site , however ,
to Rio so would be detrimental to the project .
There being no one further present to speak , the Chairman
closed the public hearing .
Commission discussion followed .
ON MOTION BY HIGGINS SECOND BY BA7.IL, CONDITIONAL BXCEPTtON
NO. 73-26 WAS APPROVED FOR THE REASONS THAT' THE CONFIGURATION
OF THE PROPERTY CREATES A HARDSHIP IN THE AMOUNT OF IMPROVE -
MENTS RF.QVTRED, THE NUMBER Of OFF-SITE PARKING SPACES IS MORE
THAN IS ''14ORMLLY AVAILABLE AND TO REQUIRE ADDITIONAL ON-SITE
PARKING WOULD BE DETRIMENTAL TO THE PROJECT BECAUSE IT WOULD
REQUIRE. DELETING GREEN SPACE , BY THE FOLLOWING VOTE :
AYES : Geiger , Bszil , Porter , Wallin. , Boyle , Higgins
NOES : Kerins
ABSENT: None
Commissioner Kerins stated that he does not coAcur that the
reasons stated constitute a valid hardship.
UN NOTION BY HI GG INS SECOND RY EAZ I L , TENTATIVE TRACT NO. $270
VAS APPROVED SUBJECT TO THE FOLLOWING AMENDED CONDITIONS I, J1Y
THE FOLLOWING VOTE :
a
1 . The tentative map and precise plan received March 12 , 1973
sh&11 be the approved layout .
2 . A six (6) ft. hf;1h decorative wasonry wall shall be
constructed along the west property Tina .
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Minutes : I) . U . Pl anninE; Commission
TuesdIlY Y JIl:'IQ S , A1973
Wage 6
3 . i +ac 1:C"J1( ' ,, and Association rule -, sh ;i I I contain n ,t
1 imi ting the total numl)er of votes :+ t 1ocsted to rf�ni:a1
units to 49% of the total nui0er of votes of the associa-
tion .
4 . Full insulation of all exterior walls and ceilings of the
dwelling units shall be required td help minimize the
but-don of heating and cooling systems .
S . Stamped concrete shall he constructed within the parking
court Jelineated on plot plan received March lx , 197.1 .
b . All applicable conditions of the standard conditions of
approval shall be complied with ,
AYES : Geiger , Baz.il , Porter , Wallin , Boyle , Hi;;giris �
NOES : Kerins
ABSENT : Mona
ON MOTION BY BOYLE SECONh BY HIGG.INS , USE E'FRMIT NO . 73- 20
WAS APPROV60 SUBJECT TO ALL CONDITIONS OF APPROVAL IMPOSED
Oh TENTATIVE TRACT NO. 82 70 , BY THE HOLLOWING VOTE :
AYES: Bazil , Geiger , Porter , Wallin , Boyle , Biggins
NOES : Kerins
ABSENT : None
4r TENTATIVis TRACT NO. 8307
subdivider : .hares Nont&omery.
Tentative Tract No . 8307 is, a request for 10 lots , multiple
family , located at the northwest corner of Warner Avenue and
Sims Street . Tho property is zoned R3 and roaster planned
high density .
The Acting Secretary stated that the engineer has submitted
a layout for the PLanning C:,mmission ' s review showing a
s1 rvice road frontage with an overlay of the proposed develop-
nobt , In respq nse to a question by Chairman Porter , the
Acting Secretary stated that the subject property is located
within the Coastal Zone .
Mr. Louis Brazdevillej , representing the applicant , addressed
tho Commission sposking in favor of this project .
ON NNOTION BY WALLIN SECOND BY BOYLE, "TCNTATI VE TRACT NO. 8307
WAS APPROVED 3011JECT TO THE FOLLOWING AMENDED CONDITIONS , BY
Tiff', FOLLOWING VOTIE :
b. PC 6/S/73
ro
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AGENDA ITEM Fla
FINDINGS OF FACT
1 . The configuration of the: property creates a
hardship in that the addition4i required on.- site
parkint Mould require deleting green spate .
2. The street configuration (t-1te���rz�p���y �a- bvun�d
places a hardship on
the property , .,,A-`1 e '
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_40fidowt of Pu., cation
. Cowl'y*of Orange tie
City 0 Hunti.igtrn 1BeaCh ._.—
C'ieortie FaMuP:ar, being duly sworn on oath, says- That he I% a �{+v.�`r�1���c� �C � �' [• ���
dtim of the VAted States, over the age of twenty-one years, ,
That he Is the printer and publisher at the Huntington Deaeh
1 Newtr, • v.wkly newspaper of general circulation printexi and pub-
Uahed in Huntington Bach, Californla and circulated in the; said
County of Orange and alsewhere qnd published for the dissemination
at local and other rrews of a general character, and has a bona fide
xub* !ptLm Lot of paying suNcribers, and :said paper has been ,
establlshei, printed and published In the State of C:alitornlr, and
County of Orange, for of ]past fme year next before the publication
f of the first lnwrticn of this notleo: and th Bald newspalwir is not
devrtad to the lnte:vrrt of, or pnbllmhed for tht entertainment of any
particular class, profession, Unde, calling, race or eeno"- nation, or
any dumber thereof.
The 13uutington Bestir New was adjtndicated a legs] newspaper
of general cimilation by Judge G. K. Seovel in the Superia.• Court
of Or&nge Oounty, Wifurnic August 27th, 1937 by onlor No. A-5931.
Tic IV0TIQ L OF G'}� .�c`1JEARIT.4 z_
of wtJch the annexed is a printed copy, was published jr. said newo-
pepW fit ]bet �,6 H U t3 _
ooaanencing frcurr the . 21_Q t day of _ N c�y e rub e r4.
1tB.Z and elttlitiig are the day of Uriyg[Lh-ear
I
11.4� both days~ inclusive, and as often during said period and
tt►•
r Issued,dines o blicatfott as said Pape. was regularly 1s ed, and in the
Y
regular an, r.ntire Issue of eaid pewspaper proper, and not in a
i-upplvaent, and said iwt3ce ww% published therein on the following
dates, -to-wit:
Publisher
Sub mi twd w4 sworn to before me this _ 2 2 n ci day of
VeMber
Notary Public
Orange County, California
•iw�rr rw-ww�--r....-- �..-. ..ter.-w...+, � � f� `
TMOMAS D. WYL LIE
S Notary Publie•Cslifernia i
j Oraege County i
Mr Commission Expires
Septemisor 12, 1978 i
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AWKEMMIRM
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16381 DOLSA ChICA STREET • HUNTINGTON LEACH, CALIFORNIA 9276549 a (114)846-2856
" !YED
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P.eccmt�er .?, ]�ITP a En
Horiornble Mayor & City Counc:ii ,Q71( ��fi
City of Huntington Bead; Z ���� ,�� � 3
P. C. Box 190
Kuntington Beach, Calif., 926liB
Rh'; Conditiona'.i E'xcepti.ori 74 '1 denied by Ci tv P.1annina Coninis.son
f Gentlemen:
The purpose of this letter .is to file an extension. of the public:
hearing on Conditional Exception 74--51 to be held at 7 :00 P .M. ,
MQndW the 9th d%y of Decens bF r 19714 .
1 have receilied a verbal extension date by the city clerks office:
of Monday the ].Gth day of December 1974 . Please file this extension
date and :yet ug know by return mail the hour and place of hearing.
i
Thank you for your r_coperati_on in this matter .
Sin.^.crelY,
reZ1 , fe
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Paul Schumann
Secretary/Treasures
Fri/fir
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40I DOVER DRIVE, SUITF 120 + NCW ORT BEACH, ChLIFORNIA 02660 (114) 645.3b00
November 15, 1.974
,,•�, VALIF,
Honorable Mayor and City Council Y IS A�'f 11
Of the City of Huntington Beach
P .O. bcv. 1?0
Huntington Beach, California
On Tuesday, November 5, 1974, the Plann.in ComisSion of the
City of Huntington Beach denied the conditional exception No . 74-
51 of applicant Jack Andrus o►-, br_•half of Andrus Development Cor-
poration. That denial is documented on pages 6 and 7 of the min-
utes of seid Planning Commission on the date aforementioned.
Pursuant to the ten-ds t rule for appeals, Andrus Development Cor-
poration by and througq Paul C. Hegness , its attorney, hereby Pppeals ,
the denial of the Planning Comissiou and requests hearing before
the Honorable Mayor and Council of the City of Huntington Beach,
for the determination of the granting of a variance.
The reque-G for the variance is tc permit :a fine-fcot encro&ah-
ment in the rear yard setback ,at a location on the aorth side of
Pearce Street, approximately 103 feet west of Green Street in an R-2 ,
medium residentia. distric:t. The requested setback is pursuan4 to
and in lieu of @ 91' 63. 3 of the Huntington Beach Ordinance Code.
^ The variant . requested by the applicant should be approved for
the following rea4.ons
1. If the variance were not granted there would be a substain-
tial hardship inflicted upon the a#ppReant .
2 . If the variance were ranted the result would not be mate- �
riall.y detremental to the public health safety and welfare, nor
s: would there be a resulting injury to the conforming a.and, property,
or Improvements in the neighborhood property in question.
3. While the issue of whether an easement over the property
described herein should not be an issue in whether or not a variance
should b,5 granted, even if the issue of the existence or non-
existeme of an easement were to be considered, it is clear in this
ease tbat any easewnt that did exist at any time has been abandoned
and as such is terminated at law. This issue, however, is not prop-
arty before this forum, and a more appropriate remedy exists as to
A
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Novc"ber 1.5, 1974 Page ?.
ATkyy person who might. claim an interest in the existence of rii y such
;i l l egen easement . Clearly then, even if this body is t:rr gT ant this
variance. any indivi.dual land owner who clairris an iii-1 Brest is this
a11+� ed easement may attempt enforce i.ts rc�sLri.cLi,ons upoii the
appl. cant tl rough a judicial remedy. Sinr.e this issue is really a
matter of l&w, it would best OF r3ct.ennO.ne-d by a court of law.
4 . The Building Department of the City of 11irn}ington Beach
appr-oved the Construction of this structure: at al.l the appropriate
stages of the building process . This inspc6 Lion process included
on-site inspections . Nev.-t during the terin of these inspections
tr did any official, agent , or repi-esonta.i-iue of the City of Hunting-
ton Beac-h complain or object to the location of the structure .
Included in the approval proc.:ss was the intial inspection of the
plans by the Departments of Public Works and Engineering of the City
of Huntington Beach. These approved plans indicate that the orig-
inal 9$-foot lot had been reduced to 93 feet due to the dedication a
of the front five Piet of the l.ot to the City of Huntington Beach.
The plaris , o�n them face, then indicated that an encroa.Ghment
would necessarily follow frain the construction of the building set-
forth therein .
For the foregoing reasons , appli.cant:. Andrus Development: Cor-
poration respectfully requests the Honorable Mayor and Council of �
the City of Huntington Beach grant the requested varianc-- refused
by the Planning Commission can November 5, 1974. �
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4PAU 7 ^. HE S
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Huntington Beach Planning Commission
P.O. Box ISO CALII"CIAN IA 996"
TO: Honorable Mayor and City Ccuncil
FROM: Planning Commission
DATE: December 41 1974
RE: CONDITIONAL EXC'JEPTION NO. 74-51 - Appeal to Denial
APPLICANT : Jack Andrus
16391 Bolsa Chi.ca St.
Huntington Beach, Calif .
I
APPELLANT: Andrus Development Corp.
16381 Bolsa Chica St .
Huntington Beach, Calif.
LOCATION: North side of Pearce Street,
approximately 103 ft . west. of
Green Street.
RlQUESR': To permit a► five (5) ft. encroachment
into the rear yard setback in lieu of
S . 916 3 . 3 of the Huntington Beach
Ordinance Code .
PLMNING COMMISSION ACTION:
ON NOTION BY BAZIL AND SECOND BY BOYLE CONDITIONAL EXCEPTION NO .
74-51 APPM WAS DENIED, AND THE D::'CISION OF THE BOARD OF ZONING
AMTUSTMENTS UPHELD , FOR THE FOLLOWING REASONS AND BY THE FOLLOWING
VOTE :
1. There are no exceptional or extraordinary circumstances or
conditions applicable to the subject land and structure that
do not apply to all surrounding property im the area.
7. That granting the Conditional Exception would be a substantial
detriment to the public health, welfare., and safety, and injurious
to u3s if surrounding property in that the structure encroaches
on a private easement which serves as ingress and egress to the
property in the area.
3. There has been no hardship demonstrated in that thr. topography
is level , and the property in not unique. The need for a
ConfitiOnal Exception was caused by -'he negligence of the
applicant or his agents in the construction of the building.
c
Adz (`,eiger. Basil , Higgins, Kerins , Finley, Boyle, Porter
viols a None
t: None
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Pace Two
SUMMARY OF STAFF REPORT:
IIYi IrY 1 Aill --� -
Condition4l Exception No . 74--91 is a request to allow a five toot
encroachment into the minimum tan foot rear yard setback . The
subject property is located within the Sunset Heights area fronting
on Pearce Street. The encroaclvrent involves a completed but never
occupied four-unit apartment structure which is located in the R -l.
1Medl= Density Residential District .
On September 1$ ,, 1,974 , the Board of zoning Adjustments denied the
Conditional Exception request , citing the applicant' s failure to
justify the request as a reason for denial . The Board also felt
that the problem was self imposed as a result r)f the, i.mpropf.,r
i)rocessing of plans .
In the applicant ' s appeal to the Planning Commission , it was further
pointed out that the existing building encroaches into a private:
easement aB well an the rear yard area . The easement was originally
established for utility and street purposeBr however, the appellant
has filed letters from the utility companies indicating that they do
not anticipate any need for such an easement. (see Attachments)
The .-_ct that the encroachment is into a private easement waa not an
issue aither before the Hoard of Zoning Adjustments or the Planning �
commission.
ADDITIONAL INFORMATION; �
At the public hearing before the Planning Commission on the matter ,
Mr. pain. Schumann and Mr. Sterling Buck spoke in favor of granting
the exception to the rear yard requirement, Mr. Thomas Kardoa ,
Mr. Clayton Sutters , Mr. Lyle Stowle, and Mr . Andrew Acosta spoke
in opposition to the request.
SHVIkONMENTAL STATUS :
The proposed Conditional Exception JL a Class 5 Categorical Exemption
:ender the California Environmental C Ality .act, 1974 .
RECOMMENDATION:
The Planning Comisssion for the re ins cited herein recommends that
Conditional Exception 74-51 be der. ,d.
SUPIPDRTTING INF09MATION SUBMITTED LIEREWITH s
2 . Staf r Report
2. Area Map
3. Letter of Appeal
Rea tfut snub tted,
+d Al. Harlow,
Secretary
ftx�,diliC:qo
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TO PLANNING COiM ISSYLON
` FROM PLANNING DEPAR'1 TENT
fi. t3ATS$ November 5 , 1974
00MUTIOX" XCCEPTION M. 74• 51 -- APPEAL FILING DH' T"t Sept . 23 , 1974
r►"U AMTs Jack Andrus ZONE: R--2
163181 Sol*& Chica St.
Huntington peach, Calif . GENERAL PLAN:
APPJMJJ : Andrus Development Corp.
16361 Holm Chid St.
` Runtington Reach, Calif .
a North ride of Pearce Streyet#
approx. 103 ft. west of Green
` street.
X@QMT8 To permit a five (5) ft. en-
Groachment into the rear yard
setback in lieu of S. 9163 . 3 i
Of the Huntington Beach
._ .. Oxdtnance: Code .
1.0 Novirawwntal Status
The proposed Conditional Exception in a class 5 Categorical Zxemption ,
California Environmental Quality Act, 1970 .
2.0 General information
The Appeal of the Hoard of Zoning Adjustments ' decisira on Conditional Ex-
ception No. 74-51 was continued from the October 17 , 1974 Planning Commission
meeting to facilitate reaidvertisement.
On September 18 , 1974 , the Board of Zoning Adjustments denied Conditional Rx.-
caption No. 74- 51 , a proposal to permit a five foot encroachment into the
minJous ten foot rear yard setback. In its deliberation , the Board cited
the applicant' s failure to justify the request as a reason for denial.
a :.
Further reasons and findings of the Board are listed on the transmittal.
sent to the applicant and is attached for your consideration. Also
attached for your perusal is information received from the appellant
further expounding his reasons for the request and a letter from a
property owner JS opposition to the proposed encroachment.
a re"t_Load times Zoning, and General Plan Designation
,,'%U subject property is located within the Sunset Heights area fronting
Pearce Street. The existing structure which encroaches into the
. s um roar yard setback is a two-unit apartment located within an R2,
04kneity Residential, district. Apartment developments surround �
subject propeirt and are also located in an R2 , Medium [tensity Reri-
'` nUol, District within Sunset Hefghtr. The General Plan designation
�41j,` Iot tM exea is wMedium Density". Saar attached area map.
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17 'Staff Report
Conditional Exception No, 74-51 - Appeal
1 0 U napeis of Board of Zonin Ad us'tMcnith ' Action
In addition to conalderi.ng the applAcant ' s justification for the requast,
the Board attempted to ascertain the posai.ble impacts to the immediate
vicinity If the Application were approved . This was considered in light
of recent: planning issues .regarding the Sunset Heights area.
In -6:esponse to thir, the Planning Department indicated the Sunset Heights
area, and in particular , the quarter section in which the development
exists is Isub ject to further planning proposaIb . This may include but
in net limited to Cis location of a park, precise plans of street
alignment #, and comprehensive specific plans . The subject property
in included in an area wider an aight (8) month moratorium which will
expire in May, 1975 .
The Beard 's actw.on was partially based upon the uncertainty of future
access to the general area and the potential conflicts that approval of the
Conditional Exception would cause .
Further, in considering the applicant' s justification for the request which
a� o r processing the plans, the Board determined
generally related t errors in gr, cese . g 8 p a a, h
that no hardship existed . The applicant submitted i.nforarat- on. relative
to these errors and is part of the attachment.
Representatives of the Board of Zoning hdjustments will be prepared to
answer any questions the commission may have .
RECOtMKOAMN.,
I
In view of the nature of the application and possible additional public �
input, the Staff has not made a recolmmendation on this application.
The Board of Zoning Adjustments through its previous reasons and findings
at a publics hearing recommends denial of Conditional Exception 74-51.
ICE:gc
Attachments :
Area map
UZA Xinu tees
Application
Letter of Appeal
Lotter in Opposition
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*' i a tsA c>NKA srPSEr WATINGTON BEAM, CWFCMIA •
September 20, 1974
Ptwv
City of Huntinbtoa kaoacli
SEP 2 31�1���' i
r• P.O. Bolt 190
Hunt ir,gton beach , Cai i f. 92648 MANNING
Attn : ldr. Richard A. ki��7•'.c'w
BE: Cond•i tinnal. :�xceE�,ion .��` l denied 'ay Bo I'd r. r Lortirtj A,c�u:;-,;�et�l. � �•�
i
Th(i purl,-Dse of idiis i : ter :i :: t:o file cm r.p.cal. of k-.he deciuion the �
!icy s•d of Gpniri Adjur;t,:;:eat cur rc ctur-st f()z Conditional
71.W;�.1. Condit:i.vti€�1 !' Lept'��.ur; 74-5i d.eni%l was rL.,idered by the -DZA In
;esaion cart lcl ;-ept;embet•
,this .ippeai. .!.:3 beir. mi-tae ; or the reasam; -umrtaxi,:� �i below: i
1. A r njri• does ,!xhist 8 re-nullk, of thc city Z:;ypeetor czan--
v].. •t �ng J.nsT--(-'tior and ajg1i-c,vin6 the u ace►,: rat, of the foundation ,
then i.!by -I .low,inc, to ii::. r)re s-iU.
It . ;;c c; t'y fai".:Y,j tQ pj-,-, ierl.y insp:�ct. and udvize� the
ovnor_ or Ini E lA , app„r-gilt. pT•C.)`);•em.
i=. 5'il.ar ':�'- :�)Y)rr~•: .' cond i t].onn'l. wok U.d require A.i L i--
I
gatiot), of ,:,•,ray I)t :•t;ieu in couri; c23a1. .roui.,i tE41C C(Al,ti:erable time
to reso Lve . The ecctton;i cs o+' this ,,.)u1.ct be s t aggc.,,•ing t;c, Gila. parties
i h vol reci.
3. Furthermore , it: is :,nmmon knowledge t-liaL the ,-.xea it qur.ztian harp
x•"� not been properly ci—ilgned for stseetl; by the city , i;husly causing
exhi�sting easements t:o be used e ; u.l cyways , which certai,►1y 'could
not be considered to be properly witAi:iii provi-sions of the 'i.t:,y code , 1
VIA
4 . It is e.pparent that the city h-.s allowed ather ovnez•s to et,�,roach �
'f . on they eet pment by failure to notify rwnor5 0' theiz• -violet-on by
use and eneroacl)ment, e.g. tence,a , walls and et.c . 1
4,
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r., September 20, 1974
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�].en�i� �a,dais$ion
city of xUatinfun Beech
We believe that the 4842. Pearce St . construction, as It presently
exbie•ts, would not affect future development -, in fact, it would the
roudurive to good planning by allowing said property to be totally
used and avoid the alleyway which would be considered more of a
oulsome whan it Ines became an Unsightly accumulation area :or
`a•' �, As fear as the need of streets or roads for adjoining (near)
property, it would appear in the beet interest of the city that
&did streets be planned and wet forth uniformly every four (4) iota
so that property owners can have sufficient land to construct a
building site in conformity with the codes oi' the city.
�y
&-bi.bits (A) Southern California Gas Co. And (B) Cer+eral Telephone
Con~ are forwarded as evidence of no present or future use of the
easetaent. A respoinde from the Edison Company is expected shortly,
which will also indicate no present', or future use of the a"ement.
Furthermore, the city water department does riot service the area
through the casement.
A cheek is the mint of seventy five dollars ($75.00) le enclored as a
filing f"e for this appeal
�iuccrely A
J 1
Jack F . Andrus
YiCe-•Preside�it
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MERN CALIFORNIA gOS COMPANY
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0AAMM COUNTY 01VISPON P. 0, 60X 3W. ANANEUAI CALIF. 1
" Saptevbor 12 p 1974
RECEIVED
StP 2 31974
►� r
Mr. Gary Janwick
,Andrus Development Corporation
16631 Balsa Chico Street
Huntington Beach` Cr' ' fornla 92649
Doer Sir
This will confirm our coaversacion today relative to our
10' easewent in Late 1349 V-P ..id 141, tract No. 184 , as
recordad Ln July 17, 1957 , Dor.imant #95175 in O.R. 3980--53 .
We have no facilities in the subject easeawnt and foresee
no further mead for it .
We are today processiug a quitclaim of this easement and
will notify you upon 3tR recordation ,
Sincerely, j
P.. 0. Dyer '
Division Superintendent
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IMPGsRAL T'ELF0*40M CKMPMIV OF CAt.WAA!'i A
7=KATCA AVaNUM -PA a*X 1M•NUNTINGTOM NEsACH,CALIF OHNIA 93647 • %14 842•3311 ;t
I11141 VLV RFIFFR 10
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Tract ��. i8�►
••
rAwdtelr D"eUmmt CQar<`wraticw
3 �ae� Goa► Street \f
sntuatm Basch, Cal�torata 9 t9
4., SEP 2 31974
Atteaatics Guy 4, ,wick PLANNING
�t
2ble ;1s In ropy to y nw inquiry recording any recorded or unrecorded
901" cot rtpts our compmy maintains LA the area 'north of Pe&ree Street,, a
west of Green Street covered by lots 121 t?tru 156 inclusive as chows
on mp 1p' Tz*at ft. 1A recorded in Look, 12 at. Paga 27 of Miarsoellaneouae
ttpav in the ot>t'' e& of the County Racs.Tder of Orange County, California.
A review of our files Indicates Gmeral Telephohe Comjnay has no recorded
or muecmded eeeseeeuts in the above de&Icribed property. We do not have
any adating facilities within the aabandaraad roster company right of way
e.L g the amtheirly boundary of Lots 121 thru 132 inclusive and northerly
bawWAry of Lots 132 thru. I" lnclusi" and nothing to indi.oate we have
ewer squired Isa itatereot in this right 5f way.
,I
If I am be of W further service in thija intter please cc altact z* at
area ocde>< 714. -3398•
VaT troy Tara
of 46=t
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A W1 of Gpvwtal TokWhdm a4 E asctronvc%
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publish
Postcards 47
NOTICE OF 1 OLIC R INC
CONIDITIaNAL ]EXCEPTION 74-.AY..��...►
WrICC t$ ".'1MMY QItiCN that public he4ring will be held by the
City Council of the City of Huntington 1le4cho in the Council
C'k*Aer of the Civic Center, Rmtington beach, at the hour of
It.M. . or so moon thereafter as possible 0 an .M°.aday-�.��
0.4 9th day of December 19 74, for the put1paao of
,CCMJ&ring an appeal to the denial by the City Planning Commission of
Conditional Zxcreptiou Imo. 74-51 . Said Conditional Exception is to permit a
five (5) foot encroachment in the ten (1U) foot minimum rear yard setback in
liieu of S. 9163. 3 of the Murtington Beech Ordinance Code .
The subject property is located on the north side of Pearce Street, approximately
103 feet WeSt of Green Street in an R•-2 , Medium Density ttesidenrial District.
A legal description iq on file in the planning Department.
All lnt@r"t" pefewas a" invLted to etto+nd said hearing and
�i
toIr oplateft for or egg tuat said
r +apt*ran cry be obr.oiwd fray the Office of tie City
y•.
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I1r: Alicia W., Wdetworth
°p. `' L i ty Clark
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ftbhi"tan Cht Calif NAMO. _ 0-02,matcm I Jw"wh"• C&L".
0452 Myttla St+ , tea.Low . . , 'KartinaR TAM* Ariz.
2m . lw n seach, Calif. ..,.,., � �a,..�►l l.�. _ . . . _ ... .. _ _ _ . .3�26�
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moold We bolster .�. .,MO-LYA n..,Jr. Cram rrAnk JL i teen
"761 Greft at* .....IA7-JJ ar St. #H432 4621 Los .bates Dr.
Wntington 3"oh h s. PA1Lf. Runtington. beach, Calif. .�
Orange County flood Dist.. . . t�-. Of MrauapaartatiM Oxmiqn. Caunty sani.tntiOn
P6 o. BOX 1078 ... IA S. spring st. District .
Ienta Anm* Calif. Lori Alkw1a,a, Calif. P.O.- fat 9227
FountAin Valley, Calif.
Sbnti kgton Beach Union R=tJmq,t on Beach . . . . .
migb 8obool District .,..XU=eAnLLry Schatz],
LOW 17th Street . .Qm6F-.Sax JL . _.. . . _ _ ... . .
Omtington ftachr Calif, ., . than t In96m -ftai.h, r-"tf..
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021 AWAy Dr. ..A34I. al"ith park AOU JAnd Dr..
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7A�f01��0 yc _.,gc . .1x.8.- L-.A 1 qc
6 N. Jobaston . .�.iamiz ... A "tA . _ M.Acrt,�ata
c �X- Telegraph 144 A31 .� lic... . . . . Z, .Bad Ln.
.ftitv 103 .,...+. BmtIngton Sa toh, Calif . Rmt 4 na 8aach, Calif. .�
Ooft , Calif. �..,..•. _ - •.,_ . . _ . . .
qCC, .1.7A-.20,LrA3 . qc .,. . .1.Zar-Ia-A4 9c -�
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1452 W. Pacific Ave* Kv_ J?AaLf x- Awn. Ja%as 1.... Uttla ..y
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sunset Dsach, Calif.
46-201-48 qc ...�..7,L-J"-A9
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b+s*, Calif. . ,.M,r,., _ . . . . . .. . . t mq f ah, Calif.
. I
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Tltt#• 76010 ... .JMAt&-AAA. Cat lI f.. . . ..... . .ski AMIN,. Calif. ..
_ alai"811
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9; 'S 433 24 tb St.
0� OPW 91,2 Oros- SM Mzn o. CA 92403
pi RV ,ak1'+•, ,
F't
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kr
• Numbar of Excerpts.,............_
Publish Onco
LEGAL NOTICE
NOTICE 4P PUBLIC "WING
CONDITIONAL EXCEPTION NO. 74•-51
WTICX IS HBRBBY GIVEN THAT a public hearing will be hold by
�Ir ,
the City Planning C-amtaission of the City of Huntington .Beach,
California, for the purpose of considering
aA appeal to the Board of Zoning Adjustments ' denial of
COUditional Excerption No. 74 -51 . Said Corditioaal Exception
is to pa.Puit a five (5) foot enc-:oachment in the ten (10) foot
Minimum rear yard setback in lieu of S. 916 3 . 3 of the Huntington
Beach Ordinance Code.
The subject property is located can the north side of Pearce
Streaeet, approximately 103 Feet west of Green Stre,, � in an
B#2 , Medium Density Residential District .
A legal description Is on file in the Planning department.
i
i
I
Said herarf iQ will be hold at the hour of�7 : 00 p.N. ,
an November 5, 1a74 , in thq Council Chamber of the Civic
Center, Huntington Beach, California, 3000 Main Street, Huntington
Doaoh, California.
Aa2 lnteerostod persons are invited to attend said hearing and QAVro.;s
fir opinions for or against they per' red pall&
towthe r Womation say be obtained fcc as the City Planning De partMeht.
xolaphme too. (714) 536•5271
t
Dun this 17th day of October t I
�:. C TY &Z ;
SIQIi �
i gyI
yypp 41
Sr 1
1 I
,
14
1�
City of. Huntington Beach
P.O. 00A 110 CALWOIIMIA a"
F:
OFFICE OF THE CITY CLERK
�r
a>
December 10, 1974
B .dsua Development Corporation
lu 381 Bolsa Chice-, St.
HUOtington Bede, CA 92649
C�tlen�en:
The Cie Council of the City of Huntington Beach at its adjourned
Y Y 5
regular tooting held mnday, Decerrtier. 9, 1974, continued the public:
hearing on Conditional Except,iera No. 74-51 to the next regular
mating of the City Council on December: 16, 1974 at 7:00 P.M. or �
as soon thereafter as possible.
Sincerely ym%rs,
Alicia H. Wentworth
City Clark
AMS CB310
„ A•
,n
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saw d
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aw ad XMI1141m am"
FWWWr beft dWY sworn on 44M asye: That he is A
Y of 6a United 111taWs, vW the ade of twenty-one yearn. �p
IlMltt he w *0 p Jaw., +crud pubWinr of the Huntington Beach �
( Wad a weeldj► pip qYr d ilmeral rrlrratlstlon printed and pub- `
gabs d in HaMUAgtan ZOM4 C4&arnfa and circulated in the said � }
Qgq�ttr 01 and dawtme and pubilshed for the di seminatlon ;6
l wed otfxer WWI of a Ret:enl character, and haR a bane fide
flat a�L �$ tubatsibet�r, andFlated said paper has been
llsbwd in the State of Caiffarnia, and '{ I
next before the publication
cbmty at 0 i
MI at Zit am Y is not
amleMrtsan d tibb�l notfilos; and the add newspaper.
>tN at, a' p ubliLd d for the entertainment -A ahy
to im y elUR, "&&, aaUM; Moe or denomination, or
&a 1tsbe r tbNow.
TM Roth" Mach Now Res adjudicated a ltPl newspaper
of Kamiwl tk%vlatflatt by Judge G. K. Soovel in the Superior Court
�o[ r_tqa4f', Mika" August 27tb, 1037 by order No. A•5931.
OF
ANAL TO DENIAL M COND EXCEPT
of ofWbk& the anaXgd iw • printed copy, was publinh ed in aid news-
pow
tat Mete 1 .-.- --
end 1Ctaa tna _Ialh day of _Q ube
� is Z ..... OW eedfad
on tW I.4til day ai
1974... butt days ibnclusive, xM as often during said period and
nt publication as said Pepe
r v zs reaufarlY
istwad and in tho
��`i' �' of in a
ws r proper, and n
regular and et:tlre isiuo of aid pro Pape r E�
,tuppiec=t, aw said Deuce wage publfabow therein on the following
date4 to wit: `
1
$UbswMW and arvarn to bets" ro tllb _- _ _ L--•-- day of
1 Notkry Public
O=p County, 01lffornia
.w.
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h' 1 ••,�S ID- 7C f LLlq j
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PUMA
lbs tc N>`lds 65
I DTICS Of PUKIC I MM
! to Dmie1 - Conditional Exception
PMa �ion No. 74-43
'1Cs isMMMWOlm that a public hearing will be hold by the .
s'
My Comell of cbe City of MmUngton Math. in 0* CouMril
ChrAer of the Civic Cantors owtiz%ton sow-ho at the trouts of
77tgg , 1P.H. , or as low tberorptor as poaaibla. on wrndsr
t t lhw O'f October 19 74 for the pu!pme of
aftgld*TU* an appeal to the denial by the city Planning Commission of
Coafltianal Exception No. 74-43. ;aid conditional exceptioD is to
pa"it a five (5) foor encroachment into the ve) 5 foot aininuw
Interior aide yard sccback in lieu of S. 9103. 2. 1 of the Huntington
i
Desch 0,rdinance Code. Subject property is located on the south side
of Adasse Avenue, approximtely 50 ft. east of Park Street in the 11
Low Density ReaLdeattial District. A legal description is on file in
-the Pl&mtug Departmot Office.
5
� r
intoa WbA per&"$ era iw"t." to atu!" said Ikelmias ad
00000 doll OPMAM for or t=t col 4 appoe�
'ti; . 00rdwr tuft tuft M7 4a ohtaima f tba Office of dw Alta
womb
J.'
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'rr
Wtober 4, 1974
7 OF
7 k r;CACH,C4IF.
Honorable Mayor and City council 'all.; OCr4 pri � � � r•
City of Mmtington Beach �
Huntington Beach, California
Dear Mr. mayor
.-
I hereby appeal the Planning Conanission ' s deciaion to deny
Conditional Exception No. 74-43 . Said Conditional Exception
is to permit an encroachment iiLto the 5 tout minimum interior
aide: yard setback. This appeal is made pursuant to Section 9815. 4
of the Huntington Bench Ordinance Cooe,
Rerapectfully,,,pubmitted,
Ted Dartlett
Counc i lman
TBsJa
O:
N'L
4
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, dP
11` �
0004*0 40 1974
*Nrnr(;�;a�.�t
ftoorm-b-16 Jim 4nd City
Tq �
�l. cot
8aa� C o�c31 off �
t 2aak, California
r y
♦ 1 the PlamiA. 9 COMmission' s decision t,0 d
�.ft 9X caption No. 7 4-4 a Said CondiG�.onal 11se tiara
i t* wit an ancr"Oft rnt 1,nta � s fOut aainf�r inttacior
a 1► . swtlbwk, This aPpnal is =do pursuant to Section 9019
ktOn B"Ob Ordinance �
o
., r nrrnva Code.
R494wotfuuy utbmitted,
go lutlott
;f� r
h '
� �+> �.i''M +'..•w+,►.+........�+. w.�_ �.+..,ter.
,� ylk
. !! !Jf! 1 f
,
?` :•
i
TTT M•'/�Y'1 �. yV
Number of 2norpts,
Publish Once
AVON=
.. • fir• : .• '°
N*rtcl
' ,r IC HEAR I RG
y � • 7
gO. 71-43 -
ICg Ig that a public hearing will be held
by tbe City P1anuO�; �i.ssion of the City of Hunti jton Beach,
Y' California, for Oi.."tense of consi.derinf.e�.Witlalt,
Dowd of 'Saaia i is denial of Conditional saes Lion j
Mo+ 74-43* t anal emoegtion is to peraLt a Vve (S)
fboh *s the (five) 5 foot Minimum intoriot
sails ya d.•e J$oa of 8. 9101. 2 . 1 of the Nontington
2*&U 1 ft4SAM MOO . Subject p arty it looatod an he
•i of A►v �, �p r�wat�aly SQ ft. east o
p ttzeet . I w ftrieity l ool dential Qistriat.
�; �► *1 descsari
in ap file in the Planning bep&vtmnt �
CRf�i+t�rs. • ,. .• y �
Said hearing will big hel4 at the hour of 7sOo PiM. , on
8"tex"r 17, 1974,� , in the Council Chamber Building of
the Civic Centor. ZOOO Main Street , Huntington Beach, California .
All interested perams are invited to attend said hearing and
express their opl*t ilis for cr against the proposed
Conditional Szoaption
Furt•hur information may be obtained from the City Planning
i
Department ,
Tolephoke No. (old) 536-5271
DATED this ,nth day of September, 1974
wwrr.�..dr..,.—
CITY PLANNING rOml4ISSION
By
;chard A. Harlow
Heore tart'
one
r 1,
101,
tF.
� ° r
' t : 074--43
}
. es • t Ifowler. V1 niw M LB
,t 1Z Park Street
ft4Ir l�1a Drive
Smti on "64b, Calif
am $28 �;'�'•. *Oft Nraah, CalifA& Calif
!
• met ,,
X420
1
" y. 1 .13s it Ch+ KISO A lerga"
4 . tea►: 838 4i1 Adow Avenue
XftUxWtft Me&* Ca1ii' Pine street
tan la t, Calif itaft "Bak, calif �
NNAWAA
arlr start J. worthy Sri v� �►. � <.
12s3 f a9k ftreet
3�a*, 1�.i rye dt t .RmtLafton now*$ Calif
sraah o Calif
k 1
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1e. s rli XXV" Q. weer
�i �tswt 1209 PU* Sts"t r
street satington 3aach r Calif
to Beach, Calif Beach# Calit ►.1
' steal t Jack S Clapp
3109 !&t street 1t Sahaser 1310 Mrs streat
.t street
Bradt, califreeSea�t� Calif gdntingtm Beach, Calif'
Wait , adle►r daetane Abandmato
t�nt�gban Seadt, Calif D�ic��,�ron 17i4 x�cwi� �►vf+�r�►ve
iA a= Avenue 92660 ob, Calif
3r2"Oft9 8aach, Calif 1660
A Dowd& t. Sint t Sale ftsh
OUT!aw purest Mr!"I"th street 122Q Min Str"
t woe Neact, Caliirn �aah, calif R=timgt= flaaah, Calif
�q�to
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111O Park gtrest �' Y�• William 1216 ftin Street
Xetington Beacft, Calif �' t Pine Street Huntington Ar+ach, Calif
ingt n Reach, Cali f
pte ante firer Arvi4 Vt 1*1gtt,irt
tI-0 P&A street *SWIMS
V. Coldstadt 1212 Main Street
&
1 Ott gtcm Soarh, Calif O Ogle tr 1 Park Drive Huntington Being, calif
aze.&so, 'Cali f
71,14 Park fur eet X+f'T Robinson Glee Wardlaw
p.,Cf. isoe 66 1717 Burk Street
./jMtLW.*n Br W*# Calif Hantington Surat►, Calif
rt,Lbgton Bert, Calif
i
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ti &W".d p. RO .old"
Pam& 1709 1• 1[rtt
an Im , c4ujt . Calif R=t"Oton 26AAS �Ca1if
�rr
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r Z" .M:, sate 170 Lake Otsr
,
Calif 1' &*h a Calif �1tlp�i�A "MA;� �Ly
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amlod W Wart
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st#t��rrt t 1702 Big►
ton 9406, C"L f 9 n
Baaa�► Calf Hgnta.rgt0j Calif
atilt C Paul Bitlan
t PC* ftm•t st".t 1704 Pine StS6411
Bert. C4af
'"ache Calif Rmtia0tan On*#' Chif
Orton
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.I ,,r• L Faith
a !"11 ft t stet Ill0 Vim Str 1
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BGAah11 Cali A=� 0h p Calif
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Ot4w :++ JacJ Head
I min Otrart :a Seibert
1padg atsmet 1714 Oinr atsvet
ftftLagton Beach, Calif ftaoh, Calif tA 6kwton Beach* Calif
9: B Oa n i�� i rt Wised N'. Aastlatt
: I Ott ,. Att 1718 Vim Btr
InOm 9640b Calif jawton, Beach$ Calif awktingrtzu leadbe Calif
XTY a� a►y aahool
� ; � Plunkett Has, S1oarnt
17 1 Psim st"Ot M
� 770 .: 17th Stsart
tingt n lWach, Calif Baal r Calif unntington Arco!►, Calif
Attn: District Oupt.
� �
itanla � Ch�ari A.B. 1Union81� �oai B
1711 0A Stre-st � k, ftz"t 1909 - 1�7th At ftlt
Runtir, tan Beach, Calif IB~ackp Calif RmtLnwtQn B+mb, Calif
; .�.. .; r sttns District ompt.
170 Wlna Ot" t �1t0 Street
Beraeh Calif An Beach, calif
.w.r
I#oNtington peach PlInniaS COOmi Saian
P.O. Box in CALvroftN1A M"
rate t, October,.2 c.. .127;....�„ ,.
NOTICE OF ACTION
APPZLLAIiT: r,ak p. Miller
Sub ect: Conditional Exception No. 74-43 APPEAL,
Your application was acted upon- by the Huntington Beach
Planning Commission on October 1, 1974
and your request was :
WITHDRAWN
APPROVED
APPROVED WITH CONDITIONS
'�. DISAPPROVED XX
CONTINUED UNTIL
Under the provisions of the Huntington Beach Ordinance Code,
the action taken by the Planning Commission is final unless
an appeal is filed to the City Council by you or an interested
party . Said appeal must be in writing and must get forth in
detail the action and grounds by and upon which the .applicant
or interested party deems himself aggrieved. Said appeal must
be accompanied by a filing fee of seventy-five ($75 . 00) dollars
and submitted to the City Clerk' s office within ten (10) days
of the date of the Commission 's action .
In your case , the last day for filing an appeal and paying the
filing fee is October Ill 1974
Provisions of the Huntington Beach Ordinance Code are such that
any application becomes null and void one (1) year after final
approval, unless actual construction has started .
Very truly yours ,
r
Richard A. Harlow, Secretary
Huntington Beach Planning Commission
6 b �
`y F !r'• ,
r ,
Att`y
�.. : NNIU1 11 Bulk PINNINg CIMM188111
10 '. ;' "
:'.
F,4. sox lei CALWORNIA Mg pe
Honorable Mayor a:►d City Council
I plying Ca J xsion
DATZ: October 13., 1974
RE: Appeal to menial of Conditional Exception: No. 74--43
APpZXJAN'f: Councilman Ted Bartlett
APPLICANT; E. L. Anderson
8222 Ridgefield
P.O. Box 628
Huntington Beach, Calif.
r� '
LOC
ATION s 317 Adams Avenue
t, MXBT: To permit a patio encroachment into the minimum interior
y, side yard setback
PLANNING CO MISSIO14 ACTION:
ON MbTION BY NIGGZNS AND SECOND BY PORTER APPEAL TC CONDITION,
EXCEPTION NO. 74-4 3 WAS DENIED FOB THE FOLLOWING REASONS AND
BY THE FOLLOWING VOTE:
1. The structure' s supporting members encroach into the
setback area.
2. It is not considered an architectural feature.
3* Applicant has failed to justify a hardship.
AYES: Basil, Higgins, Kerins , Finley, Bo ter Porter
SONS : None 99 Y
ABBENT: Geiger
i
} MALMY OF STAFl" REPORT:
Conditional Exception No. 74-43 is a request to permit an encroachment
by a patio covsr of approximately 35 inches into the required fire foot
minimum interior side yard. The use is a single family residence located
within an R-1 (Low Ekinsi.ty Residential District) in the Old Town Area
of the City. Existing single family homes surround the subject property.
IV
a 1 • at''4
4 k
' + ••
.r'•�fl 'DLiv.1'.r.. 'yr .qr"n
M
ir
J-.
Conditional exception mo. 74-43 - Appeal
Page 2
Ifte subject patio cover is fully constructed in the field. A history
of building permit activity indicates that can November 1, 1971, the
Dept. of Building and Cowunity Development issued a stop work order
!or , the partially completed construction for the reasons that no
building posit was in effect and that the structure violated yard
requirawnts, i.e. S. 9103 . 2.1 of the Huntington Beach Ordinance Code.
On or about November 3, 19711 the construction of the patio cover
was c oWleted in violation of the stop work order and remained in
violation of yard requirements.
On November 4 , 1971, the Dept. of Building and Community Development
filed requests with the City Attorney 's office to pursue criminal
complaint proceedings against the owner, Edith L. Anderson as deter-
wined by the Huntington Beach City Attorney' s office.
Since November of 1971 to the present time, the property has remained
in legal prosecution proceedings through the municipal court.
ADDITIONAL INFORMATION:
In responding to questions by the planning Commission .as to why work
continued on the patio corner after a stop work order was issued, the
,appellant indicated that while she was the property owner she did not
reside on the subject site and thus communications affecting the subject
site were not received by her until after the fact.
ENVIRONWNTAL STATUS e
The proposed Conditional Exception is a Class 5 Categorical "xemptions
California Environmental Quality Art, 1970.
SUPPORTING INFORMATION TRANSMITTED HEREWITH:
1 . Staff Deport
2 . Area Hap
3 . COMMication from Attorney' s office r*garding a history
of prosecution on the matter.
4 . Petition from adjacent property owners indicating their approval
of the site.
Reepectfull�r ub tted,
aI
R. A. Earlow,
Secretary
�� r f ' ` ,` . •' .. � tip;
r
el
ti
• �' ' � tea.. 4 ,..
1` 141�
HAWING CON"ISSION
MMMING DSPART"T
qA Septamber 17, 1974
COWITIONAL EXCEPTION NO. 74-43 - APPEAL FILING UATAs Aug. 12 , 1974
APPLlCAM a S. L. Anderson ZONE: Al
. 8222 Ridgefield
,.. P.O. box 628 GENERAL PLAN: Low Density
Huntington Beach, CA
92448
APP9LY.RW s A, P. Miller _
P.O. Box 838
Huntington Beach, CA
92648
CATION: 317 Adams
RSQUZSTs Patio encroachment into
aide yard setback
MWI 4�q `AL A'TATUS s
The proposed Conditional Exception is a Clas* g categorical exemption,
California Envirormental Quality Act, 1970 .
1,0 OZNSRAL INFORMATION
the Aral to the Board of Zoning Adjustments ' decision on Conditional
BxoeRption No. 74-43 was continued from the September 4 , 1974 Planning
Cosatission nsetinq to facilitate readvertisee ment.
On August 71 1974 , the Board of Zoning adjustments denied Conditional
hxaeption No. 74 .431 a proposal to permit a five foot encroachment
of a patio cover into the minim= interior side yard setback. In
its idelibexstioD, the board cited the applicant's failures to justify
the request and conforming to ordinance Coder requirements would not
impose physical hardships on the site. The Board also found that the
side yard in question being fourteen ft. in width is adequate in
sis• and does not preclude attempts of complying with Ordinance
Code requirarnts.
The Minutes of August 7th Board of Zoning Adjustments meeting is
attached for yoar information . Also attached for your perusal is
a petition submitted to the Board from various homeowners in the
neighborhood voicing their approval of the proposed Conditional
Exception and a letter to the Planning Director from the ownar
of the subject property expounding upon the subject Appeal.
r
ice;5
. e
f r '�' 'N•1pi f 1 r �'
ti ,rye
,y,1�" war• � .
,;,'` ��: 3. s►1ftception No. 74-43 APPEAL
A siagxe tMily residence with a one czar garage presently exists
An the Fa it portion of the subject site. In o0dition e a quest
parkinL
facilities is located at the xtar of the property.
sobject site located within the old Torn Area in an R ►1
low Aaaslty residential district. Existing single family hams
auvround t e subject praperty within an B-1 district. The General
Plan designation for the area is "Old Toun" .
1. 0 0291 01. ,! t7) OF ZONING ADJVSm14$'NTS ' ACTION s
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1w alas noted at the Board of Zoning Adjustments' meeting that
the subject patio cover is fully constructed in the field. After
' the applLea►r.t explained the Mature of the Conditional Exception
roque►sto the Board reviewed the history of building permit
aotivity regarding the subject patio cover.
after discussion ensued as to the nature of the proposal, it was
tbo consensus of the Board that the applicant had not justified
r the request for a Comditional Exception.
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a,r. Discretionary with planning Commission,
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CONDITIONAL EXCEPTION 74—4 3
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23, 1974
%�. TO Chaiman and members of the Planning 1� N Commission
Mt Jame Georges, Deputy City Attorney
Conditional Exception No. 74�-43, Edith L. Anderson
/ r
y•' Pluming
(1'•''`„ �quaaC*� '� J��DiConat its September 17, �.974 meeting
,�• r• nor to prepare a report on the City
• Atto r+s OMOS ariminal prosecution against Edith L. Anderson
641061 S ordinahoe violations on the Barre lnV*IV�ed in the Conditional Exception No. Tt rapQrty that is 3 appeal.
MP- O r Connor asked that I prepare the report since I handled
t Zd1th L. Anderson case from the inception of the rose.
0"10n. The fallatfing Is the chronological sequence of events
� 10i this raise: a nta
l 1965 -* A building permit had been a n issued for the
aarpart/patiO oolver, and the application for the permit Indicated
� that the proposed structure p was in compliance with Huntington
44h Ordinance Code Section 9103. 2- 1, that is, five foot Bide
itid Setback for the posts to the property line and a two and
oheAal fno; side yard setback for the roof to the property
11h#* Th* building permit which was Issued to Edith L. Anderson
0zP1red without the structure being built . subsequent to the
*Vlratiorr of the permit , approximately October, 1971, the
c0astruction was commenced on the carport/ patio over without
obtaining a new building permit .
. ,, . November 1, ly . 1 - The building Department issue
stop work order for the partially completed structure d a
� t uc t are on the
VOUbdo that no valid building Permit was issued, and th4t
the partially completed structure was in violation of Huntington
beach iOrdinance Code Section 9103 . 2 . 1. Note that the burden of
Proof Of location of the line is on
Property
applicant the suildi.ng Dep&rmes "first inspection" fteri0suatce if permit .
3. November 2 , 197Y - The stop work order had been ignored
and work had res uried. Another notice was left at 317 Adam3
Avenue residence reminding applicant, Of the stop work order and
further advising that continued construction would subject
001cant to prosecution.
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� , PAAflt�►iri Commission September 23, 1974
donditlonal Naoeption No. 74-43 page Two
'b A. Building officials reinvestigated and noted that
additional work had been done on the carport/patio oover structure.
A building official commenced to take photos , and at that time
workmen on the carport/patio cover had thrown debris at the
building inspector.
5+ November 4. 1971 - A subsequent investigation revealed
-4hat the carport/patio structure had been substantially completed
In spite of prior warnings . The construction of the carport/patio
cover was oozVle ted In violation of the stop work order and to
this dart remains in violation of Huntington Beach Ordinance
Code Section 9103 . 2.1.
S. On November 59 1971, the City Attorney 's Office received
a request for prosecution from the Building Department. The City
Attorney 's Office obtained the following evidence indicating
that 241th L. Anderson is the fee title owner of the property on
which the carport/patio cover had been built.
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(a) Declarations from tenants at 31? 1/2 Adams Avenue
stating they paid their rent checks to Edith L. Anderson.
(b) A certified copy of the interlocutory judgment of
divorce filed with; the Orange County Recorder' s Office indicated �
a judgment of the ,Superior Court awarding fee title to 31.7 and
317 1/2 Adams Avenue to Edith L. Anderson .
(e ) A quitclaim deed filed in the Orange County
}recorder' s Office indicated that Edith L. Anderson is holding
' said property In trust for her sons . Edith L. Anderson is the
trustor and t-Asstee of the property and remains the fee title �
owner of said property .
(d) In a building permit obtained by Edith L. Anderson
on November 27 , 1968 , she indicated herself as owner of the
property at 317 Adams Avenue . The same for an electrical permit
issued by the City of Huntington Beach on this property .
(e) A certified copy of the Orange County Tax Collector
statement of secured property taxes indicated that Edith L.
Anderson is the fee owner of said property .
(f) On April 10 , 1969 , Edith I,. Anderson sold said
property to Harold F. Miller on a land sale contract , in which
Fr. Miller is making payments to Edith L. Anderson ,1 Land scale
contracts do not transfer fee title until the last payment is
made . Edith Is. Anderson remains the fee title owner of Bald
property•
`' A
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Planning ComIssiogt September � 19�y
OmUtIorAl Uception ga. 74-43 Page Three
TM Qity Attorney 's afflai- Filed several complaints
401not. Wish L. Anderson at the Westminster ]Municipal Court ,
"r I or which was the violation of Huntington Beach Ordinance
ry
Code Seation 9103.2*1 and constructing a structure without a
valid building permit .
1. Defendant appeared for trial on December 12, 1972 .
r. Vsftnd"t was informed of thb evidence accumulated against
her, rar exoWle, interlocutory decree of divorce awarding her
feces 317 Adtr A"nue property r records o he loan Ad
ams
d
Avenues Qranp County tax rolls , testimony from neighbors,
affidavit from a prior tarant of the property , the declaration
of trust on 317 Adams Avenue, and a quitclaim deed on 317 Adams
Avwo , Defendant entered a plea of guilty and the judge tined
'- her $50 for refusal to obey the 'stop work orders. The court j
' placed the defendant on probation and the defendant had until
April 12# 2973 to correct all building code viclations . Included �
In the court order was the right of the Building Department
to insoeat during and upon completion and modification of the
atructures
9« On MY 17 , 1973 defendant railed to appear in court .
Chuck darairdan testified that there was no compliance . The judge
hr' , issued a benoii warrant for defendant' s arrest and reoet the
matter for May 250 19'r�, at which tin►q a nearing was to be held
on the Issue. of defendant 's violation of probation. Defendant ;
did not appear on hm 250 1913 , and the udge issued a bench
warrant for her arrest, bail was set at 1500. The court 's
pr*Vlous order was, "one year summary probations, pay fine in
Mount of $50 plus penalty assessment, stay of execution to
JanuitrY 31, 1973 for fine . Make all. repairs to satisfy Huntington
Beach Building Code and related codes by April. 12, 1973 and
#, nportw to court . probation to terminate on recelpt off' ..suc h
report. by the Huntington Beach Building Department and they are
to have the right of inspection during and after work." A subse-
quent court order was "terminate probation and reinstitute
probation for one year, conditions same as before with right of �
entry br City offloials . $250 Sine plus penalty assessment,
stayed for 30 days and dismissed if right or inspection made
t withIn 30 days and compliance ."
r , la. As of May 17 , 1974 the Building Department inspectors
>, have not been able to gain access to the property for inspection
purposes as directed by the court . There has been no compliance
with the teen of probation, and the violations remain.
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r Plannins Commission September 23 , 1974
C*ndittonal Exception No . 74-43 Page Four
1 24 l 74 defendant; did not appear, and the judge
,. �.. �n May r 9 pp , � g
7*voked probatrlon, issued a warrant for the arrest of the defendant
on the grounds of violation of probation (work was not done and
f:Ln* wets not paid) . The judge set the violation probation
baarin& for June 7, 1974 • On that date the defendant was to
�' ';• admit or deny violation of probation . If defendant admitted
• vtol.ation of probations there was a $250 fine . If defendant
denied there was a violation of probation, then a further hearing
would be not vith the attorneys presenting evidence at the
hearinS on the issue of violation . On this date defense attorney
4 MoVed to withdraw from the case and the court granted the metion.
12, June 7, 1974 -Cofendant made a motion for continuance
G. to August 12, 1974 which the court granted conditioned on defendant ' s
crbtai.ning a building pormit to construct the carport/patio cover
in conformance with the Building Code . If the conditional
eZception was not granted by the Board of Zoning Adjustments ,
then the defendant is to proceed modifying the carport/patio
structure.
13, August 12, 1974 - The court was informed that the Board
of Zoning Adjustments denied defendant ' s appeal . The defendant
Informed the oaurt than shy filed an appeal to the Planning
t oWdesion, continuing her Uvil, administrative remedies . The
Judge oalculated that with�n 45 days the Planning Commission
should have made a decision , and he set the matter for October 29
1974 . By that date, defendant should have commenced work on �t�e
carport/patio cover, or the Planning Conunission would have
overruled the Board of Zoning AdJ 1As tments .
14 . There have been seven cont.1nuances requested by the
defendant: and there have been three no a►-dearances by the defendant .
1 hope the foregoing c-mpliea with your request fora report
on the oriminal., prosecution regard-Ing Edith L . Anderson at 317
and 317 1/2 Adatrs Avenue , Huntington Beach. If you have any
Nrther questions , please do not hesitate to contact me .
Y'A '
Respettfully submitted,
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.JAY= GROBOg$ APPROVED:
puty City Attorney
Jd«obOle, _. ..
' cc : John Behrens DON P. BONFA
John O ' Connor
City Act:orney
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Memo of the UWW Bfatao, aver the a" of twety-am years.
That be is dre prfatar and publisher of the Huntington Beach �
N'evm • WOW* ow&O*per of ventral c MARtioo printed and pub•
sdwd in Haab Wft Such, Wifornin and circulated in the said
Omady of Orup ad alaawbere and pubbAed for the disseminaticAa {rj
of kml sad otbsr tow at a feral cbatscww and has a bona fide
sobaotI tim Art at payft subecar%m, surd laid paper has been f
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Chxmty of Ornp, for at feast one yeh c next the publicatSon
of the Mb st bmrdm et this wtiry; and the said newspaper is not
devoted to ibe hrtsrewt of, or publWhei for the entertal ment of any ,
M r elass, peotaaa10A tradr, caMM, race or denowlmtian, or T'
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7% HwftbWW Bosch PTw +was &Wudicated a legal newspaper �
GC X 1l rtsl ciratfatialr by Judra O. K. Scowl in the Superior Court
at Orate CknmtW, tWftbeoia AugM 27th, 1937 by order No, A-5931.
That OW A____ AL TO DENIAL . ,
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RECEIV
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newport aoNabarativei Ina.
May 23, I�'I4
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city Counei 1 0
Cityeaf Huntington Beach '*
Huntingian Beach, California
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Re-, CwWltlonal Exception No. 74-25 Appebl
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It Is my intention to appeal the decision of the Planning Commission on May 21, 1974 1
oWding CawOlitionai Exception No. 74-75 Appeal .
e
Subeeit as evidence sorrre of the findings of the Board of Zoning Adjustments: 0
1. Appteval is ptediooted on pr'evioaa direction by the planning Commission to prepare 19
an ordinance Opdo anondment to allow such a circumstance as tha applicwt is �
ends tvaring to entrain. �
�,� Fgrtfier• ki.A' t re the layout is drawn, the three story side of the building Is C
set b�k 10 toot, `4 the intent of the erdinarnce nods ro equarte building 3
setback to building helgirt.
3. The proposed height of the residence is 30 Not, which Is the maximum allowable
howht for two story dwseliirrgs.
4. The iasMon, site layout In design of the proposed dwelling Is harrm3lam and
aomp ible with the streets, driveways, property lines, and adjacent dwellings of �
! neiglrbalraod. as
We have ath+rrpW to prvvidrs the MwMngton Harbour area with a dwelling of excerpt— ar
larsally high quality within One realm of economic feasibility. This design reducer the moss 7
of the bvliding on the sheet side, while still carforWng to the invent of the rroning n
orananm to limit height and pftserve► view. by comporlson, the adiaoent dwelling is a
- $C67
444..E north newport boulevard . newport beach, calitornle 9 660 (714) 642 a
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city Carrell, City of Huntinutan beach
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Rt. P40 'ewe
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l the samw height, but it oxtends the Bull width of its site.
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Wo olew�d expended a la sum of time, rmm and effoit ire producing the aril
: !� , 1� � , y Produ n0 g+l
pi+o , pr*d h�rw since ea�nplata4y revisal the �l+ore in tha period followtno
04 No' day appeal period after the board of Uving Adl&utments decision, since we were
n" MOW that on pppiol WO mode until almmt thrwa weeks after the appeal wad filed. si
}' We ar'pkmirp to have a meeting with tho Architectural 16view Cormaime of the
+ t Ma"r oprrrtyr Owner's A miation to resoiva their objections prior to ;
194
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NEWPOV COLLADORATIVE, INC.
Dcrild E. L"OATfli, C.S. 1.
Exlewthm Architect
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NINUNItel slick FIANNIrg CIMMIS81IN
P.O. box 190 CALIFORNIA SSW
WHOIiT= MAYOR AM CITY COUNCIL
10 it, ";.: planning Commission
May 28, 1974
A'!"1'lrls David D. Rowlands, City Administrator
JWs CONDITIOflLL fEXCRPTION NO. 74-25 - APPEAL
Huntington Barbour Property
Owners Association
`' Applicant: David E. Lorensini, C.B.T .
Newport Collaborartive, Inc.
444-A North Newport Blvd.
Newport Beach, California
1
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Laoat:ft� a frst side of Bolero Lane, approximately 790 ft.
.ti
from Xinisterre Drive in the Rl boar Density Residential
y,
District.
st: To pert a d ft. side yard encroachment for a
posed 3 story dwelling unit in lieu of S. 9102. 2. 1 (b)
(mi.nimzm 10 ft. interior side yard setback) .
._. �P3,2 S cow"A'Sio►n Action: i
w.�Y. ww�wrAwwwr+l..w++�r.
}, On MotLon by porter and second by Geiger Conditional Bxception No.
74-25 appeal to deny was sustained for the following roason and by
tbo following) e;
Applioant failed to show hardship.
Porter, Geiger, Xerins, Bazil
! Won* {
o Higgins, Wallin
y'. AYl: Boyle
i�isaay Staff ffre�art=
Oa April 171. 1974 the Board of zoning Adjustments conditionally
amaraved Conditional Exception No. 74-25 and approved Use Permit
7 - 1, said approvals to permit the construction of a three (3)
story dwelling unit with a five (5) foot side yard encroachment
on property fronting on Bolero Lane within Huntington Harbour.
The condition of approval on the conditional exception was that
'no feature additions shell be made to the building' s height" .
4WD •
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The ftatingtcn Harbour Property fawners Association formally appealed
the award' s action in accordance with established appellate procedure.
The *axiisiam height of the subject proposal is thirty (30) feet.
Existing code requirements allow a two story building to be
constructed to a height of thirty (30 ) feet with a five (5) foot
interior side yard setback. Three story dweilingo may attain a
height of thix ty-f ive (3 S) feet subject to a use Permit application,
but aunt not back ton (10) feet from interior property l inea.
the nua,.w of stories of the building varies. One side of the
bdildiM is three atories and is set back ten (10) feet from the
propesty lino. The remaining half of the building is two stories
and sots back five (5) feet from the opposite interior side yard.
The Planning Comsission denied the appeal on Use Permit 74•-11, and
sustained the Board of Soni.ncl Adjustments' approval .
Add i t.�•.wonat l Information:
•urira� i wnwr� w w.•wryr�� .ter
Mr. David E. I.oreraafni, applicant, was present at the hearing and
answered the questions of the Commission.
Mr. Don Eggleston, Vice President of the Hunting-ton Harbour Property
Owner$ Association, addressed the Commission and spokes against the
project, indicating that he felt that both moral and legal issues
were involved. The CCSR' s which contained the signatures of soma
10500 residents indicated that no building of a three (S) story
height shall be pr:rmitted.
Mr. Edward Caudill addressed the Commission and spoke against the
project, stating teat }te felt it would be incongruous in the area.
Znyirotmtent&I Status:
The propo"I is cattigorically exempt from the provisions of �
California Rnvi.ronritntal Quality Act. a
Res ctfu►lly s i ted,
i
I
Richard A. Barlow
Secretary
Enclosures: Staff. Report
Area Map
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`r To: PLUNIN3 CXMIS$ION
FROM planning Department
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��: May 21 , 1974 PILING D1�T'E r 4/9/r74
[Ct 1DITI0i�z .^ee�'Tr SONXI RI
VON P&MIT NO, 74-11 Appm �, PLAN R RI
APPLICANT: David A. Lorengrin i, C.S. I .
444-A No. torpart Blvd.
Newport Beach CA 92660
APP1tT: Kuntin tan tirrbour Property
OWAOCa Association
P. D. Box 791
Sunset Beach, CA 90742
WCATIM 16787 Bolero Lane
CB AVOWTs To permit a 5 ft. aide yard
enc;oaehseent for a proposed
3-story dwelling unit:
UP RXQMTs To permit the construction
of a 3-story drysfling unit
ii RAL IWOTMATION:
On April 17, 1974 the Board of Zoning Adjustments conditionally J'
` approved Conditional Exception No. 74-25 and approved Use
Peftit No. 74-11.
air. A. Mo Knox, president of the Huntington harbour Boswowners
Assoclationt formally appealed the Hoard ' s action in accordance
with established appellate procedure. A copy of the Board of
Zonitng Adjustments minutos regarding the subject application
and the letter of appeal is attached for your oonsiderartion.
PfM=W UM UBE AM ZONING a
The subject pr; perty fronting on Bolero Lane and abutting the
axtin harbor channel within Huntington Harbour is presently
vadarnt: land. The surrounding property is developed wf th
sitngl a family residences except for a vacant parcel 3.n"diately
north of tare zubject site. The: property in the vicinity is
contained within an R-1 , low density residential district.
An are* map .to attached for your consideration.
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IWIR05MMMAL STATUS:
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The subject propon&I to build a single family residence is a
catevorioal womption,, Class 3 of the (Aliforai& Savironmental
Qsality Act, 197 . The Conditional Exception is rendered
F� ax'ssrpt fray envf rot�nt al rer aw as a catl"orical waep►t ion,
Q .aes• 51 of the CoLlifornsa Mvirora ental Quality Act*
a
yy, 61MK34'$15 C' BSA ACTION:
8•
The applicant and a representative of the property Omer
discussed their intentions auk interprets on of the
Ordiftance Code to the Board regarding the minim interior
wide yard setback. It: was the applicant' s aontArti ft that,
as a heroes star portion acid not encompass more than half
the building with, the physical layout proposed would meet
the intent of the code#
As the proposed layout is drawn, the throne story side of the
building is set back torte (2.0) feet in accordance with
O dinarnco Code requiroomts for three story buildin180
The
remain half of the building proposed at two st/o is
set book five (3) feet on the opposite interior sidle yard.
Although one half of the building is classified as two stories,
strict interpretation of the Ordinance Code would not trice
this into consideration as the building is defined by the
Uniform building Code as three stories.
The Board dicaussod the intent of the cede " oontends that,
in condidering buff'orars or setbacks* the code wart written in a �
manner to pxavide larger setbacks as the bu►ildizrg increases
In height,
itrtber disusssion easued regarding the proposed site layout
and the intent of the code. The nax J mum height of the sub j oec t
proposal it, thirty (30) toot. Bxisting code requirements
allow ar two story building to be constructed to a height of
thirty (10) feet with five (5) foot interior side yard
settooks.
Three story dwo11Lng9 any be built subject to approval of a
[lore Per,it application. Three story dwellings achy attlaLn a
height if thirty-five (33) feet, but crust set back ton (10)
feet frcm interior property lines.
The maker of the motion to approve the subject applic.ertion cited
the unreasonableness of the Ordinance Cade as the way it is
written is contrary -to the intant to provide wider setbacks
as the building height increases .
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PAN 3
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Mile reviewing a tape recording of a Planning Co mission
.,y acting in spring of 1973 regarding a similar vase as the
Apppplication a=rsntly under appeal, stiff noted that theglasrning Comission direot*d a Code Aaendmnt to be preps;rod
to oquate setbacks in teraw of height instead of stories*
Ws was never brought to the attention of planning Dep"twent
personnel to c«nce wcwk on the Code AmendeMente
BUGGOM ACTION:
The course of aaartion is discretionary with the Plowing
Commission, however, the staff recou=ends that a code
atimendownt be pursued to *Wate ssrthacLs in the RI district
to building height and not number of storiase Reaffirmation
of this reconswAation is roquestd by the staff.
Y�
.' If the Planning Commission proposers to take approval action
on the subject application the staff offers the following
F findings of approvals
CONDITIONAL Z=ZP'T1CR 74-I5 - FINDINGS
16 Approval is predicated on previous direction to prepare
an ordinance code amendment to allow such a circumta>anoe
as the applicant is endeavoring to attain.
2. Further, that as the proposed layout is drawn v the three �
story side of the building is set back 10 ft. , thus meting
the intent of the ordinance cache to equate building actbaok
to buildinq height. {
3• Although one half of the building is classified Baas twol-storieel
strict interpretation of they ordinance code Mound not take
" this into consideration as the building is defined by the
uni.fox% building code as three stories.
VON PX MIT NO. 74-11 - rINDINGS
I . Other three story duelling units are located in Huntington
9arbou r area.
x . The three story side of the building is •set back 10 ft. ,
providing an adequate buffer from the adjacent property.
1
3. The proposed height of the residence is 30 ft. , which in
the maximum allowable height for two story dwellings.
4 . The location, site layout in design of the proposed
dwelling is harmonious and compatiblo with the streets,
driveways, property 1 inces # and adjacent dwe ll i,ngs of the:
neighborhood.
IILlrlyVM. 1•yl,•i••.,
�•. ,IIyA.BC�yK,ft���p4��,�`,ir��f� �i1,, F},�' •:'�,r ��1 r•�'}r�F�lfi�l.i•�. � � t��!r��✓. f�vV �yY�'�,�,�' ��k�
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CONDITIONAL EXCEPTION We 74-25 �
us LqQr.
IT NO, 74-11
aElum FLMMM a.
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(� k .w� M� k,xMrb!♦ �i V'+1 i4 y Y ,�w•' V . F 1 1• r J •'1 • •)
i•i�. ,1.;�/����J�����all�R' •r• � � � ,41'
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tbp 047 of t tva %Soho indo Opufts,
the bow og
as aroma tlrr�nr * s� .ilr. as mar• i
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MIZA dw of 1� . air WNW . of
�uMrwa tho danial by trig cAfty P141kal of
Ob. 744-2$ to Vomit a live (1) foot 9 a b
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mac �► $-ftwj ft"11" =It in lu" of v.otiat Jp103.3.j(b) (MIA i
jud aatbac*) # a% pcqp6M lo"thd oo tha West aide of
'aa
K " xow,, 4090 ftiy 790 loot fear tAniato=o Oviar in the x Lour with
M nt ►i District. a legal doo=ilption it ca lily In �
tbo city flrwns
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All tota"ted t* 49t"d 9414 WWI% M4
torw�t
a tblo"r *0010" !Or Of 0010ft 4014 aPPOl to CS 174-2% i
Pwftat Into riaw m7 be vbwa*d ft do Ofliar of dw at
r flc
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Number n f Excerpts
Publish
LOCAL NOT Y CE
WtICB OF PUBLIC HEARING
go 950M goo 74"U t
'I'1Ce la Nh1061 GIVEN that a pablic hearing will be hold
r
by ,tka City Fldt.lting Coswix.s iaii of the City of tluntialton beach,
1 C41ifamia, for the purpose of cunsid*riri m �o
�` +� 1W uat�atrr ��� an C��d�ltie �qMr
ar� g"t 1ffo. 7 'll
yI &Mots T porssit a B fhw eide pasd mna 1t ew a
3:4 -- 60*111sto Mit is luft I
seek)
tail ter aaa�rt ran of a 3-
skit rfob
Blb" / or MWi
1f lri Pl li l► 1t M�e111rIM 44 w
t� In 41 file 4n tm Dax 600611 offlift
I
Said hearing will be hold at the hour of 740 on
1AW Xl, 1974 in the Council Chamber Bui lil i ng of
the Civic Centtr , 2000 Main Street , Huntington Wach, California.
All I nterestod persons sire invited to attend sold hearing and
•apress their o inloas for or against the proposed CO""ioaal
�Am 74olS mad use Ptumi t Noe 7441 •
Further information may be obtained frog the City Planning
' Departs�srit .
Telephone No . (714) 536 .5171
DATED this 7th day of We 1174
CITY PLANNING COWIS$ION
BY.
Richard A. Harlow
Secretary
rrt � S-�� 411� taw
r:•
� 1 j11.drA y+
ow
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Oft SALL POINT PW OOOLV w On" rlw4Lv a
17
• Chi RGICOPT
OTY 2F NOT f EA N i
',�y� 11Wllltl�lOt�f�l �l►4Mr �rAL1r��lIM111 �IIM '
1,4
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UN Ift s, 14 -l 1
A 189Q9pe A042ws 9 '�►1�� 1'�icha� L. 4hn llar�cil16712 ��l H Later
Icrraah, Cali[ �677 59th Ili A�t. h Htrititlo l�ad1►, Crs1i
99 � Lang beach, Cal t 92449
! 90110
I►ti � C Miler Harry R Smith Robert R. Wyatt
424 ftlltlavwv DIV4, V.III 16761 Sea Witch Lane 16722 Bolero Low
asbt call! Huntington Reach, CA 1.1 f Hunt notoq BOWdt, Calif
92669 9$d� 19
ackmat nt t
L. Vyl,paa 3 M C Conctruction M12bo. A� at
ro 7071 Garfield! Avows Los yingeiea� at
gom
Iliadh, CnI tt (iwntiflig tynl heach, calif Attall •+Alt "OlOtant
f► 92647 Design It
I
Ir Joe Karbo me a. Val" lush Od"
"JACO for 16702 Bolero Lana 1993 � 17th Stet
,l
Calif Kuntlagtaa beach, Ca 1 i f MVnt6 ft r !
92649 Attar Q��,sty iot "Pt.
1
1
, awa0r� Glen 8, Dyain9er one" g'ii Odw" "Oft
1dOlIt Bea. 10lt6 "M 16711 tales* Lace 7b79 .W&=Ow AVOMIS
brag CA11! HuntingtAmm beach Calif 1Mept4_-- veer caut
99i6! >�ttAf Oliteldt bc.
C. sda� Pz*4 0, 16ayise
as wiivh Lars 16721 Solaro Low
0644b, Calf! kkatington Meaah, Calif
99619
� t
John 0* Gobbe 11
�)
JMea Ml OLme 16731 an iero► Larw
�h
r Cali! H%mting saaah, Calif
192649
! wlat�tuften bank Jo U% Tian agaiwnt Co f.
0190616 TR id 94 1�1. � noriaetlr wi.
�ift at.
11�1ohi� f92Zb
In 1ad, Cali!
9a9a1
ISM jrmAt fti" 16 751 ,ftliro Lines
�gton Boom, Calif Hmtingtoh Beach, Calif
j 92649
mmb
C9 Not 74-25 ,'►
Ome Perin 74-25
David no, UW44410i Cet Arras N Maha"n Robes K. 1'r&edmn
444-A Va= rt hlvd i, 16757 bolero Lane 16$11 Bolero Lana
�� calif huntirwton ftaaah, Ca) i r Huntington Newh, Calia
f!i 9 92649 92649-1
aSl6 Mod FLost*r Melvin E. Vauhan .Tt . John M $tricker
nos �itrd. 16761 bolam Law 16821 maXaza tame
C11W of I"Mts°7, Calif HuntiAqtCm UOWAI, Ca I i r 1iautington meach a C4119
!lf`d 926$9 92449
�1c John X minaaian Ra4o
h 0n is Nio U
16767 Bolero Lana 1 Drive
Huntington 9"ch, Ca) i i ftgma wall`, Callr
92649 92651
t La "Low Carp• Jolm L. Stank* U"UnytOA ttt>l;9fee�
i 7• $1�ridl. 16771 Bolero Lamm 414k Il mer Avenue
*M� Cad•!f RUnti on ft&ah, Ca i i P Imtl"troy i Ga,l�
92449 91649
Walter U. Nisbet mobefta A Bail
16777 Bolero 14" 16742 Sol-ore Lana �
1e, lif 9 tingt n beach, Calif !i49ngl�ron Neach, Callt
i
"m fiats Henry A Wbods or, grichaed S. sowdm
E'6111"MROAW
t�na�din pri« 4911 S. Kor ndia A�tenvn 16762 bolero Lum
1lMeach, Calif Lae Angelis, Calif livatingtaon Mm*, C MI
92449 90027 91642
L ley Jack A Fenton .lama Garge"
1601 W. move rl alvd.
• !941 Cax�wrel Lana Y 16772 �lalara Lam
b a 9460'h o Cs1.i f Montebello, CaUt Huntington "Ache CUM=
9 �9 q�i64� 92649
Ronald j maivem"
�110 x1'lght A�hlllM 14795 Bolero T.,Ane 71 Angela Nellk
L" Aa"Iea a Cali.! nwntington Jam►ch, Calif haaah, Calif
. 1IA03i
92649 mol 3
oboe a* qfm�m 1rviny 7ubin David L Myer
1$1 �r LeboP . 06 box 545
16792 B�rla iana
wool h, Cali*! Rec�ohdc Brach. Calif Huntington beacii, Calif
d9 9ax7"i
92649
d a" $ Ri lliaa Richard b. hr ut t i q lad,lord a F"21*
34TU ftodexer Was 4929 Lod Pali* Blvd. 16502 Bolero Lane
Ikm Bea , C als! Lod Angolan, Calif 11anting%an boach, Calif
90027 92649
P
r
16622 $Otero lane
ftatingm Minh, CL
92649
Ndward Mslksr
1"32 bolero lane
smintu* lavabo M
92649 f
1"21 sea Witch Lame y 'j • �,
Nottgtos loath. CA d ;
92649
%d"T4 C. 6clwsm
16611 fta Mitch Lam r �
N at ingcon ftac o, CA
Rr ► Amseh
IM7 9" Vita% 1ano
Imintom 1aaab, CA V
0264
`La dolma Omp
466? Mecosthm glvd,
Suites 30Y •y
Newport Ueek, M C
416 Mil ins Weas R
alm"Is, a
91208
Charinr M. tti4te
4053 Ai'.adia Drive
Nantftr.o r l eNeh, C h
426+19
16141 Carousel lane
sAtIntrn haah, Ok
92649
r ,-lag. )
l)coa ld L. Fy 1 p+ea
16822 Solaro Inn*
mart ingten Beach, CA
92649
i
Uward Walker
16832 Solaro Lane
Nuntivgton beach, CA
92649
Dantel. ftan4han
'�. 16821 Saw ditch Lane
it Nuntin4tom Deacb, CA
r 92649
bdward C. S►-huaau
1OLI Sea Witch Lane
t ingtan Beach o
92640
Lomm B"ech
16607 Sam Witch TAne
Duet Ugtan beach, CA
92"9
TA Solana Corp
4667 MacArthur Blvd.
Suite 307
Newport beach, CA
926W
Jack H. Broberg
416 Khirims Woods Rd
41e�a1i, C!►
91208
Charles M. Hints
4033 Alledin arIvr,
&mtiDgt*n 3each, CA
92649
L L. Lady
, 5141 Carousel Lana
N ►ttv4tcs Bleach, CA
92649
J
t ' %2/0
CROONER flAPOPALORN J7
463 50UYH SKIING STREET,L03 ANGELE&, CALIFORNIA
MAILING ADDRESS / BOX 2457, LD$ ANGELES, rALIFORNIA 90051
air C, C;0 L,&Vol 6
Honorable Meyor anO City Council 9
P. 0. Box 190
Huntington Beach, Calif. 92648
Attention; Alicia M. Wentworth, City Clerk
Dear Ms. Wentworth :
At the Planning C"ission meeting on May 79 1974, Crocker Bank 's
request for a conditional use exception from the current sign ordinance
was decried. On the grounds of hardship caused by strict compliance with
the mal*xim m height requirements of City Sign Ordinance, we. respectfully
request a hearing before the City Council meeting on June 3 to appeal
the !'1an0ng Commissions decision. Our bank is located at 302 Fifth
Ave;rue, ane the Conditional Exception Number is 74 - 14.
Very truly yours,
Donald M. Porker, Architect
Assistant Vier President
Bank Properties Department
OMP/yh
cc- Victor J. Ruedy, A.Y.P. and Manager
DONALD M.FARKER
At~
i
cNocKEn ntmanat sanN
Los Anga c�4me Vol
(213)eel-UN
7Pr
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+ 4 Zz
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Looking South or- IvAin street in traffic lane at intersection of YAin Orange. Approx. 7!;% of sign area
wmild be visible with top of sign at 421. With top of sign at 25t approx. 90% of sign is behind hots
building & the balance obl.Iterateti by other signs North of the location.
t
WPM
Vlfl"' IRAL.L. 100INT P6M ONLY — PIC968 FIRMLY
CASH RECEIPT
CITY OF HUNTINGTON BEACH
+w...rr.r�.
P.C. BOX 71 1 ,+'
HUNTINGTON NEACH, CALIFORNIA 92A48
17141 536-ISZ00
CITY 1 REASURER WARREN G. HALL ip.
R8I~T. ISSUING —DATE -,[
MRZQIIVRD FROM
•• 4!!O Ai�t! -+ dCAA
op
An -- -
-'�
f.
MOUNT 11ItC717K
CASH ❑ CHItCK d
A.B.A.
ACCOUNT AMOUNT '
oeg
CJ
TOTAL
i
0
Na. OQPTI
6 CUSTOMER
64..,V
A
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Affidavit of Pr Nication
state of Ofifosnla
'County of Orange
City of Huntington Beach 1
George raryuhar, belng duly sworn on oath, says: That he is a
dozen of 1ha United States, over the age of twenty-one y ears.
That he is the printoa and publisher of the Huntington loch
News, a week
ly newspaper of gttteral ciswlation p:iated end pub- 4
lieiwd fn Huntington Beach, California and circulated in the said
County of Orange and elsewhere and published for the dImeminatlon
of local aid other news of a general character, and '.as a bona fide _
` subscription lift at paying subscribers, and said paper has ncen
eatabllshed, pAnted and published in the State of C:altlornia, and
County of Orange, for at least one year next before the publimtion N
of the tfrvrt insertion of Oils wdee; and the said newspaper is not
devote/ to the interest of or ubllahea for the entertainment cof any ,
P ,
pkrticular claws, protesaiors, trade, cr.11ing, races or denomination, or
any number thereof. L
The Huntington Each h New was adjudicated a lrgal newspaper
of general circulation ty Judge G, K Scovel In the Superior Court
of tstange County, C.alWozu a August 27th, 1937 by order No. A•593i.
Z1rat~ the APPEAL TO UIIAL: —
cc which tfse amm uM b s painted copy, was published in said news-
; E
at ldas►t ., .one i 9#ue
Mnmatx trw Vie ,. . day of - Max--
3924.
m W eedhw ca the 23 day o>< _MAY
1274...r both day% inclusive, and as often during acid period and
dzn s,+c oC publicatian su raid paper was zegul+arl<v Wued, and in the
iregulsir and entire issue of sWd pewspaper proper, and not in a
nrpp3at, and said notir was published therein on the following
WON to-wit:
X&I 23, 1474
bl3sher
hulacrand eased sprotsa to before we tfits VA12 day of
t. .� Notary publi �
man;► County, c�+difornia
7FIC W" D. WvW1
iwOM h.Wk'C4"1q.Mr.
� OMM"�tec,;OWOY1,e,r
sr 12, 1914
A
Womb ,
Publish 5/23%74
APPf.Ai. T2 DENIAL - CONDITIONAL EXCEPTION! W. 74-14 ef 40e .
w— I — -- -----Odftmft� 2
11CTICE IN Mom' =V= that a public bea riei will be hold by the
City Connell of tiw C1tY Of M. 0t44tem nacho in the Coned&
Cha wr o f the C iwte Co1her, t tem 3448b, at tine bow a#
.�t In...... 1►.M. , er Ni sow! thowwoet M► Pot 018 1 40 Mave�r .
of June , 9 L4 ,, (er dw of
cawl w$4 an weal to the Planning Comission 's denial of CaeIitiowei Exception
NO. 74-14 to permit the construction of a pole sig(i exceeding the aoximA ptraissible
hei9ht provided by code in lieu of Section 9764 . 3.2 (Maximum height in Q (Ct rJ y
Susi s District , C3 (General Business District) and C4 (Niger CoelOrciol District)
of the Huntington Beach Ordinance Code, The subject property is located on the west �
side of Thin Street, approximately 50 feet north of Olive Avenja in the Q (Ger ral
ksin"s District) . A legal description is on file in the Planning Deperlwt Office.
+ ► Wom ►BEM wo i"t"A to ano" 04ld jww "
is i for O bat said "Appeal
f4ows* Alow claw my be c6taiaod fxaw ebe Ciflee e# do Cilry
7� C17T or- WKIINVON MAOM
YMUM
•
I .
ty heft
e
Number of Excerpts -- -- -- _
Publish Once
LEGAI. NOTICE
NOTICE OF PUPLIC HEARING
CONDMONAL EXCEPTION Nd 74-14 - APPEAL
NOTICE IS HEREBY GIVEN that a public hearing will be held
by the City Planning uommissian of the City of Huntington Beach,
California, for the purpose of consideri.ng_,an appeal to the
Planning Coml asion's denial on Conditional Exception No. 74-14
to permit the oonattruction of a pole sign exceeding the
anxinum permissible height provided by code in lieu of Section
9764. 3.2 (maximum height in C20 C.. .arid C4 districts) of the
Huntington Beach ordinance Code . The subject propezty is located
on the meet aide of Main Street, approximately 50 ft. north of
Olive Aveuue in the C3 General Business District. A legal
description is on fiie in the planning Departmnet Of ice .
St;id hearing will be held at the hour of� P.M. , on
in the CouncilChamber Building of
the Civic Center , 2000 Main Street , Huntington Beach, California .
i
i
All interested persons are invited to attend said hearing and
erpreas their opinions for or against the proposed
Further information may be obtained from the City planning
ne►pa�rtment . .�
Telephone No. (724) 536-,27'1
DATED this day o f � .
CITY PLANNING COWISSION
Ri ahard A. Harlow
Secretary
� A,: 14 14 P 1!:n t,
Zeb V . tic:'her.son Jr . tc,c:l,�r ;�;ci►1. vet 1 1 i �,t,t it. l�.:yarr
3760-8 S. Vista CaMpUnd 365 ria; n St reek
Oceanside, Calf f bull t i ngU.)n Beach , calif
92054 /fti!�it i �'.c)Xl�c�i at I c,r� 9::648
'.;-�,- urance A Trust wiil ia>an �J J . 1'ett lur
Tit... cal i v� H '�'u,:ki:r
433 S . ,ring Street 1006,E rtai r i may. Dri ,: 10?4 �tai n Strout
Los Angeles , Calif 92 4�iidt.on Bca�;h , �`a 1 i E Ilunt.: ngkun
90013 92648
H1izabaty Rossee Aame5 11. hunhar,t Paul ,
527 Mt. �Aew Avenue 47 t -e:t I ;,t .1oso:.-h ►,�,,, i cl . loos
San Bernardino. Calif Long 130ac:11 , oa l i t 1840 Pine Strout
94201 hunt i ngta-c Beach , C.Al i f
yQQ03 92641s
Harry Pn. '-itankrug
a
council Ali.f f ri Goor(je Phillips hetre)IdLar Co
1`',t�. Ektx 761
Iowa, 51501 Tax, Inc. a Claims Dept
Huntingtan Reach, ceilif 1 California Street
92648 Sari Francisco, Calif . 94111
Ns tl tx> x Chenter t, flond Valentine Parnakian
305 5th Street 31.2 Chicago Avenue
Huntingt~ot, Huntington Beach , Calif
92638 02648
Hele;tx. C Co*
2549 North G Street Panay 7 BondE„r�rrett t!: Hicks
Sate Be>rnardines Calit 309 5t h Strec:t 301 7th SLreat
92405 Apt. . I, !tun : i ngton Beach ,. c:,c i t f
Huntington Buitun , % -,Arai c 92648
92648
'Violet r Blaclt Andrew U. Sharidri ck
�.t). box 1902 � United States of Amc:riC a!
ip.o. box 1402 228 1/2 main street Pant Office Sul ].Jing
r9r Prescott,
Huntington Roach , Cat i t Huntington Beach , Calif
92648 92646
David C. Hlarte John I.. lliai r 1 ck s at,
1 Barrarnuar day David W. Lang
South Laguna, Calif 63.8 Alatriama Avenue 1617 Antigua Way
9677 Hunt i n3ton Dea�ch , 1:'A I i t Newport beach # Calif
92648 9266C
den A Trainer Clarena:: A Oreene
325 5tly Str"t 2251 Chce l aii Place Leon t nubav
SuiHuntongton bleat %r Ca I r t Los t► igeles , Cal! t Suite Av�tctl�s 92648 90028
Huntington Beault , Calif
92648
palph N. Highsmith taonald I. I11 t islet". %
322 Mein Street 1,9251 wa-ynaut tt t .sect: Z .. ...�,r
$r�al beachr Calif hunt i rc(ttun a,:�t. t� , C.c 1 I r IN
.a
� 7�� 92646 '
rim � A
j,. .
CE # 74'•14
ltoijert: L Mull i �r i Elmyra I Terry
Rudolf �fefelein 1111 nark Street 122 - 5th Street
InAmpendent, Volkewagen Huntington Beach , CaJJ E Huntington Eaeach , Calif
303 3rd Street. 92648 92648
Huntingtoo Beach, Calif
92648
Marcus M McCallen AsSiatance League of Oscar G. Taylor
Realty Synd. Box 550 Huntington Reach P .0. Box 725
Huntington Beach, Calif 301 Walnut Av enue Huntington Reacn , Calif
92649 Huntington Beach , Calif 92640
92648
Croaker Citf>rens Ha�s�t Elizabeth .r. Bosw.e l l orange Coast 6peciLiciex
Nail. Tr. 324 Carwino Project go. 2
910 N. B:�a�IrB�► Sari r:1 etpen t e , Calif P.C. box ';Z 5
Santa Ana, Calif 9267Z Kuntir,:gtartat Beach, Calif
92701 92648
Bdith 14. pi.ckersom Leonard 0 Lf „dbory bmnrtirt 94t�t Odd
220 6th dt"ot 112 - kith Street n
12
Huntington Ikac`�, Calif Huntington Beach , Calif 1"9� 11�I1 Bldg• Anse..
92648
Umntington Saaah, CvXif
93E 48
Willi= J. Tot"'r V&VIIne M C00pe X Guuraharn 8 Suynoems
10062 Marlri..Frae DrAve 1734 Park Stx*et box $02 J'I
Haanti.ngton ftach, Calif Huntington Beach, Calif Huntington beach, Calif
92646 97548 92648
Ja m6m !4 hrigs Iata:cus G. Howard Phoenix Investartent Co.
1.415V Via Pa►o*dar 627 Maim t;t reert 222 1/2 Main Street
urtift, Ca�.if Huntington Beach, C41 i ! Huntington Basch, Calif
92660 97..6 48 92646
Kenneth t. Runk Tovatt tlartiware Edward F. Bray
213 Sth Otr"t 401 Main Stxeet P.O. Box .209
Huntington beach, Calif Huntington Deach, Calif Huntington Beaach, Calif
92648 92648 9254e
City of t+uw,l.imjtun Deauti Patricia A Utr
Jatarras M Briggs P .O. Box 190 710 - 12th Street
14156 Via pasaeda Huntington Scach, calif Huntington Beach, Calif
Tuist:in# Calif Attn: City AdminietraatoL 92648
92690
Paul N. Bl udehach Aasaon F. Robinson
AIM aw Lt mu mod 945 - luth Street 340 Peach Tree Lane
8221 Mary Cirale Huntington Beach, c;�, I i 1 Newport 8ea�h , Calif
Btu Ungton Beach, Calif 92648 92661
92646
John 01 Wiwi Berta 1, T(ovat t Maxl.an T. Ries
218 5th street 211 M.81 Street. 925 W 10th Street i
Huntington Dea0h, Calif iiuntir~%jt ion Sc:aoc:io , Huntington �k*&Ch, C81if
92648 92648 92648
'i
Rochs lle Nicuolo
400 - 3rd Atrcat
j Huntington Oead,. , Calif
i 92648
Edword A'. Pray
Hu t-lington bract , Calif
M48
��arxs�c
tmaia 0" rnthrl
3 ta11e $treat
fasadoga, Cart
91107
XM Y• union M5gi1 School
1902 - I7th Stro t
Momt,ington heach, Calif
Attn: District 8vp.
H.S. 816mantary School.
770 - 17th Stxoet
Huntington Brach , Calif
Attna District supt.
Dept . oZ Transportation
120 So. Spring .Straat
Los Argelas, Calif 90052
Attn: AsatnoDesiV 8
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Huntington Bosch Piannint Commission
P.O. sox 1*0 CALIFORNIA 994"
TO s HONORABLH MAYOR AND CITY CQUNCIIi
F R094Y Planning Commis®ion
DATH s May 24 , 1.9 7 4
ATTHMIGN: David D. Rowlands, City Administrator
RE s CCNDITIONA16 EXCEPTION NO. 74-44 - APPEAL
tic r Crocker Ban%
c/o QRS Corporation
f
1120 Towne Avenue
Los Angeles, California
AM.Ilant: Donald 14. Forker, Architect
Location : Wait side of Main Street, approximately 50 feet north of
Olive Avenue in the C3 General Business District
Request; To permit the construction of a pole sign exceeding the
maximum permissible height provided by Code in lieu of
Section 9764. 3. 2 . (Maximum height in C2 Community
Business District , C3 General Business District and C4
Highway Commercial, District of the Huntington -Beach
Ordinance Cade.
Planninc Commission Action : May 71 1974
on motion by Geiger and second by Bazil Conditional
Exception 74-14 was denied for the reason that the
applicant had failed to demonstrate a justifiable
hardship by the following vote:
Ayes: Geiger, Bazi1 , Kerins, Porter, Wallin# Boyle
Noes; Done
Absents Higgins
$tx r _of Staff Report a
�sr♦r��Ir
On April 3, 1974 the Board of zoning Adjustments referred Conditional
dsaeption Duo. 14-14 to the Planning Commission for consideration.
t%* subject proposal is to modify the copy of an existing 491 10"
high poie sign reflecting a now bast owner, reduction of the height
to 481 , and eli.seinating one whole support, thus creating a one column
pole sign*
:Uatifloatioa for approval of Cho Conditional fteeption cited on the
sol scant' s park was the need for the precise lcicati.on of the subject
a o a s Ainoe a coe tio�nal 251
high pole sign could not be readily
od travolliag south on Main Street because of other buildings
;M ` �tiAq with the right of the sign.
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The subject sign is located within a key shop fronting can Main
Street, near the intersection of Olive Avenue and Main Street.
The bank "tilizing the sign is located on the iortheast corner
of Olive Avenue and Fifth Street.
The proposal, is euempt from submittal of envzrorunenta 1. documents#
as dolineated to Class S and Clans 11 crat€gorical exemptions of
the Cal_,fornia Envirorunental Quality Act of 1970 .
Res tftz y s bmi �e
Richard A. Harlow
Secretary
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S►T A►FF R RPt)RT
TO PL,ANNIN�, COMMISS10IN
FR(*4 Plantiiny Department DATE : May 7 , 1974
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`t�MDlx'Ll%Nl�I lJX!'F:t"t' i(•�,d ;�' J-1 - l4 FILING DATE ; NUVh 7, 1974
APPLICANT: Cr'cnckc,; r iiatlj,. ZONE: C3
AGENT: QRS Corpurrit. iori t',F:NERAL >rLJW:
U01) Van Gt, rpen Dest.inaLloiA Resurc
1120 Towne Ave .
Los Amje lor4 , CA
OWNER: Tit W 1 r-::ur�tnce & Trust. C+� .
433 S. Spring St.
Los Ange les t CA 90013
LOCATION: 302 Fifth ,Avnilue
C EASt of Fifth Avenue ,
North of G.f iVe Avenue
RRQUEST: REmode l of e x i n t i nq P01e s: n
4 -
Maintain hni9ht of 48'
REFERRED BY BOARF' OF ZONING ADJUST"NENTS
GiENBRArt INFORMATION:
On April 3, 1974 the Board or Zoning Adjustments referred
Conditioned Exception No . 74-14 to the Planning Commission
for consideration. The maker of the motion to refer the
application cited locational characteristics of the sign
and in particular, its relation t•'� the bank warranted review
by the Planning Conanissico. The sob ject proposal is to
wdifx the copy of an existing 49 ' 10" high pale sign
reflecting a now bank o,,ner, reduction of the height to
48' , on3 eliminating one whole support, thus creating a
one column pole sign. The Boare of Zoning Adjustments'
tafnetes of April 3, 1974 are atta.hed for your consid.-!ra-
tion.
pRzSWff LAND USE AND ZONING.,
the subJ ct sign in located within a key shop fronti:. .� on
Main Watt, near the intersection of Olive Avenue and fain
Rtr"t. The bank utilizing the sign is located on the north-
mast corner of Olive Avenue and Fifth Street. The surrou»ding
property is contained within a C3 , general business district
and is developed with numerous commerc.iAl entities .
WMdb
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STAFF WORT
PAGE
SNVIRONKRNTAL STATUS:
The subjet.lt sign is exempt from submittal of rrenvirormenta]
documeents# as delineated in Class 5 and Claso 11 categorical
exemptions of the c:alifornia Environmental Quality Act of
1970 . Clasai.fieri exempti,ond as outlirnm', under Claris 5 include
Issuance of minor encroachment perm.itis avid glass 11 exemptions
include on-promisee soigne.
MALYS I S t
in general, justification for approval of the conditional
exception cited on the applicant 's part is the need for the
precise location of the subject sign, A copy of the
application and ;justification for approval in attached for
your cons id err:t ion.
At the Board if Zoning Adjustments meeting of April 3 , IS74,
the applicant discuseed what he thought w old be inev.1toblee
economic hardships if the subject sign were not parmicted to
attain a height reasonably near what presently exists. Part
of his reasoning was predicated on the premise that a conven-
tional 25 ' high pole sign cc►uld not be readily identified
traveeLling south on Main Stree ;: bercauae of other buildings
interfering with the sight of tie sign. The Board .oteed
than buildin n in this arwa have no front yard netbackj i.e. ,
they, are adjacent to the sidewalk.
Discussion ensued as to the reasons for referral to the
Planni ,r. Commission. Me mt-erg, discussoed the location of
the sign questioning whett,,e3r it was,, in fact, mn on-prexise
sign because of its location away frm the bank and being
contained within a key shop. Upon further discussion, the
board determined the subject sign is on-site as defined by
the Ordinance Code.
The Boars diaccaese3d the legal notification of the conditional
eexcoption and it was a► consensus that the only exception belling
proposed was to maintain a height exceeding code limitations
and further that all other Ordinance Code references do not
aptly.
It is not certain at this time whether or not the applicant
was apprised of which criteria to address his justification
for the proposed conditional exception. Seection 9763. 4 . 4 of
the Sign Code (variances) contains criteria the Ysoard of
Zoning Adjustments must consider before approval action can
be taken on a reign variance. As no application exists for a
variance it was advised that a conditional exception appllLa-
Lion vould have to be filed pursuant to this section if the
applicant wishee4 to justify the request under the criteria
ciont,6fnod within the Sign Code .
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STAFF REPORT
PAGE 3
Conversely, if the applicant wished to justify his conditional
excepti,ni p(, ' :.a in.inq to the ether. !jet of hardshi.pc. as outlined
in Section 99.11 . 1 . 1 he could ao so.
CONE GUS Y oK :
Prior to consideration of the c.ordiLional exception application
by the Planning Commission the question should ire asked of the
appi lcan•t relating to which criteria for consideration of a
cox,c itiona l exception appli.00ation is tie referencing . If the
applicant is addr as&.Lnc, criteria contained within Article 976
tho Plairning Commission should, judge the application on the
following criteria
(S-9763.4 .4 ) (a) That strict compl.iancR with the terms of this coda+ will
result in a substantial economic hardship to the appli ^ant
or that the applicant will suffer grew: financial Inss
thereby; and
(b) That the sign will not adversely affect other lawfully
erected signs in the same area; and
(c) That the sign variance applied for will not be detrimental
to they property located in -he vicinity of the property on
which said sign is located; and
(d) That the -sign will be in keeping with the character of
the surroL . ,ding neigh*,io.hood; and
(e ) That the sign shall not obstruct pedestrian+ or other
vehicular traffic vision.
If the applicant in addressing criteria contained in Article
981 the Manning Comission should consi,dsr and judge the
conditional exception on the following oriteria:
(a) That the granting of a Conditional Exception will not
congtitute a grant of special privilege in^cneistent
upon other properties in the Vicinity and under an
identical zone classif icat:ion$ .
(b) That because of special, circumstances applicable to the
subject ;,rapert:y, including size , shape, topograph#
location or surroundings, the strict application cif the
saning ordinance is found to deprive the subject property
of privileges enjoyed by other properties in the vicinity
and under identical zone classifications.
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S'T"r REPORT
PAGE 4
(c) That the granting of a► Conditional Exception is necessary
to preserve t,.e enjoyment of one or more sub.4tantial
property rights .
(d) That they granting oZ a Conditional. Exception will not be
materially detrimental to the public: welfare or injurious
to property in the same zones clasmif ication.
I
(a) That the granting of a Conditional Hxception will not
adversely affect the Kanter plan of the City of Huntington
&wch. (1190)
i
ReCORKMIDAT ION i
If the Planning Cotmmission wishes to take approval action on
the subject request the staff offers the following findings
of facts
(1 ) The location of existingtwo star buildings to the north
Y 9
cf the subject Property would preclude vision of ai sign
conforming to maximum% allowable height limits when
travelling south on Main Street. �
(2) The maintenance of a sign at a similar height to what
presently exists is necessary to maintaia adequ.te
exposure to the primary advertising frontage, i. e.
Naiw Street.
(3) That traffic volumes in the vicinity of the subject site
substantiate the necessity for placement of a sign on
Main Street. (main Street trips per d4y -- approximately
8 000 compared to Oliva Avenue -w approximately 3 , 500
trips per day and Sth Street approximately 3, 500 trips
per day. )
(4) by virtue of its location adequate exposure to the bank
facility constitutes ar hardship.
AS aw factual infomation was suba►itted addressing economic
hardship the steff cannot offer any potential findings of
fact regarding this issue.
The staff and umbers of the Hurd of Zoning Adjustments will
be prepared to discuss this hatter with the Planning Comission
at the meeting.
Attachments
DX esC
1 �
- BOARD D: city of Hunovi o Bomb e
PLANNING DLPARTMENT
Z6NING ADJUSTMENTS P.O. Bost 190
Han6wo sw lfi=A. C111W. 92"s
MY OF. HUATINGTON BEACH Tell (7141 !3d•l271
Present Zone L• - !aM +'
Crocker Bank TYI'li OF Pliff loN 111 pan CANN wUUM
or rat ----•---�—
ofo o porixtion , Attns Bob Van u r „�1 :s.ora
J120 Towns Ava. , L. A. ' Gerpem cu�idir►an,i epc��' mm Cs
meta FG11MAD Arnendmeltit � 25.00 PPA
13) 7 d 8-a 131 Administl-sei rr. Rt%irw^^ 10, Alit
Tevium—MOM DV
Title tnstireflc:e i� 'trust Cam n . —....__.._...� ._....,�... . _.,....+..��.,.�.�..,
pa y
�Q Sustttee nd True � � �477-:3
reye t � �'P► 1 14-- Ownership verification
C '—" U Letter of AuthOdMian
rmt
Ord Ae:don Date: Conimistiou Action Date:
O Approved O &,staincd 11ZA
l7 CA-Poditionally Approved O CneditionAlly Approved RECEIV o
a Dtv%W 0 Approved MAR 71974
17 Withdrswn U Withdrawn
0 lltefentd to P. C. 0 Referred back to HZA
Appealed: Yes O We 0 Appealed: Yes O N:s O PLANNONG
7TO
FRUIT. Remodel of existing pole sign. M64,0"AIL: ti-r -F 4A-'�
r14V.11ANT TO: �...._..,__ IN LIEU OF: � _. PPA Previous Can:
f LCAC 110N OF PROPli;lt't`Y,
Fast-Fifth Avernus
I. StrtaAddrems. 302 Fifth Avenue 1. We of street?_ North-olive Avenue
3. Distance from nearest intersecting street:
4, Nam of nearest intersecting street:
li6:A►L L1e8CR11F'!f7lyNw (Asscssar's Parrs! nurtlber
y
1. LatB + -A;, LkA Black 304 Tract 2untington Reach
gtcdon 099 Townihip. Range Zi', . . or 2. Metes and Bounds:
JUSTrMA11ONt (kill in eampletely, attach additidxol tbeets if orecessary)
Alt or PPA, State reasons for this request and length of me requested for use.
DV1 Give lcgxi description of each parcel in th( -opo,vrd division and/or consolidations
UF1 Start reasons why the establishment. ma! -nance, or Operation of the use m building applied for will not be detri-
rntentW to: 1) the generai wclfsrc of per is rrsiding or working in the:vicinity, or Zoo injurious to property and
improvements in the vicinity of such u r building.
CRI The �shjective of a conditional excep.,on it to achieve parity and not to grant special privilege. When conside inn
prwtte s.in the viri•-ity ,end under an identical tone classification, please respoud to the following.
1. What exceptional ctrcuttettances apply to petitioned property (including size, Shape,topography, location or
surroundings) that deprive it of privileges normally enjoyed?
PRASE SEA ATTACHED SHEBT FOR EXPLANATION OF 1WSWRRS.
A. Will thm Conditional Exception constitute a grant of special privilege inconsistent with ntwmal limitations?
3. Why is this Conditional Exception necessary for the preservation and enjoyment of one tw more substantial
property rights?
4. State resssra why the granting of this Conditional Exception will not be wSterially deteimental to the public
welfare.
.....S , have rtad and understand all statements including the Stel;pltrrrertt-to-
em IW sirbtitw il& tlt the atitm. I am the property owner or authorited agent of subject property. I hereby Jeclare
talrisar ph), filervlill ststerrwrtt, f , and attached repott true tend :orttet.
.... rL February 270 19.74%,
r►
14"Mty 01in-4 or LJ Awke&*l Alpot �P Date
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(FRS C;c)HNIFIATION
t 12o rowhe Avensio
lo% An9nrea,Cmlifornia 901)?1
Justif'icrtians
CX'
1. Sxistin doubler-Mace� pv1ca sign used by United States
Nati.on4l Bank for many years needs to be altered to shoe new
owmrship oZ subject property. Sign directs Main Street traffic
to sits. Con4id erablo reduction of sign &rrra is cantrrr *lsted
under rvmodalinq program.
2. The sign has been at its present location for saverol years,
#. Tho bank property has been allowed this advertising ax&4 for a
number of years, and it important to direct traffic from 1
Main Atxaert to bnnk Site.
6. public welfare v111 not be affected by this &Iterati•on because
of long uge of existinq sign.
1
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M 7 1974
MROW
�o•.is ` •.
SUPPLEME14TP-L J11STIeXCAT:.'ON FOR CONDITIONAL �
EXCEPTION AUPiORIZTNG NEON-CONPOF 4TNG HEIGHT
USE FOR CROCKER HATrONr+L MIX SrGD? AT 302
FInJi- ►'/ENUN, FungrNCTON BEA(~H,, CAb 1F0T V TA
Applicant supplements its prior application for a 1
conditional exception to use an overheight on-premise electric
business sign :. t its premise located at 302 Fifth Avenue , as
follows
1 . The immedi., to and general area now has similar
size signs used by establishments cirrying on ,ub.,;ar1tia). ly
the same business activities who have not been noticed under
the or(iinancc, to rnf'itovc same und(., r Section 9763 .4 (g) .
As such, the city i.s not .remotely endangered, nor
its general welfare affected , since the applicant is prepared
to meet any legal obligation on its part imposed as others may
be so imposed .
2 . The height of the sign requested is some 7 '
1
shorter than that which is currently in place at the site .
3 . To conform to a 25 ' limitation in height will ;
of necessity, defeat the identification purpose of the sign,
in that it will not be meaningfully visible from Main Street
I
to they bank site in that an adjoining building substantially
blocks the 25 ' height limitation by several feet .
4 . By reason of applicant ' s predecessor bank ' s cur-
rent problems , all known to the public at large , it is essential
to applicant 's business operations at the situs that the public
be constantly made aware that applicant, and not L,ts predecessor,
is engaged in business at the site .
STATIS`rICS THUS PAR AVAILABLE SHOW AS FOLLOWS :
A . Applicant 's predecessor,, whose sign (note pole)
is to be removed, maintained at their branch 1338 c:heckiaig ac-
counts
r t
counts in January, 1972 , A constant increase in these accounto
occurred until Saptemubar, 19731 whejn the bank maintained acme `
1665 accounts . At that time their problems became p►ublically f,
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OF
Rnown and a tremendOL19 rlr(�f, in t10 C Elf-OnLINtS Oce` 'llt') od.
To th-.% cI)ri-vnt- tlinc: , tho chockil)rj t") yrtiur
appl. i►aTlt COnt hILIC t�) clI-or) in numhor on a 1'0Ctu 1.-, r. Find t),b "
etant i a l hasitz at that branch . Your appl icy int F:.i rmly believer,
that thra,igh propel :idont: .i Cicat ion , which i 1 y irrcl.ur3'us
adequate :.; ) rlllli7(! , 01i)t: t:ho 2'1)'''ail�'j1 �'.) ]. l. a'��'. ?•.n YWCOITIQ a meLin.ing -
fu1 l;:Inkifig orr"2ri'rt i (;n to io)(I For I:he I J :Int. , nIld to and F)r
the: (-)C liunt- ing+.:n)) 13c'zich .
11 . C01111rin I"C 1 I; 1 l 1��1I1S , f; ] 11C'C t-ho j,(lh 1A C, h�Ic3 l ;I I-ned
of the i:)roulems of appl ice- nt: ' .: predece!]P]or , helve fll' ^j"I�')(?Cl , and
cont.inuc! t'U 1-his d;-te 1-o drop, steadily .
Accuratr_ statistics , duo to the confusitin of predecos sor ' s
ac:counti.ng mc2thods and records , have not yet h^cn fully sortec:t
in orJnr to provide a►�pli�:ant , 017 tH5 cnuncia. , wit11 MC1','(1 610tai.l (',(7
cent-a ; however, i-;Ile informat- ion hez•:! supp1ior1 (.: 1c ni. ly m,inif.ests
he existence of a t rrm(-:nrtrjns ocanomi.c• Find r) c.ontin?..,7-
t: ion thereof , iF )Toper and ad(2quate i.dontific Fitton in dr.niod
to applicant at th,n !: itu!; branch .
We firmly h--liove that in dur ti:(,e , with proper Monti —
fication an.l rccc)nni:,r_d service to the community , can reverse
this trend . Due to the unfortunate location oC the br. inch itself,
it: will bu to c)deeivat:ely ini'o1'm the public of who we
c11'e and 'where we are , without l]!; 1r1Cj the sign rQcjUc+;;ic:(3 , atLll!'_
he igb t requested .
We would hope we would not be forced to abandon this
branch for economic reasons , but even banks must consider those
y
possibilities . It will bo diffic'iilf enough to bring this bank
Branch into a Favor bib economic posture , but it will. be im-
possible if aderivato signage. is rlan,iod us . '
S . The height of the sign requested will not affect
other lawfully erected signs in the same area, nor will a var-
� s
i:Arice adversely affect; property located in the vicinity of the
property on which the sign is located . „ r:
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41
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14
The sic)n , finving rt-.?rn,-)ine,I in its current location
tor morty ha!; not in Hio r),-oit , nor will it in the fu ':ura ,
U Obt tr or vvhicular traf fic vision .
7 . Thr r; icin is in , and ,-j.ill continue to be, in keeping
with tho cha3-.JCtC)7 I-IF tho ^ui rr.)unding ncighborhood , and due to
the properfy ' .,� te,�cul i ,ii- locatic)n and surrounO. inqs , an oxcept ion
from thc rivist bci madc-2 or inpplicang Wi),1 not only
coonom, (-. h-ird.,;hip cil,j above , but npplicant wil.l be
prJ -,.,ilc.,(Y2 C!11I'j0'IjIc--d !;y ochoi.- proportics in the kind
exception to ipplicant is
noces.n.'r1rao7 P)' Q.15CI)*A70 1,11�2 II
tDF 01710
pi%,;pr, i :y ,jej c:(7 .- f- i
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Affidavit of PeNUcation
soft CRUJ bridi I
sty at Qrange a ,: ;
f fib of »atingta and, L
I Comps ftrquhar, beisd duly sworn an oath, sayac 'That he is a
dosser at the United Btates, over the aqe of twenty-rune years.
TMt be is the psl W and publisher of the Huntington Beach
News, a weekly newspaper of general circulation printed and pub- '
f, Baited In Ylwntington bleach, Californ1s. and circulated In the said
Comty W Orange and elsewhere and publlshed for the dissemination
of b3W tied other news of a general character, and has a bens fide E
subeeriptian Het of paying subscribers, and said paper has been
astabliahed, printed and published in the State of Califdtnin, and
Cmuty of Orange, for at least one year next before the publication
of the tlrt Uwrtlim of this notkv; and the sald newspaper is not
d,'voted to ttw interest of, or published for the entertalnmen• of any
prr'tie-War chases, prafesxlw4 trade, calling, raoe or denomination, or
" any number thereof.
Mw Eantington Beads New was adfudicAte'd a legal newspaper s
of general circulation by Judge G. K. Scovel In the Superior Court
of Or&W runty, C.allfornist August 27th. 1937 by order No. A-5931.
nat tw A2PEAL. TO aMNTjN'G Qori1DITInNAL—
gkjlow rya. 2�.;1.4 _ �r
of which the annexRd is a printed ropy, was published in said news-
pap" at least = 1 K tl --
4 wnunencLng from the _ i lb day of
11—D, and ending on the J.Q _ day of
•Y 1
1
15_ D, both drays inclusive, and as often during raid period and
times of publication as said paper was mWilady issued, and In the �
regular and +tatire 'ssue of said pewspaper proper, and not in a
asupplentent, and said notice was pubLshed themIn on the following
{ dates, to-wit: r
PU isher '
llubscdW W. sworn to before me this _— do of
DENIEj)
VY
• Notary public
Orange County, CAlifornia .
TH01WAs a, 'tui�
tlolirr �uWic-C.t�i•rnis
aru.4e �:ouery
Cornmi'Ndr. Esptrej
pirN.bor lt, 1974
r, a
F.i CitY of IWAYf�h
Huntington Beach M.
COUNClk OWIMpCRO
',O. mQX 1 CALIPrOMIA '�+d W. •iruett
� �ECti Wary H. cLk.
Cf T r t;L ER,ii Norma Brr"ndal G=
jock a�►�n
A. MatmW
tr�M UCH, ��i Donald D. Bh
OUCH,
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,�,YLaS'Irt Y 1 T 1
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-i� Publish 5I ail73 .�..••
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M
�h NOTICE Of MLIC HURING
Appeal :oaCvnditional "xcaotkon�o 73-14
NOTMf IS HEREBY GIVEN that: a public hewri+ng will be held by the ,
City Council of t:bt City of Huntington beach, in the Council
Chamber of the Civic Center , Huntington Beach , at the hour of
7 •00 P. M. , of as sko)on thereafter as possible, on Mondu.
the day of BUY 19..U, for the purpose of
considering an appeal to the. granting by the Ctty Planning Comnisnion of Con-
ditional Exception No. 73- 14, to permit the conscruction of a pole sign and a
roof sign to a height of 35 feet pursuant to S . 9764 .4 .4 and in lieu of S • 9764 , 3. 2
of the Bunt ir.gton A,�anh Ord inai,cQ Cole. Saicl signs are proposed to be locates;
on a upermarket site currently udder construction tc be located can the south side
of Warver Avenue approximately- 150 feet wear of oldenwest Street in the C4 Highw$y
Cooatrcisa District. A legal description is on ,file in the Planning Department
Office.
.1
it�i�'•�..:
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All ftftreisted p*tsors aro invited to attend said bearing and
i,
sire a thai,r apinlom for or against said Aooeal &o WE .7.3-Y4 .
ftrtber inforwatian way be obtained from the Offite of the City
h, y Nor CITY Or. � ' C�!
M1
73
city cloft
+f,id1
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;r
Number of Ev-,erptS z '
` pub 1 i a h on(: t! .....
F LEGAL NOTICE
NOTICE OF MLIC HEARING
co
m irLONAL E KOMPTICN Me 73-14►
UOTIC'S M UEMY GIVZN that blic hearing will be held
by the City P,&& inrg Commission of the City of Huntington
Bwh for the purpose of consideri )tion to
ISMAlt tM GM$tMtioa of a pole Ni.gn am a roof align to • height
of 33 f t. pursuant to 5. 9764.4.4 and in lieu of S S. 9 764.3. 2 of the
MMLL tea Beach Ordiaarwe Ogle. Said signs are proposecn ro be
l4ote4 on a supermrket site currently umJar constnwtion to be
louMW o i Mw •ate sidle of Warner Avenue approxima"ly 150 fto
vast of Coldest Streit in the C4 Highway Camcareial District.
A I&pl description is on Me in the Planni$# Department Office. �
I
3a►id hearing will be held at the hour of � 7 : 00 P.m.
�IP�973 in the Council Chamber of the Civic Center,
:: tinstor. P-l-ach, California, on 50 Street between Main Street
smd Orange Avenue.
A11 intt:reated persons a.&r- , invited to attond said hearing
Mod express their opinions for or against the Proroned
&a Mona1. E �at�ezn, „�4
husther information may b, - obtained from th? City
J *wdng Dopartment.
Y,?
*1lh►wn�� No .536-52 1
a jj �j
(" tat L 19tb 11:1•V 7 o�� AP l* 'r1973 r
'
-� CITY MANNING COMISSION
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By
L.A. Reynolds
,. Sta res Lary
W
`V
�1 Y
n
Y Arroadyk of Ai4ication
+�a► � �.t�ra� >
, be ltuq► swam on oath, says: mat he is a
f dtte of Mdle�AftpMS am the ap of twenty-one years.
7WA he 3N #w pFWW and Publisher of the Huntington Beach r�V
Mews, a r wkW no~spaaer of soneral circulation printed and pub-
lishad In Muntlodtoet Deae4 Wfornin and circulated in the said
County of Oranae, whi aleewWre and published for the dissemination
of local 4M atbo am of a general cdwacter, and has a bona tide
swbarri�doo list of paying subscriber*, and send paper has been � owl '
establilbed, p intea and published in the State of CaMfornia, and
Lo"ty of r- W, for at Iraut one year next before the publiaaLon
et tiho ilhrs>; mewti a of this notim; cite the acid new►spmper is not
dmtM to the Interest of, ar published for the entertakment of any
pr ±si me tm&, calling, race or denuainatlmx or
my
Te llurf%4pon ltiescb Now tarn wUudlt*ted a legal newapaper
of v c mutation by Judge G. K. Scovel in the Superior Court
of t map Cvuntl►, QaMcnia August `TUT, 19.17 by order No. A-5931.
'bt tbn
APFFAL TQ..DENIAL— QQNDIT. EYc�E�'T_, ;�r1��0z
of wWah the anaa=d in a ;rtntad copy, was published in said news-
. ,.
t at mast ..� gILe i U age
oorttnebCdnR &= tlse .— . deS of 201 tie a 1'
192_4 _ and emdtnyt an the .6t. day of _.§ t 4k;e mbe r ,
1921" both days Luclusive, and as often during said period and
Oms of publication as said paper was regularly issued, and Jr the
regular and eretb* lwue of sold pewspaper proper, and not in a
I
suplkment, and maid notice was published .herein can the following
da^ to-wit: gO 26 , 1974
i
� ] lUher
sttbscraw aisa FM Wave an Wx — day at
.90RI a m' , iL.7.4—
J. Notary Public ;
L7 OmW County, California
TE AS D. WyWE
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N.
48
a�
h G D10
DEVROPMENT COMPANY
September 19, 1974
Mt m TINC I
CITY CLERK
&TY OF gCmINGtom BEACH
13
Re: Notice of Appeal , Con-
ditional Exception 74-02
F,
Mein. Mayor and Members of the City Council :
Notice of Appeal is hereby filed, including the re-
quired filing fee in the amount of Seventy Five ( $75. 00)
Dollars, and an appeal is heroby made to the City Council
pursuant to Article 988 , Sections 9880 et seq. , of the
Huntington Beach Ordinance Code. From W. decision of the
Planning Commission disapp..-oving Conditional Exception
74-02 on September 4, 1974 . "Notice of Action" was trans-
mitted to applicant , Grazindio Development Company (here-- '
inafter "Applicant" ) , on Septbmber 5 , 1974 , designating
Septemter 1.3 , 1974 as the Last day upon which an appeal
may be ►1led.
The following is a written report , setting forth in
detail , the active -and grounds by and upon which -the
Applicant deems himself aggrieved. Huntington Reach G,-di-
"' usuce Code 889880 and 9882.
{a In the latter part of 1973 , Applicant began formulating
plans to develop a parcel of approximately nine acres of
which was and is zoned R-1 is the City of Huntington Beach,
'Thereafter, Applicant conferred with the Planning Staff of
-the City of Huntington Beach with respect to the proposed
development on the said nine acres . Staff members suggested
that the Applicant pursue the possibility of developing the
property as a "planned residential development" under
Artlele 926 sco as to substantially preserve a bluff covering
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approximately the eastern two-fifths (2/5) of the property
In -its natural state.
Thereafter, Applicant proceeded with Mans of the nine
r; aeree ,coned R-11, keeping in close communication with the
Planning Staff , approximately two weeks later the City ' s
planning Staff informed the Applicant that there was a non-4
t+ conforming one acre of R-3 between the nine acres R-1 par-
eel ane. the existing R-3 planned development called
113eaa Braeze" . They told the Applicant that he should make
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an attempt to purchase this property so as to combine the
ore acre of R-3 and the nine acres of R•-1 into a planned
residenr ial development , They further informed the- Applicant
that he could average the density of bath parcels over the
entire property and stated that was what the City of Hun-
tIngton Beach was trying to encourage 'to eliminate the spot
zoning, inconsistent and nonconforming property divisions .
The City Planning Staff further stated that the averaging
was allowed as a matter of right, due to the fact that it
was a point of good and sound land planning and since both
the R-•1 and R-3 zones allowed the "plarin6d residential"
that a "conditional use permit and tentative tract" would
be all that was necessary for it to -take place and be allowed.
i,.
rsuaut to the City 's wish and encouragement the
` Appllcant proceeded to revise his site plan in accordance
with and at they direction of the Planning Staff. They
Applicant submittpd a talte plan which was revised no less
than e•Lgbt times at the request of the Cite Planning Staff .
The Applicant requested ane received, again, further
asrursnees from thO Staff that the site plan, bluff retention
,k and preservation , density and averaging was totally within
1y f
1L11OV1t*1s and was Pursuant to the "aoeditionsl
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8ubsegttently , Applicant purchased the, subject property
and rer;Aived a financial commitment from a lending Institu-
tion which commitment was and is dependent upon development
I
of it total of 79 units on the property. Accordingly,, Applicant
filed a tentative tract map and a Conditional Use Permit
Application. It was not until approximately one month later
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that a member of the City Planning Staff called the Applican•,;
and stated that be "must also file an application for a
Conditional ExceptiaL , as a r-i.mple formality" , if Applicant
wished to pursue the averat,ing of density . Applicant sub-
mitted an application for a Conditional Exception which
application is attached hereto as Exhibit "A" and incorporated
herein by refeTencre.
It should be noted that the application for Conditional
Exception 74-02 is essentially a request by Applicant to
average the R-1. density requirement of 6-1/2 units par acre
for 9. 3 acres with the R-3 density requirement of 25 units
Per acre for the 1 acre , for a total of 7. 89 units per acre
over the entire 10. 3 acres . As a matter of right and under
'T. D. Article 931" -the development of the property would
permit 83 1/3 units . Said property is proposed to be deve-
loped as a "planned residential development" known an
Kuntington giewpoiat. The proposed development is a 79 unit
townhouse planned development with bike and walking trails,
tennis court, pools, sauna and a recreation building.
M The property in located at the south east corner of
Ellin Aven•ae and Chapel Lane , bounded on the north by Ellis
Avenue a main arterial highway , bounded on the west by
R-3 zoL*d property, bounded on the south by a 94 unit R-3
planned development and bounded on the east by prop-,.,rty
�r
Abeed for Mobile Homes.
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Staff recommended continuance but Applicant was denied
i the continuanc.it. Nonetheless , the four members of the Seven
Member Planning Commission present at the meeting of Sep-
tember ¢, 1974 , disapproved the Conditional Exception not
withstanding the commission advising Applicant that %n un-
animous vite of four would be required . Said disapproval
was apparently based on their belief that a court "Hardship"
did not exist . Moreover, no member of the City Attorney ' s
Staff was present at the Planning Conunission Meeting and,
as a result , the Planning Cvmtrii.ssior+ was without legal
counsel . The absence of legal counsel was , in the opinion of
Applicant , fatal. to ';onditional, Exception 79-92, in that
I
the Planning Commission apparently failed to apply the pro-
visions of a39832. 1 , 9832 . 2, 9832 . 3 a:,d 9832. 4 of the Hun-
tington Peach Ordinance Code in dete.rmini.ng whether or not
a hardship existed. "Hardshi.p" is a legal term of art spe-
cifically defined by Section 9832 of Article 983 of the
Huntington Beach Ordinance Code . Section 9832 et seg. sets
forth four requirements that mast be evaluated in de-ter-
mining the existence of a hardship.
Accordingly , Applicant wi 1.1 phrase the question of
baxdship in terms mandated by Article 983 of the Huntington
y ;
Beach Ordinance Code. A copy of said Article 983 is attached �
beretv as .2xhibit"B" and incorporated herein by reference.
Sior6 specifically, the City of Huntington Beach 98 9830
provides in part,
the following:
When practical difficulties, unnecessary hard-
ships, ;or (emphasis added) results inconsistent
rk, with the general purpose, an intent of equitable
provisions of Division B occur through strict
"plicatlon of their provisions, the Conrsisaion , . . .
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may grant or deny Conditional Exceptions
to the provisions of applicable previsions
of Division R; provided that so doing will
not defeat its general purposes.
8e+ction 9833 provides in :relevant part , the following:
Before a Conditional Exception may be
Granted by the Council or Commission , . . .
findings in support of and relevant to
the hardship standard must be made.
The "hardshin standard" referred to by g9333 is very
carefully defined by 89832 et neg. Within the context
t
of $9832, Applicant sets forth the grounds for its hard--
ehlp, as follows :
9832 . 1 Exce t i.onal Circumstances . That there
to
are exceptional clxclumstances and conditions
applicable to the land involved and to the in-
tended use then-)of that du not app?y generally
to the property or class of rises in the same
district for the following reasons :
( 1 ) The Cit.y ' s desire to retain and preserve
the blu;f in a .natural state.
( 2) Drainage of the property in such a way
as to preserve the bluff .
( 3) Development of the property as R-1 and
R 3 without a planned resideatial deve-
lopment and averaging of density would
result in an island of R-1 property sur-
rounded by a sea of RT3 and related uses ,
to wit property south of the R-1 property
is R-3, property to west is R-3, the
major arterial highway Ellis Avenue: to
. the north and the property ek ` of the
subject property is zoned fd . nobile
bomes, wbi ob in terms of den. ity and land
planning are equivalent to R--3 zoning.
9832. g' Necenaltv to Pro eat Ri hts.. That such
coadltiagl exception in necessary for the pre-
`;, ° setvatiou and enjoyment of substantial property
tights for the following reasons:
(1) The nine acres of R-1 property has becoac
ru "island" of R-1 zoning in an ocean of
substantially less restrictive zoning.
The zoning ir,�"t erefere, arbitrary
oppressive and unwarrented interference
with property rights and, therefore, is
not in the best interests of the publics
H,•
�✓�„t�\I!r �,iSt��tq.., V,f ttj', 1 .1 „��+1:,�,?' 'v
1� . : r e, r ,: ` • ' 1.1 y: y ilt', {tf
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health , Fj%fety and welfare . See e .
Ham aer v. Bosse , 59 Cal . 2 d TM
(2) 5WRIT of T oanditional exception
would preclude any reasonable use of
the property an zoned. Thereby "taking"
or "damning" Applicant 's property
rights without Just compeanreatitsn
guaranteed by they 14tb amendment .
.
9832. 8 Absence at Detriment . That the granting of
such con tional excep . ons• will not be materially
detrimental to the public health, safety and wel-
fare and injurious to the conformtng ' land, property
or improvoments in the neighborhood of the property
;r for which such conditIonal exception is sought , but
in fact enhances and promotes the public health ,
safety and welfare, foi the following reasons :
(1) The surrounding property is zoned H-3
or 25 uni.tu per acre . An averaging of
density on Applicant 's property would
wnount to only 7. 89 units per acre which
is still substantially lees than that
permitted by the surrounding property .
Moreover , the developer purposes ?S units
as opposed to the 83 . 5 units allowed under
"planned development" and could deve7.op
substantially more units if the proper-
ties were developed separately ,
(2) The proposed development will not create:
any load or) the community ' s recresa<tIonal. �
services and fac+ilitler due to the fact
that extensive recreational opportunities ,
includlug tennis , Swimming and open-space
are provided a.ss part of the project .
( 3) The planned development concept has been
recognizcd as the most desirable and
least detrimental -to Cities ar.d permits a
sufficient degree of flexability by the
developer so as to create a mcre desirable
living environment than under tradizional
utility amd zoning.
9832.4 Good paith. That the Applicant is wilting
and able to caFfj out the purposes for which the
conditional exception is nought and that he will
proceed to do so without unnecessary delay. Appli-
cant is willing to abide by any reasonable schedule
the council may request ,
In conclusion, Applicant submits that the proposed
planned residential devetlopmant using average donss►i ty • througb•-
out the parcel ie necessary for the purpose of avoiding the
Practical difficulties s ud unnecessary hardships created by
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+ +�►kr1 !.,r „"ji1 5�18•e;/,. 1t y1. 7.1 AYl'`L��fLY, 4,:• LXir.... rW •. ': ' it�'.�YM1 �.'Yt wlrS
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the need to nave the bluff , and they configuration of they
R-1 and R-3 property, and that granting of thin conditional
'1
exception would thereby , be consistent with the general pur-
pose and intent of the City of Ruat i.ngton teach Zoning Code.
ROSY tful y et,bmitted,
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yui+ Graz Zia , ITT.
Craziadto Development CoMpany
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-QEPJ� bN (VARIANCE )
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PRESENT ZONE ..�.�...,
4gwr INOT BEACH AV
UV
--CONFMT
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NIT
COMMISSION ACTION DATE.. -....A
Beach 44
Calif . f 204 7 C3 CONDIIIGNALLY A P PROVEb
�. MAIL, N
- ... ..,._ 3 [J DE NIE D
}- OWITHDRAWN
Smote Z APPEALED LD YES NO
W COUNCIL ACTION
`r
0 SUSTAINED COMMISSION
i1MILIM ADWSS r-3 APPROVED WITm CONDITIONS
OTHER THAN COMMISSIOhb
TO PERMIT z � DENIED
.W.�.. .�...,.,,�„,.. 8 ED WITHDRAWN
Tract 8687, 8untington View point , a 79 � � ----�"�`
unit townbouse planned development airing EF'FECTI /E DATE
with blke and walking trails, tenniF .court ,
,. puols and P. recreation building.
L .ATI Ni OF PwPE NT� (SIDE OF STREET . VREET NAME , DISTANCE FROM NEAREST
INTERSECTING STREET)
A.B.C. 211is Ave. & Chapel Lane
f
DESCRIPTION
'q
No. 1�f7-�361-01 to OS
MY
}r. Wkton & Bounds portion of NE 1/4 0l SW 1/4 i4ert I an 36
r' Township S south, range 11 West Tract hanc:hc LaN Dol,sas
INTIFICAT10N
OUT COMPI.ETLY ( IF VORE SPACE IS RE 7.1rF;ED AT`ACN AUDITION:hL PAGES )
A) WHAT EXCEPtIONAL. CIRCUMSTANCES APPLY TO THJS PROPERTY (0jCLLUUItJG : SIZE , SHAPE ,
TOPOGRAPHY, LOCATION OR SURROUNDINGS) THAT DEPRIVE THE SUBJECT PROPERTY OF
POVILEi S ENJOYED ON OTHER PROPERTFES IN THE VJCINITY AND UNDER IDENTICAL
ZOW CLASSIFICATION �
the 79 unit townhouse development ca l ic_d Huntington View point is planned
` utilizo the existing R-3 and Rd1 me-so sing in r planned development ,
IQ WILL THr3 C6NDITI04AL EXCEPTION GDNsirrU TE A coptirr of SPF-CIAL PRIVILEGE INCCNrISTENT
INIT'H LLMITATIONS LEI OTHER PROPERTIES rM THE Vt 0..TV AND UNDF-R IDENTICAL 20hE
CL ASSIP"TION 7
80e attacbed.
C WHY IS THIS CONDITIONAL EXCEPTION '1i - : ,;:,rY {r.)p 7 .4E PRESEA,1r:TIfA AND
ENJOYMENT OF ONE OR MORC SUDIPIto. ' r:. :�•F:�+" : �•. :riT;
To develop the R--3 and R-1 propert ► t- :.�,•;�w r:�t r: , ; r l cl b ;,rr ksJ h J L ive,
L coneietent and incompatible with Ftauncli ng 4s-vc lGinentS and bound
laird planning.
a' 'STATE REASONS WHY THE GRANTING Or TttS CC!:,-0;T1CrJAL EXCEPTION WILL 14C;T S.c
MATERIALLY DETRIMENTAL. TO THE PUBLIC. WELFARE OR ViJURIOUS TO PROPERTY IN
THE SALVE ZM CLASSIFICATION.
800 attached.
fir_ 94,0,#%'EeTY OW?J.Jf COP h a A N
ArTACIeB sUPpLELM mTAL SNErT v hL Act•;r Aosw r!*,'iEG of THE L00p. r'A4r7
,
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INIAL MVIUM INWXBISTXRT WITH 1491TATION8 UPON
ATM IN THS VICINITY AND VHMIX SUNTICAL
ant of aandItIonal exoept i OM will not be a
apoola privIlege isconslatent with development vn4
gif leation In the vfa1n1ty . All propert14
m orroundigg as4 in the general area are either deve-
to d into apartne sts or townhouses A n4 are ; of the
�.,rr'• Ron and. 2-1 aoni�e . The City of Huntington Sdnch not
ob T allows but encourages the ume of botbi R-3 and
R-1 =Do$ for the planned development concept.
1 (See Article 8-9310) .
D) STATE REASONS WHY THE GRANTING OF THIS CONDITIONAL
RXCMPTXON WILL NOT BE MATERIALLY DETRI MMAL TO THE
PUBLIC WELFARE OR INJURIOUS TO PROPERTY IN THE SAME
{, ZONE CLASSIFICATION.
The pliknned development concept has been recognized as
the most desirable and least detrimental to citien and
property of similar cones . The :bong term impact of this
dovelopmeat would seem to be the best plan for thJ x
area. Huntington View poirt fits well with surrounding
developments and provides for the best possible
ecological preservation .
Huntington View Point is not expected to create any
significant load on the community ' s recreational areas
due to the extensive recreational opportunities pr6-
vided as part of the project .
1 .
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' EXHIBIT "B" V
i•
.` .IMP iffl; AUM1h1:3THATIO _ -- a ��
MITI= 983
CONDIi ION&L RXCEPTIONS
GROUNDS FOR RLCOHMNDATION . When practical difficulties,
unnecessary hardships , or results inconsistent with the
General purpose and intent of applicable provisions of Division 9 occur
tnrough strict application of their provisions, the Commission, upon
imi own motion, written request of the Council, or receipt of a petiticn
p•Mpared in accordance with section 9830 and Article a86, may grant or
jeny conditional exceptions to the provisions of applicable - provisions
of Division , provided that so doing will not defeat its general pur-
ses . (757T
g. 6 1 PETITION FOR EXCEPTIONS . FORM. Petitions for conditional
excep ons shall be ma a on orms prepared by the Commission
snd shall,, regardless of other matters , state fully the grounds for
such conditional exceptions and all facts relied upon to show that hard-
,hip exists ) and that applicable provisions of Division 9 should not be
;trictly inter rated and enforced relative to the property or particular
as involved . T1656-7/71)
;. 9832 PLANS AND OTHER MATTERS ., SHOWIIMa MUIRED. Such petition
must be accompanted by pans , profiles , specifications or
other pertinent, matter which the Commission may request, and also that
hardship exists , by showing the following: (1656-1/71)
5. 48 2. 1 Exceptional Circumstances . That there are exceptional or
ex raor ry c rcums ances or conditions applicable to the
land, buildings, or promises involved.$ or to the intended use of same,
that do not apply generally to the property or class of uses in the same
iistrict . (495)
i . 2..2 Necessity to Property Rights . That ouch conditional excep-
ons are necessary for the preservation and enjoyment of
substantial property rights . (495)
RIB 2 . Absence of Detriment . That the granting of such conditional
exceptions will no be materially detrimental to the public
health, safety.$ and welfare or injurious to the conforming land, property,
or improvements its the neighborhood of the property for which such con-
litional exception is sought . (495)
good Faith. That the applicant is willing and able to carry
JUE rposes for -ob1ch the conditional exception
sought- that he will proceed to do so without unnecessary delay. ( 95)
,q31 ` HEARING AND FINDINGS OF HARDSHIP RE UIRED. Before a cundi-
ono exc." on may be granted by the Louncil or Commissions
unc i I. or Commission shall hold a public hearer relative to the
Qrc '-.:ied conditional exception, as provided in Article 987, and finding,
to !support of and relevant to the hardship standard must be made. . (757,
I--._ N ' r: • + •ti.. + q r N i� r Pry % .•..�
N1101011 hook P1111INg COMMIS8111
P.D. WX too CALIFORNIA Oil
TO Roadrable Mayor and City Council
VAMS PY+M"ing Comission
pA ;r October 3, 1974
RN S Appeal to Denial of Conditional Exception No. 74-02
APPLICANT AND
V. .. APPRLLANTi Graziadic Development Co.
' 16168 Beach Blvd. #150
Huntington Beach, Calif. 02647
LOCATION: Southeast corner of Ellis Avenue and
Chapel Lane
RBWXlST: To permit 7. 8 dwelling units on R1 in
lieu of 6. 5 units
PANG COMISSION ACTION:
' ON MOTTON BY PORTER AND SECOND BY HIGGINS COMITIONAL EXCEPTION NO. 7 4-02
MS DIANIED B2W8$ APPLICANT HAS NOT DEKONSTRATED JUSTIFIABLE tiAl'tDSHIP
PURSETANT TO TIM HUNTINGTON BEACH ORDINANCE CODE BY THE FOLLOWING VOTES
AYES: Basil, Higgins, Kerins, Porter
HQ9Ss None
ABUNTm Geiger, Boyle
1
STIMARY OF STAFF' REPORT:
4oadition&l Exception No. 74-10 in a request to allow the averaging- of
denaiities over the R3 and RI portions of a planned residential development
px sad to be developed on approximately 10 acres of land. The ma�tiwum
n�x of units allowed per grass acreage within the project; vould be
83+5 unitar or 25 units on the 1 acre 93 portion and 56.5 unites on the
R1 portion. The applicant has requested 79 units or an average density
of 7.9 units throughout the project .
The staff report made reference to Opinion No. 69 -12 from the City Attorney's
office addressing the subject of density averaging. In this opinion
(attached herewith) the attorney states that a developer may not average
densities across a single parcel having two different residential zones
unless he is first able to obtain s variance from the density requirements
of e.rh portion of the property.
The applicant thus filed a Conditional. Exception based on the hardship
premise that to dove-lop the R3 and Rl properties sepArately would be
prohibitiver inconsistent and incompatible with aurrounding developments
and sound land planning.
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r 4 t�/r�a '1 irTi its .�Nr� C� A '� n`. . , � W '� � •����',11''* �
no
'• ,y�y'�i'��li�5'P i1k•��* it _,� ••r� ,• ^" • �, :� ', � . ". ,. �•y �1 �'y` 't r ' •:.
or-Amign#
presentation the applicant aid
e� ! •ta re�ar dr .�► ined ghat t applicant Yiaaa had
iitili+lrhbl+r u►rdship.
On JUly. 30, 19741 the Environmental Review Board granted a Negative
Declu4tion f sir the proposed pro j ect ,. having found that the project
WL 11 net ha ' a significant adverse effect on the x h aLeal enviro*wnt.
P
1. Staff Report
2 XbViroutental Review Bmrd Transmittal
3. dity Attorney Minion No. 69-12
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otfull Hsu ted
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VM1T NO, 74-10
COMMMAL NXCNMCK NO. 7 4-02
►'r-�, f• r ftntativeo No M04687 card Conditional Use Permit No. 74-10 , filed
e0 d 29 and June' 27 . 1974, respectively, are requests to po it
t�i $WALvision of sppx ixately 10 acres of land into a 79 Unit
p deeftl t (statutory condominium) pursuant to Articles 931
of to gmtUvtaft ch Odinance Code. Conditional ftoeption
o 74-10 has beft filed to allow the averaging of densities for the
dovolap ont owo r the 13 and Rl portion of the property* Subject
PZ09SIX11111.1yr is located at tM sautheast corner of 811is Avonve and
Chapel der.
d� oot prngsrty is presently ached with two different zoning clas-
siflettions. A northerly portion of the property, approximately
y p
9 aatos, is curr4atly, zoned Rl , Single Family District# and the
southerly 1 acre iec zoned R3, Medium Density Residential. The total
19 acres is presently vacant. Property to the east is atoned Ma,
Mobile Rage Vark, AIadl is vaunt at this time. Property to the north
across Z11is Aveunnue is sonerd Rl and vacant at this time. Property
to -the west wA south is zoned R3 and developed with apartments
and church -►cross impel Lana, and a townhouse developaent abutting
subject property to the south.
3 0
The Latnd Use X1eamt of the General Plan has subject property shown
as Low Density Residential on the northwesterly portion and hers
designated the southeasterly portion of the property Transportation
(freeway aliew mt) .
4 0 ZWIRONNgmW 8 Jl3
On July 30e 1974, the Environmental Review Board granted a Negative
Declaration for the proposed project, having found that the project
will not have a significant adverse effect on the physical envi.ron"
sett. The Envisvawntal Review Board recomeaendations are attached
herwith in its transmittal.
5.0 SUBDIVISION CO MIT E
The Subdivision Comittes !held ,t review on `Aentative Map 8687, Con-
ditLonatl Use Pornit No. 74-•10 , and Conditional Exception No. 74-02
ry
41
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TT 1667, C08 740-10 f '03 74-02
Page 3
at the au=1qW- 0%
1f R 1974 sting. Vallowing are the items discussed
with they the meetings
Us ire OO �Itteo rev ieew*4 with all present o ni-
adtifts r� #�► t9M (1) Department of Housing and Urban Developw at e,
(f) •tare A. ' Transportation, (3) Orange County lanitationDistr "
i $ � Ca arsttaol Water hutP Control board.
All four 41,tiaw eachedherewitfor lanning
s ion review.
The 8uWLvLs&on . ttkeme then discussed the following ite ss on the
d*sign and laycat of t pnroposod subdivision:
1. The Commkittles risw*d with the developer the averaging provi-
sion, whereby a potion of the units allowed on the R3 property
would be cons too upon the R1 area of the proposed project.
It was the aftaessus of tho Comitteee that the averaging of
densities across t1w total parcel is demirablea, affords move
flexibility in domign, and provider more amenities within the
pro joeit. 8owevat, t�A Committee was eoncernead &boat using the
maximm allowable number 'of units purs"at to Article 931 for
averaging thrrquqftut the project. The Caarmittee requested that
the staff investigate the tvarage density existing within planned
develapswt within the gendratl area on R3 paro4vtot rties. "a staff
has ' review thaw planned developments exist ; to ter► mouth,
and has tomW that the average density is approximately 13. 9
units per sore within those projects .
3. The COMM" then discussed the orientation and setback of this
units along the owth property line. It was the consensus of
the Cosaeittoo that an atteeanpt should be made to increase this
setback to naxfAize the obatting open space areas.
3. The street width and circulation pattern within the project ct were
then 41mau n ed &ad the Comitteee reccaw dod that the developer
provide ae 17 toot inside and 65 foot outside radius at the
intersection of private streets, that the entry street off Chapel
I ne be increased is width and that the mi.nisum street width
would be 38 foot.
4. A request was *ado by the Committee that the Department of
Public forks review trho location of the main entry street from
Rllis Avenue and requested that a written repast be submitted
for the Punning Commission review can this ,subject. (Report
attached herewith. )
S. Surface drainage was discussed and a report requested from the
Department of Public Works.
G. Mr. Mors ftzthhy, of the Recreation and Parke Department, w&n
present &nd indicated that the Recreation and Parks Commission
had made a request for a study for the park needs within this
quarter section. The Planning Department will have a report for
review with the Planning Commission at the September 6th meeting.
6. 0 STATISTICAL AND CONSTRUCTION INFOW4ATICN (Revised Map dated
fugue t ,
1. See attached calculations titled "Project Tabulation' which con-
tain gross area, dedicated right-of-way, net lot area , unit count,
-'�� �'1,".K �R'.f :I�;,f� ,kY�rR'( + • ... ,� .� r Q'.!ik. r l',7'.'•Y " + (•'h}' + A, 11, '� �1/ C';��; ,�,'I, err, ,�oil�
X .� , "/7,Y� �N 7p , ..) `r'Y J7i vF f:y ! r"r d�•,J� �¢ �Jy�� � • ,+
my
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•1
T'r $J$7 Car 7641bio• 02 74-03
r, PoSe 3
dowlty JMW IWOM &"*/ wait type No square i'no *a• VALO
balowy 4XWW (awrraga) , garage inforaatLo►n is the dalan-
ltt cft am *so" open Off, eta.
R 28 ho, FWJWt is to be constructed of on*- and tiro-story
too "tiol too
3. Student gesoraktAons, based on the most recent inforswtionx The
' VMJect WOU34 9"strate 45. 5 elementary and 8. 4 bigb school
•tents for R total of $3.9 students.
6. City revo"UPN, 13—CM Gas
met gain a loss per acre per years plus $49
5, school 3*ve ues versus expenditures %
Not gain or loss per acre per years
Blown y soh l loss s 6 3 31
High 01 )ass: 7
total pssc Aare loss per year : 6338
7.0 9p8CIt1C 1 xI
Conditional MUMA`►teen 74-03 was filed to allow the average at
an dsitits a" tba total psrceelw as previously stated in this report*
Nowvor# for the pla otng C mission l r information the City Attorney
has prepared an dip' lon Aa. 69-12 addressing the subject. In this
ap►iaLOn, atteohed hezvwlth. the Attorney states that a developer
may not Average ddsities across a single parcel having two different
residential sands unless hh is first able to obtain a variance lrce
,.' tho density requirements of each portion of the property.
It should also be noted that in gunning through the calalslations on
the project it was foams that the wAximum number of units allowa+d
per gross aoreage within this project would be 83. 5 units, or 35
unite on the 1 &OXe Rl portion and 59. 5 units on the RI portion, xn
this case the applic*nt has requested that he be pers►itte d 79 uaita s
or an average density of 7 . 9 units throughout the project.
Soo Yr rr. �PI d1/rhi s
In view of the above information, the staff yrocodmaaends the following
alternatives for action to be taken by the Planning CMM- fission at
the September 4 molting s
1. Open th* public Mari,ng can CUP 7 4-10 and CE 74-03, discuss the
averaging provisions as requested by the applicant within
CZ 74-02 , and establish policy direction for the subdivision Com-
mittee aad the staff for pr ace s s ing of a imi lar requests aM
possible revisions to be made to the pending applications.
If the Planning Comalssion concur:. with the applicant' s request
as filed for the tota)• 79 units within this project, TT 9607 ,
CUP 74-10, and CR 74- 02 should be continued to the September 17
regular meeting to allow revisions to take place to the plot
plan for compliance with the Ordinance Code as well. as to include
any raccumendations that may he offered by the Commission on
orientation and/or setbacks of structures .
r
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paw d
a. ?Z8 the publio hor on the CUP and Cs, discuss the aversq�
rzavisic , amake a determination upon the 70 units
`` a at a l- A W -ropests and,, if it is the consensus at
the CaMtefift not to allow the 79 units as requested, a continue
" uance to tb -A.ember 17 mating would be in oxftre with the
lioaat� o A rren4e, for revisions to be made to the plot.
an Mhtoh 8
s11
rediact the nor of units discussed at ,tom
September 4 Ming.
3, bra thispub Le hearlags on the CUP and the Ca, discuss the
aver"ism p2 visions, ando if determined by the P1aiminq Cuw-
wission that the proposed density is not in aawpli"as with the
General Plan and the proposed development &;A do sitlas are not
' suitabi.+s for the property, and if the applicant will not concur
an a continuaws for revisions to the plat plan, than the
approprLate action would be a denlit1 of TT 8607 , Cqk 74-100 &ad
Ch 74-02.
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Tot planning Commission
TU MI Znviromental Review board
i ATZ t July 30, 1974
SUBJ S 'Utmption Declaration no. 74-94 (TT 8687)
"s Rnviromantal Review Board, at its meeting of July 23 r 1974 v
grSAW the above exemption declaraion , hawing found that the proo
posed project M Jnot ,have ar significant adverse eff,SS, Mn the
Vusied environment o
No environmental fact report has been prepared for this project.
Findings are based upon the information contained in the exemption
dsclauration, which indicates that the developer has per sed a
Planned Develops at for the property , retaining the PAx uw squarer
footage passible for open space .and landscaping, has oriented his
development to the view vistas, and has retained as mach as possible
of the natural topographical features of the property and the bluff
line.
Addition,a►1 Information: `
After consideration of this request and of intonation contained in
8nvironawntal impact Reports previously prepared for the city on
similar residential projects in ,similar environmental sett.ing*# the
Board offers the following recommendations to mitigate the emula-
tive effects of successive construction projects of this na►turec
1. 1f the developer proposes to provide air conditioning, the insu-
lation in the exterior ceilings should be a minimum of R-19 and
that in the exterior walls should be a minimum of R- 11i 11 no
air conditioning in to be provided, the insulation in the exter-
ior ceilings should be a minimum of R-13 and that in the exterior
malls should be a minimum of R-7 .
2. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or anusable material , should be disposed of at an
offaite facility equipped to handle them.
Y
3. Natural gas and electricity should be stubbed in at the locations
of clothes dryers, and natural gas only should be stabbed in at
the locations of cooking facilities , water heaters, and central
heating units.
4 • Double-paned windows should be installed within the units facing
onto the adjacent arterial highway .
S. A 351 setback should be provided from the living quarters of the
units facing the arterial. highway to the nearest travel lame of
that arterial.
iF +r
r:�,Yh,} � y !r Gl v� ,`1riX;�j19( li+ .j�/ , '••, {^� ', � r '1 � h„" (r,''f'
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r .M fM, {,'f yr, q • . �r ''+1 r,. '
V w N . iAdft A"/Or gea►l lot i0milia►r with local reL*r is �
AWOO to Aarq ed to LaUcate the tip-facture d o to
s motion,
fat. I
1
*Ami~ should bit onyaged to comile calculations l �,
tog stxuatural l rawbe rs of the f ao l i ty to with,-*
, sad then .@;-taot s. "
I. Tho city should pursue vAth applicant an easearent for bio*ole
*most adore the natural bluff area• for a bicrcle lane to 84vm
as an iatertio with tto bicycle lane north o� cilia, which the
city has comdtted r3 trelf to on Tentative Tract 7711.
0, The ftvironawtal .Asview ward concurs with the applicant's pro-
dpDeal to �w and zoplant as many ct the trees within the
o nt ire .1t: is poseible to do. 4
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3
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W108 or Tn e AaT /MET
d
OPINION NO, 69-12
3 MUGh 1969
Aver&&iris or Density between Adjacent
Nattential zones .
BY : n leynolds, y
Plannino Director
Ir ;
BY: Don ,?, Sonya, City Attorney
Chimles J. Ubearto, Deputy
ON: fty a developer average dwelling unit
density on a single parcel having two
different residential zones?.
on
'fie hypothetical set of fagte given for this question were as
' "If half of, a one &are parcel were zoned R-2 (one
Mit per 2000' equare feet) and the other half - were
soned R-3 (One unit per 1250 square feet ) would It '
be pomissible t"i figure -the maximum density for
both torAs &rid, then,,-.,1,verage the total allowable
4001ty thyc►oUSb61t tee prof eot , which in this ex
mle WmId roxult in' a density of one unit per
Uoh of the residential districts in the Huntington beach
Ordinance Cods contain specific maximum density requirements .
The plq.rpose of density requirements is to limit the number of
dwellings w1thin a speolfla district . The maximum density for
the R-1 d1striat , for exanp+e, is one dwelling unit per lest ,
(Huntington Reach Ordinance Code , Section 9102 . 3 ) with each lot
having a minim= lot area or 6000 Aquare feet except corner lots
whlah may have 6500 squara feet . (Huntington Beach Ordinance
Cate, Beation 9102 .1)
The maximum density in the R-2 district is one dwelling unit
139 ,
' r� t•r;�y,•r
w:,,•
'Office of the City Attorney 3 March 1969
Opinion Igo. 69-12 Page 2
for eaoh 2600 square feet of lot area, provided there are
rat move tMn ulna dwelling units on any on• parcel .
(Runtingtarn Beach OMInano• Code Seation 9162.3) The minimum
lot or" for R-2 lots to also 6000 square feetr except corner
lots which have a s lnlmum of 6500 square foot , and under some
olrokimstances 5000 square feet (Huntington Dosch Or'dinanoe Code
Sections 9162 . 1 and 9162. 1. 1 . 2) . Roughly speaking, an R-2
distriot would allow approximately three times as smarmy dwel-
lings as, the R-1 distriot .
The g-3 lets tho same minimum lot area requirements as A-1
mid 11-2 (Huntington Beach Ordinance Code Section 9202 . 1 ) but
' its maximum denalty is one dwelling unit per 1250 square feet
or 19 dwelling units on any one parcel . (Huntington Beach
Ordinanoe Code, Soctlon 9202 . 3) The R-4 minimum lot area Is
the dames as R-10 R-2 and R-3 minimum lot areas but its ouximum
donalty Is one unit for every .1000 square feet not to exasesd
29 dwelling units on any one parcel. (Huntington Beach Ordi-
nano* Code Section 9232. 3) ,
Nelther the H-1 or R-2 zones permit any exceptions to their
i maximum density requlreme nts,, nor are there provisions in
these d1st•riots allowing for any averaging of density require
-
, � ments . (Huntington Reach' Ordinance Code, Articles 910� and 916)
The language of both maximum density seotions (9102. 3 and
9162.3) is mandatory and�must be complied with unless grounds
ror conditional exceptions exist as set forth in Ar:iole 983 ,
They same is also true for the maximum• denalty requirements for
the B-3 and RM4 zones (Huntington Beaoh Ordinances Code , Sections
' 9202 .3 and 9232 . 3) . However , the R-3 and R-4 maximum dens -Ity
sections have listed exceptions , none of which allow averaging
i between two different adjacent dietricts.
CONCLUS100
A developer may not average dwelling unit density on a single
parcel having two difrorent residential zones without first
obtaining a variance ,from the: density requirements .
Respectfully submitted,
DON P . SONFA
CZ�Yjp4A
sy
S
BEDutt t orxieey
DPB:CJL :bc
14o.
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r . , . i , �: I .S'{A yn r•r':'1,.,;w , 'd'a' ••sir,' n 1 '•�" • •''t,
I
to
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ram no. 74-02
MMf1Cb It NMIV OWN that Ak public hearit* will be bald by 04 ,
City Council 0 the C l ty of o wrtiowea r 8640h, is the Cow i t
Chamber of the Civite Cater, Muptl"taa to,@*%, at the bane of d;
, tab . , so" tba reaftor as Possible, on
the Ith day of It 74, for the V*rVO/o of
Csiie��r as '
Wsax I= the annia1 bx tb* City Plsaninq 00EMAgift of Cmatloai
Y �
RummUm 1b. 74-02, W allotr an averaging of density an the a tUe Mcpal 't
.N
!0r *0 devolqpOwt. an the R1 son" mar the lia"t is j
p G AAL" 7.0 d"llY I+rtits PW aas•d in liars of the pera4ttll 6.5 VLtts per t i
k '
itn ter R3 SCOW prgWty the oftiiasnt in Pirapnsing 13.34 Qstilinq mite
Nor acre with dw permitted amity being 25 units w acre.
'ire subloat psnpax* is located an ter southeast aerror of Min Avenue and
i'. Cbmal Low. Ugal d �iptUm is an' fila in the P'l p DWarta t office.
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All Tatar "tod paw a0 suited to attow said hearing and
'I
�s "Wir aPlwie N for of @VdA0t said
lM�rt rr lofoemstiw my be ob+tal the OfFftoi of the City
ate.
17/?A WAGS
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Number of Excerpts 75
Publish Once
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
CONDITION" USE PPRXI T NO, 7 6 w 10 and
=0ITIMMi BXCEPTI(M NO. 74-02
NOTICE IS HhKI:R',' lU;Y}N that a public hearing will be hold
by the C i cy G i tile C:i ty Of Huntington Beach ,
California , for the purpose of considering a 22AdLtAgaal Use Permit
to allow the ccnstructi,on of 79 arelling units within a planned
residential development on approximately 10 acres of land of which
6.56 acres and x0ned R1 (fir Density Residential District) and
. 96 mores so nerd! aJ (Nediuw Aonsity Residential District) .
can
&ILSpa). Rxoe tion No. 74-•02 is to allow an averaging of density
on. t0im 40t1re patesl proposed for the development* On the Rl zoned
tarty the applicant is proposing 7. 8 dwelling units per acre in
ieu of 'char permitted 6. 5 units per acre. On the 93 zone'd property
the applicant is proposing 13 . 54 duelling units per' acre with
perraritted density being 25 units per acre.
fte subject property 1 ; located on the southeast corner of
11111s Avenue end Chapel Lane * A legal description is on file
is the Planning Department Office.
Said hearing will be herald at the hour of_� ; 20 P.N., on
ftytewber 41 1974 �, in the Council Chamber Building of
the Civic Center , 2000 Main Street , Huntington Bleach, California .
All interested persons are invited to attend said hearing and
express their opinions for or against the proposed Conditional Use
Paxeit and Conditional Exception.
Further i.aformation may be obtained from the City Planning
Department .
Telephone No . (714) 536-5Z71
DATED this 22nd day of August , 1974
CITY PLANNING COMMISSION
By
Richard A. Harlow
Eecre t.a ry
w
1 1
1
try�; .• � .•
Mir, -f
A
Alrl•rir }AV
1 •I Y
0 pop
k IRUTA►N $ TUCK['A
Honorable Kayor and City
Council of the City of Huntington Beach -
October ld, 1974
' Page Twelve
2. Conclusion.
Applicant respectfully submits that the physical
`t mature of theproperty, articularY the bluff is a "hardship"
�s p Y � P
ae a matter of tactf and that the strict Zpplica!;ion of the
zoning cede to applicant' s property amounts to nncons cituti.onal
spot sonlaq and is, therefore, a hardship, as a matter of law. •!
Eplic 4nt farther submits that the proper methrid to ameliorate
exe hardships is t01 grant Conditional Exception 74-02 . Appli-
cant furthor suggests that if there is any quastion with res-
peat to the propriety of granting a variance as opposed to amend-
ing the zoning ordinance, it would h , proper to rezone the prop-
erty after the variance is grantedo as to create density
uniformity in -the zoning district.
in an effort to assict the Council in achieving these
a objectives applicant suggests the following as a possible method
bf proceeding:
(1) A member of the Council who voted to affirm
the decision of the Planning commieg&.3n may move to reconsider
Conditional Hkcerption 74-02 . The mo+.ion must be seconded at
the time it is made, but unlike the making of the motion, which
must be done by a person who voted in favor of affirming -the
decision of the Planning Commission, the seconding can be done
by any m+en&er regardless of how he voted on the motion to be �
reconsidered. Roberts Rules of Order, 269 (Scott Foresm►an & Co.
19' t�? • The motion to reconsider requires only a majority vote,
regardless of the vote necessary to adopt the motion to be
reconsifered. Id.
C
(2) if the motion to reconsider carries a motion i
to grant Conditional Exception 74-02 by any member of tM
r' CounciL would be In order. The motion should also include
findings in support of and relevant to the hardship sta►n.iaxd
1 of Article 982 cf the Huntington Beach Ordinance code. The
following aresuggested findings
(a ) There are exceptional circumstances and
conditions applicable to the land involved and
to the intended use thereof that do not apply
generally to the property or class of uses in the
same district in that,
a
1
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RS�CTj ,
4 •S
e j yy ,
.AA A• I
UCKCR
F, ,r
Honorable !Mayor and City Council
of the City of Huntington Beach
October lb , 1974
Page Thirteen
y
(i) the Bluff which :wars approximately
the eastern two-fifths of the subject, property
and the city's desire to maintain same is a
special topographical feature unique to
property in the same geographical vicinity
and unique to property under identical zoning
classification.
(ii) strict application of the provisions
of the Huntington Beach Ordinance 'Code would
result in an island of R -1 property surrounded
by a sea of R-3 and related density, to wit ,
property south of the R-1 property is R-3,
the property north of the subject property is ;
R-3 and the property east of the subject property
is zoned for mobilehomes, thereby rendering
the application of the zoning code to the subject
property unconstitutional spot zoning.
` (b) The granting of -Canditional Exception
74-02 is necessary for the preservation and enjoy-
ment of substantial property rights in that,
(i) absent the granting of Conditional
Exception 74-02 strict application of the
applicable provisions of the zoning , eode
will , by virtue of the resulting spot zoning,
deprive applicant of substantial property
rights without due process or just compensation
and
(ii) it will minimize the acknowledged
evils of piece-seal or partial zoning by
amendment of the zoning ordinance, area
(iii) it will pe=it applicant to make
reasonable use of his- property.
(c) The granting of such conditional exception
will not be materially detrimental to the public
health, safety and welfare or injuriouo to the
conforming land, property or improvements in the
neighborhood of the property for which such con-
ditional exception is sought in that ,
� r1Tj1
rT.
MAIM
,
i 'RUTAN Sl TUGK.lt% -�
lionorable Mayor and City
Council of the Cityof xuntin ton Beach
�: 06tober 16, 1974 9
Page pourteeen
U) the surrounding property is zoned
f R-3 or xS units per acra. An average density
pursuant to the instant application would
mount to 7.8 units per acre which is still
subsiantially less than that permitted by the
surrounding property, and
•il
the proposed development will not
create any burden on the c =unity'a recreational
services and facilities due to the fact that
extensive recreational opportunities, including
tannin, swimming and open-space are provided as
pant of the project, and
(iii) the planned development concept has ;a
,. been recognirod as the most desirable and least
detrimental to cities and permits a sufficient
degree of flexibility by the developer so as to
create a more desirable living environment than
under the traditional planning and zoning concepts, r
and
(iv) the development proposes a total of 79
units as opposed to the 88-1/2 units permissible if
the .R-1 and R-3 parcels are developed separately.
(d) The applicant is willing and able to carry
out the purposes for which the conditional exception
is sought and will proceed to do sus without unnecessary
delay.
we hope that the above analysis and suggested approach
to the reconsideration of the Conditional. Exception 74-02 will
Y assist the Council in reaching a fair and just decision. Thank
you • for your prompt, courteous and fair-minded approach to this
appeal..
Very -truly yours..
RUTAN A TUCKER
Thomas P. Clary, Jr.
cc: Mr. Don Eonfa,
City Attorney
Mr. John O'Connor,
Deputy City Attorney
city Manager , a
City of Huntington Beach
Mr. Richard flarlov t Director of Planning,
City of Huntington Beach
1 ti',2 + !' •, r I' 3-T#�e 1! "011�'' d" Y '{P+'+1`•� �...r'7' ", �''"' �'1'` �` ' ' '+, Lr�" `.,s
r � rr SS
WN
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(guy of
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CIViC CENTER
a'1?0 d r�i � 0 W15ST'MINSTER AVENUE
CI 4 WESTMINSTER, CALIFORNIA 9283
UC
.'. :
�1lyDiCN �tdCM,C IF. 714 CODE W3-4011
5'
MAY 3 0 1973
•{ tW. 10IQ RAMM 'y
1 ,
, May 29, 19?3
F 1--LwE.PD
By-&
Honorable City Council
City of l'ilint logton Beach i
'r P* 0. 190
Hunt tri ton Bowch, CA 92648 'r
dent ls'Mrrrs
Vie 4astmingtor My Council ,, at its regular Ideettpg on
. Postdered a rec mmendsttcn pre""ted *y the
th' r s P1aMta Comission relative to proposed d*
v� t of a . . On i t spa rtment eornpt sal unjer app 1 i cat Ion
fir'• d jt'lom l EXcept ion No. 73-23 In the City alp Hutht l Ogr v,
h •,a••r
At this t*@ the City Council end*rsaa the it 1 ran in9 Ctm I' I
resrd>l ian for denial of: tills i►ppl tcatiolw and'prga>ttli+ :, : r
V Y 4
" � C 1 zf Colt c i i to consider the a i t l tan0';�f the City Me
a instot during Its dsl iberat i ons oq motional Excdpt io� 7
Atts jhed heiwith,� br' your infermatlok utllnia1ptter r ►
the 41ndings of, the plamning Cowl their rea ns a
{
. ' +mend t n ' dnitfdl at the rya see h,� h sitv rb ct.
S 1nc".*'t41y yours,
C ITY,# ,1'1WNIMBTER,
J 11
� 1
. Katharine C. Harper !t.
City Clerk
KCH to
Attachment
cc: Board of Z"1*2 Ad'ustments
Hun t i sarch H;
City of rlgtwr
cc: Westminster Planning Department i
•t ,ey '
�t
Yy,':
A � �Is'T,C�'� •'1�� 'n 'iN� .� . . 4 r M � err ,�
Of
'Zrr r.-P„9r Y
t 001
LIP
May 23, 1973
ftard of Umi ng Ad j us tr-mi i ter
City of Huntington Beach
P. 0. Box 190
NUIRMAUgttt Beach a California 92648
r, AttenUan Mr. Daft Badl*, Acting Secretary
b` Benti�aaea
Subjects Conditional Exception No. 73-23
0 At its regular vzetinq of May 21, 1973, the ties tmins*or City
Planning Comi•sffiion considered the 296 unit apartment project
proposed under the application for Conditional Exception
No. 73-23 and wishes to recommend its donial for the follow- "
Ing► reasons:
1. The d osity proposod in this case would be inconsistent
with the donsf tine permitted in the City of Ifes tairister
La close proximity to the subject property.
r
2. The project would generate an excessive amount of traffic
on both uawland Street arid- Edinger Avenge and could creator
txalfic congestion at the intersectlon of Beach Boulevard
and Edinger Avon a which would inconvenience residents of j
the Clty of West.roster.
30 proposed develo�zent would be in the direct: path of
,t
Oithir the adopted routo of the proposed Highway 39
Prewap or the alternate route advocated by the City of
EmUngton beach and the City of ]'o=tain Valley.
•�'�rl
4. BMW* the property is isolated from Siantinaton Beach city
a#tw•cos by the S= Diego Freeway, it was rncoR,mended
that Buntingten 9ea,ch c;rrsieer deannexation of the prop-
erty with its vubvoquent: inroxat:ion into the City of
Wastr Aster or razoning Lhe property to a► uwo which I
would be corpatible with the uses of properties in the
City of West aincter in Ot general vicinity.
Y�.�FsfUTAY b.•rrr•..+a+- ' ., . . Ji!.a 1i. ,1._ __�_�_a.�v...ii_1."
k
Rr yy IJ 1 1i� , , q• ',r, .,
T f f;71, !?S LPs%C 1.r rlMr'M •`,f Ml'1�11( io lJ.,
i
r
a'
rd of Zoning Adjustments '
City of Huntington Beach
Attention nr. Dave Sadie May 23, 2973
WIng secretary Paq* Z
r the foregoing reasons, the Weatrinster City Planning Co mi*-
*ion "gas the Huntington Beach ward of Zoning Ad justzwnts to
deny the premosed apartment project, t
Respectfully submitted,
PLANNING COMMISSI064
CITY OF SIPESTMNSTBA
by: crank A. Schema '
secretary
"30
s
„ „fir • �1'rl�:N4'� .., .f,iir• �. ,
t
R
At
1
NINVACtcw hack PIAN1111 CiSOMIS IN
P.O. sax ISO CAL IFONNLA I"
l lot Hai► male Myor and City Cm=Ll �
�'�-''„ � � T1�tt� Coteaissia�►
' DAM Way 14, 1973
Rat 2RFITIONAL M%nION N4. 73-14 APPUL By Councilman Crean
i
r
t To permit the construction of a pole sign
ar4 a roof sign to a bight of 35 feet pursuant
to S. 9764.4.4 and in lieu 'of S. 9764.3.2 of
the Huntington Beach OrdLnanca Code,
Ucot ion t South 's ide of Werner Ave. Applicants Heath & Co.Agent
approximately 150 feet Ralph I a Groeary
watt of Goldenwest St. 3225 Lapy St.
j,.os Angeles , Ca.
llarn ni g Co4cmi s s ion Action: Approval M Upon the
wwwrarw� wawr� r— iuww�aatir`iti� � wrYu�
following
conditions t
1. 'mat portion of Conditional Exception Moo 73-14 re-
lating to the roof sign shall be permitted as shown
. .; on the plan submitted.
..,`, 2. A11 ''other signs shall conform to the Sign O rdinanev Cade.
i
vvato Ayes: Geiger, Dash., Kerins, Boyle
goes: Wallin
Abstaint Porter
Abeaut s Higgins
i
a t CAmissionar Wallin s t&ted that she voted against
tha so,-Lon for the reason that the applicant was
aware of the new code requiretont.s and could liave
cmWliod with theme
200p"
r�N w')1 h �,r •K J r.* iri',',.' f.-•j 1; . r Y.w i . _.....,y_.�._���+..rir.r�. __ _ .---.—...— �
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•
Conditional Exception No. 73-14 - Appeal May 1C, 1973
Page
dhad,zerrme Pezur stated that he wished to vote on Cond-
itional Exception No. 73.14 but was precluded from doing
ec mime he was not present during the public hearing.
go stated . that he will review the recording of the public
Maring and request reconsideration of the mutter at the
next tar meeting. Follows discussion the Comdeission,
' Su � � by
it was determined that no purpose would be served by re-
questitkS reconsideration.
Add tional infon ation:
Mrs Joys Finklaberg, Keith & Co. , agent for Ralph's Grocery
COMPOW was present and spoke in favor of the conditional
sweptiont He 'reviewed the construction background of '
the watkat buildingp history and dates of the various per-
mits and inspection approvals, and took exception to some
of the statements made in the staff's report. Mr. Finkleberg
stated that a lawsuit has been preparers on this matter and
a trial date of May 11 has been established.
Mrs Joe 4uoh, Engineer for the project, addressed the
omission and described the sign iocation, sign column
No Coltman fou►nde►tione
Mr. malt Lippa, Building Department, discussed the permits
4 issued and the department's position in the matter.
rti .ems titian Submitted K�erowith:
—wrrwrlw +l
1. Staf Report
20 .Tua t i f'cation
3a, Area Map
4. Copy of Appeal
Information to be submitted at the Public EDearittg:
1. Staff Coements
Resp*ctfully submitted,
.�0 `w _
log
g.Ae Reynolds, Smrstary 7e
fAl t A
awls
w. .• .
4 /r c
r`AA,• rr
aff v coil
CITY OF I;i+�r1i.;Li��tl Juill
Ih1TE�M•�AN7�IIiN'T COAANIUNICNtItJEM OrFEC:
To j1 lw�o Know Fpan 11M M 11, xn= 1
a ll iswrl� Dowto/ city ItiM"r
atwes D@W No 2$0 Iff3
« "0 got ti u r
ft aw 197'1 40 Uw1" of t1w Wei 4a "W 04M
j MAfjlww I • xNalk" poulkissolp Ills writ .t
�ih Use M lArks so gwsiiW. fte refftl wit OLU
i % Md s* 4ft the C&SY So fdW o OW Qs jW
so ro i�uw S"Wa"6146 or On f"00446 ad me flow
tod by Fount" t tt+�/is� 1i *t:
�2 t.
' 4*UW the q@tl 'w @i e•
Pw ►f to the thift %a2di" teir,. Sri peal"
�►A � �Milal�t.
I. av" It polls► h" $ ftd o to
> C11ds, "0"" alp � %migtw ftess rs�� 1
r :2" "
Aga do*
tha of
Ids t 1 s t fa
�
Ir is
' I� rlr
' � � ► ar�d sl+ �' i
!� #ill rs�Ear ��� � rwy► �� � ��
WNFW MWi
r 1t lips
30 Up *on* twit all I" K s" ftwe wU She oft!
allWeSShis Isph .
Iiw iS�s as rrtgrsi M
� ► Sri wwr rit�wr �! �i*� per •!��
.� MMr«i t s is •fft" eat" of aw t
' rllrs y�, �� is a* you
� tw "ems 10"Ito p r +r11� 0~0
1
r. owl
Ml4 f
,•,.� . 1�1h����,� �a ITahn B*hrian� ,
4
1 rw
fikiga Two Rat Federated Pepartment Stores vm+ City
T would sugveat a pootmortem rev ev of thla case so
'.,. 4 t• %h&,b we may ttti li xe L t; for learning and remedial urpoa a.,v . a
,1 J
I AM sure t.that you will a,wr94q , from your partirl ;�stl:n 11A Via case
" ` , '• tittd appenri r.dr. t, t!ie trial , that lu4ge Herl.anaa was very cotwor-
;,A�
Rf
'+ *ant with the low and particularly tho question of veat4d rirhte .
,: ' ` 111tt�ou h we f+are riot yet rweoelved the formal. writ , please be
advised thPt netitioner it to be a.11Cw*d Ito two 15--fc)-'�t wiipns •
a II
� •,•'� f,� CAI
'u•:•. 1 rye
I,a
1 ,
1 Ia�
�f.
0
1
r'
Council Chamber, City Hall
huntington Beach, California
Monday, May 210 1973
*$ft YAQuey called the regular isseting of the City Council of the City of Huntington
huh to order at 7:00 P.M.
Comcilmon !resent; Shipley, Bartlett, Gibbs , Groan, Duke , Matnasy
Councilmn Absout: Coen
WlktMMt *�kMrt4^A�t1YyM�AwMrt* rrt*�dl7k�k#y� wlr*rWNt �r�nk�k�tylr�r�r*I�r1r�eir�ttkt�rlr
YE A: - llfp TO VAL - CONXTI,ON MCEPTION NQ4 73-14 4 DEMIAD
S
k
Mayor Manley announced that this was the day and hour set for �4--pt6lic hearing for the pur-
poee of considering an appeal filed by Counci.InAn Green to the granting by the Plauning
' Caersission of Conditional Exception No. 73-14, to permit the construction of a pole sigh
and • roof sign to a height of 35 feet pursuant to Section 9764.4.4 and in lieu of
ti $action 9764.3.2 of the Huntington Beach Ordinence Code . Said signs are proposed to be
located on a supermarket sate currently under construction to be located on the south
side of Wax-nor Avenues approxiastely 1.50 feet vest of Goldenwest Street ia the C4 High-
way Coewerciel District.
The Clerk iaforuwed Council that all legal requirement# for notification, publication and
post1r4 bad bean met, end that she had received no comnunicar_ions or written protests to
Caadi,tionatl Exception No. 73-14 or to the raconanendation of approval with conditions of the
Ylaaning Co mission.
C umilrAn Breen stated that he !sad filed this appeal as he did not believer a ehowi ng of
bardship had bean 4sanstrated and that he seriously questioned the contention of the
o"licamt that the sign would be a part of the building.
i
f ► Msyor Hatney declared the hearing open,
i Mr. Richard !lark, Attorney, 8888 Olympic Blvd. , Beverly Hills, representing Federated
' ftwtmat Stores - Ralph's Market and Heath & Company, addressed Council and presented a
nmi*v of the factors involved relative to the issuance of permits by the City for the sign
*wwttr=t1csx. He stated that the applicant had filed a lawattit on the theory of vented
rights in Superior Court which is presently pending. He gave reasons why it was the appli-
,' c mt's contention that the permits were related to the overall construction of the ouilding.
He stated that in an effort to avoid litigation tha applicant had filed for a Conditional
fteeption and had agreed to reduce the height of the free-standing sign to 25 feat to meet
code sraquir@wwats, however, it was the contention of the applicant that the sign for the
train structusre could not be lowered. He stated that the hardship to support Their theory of
Tmsted rights was that the, applicant had acted in velianea on a valid peredi.t in fabricating
cbe sign in the shop and that this constituted commpnceme:tt of construction authorLy.ed by
the ,Vermit .
Coilman Greens commuted that it was his understanding that at the time of the original
permit, the applicant was aware that the sign ordinance was in the process of being changed
cad that there was a 60 day time limit whereby a permit is invalid if work has not aommanc,*4.
1f. Mark then stated the reasons why he believed the applicant had L-amplied with the 60 day
ties limit provision of the code.
Mr. John Behrens, 1lireetor of building and Community Development , informed Council that they
bad bean provided with a chart reflecting the sequence of events relative to tits issuannd of
sip pemits and the construction tinatable. He presented a rmview of the matter and stated
that his department did not agree with the applicant's statement i:hat the permit its the
g rey of the owner, but that it: trust be issued to a State Licensed sign contactor, tie
stated that in Nova,asber, 1972, his department had made a foundation Inspection, at which
theta the sq*livatnt Advised thmm of thAix intention to relo.ate the sigh pole from insider to
"tdhia tha bulldtng, which was conditionally approved based on their subsequent submittal
of low feat review and approval . he stated that the new sign ordinance becastse ecfecV.ve
at a*ar 20, 1972 and thn aromas issued �u the applicant expired on January
No stated that the p p rY ,5, 197'3.
applicant had been infervwd of the permit expiration and :.;gat shortly
the r"tter tWy were advised of their opportunity to apply for a Conditional Hxeept ion franc
Ow 25 foot height requirsmento of the present coder. He stated chat in response to their
ieatitsetiAg litigation, his department had visited the site at +vhich time it wean found thaat
SO earls bed bewn done cm-site that related to the sign. He stated that shortly thereafter
Clue sig4 Coiv+wa wee installed an the axterior vale of the building and while it was a part
of the aoatract of the building contractor, it was in no wry integrated to the building,
V4210 U* AWtiam and was strictly for sign purposes . Its stated that the sip column
h" car belch tUtatled in the alteirrAte location aW is esverheight ard will have to be
t
7
f ' 1
i1 k4tommt of Act ion y 2 May 21, 1973
MhMwAd before my Rign can be installed that would resrarin below 35 feet and the con-
tioa of the sign structures at the roofl£ne is structurally inadequate, He stated that
tb4 deportment hstrd been unaele to datermine from the cagineer's design that the sign had
My significant affect tri sizing the foundation. Mr. Behrens also stated the reasons why
6i9 depertmat dissarsed with the applicant'o contention that the signs were constructed
in relimmas upon the issuance of the permits , citing that the plans submitted to the Build-
iag Department indieatsd that the sign had alre2dy been fe:bricated.
Mr. Joey pinklobarg, Heath 6 Company, agent for Ralph' s Grocery Company, addt-essed Council
&W ciarified a statownt ae made to the Planning Commission on this matter.
Mr. Rverett H111, representing Ralph' s Groatry Company, 3410 W. 3rd Street , Lau Angeles,
wNressed, Coureii and utated that he believed the structure of the column for the sign
was a part of the structure and foundation of the building.
Tbetere being no one further present to speak an tho matter and there bein3 no further pro-
tests fixed, either oral or written, the hearing was closed by the Mayor .
The Director of Building mA Community Development stated that it was his recommendation
that the Cobditional 8xeptaion be denied as nu hardship had been shown. '
On motiou by Green, Council overruled the decision of the Planning Commission and denied
C nditional Racepttion No. 73-14 on the basis that no hardship had been demonstrated. They
motion weu, passed by the following vote:
TAUS: Councilmn: Shipley, Bartlett, Gibbs , Green, Duke, Matney
am: Councilman: None
A#D=: Councilman: Coon
k��Ml-��k�"dt"�IrA�r�k1F�t�r�k�k�A�ktkk�WFtA�1*�k�+A�k�k�F�k*�k�lr*�IrX�r��ktk�r�M�A�ry4�k�k��lHM�A�4*�rshk�r�r�k�k�te
On notion by Bartlett, 6the regular meeting of the City Council. of the City of Huntington
D"ch adjourned at 9:3f P.M. to Wednesday, May 23, 1973, 7 :Cb P .M. in the Council Chamber.
The oration was passed by the following vote.-
AM: Councilsrn: )1e;Z,, Hartlatt, Gibbs, Green, Duke. Hatney
8: Co?mcilmsa: Done -
A38UT: Olounc i,.lman: Caen
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of Huntington Beach, California.
Alicia H. Wentworth . ,%.rty A. Matney
City Clerk Mayor
BTATE OF CALIV0991A )
County of +prang* ) s s :
MY of Huntington Beach )
I, ALICIA M. irBIf WOR , the duly appointed, qualified and acting City Clerk of the
City of Rmtington Beach, California, do hereby certify that the above and foregoing
is a ttvs and correct Statement of Action of the City Council of said City at their
togular matting held on the 2__1st day of May , 197'3 _ .
.TIS my �++I►nd and seal of the said City of Huntington Beach this the 23 day
197'
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
oZ Huntin t/on Beach, California
BY �! �
w�
Deputy
,
SSA F r.
F0: 111.ANN 1 NG COMM I SSIUN
FWittI Planning Department
CONI) i 'I i nNAL EXCEPTION NO . 73- 14 - Ap111,AL DATE : May 1 , 1973
APPLICANT : Heath 4 Co . , Agent � ZONE : C4
Ralph ' s Grocery Co , o
3115 Lacy St . MASTER P;,AP! : pommercial
Los Angeles , Ca.
Y y.
APPELLANT : Applicant
f
REQIJES'r: l'o permit construction of
a pole sign and a roof sign =� ",;:`' .; WARM"
to a height of 35 ft .
LOCATION : South side Warner Ave . �f � ,; . 119
approx. ISO ft . west of
Goldcnwest Street
Appeal to denial of Coaditional Fxcvption No . 73- 14
by the Board of Zoning Adjustments
i•PHSE-IT ',AND USE AND ZONING:
The subject site is currently being develo�pad into a supermarket
and small retail shops and is located in the C4 Highway Commercial
District . property to the north contains s shopping center
nirvil : ar to the retail center on the subject property . Property �
(:r. 0)e east is primarily used as an agricultu:ral field and a ri-
utturall stand . A portion of the property to the east contains
i cor-tin+iati.on high school . Apartments are located immediately
.; oAth of the subject site in on R3 Medium High Density Residential
District . The property to the nest is presently vaca,it and is
located in a C4 District . (See attached land use and zoning map . )
a►iOP :IS AND ANALYSIS:
This application for a conditional exception to permit the cony
s truction of a pole sign and a roof si n to a height of thirtf-
five (35) feet a lieu of twenty- five 12S) feet wAs denied by the
Board of Zoning old justwnts on April 4 , 1973.
. he supplicant discussed the following points with the Board regard-
ing t e application:
1 The representatives related to the Beard that the column to
su ort the roof siitn had been coordinated with en inters and
architects in initial plans for the supermarket and was con-
sidered part of the design o: the building.
i
I
i
4
S to # Rio.11
Conditions -�Acoption No . 73-14 - Appeal
Page l
Z . Ps applicant stated that hie was aware the ordinance code
was in tho process of be in chenge d to reflect a sign height
limit of twenty- five (25) loot when the original permits
i; . -a obtained. He further assumed that in four or five years
t. . , i conformance to the sign coda became mandatory , the signs
would be changed to wit code requirements .
The justification portion of the conditional exception is
attact. a3 for your consideration.
The Board of Zoning Adjustments denied the conditional exception
appV cation for the fo lowing reasons : ,
1 . No hardship was demonstrated by the applicant .
2 . The fact that the applicant obtained permits to erect signs
prematurely and al'lowe+d said permits to axpire was not accep-
t$:lr to the Board as demonstrating hardship.
'the applicant received his permits on Novemberr 7 , 1972.
Every permit issued b+ the Building Official , under provisions
of trot Uniform Buildint Code expires by limitation and becomes
null and void. if the building or work authorized by such
permit is not commenced within 60 days from the date of such
permit . The applicant failed to commence the work authorized
by his jurmits eithin this time limit and on January 5 , 1973
the jcant
ermits expired. The Building Department notified the
appl that his permits had expired and P tated that he
mould have te. adhere to tho new ordinance code (effective
December 20. 1972) maximum sign height of twenty-five (25) feet .
CONCLUS IONS :
It is the consensus of the staff that no hardship exists in this
case. No construction has taken place on the pole sign. The
column support for the roof sip has been erected as part of the
building contractor' s permit ; but, in an alternate location
from that originally proposed and was erected after the sign
company had been advis*d of the expiration of their building
permits .
F.CO MMAT I ON:
The staff concurs vi,th tho Board of. Zoning Adjustments action and
the recommends dental of Conditional Exception No 73-' 14 for the
reasons as previously stated.
A rTACUMM
Lend use and toniall m .
Justification
i
1 .
K .
JUST MAT T ION •,
•may. ��
1
-Since the issl4ncc of building permits 082618 and 8204 and slectric of permits 147887 and 47688
ware obtainbj 1h gc*d faith and since a setter was received ad,iising us of rho expiration of some,
rwe foal the lattzt• n.3uss undtae'6W&h1ps. •
ffo9;2
First beca�" the signs had teen approved by the Planning r-ommission September
and by the board of Zoning Adlusinwnts September 27, 1972, viih conditions.
S!EG��, under reliance of the issuance of t6o eairmi.ts, we built the signs.
Third, becoum of Incletoont wwither, the bulldl;V which Is under corntruction was
not ready for NNe signs,
Fourth"
beca
use th%, grading controclror he J not completed his ;tab. he would not
allow trs to dig the hold nscemry for :ho pylon sign.
I'llth„beccause of the ahrre mentioned circumstonces, tha •signs had not been installed-LLL I
1 pricer to expiration of penmilts.
Sixth because we were uncmwe of the expiration until-notiRcationby the building
irhnaent after de expiraatir n data, at which time wr-were infanred they could
s not approve ay now permit. This compmAded the situation. �
f
Seventh because of the configuratikin of the ON and the location of the building
Wt cotton asked for Is Irrprtont ** protect o hug* investment.
2. -Setae of t6 albreraMtiOMW, we feel vul will not be a grantof special pttvileg0 in as
;�lu h as the signs could how. exist lemi alled 1"al ly had the structural portion of the building
been four! w okma and *e gmdirrg conVleted to a point that would have aliowod us to complete
oenr job, as oppmval had been granted for this oarl1w.
3. -Approval of this is a necessity bocosis this is a holy a.-nnapotlfive businm and mutt ow"te
with a similiar ntorket In the innre"aot area (Alpha Beta acne m the street) where a higher sign
now exhts• • "
4. Oreoantlas olur requat "lll not be a dolt Pam t to then pubIlc weitwew ,
becim at► Ow ellowesrace will net craeft sa haaaird dm to collapse, are, collision,
WWY or a holleb tram*.
I#MMJA becaem do tel8ew will west ebwwt Are rqh fno or poi;ce ssarvneill woo and
B!kLWOOOD *AY scree rl"101!d by #4 City save Ib the fly p1e"MINnt and padsltlwsiMS
NO ties+ raMoor em of UWA S 1972 Ewa to elinnina ft
dated �• x", re
POMA a trap hrsor* la +ae w lot eaatai if;"*
Opp
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I L 6XC5PTJ(wvCVO. 73-14
MIT
N — As
MYMITI �`1M um K*1111M+1i` 01". m,.�rrY•"ti�iw "M►,
SEQUENCE OF EyF-- TS--x..."PWS MARKET
BUILDING DATE SIGNS
BUILDING PERMIT ISSUED 7/14/72
i
12/7/72 BUILDING PEKMlTS ISSUED
FOUNDATIGN INSPECTION- COLUM 11f 27/72
RELOCATION CONDITIONALLY APPROVED i
12/20/72 25 ' MAXIM614 SIGN HEIGHT
EFFECTIVE
1/5/73 BUILDING PERMITS EXPIRED
1/1.0/73 NOTICE OF EXPIRATION MAILED i
k
1/12/73 CONTACTED BY HEATH y CO. —
I
SUN OR ABOUT) I ADVISED OF CONDITIONAL EXCEPTION PROCEDURE
FIELD INSPECTION . SIGN COLUMN 2/9/73 +
NOT IN PLACE,
3/21/73 CONDITIONAL EXCEPTION APPLICA-
TION FILED
COLUM INSTALLED Its ALTERNATE S/21/73
' 3 LOCATION-OVERHETGM-STRUCTURALLY /
INAMQ7 ATE `.
�- I
Mum
Affidavit of Porlblication
State of (04WORtia
cau►�iy of Orwiae
City of Hu Rtington Beach
George Farquhar, being duly swam on oath, says: That he is a
dtimn of the United States, over the age of twenty-one years.
';'sat he is the printer and pubilaher of the Huntington Beach
Nmo, a weekly newspaper of general circulation printed and pub-
Mthed in Huntington Reach, Cedllfornla and circulated in the said r:
County of Orange and elsewhere and published far the dlsseminatlon II
of Icc-al and other news of a generic character, and has a bona fide -
oubscrintion list of paying subscribers, and raid paper has been
established, printed wad published in the State of California, and
County of Onutge, for at least one year next before the publication
of the f st insertion of this notice; anal the said newspaper is not
devoted to ibe intermt of, or published for.the entertainment of any
particular class, profession, trade, calling, rare or denomination, or *. , 0
any number therwt.
The Huntington Beady New was adjudicated a legal newspaper
of general circulation by Judge O. K. Scovel in the Superior Court
of Orange County, Callforula August 27th, 1937 by order No.A-6931.
:'hat ttw .�A22Efil, T Q DE11T A
COIWITIO13AL EXCEPTIQ J Z3-0.3
of which the apnasred is a printed copy, was published in said news-
paper at least
from the __216. day of _19n?
1123, and ending An the 23,11t. day of June _
192.1--, bath days inclusive, and as often during said period and
tinier of publistlon as said paper was regularly issued, and in the
regular and 3ntin-, issue of sold pewspaper proper, and not in d
siupplement, and said notice was puNished therein an the frllowing
dates4 to-wit:
r
Publlther
Subasibed and aworn to be.'Om me this 2213d day of
qe".wMMAA A F. Notary Public
tv Orange County, California
TN1AS D, WYLUE
%"I? hh&-C4O6.'%is
county
12, 19?4
A
?"r
fe
Huntington Beach Planning Commission
P.G. BOX In CALIFOR If, 92648
TO. honorable Mayor and City Council
FROM: Planning CoLunis s ion
DATE: .dune 18, 1973
ATTIf: David D. Rowlands , City Administrator
RE: QUITJONAL EXCZZ . NQ& 73-03 Q.&&' L
lUJIgt: Beach: City Swimming Pooh
19142 Beach Boulevard
Huntington Beach, Ca.
fit: To locate an office trailer on 1.66 acres of
land on the east side of Beach Blvd . approximately
`00 feet south of Garfield Aven.:e .
, DGel: To denied by the Pla_zining Commission
J218naLUg_QoMM .wsian Action' Denied on June 5, 1973 for the
following reasons:
1.. No hardship was shown 'by the applicant..
2. There are no extraordinary or exceptional circumstances
or conditions applicable to this site and no extraordinary
or special jircumstancea were brought Forth by the applicant.
►. The grant of they conditional exception will be adding on
to an existing land use situation which iu a detriment to
tha ,urrounding properties .
4 . Said addition to an exist.i-rig non-conforming use will: not
cause the existing u3e to conform to code standards and
will not create adder] beauty and harmony to the immediate
vicinity as per requirements in S . 9716 - Additions ,
Exterior Alterations to a Ikon-Ccnforpairg Use .
: Ayes: Geiger, Bazil, Kerins , Porter, Wallin, Boyle, Higgins
Does: None
Absent: bone
Marx 2
Zn"nuoh as the particular business has expanded to a more intense
use without any &&Inistrativa action] the staff contends that the
proposed location of a trailer is another extension of a non-
r:
e-Worming use .
r
t
Now ,
' � I
Condit i unal Exception No . 73-03 - Appeal June 18,► 1973
Fage
Add.d.j., .�o al rnfQrmation;
The Planning Commission conducted a public hcearing on June 5,
1973. Mr. Arthur S. Folger, representing the applicant, addressed
the Commission speaking in favor of the request . Mr. Folger
stated that a hardship exists by virtue of the fact that the
traile- has already been purchased, no office srace is available
in the area, and that because of the short term lease, the
applicant cannot construct permanent facilities .
A letter was received from Mr. John L. Campagne, 8111 Wadebridge
Circle , Huntington Beach, opposing the request.
At the March 20, 1973 Planning Commission meeting, a letter
was received from Beach City Swimming Pools requesting pe rmis s ion
to keep a fenced area .fur storage purposes at: 19202 Beach Blvd .
The letter was received and filed .
p.0,j. f rticrn Susbm�tfi, d Herewith.
1 . Staff Report
2 . Area, Map
3:. Beach City Swimming Fools - Letter dated March 14-j 1973
jrifor tjPn-t4 be Submit-tad gt the Public Hear=&.
1 . Staff Comments
Respectfully submitted ,
K. A. Reynolds
Secretary
KAR.- b
encs .
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IT L EXCEPTION N0. 73-03 •
5
RMM KACS ftAWM KFF-
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+. f PLANNING ODWISSION
his flOW1144 Devartmest UTl: .SOW S 1973
MOSTidNAL IWOPTION NO. 71+91 01A1STU9 PLO ; Co mcisl -
Retai l
`. APKICWT: beach City SwImiaa fool• ZON2 : C4
19142 reach Blvd.
1BOM?: offices trailer for rwaiaoss ( -
o�fico• . for � ''' �
r IOWIOW: 1*64 ac. am tke 9"t xida of
�, , , • beach NlOrd, an roar. W fS.
s of Gartl•ld
rMIC amino
Cosdltiftal txctptim No. 73-03 Is a i
st to locate a trailer within &a
•xtsti sriming pool cawt:rattisa twrinerroo alto .ad is to be
�
ati lls as � mot office facility• S o 97"'A'� Misssi1mmos"
Prov gifts vi sl" to aibel/a 10 t of t" owe facilities
t trailer provided Aa� the po ent stssstwe will be
bo1 t•
40M V Zara tS ANN Z Nl ING$
*&J*at site is presently botaS ws#i as Am isterralet94 buste"oeba
rs�is�ls,� jai se rrri cs t sw s� rivel
#1 �•t"Wtioa r md a i t
Sorr►ii�►. I" site is art!a�i it 4 MA csataits • $two
oil stovW tuts aat a gawra& vAs"M storap aft for t.
,. . '� s 04 trailer facility presently anti•se Mac ro" �r an
at t�
�r
!� r be tW AMlrth !s racau t a� p ray to tbe vest sitme
beoo� 4"Saiss a "r"ry. we sisNls fWAly 1mss sad vamt
sad* LM to d w south of as $ubject site t r OW
�r• afi#lAr family d"lliaN usit. All the Mrv� ie tty tA cisit1P
i ls► &S" is a C4 vi ai► C rcial no tract. * subject site
auto t ft CAM M 16 Ida m N"A io TirA to the •to t
obtab 1• to t +Mw Irl hl t M t real st lal.
now of tbe Property is this one evat+tiss off 98120 1" revonsts
to& as eribs. tot'! s etc.
IU 14116vial "At", dwpi ots the " of iwsuWas Aich i• ooadso
Wtshis rub s sits.
4014v*9 irsswe lidawe issued for hraclr City P061 Sevvies
i
ff Iwo on
1
2-17-71 &asimage lice"S issued for Dosch City twiaalrrf fool$
• • (c�1w►Rswcta�r� .
i- iPIS Maimess ucesse loadwd for Do•ic Gmaitias Co *w
't
No administrative action uos required in 1969 to iwmf t the oo 1
service . A. td7=, which roqulyroa a use permit for ca w%zk. mesa
rndtt*d in the CZ District. Was igirleseated into Division t
Do ►tswlber 1974.
IMrer on isal busi ass has s d and pro frsssed to • business
. which should be tocwtod wl:klm a Nonufartutrfaf District by strict
def nitim of Vivialoa !. Notorials mW vehlawletr SUMP sow
pvia* an major potrtim of this site.
A of the Cowditiosal fixCe tics Mo. 71-Os apPliaat:di and
add t Owal Jws Aficstion "to is attacked for rMV o"rsidoSaUOS&
SMJocs site dc+s rot c roafetrs to totsoaL dsTO t ita�r s r
• relatl* to parkfu t, lasdsc profs setbacks , aims
#wig:
1! ►awe+ as this particular busia"s ho a did w a am
rtoaeo use withost asy adniaalstrative actieee. the rWLY an
that dw reposed 1ocatles of a trailer is MWthor eateatiaw
wift
a S
oswAr�
Uri as
'fir shaft trrrCOMMrndo da lai of CoWitiolmLl txcOPtM us,, 13-45 ft
• folic xwoaa►es: �
.,`� . .'• i. � s� ae oat Yosr�disar�r ex •scsp t i e�rei ci�r�+�ro� �c
aseditiows d"Itcable to this sits.
; i
r 1. 7bet=""
�tl tAW CWdi t iWA1 oxts ft ism will MD ian to
• M "` wW war siwrt�osr r bM*,b !s s dr t rA
Z. D said ad"UM to M exist I".� w ►f ws ii '
Rama oxistins s�t� to �M /
fit M" bean,
meN. i . ,
• "jo , 1
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Beach City Swimming Pools
WE SWRAL.199 IN TK DM'0 4 1902 10141 UAC14 OLVD.
' AND CCWSTRUCTiON Of- CUSYO M MU NTINOTOW IGACM.
CO All RCIAL ANO AWDINTIAL CAL IVORN1A1OM
WMWAING r00LS Ii141 ft; 7?M
Merv` ��� 1�7'� �iL:C►���!lr.�,�
Ar. WIrcus Porter and MM 1 73
Inn Houaroble Plevaing comission rtANtllfl�i dEr1.
P06t offloe Box 190
NM:inston 56"h, California
a
3AC11 OCIT' SWDWNO POMA had plan move its construction compacky
!POR 19172 9040h $oIu11M►W4 W 1q202 h Boulevard I "Mavutim; to Nose
M atgwlrs feat south, !"via# our , BtAM CITY PWL SUVICB An
.1UPMY at the same l"Otion.
0,7AM CM P001 31MVM AM SUPPLY CI'1`1P 31 XMING PMA twee '
been optrotiat here in Buntilfton or the lea t five rears e'a Jay.
too a very goad relstivaship Ath al rooldouts and City Official*
i - its Operation. rxr wlrioming po traction **%*any pas gremaa is
4 service to the ocowmity and we past have more rM to Min-
tads and far Mer orpaad oar preses I mesa
we bwve spec.t Reath time end was : rty at 19x02 Bea>eb Blur'.. ;
to I�Ael the tTont of than buil h would ho%we our m(ficers in
order to Edo the appeardna• as p as p walbU to the r-cumasnity,
We beve tovod6 l ovo%ver, that 'there i4mtrictions pled on ur
aaaono:xalrig a femnod 1n atrea to t;-a the building not a+oWletely
visible from the Baronet. lit *Ave very •ttraeUve toraaoo vitbin
the bourMdairlo t of the property and i k of the buildino to Conceal �
eguipsomt cad aruppllaa nodded for us funatioa Properly. Wo kwv" Won I
ihtonaad %Mt the aralrea is not son+d ! tom".
'fie would like to pout out$ Myer. t ewr� American building
3UM114M "a a towed a quite Urge t is used ively for
sursoes lurserg et.�o a their property, $ Ba"b Ci! 1 Border
ab *"Iy h" s o"llor roes to the rear of s bui ldir,o We povese.
'rare are oft r b%wifflosse, in t"s area, W1 a as 800 iva,
Ca bimest 9W0 4 Narfm l &U., who ea joy the t*neiti t of aft a� Mr tatla
tatsroe d cord I WHIMS a ,bot an sttrertavely as sera. T ie
a P so surta Cedar free t some 190 Erse% boot of the p line
aced beA.;+s1d t#bis btlildla�g.
r 'Jo, *ro askist at %leis tine for prrratasl N 46o for pbaettva-
tive Iwad e11111o"alimont of W s irraperty i■ eftu plat w Ify be able to we
We loostiou for out bus'Mut. TM let 0los is deaiitomble beoone* w acre
Ole** to ow etbr busisens also we an kom To kv fuaotiontal in %big
area.
kip,:
Beach City SwimmingPools
W PKALCU IN Twit DRGKW lit yt - 10142"AC1 OLVD.
MD QOWft1CTra1 OF GWV14 MUNTaOT" MOM.
CM4M AL AMD M4 ORNTIAL CALWOAMIA M"
O ONAWN POOLS. 141 MAIM
':r�AttrYod ilroi Page 1 ,
"a would approciato it is you ear:uld take th matter into your considera-
tion. at the *mrlivst possible u0mant, ,Ka a almost ready to relocate.
'v holm you reo the Matter am we have tri � preaent it. Ot,herrineq Na
will have lost our r6ft Sling irwastw ea ank the value of a Rah Houle-
•eaa�! lartatian. ,. , .. . . ,. �,.yj
. I
TMnk you for your co-operation.
I
welt',
We Carter
CITY S IWI NG INK)L`A
or
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Ctrl '� �v •S/,�
Y Beach City Swimming Pools
WE SIECIALIZE IN THE DESIGN i9172 - 19142 BEAC14 9LVp,
AND CONSTRUCTION OF CUSTOM HIJKrIPIGION PEACH,
COMMERCIAL AND RESIDENTIAL CALIFORNIA 92e4d
c
SWIMMING RQO!.'} I7141 067-7302
June. 15, 10'7=3
f?[ CEIVED
11untinrton lienell
California HUht � ��; :+ r, ..•.t
Re: Conditional Exception NO.
r3EAC11 CYO"r 3101 1MING F't`;'II,; I!•.'; ,;1�,t+ �5 Cj 10
Disapproved can 6-s-?3 hp 00 13.13 . Planni.cig Cnrunission
BEACH C11T :i'`i.M)vi1jKG i,% 1eal,ing the der;•lsion of the II.B.
Planning Comrnisston due to 1; • .Ptict that we ft., l that there were
herdchir causes presented i* the Planning C:ommit;sion. The main
reason for the Vlanning Copp $6 S' denitll V,'151 11s t'ie.y stat0d,
wo could not prove hardship�u�; ' o nal]y, we intend(--d to loonte
at the building of 19202 134N, ',.1LL (1vd. and plCn.rcd t:, put up a fence
i n the rear of the hui ldinr ' storage. However, w�; were informed
by the Planning Department V. %t• wo were nc,t; ;oied for that Location
and w, had to find a place �>�t Oti.ch we cnuld operate our butsiriess .
'i"he only r�escmurse wn.n, t'oz ';Ifir�ti our own offi.cos and the only
irnmecli��tQ avt�i.lttbtli t}� was ti.re trailer. )%Al of these i.L•amg
tools plsre in 1.1erch , 1973t ,e V;.+ were r,nttlt;.r; ::o our busiost
se nson, and oid to :Ind offt# ae to accor.odntee our rapitil.y
explandir e,- bustness . The g aspect of our bugi.nfess, which
according to they thinning De nt, wets Largely responsible for our
z,aning has r ',ly been dissal.ved and we will not
)gave: the large equiprient b ein ored on our property. however, we
do not Peel that our truilnr , its pi,esent lucvtion, is an eye-more
nor do we feel that we H Adalm=ony in the cormnuni.ty as
stated by the pinnn pertmen in the Gridation to the
Planning Commiss
We have always anduct@d our busi :e es from thy+ each Boulevard
location anri we would like to continue cond WSJ ne go s
there. We tiro ;m ns a Huntington Beach batsed f� our name
reflects this/ al" ,e would be at an extreme hardship to :d we bar
forced to relocate%, nother city, or nnn-Bepch Blvd. 1 ti on.
1 , Dori Carter, the owner, 1'It1 p.; 9,,Jed in iiunti 0j. Naah for the
past 20 years anti have conducted 'Ify therefore, I feel ,
hint we should be entitled to tiAs Conditional r,.xceptio" to Z-ontioue
our service to the cormuni t y.
�. Ve.fie vkr On We Bid
' YG�1`�18e►r.�.
I'
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Beach City Swimming Pools
WE SPECIALIZE IN THE DESIGN 1 Ell 72 •- 10142 BEACH BLVD,
AND CONSTRUCTION OF CUSTOM HUNTINGTON BEACH,
G!)MML+RCIAL AND RESIDENTIAL CALIFURNIA 92"6
f SWIMMING POOLS. (7 i 4) 90:•7307
Page 2.
Pl t-ats{' rind nttachrd a copy of .a ?.v tt*r that d i rectnd t:r•
:Ir. Pnrte r , r't1''! 1')''1T! ^ Ir 11-o P161,11 i'l-J)
J-4t 19M It is :lot r1catit to be di3:r413}>0-(:tfial , hc,wc�vr�r, r1t: t11c
cladu of the hoF,.ring for our request for the t:rndl tion31 Fxc;ep-
tior• 73-03 on iUne 5 , iy73, Vr, i�A !�e'r str.tc,d that h�1 persannally
kne`4 of an nffir,ra that w8q nvailAble anti point-ad out, the oxact
location of thy; butldirr+ we Int,rided to move into to March, knowing
that we had been turned dawn for it oriclinal.ly.
To further referen,.%n this t aot: attached please .Ca net E1 cots}' :af the
minutes to the meeting whereby the Planninti CommtSsinn accepted
our letter into their log.
Due to All of the abnve i.t+Asp M>L fatt1 that our appo..-,i1 for this
Conditional wxcert:ion 73-n3 �,N 40! ,tifi.zd . '-!P. nre in the p�•imr, of
our season now, and due to &IX of th9 delays causeii i;•y the 111nnninQ
Departmant and Planning Coy ian, we, would be in a pralie il�ardship
should we be £Uraeti to movo I1 W. I yam not in a position now, nor
w3.11 'i b,. for the next 12 mot tlls , to move )r1y business , %rithour
dangering their existence. fto much of my time must be spent on
h-usi mess mat tcrs.
{ ,"p f Ily suAmlittod
. rf
Carter
y
1)teC
I
^'ors
1 y.!
"We S"pi v whot we swu e
.r
j�'1•r
y
tit - I
f
• j
IWr NO PWO` O
g+ r-'em"A a pla ndaw �,tal�cs
W Otter an i
�gtlatt Mw�� dw�ll�ae►ia
plasom mmIts acastrasuaet Dawafty
two * gas* to IPSOR be I@ Sevuerwrar tint to s
Owm Ow Oft anom In ON= and Rum a "!"t' PnNNM POIXA ra.
c Mdb& boo $aOWL— sfim tw as 2"t St" Femme -
PNOW e>t,fa Arne 1 WO"dftlw sad d1ty Off101 tlo
adamw "*1 ealLowwtiwfa 01WOW Ww 05 In
�ilrrl �U A or No we #mot we watt imwo owe tsar to ftsa-
*wow dowd Ow ,art buimme
go :=AM too IMW •W SmW ap So peaperty at iPmS Blvd,
a lb
no NAiNS fair WOUU laraser our olfioMs in
y ' as piamiss d paaetbxer '10 the aa■oaityo �
4 F
V0 r bwmwg ftat Owe are omw ewtriotioaiee p lss ed as us '
� of the building� �r�wM ft �Mlaw in rdrr row* • aao1 oaffetal y
is aw Mom• We hom butt a vwy attrrortins !sN tritun
tpeolldt le ► aor in o! tyre lrulidiar to ocammi
at OappiOn MOW AW Vw to SWG Uss PIOPWIro W* le@W baM
am " art wis" 2w lownsov
wo Uft to Now a& "WWI *a im Aawle" ftswifte
o 00 L* ward a %twig ftr
"ty yaal $""aa
i Ow"W r" to as of its b"Uslao for ftp pwpsers.
to as NMI vials oat 90 toot YOU"r
7 ram.r *0 eftj ► lint alit ay siersprr we= %bi"
sr attitinkOfty aw ram« The towo is
as to we am i0 toot %wk of an propwir Beta
aw pIsl�/-A tr l toaw ibrr
' rt► ie+/w�t Iw *In to we
�. 'p low" to as"iwfib" bwxmo I* an
Ito
ri
rJ ,1i .�'1�i
w
f
I
WO WU34 GPVrOQ1&t* it is YOU vetw%A %Ww gill ■ettw Into your oamidors.
11e bo rw an *0 M'ss 0r as we love tried to prM t«lt. ot e's we
VIU boo SAM$ tree roswelloRy iwMwslrwrot and tm value 'f a srok !moo �
red lo""4m*
' IMt 740 your 06-+00"riaa.
f J
7
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I� 44
`I` r
minutes ,.. 11.11. Planning ..immission
Tresday , March 20 , 1973
! Pat* 22
ON WiTION BY AAZ I L SECOND BY 111661 NS , Tilt; HEARING ON Tilli ANNUAL
VIEW (%F CO,NDI1'ONAL EXC:l:PTION NO . 72- 5 WAS (ONTINUE0 TO APRIL 3 , i
19739 BY THE FOLLOWING ROLL CALL VOTE ;
AYES: Dnzil , Kerins , Wallin , Boyle , Higgins
NOES: None
ARSOT: Geiger , Porter
WRITTEN COMMUNICATIONS
r
The Acting Secretary stated that Commissioner3 had received
Copies of a letter from Mr. Norman N. Mamey requesting an
extension of the present zone varintsce (Conditional Exception
No. 67- 63 which expires May 6 , 1973) or a change of tone to '
commercial an property locat ad at 201 Frankfort Stree•Z, ;
w
MT. Hassey was present and addressed the Commission , speaking
In favor of the request .
The Vise Chairman directed the staff to research with the City
Attornrw, avenues to allow the existing use to remain with �
no expansion. i
ActinS$ Secretary .firs Falin is to contact Mr. Mamery when the
quostion has been researched.
Swimming Pools
The Acting Secretary stated that Commissioners had received
f. copies of a letter from boach City 5wiming Fools concerning
a fenced, are• in the rear of their property at 1920Z Beach
" . 3ovIevard. Tke request is to allow the retention of the fence . r
0 'tT BY BOYLIi �pCQQNO BY BAZIL, THE LETTER FROM BEACH CITY
b' 1id111d�iPWLS WAS RSCBIYED FOR FILE, BY THE FOLLOWING ROLL
, GA&L VOTE:
I Sasil, Sorins , Wallin, Boyleo Higgins
111046: None
Jos Geiger, porter
#, Mid A itT MO.gw..w 7 3- 14
w�� YYw��1w
* Coda 140004mat No. 73. 14 proposoa an amendment to the definition
of an I&Mtification sign.
' . ION BY XML8 SECOND BY WALLIN, STAFF WAS DIRECT8D TO SET
NO, 73.14 FOR PUBLIC HEARING ON APRIL 3, 19750
POLL M XG ROLL CALL VOT8:
r
�.
r '
` Beach City Swimmi,ng Pools
VO GMCOALIZE IN THE (UESICM 19177 -- 19142 BEACH SLVD.
ANO ODW RUC"f 1O1 OF CWTOM HU;4TINGTON 9EACM,
CIOM"RC AL AWL? F ISMENTIAL CALIFOANIA 92W
erauAMl 1'(fOL�. (714)"217302
00�ltTi'O� �w (gafti�) �►
A) IN OCR IMMUM VXM M M 'I MM' ARL NO AN
Mxw RMM l Am RMASS VsM ZM M WU OF "M
nub . ANMW TO Ow WTO wr A DTI T
U M OWMAM WI MM $KOM lam. Air (w WAR
% as WOMMOVInt VUR M we rMft TUT I! un MADAM 0
i R' A�9 we "=a is 08MV OM 02M " DOOMM A WOMAN ACM
OM Am Ma VMD $a 1=0 . A Mvx � OW19xv ON
WOMOM AT I= No WUMS LAW M IRAIXb
I
4 a "I 1wourg to To $ a" DeMSM �Tr�
a�a�nv AIM LAMAIN M CAM On= A rsc+�
AM IN= OR! aM " am 0 20 " cutalow11 a U
rAx�r do " FIM say WPM WSW= ON am#
` 10) "R MWM.1 iX ~20 U SR w 'AID Muvi�
G%vww V L13 lei %me i2WAMWffLMAte► OW1=
SM my Sw= wMV ]VA was E A U=3= VWW1 I ve am.
M Owwwwwave Is= UN MW M WMT MIA !a 1WA
lion Air I*- now t Mum W" on
►i " In f1►M '#fit 1100 IR I pna� AMA l •
1
�� 'Wir t MIN fit Ste"
0
If.4
ON MKANCE )
?ail& � ,
4' PRESENT ZONE
NIJNhW�ON SEACH
AV �
UV
DV
W
►* J.L96A Weak boulevard COMMISSOON ACTION DATE.. �
MAILING ADDRESS w ED APPROVED
( CONDITIONALLY APPAOVF-D
.�W.,.. .. �.,...�.._...._ . ..Y..,��., �..._.- -- DE NIL
i MpME Is16, y �- ] WITHDRAWN
Sta�irN�ra 6.lothors APPEALCD YES Nts
OWMEER
COUWIL ACTION D ATE
,�.�.. B Ootherd $tr**t Runtiagton Bearh
'b1AlL INIG Afl0ftS9
APPADVED WITH CO
OTHER YHAN CUIMWI016 ,
'10 PERVIT r DEW 0
` office trailer for busirioass offices EFFLCTWE UAT'E_
f*r 04mah C f.to Swimming Pools.
LXATiON OF PEERTY (SIDE OF STREET, NAME , 01STANCE FROM NEAREST
II4TERSECTING STREET)
I . Last side of Beach Blvd. a
P;-*uuimately 400 ft. South of Garfield Avenue. Property eoctendn
BA?, it. East of 5*atch'B1vd4 The t,'tilftr will stand in the South-Bast corner *I front Parcels
Ll"L DE'SCRIPT'ION
Cede area 04-0oij Parzol 15 -Uhl-iZ; valums iti t page 495 ax
TIFICATION ,
!°, K.L OUT COIMIPLFTELY ( ir *ORE SPACE IS REVIRED ATTACH ADDITIONAL PAGES )
A) WHAT EXCEPTIOIMAL CIRCUMiSTAMCES APPLY TO THIS PROPERTY (INCLUDM t SIZE , SHAPE ,
TOI MAPHY, LOC*T`IDN 00 SURROUNDINGS) THAT' DEPRIVE THE SUBJECT PROPERTY OF M
PFOILEGES ENJOYED ON OTHER PROPERTIES IN THE VICINITY AMD UNDER IDENTICAL
ZOWCLASSIFICATION ? ,
See the at -.hod sheet. `
L
7 ,
t
S) WILL TW4 COMITIONAL EXCEPTION CONSTITUTE A GRANT OF SPECIAL. PRIVILEGE PfCONSIVENT I
r WITH L1041ATIONS UPON OTHER PROPERTIES IN THE VICINITY ANO UNDER IDENTICAL ZONG
CI.ASSIFICATION P
Yee. Due to our wring classification, we Mould require a special exceptionj
howrvor, withiii our vivinity, but under different xaning classificatioo, similar.
business entities *Klst.
Q WHY IS THIS CONCNTKNAL EXCEPTION NECESSARY FOR TriE PRESERVATION AND
ENJOYMENT OF ONE OR MOIRE SUBSTANTIAL PROPERTY RIGHTS ?
Soo the attached sheet.
M ISTATE REASONS WHY THE GRANTING OF THIS CONDITIONAL EXCEPTION WILL NOT ENE
MAT ALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO PROPERTY IN
THE SAME ZONE CLASSIFICATION.
as* the attecbom shoat.
SIGNArUIEE OF PROPERTY OWNER OR AUTHOMED Ac# fi
IM ATTAGWa SWPLEMENTAL SHEET MUST BE READ AND SIGNED BY Tft APPLICANT ,
1 i y •
• "
1
OLANN INN C( I SS ION '
,
IL: Planning Department' DATE : Junes , 1973
"k
A
4&91TIONAL RXCRPTION 90. 73-03 MASTER PLAN ; Cowor+�ial -
ti Rani 1
.AOPLtCAIi�•: Nach Ci tY SM-Ming Poca 1s
'j 19142 aloach Blvd. ZONE :
C4
P,bQWST: Office trailer for business !
offices . four
1AXAT•I ON : 1 . 66 a c. Ce the s era►t s i d+o of
!leach Blvd . approx. 400 fto
south of �..f1Z
161 C HEARING
• r
,. . NURAL INFORMATION:
Cuditional Bxceptiom NO. 73-0$ is a
st to locate a trailer within as
�►n� �te�l,a�.i&g poal contractive business site and is to be
llistd as • porowant office facility. S. 0730.271,
sLfts DivIsloa• b9 allow$ placoomt = of tmVoradry facilities.,• . ,
40A •eta a trail*r provided that tho """goat st.ucturo Vill bo
IMP M AND ZW11XC::
M& oct site is erosoatly b eiis.e cared so tbraar interrelated bust"Gow
larR ;Pool sir a lce , it g pool crostrac�tiaa, Mad a' f�...: f,
ros�ric The site is partially do loped #%4 anus rs -a store :.,'t � ..�..
ell ototaw 'tmks sai, a rail (Paside �s torap a - far e ,
traiirr fact ltyo promently oxists an T
be. roar por
the Fref+ rt),.
th 1101,1h Is X "Cut swd Proper to tho was t k toss
vd. aaartains a Sur"ry, two stnglo lamily hw' *s sa a. vaamt
, . to tho swath of the subject site *Miss a � MR
fbotatle f"Ur #0011tas� =it. All :fir #1 thiar ciatit�tLeoat� i n a C'd N#ftiftraU
r Comersial %PTIC
MtiaC: The sub joct site,
ot .4� , "W �fsasebers Ca bdisara I#s M1r► Yard to the crest
;L is lm*ftd JA N1 Light iadaatrial f#stricf,:.
1 of tw pf sty in this live cowtaiss off-rjite improvements
SWA of , iftttere, etc. ter,
WOW; y
'fir ail #1UW s�picts ter taw of basiaops which Is. o `
x•. �. " M
t Wi� �t site. + w,r . :
1 d f eo -sea" t&tp R"i on
rilit
z
}j
R '° rff uport .
Ati4aal fxceptior. qa . 73-03
1 - 17-71 business licen►te issued for sesch City Swimming Pools
(contractor)
1 - 1973 su•aainass license issued for Domic Cumnitina Company
No adminis trotive e.ction was required in 1969 to permit the pool
service , S . 9+4720 which aequires a use perstit for commerk-1,al uses
rn
ruitted in the CZ District, was implemented into Di;visi,on9
September 1970
The on inal business has ax�audad and progressed to a business
which slould be located within a Manufacturing District by strict,
definition of Division 9. Materials and vvhicular storage now
comprise the major portlon of this site .
ANALYSIS:
A copy of the Conditional Exception No . 73-03 application and
additional justification data is attached for you. consideration,
F x Subject site does not conform to current dawslopmeat rtaadards►
rrelatlad to parki,nd, landscaxpiuS, sretbacks , or iwaroveaents ,
f►rwerrtb as tbis $'s"Ie riax bturinos* bas "Panded to a •aat
intense us* without any ,ftlnlstarativt action, the staff contax4e
that the propesod location of a trailer in aanothor extention of
s am-con orniag use.
Tte staff recommnd>a Oealaal of Conditional Exception No, 73-03 foe*
"' �nllamr!a; seaaon'se;
1. ire aro no extraordinary or exceptiaaal clrcurtkaftcos o*
r aaadi Lions applicable to this site.
20 Tkat rantla fiat coa,di t iona l excopt i�ou will be addl►aS on to
an « e 1=4 we situatiama A14 is s detriment to the
X. mat scald 04dition to on exists age-conformists use will
Como tbo existing site to conform to cedw steadards and
wit sot *rest* 0&"d beauty as# l a y to t" imsdinte
�r Of r iremaats ja d. 9714 !I►D11ITION, rOx
' A�, ► a« AT r -C0WF00W vet.
` if
.�.rr
f
't
Ij� JJ
'Al
� "wait UNA Excwgc 1 100. 73-03 WTIR PLAN; ComD rc i r 2 -
,I
SST Iffice trailer for ►euimerr -�--
a affic409 .for
"0 Ovock Blvd Tr W fts
MUC mmin
403
't
or
IA
�i' •291�W t`� may,- f :1 ; 1 . ., •• •' �.• � �• �• �' •/;
r•.' + j� A�� r ;y, •.v rr.1• ,1 t r'� '.��:� }' � •, 1, .•Ir � �' ��'M.��
y• O
Y 1'
1
Y'
1,
10
LNU NOT'.CKUR
VOTICE IS KEREBY GIVEN that a public: ho&ring will be YzHld
PW
real" 10 be WWd for business
ott poverty is
�� � � ► d+ �! old
r•, s •
Said hearing will be held at -wi(� )Iour of 7 00 P .M .
r, vm S r 1973 in f;he Cnuric i ; Chamber of the Ci vic: Center,
:+�wti2lgtQxZ T'r�:3�}� , California. on 1 th Strent between Mai ri Street
lin i Orange revenue .
All int.-.!rested v,roans invited to attond sni(' hearing
and express: the it opinion.-, foi• or agai rest the propose+,
COWWOUAL !gtion
a+tiw�.
Further information may rat • obt-,tined from the dity
P13nni.ng Dc,partmont, .
No 536- 5271
OA'T'ED i:111 ,24th 1:1v ol*MAio 1973
A� ■�Ar�iI..YY�q lily
CITY PLANNING COMMISSION
BV
K.A. layttia lds
i
CR 73 .03
Bench City Swimming Pools Marcus M McCallon Tyler Brinker .,
19142 Reach Pl'rd. Realty Syndicate 8122 W*deb�ridge Gir
Hunt Beach CA Box 550 Hunt Usch , CA 92646
Huntington Mach CA 92648
Steverson r"os . Daryl b North at al
11062 Cothard St . 8151 Wadebi,idge CI r Prank Tri f e 1eztl
Hunt Brach CA Hunt Beach, CA92646 8132 Wadebridge Cir
Hunt - Reach CA 92646
/r
Oraabo County Blood Dis Southern Calif. bdison
j P.d. #P4, 1S7b P. C Box ill ,Allan L Brid e
Santo', CA 92702 Hunt Beach, CA 92648 $142 Vadebrlige Cir
Hunt Roach , CA 92646
Stated DIv of toys Jerry L Sapp Donald A Ray
N.G. i1a: 2304 Toro Annx 8141 Wadebridge Cir 1152 MadebridAe Cir
'.o* Api6hiM . CA 10012 Hunt Beach CA 92646 Hunt Bosch CA 92646
(Staff Asst - Disgin S)
N' B`j `U.. H` S•R• Larry L Curran
1902 371:6 St. 8131 tadebridgo Cir DAvid w Gledt
Rust Udch CA 02646 bent beach CA 92646 8151 Gartwear Dr
Hunt Beach CA 92646
Neat Roach Exes SAe015 Sidney w bfftry Jr
box 71 $121 tladebridge Cir Walter Lit Prasoe
ftot Bosch CA 92643 Hunt Beach CA 92646 8141 Dartmoor Dr.
Hunt Uach CA 92646
M11dteA M Jsttie John L Caepagne
936 7th $t` 8111 Nadebridga Cir Robert L Visser
sibley 1 51349 Hat beach CA 92646 8131 Dartmeoi Dr.
H=t Reach , CA 92646
Marlon C 94li"r Albert r Smith Jr.
1?01 gin U $101 ajobridgs Cir Fredric L Prrrdoll,
X"" t *Ao CA 93660 Must Beach CA 92646 8121 Dartwowor Dr.
Hunt beach CA 64046
lads A Varkias Russell T bkattuw lodwronce WaAbevb Jr.
P"D• 8102 Nadsbtiridge Cir 4111 Dartseerr Dr
Parker ArIsms 56344 Mann Bosh CA 02646 Hunt Rem CA 93646
outer ., ► �d !! .ram C titers
list vaftbriAp C!r 1101 Dartmoor Dr.
1frt Bolick CA 926" MmUnstm black CA 92646
Ail_ ,. w .yeniitr,''•ri L'Ii.Y.__ ._. _ __
C
�µ
a
Rdward L Bradley
8102 Dartmoor Der
Hunt beach CA 02646
Hourf Hkoeve
2112 Dwrtmeer ter
% boah CA 42646
w.•
F
0122 krtroox Dr
t mach CA 92646
Frederick C Levis
612I Dartmoor Dr
Hunt bract CA 92646
ftillip L Erickson
2142 Dartmoor Dr
at Usch CA 92646
Carl R Steverson of al
P.O. box 33S
t Beach CA 92648 �i��1�v� ;� l� 7J
r
h '
�J,
�, phJt 21, 1973
tia ca r4stok
M 40
M TXC19 Or PMIC lawn �•
WRICS x$ li MY GIVU that a publle.% Marit& will be Wd by the
city Cc—'. .a I of the City of Mmtinxton Beach$ In the Cowell �
Clember of the Civic Centers Baatingto4 Beater, at the hour of 1
1, �• +a r or as soon tlwroaff:or &a possfrbleo on No "„ ;_�...�.;....
r
the da). of jul ' ... )-973 , For Rthe purpose of
4 aftsideYimS au appeal to the denim'. by the Cleo, Planring (,Lvwisr .�.on to permit
the oreetion of an office traitor to b, ueed for busint !as offices f4: r. Heecl;
City Swiming 1'.ol1q . The uub jet.` property ;a loew-ed east of Beach 1 ` vd. ,
xF?roxia w.ely 660 feet south of Czarfiele- Aven;.te in �:4 Hi,;hwgy C.Ot,tt,-, c, al
District , A legal deer_r.ipti�yn iu or til,� in the Dlannin; Detpnrt-irm--n,. #)filce..
I
u
i
All interacted persona are Invited to attend Said hearing sad
'4
pms Chair opinions for or against said ,appear
r Informtton ■wy be obtained from the Office of th* W ter
DAM: J=0 1.8, i973 CITY OF RMILF N 5MM
ny ' Alicia M. Wentworth
Ci ty Clerk
MOM ^"1
j Airmavit of Pla-4cation
pia a —
City of Idt"Huton both � ' ' ' • ••.2 u Y CITY c:�,
Coarp r"uhar, Wftg duly sworn on oath, says: Ttte t he is a
ntyene years.
lUt be Is t1w Pinter aid publbher of the d1tIzw of ibe Wilted States, over trw age of �Huntington Beach .. ......,.� Igo.
Now%, a< weekly ae npaper of general rirculation printed and pub- V,
VWW in Huntit>sw Beach, C 11fornia and circulated In the said ' *�`-'- ..►t: :
County of Orange &W eInwhe:a andpublished for the dissemination ci; URX "
of kWA1 sued other awin of s general chAracter, and has d bona tide
nubscril►6m 1W of prying subscribers, end said paper has been .
wubUdwd, printed teed published in the State of CaLfprnia., and '
County of OnLnge, for at Imt gone year next before the publication
of the first Wwrtion of this node@; and the said newspaper is not
devotad to the interest of, or published for the entertainment of any
particular Claw, profeaAan, trade, callinit, race or denorr'nation, or
any tiumber t.lwreof.
r They Hunbacton Beier-:, New was ad3udicatea a legal newspaper
of general circulation tsar Judge G. K. Scavel in the Superior Court
of Orange City. CaRlifornia August Wtb, 'lp3T ty order No. A-5931.
That ttse WINE _QF_?TJBL1LFEARINO
o whif cb the annexed is a printed c-jpy, was published in said news-
paper at lftz-; o n , g. _
] ,tt
f ooanmtr,clo Irwn the ._._..�_ day o }
Y
isZ2,..,_, aad ending ar► the -.7.th. dray of �X
n2l,..,, bath da" inclu:rive, and as often during Wd per od and
times of pubUcation are said paper was regularly issued, anJ In the a`
regular oral entire imue of xaM pewsraper Proper, and not In a
supplement, and %&id nonce was published therein on the following
dates, to-wit:
i�',M4l�t i
P , 11rher
Subscribed and swum to before me this 12 day of
May-
' Notary Public
rCITILOge COUnty CAlifOMIa
NW&r►r Irh61k4% fwn,*
Orola CewM"Oluke t*slree T �
t epismAe l 12. 1974
r '
n
` .� ^..
•. ;,e'er!
011fiNgtoN Beach PIANNiNg COMMIseiON
1�.�. •OX 1!0 CALIFORNIA902M
TOt Honorable ftyar and City Council
FROM: Flaming Commission
r' OASs MAy 21 , 1973
E s 14* NOIT OVAL EXCEPTION No. 7 3-C 1 _ APPEAL
- VISION OF LAND NO. 73-09 ..-----
: ue ti Conditional Exception No . 73-01 and pwision
=t of Land No. 73-09 propose to create two parcels
47 f t . x 117.5 f t . from three 25 ft. lots , plus
`f 19 ft . from a fourth lot. The property is zoned i
R2 Medium Density Residential. District .
Location: East side of 12th St . , Applicant: D.C. Williams
approximately 1 S U f t , 411 Maixl St.
south of Palm Ave . hunt)ngton Boach,
California
Planning ,Commission Action: Denial - for the reasron that
no hardship was
found
Vote : Ayes : Geiger , Bazi.'l , Kerins , 'Wallin, Boyle
Noes : None
Absent : Porter, Higgins
Additional Information: Mr. . B. C. Williams , applicant,
addressed the Comissi.on speaking in favor of the proposal .
Mr. Willtaox stated that the division of sand was necessary
to adjust the lot lines because of an illegal lot split
ubich had taken plane eosee t1r y in the past.
�, .. It was the staff' s opinion that approval of the request ;
*wild result in a better d,evAlopment.
f
f
s
'�.. . �f►'Rff�}��,,t,?.,i1r e•u r,�'9kTr'4ii!^- . ., f 1e�lYi' X.�,!' .. �_„�. .- ..,v.l_.d•.
r r
jJ ��IJv i
FFT
mom
Conditional Exception No. 73-01 M&y 210 1973
Division of Land No. 73-09 Page 2
F Deputy City Attorney John D'Conner slated that; the topo-
graphy, size and shape of property may be considered in
establr.shing hardship; however, a financial hardship alone
is not sufficient reason for approval .
A motion was made by Commissioner Geiger to approve the
Conditional Exception and Division of Land, a hardship
having been demonstrated by the size and sihape of the
parcels; however, the motion failed for lack of a second .
Supporting, Information Submitted Herewith:
1 . Staff Report
2 . Area Map
3. Cop;► of Appeal
Information to be submitted at the public. H�a:
1. Staff Comments
2. Vu-graphs
Respectfuily submitted,
a' K.A* Reynold , Secretary
MR:jh
p.
/
14.
JJ
1'
un•
I r
B• Go Williams �
411 Main Street B �
Huntington Beach, Ca. 92645 � �_A�'��
May lot 1973
ua
City Council
Cit or Huntington Reach
CIV Center
HuntIngton Beach, Co. 92648
Doc r Gour►cU Members
I wish to appeal the decision of the planning
commission made at their May lot 1973 meeting
a• it perfains to the denial of Conditi,na►t Ex-
ception Noe, 73-01 and Division of Land No , 73-09.
The undersigned applicant proposed to adjust the
lot lines to create two 47 ' loth instead of three
231 and one 19 ' lot as now constituted , This
t would allow two duplex buildings ( 4 un i tF ) Jin-
a stead of One 5 unit building, Development of
y th.ie type is more in keeping with th(. neighbor-
hood as developed than a five unit apartment
building,
i feel this is a very minor adjustment of ► ot
size, Only 3 feet„ and should not have been de-
nied by the planning; commission and request that
the City Councll act favorably on this appeal .
Sincerely.
Ge, Williams
X,
E }l R
....:......
� � �'' 'mil . • ,�`
f ..
Ile
Af
or
LO
Ar
i
- _
�► - saw
41
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w.
1,
a
1
t •
t,
� ■r,�r■�IwFll� ■ �..w�-�"a awe a
1
1p
...........
ONO
Lot L loa
�tV�}•fir,i�
,
Lo lb
n ,
Sys• ��I:�M �
nowt. lb*+Warn*md MAR 0 197,E a
401 IM *90 47 `firPumlft
' i
iM
we NEW
1 i
Publish sli�►1Y�
Fisk tie aak
Wrics OF PUBLIC HWINC
r;
to
Q�afftia ► e
� ► isl i,, f lAmd 7t
WrICf IN HRUBY GIVEN that a public hearing will be held by the �
City Counctl of the City► Of HuntinSton Daub, in the Council
GhmA m of the t lvte Cent*r ,, MtentinMton beach, at the four of
. ., P.M. , or as soon thereafter as pour Me, on
r
the ..,r„.., �.. day of .....� 19 73 , for the purpose of
considering an appwal to due denial by the Remain CommUsift of
Coadtimml sptioo lb o 73al sod Division of Land 73loO to smatrs
two renm a 47 immt her 117.3 feet fro I = 25 foot lots plus .l! !'
fxm e ftuM lot in tM 12 Ha dime Uar m ity bo ldmmtLa l D►io trlet e
The subject pxnpwty is 1004ted on the east side of l f th Gtreat o
y Im facet Douth of Pals aA a mad IWIly daraa��l�d
so Lots #160 U and fo Mook 611 ad the aoutb It Almot e! Lot ftl of
8100 Me A l 4mmiptUm it as RLL* is tM City pImmdft
A, All ices ted per �
race invited to attend oaeid hearing gad
&ftl a CK 73�ol &
ft*vwa thoir opiaLmo for or r4alvot, •aid
a �s lerfaM ears soy be obtaimed frm the Office of the City
I
f
12 CITY OF- MMIW= NMICM
BY: Alicia M. Wentwrth
City Clark
•',4:L;i�iL�Ii�. ',si.L.,..:."Yi ..x;';.'..� s' •a,,,eir�:' w. .._ .y -- -- - -
J y
rVy dews A
�a
t
n"o
1 B. G, Williams
3 411 Mein. Street B
Huntington faach, Ca. 92648
May 101 1973
U
City Council
: City of Muntington Uach
Ovia Center
Xm1kington Beach, Ca. 92648
Dear Consul Members i
I wish to appeal the d2cision o f the planning
commission made at theirs May lot 1973 meeting
an It pertains to the denial of Cond:i.ti.ns.l Ex-
ception Tfa* ?3 -C1 and Divisiari of Land No . 73- 09.
The undo reigned applicant proposed to adjust the
lot lines U create two 471 lots instead of three
251 amd one 19 ' lot as now constituted. This
would allow tro duplex buildings (4 units) in-
stead of one 5 unit building. Development of
this type is more in keeping with the neighbor-
hood as developed than a five unit apartment
building,
I feel this is a very miner adjustment of lot
also, only 3 feet, and should not have been de-
nied by the planning commission and request that
the City Council act favorably on this appeal.
Sincerely,
w G. Williams
1�1-X1)
JI�i7N�sie: �.�Ii�Yt�°.w'tii�'4!,1k M�at.,'Y j✓r ' , r_.. r'.V i .
1
$ 73-1
z,l DY 73-9
Kenneth M Ni tskowshi Ralph yiorge Moore
1110 Palm Ave . Ili 12th st.
lat'W "A" Hunt . Reach , CA 92646 Hunt Roach CA 92646
+a 16s Ae a4X o CA
a,
man
I•
* Inc .lames B Wotters Robert A Ai,gus t
$ hire Blvd 707 12th St, 605 12th St.
Ai��0* o CA 90010 Hunt Beach CA 92646 Bunt Borth. CA 92646
Lester T Armstrong Charles B. Mailer
:"Oftse Courtly blood Dist. 1204 PA1% Ave 609 12th St.
'040 box 1076 Bunt Beach , CA 92646 Hunt Beach, CA 92646
&alga Awag Calif. OZ702
tnte tlirro Of s Raymonds L Kibe1
4a box 2304 Tore Annex. Edward R. Stang 619 ?2th ,St.
! Angolest CA 94052 716 13th St . Bunt Beach CA 92646
Hunt Beach C 92646
(Staff ABst. - ,Design B)
Alex P Parquet Don A. Bartlett
Ifpp 17th St. 712 13th St . 621 12th St.
timpon Roach, CA 92646 f{unt Beach CA 92646 Hunt beech CA 92646
Attu; Dist. Supt.
Elsie M Hatelaan
Blom School Dist. 622 13 th St . Lee C Rarick
IS Ve dor Ave. flunt Beach , rA 92646 1320 Warren St .
�ins san beach, CA 92646 Placentia CA 92679
l oist. Supt.
Elbert E Fairbanks Bernice Cardwoll
A Ntlin united C91 . Bank 1107 Main St .
l� fit.
T'R 004- 32 -00348-00 Hunt Beach CA 92646
IMeh CA 92646 P .O. box 3667
Lie Angeles , CA 900..4
P,bw G$C rge P N007-igidn Daniel P Mcbride
4511 W 120th St Apt A 626 lath St.
CA 02646 11awthorne CA 902SO Huht beach CA 92046
Aff its of Lj�►nndon A Wells Jr a
# 610 13th St Chriatias Hannig
r irkausr• Hunt Beach , CA 92646 624 11 th St .
Bent Beach CA 92646
. 02646� CA
Nuth A boron Charles 0 Vabo r
' 1 Wk of Anotiesn CNSVB 16 Gsth Pi
Trust Dept/ Long Beach CA 0040S ;
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1hoSB Yoe Talbert et a i
t walkew N Los Morris
s Utt
14 S *yer P1 P .O. Boa 216 710 12th
phi mesa, CA '92627 Hunt Beach CA 92644 St.
Hunt 8aach , CA 9x646
Arne W Jensen Rana A Pasqualt
60
math Bt 5272th St . 712 22th St
11R,11rt beach. CA 91648 Hunt Beach , CA 92646 Hunt Beach CA 92646
Gerald W Nicholas
479 Yalnut P1 Michael P Daivis
filer Coa�fF A�lesa , GA 9�2627 1102 Pt1e Ave
t4! Asia CA 9270,r* stunt Beach , CA 92646
4ard S Bannister Levi M Johnson Clifford E. Jeffxies
e Linsley 526 12 th 5L TO 7 i 11,.ke St. Hunt Beach , CA 92646 h St.
Huntington Beach , CA
each CA 92646 9260
i
i thodist Church of Douglas W Firth
apt Beach S24 .t2th tit John J . Jalon
17th at. Ifunt He;ach , CA 9260 7Ub 11ta: 5t.
Bosch, CA 9264w flung Beach , CA 92546
1 D. Surnuaa Clyde C . Durham '
1/2 11th St. Shirley M Rogers 702 t Beach, CA 92646 11.07 Acacia Ave , Hunt 1Beach tCA 92646
Hunt beach , CA 9264(1
� �1 1MekMkl�Me H i rd#,i SSt�lltte 11
11th St. Patrick (� unwner et al 620 11th St ,
$each CA 29646 18372 Deaaware St . Hunt beach , CA 92646
Bunt Beach CA 9264b
Security Pirst Nat1 Bank Cessna P wood (Val Callianue
T04 ftM 008s6-00103-0 1114 Palm Ave
F .�Ox 2296 `era Annex Vent Peach CA 92646 b 11 oath St .
GIs Asselee CA 90CS4 Hunt Ba►ach , CA 91646
t'ti h Llobta*r Nancy Alfano Joseph F Johnson
9%2 Silver Strand tor. 711 itth St. ;23 10th St .
Mmt Desch CA 93646 !Hunt Beath , CA 92648
Aunt Beach CA 92646
Stephanie Gardiner
seer o j Jason 1109 Palm Ave 'ferry L Nlorthylake
6t La Suhida t}r# tfunt &each . CA 92686
oldeda fti tro CA 91743 6AA loth St .
:i;tryt Beach CA 92646
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`` '�� �p�eei�te the �'l�►tei� Ces�►i�rsieM des�ie ee�ad�t�,e�►1 •zoeptii�s.
U Ols *"a we prefer a duplez an eseh of two 7-feet lets over 5 waits
00
o dulSezes wo%IA better retain the residential atmosphere of the
selObtz d4 j, &ad wft1d aloe lower denaltr.
-' as&* rotor CS 73,P-1 and VV 73-9 to the pl�isg Comssoles for
# elvate a resideptl&2 loot. Whose conditions might be
of W#O. � t, building elevation eta. �
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