HomeMy WebLinkAboutUse Permit 81-40 - M.E. Biddle - To permit the storage and w FQen
CITY OF HI� NT'INGTON BEACH
Fe, M;SIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
July 1 1982
M. E. Biddle
P. U. Box 1343
Huntington 8eacho CA. 92647
The City Council of the City of Huntington Beach at an adjourned regular
meeting held Monday, June 28, 1982, granted with conditions the appeal filed
by Councilman Thomas to the SoArd of Zoning Adjustments denial of Use Permit
#81-40.
Please contact the Depa► gent of Development Services for further information
on this mAtter.
i
Alicia M. Wentworth
City Clerk
AMi:CB:bt
CC: Jim Pal i n. Director of Devel oplrent Services
14
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UP 81-40 APPEAL
May 3, 1982
Page 2
2. The granting of a use permit would adversely affect the General
Plan of. the City or Huntington Beach by permitting the manufac-
turing of fertilizer in an area of the Citx designated as estate
residential in the General Plan.
3 . The proposal is not consistent with the City 's General Plan of
Land Use which designates the land use as estate residential .
AYES: Webb, Vogelsang, Smith, Crosby
NOES: Kelly
ABSTAIN: None
The applicant was advised of his rights to appeal the Board ' s de-
cision within ten days in writing to the Secretary of the Planning
Commission.
In its discussion, the Board stated that the applicant had located
and occupies a mobile trailer for use as an office, for which be has
no permi}. The Ordinance Code does allow a temporary trailer to be
used for a six-month period at a construction site, provided that a
permit is issued . It was further stated by the Board that Mr . Biddle' s
use is not allowable in the RA zone , and that the code specifically
calls out the applicant ' s use in the M2 zone as long as it, is not
located within 2, 000 feet of a " re:sidential agricultural " district
subject to a use perm,.t .
PLANNING COMMISSION j�CTIOt' ON APRIL 6, 1982 :
ON MOTION BY SCHUMACHER AND SECOND BY HIGGTNS 'THE BZA D'.r-"N:AL OF USE
PERMIT NO. 81-40 WAS UPHELD WITH THE FOLLOWING FINDINGS, BY THE
FOLLOWING VOTE:
FINDINGS FOR DENIAL:
1. Not an allowed use in a RA zone. Use is appropriate in M2
(Heavy industrial) zone subject to the granting of a use permit.
2, The granting of a use permit would adversely affect 6-he General
Plan of the City of Huntington Beach by permitting the manufac-
turing of fertilizer in an area of the City designated as estate
residential in the General Plan.
3. The proposal is not consistent with the City' s General Plan of
land use which designates the land use as estate residential.
AYES: Higgins, Livengood, Winchell, Porter, Schumacher
NOES: Mabaffey
XESENT: Paone
ABSTAIN: None
The Commission sustained the Board of Zoning Adjustments ' denial.
UP 81-40 - Appeal
May 3 , 1982
Pace 3
DISCUSSION:
Hi.story.: Mr. Biddie ' s fertilizez business firs-: came to the staff ' s
attention to October 1979, when it was discovered that he had
established a commercial operation within the M1-0 zone south of Ellis
Avenue east of Goldenwest Street without obtaining the proper entitle-
ment. At that time, a staff person from the Land Use section contacted
Mr . Biddle (the applicant) and informed trim that he was conducting a
business illegally and violating certain provisions of the Huntington
Beach Municipal Code 'ay placing a trailer/office, fence, and signs in
and around the property .
On January 11 , 198G, the Land Use section submitted a Request for
Prosecution to the City Attorney - s office naming Mr . Marvin Biddle
as having violated S . 9530 . 2 of the Huntington Beach Ordinance Code.
On January 16 , 1980, a IJotice of Violation was mailed to Mr. Biddle
by the Deputy City Attorney. Said notice set a time and date for
Mr . Biddle to meet with the Deputy City Attorney in an attempt to re-
solve the issue without having to file a criminal complaint.
As a result of the above-mentioned meeting , an agreement was reached
between the City Attorney ' s office and Mr . Biddle whereby it was
agreed that he (Biddle) would remove, within 60 days , the mobile home/
trailer and would move no additional fertilizer onto the property.
During the ..first week of September 1980, it was discovered that Mr.
Biddle hod re-established his use in another location (6842 Ellis Avenue) .
A field investigation conducted on September. 9, 1980 noted numerous
violations which included not only a use being established without en-
titlement but fences and signs having been erected without permits.
On Septenber 10, 1980 a criminal complaint was filed with the West
Orange County Municipal Court by the City Attorney' s office for viola-
tion of S . 9601 . 4 , Failure to Obtain Proper Entitlement for Use .
On September 24 , 1980 Mr. Biddle filed a use permit application to be
heard before the Board of toning Adjustments requesting the establish-
ment of "storage and wholesale sales of organic materials. " That appli-
cation was rejected by the Secretary of the Board of Zoning Adjustments
on October 60 1980, as being a disallowed use within the RA-0-CD zone.
0xi Novamber 17, 1980 Mr. Biddle entered a not guilty plea before Judge
Smith and a jury trial was set for December 11, 1980 .
On January 22, 1981 the court dismissed charges against Mr. Biddle "in
the interest of justice" and warned him (Biddle) that the c^se might
be re-filed if efforts are not made to obtain proper permits .
An inspection conducted July 20, 1981 revealed that Mr. Biddle had not
only continued to operate his fertilizer business but had expanded
with the addition of more equipment, new fencing, and offaite signs.
UP 81-40 - Appeal
i
May 3, 1982
Page 4
Based on the fact that Mr . Biddle had net followed the court' s order
by obtaining required permits , a request for pros ecu:.inn was filed
with the City Attorney ' s office on July 21 , 1981 citing .3. 9601 (Viola-
tion of Uses Permitted Within the RA Zone ) and S . 9760 . 29 (Prohibition
of Portable Signs ) , Huntington Beach Ordinance Cole .
On November 5, 1981 Mr . Biddle submitted an application (Use Permit
No. 81-40) requesting a permit to establish a "storage and wholesale
wales of organic materials to landscaping contractors . " After a field
inspection by F.taff and discussions with Mr . Bidr'lle , it was determined
by staff that Mr. . Biddle was also manufacturing fertilizer and selling
it retail as well as storing it acid se.12inci it: wholesale.
At the February 17 , 1982 Board of Zoning Adjustments meeting the Board
denied the subject application .
ALTERNATIVE ACTION :
The City Council may approve Use Permit No. 81-40 with conditions .
ENVIRONMENTAL STATUS:
Pursuant to Section 15101 of the Califo-,:nia Environmental. Quality Act,
this request is categorically exempt and therefore there is no require-
r,:ant for an environmental assessment of this project.
FUNDING SOURCE :
Not applicable .
SUPPORTING INFORMATION:
1 . Letter of Appec;1 dated April 15 , 1982
2. Minutes of Board of Zoning Adjustments dated February 17 , 1982
3 . Minutes of Planning Commission dated April 6 , 1982
4 . Staff Report dated April 61 1982
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April. 15 , 1982 x�
TO: City Clerk
FROM: John Thomas , Councilman r�
SUBJECT: Appeal :.o Planning Commission ' s denial of
Use. Permit 81.-40 , a request to permit storage
and wholesale sales of organic materials south
of Ellis , 600 ft . west of Goldenwest
I hereby appeal the denial of Planning Commission at its
Apr-_- 6th , 1.982 meeting , of Use Permit 81-40 , a request of
N. E. Biddle to permit storage and wholesale sales of organic
materials south of Ellis 600 ' west of Coldenwest.
John Thomas
"Councilman
TKLKPNONt(7141 136.9013 a
MINU':ES
HUNTINGTON BEACH f:OARD OF 20NI13G ADJUSTI. IE"N'TS !�
Room F-- 8 , Civic Center
2000 Main Street
Huntington Beach , California
WEDNESDAY , FEBRUARi' 17 , 1982 - 1 : 15 P. M.
BOARD MEMBERS ! Webb, Vogelsang , Crosby , SmiLh , belly
STAFF PRESENT: Cooper
MINUTES : 04": 1-10TION BY SM4111 ?.I.D SECOND FiY WEBB, •
THE UTES OF THE REGULAR I-LEET1,NG OF
FFBRUARY 3 , 1992' WEIRS APPROVED AS TRANS-
CRIBED BY ,SHE F OLLOI-,ING VOTE :
AYES : Webb,-,' Vo f1elsang , Crosby, Smith , Kelly
NOES : motto n e
ABSTAIN : r' None
ABSENT: �''f ;None
Pro c re of. the Board -:f Zoni.nc; Adjustments was outlined to
�PP tlicants by Chairi7;in Kelly .
REGULAR AGENDA ITEMS :
USE PI~1' IT NO. 81-40 (Continued from 2,/3/82 )
Applicant; I.I. E. Biddle
To permit storage and wholesale sales of organic materials to
landscapers, contractors , etc . located at 6842 Ellis Avenue ,
zoned RA-0-CD.
Chairman Kelly informed the Board that this request is a
Categorical Exemption, Class . 1 , California Environmental Quality
Act, 1970 .
Acting Secretary Webb outlined request and suimmarized proposal
stating that a revised plan was submitted on February 1.6 ,. 10182
reflecting a circulation plan which was previously requested by
the Fire Department and also indicates an area for parking showing
the number of parking spaces provided as per staffs request .
Chairman Kelly opened the public: hearing with Ronald Mont-
gomery, A . I . A. , F�resent representing Mr. Biddle 's interest in
Use Permit No. 81-40 .
"`�•,�,
Minutes: li . B. Hoard of Toning Adjustments
February 17 , 1982
page ►,'fro
Mr . Montgomery submitted to the Board a letter of authorization
from Mr . Siddle to represent him and stated as r.he re.vi.sed plan
was submitted , he has no further conmient.
' There being no one else present to spc�ak for a. ao-ainp:t this
proposal , the public hearing was closed .
Board discussion ensued . It wa_o stated by the Board that Mr .
Biddle has located and occupies a mobile: trailer for use as
an office for which lire has no permit . 'rlie code clots allow
a trailer to be used, for a six ( G ) month period at a con:;; tr uc t ion
site provided that a permit has been issued . Ile also has illel al
off-site sion_ for which no permits have b on issued. It s
further stated by the Board, that staffs interpretation of the
code is that Mr . Riddle ' s use is not an allowable use in a
fRA ::one and that the code specifically calls out his usiz! in
a M2 zone as long as the use is not less than 2 , 000 feet From
the nearest "RA" district; subioct to a conditional use permit .
ON MOTION BY WEBB AND SECOND i3Y SMUTll , USE PEPJ41T '610. 81-40
WAS DENIED :OR THE FOLLOWING REASONS , BY VOTES AS F0LI.0'vJS:
REASONS FOR DEN I,,L:
Use Permit 11:o . 81-40 was denied b1, the Board of Zoning Adjustments
based upon the following reasons :
1 . 14ot an allowable use in a RF. .one . Use is appropriate
in a 142 zone subject to granting o:: a conditional use
permit .
2 . The granting of a use permit would adiversely of ect
the General Plan of the City of Hunting ton Beach try
permitting the manufacturing of fert�ili ,or in an area
of the City designated as estate residential in f he
General Flan .
3 . The proposal is not consistent with the City ' s 'General
Plan of Land Use which designates the land ;use as estate
residential .
AYES : ! ebb, Vogcl.sanU , Smith, Crosby
NOES : Kelly
ABSTAIN: None
The applicant was advised of his rights to appeal the hoard ' s
decision within ten days in writing to the Secretary of -he
Planning ' Commission.
-2- BZA z/17/82
f
117
REQUESTOOR CITY COUNCIL. ODTION
Date June 21 , 1962
Submitted to: honorable Mayor and City council � C
Submitted by: Charles W. Thompson , City Administratnr
Prepared by: James 11. Palin, Director, Development Services
0
Subject: USE PERMIT 81-40 (APPEAL) ADDITIONAL INFOJU-IATION
State nt qf Issue. Resommen ation, Anaf .ft Funding Sours Mternativ Actions, Attachrnents:
At its May 17 , 1982 meeting , the City Council directed staff to prepare
conditions or approval for. Use Permit No . 81-40, an appeal of the Board
of Zoning Adjustments ' denial to permit "storage. and wholesale sales of
orezanic materials" . The City Council may aFprove the subject use permit
"provided that the establishment, maintenance, or operation of the use
or building applied for will not be detrimental to :
S. 9811. 2 . 1 The general welfare of persons residing or working
in the vicinity.
S . 9811 . 2 . 2 Injurious to property and improveme?.tts in the vicin-
ity of: such use or building.
S. 9811 . 2 . 3 That the grantinU of the use pernit will not: adverse-
ly affect the General I'lan of the City of Huntington
Beach" .
If the above findings are made by the City Council , staff recommends
the Eollowing conditions of. approval :
GENERAL CONDITIONS :
1. An annual review by the Planning Commission for the purpose of re-
viewing compliance with conditions and to establish an amortization
peri.ad if adjacent properties or propertie:. within 100 feet are
being developed or have can entitlement for residential use.
2. The applicant shall submit a revised site plan which reflects the
parking layout, circulation for access, and the required 6 percent:
landscaping .
3. The site shall remain enclosed with a six ( 6 ) foot: high fence.
4'. Stacking of compost, sand, or other materials shall not eNceed
six (6) feet in height .
S. .All offsite signs shall be r. nmoved .
6• All signs shall comply with t.hP Drnv?gi.nns set forth in Article 976,
sign code. ,dam'
Use Permit 81-40 (Appeal )
,
June 21 1982
n
Page 2
7 . All required permits ( fencing , grading , signs) shall be obtained.
q P � 9 � 9 �3r 9
8 . Runoff drainage shall be graded as not to contaminate natural
water courses.
Access to the subject site shall only be from legal , recorded
easements which the applicant has a legal title to.
10 . Periodic inspections shall be conducted by City staff in order to
in3ure water and air qua:.ity. Any potential violations shall be
reported to the appropriate agency.
11 . Animal parts shall not be used in any of the products manufactured
and/or sold.
RECOMMENDATION:
It the City Council overturns the Bcard of Zoning Adjustments ' denial
of Use Permit No. 81-40 , the staff recommends that the Council direct
staff to prepare a code amendment which would allow for temporary uses
in the Residential-Agricultural District subject to the -ranting of a
conditional use permit.
9
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CITY OF HUMMINGTQN BEACH
1' P 0. BOX 190 DEPARTMENT OF DEVELOPMENT SERVICES CALIFORNIA 92648
JILDINO DIVISION 1714)5W4241 PLANNING DIVISION(7141 535-&T71
May 17, 1982
SUBMITTED TO: Honnrable Mayor and City Council ,, ,
SUBMITTED BY: (.narles W. Thompson, City Administrato P.
PREPARED BY: James W. Palin, Director, Development Services �•w •
SUBJECT: USE PERMIT NO. 81-40 (APPEAL)
At the May 3, 1982 City Council meeting , the Council requested ad-
ditional informs .ion :Lgarding Use Permit No. 81 -40, an appeal of
the Board of Zoning Adjustments ' denial to permit "storage and
wholesale sales of organic materials" . Attached are the communi-
cations from the City Attorney' s office to the Department of Develop-
ment Services which relate to the subject operation. Also attached
are the concerns and findings of the California Regional Water
Quality Control Board which pertain to the (manufacture of fertili-
zer at the applicant ' s site .
There was also a question as to whether or not Mr . Biddle was manu-
facturing fertilizer. An on-site inspection by staff and discussions
with the applicant indicates that the applicant is indeed manuf«c-
turing fertilizer . He brings in the animal feces and mixes it with �
various other components . It is then put through a composting pro-
cess, which is a decaying process . The end product of these processes
is fertilizer.
As ment-'.oned in the staff report dated April 6, 1982, Mr . Biddle
directs potential customers tri his business through the use of off-
site signs (which are prohib;ted by code) located on Goldenwest
Street and Ellis Avenue. Tine applicant ' s business is over 600 feet
from both Ellis Avenue and Goldenwest Street . There is some ques-
tion as to whether or not the applicant has an easement from Ellis
Avenue and there appears to be ao easement from Goldenwest Street,
yet he has his off--site signs posted at unimproved dirt roads leading
from both Ellis Avenue and Goldenwest. Street to his business.
The City Council requested information from staff on how the applicant
could legally have a temporary, use. Section 9331 . 1 of the Ordinance
Code allows for temporary uses upon property which is located within
an area of the City that is transitionally zoned RA "Residential
Agriculture". This section would have to be modified in order for
the applicant to meet the provisions. Currently, the section reads
as follows:
9331 . 1, Tens2grary Uses Subiect &o S Condi,U2.0.4 Use Permit.
Temporary uses may be established upon property which is located
within an area of the City that is transitionally zoned RA, (` ,
�.l
y
UP 81-40 (Appeal)
May 17, 1982
Page 2
"Residential Agriculture" . The use so established shall be one
which is similar in nature 'Co the ,irevailing surro iding uses
within the general area. A conditional use permit may be granted
for such temporary use providcd:
(a) Approval shall not be granted for a length of time to exceed
five (5) years .
(b) Parking, access, setbacks, and landscaping and all other
provisions of Division 9 shall be complied with as if such
use 4ere permitted within a specific zoning district in which
it would be an allowable use .
(c) such temporary use shall be the result of a use that has
been displaced from its location by action of a governmental
agency through direct acquisition of the existing parcel
upon which the use was located.
(d) The Planning Commission reserves the right to rescind this
conditional use permit approval in the event of any viola-
tion of the applicable zoning laws. Any such decision shall
be preceded by a notice to the applicant, a public Bearing,
and shall be based upon specific findings.
Sections "B" and "C" of the above code section, would have to be
modified through a code amendment prior to any action on a conditional
use permit if Mr. 3iddle is permitted to manufacture fertilizer on
a temporary basis.
ATTA.G._ ENT$: J
1 . Request for Council Action and attachments dated May 3, 1982 .
2 . Communication from California Regional Water Quality Control
Board dated October 1, 1981 .
3 . Monitoring Report from California Regional Water Quality Control
Board dated November 18, 1981 .
4 , Notice of Violation dated January 16, 1980
5 . Letter to applicant from the City Attorney dated September 10, 1980,
6 . Inter-department communication from City Attorney to Director of
Development Services dated January 14, 1981.
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Z,'TNY b HATHAWAY
ATTCFV14CYS AT LAW
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May 14 , 1982
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Honorable Mayor and City Council
of the City of Huntington Beach
RE : Use Permit No . 81 -40 (Apl,Pal )
Applicant : M . E . BIDDLE
Gentlemen :
The applicant ' s operation is located on oil lease property behind
the horse stables located on Ellis Avenue near Golden west . The
applicant picks up the horse manure from the stables and mixes
it with wood chips , shavings , sawdust and dirt and sells the
material to landscapers , nurseries , etc . The stables use wood
shavings and sawdust in their corrals which mixes with the
manure prior to its being picked up by applicant .
At the City Council meetirig of May 3 , 1982 , tor . James Harlin ,
Director of DevelopmE!nt Services , stated that the staff K.id no
objections to Mr . Biddle ' s operation and agreed with the members
of the general public who appeared that the operation was a
useful one ; however , he stated the manufacturing of fertilizer
was appropriate in a M2 zone subject to granting 6f a conditional
use permit and was not an allowable use in an RA zone .
The applicant submits that he is not manufacturing fertilizer .
Section 14516 of the California Agriculture Code defines fertilizer
as follows :
"Commercial fertilizer" means any substance . which
contains 5 percent or more of nitrogen (H ) , available
phosporic acid ( P205) or soluble potash ( K20 ) singly or
collectively , which is distributed in this state for
promoting or stimulating plant growth . It shall not
manures . "include untreated animal or vegetablE
I
Ho7torable Mayor and City Council
of the City of Huntington Beach
May 14 , 1982
Page Two
Section 14535 of ,the same Code defines untreated manure as follows :
." " Untreated manure" means any substances composed primarily
of animal excrement , plant remains , or mixtures of such
substances which have not been treated by adding chemicals
or other substances , and for which no querdntee for plant
t?utrients is made . "
Mr . Biddle deals in soil amendments that promote plant growth by
conditioning soil solely through physical means and does not deal
in fertilizer .
Blacks Law Dictionary ( 5th Edition } at Page 869 , defines manufacture
as follows :
" From Latin words manes and factura , literally , put
together by hand . Now it means the process of makirg
products by hand or machinery . United States . v .
Anderson , D. C. Cal . 45 F . Stipp . 943 , 946 . Meaning of
word "manufacture , " which' is defined as the making of
goods or wares by manual labgr or by machinery , especially
'on .a large scale , has expanded as workmanship and art have
advanced , . so that now nearly all artificial products of
human industry ,. nearly all such materials as have acquired
changed conditions or new and specific combinations , whether
from the direct action ofthe human hand , from chemical
processes devised and directed by human skill , or by the
e:Yiployment of machinery , are commonly designated as
"manufactured ." "
Legally, Mr . _Biddle does not deal in fertilizer , nor is he ( by
definition ) a manu`acturer. . If the Council were to accept the taff 's
"def"of ti on of "manufacturing fertilizer" then every homeowner ' w'ho hats
a .' c-ampost pile or mixes soil amendments such as peat moss, leaf mold ,
manure , wood products , etc . into his soil is "manufacturing fertilizer
-the -5tdrage s 1 turai sii i amendments a permVtt*dBut 9`5. ;
use. i n an RA-0-CU . zone?
Section 960iV4 of -the Ordinance Code states as follows:
"us 5 SU .T' TO USE PERMIT : The fallowing user, may 6e
t .
_perm ttt subject. to a,, use .permit a pp i cn ti on befdre� :the
.,
f
t 1oerd, of Zorii'h9 Adjustments
Honorable Mayor and City Council
of the City of Huntington Beach
May 14 , 1982
Page Three
( a ) Agricultural uses where animal feces is used In '- ulk
quantities and where packaging of grown products C. n ; titutes
25 percent or more of the agricultural activities . This
does not include field crops . "
Inasmuch as wood products ( shavings , chips and sawdust ) comprise more
than 25 percent of the soil amendments that Mr. Biddle is selling ,
it would appea., that the RA zone permits this type of operation
subject to use permit .
The Huntington Beach City Attorney agrees with this contention as
stated in her inner department communication to thQ Director of
Development Services dated January '14 , 1981 : "Huntington Beach
Ordinance Code Section 9601 . 4 specifically addresses the very
type of activity in which Mr . Biddle is engaged , and that sdrne
may be performed in an RA zone upon acquiring the C . U . P . " .
As to the other questions raised by the staff, the fence around the
property was constructed by Mr . Biddle ' s lessor and was on the
property when he moved there . Also the property owners have a 20
foot easement from the property to Ellis Avenue , while the road from
Golden west is open to the public . Mr. Biddle will have to remove
the signs and comply with the Code for the erection of any new
signs .
.�
Respectfully submit-led ,
ubmifi ed , 1
ZITNY & HATHAWAY
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cc James W. Failin , Director , Development Services
Gail Hutton , City Attorney
REQUEST POR CITY COUNCIL TION
Date May 3, 1982
Submitted to: Honorable Mayor and City Council.
Submitted by:
Chdrles W. Thompson, City Administrate ��I 1
James W. 1 Director, 1� red by:
Ja s Pa in, i_e r, Development Services
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Subject: USE PERMIT NO. 81-4 0 APPEAL&�7 6041 ;6
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Statement of Issue, Recomnwdation, Analysis, Funding Source, Alternative Actions, Attwhments:
STAT`%XENT OF ISSUE:
Traniimitted for your consideration is Use Permit No. 81-40, an appeal
of the Board of Zoning Adjustments ' denial of Use Permit No . 81--40
at the February 17, 1982 meeting .
RECOMMEND&TION:
The Board of Zoning Adjustments, Planning Commission and Planning
staff recommend that the City Council uphold the Board of Zo► ing
Adjustments ' denial of Use Permit No. 81-40 .
ANAI�n!-IS
APPELLANT: Councilman John Thomas
APPLICANT: M. E. Biddle
P. 0. Box 1343
Huntington Beach, CA 92647
REOUgST: To permit "storage and r►h:)lesale sales of organic
materials" .
LOCATION: Subject property is located south of Ellis Avenue,
approximately 600 -eet west or Goldenwest Street.
BZA ACTION Oh FEBRUARY 17, 1982 :
ON MOTION BY. WEBS AND SECOND BY SMITH, USE PERMIT NO. 81--40 WAS
DENIED FOP. THE FOLLOWING REASONS, BY VOTES AS FOLLOWS:
RF.ASQN - F, gR DEtIJAL:
Use Permit No. 81-40 was denied by the Board of Zoning Adjustments
based upon the following reasons:
14 Not an allowable use in n ' RA zone, Use is appropriate in a
142 zone subject to granting of a conditional use permit.
MINUTES
HUNTING`rON BEACH PLANNING COMMISSION
Council Chambers -- Civic Center
2000 Main Street
If-antington Beach, California
TUESDAY, APR Tw L 6. 1982 -• 7: OCR PM
COMMISSIONERS PRESENT: Higgins, Livenqood, Paone, S•,inchell, Porter,
Schumacher, Mahaffey
COMMISSIONERS ABSENT: None
CONSENT CALENDAR:
ON MOTIOIN BY SCHUMACHER AND SECOND BY HIGGINS THE CONSENT CALENDAR,
CONSISTING OF THE hIINUTES OF THE REGULAR MEETING OF M,;%- RCH 21 19821
AND THE ADJOURNED MEETING OF MARCH 9, 1982, NAS APPROVED by THE
FOLLOWING VOTE:
AYES: Winchell , Porter, .Schumacher, riahaff ev
NOES: None
ABSENT: Paone
ABSTAIN: Higgins, Livenqood
ORAL COMMUNICATIONS :
Tom Livenqood was welcomed to the Planning CouLmission by the Chairman .
REGULAR AGENDA:
USE PERMIT NO. 81--40 (Appeal)
Applicant: M. E. Biddle
Anaellant: Councilman John Thomas
A request to permit "storage and wholesale sales of organic_ materials" ,
on property located south of Ellis Avenue, approximately 600 feet
west of Goldenwest Street.
Howard 2elefsky gave a brier presentation with some slides of the
area .
., .The public hearing was opened. Ron Montgomery, architect for Mr .
Biddle; requested that the Planning Commission overrule the BZA denial .
Hg further added that Mr . Biddle would be willing to leave the area
when it begins to develop. The public hearing was closed.
f
Minutes H . B . PlannincrCommission
April 6, 1982
Page 2
Commission discussion took place . Commissioner Porter asked the
Deputy City :attorney if there was any legal app�e:al in this case :since
the reason for appeal was never stated . Mr . Folrer stated that Mr.
Porter was correct, however, since: t}1e item was advertised that the
best thing to do now was to cao ahead with the ite-m. Coi,;missioncr
Mahaffey made a motion to approve Use Permit 8i- •10 and overrule thcr
BZA denial . This mention failed., for lack of a second . Corruraissi one r
Mahaffey stated that he felt the CoiTLmission was "putting the man out
of business" by upholding the B21JA denial , and that he would vote
against this .
ON MOTION BY SCHUMACHER' AND S1?COND 13Y II"IGGIN.; Ti?:: IIZA DENIAL OF USE
PERMIT NO . 81-1110 KAS UPHELD jiITH 'TI-II FGLLO--;ING FI-NDINGS, BY THE
FOLL01II 14G VOTE:
FINDINGS FOR DEt7i�,i: :
1 Not an allowed use in a RA zone . ise is appropriate in i•t:.' (Heavy
industrial) zone subject to the granting oi a use permit .
2. The granting of a use pe.-mit would adversely aff.ecL the General
Plan of the City of Huntington Reach by perriitting the manui:ac-
turing of fertilizer.- in an area o,-:' thu City designated as estate
residential in the General Plan .
3 . The proposal is not consistent with the Ci ty ' s Gencral Plan of
land use which designates the land use as estate r.-e:3i.denti�:1 .
AYES: Higgins , Livengood, i•rinchell, Pouter, Schumacher
NOES: Mahaffey
ABSENT: Paone
ABSTAIN: None
Chairman Winchell suggested that Ztem C-3 be taken up before Item
C-2 due to the audience response by those persons present that were
Interested in 2 tenn C-3.
ZONE CHANGE NO . 82-4/NEGATIVI'_ DECLARATION 140. 82-10
Initiated by the City of Huntington Beach
To permit a change of zone from 1•:1-A-0 to LUD-O on 38+ acres of pro--
pert} located at the southwest earner. of Magnolia Street and Hamilton
Avenue . The Chairman explained the definition of the LUD-O zoning
to be sure that persons wishing to address the Commission understood
that the proposed zoning would be rnur_h more restrictive than t:ho pre-
sent 141.-A-0 designation.
The public hearing was opened. The following persons came forward
to address this issue:
Bill Ervin
entington beach developme ervioes department
srAf f 'IEPORT
TO: Planning Coi-mri7sion
FROM: Development Services
DATE: April 6, 1982
I , SE PERt•!IT NO . 81-- i0 f;:PPEr�L)
�PP.LICF+IJT: I.I . E . Biddli- :)�:'I'� �''C'f l?;'i:D•
13 . U. r?ox 1 ? ;
Huntington 11,,ezi(_h, C1, 9264 5, 1981
APPELLANT: Councilman John Thomas Dr,T-.'.:
�� r and - ►�rl days f :otn r.].case of
RE UI;S �,,. : To nerrzit .� to.racl�� a who3 �, public hear. irig.
sale sales of organic
materials "
Gli+'r:}?lsL }'?,A!•� I;ES,I(3iJr%'! IO`:
LOCATION: Subjects property is located Estate 1esidential
south of Ellis Avenue , ap-
pro.---.imiately 600 west 'l.ON F }?i�-c�-CD, rcsicicnt ial
of Golden-.rest: Strc Lt . cop.-,Llned ,rith
ci i production/Ci:•ic
ACREAGE: 2 . 5+ acre_:
r;X I C Ir I iJC; U:i
i•1araufact:ure of f ertilizer
1 , 0 SUGGESTED ACT1014:
The staff recorumends that the Planning, Corimis.ion uphold the E3oard
of Zoning Adjustments ' denial. of Use Permit No . 91-40 Lased on the
findings outlined in Section 7 . 0 .
2_, 0 GE*IF.RAL_ 114 ORNiA'rION:
On February 17, 1982, the Boar;,+. of Loninq Adjustment, denif-d U,sc
Permit No. S 1-�0, a :-eguc�st to permit: the manufacture of fer. til i,zo.
in a residential agricultural zone. The decision has been appealed
to the Planning Commission.
310 SU14MARY OF ISSUES:
.1 . Will the granting of the use permit adversely affect, the General
Plan of the City of Huntington Beach?
UP 81-40 (Appeal )
April 6, 1982
Page 2
2 . Is the proposal consistent with the, C'i tv ' 4 General Plan of land
use'?
4 ,0 ENV IRVNM.E'NTj,L .S:,1TiJ -
Pursuant to Section 15101 of the California f nviron.mental Quality
Act, this request �.s cut-egcrically exempt .
5 .0 SURROUNDING LAND USES, 2JON1,11G AND G NF.RAL
Subject Site:
GENERAL PLAN DESIGtIr'TION: Estate Resic_::nti ,1l
ZONE: RA-O-CI)
LAND USE : Manufacture *and ale of r: ert- lizc!:
North of Subject Site:
GENERAL PLAT: DESIGNA'1'T_0;: : Estate Residential
ZONE: RA-0-CD
LAND USE: Horse stablis
South of Sub i ec t Site:
GENERAL PLAN DE ZGN,XION : Estate Residential
ZONE: RA-0
LAND USE: Storage: farm - oil related
East of Subject. mite:
GENERAL PLAN DESIGNATION: Estate Residential
ZONE: LU-0-11-D
LAND USE: Cil uses
West of Subject Site:
GENERAL PLA&N DESIGNATION: Estate Residential
ZONE: RA--01-CD
LAND USE: oil-related use
6. 0 ANALYSIS:
'i
(History) Mr. Biddle ' s fertilizer busines:ti first came to t1se staff. ' s
attention in October , .1979, when it was discovered that he had es-
tablished a commercial operation within the M1--0 zone sDuth of Ellis
Avenue, east of Goldenwest Street, without obtaining the proper en-
titlement . At that time, a staff person from the Land Use Section
contacted Mr. Uidd1A (the applicant) and informed him that he was
conducting a business illegally and violated certain provisions of the
Huntington Reach Municipal Code by placing a trailer/office, fence , usid
; ,, signs--in and around the property.
UP 81-40 (Appeal )
April 6, 1982
Page 3
On January 11 , 1980, the 1-1nd use section submitted a "Request for
Prosecution" to the City Attorney ' s office naming Mr . Marvin Biddle
as having violated .Section 9530. 2, Huntington Beach Ordinance Code .
On January 16 , 1980, a "Notice of Violation" was mailed to Fir .
Biddle by the Deputy City Attorney . Said notice set a time and
date for Mr. . Biddle to meet with the Deputy City Attorney in an
attempt to resolve the issue without having to file a criminal
complaint.
As a result of the above mentioned meeting , an agreement was reached
between the City ,.ttor. ney ' s office and Mr . Biddle wherein it was
agreed that he (Fiddle) would reinove; within 60 days , the mobile
home/trailer , would move no additional fertilizer onto the property.
During the first week of September, 1980, it was discovered that
Mr. Biddle had re-established his use in another location ( 6842 Ellis
Avenue) . A field investigation conducted on September 9, 1980, noted
numercus violations which included not only a use being established
without entitlement, but fences and signs having_ been erected with-
out permits.
rNOn September 10, 1980, a criminal complaint was filed with the I-lest
Orange County Municipal Court by the City Attorney ' s office for vio-
lotion of Section 9601 . 4, failure to obtain proper entitlement for
use .
On September 24 , 1.980, Mr. . Biddle filed a Use Permit application to
be heard before the Board of Zoning Adjustments requesting the es-
tablishment of "storage and wholesale sales of organic materials" .
That application was rejected by the Secretary, Board of Zoning Ad-
justments, on October 6, 1980, as .)eing a disallowed use within the
RA-0-CD Zone.
On November 17, 1980, fir . Riddle entered a "not-guilty" plea before
Judge Smith--jury trial set for December 11 , 1980:
On Janu:iry 22, 1981 , the court dismissed charges against Mr .
Piddle in the "interest of justice" and warned him (Biddle)
that the case may be re-filed if efforts are not made to obtain
proper permits.
An inspection conducted July 20, 1981 , revealed that Mr. Biddle had
not only continued to operate his fertilizer business, but. hz!O e::-
panded with the addition of more equipment, new fencing and off-site
signs. Based on the fact that Mr. Biddle had not followed the court ' s
order by obtaining required permits, a .request for prosecution was
filed with the City Attorney ' s office on July 210 1981 , citing Sec-
tion 9601. (Violation of Uses Permitted Within the RA Zone) and Sec-
" tion 9760.29 (Prohibition of Portable Signs) Huntington Beach Or.
Ainance code.
UP 81-90 (Appeal)
April b, 1981
Page 9
On November 5, 1981 , Mr. Biddle submitted an application (Use :permit
81-40) requesting a permit to estrablish a "storaclt: and whole:JaIL. Sales
organic materials to landscapers contractors" . ,After a field in-
of ors P
spection by staff and discussions with Mr . Biddle, it was determined
by staff that Mr . Biddle w;:s also manufacturinc; f(.•r. tiliscr and selling
it retail as well as storing it and sellzna it Wholesale .
At the February 1 -1, 1082 Doar3 of :'oning Adjusttr.ent::c the
Board denied the subject application with the following indings :
i
1 . Not an a l lowed us-! in a Fl.i zone . Use is. appropriate i. a 1.12
(Heavy Industrial. ) zone subject to the granting of a use �
permit .
2. The granting c)r a use permit would adversely affoct the General
plan of the city of Huntington Bear_•h by pc:rraittinq the manufac-
turing of f. ertili ::er in an a3 ea of th;-I City desictnc-Ited as estate
residential in th,_. c3eneral Plan .
3 . The proposal is not consistent. with the City ' s General Man of la:3d
use which designates t)-e land uscI as estate residential .
in its discussion, the Board stated that th►, applicant had located
and occupier a mobile trailer for use zi ;s an office, for which lie has
i
no permit . The or ►dinance co e does allow a temporary trailer. to be
used for a :six-month period at a const:ruc clon site, provides: that a t
permit is issued. It: was further stated by the Board that 14r . Diddle
use is not allowable in the R.N zone, and that the codo specifically
calls out the applicant ' s use .in the 11,12 :,one as loncl as it is not
located within 2, 000 feet of a "residential agricultural " district,
subject to a use permit.
in the staff. ' s view, the granting of a permit for they manufacture
and sale of fertili�.er in the residential agricultural zone would
be in direct conflict %.:ith Huntington Drr ac:h OrdinEMcO Code and the
City' s General Plan.
7 . 0 RECOMMIENDATI•JI '
The staff recoimnendrs that the Planning Co„tm ssion uphold the hoard
of 'Zoning Adjustments ' denial of Use Permit. 81_40 -with the following
findings:
FINDINGS ►OR DENTAL:
1 . Not an .allowed use in a RAzone. US(, is appropriate in 142
(Heavy Industrial; zone- subject to the grnntin:3 of a
use permit .
2. The granting of a use permit would adversely affect the General
Plan of the City of Huntington Beach by permitting the manufac•-
turing of fcrt:ilizer in an area of the City designated as estate
residential in the General Plan.
3 : The proposal is not consistent with the C1:y ' s Genera! Plan of
' land use which ,designates th:s land use as estate residential .
Use permit 81-40 (Appeal )
April 6, 1982
Page S
ATTAPH,MENTB :
1 , Minutes of Board of Zoning Adjustments dated Februar}► 17, 1982
2. Area Map
3 . Letter of appeal
4 . Inter-office CorTmiunication dated December 1 , 1981
lm
i
i
a
T ,t ��r ! l R! F 7 ♦r y a T ",TM •....��.
.IU'.:'I' L�;'I'�.. Li:�1CI! .lC�l�,:.,) G. ;,c.i...�.:�. ��!).. U. f'... . .�
i10M.i ii- i3 , Civic �.:cnt.er
2000 Main Street
IIUnt.in(Ito n beii.:h , California
W NESDAY , FIEBRUAR 17 , 1 `)i1- - 1 : 1 5 i' . i•1.
BOARD ;•SEMBERs : c•,(:•bb , t�oyel ;=a:1rJ , Cvosb, , Scutt:, Kell
STAFF YR.FSE,'.d Cooper
MINUTES BY SMVrII A:Jr) SECOND BY V-1EBB ,
'i 1 :;TI:l.1LS OF ':hE 1d;GILILA t ;'J'N:T I ,'G Of'
I'F:FiF?UhRY 3 , ' 982* M RE APPROVED AS Tf A.NS-
CRIDED BY THE F OLi.GS'j 11IG VG'rL•' :
J
J'
AYES : :•,chb•,fVogelsar�y , CrosL•: , Smi th , Fe1:y
NOES :
ABSTAIN : :onu
ABSENT , .�'� mane
Pro dilre of the Board ct: 7.oninc; „djustmen; ::, k•x_, MItl -Ilse l t_u
�lY • applic��nts by Chairman rel ly.
REGULAR AGENDF, 1'1'I:t•SS : {
i
USE FERmrr :4o . 81-40 fCuntinued from 2/ 3/84-11
Applicant: ;•S. E . Diddle
To permit storage and . hulesk-ilu ��.i >;i UI oItii2ii .i iiitllil .o
landscapers , contractors , et—. . located ilt: 68 i: llis Tiveni. E. ,
zoned RA-0-CD .
Chairman Kelly in-formed the Board that: tiji.: is a
Cateaorica l Exer:ption , Cla-.is . 1 , CL-1l l fornia E ni:i ronmen *,-- a-IQua l i Ly
Act, 1970.
Acting Secretary Webb out 1 iriod request and s umNRc1 rl i ed
stating that a revised plan was submitted on February 16 , 1982 ,
reflecting a circulation plan which ssas Previously rt?Cc uCs tee by
the Fire Depa,,tment and also indicates an a!"l•a f-:)r park. inn showing
the number of parking spacr_s provid`d as per _;tr'Jf. :;
Chairman K�11y opened the pub 1 i c h(:��r inc3 w.i t I� ';r. Ronald 'dan C-
gomery , A . I . A. , present representing Mr. Biddle ' s intere5;t in
Use Permit No. 81 -40 .
Iff,4 f ,
� { Minutes : H . B. Board of Zoning Adjustments
Febr+aary 17 , 1982
J
Page Two
Mr . Montgomery submitted ;;o the Lodrd a letter of authorization
from Mr. Biddle to represent him and stated as the revised plan '
was submitted , he has no further comment.
There being no one else present to speak for or against this
proposal, the public hearing was closed .
Board discussion ensued . It was stated by the Board that 14.. .
Biddle has located and occupies a mobile- trailer ,.or use as
an office for which he has no permit. The code does allow
a trailer to be used for a six ( 6 ) month period at a construction
site provided that a permit has been issued . Fie al--;o has illegal
off-site signs for which no permit:, have been issued . It was
further stated by the Board that staffs' interpretation of the
code is that Mr. Biddle ' s use is not an allowable use in a
RA zone and that the code specifically calls out his use .in
a M2 zone as long as the use is not less than ? , 000 feet frorn
the nearest "RA" district subject to a conditional use permit.
ON MCTI0:1 BY :•JEBB AND SECOND BY SMITH, USE PEP14IT NO. 81--40
WAS DE111rD FOR THE FOLLOWIf1G REASONS , BY VOTES AS FOLLOWS :
REASONS FOR DENIAL :
Use Permit No . 81--40 was denied by the Board or zoning A "justments '
baced upon the following reasons :
1 . Not an allowable use in a RA zone . Use is appropriate
in a I�f2 zone subject to granting of a conditional use
permit.
2 . The granting of a use permit would adversely affect
the General Flan of the City of Huntington Beach by
permitting the manufacturing of fertilizer in an area
of the City designated as estate residential in the
General Plan.
3 . The proposal is not consistent with the City ' s 'Gencral
Plan of Land Use which designates the land use as estate
residential .
AYES : Webb, Vogelsang, Smith, Crosby
NOES Kelly
ABSTAIN: Clone
" The applicant was .advised of his rights to appeal the Board ' s
w decision within ten days in writing to the .Secretary of the
�F^T #.� 'Planning Commission .
V� -2- BZA 2/17j82
l
7
4,• f.-R. ;�'� , ,PPE_ONEC, IRA-0-Co
--
Ipz 45�
•ice �± • � r S1 _. � _
1
RA-0 LU ;
LC.'•.1n
...•. •r... ' 9
M 1-0214
i - - •
svC
No
144,00 C.10%It ACH
HUNUNGTON BEACH PLANNING DIVISION '
N;
,. •,. CITY OF HUNTINGTON BEACH
CITY COUNCIL COMMUNICATION • •
TO Jim Pal in , Secretary FROM Councilman John Thomas
Planning Commission
SUBJECt APPEALTO DEP:IAI, BY I301,11D OF DATE Februar,► 25 , 1982
ZONING ADJUSTMENTS
This commun i.cati.on shall serve as a Formal ,:ppea-1 to the denial by
the Huntington Beach Board of Zoning Adjustments o-11" Use Permit P1-40
(Biddle ) . This decision was Made at the Board ' s meet inq or S;ec:aes- '
day, February 17 , J.982 .
I f: !cl that clue to possible political conditions , the determination
woul.. be better made by the Planning Commission.
JT: pj
• I
r.
r ry
.,.a4►°
4 r
/a CI OF HUNTINGTON 8 AGH
`4J JA INTEn-DEPARTMENT COMMUNICATION
' To Jim Palin From Pat P
1
5 e
Subject BIDDLE ' S rERTTLIZER Date ;lovember 24 , 1981
68,12 ELLIS AVENUE
Mr . Biddle' s fertiliver husines� first came to our attention in
October , . 1979, when it was discovered that he had established a
commercial operation within the 141--0 area south of Ellis , cast
of Golden West, without obtaining proper entitlement. At that.
time , Bob Kirby confronted Mr . Biddle and informed him that he
was conducting a business illegally and by placing a trailer/
office , fences and sigris violated certain provisions of the
Huntington Beach Municipal Code.
On January 11 , 1980 , this office submitted a " reclur- st for pros-
ecution" to the City Attorney ' s Office naming Mr . 1.1arvin Biddle , /OMMIN
7152 Ellis Avenue, as having^ violated Secticn 9530 . 2 , iuntingtoll
Beach Ordinance Code . .
On January 16 , 1960 , a "notice of violation" wis mailed to Mr .
Biddle signed by Charles Matheis , Deputy City Attorney . Said
notice set a time and (late for Mr . Biddle to meet with Charles
Matheis in an attempt to resolve issue without having to file a
criminal complaint against Mr . Biddle.
As a result of the above mentioned meeting , an agreement was
reached between the Ci tv Attorney ' s Office and Mr- . Biddle wherein
it was agreed that he (Biddle) would remove , within sixty ( 60)
days, the mobile home/ tz'ailer, would move no adcli tianal. fertilizer
onto property with remaining allowed to be sold oft: and agreed to
clear property by Sep 1980 . A subs(>queht request by tir .
Biddle' s attornev allowed the time period to be extended to
September 30 , 1980 . `1
4 some±time wi.t ian tliv first: wook of. September , 1.980 , it was discovered
that Mr . Biddle hail re-establ ished his use in anolhor loc itt.ion �
(694 ?. r11is Avcmiv) . Out: Cicld on September
L980 , noted numerous violations which iticyuded ilot: only �i use
hei.ng estahlisheci without entitlement but fences and signs hovinc3
been erected without: i.,enef it of permits . At a meeting held between �
.Bob Kirby and Charles Mc-it:heis on September 9 , 1980 , Mr . Matheis j
-. agreed to reinstate the previous request for prosecution of January �1
11 , 1980 , and amended that request accordingly.
r
• it
1 V'
i
On "el)tietl'c►er. lt3( 19t;�, a Crlm) rlral cc.,r.ipIalnt wits Ir Iod W,it.'.h th(I
WestOranc7c� County Ptitni rii)rl 1 Cr�ur!: h the Ci L�, 1►-.L. rney ' s C►� f ice
for violation of Section 9601 . a , failure to obLa.Ln I�rol.`ur ent:.ticmPnt.
for use .
On September 2� , ?r�Hl , Mr . 13irdle filed a Use Permit-i � �1F�i�licariotz
to hr} heard by thr� i3r�i�rcj r1f 'Zoning AdjustrIvrlts rcquc�s1'1.t:rt ; hE�
establi sh.ment of " s, toraqe anc-1 �n'fIU� C'�ic3�l''. :.ule:: ()i U: ij•:ilil :: iii:Le:lillra" .
Fnat application war. r*e' ert cd by the Secretary , Hcv-irc] of 7,on r. 'i
Adjusitr+entl , on CUctober 6 , 1980 ; as being a cil:�.�lla�+ d u:;-:: w�t:hin
the RA zone .
On November 17 , 1980 , ttr . 13icid e r!nter�: d �� "sl at-- �.,11 ] 1Ly " p]ea bf-`care
Judge :snit}1 — jury trial sc:st far t7ccet�l�er
On D('Ce:rt)rt' 11 , hr` r'i:+1.) !" '. i31ti;+t-U'!r:•a i1 t' .. 1C1r':�' f': :" C: :1t . :i11i:1:CC
until January 22 , 1f: or(jer il ln'::
to interpret ordli4ance C1isaIlows M!, . Lidd.lc ' S W10 .
On January 1114 , , `_iil ' (jC'1'.'.Ztli!�'Tl` recolved wn lllt (_`)'"vf_I:illL:'.ii:rlt �
communication f .rox,, (:;ii ! 1{1)t:to)-4 , City Attci'r1C'y, statin,'I t'�;at the
•. Ordinance Codr' , !sn)ri( r Sectlor'i 9r`ri1 . •1 , 'iriE.'C:i: l (:i111 ; addrC'._,."s0s
Mr. piddle ' acti ,` it:;.' i:nd can he c-onducts., uj:or, i.11 1-r-)va1 c,f a
Conditional Use I'r:•tvii. t.
�. On anuarl ?i , 1QR1 , t:i:i'
ewiainst Mr . • Ridri Ii! .lr: r_ i>c " in;. rr.•
(131.(1!l1E') thatC;rt!ir! i:'/ lit? J"r,- : 1 1E`Ci If �'i IUrt:i i1r(: :iut made to
obtain proper
on ke (.� till :; Lf_ �art.neiL and 5fT1CS UC
other agencies, which are outlined t:c: low:
2/19/81 .! :n-) �..`n: r �•c,, i <� cl r. �r,; Ci t:•� �s!it 1 ttii:; i
UE�vr�lnl�tti;�r:f� :�3:`r.' - ce•. Gc•1�isrtrnc:rlt Lc, , :i�•r"it: i +. ilt 'Tor-
t.11a ur Plant" o r- of 1'••rnest i:11[I rin �:j('Il'.rl1:iL. lri I'� .:I:VrI�'e
to reference by Counci ]dart .7ohr, :homa:; .
er Q,!kIes ;f• t b72/ i3/ ;1 ce� 'lcp ,.etit { rr s r
Ora nc e Cc�un
ts Vectar C'os1Ls-oi rc:1a 6.1r.►y Lass.if�lc fly j
Ureedi.ng problem �� t subject ::it^ .
2/25/81 Tohn Pet of 'lector Control rej)arted no f Iy breading
problem ex i s l•.ed .
3/10/81 Inspection of fill 11L i lit)t:cn Bea-'�'h C:ornpianlr -• OwneO property
' PC3t. of Ci^ 1de.:;w+-!;if_ 'it:; 4'('i; and 2iS'U-%_i1 of I. 111ti AV r11ie
i-evea 1 ed no so I f cl evidence of an exp-,zi s i on of t:hi. I.t 1cirl } c�
L'►.-r-t:ii1, i ,c:r opr_ rration . Mr . Bic]:ile stat'_'d to our inspector
is ticat he wa:: simply discinq weeds.
3j1 /H1 - !,otter sent to the 11untington Beach Cozrylar .,' :inform ztl; them
of a possihl.rr i t .1(,C;a 1 soi13 ameni ti u, act. xvs ky cis) thc:i:
property eafst. of Coldenweat and suuth of Ellis beincl
41
till A
j�T1,
f conducted by Mr . riddle.
3/24/81 Tests of the soil ► east of. Goldenwes t - smith of ri 1
' was conducted b1 Ron tla 11 , sol id was tos spcci a ist: and
1
Gill Shelby , Vector Control officer failed to produce
any evidence of a health hazard .
4/6/81 Status rupurt from the Director of Services
to the Ci ty Adir'i1111St._%1tOr, C1t. iW.1 Ct11i6 C0 C-f 3OMP )rL of
fettiliz.er processinct zcti��it:y being conducted at the
prol)erty east of Goldenwe.;t and .out_h of E11is , but
because of lack of witnesses no charge can be : i le l at-
this time .
4/10/81 - l,etter f r- _):n 1!:I11t 1I1C1t:o11 Beacit Cor p'-In.'. lethal
statinri. no one aimh:?rized us--2 01 prope;: t;.'.' cast: of ".;alde.n est
and south of Ellis for fex'tilizer <lctivit�,'.
4/14/81 ` Insjtection of Urc]ilorty,' o , (.i,,,l At-' n-,.!t7: ti and suuLil of F11i3
r���'ca led ,'t;�ry in D iddl e work ir►q wit: }t sc i 1 and sk i;l loitd`r%
L1. 1.1c�r . ..attire of ;;ork uri ,riawn, beat appoared to b. , more
than weed control to inspector .
5/7/81 ` 3nspecuion of siih";�'ct: property rt+est— by iZC: bert
Holub of the Water Quality C:cr rol Hrja d revoal-3c1 possible
violations of ?''r?tl"ral. T'a! A ropc;rt iias beer, re-
quested ed 1'1'7 Ot:r tlel)i1I.t me nt. f-1'OiP. C:lte Control
• 3card (Sue attached Order No . 1 1.-1� t ) .
• An inspectic n r_ct miuctc,ci on •lClly,• 0 , 1981 , [-c. . ..�, i _.:A�. :'►
had net only cent rtuo(i to ol�orate his ic,rt tlir_�� : I:,t:s:.n�� itti' h�1,1
expanded with the v dition of m-jre ec;ait•r,:�nt , nee: _oncinq and of '--site '
signs . ' Based or, the fact that Mr . Biddle had not. r�'t2c�I:t cl Ali«� coilrA_
order by obtaining re qu ,I red pe—r'lll ts , cZ for ::;rosectition wcu5
filed with the Cit, A tcrlle•, ' s Qrf i C'� ;1 .;t11,• � ? , 1`1`3L , C.1 tin..
.section 9601 (violation of Misr;, l7eI-mitr(`d wi.tt', till, RA 70n,?) a1nd
S�eLtion 976G . 2? M (pro'hih:itinn of nortablo signs ) , HL;;ltin'{ Lcin
Reach flrdxnallr.e'; Code . '-It-- <lac. ve mentioned I't..'gk est For l�C'J�i•..'::�it: ion
should be amended to inc 1 ude the coast-uct i on of �E'l;t. l.i:c' and '1<ilCllflti
without benefit of fencing any yrad.int} without trr.11et .1t uF per►;sits.
!Although there has no coL'respo►,�'encc, tilt (! tile"
City Attorney ' s cif f i cry , i t- ' s my 'under L,lrndi;lc t h;i t: t-tt'. 1B I d-I! 3 e is 5
met with Art. f'olcj('r and w,-i !; irmtriict.ed 1)�, him ( Cell:U11: t.t) 1 46ilr'
an application with this departmenL in order to leya.li.ce his use .
«r. On November 5, 19ti 1 , i•Sr ., j11 C:CI t L :tif:);ni tt orl An app l i c-i i-on ( Lf`:v Itt�L'T:l. 1,
�i0. a1- 40) 1'1`c�t3t'53, 11vj a permit.: t.r, C3:.�l 1)1 1F,h tl " tits")i'•1�7t: i.tiiti
sales of organic material , Lea ltil(laCill7n:' , ::C7t1f i'�tr.'!.£?["; , +` t_► . '� . i.5
of this ,.'late said r- pplicat irm (lisp. Permit: No. !{ 1 - jo) i , t)e irlcl analyzed
by the board of 7nni nq Acl j astrnents Secretary and th,:is yct Leo be
accepted nor rejected .
Ps: js
�� ; Attach.
RA-0-CD
IYwEtar_M RA
Rt-CD
�.ui L..; CO
\ D1 �iU-0•GG -UC•::7 - l�•G-G'.. lL ,.-CA �
-it
RA-CD LU,
- RA-0 : t -
I
MI-02
` � r
•
0 CD
E.`
trtic:o�of ACH
. . I
HUNTINGTON TEACH PLANNING DIVISION
5/NC
Lpril 30 , 1982
CITY COU74CIL
City of Huntington neac?1
2000 Main Stroet
f Huntington Beach , CA 92648
1
f
RE: 11ARVIN BIDDLE
Dear City Council ,
WC a-re 010 Owrict.s of ► he th(, '.vCrtl; and
subject property o �.?r . �;a:-•:i:, i:ic?c:I � ,
i
We are not opposed to 1«. 1?:. ntir.Clton Pe :icl, Cit•.• Co1zT1C 1. ' :a approval
!
Of the current operations o_ 1r;- . `!�: •�i:� i ,_';:] ,: rn :sn cll►nu:�; w.asi: .
i
!
Sincerely yours ,
David D. Dah.L ,
Fret ident
Y
-
•
1'TATIE OF CALIFMIA—REIOURCES AGENCY EDMUND G. NOWN .1R., Oo"riw
.`CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
'SANTA ANA REGION
4M I140IANA AVENUIf, SUITE 200
01VIENSIVs. CALIFORNIA 92S"
PHON[t 17141 $64.-9330
H��YTrvQroN G!~'1CI1
PLANNING DEPAITIVEW
October 1, 1981
N n V + 3�AI
P. 0. B" 190
Hurdinoorl 8aach, Calif, 9W"
Mr. Marvin Biddle
Biddle's Best Fertilizer Compost
P. 0. Box 1343
Huntington Beach, CA 92047
0.-ar Mr. Biddle:
This letter is to confirm my inspection of waste
containment facilities at your composting plant
on September 23, 1981 . The newly constructed
dikes alos,g the south and east boundaries appear '
adequate to keep the wastewater on your property.
We would point out, however, the waste containment
facilities must be maintained to keep them effective.
Thank you for your cooperation in this matter.
Sincerely,
•err.
Hossei /and"
Staff Engineer
HZ:kyb
r
T-:1L doe
i !r.l T711"G i ON BEACH
California Regional Water Quality Control Board I TANNING DEPT.
Santa Ana Region NOV 1 h 1981
ORDr.R 110. 81-186
P. 0. Box 190
•vlaste Discharge Requirements Huntington Brach, CAAU48
for
Marvin Biddle , dba, Biddle's Best Fertilizer Compost
Orange County
The California Regional 4Ja ter Quality Control Board, Santa Ana Region
(hereinafter Board) , finds that:
' 1 . Marvin Biddle (hereinafter discharger) submitted a report of
waste discharge dated July 16, 1981 for the operition of a
composting site located at 6842 Ellis Avenue in the Huntington
Beach area of Orange County.
2. The discharger operates a compost production facility eau �rocesses
approximately 7500 cubic yards (5-35 cubic meters) per year of
manure mixed with wood sawdust on one acre (0.4 hectares) of land,
3. A Water Quality Control Plan bras adopted by the Regional Board on
April 11 , 1975. This Plan contains beneficial uses and water
quality objectives for waters in the Santa Ana Region .
4. The requirements contained in this order are necessary to implement
the lJater Quality Control Flan.
5. The disposal and treatment facilities are located in the Santa Ana
Pressure Groundwater Subbasin in a portion of Section 34, T5S, R11 q
SBB&M, at 6842 Ellis Avenue in the Huntington Beach area of Orange
County. Surface drainage from this area is tributary to Bolsa Bay.
6. The beneficial uses of the Santa Ana Pressure Groundwater Subbasin
include.
a. Municipal and domestic supply
b. Agricultural supply
C. Industrial service supply
d. Industrial process supply
r 7. These waste discharge requirements result only in the control of
�•iastes discharged from an existing facility and, as such, are exempt
from the provisions of the California Environmental Quality Act
(Public Resources Code, Section 21000 et seq .) in accordance with
` Section 2714, Class 1 , Subchapter 17, Chapter 3, Title 23, California
Administrative Code,
,,�•
Tr
7d,
4� •
a
M 4
�t•r!,!t' .Ir.t, ;il •• 1.4� - can Li riU�cl f' r�+ ?
il�t•vitt �Siplc!I� , d'� � ISideli(! 's i i i cr Compost
8, The Board has notified the discharger and interested agencies and
persons of its intent to prescribe waste discharge requirenents .
g, The Board, in a public meeting, heard and considered all corrments
pertaining to the discharge.
IT IS HEPUY ORDEIRED that the discharger shall comply with the following:
A. Discharge Specifications
1 . The discharger shall provide and maintain facilities which shall
contain ,-jithin the discharger's property the storm;pater runoff'
from the composting sire a resulting from up to 3.94 inches (10.Ocm)
of rain in a 24-hour period.
2. Drainage from offsite areas shall not he permitted to enter the
composting area.
3. This operation shall not cause a nuisance or pollution as defined
in the California Water Code.
4. There shall b ; no discharge of wastes to property not owned or
controlled by the discharger.
B. Provisions
1 . The discharger shall comply wi th Monitoring and Reporting Progran
au. 81 -180' .
2. The discharger shall promptly report to the Board any material
change in the character or location , including any change of
boundaries , of the composting operation , and any increase so
that the amount of material composted exceeds 10 ,000 cubic yards
(:,650 cubic ureters) per year; also, any change or proposed change
in ownership of the facility.
1 , James W. Anderson , Executive Officer, do hereby certify the foregoing is
a full , true and correct copy of an order adopted by the California Regional -
•
Water Quality Control Board, Santa Ana Region, on September 11 , 1981 .
e.. � •-..Gt%/✓• �i�` cif;,... ;
Jr�,,�5 ,,. SIDE RSON
Executi y:! Officer44
i
.�
Cal i fora 19ional Na t'er Qual i ty Con tra rd
�•� Santa Ma Region
f:►rri torinf1 ariff P000r•tlw) 1'ro.rr•r•, No, 41 - I,W)
s- -
flrrvirr Ritf!11�► , tl!ra, (iiddlc•' � I.!•;t i[•rti i i!rr Cr,^+�ri; t
Oranrjo C(3uI .}r
i.1)ni torif—:
1. The dischar'g-�r' shall waintain a ;►r�r'r^,:,rc�nt record of the ty;::; of
rrx to ri a 1 s , the artuun t of each type , and Lhe sciurcc Of each tripe
of material used in the cowposting operation .
2. The discharger shall maintain a permanent retard of the amount of
eonposted material processed, and the general geographic destination
of composted material shipped from the facility.
P, p i-tiny
1 . Monitoring report, shall tie su;initterl in accrirdance a►ith tip_-
following schedule:
Report Period lt�ort Due
January-February-March April 15
April -1•lay-Jtine July 15
Jul y-Atigus t--September October 15
0ctober-11ovembe r--December January 15
The first monitoring report ° hall be due January IS, 1982 .
2. iloni tori ng reports shall include the following:
a . A summary of the material source record recluired under
Monitoring Requirement 1.
b . A surrumary of the material processing and shipping record
required under Monitoring Requirement 2.
3. The report due January 15 shall also include a statement concerning
the placement and condition of runoff controls and their ac:ecivacy to
. comply with Qrscharg? Specification A. 1 . arrd A,2.
4. All reports shall 5e signed by a respcnsible officer or authorized
representative of the discharger and submitted under penalty of
perjury.
0 r ue r•e d by .r;,�i�.-.�n .��
JAI.IE5 4. A;IOE R5011
• �,/ Exec-,!t i ve OTC i cer '
p
Y
diet
�'�tffi►y^+,:
�� •.a CITY ATTORN EY
1 P.0.80`4 190
` ;•• 2000 MAIN STREET
�t HUNTINGTON BEACH
rALIFORHIA 62648
GAILY HUTTON TELSPH0NE
taty AttwneV (7141636605
10 September 1980
Mr. Marvin Biddle
RIDDLES BEST FERTILIZER
6842 Ellis
Huntington Beach, California 92648
-Re : Violation of Section 9601 . 4 of the Huntington
Beach Ordinance Code
Dear Mr. Biddle :
A misdemeanor criminal complaint has been filed against you
at West Orange Cc,unty Municipal Court ( see attached copy) .
c '
It -is mandatory that ,you appear at an arraignment hearing on
Thursday , September 25, 1980 , at 8 : 30 a .m. , at best Orange
County Municipal Court , 81111 - 1.3th Street , Westminster,
California. '
' On the above date your case will be posted* oti the bulletin
board in the lobby of the courthouse specifying the division in
which you are to appear.
Very truly yours , HONT!NGTON BEACH
GASL ttvfrIrorr PLANNING DEPT.
City Attorney S E P 10 1980
P. 0. Box 190
By Huntington ^:ach. CA 92648
CHARLES W . NA 1.1 ' , .JR.
Deputy City Att-ovney
CWM: LnI
Attachme►It. .
cc : R. Kirby
Land Use `technician
rMK.rw.aww....rww• ..... .. •.w.N.r.iwtir. ,..-. I.
r �
IN r " MUNICIPAL cflulZ7
Of WEST ORANGE COUNTY JUDICIAL DISTRICT
., COUNTY Of ORANGE, STATE Of CALIFORNIA
tlor
COMPLAINT -» CRIMIN,
P•Cr Suctions 106.1426
44. (Ibis Spec, for CIor4'ra Stamp Only)'
T149 PEOPLE Of THE ITATE OF CALIFORNIA.
Plaintiff,
.� 14AR_ VIII_ UDDLE, DBA RIDDLES BEST_
I
FERTILIZER
o.r.n�onr,
I, ROBERT KIRBY hereby certify;
1 That on or about 9" day of September 19 80, and within said West Orange County
Judicial District, County of Orange, State of California, the crime of misdemeanor , t0 wit
Violation of M01 . 4 of the Huntintton Beach Ordinance Code
was committed by MARVIN BIDDLE
who was at the time and place lost aforesaid, did then and there willfully and unlawfully fail to Obtain
approval of use permit application before the Board of Zoning Adjustments
for agricultural. use .
I II
I
r All of which is contrary to the form, force and effect of the Statute in such cases mode and provided and
f against the pecce and dignity of the people of the State of California.
Wherefore, said complainant prays that a warrant may be issued for the arrest of the said 1.22VIII BILDLE
a,od tt„r 'tic
. be dealt with according to low.
I declare under penalty of perjury that the foregoing is true cnd correct.
d of INJ� t !�e11Ch+ /V i do of �i t!�'M1)L.1. 1980 .
Executed of � �eK��, California this � y ,
!/ / +
1i0�, r KIRI3Y Signutuie of Deelarani
• Land Use Tecl4li:c
City or Huntington Beaeli
s,. COMPLAINT •• CRIMINAL
A"iff CITY OF HUNTINGTON BEACH �,' . �:;:�.,. 'nc^T.
? INTER-DEPARTMENT COMMUNICATION
"tom"NAC„ ,�Afl
• P. 190
To Development Services Director From City Attornijuntington8ibach► CA9264'.
Subject Prosecution for Failure date ltt January 1981,
to Obtain C . U . P .
In September, 1980 this off'lce received a Request for Prosecution
regarding Marvin Sidd'_e, for failure to obtain a conditional use
permit prior to operating; his fertilizer business on property
located in an RA-0-CD zone . .
The prosecution was riled and , as a result , Mr. Biddle attempted
to acquire the necessary permit . However, upon filing an applica-
tion for the C .U. P. it was rejected , without Mr. Biddle being
allowed to appear before the Board of Zoning Adjustments .
Huntington Beach Ordinance Code §9601 . 4 specifically addresses the
very type of activity in which Mr . Biddle is engaged , and that same
may be performed in an RA zone upon acquiring the C . U . P .
The basis of a prosecution under the Huntington Beach Ordinance Code
is to achieve compliance with the code when one is engaged in an
illegal land use . However, if Mr . Biddle is not allowed to apply
for and obtain the necessary C . U . P. , he will not be able to comply
with the Huntington Beach Ordinance Code . Since the code itself
makes provision for allowing the subject use in the RA zone , it is
only logical that it is expected to be performed there . Further,
if the city is riot; going to allow Mr . Biddle to ever, attempt to
obtain the necessary C . U. F . and thereby comply with the Huntington
Beach Ordinance Code, how can we , at the sarne time , prosecute him
for non -compliance?
Therefore, please provide this office with information as to the
reasons for not allowing Mr . Biddle access to the Board of Zoning
Adjustments , so that a determination can be made as to the propriety
of the pending prosecution .
GAIL HUTTON
City Attorney
GH :CMghaarles
m
cc: ing City Adrnlnist;rator
ert Kirby , Land Use Technician
Matheis , Jr. , Deputy City Attorney
r
OFFICE OF
CITY ATTORN IEY
P.O.BOX 1N
2M MAIN STREET
- HUNTINGTON BEACH
CALIFORNIA 92"11
OAIL'HUrTON TE t.E►N�NE
Chy Attorney f71�1 iii E
January 16 , 1980
NOTICE OF VIOLATION
Mr . Marvin Biddle
7152 Ellis Avenue
Huntington Beach, California 92648
Re : Violation of Huntington Beach Ordinance Code
Dear Mr. Biddle :
The Department of Development- Services of the City of Huntington
is Beach has determined that you are in violation of the following
section of the Huntington Beach Ordinance Code :
59530 . 2(c) - Uses Subject to Use Permit
It is the policy of this office to attempt to achieve voluntary
compliance with the various codes of the city . Therefore , we are
giving you the opportunity to respond in person to this notice .
Please appear in the office of the City Attorney for the City of
Huntington Beach , 2000 Main Street , 11th floor, Huntington Beach,
on Thursday, January 31, 1980 , at 2 : 00 p .m. , to show cause why a
criminal complaint should not be filed against you in this matter.
If you are unable to appear at the indicated time or wish to
arrange an alternate date , please telephone Pat Shorthill , at
536-5558 . a
If yo'u fail to appear at the scheduled time , a criminal complaint
may be filed against you in West Orange County Municipal Court *
Very truly yours , y
.p A I L HUTTON
City Attorney
HUHMW7''M WACH
'r LANNING DEPARTMEW
By t
: CHARLES W. korney
, , JR.
Deputy City 11nN i tmn
CWM ps F. 0. sox 190 1
cc : R. Kirby Hu itinoun Boo. a1hr. WSW •
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIPORNIA 92M
OFFICE OF THE CITY CLERK
f
f
May 19, 1982
Zithey & Hathaway, Attorneys at Law
8081 Stanton Avenue - Suite 306
P. 0. Box 5160
Buena Park, CA 50622
RE: Use Permit 81-40 (Appeal ) M.E. Biddle
I
The City •Council of the City of Huntington Beach at its regular meeting
held Monday, May 17, 1982 continued decision on your appeal to the
June 210 1982 Council meeting.
Please contact this office if you have any questions regarding the
matter.
- i
Alicia M. Wentworth �
City Clerk
AMW:CB: ;s
cc: Jfm Palin, development Services Director
M. E. Biddle
P. 0. .Box 1343
Huntington Beach, CA 92647
ITdopboas 1144l ovi
I
ZO CITY OF HUNTINGTON BEACH
` 2000MAIN STREET CALIF004IA9264
' OFFICE OF THE CITY CLERK
May 4, 1982
M E. Biddle
P.. 0. Box 1343
Huntington Beach, CA. 92647
The .City Council of the City of Huntington Beach at its regular meeting
held Monday, May 39 1982, continued the public hearing `on Councilman
Thdinis' appezl to the denial by the Board of Zoning Adjustments of Use
Permit 81-40 to the May i7, 1982, Council meeting.
If you have any questions , please call the Development Services Depart-
ment - 536-5271 .
Alicia M. Wentworth
Ci ty C1 erk
AMW:bt
J
1Tw f14�i�iltll
i
Superior Court
CW THR
S'rATB or CAL&ORNIA
In and for the County of Orange !!��
CITY OF HUNTINGTON BEACH r .__PROOF 2F PLIBL1 AMoN
CITY CLERK
NOTICE OF PUBLIC HEARING
State of California ) •• '' r
County of Orange
Jeannie L. Thomas
That I am and at all times herein mentioned was a citizen of
the United States,over the age of twenty-one years.anti that 1
am not a party to, not Intereated in the above entitled matter; i
that I am the principal clerk of the printer cif the
Huntington Beach Ind. Review
a nempaper of general circulation,published in the City(if
Huntington beach
a
County of Orange and which newspaper is published for the
disemination of local news and intelligence or a general charac•
ter, and which newspaper at eel times+ herein mentioned had ff
and still has a borA Irrde subscription lint or paying subscribers,
r,
ra
and whkh news per has been established, printed snef pub. ;,=r:
lishred at regular intervals in the n+tid Cuunty of Orange for a
period exteeding one year; that the nntice, of which the �• psi.; rig ;� „, w�, '`
Annesed fa a printed copy, hrs been published in the regular ,` y�. •,;;�' ,=:
and entire isatte of said newspaper.send not in em•supplement
thereof.on the following dates,to wit:
April 22 , 1982
I certify (or declare)under penalty of perjure that the fnreKo-
ing is true-and correct.
Dated tat..6 s r.4 a►'t.All d.v.e.........................
iru,rnia,this .23r.dlay nr . r.M
I.
Signature
100
Publish April 22, 1982
NOTICE OF PUBLIC HEARING
APPEAL TO BZA DENIAL Of
USE PERMIT 81-40
W ICE IS HEREBY GIVEN that a public hearing will be held by the City Council
of the City of Huntington Beach, in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as
possible on Monte. the 3rd day of Key 19 82.
for the purpose of considering Use Permit 81-40, an appeal filed by Councilman
John Thons to the Board of Zoning Adjustments denial of Use Permit 81-40, requesting
to permit the storage and wholesale sales of organic materials on property located
III
south of Ellis Avenue, approximately 600 feet west of Goldenwest Street in the RA-O-CD
(Residential Agriculture combined with oil , Civic) District.
A legal description is on file in the Development Services Office.
i
All interested persons are invited, to attend said hearing and express their
opinions for or against said appeal
further information may be obtained from the Office of the City Clerk, 2WO Main
Strtet, Huntington Beach, California, .92648' - (714) $36-5227
DATf �,i) 20- 1 g82, CITY 0f HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk ,'
NOTICR TO CLM TO SCHIMUIX PUBLIC HARING
1000
ITZM- ---• ,
TO: CITY CIZRK'S WICK DATE: A Jffir
PLWE SCHEDULE A PtMLIC HEARING USING THE ATTACKED LAGAL NWICE FOR THE
AY OF
V101p' • are attached
AP's will follow
I,
I No AP'•
Init`iaCad by:
Planning Commission
Placating Department
Petition
Appeal
'Other
Adoption of Environmental Status
YES No
Refer to E , Platting Department - Extaneton P
Goo
for additional information.
* .If �i l , please transmit .exact wording to be required in the legal.
ti i
NGTC ' BEACH
MTN PLANNING DEFT.
SUPOHOr CAurt APR 1 1m
CIP"M
STATE OR CAUFORNIA P. 0. COX 190
In sad for tare County of Oranp Hurd*,i4L-ar i BW- IF
CITY OF H U N T I N G T O N B E A C H r ,,pk00F Olr PLBL CAT10N
PLANNING
NOTICE OF PUBLIC HEARING
Slate of California 1� i/
County of Ormp ) r"" �r J'X
Jeannitt L. Thomas
That a am and at all tiara heroin mentioned was a citizen of �
the United Slates,over the age of twenty-one year,and that I
ism not a party to,nor intatseted in the above entitled muter,
that I am the principal clerk of the printer of the
Huntington Beach Ind . Review r
s newspaper of asneral circulation.published in the City or "r
T
�H�u��lt�.-atan Bgtsich rtA"iI
y rage and w is rawrpeper is published for the
disornination of local Irene and intelligence of a general charac• 1
ter, and which newspaper at all times heroin mentioned had �• � w'
and still hea a bona fide subeeription list of paying oubscriben,
and which ne,rapaper has been so abliahed, printed and pub•
lirhed at regukr intervals in the amid Canty of Orange for a
period esaeeding one year, that the natice, of which the 1
annexed is a printed copy, has ban published in the regular v +• AV,06 L.
and entire issue of wid novejaper,and not in any suppierasat
therm[.as the following dates,to wit: q i t�
March 25, 1952
I certify (or dodger) under penalty of perjury that the forety
ing is true and correct.
Dated rt.....ci 41'd.a n A.r.o Y R............. ...... .. .
ehlo 26.t.0.day of I .14 9.. ..
3igtrat+�tn
til-40
' I9 l,h'.V 8imir Maw 251 1982 (JR) '
:;�ei�ctly. � eull�k
2207-Rut 3020 8 ,
Stilt L.aioo City, Utah 94109
11��13-�5
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-am- titlgtmai 1r Calif
92648
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Zt k Wallbm*
9300' BLa k Oak Wdy
975Z
110�Z13-12
FOUM P 9a etti
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9Z646
a
IL: E. 0P 906* AWAI 110-212-02
P.O. am.1343 Much 25, 1982 (JH) Cal J Fbimeur
H�itinrgbm lasche Calif 230 Ho�ital-Ci-c].e
92647 mmi Nihfteril Calif
92683
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�■�a Al�ec#,t 11a-210-04 110-212-06
DOn 21202 Ymmmth Lana Isa�balle Mct6tvin Violet IriG�iee
Calif 1100 S Ocem AVWm Apt 3 3324 Wya v&q Circle
92646 IOOM 90802Heerc2a, ►].if �x0oeta I�sa, C1if
-11,0400-03 ]10-210-06 Uo-212-07
P.bUr SONOMA Faces Jd M R SChUW1W Charles rles Carnme
19851 &=Iisa Bay Lane 4832 C3lrtia Circle 1019 Calificxr street
"Iti*ot+ ambe Calif Huntington Beech, Calif Huntingtron Bead, Calif
9264E 92U9 92648
110-200-04 1.10-211r07
J I Heemmay, Louis SPeltz et al
P C). Hoot 3404 471 Walnut Place
Samta Pa Bpringar Calif costa Mesa, Calif
90670 92627
310-200-05 110-210-08 110•••21j-08
mail W, plegal Huntimom Beach Cb.
J.'S Hathaway 2110 Mein Stx'eet f
P.O. WK 3404 Htaatington Beach, C&Uf
Santa To Rom, Calif 90670 92648
1101400-23 UO-210-09 11C1-212-17
Virgins M Dr Nubile Hunt ingtmt Beach Cb Milton on H Mara
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• Calif 225 Hush Street Beverly Hills, C61if
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CITV OF HUNTINGTOW OFEACH
INTER-DEPARTMENT COMMUNICATION
�Itwiwrtrry N K�1
To , City Council From City Att:orne,%-
Subject Biddle Date 17 r.1ay 1982
Agenda Item Dla
The following; is a brief history .of the cases conoterning 71r. Biddl e l a
fertilizer business :
9-9-80 A complaint was filed aL ain,3t tdr. Biddle.
11-17-80 Defendant entered not; L,uil ty plea.
"'. 12-�11-80 Case dismi:zset. in the inrere,t of ,ji�:, t ir_t and the' c9e-
fendant vraa warned that (:he case would be vefil.ed
if he (lid not obtain a proper permit .
2-I.7--81 At the Council meeting John ThoinaG mar' reference to, a
fertilizer plant at Goldenvest and F. t .
7-2--81 received request to prosecute. This request to prose--
cute Blddl.e was for a different location than the prior
prosecution.
-5--81 Pinal notice of violation sent; to fll �lrll e by City nttort;ay ' s
Office.
I0A-81 Complaint f s led.
11-5-81 Defdndant submittel application for use permit .
12-11-81 memo from City Attorney ' s Orf ice to Pat Spencer staring
that while the Noard of Zoning Adjustments may determine
It is . not an approved use, an appl i.at ion should be
accepter: and acted on .
2-17-82 Board of Zoning Adjustments denied applicltio��.
11-6--82 Planning Commission dented appeal .
City .Couricil continued appeal to Flay 17 , 198210
The legal issue . is whother or not this use is allowed in an
Me-no rya ndum to (:i ty COUric i l 17 May 1992
Biddle Page 2
RA: zone. The City Attorney' s 'Office issued an opinion on January 141
:.1.981 that it was an allowed use ,subject to a conditional use permit
( copy•.attactied.
a AIL . IIUTTOtd
City Attorney
GH:AJ? : ah b
Attachment
c.c: City Administrator
Direc -tor of Development .Services
CITY OF HVDITINCTON BEACH c~7.
G? INTER-DEPARTMENT COMMUNICATION
JAN
P. 0. dux 190
To Development :services Director From City At• torncquntingtora 9each. CA 92G�1�
Subject Prosecution for Failure. Date, 1!I January 1981
to . Obtain C . U . P .
In Septembet,, 1980 this of fl.r,e received a Request ror Prosecution
re,ardi.ng I�larvin Biddle, rc�r failure to obtain z conditional use
permit prior to operating hi, fertilizer businvs on property
located in an RA-0-CD zone .
Tile prosecution. was filed rind , as r:k result , Mts. Biddle attempted
to acquire the necessary permit . However , upon N U ng an applica-
tion for the C . U . P . it, was re,iected , wlt:hout: Mr. 13:iddle being
allowed to appear before the Board of Zoning Adjustments .
Huntington Beach Ordinance Code 59601 . 11 addresses the
very type or -activity in which Mr. BIddl.e is enc;:igred , rind that same
may be performed in are RA ,one upon acquiring; Lhe C . U. P.
The basis of" a prosecution t,iader the }Iunt;i.ng.Lon 13t2ar.h Ordinance Erode i
Is to achieve compliance with the coda: wlien one is engaged in an
illegal land use . -However , if Mr. Biddle is, not allowed to apply
for anJ obtain the necessary C . t_1. P . , he %-rill not: be able to comply
with the flc.antington Beach Ordil-Mrice Code . ;'i.nce the cod- itself
makes provision for allowing the subJect; use in the 13A zone , It is
only logical ghat it is expectod to he �ert'ormed theie . Further
� i �
if the city is not going to al.low Mr . Mdril.e to even .att-enipt to
obtain the necessary C . U . P . and Lhereby comply with the Ilun':ingt:on
Beach Ordinance Cocie , how can we , at the ;game time, prosecute him
for non-compliance?
lliierrfore r • • t . , .
hlca�e pr uv.( cic. t:t�.t., ol'fi�c: ta.i h .lr�t'orr,cat;:a.on av to the
rea,ons for, not allowing Mv. Biddle ac7cos ; to the Hoard o t' Zoning
Adjustment;:.: , ,o that; a det,ermLnatlon earl be made a.s to tl}r� propriety
of the pending prosecltLion .
GAIL HUTTON
City At:t:orney
611 CM4
J m
cc : A�t;i,ng City Adrninlatr".atot,
tpa'rles
bert Ki.r•by , Lund Use
Matheis , Jr. , Deputy City Att;orney
CITY OF HUNTINGTON BEW-
2000 MAIN STREET CALIFORNIA 92C18
OFFICE OF THE CITY CLERK
June 249 1982
M. E. Biddle
P. 0.- Box 1343
Huntington Beach,, CA. 92647
The, City Council of the City of Huntington Beach at its regular meeting
held Monday, June• 21 . 1982, continued the public, hearing on Councilmen
Thomas's appeal to the denial by the Board of Zoning Adjustments of Use
Permit 81-40 to the June 28, 1982 Council Meeting.
The meeting begins at 7:30 P. M. If you have any questions, please call
the Development Services Department - 536-5271 .
J
•Al ic`ia M. Wentworth
City Clerk
AMW:CB:bt
CC: Jim Palin, Dir. Development Services
Thhe. •
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