HomeMy WebLinkAbout08-26-1963MINUTES OF THE ADJOURNED REGULAR ~m~i'ING
OF AUGUST 19, 1963 0F THE CIT~ COUNCIL,
CITY OF BANTA ANA, CALIFORNIA
August 26, 1963
The meeting was called to order at 5:00 p.m. in the Council Chambers, City Hall,
217' North Main Street. Roll Call was answered by Councilmen Royal E. Hubbard,
Harry H. Harvey, James Gilmore, Henry H. Schlueter, and Mayor Ac Allen Hall.
cLEP~'S REPORT The Clerk reported that the Regular
Meeting of August 19, 1963 was
adjourned to this time and place by
order of the City Council and
submitted a Certificate of Posting the Order of Adjournment. It was moved by
Counc~ lman Hubbard, seconded by Councilman Schlueter and carried, that the
Certificate he received and ordered filed.
CoU.P. 152, Resolution Affirming the Decision of
FACTORY DEVELOI~(~T the Pl--~tng Commission and Denying
CORPORATION Cond/tional Use~F~rmit N~. 152 filed
by Factory Dove'client Corporation
was before the Council for consideration, action having been continued fr~
A~Ast 19, 1963o M~yor Hall reviewed the actic~ of the Council, noting the
hearing, on the appeal was closed on AU~ASt 5, 1~3, that Council had heard
e~ents fr~ the applicant's representative on August 19, 1~63~ and that a
·rit of Mandamus had been filed. The Council agreed to hear further cc~aent
fr~a interested persons.
Alexander B~wie, representing Segerstrcm and S~ns, refuted statement made by
appellant that the Planning C~ission believed it to be a Council policy
decision, noting that only one member had made the statement and that ~ther
meabers had stressed proposal as an encroachment on industrial district, with
traffic pattern problems. Mr. B~wie pointed out that Council minutes reflect
extensive hearing was held~ appellant had opportunity to present laformation~
factual conditions required by ordinance did not exist as determined by the
Planning C~ission in its denial and by the City Council in its denial of the
appeal.
Da~e Heinly, representing Factory DeveloI~ent Corporation, noted ~hat in the
City there has never been a conditional use permit ~enied because it was the
intent that iff a permitted use met operational stand~x~ls then the ~se weald be
~mi~ ~ t~t --one; that he believed the C~cil's ~eeisi~n
~ the attendee of ~fl~t~al ~du~trial le~e~ ~ th~ ~ ~sie of
the use ~s n~ c~i~er~; that the a~lie~t ~s ~titleA to ~ the ~t
~ ha~ ri~t to have decial~ ~d ~ the
~a~ to be file~ ~th the t~ a~diti~l ~t~ets, Yale ~ ~; that
the pr~osal weul~ n~ ~e ~ot~ental to ~ uae ~ the a~a; ~ aa~ the
C~cil te ~verae its position ~ g~t the e~iti~al ese ~t.
It was ~ved by Ce~meil~an Hubbard, seconded by Co~tucil~an ~arvey, that Council
waive further reading of I~ESOILTX$N A~'FL~X~G ~ DECXSI$N OF T~ PLANNING
CO~$~I~$ION AND DE~YING CONDITIONAL USE ~ ~0. 15~ ~ BY FA6"I~I
~ CORPORATISN. I~asmueh ae motion to w~ive the reading of a resolution
raquiras a unanimous affirmative vote, the motiem was defeated on the
roll call v~ce:
AYE5,
NOES, CSUSC~:
AESENT,
Hubbard, Harvey, Schluoter, Hall
Gilmore
None
CITY C0qNCIL - 191 - August ~6, 1963
The Clerk read in full RESOL~XON AFFIRminG T~E DEC~SION OF THE ~G
C~I~ AND D~fI~G C~ITIONAL USE P~ NO. 1~ FT%.~ BY FACT~ D~-
"BE IT I~E~OL~: That base~ upon the Fin~i~g of Facts of the Plamui~
Coca,lesion, the City C~eil of the City of ~a ~ ~fi~ the
~ciai~ Of the F~ C~ssion
Pe~it ~o. 1~ file~ By FACT0~ D~ CO~TX~, is hereby
Tt Was eyed by Councilman Hubbar. d, seconded by Couneilm~ ~arvey, that the
resolutie~ be aAel~eA. The m~tion failed on the foll~wim~ roll call v~te~
Hubbard, Barvey
Gilmore, Schlueter, Hall
None
RES. 63-138 it was mve~ By C~uneil~a Gilmore,
GRAFTING see~d~ ~ ~ei~ S~lueter,
C.U.P. 1~ that a resoluti~
the P~ C~ssi~
C~i~i~l USO ~t 1~ sub~e~ to a~ ~e~d e~iti~
a~iti~l e~iti~ ~r~ the ~~t ~ Ya~ ~ P~
~e City Artery ea~e~ te Ce~eil'~ att~ti~ a n~ list ef
h~ded h~ by the pla~2 Di~ct~r ~d C~ci~n ~i~ ~d Schl~ter
a~e~ th~ ~h~ ~ ~e~o~t~ ~t9 the ~solutl~.
P~OLUTXO~ 63-1~8 ~V~Un?WG T~E PLAI~ING C~SSI~ A~D GRAFF]~G C~ITI~AL
USE ~ ~. 1~2 F~T~ ~f FACTORY DEYELOF~T CO~ORAT~ was read by title.
Further ree~-=_ of the resolution was waived on ~tien of Councilman H~bbar~,
seceded by Ce~ueil~a~ Earvey, with the Chairman casting a ~a~l~eu~ v~ce of
the C~Ancil in the absence ef any objection.
Alexander Belie remarked that inasmuch as there ~ere ne~ ee~itio~e, it see~ed
i~prO~er for the C~eil to ~verse its decisi~ ~ith~t c~u~g a a~
hear~ so that all ~te~ate~ ~ies ~t be ~esent ~ gi~ the ~e~ity
to ~ heard. ~m. ~e ~r, 9~ N. ~11 c~ ~h ~. ~e, s~st-
~ :the C~eil all~ itse~ t~e to stu~ the n~ e~diti~ ~ n~ act
h~ie~.
~ayor Hall observed that the oml~ conditions cha~ed were the a~itt~ ef the
~vel~nt of t~ st~ets that ~ ~lieve the traffic prebl~s. ~. He~
state~ t~t these e~iti~s ~re ~e ~lie ~ J~e 19~ 1~3~
ab~t the e~t, ~ that ~ the tw~ streets ha~ %~n eh~ed. C~ell-
~ ~y c~t~ ~ the t~ffie p~Bl~ that ~ld be
The ordinal ~tie~ By C~Aue~u-~ Gilmore, sec~ed by C~e~ 9ehl~ter,
ca~ied ~ the foll~ ro~ call vote:
AyUq, C~: Gilmore, ~chlueter,
NOES, C~r~CIL~: Hubbard, ~arvey
ABSENT, C~9]~XL~E~: ~one
It was moved by Counc~w~ Harvey, seC~mded by Councilw~n Gilmore that Ox~inance
NS-680 be adopted. On roll call vote: .
AYF~, COUNC~:
NOES, COU~C iLMEN:
ABSENT, COUNC~:
Harvey, Gilmore, Hall
Hubbard, Schlueter
None
RES. 63-128, ~INGER BES0LUTI01~ 63-128 AuTnsRXZING
STBEmA' COND~NATION COND~NATION FOR THE ~IDlING OF
~INGER A¥~u~ B~ ~ROADNAI
AND BRISTOL was read by title. It
was moved by Counci~ Hubbard, seconded by Councilman Gilmore, that further
reading be waived and Resolution 63-128 be adopted. On r~ll call vete:
AYES, COUNCIl:
NOES, COUNCILM~:
ABS~T, COUNCIIAI]~:
Hubbard, Harvey, Gilmore, Schlueter, Hall
None
None
FIR~ STRmm-r U~DERPASS On motion of Councilman ~ubbard,
seconded By C~ei~ S~1ueter ~d
ca~ie~, Co~cil a~ ~ authorize~
~e~ti~ of ~ a~e~n~ ~th the
Southe~ Pacific C~y rega~i~ the const~i~ of the First ~tr~t
~de~ss.
CIVIC DEVELOPMENT ZONING Mrs. Loule Boer, 912 N. Lowell,
submitted a letter requesti~ a
written opiniou on the legality of
allowing CD z~in~ in any area other
than on the perimeter of the Civic Center and' ask~n~ that a similar question
and answer by the City Attorney be included in the August 5, 1963
She asked that copies of the letter be given to each Councilman so that it
might be considered at the next meeting. On motio~ of Councl~-n Hubbard,
seconded by Councilman Schlueter and carried, the letter was received and
ordered filed.
ADJOURNMENT
There being no further business to
cc~e before the City Council, the
meeting was adjourned at ]~0 p.m.
DORIS M. BROWN
CLERK OF T~E cOuNCIL
CITY COUNCIL - 193 - August 26, 1963