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HomeMy WebLinkAbout1973-03-06MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY - MARCH 6, 1973 - 7:00 P.M. - REGULAR MEETING COMMISSIONERS PRESENT: Bazil, Kerins, Porter, Wallin, Boyle, Higgins. Commissioner Geiger arrived at 7:20 P.M. COMMISSIONERS ABSENT: None, NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. INTRODUCTIONS: Chairman Porter introduced the following individuals: Jim Burns, Student, UCI; Miss Denice Otto, PIO Assistant; John O'Conner, Deputy City Attorney. MINUTES ON MOTION BY BOYLE Ste— BY KERINS, THE MINUTES OF JANUARY 30, 1973 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins' NOES: None ABSENT: Geiger CONSENT CALENDAR - ITEMS TO BE CONTINUED, WITHDRAWN OR TIME EXTENSION ON MOTION BY KERINS SECOND BY WALLIN, THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger TENTATIVE TRACT NO. 8166 in conjunction with USE PERMIT NO. 72-83, Lincoln Properties Approve withdrawal at the request of the applicant. 1. 3/6/73 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 2 ZONE CASE NO. 73-4, Initiated by the Planning Commission Withdrawn TENTATIVE TRACT NO. 7743 in conjunction with USE PERMIT NO. 72-829 J.M.C. CONSTRUCTION CO. Continued to March 20, 1973 at the request of the applicant. CONDITIONAL EXCEPTION NO. 72-18 in conjunction with DIVISION OF LAND NO. 72-42, Kenneth K. Rogers Approve withdrawal at the request of the applicant. TENTATIVE TRACT NO. 8139, Robert Stellrecht Continued to March 20, 1973 at the request of the applicant. REGULAR AGENDA ITEMS TENTATIVE TRACT NO. 8039 (Continued from 2/21/73) In conjunction with USE PERMIT NO. 72-64 (Continued from 2/21/73) Applicant: Huntington Harbour Corp. Tentative Tract No. 8039 is a request for 2 lots, 175 units, on approximately 11.626 acres of land located 300 ft. north of Warner Avenue, 300 feet northeast of Pacific Coast Highway. The Use Permit request is to allow the construction of a planned residential development on 12.7 acres of land, consisting of 175 units and related amenities and facilities in the R2 Medium Density Residential District, R3 Medium High Residential District. The property is master planned Medium Density. The Acting Secretary, Jim Palin, stated that a meeting had - been held with the property owners as a result of the Subdivision Committee's recommendation to pursue a secondary 2. 3/6/73 I 1 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 3 access to the project. The meetEng was held March 5, 1973. Mr. Cake of the commercial shopping center was present and Mr. Lee Norris of Exxon Co. Mr. Norris later, by telephone, stated that Exxon would be willing to grant a 28 ft. easement over the service station. A report has been submitted by the City Engineer relative to access to Tract 8039. The Environmental Review Board report has been provided Commis- sioners as well as correspondence from the Environmental Council and the Sunset Beach Chamber of Commerce. The Chairman opened the public hearing on Use Permit No. 72-64. Commissioner Geiger arrived and assumed his duties. Mr. Don Byrnes, Vice President, Huntington Harbour Corp. addressed the Commission speaking in favor of the. proposed development. He stated the applicant agrees with. the staff recommendations but requested rewording.of the condition relating to water quality conditions and the Corps of Engineers. Mr. A. W. Knox, Huntington Harbour Property Owners'Asso- ciation addressed the Commission, stating that the Association favored most of the proposed project but was concerned about the width of streets within the development, the lack of on -street parking and the encroachment.of. balconies and second story bedrooms into the setbacks. It was his recommendation that the minimum setback from any side yard or water be ten feet, that more on -site parking be provided and that all street widths be the same as required for public streets. Carl Duncan, Fire Department, stated that the Fire,.Depart- ment has reviewed the plan and the street widths as speci- fied are adequate from the standpoint of accommodating emergency equipment. He stated that emergency access can be taken from the waterways if necessary. Insofar as secondary access across the service station property is concerned, he stated that the department does not like to use secondary access ways and that the judgment that the street widths as specified are adequate is not based on any reliance on a secondary means of access to the property. Mr. Thomas Whaling, a property owner in the area, addressed the Commission relative to what he believes are deficiencies in the environmental impact report on the project. He feels that the Environmental Review Board has amborgated'its 3. 3/6/73 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 4 responsibility by contracting with a consultant for the preparation of the report. He feels the report is deficient with regard to water quality in the harbor and traffic handling capabilities of Pacific Coast Highway with regard to capacity and bridging across any cut from the harbor to the ocean. Mrs. Margaret Carlberg, Environmental Council, addressed the Commission stating that the factor of liquefaction within the harbor should be made known to prospective buyers and pointed out that bicycle trails through the development have not been provided nor is public access to the water proposed. Mr. Al Kaufer, attorney for Huntington Harbour Corp., addressed the Commission concerning proposed conditions of approval. He requested Condition 10 be reworded to require that all orders of the Regional Water Quality Control Board be complied with and -to require compliance with all rules and regulations of the Army Corps of Engineers and to obtain all necessary Corps permits. Mr. Kaufer further suggested that Recommendation No. 4 of the Environmental Review Board be changed to contain the same language as the agreement between the City and Huntington Harbour Corp. on Final Tract No. 8005. This condition is relative to the installation of a sanitary sewer system for each boat slip. Mr. Kaufer objected to the proposed requirement to have the corporation bear a pro -rats share of the cost of the installation of a traffic signal at the intersection of Sharkskin Lane and Pacific Coast Highway. Mr. Kaufer stated that an application will be filed with the California Coastal Zone Conservation Commission, South Coast Regional Commission and that the applicant will comply with all requirements of that body. City Engineer Bill Hartge stated that State traffic warrants must be met prior to the State issuing a permit to the city for the installation of a traffic signal at Sharkskin Lane and Pacific Coast Highway. Mr. Hartge stated that a reduction in the time required for processing a request for signalization by the State will be reduced by approx- imately a year and one-half if funding is not a factor. Mr. Hartge stated that individual sanitary sewers should be required for each boat slip. If this doesn't work, the de- veloper -should come back to the Commission and ask for relief. Mr. Hartge stated that in his opinion, because Tract 8005 is so_far,ahead of this development, that the developer will have plenty of time to determine its feasibility. 4. 3/6/73 Minutes: H.B. Planning Commission Tuesday, March 6, 1973tn Page 5 Mr. Don Byrnes, Huntington Harbour Corp. requested the Commission to vote on Tentative Tract No. 8039 on the basis of concurrence by the applicant with the recommendations of the staff, with the Environmental Review Board recommendation in principle, except for Condition No. 9 relating to payment for the signal installation. He felt it was not fair for the developer to have to pay for the signal and that it sets a precedent. Acting Secretary Jim Palin stated that the subject of the Least Tern, a bird on the list of endangered species, both federal and state, was relative to Tract No. 8040 as well as Tract No. 8039, the next item on the agenda. The subject was discussed at length by the Environmental Review Board. Mrs. Margaret Carlberg addressed the Commission concerning the Least Tern. She stated that the VTN environmental impact statement recommended a delay in construction until after the nesting season or the creation of a barrier between the construction and nesting area of a distance sufficient to preclude disturbing the nesting birds. Mrs. Barbara Massey, a biologist who did her thesis on the Least Tern, addressed the Commission concerning the habits and habitats of the birds. The Chairman closed the public hearing. A vugraph was shown indicating the location of the nesting areas of the Least Tern in relation to the proposed develop- ments. A second vugraph was shown indicating alternate locations for nesting sites proposed to be constructed. The Acting Secretary stated that initially it was proposed that alternate nesting site No. 1 would be constructed and available to the Least Tern on its flyby which is estimated to be about April 1. It is possible that the terns may arrive sooner and as there is not sufficient time now to accomplish construction of the new site since the materials used must age. The Board recommends that the existing site remain undisturbed and no construction take place on the site (Tract 8040) until such time as it was definitely determined through a monitoring of the site that no nesting was taking place. It is estimated that this would not be known until about June 1, 1973. The existing nesting site would remain undisturbed during this nesting season if there are in fact, birds nesting. 5. 3/6/73 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 6 Mr. Ernest Russell, Bureau of Sport Fisheries and Wildlife, addressed the Commission and stated that his agency would like to be involved in the monitoring of the site and thought that the State Department of Fish and Game would like to be involved and that perhaps Mrs. Massey could be involved from the local level. The following conditions of approval of Tentative Tract No. 8039 and Use Permit No. 72-64 were proposed by the Commission: 1. The Tentative map and precise plan received February 21, 1973 shall be the approved layout. 2. A decorative masonry six foot wall shall be constructed along the westerly property line of Tentative Tract No. 8039 and all locations between existing and proposed structures. At locations adjacent to open space . within,both complexes there shall be open type decorative six foot fencing for visual appearance. Design and - materials of all walls and/or fencing shall bE approved by the Department of Public Works and Planning Department. 3. The CC&R's and Association rules shall contain a clause prohibiting the storage of boats or trailers. 4. The CC&R's shall contain a provision limiting the total number of votes allocated to rental units to 49 percent of the total number of votes of the association. S. The details of the termination of Sharkskin into the project to the east, Tentative Tract No. 8040, shall be subject to approval by the Planning Department and Department of Public Works. 6. If a harbor maintenance district is formed prior to the sale of all the units within the project, the unsold units shall annex to the maintenance district. 7. Provisions shall be made to minimize accelerated weathering of the building exteriors and shall be approved by the Planning Department. 8. A lighting system shall be installed on all private streets with illumination at least equal.to lighting on public streets. A lighting plan shall be submitted to the Department of Public Works for approval.,-..-- 6. 3/6/73 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 7 9. The emergency access driveway around the tennis court shall be constructed of a stamped concrete. Color, material and driveway section to be approved by the Department of Public Works and Planning Department. 10. All orders of the Regional Water Quality Control Board shall be complied with. 11. No dredging, bulkhead or waterfront construction shall take place prior to review and approval by the Corps of Engineers and all required Corps permits have been obtained. 12. The developer is required to install sanitary sewer facilities for each slip within Tract No. 8039. A sewer lateral shall be installed to the bulkhead line at the location of each dock ramp. 13. The developers of Tracts 8039 and 8040 shall be re- quired to bear the cost of a traffic signal at the intersection of Sharkskin Lane and Pacific Coast Highway. The cost of such signal to be shared at a ratio based on the number of dwelling units within each tract. The signal is to be installed as soon as possible upon recordation of the final tract maps. A bond shall be posted by the developer in the amount of the developer's pro-rata share of the cost. 14. Disposal of building spoil -unusable lumber, tarpaper, wire, pipe and other excess or unusable waste shall be disposed of at off -site facilities equipped to handle them. 15. Full insulation of all exterior walls and ceilings of the dwelling units shall be required to help minimize the burden of heating and cooling systems. 16. Floatible debris originating in Tract 8039 shall be prevented from entering the harbor by the installation of baffled storm water catchment basins. 17. Property owners of the development shall be afforded the opportunity of obtaining membership in the Huntington Harbour Beach Club. 18. No building shall be constructed closer than ten feet to the bulkhead line. 7. 3/6/73 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page 8 19. The proposed nesting site #1 for the Least Tern on the Naval Weapons Station should be constructed immediately per proposal for Relocation of Seasonal Nesting Sites of the California Least Tern as prepared by E.I.R.I. dated January 1973. In the event the nesting material cannot be relocated prior to April 1, 1973, the existing nesting area must remain undisturbed until August 15, 1973 with removal of material from a location on site at least 300 ft. away from the nesting area. In no case shall the . nesting site be destroyed during the 1973 nesting season. The nesting area shall be fenced to prevent distur- bance from humans and domestic animals provided the Least Tern returns to this nesting area during the 1973 season. The City will pursue with the Bureau of Sport Fisheries and Wildlife, the State Department of Fish and Game and Mrs. Barbara Massey monitoring of the site after April 1 to determine whether the birds are nesting. In no case shall construction be permitted within 300 ft. of the nesting site during the 1973 nesting season. 20. No permits for construction of the project shall be issued prior to approval of the California Coastal Zone Conservation Commission, South Coast Regional Commission. 21. All conditions of the standard conditions of approval of all tentative tract maps dated May 23, 1972 that are applicable shall be complied with. Because of the complexity of the proposed conditons, a motion was made by Porter, second by Wallin, to continue Tentative Tract No. 8039 and Use Permit No. 72-64 to March 20, 1973 to allow the proposed conditions to be drawn up and reviewed by the City Attorney prior to'final approval by the Commission. Chairman Porter asked Mr. Don Byrnes, Huntington Harbour Corp. if he would concur with the con- tinuance. Mr. Byrnes stated that he did not concur with the continuance. The -motion was tin withdrawn. ON MOTION BY PORTER SECOND BY WALLIN, TENTATIVE TRACT NO. 8039 WAS DENIED FOR THE FOLLOWING REASONS BY THE FOLLOWING ROLL CALL VOTE: 1 L 1 l - ^I / � I-1 11 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 9 1. THE DESIGN OF THE SUBDIVISION IS LIKELY TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE AND SUBSTANTIALLY AND AVOIDABLY INJURE FISH OR WILDLIFE OR THEIR HABITAT (BUSINESS & PROFESSIONS CODE SECTION 11549.5); SPECIFICALLY THE LEAST TERN. 2. THE PROPOSED SUBDIVISION IS NOT CONSISTENT WITH APPLICABLE AND GENERAL SPECIFIC PLANS. 3. THE APPLICANT IS NOT AGREEABLE TO CONTINUE THE MATTER UNTIL MARCH 20, 1973 TO ALLOW CONDITIONS OF APPROVAL TO BE DEVELOPED AND REVIEWED BY THE CITY ATTORNEY'S OFFICE. AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ON MOTION BY BOYLE SECOND BY KERINS, USE PERMIT NO. 72-64 WAS DENIED FOR THE REASON THAT TENTATIVE TRACT NO. 8039 WAS DENIED, BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Discussion on Tentative Tract No. 8039 and Use Permit No. 72-64 concluded at 10:15 P.M. TENTATIVE TRACT NO. 8040 (Continued from 2/21/73) Applicant: La Solana Corp. Tentative Tract No. 8040 is a request for 129 lots on 46.12 acres of land located 300 ft. northeast of Pacific Coast Highway and approximately 700 ft. north of Warner Avenue. The property is master planned Low Density. The Acting Secretary stated the information on the pre- ceeding item concerning the nesting sites of the Least Tern was pertinent to this proposed development. Mr. Robert Jones, Jones & Hom, planners and architects on the project, addressed the Commission speaking in favor of the project. 9. 3/22/73 Minutes: H.B. Planning Commission Tuesday, March,6, 1973 Page 10 Mr. Alan Kaufer, attorney for the applicant, reviewed the proposed conditions of approval. Mr. Kaufer offered the following comments. Condition No. 8. Change word "public" to "private" since all streets within the development are proposed to be private streets. Condition No. 9. Request the condition be phrased as the existing agreement between the City and Huntington Harbour Corp. Condition No. 13. Request rephrasing to require compliance with all rules and regulations of the Water Quality Control Board and to require the developer to obtain all necessary permits from the Army Corps of Engineers. Mr. Kaufer stated that the developer wants to work in the dry lagoon as soon as possible and that this would not require a permit from the Corps of Engineers. With reference to the Environmental Impact Report on Tentative Tract No. 8040, Mr. Kaufer stated that comments and/or recommendations of the consultant and the Environmental Review Board No. 1 and 2 be disregarded as they do not apply or are not within the power of the applicant to control. Mr. Kaufer agreed to comply with Recommendation No. 7. Mr. Kaufer objected to Recommendation No. 11. Mr. Kaufer stated that he did not object to Recommendation No. 13 if this is a standard requirement throughout the city, however, if it is individually_imposed, he did object to the requirement. Mr. Kaufer stated that Recommendation No. 14 should be limited to debris originating in Tract No. 8040. Relative to the Least Tern nesting site, Mr. Kaufer made the following proposal: If the birds do not return to the nesting site there is no problem. If they do, La Solana will construct a new site prior to the next season and will not disturb the existing site and will not commence any. construction on Tentative Tract No. 8040 until after August 15, 1973. Mr. Thomas Whaling addressed the Commission.concerning the bridging of a possible cut from the harbor to the ocean, the bacteriological condition of Huntington Harbour is poor and that there has been no economic study made on services required by the proposed development. Barbara Massey addressed the Commission stating that the proposal suggested by Mr. Kaufer concerning the Least Tern nesting site is acceptable to her. She stated that it can be determined by July 1, 1973 whether or not the terns will be nesting on the property. Dr. Stewart Warner, California State University -Long Beach 10. 3/6/73 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 11 discussed the nesting habits of the California Least Tern. He stated that a Board has been created to supervise the construction of an alternate nesting site on the Naval Weapons Station property and that this Board can monitor the existing nesting site on the Tract 8040 property to deter- mine whether the tern returns to nest there during the 1973 nesting season. Mr. Russell Ernest, Field Supervisor, Bureau of Fisheries and Wildlife stated that under Federal law, his Bureau would have no authority unless the terns were present on the property. If the terns are present, to disturb then would be a violation of Federal law and his Bureau would have authority to protect them. Proposed conditions of approval discussed by the Commission were as follows: 1. The tentative tract map received October 10, 1972 shall be the approved layout. 2. A homeowners's association shall be formed to guarantee perpetual maintenance of common areas. The CC&R's and deed restrictions shall contain a provision re- quiring that the owners of all lots shall own an un- divided interest in the common area and shall automatically become members of the association. The Planning Department and Legal Department shall approve the CC&R's deed restrictions and association rules. 3. All streets within the project shall be private streets and construction shall meet the requirements of the Department of Public Works. 4. The twenty-eight foot wide street adjacent to lot "K" shall be posted for one-way traffic. 5. Sharkskin Lane shall be terminated in a manner approved by the Department of Public Works and Planning Depart- ment. 6. The detail of the intersection of the sand beach with the bulkhead shall be approved by the City Engineer and Director of Harbors and Beaches. 7. The Board of Zoning Adjustments shall approve the 11. 3/6/73 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page 12 placement of all homes on the lots prior to the Lime of initial construction. 8. The Board of Zoning Adjustments shall approve the location of walkways adjacent to private streets. 9. Sewage disposal system for the boats shall be approved within lot "C", the private marina in a manner approved by the Department of Public Works and Department of Harbors and Beaches. A sewer lateral shall be installed to the bulkhead line at the location of each dock ramp. 10. The developer is required to install sanitary sewer facilities for each slip within Tract No. 8040. A sewer lateral shall be installed to the bulkhead line at the location of each dock ramp. 11. An easement as required by the Department of Public Works shall be provided over all water mains. 12. If a harbor maintenance district is formed prior to the sale of all units within this project, the unsold lots shall annex to the maintenance district. 13. A lighting system shall be installed on all private streets with illumination at least equal to lighting on public streets. The lighting plan shall be sub- mitted to the Department of Public Works for approval. 14. The developer shall comply with all orders of the Regional Water Quality Control Board. 15. No dredging, bulkhead or waterfront construction shall take place prior to review and approval by the Corps of Engineers and all required Corps permits have been obtained. 16. The developer shall be responsible for the management and maintenance of the tidal bay until it is turned over to the Homeowner's Association which cannot take place until 51% of the development is occupied or until the City is satisfied that the system is satisfactory. 1 1 12. 3/6/73 Minutes: 11. B. Planning Commission Tuesday, March 6, 1973 Page 13 The developer shall install a pumping system. The plan for such pumping system shall be approved by the Department of Public Works. 17. The developer shall construct alternate nesting site #1 for the California Least Tern prior to the 1974 nesting season on the Naval Weapons Station. If it is deter- mined that no terns are present on the existing nesting site by July 15, 1973, the developer may destroy the existing nesting site. If it is determined that terns are present on the existing site, the nesting site may not be disturbed during the 1973 nesting period. In no case shall any construction commence on Tentative Tract No. 8040 until after August 15, 1973 if terns are present on Tract No. 8040. The con- struction of the new nesting site shall be accomplished under the supervision of those persons as approved by the Planning Commission. The determination of the presence of the Least Terns on Tract No. 8040 shall be made by persons as approved by the Planning Commission. The nesting area shall be fenced to prevent dis- turbance from humans and domestic animals provided the Least Tern returns to this nesting area during the 1973 season. 18. The developers of Tracts No. 8039 and 8040 shall be required to bear the cost of a traffic signal at the intersection of Sharkskin Lane and Pacific Coast - Highway. The cost of such signal to be shared at a ratio based on the number of dwelling units within each tract. The signal is to be installed as soon as possible upon recordation of the final tract maps. A bond shall be posted by the developer in the amount of the developer's pro-rata share of the cost. 19. Disposal of building spoil -unusable lumber, tarpaper, wire, pipe and other excess or unusable waste shall be disposed of at off -site facilities equipped to handle them. 20. Full insulation of all exterior walls and ceilings of the dwelling units shall be installed to help mini- mize the burden of heating and cooling systems. 13 3/6/73 Minutes: H.B. Planning Commission Tuesday, March 6, 1973 Page 14 21. Floatible debris originating in Tract No. 8040 shall be prevented from entering the harbor by the installa- tion of baffled storm water catchment basins. I- 22. No permits for construction of the project shall be issued prior to approval of the California Coastal Zone Conservation Commission, South Coast Regional Commission. 23. All conditions of the standard conditions of approval of all tentative tract maps dated May 23, 1972 that are applicable shall be complied with. Because of the complexity of the proposed conditions, Chairman Porter asked the applicant if he would agree to a continuance to March 20, 1973 to allow the proposed conditions to be drawn up and reviewed by the City Attorney. Mr. Kaufer agreed to the continuance to March 20, 1973. ON MOTION BY KERINS SECOND BY BAZIL, TENTATIVE TRACT iNO. 8040 WAS CONTINUED TO MARCH 20, 1973 TO ALLOW THE PROPOSED CONDITIONS OF APPROVAL TO BE DRAWN UP AND REVIEWED BY THE CITY ATTORNEY, BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Chairman Porter suggested that in the future, Environmental Review Board comments and recommendations be reviewed by the Planning Commission at a meeting prior to Commission's consideration of the proposed tract. It was determined that this matter will be discussed further at a future study session of the Commission. Chairman Porter suggested the staff prepare a report for the Commission on the number of vehicle trips generated by various types of developments. The Chairman called a recess at 11:20 P.M. The meeting was reconvened at 11:28 P.M. 14. 3/6/73 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page 15 CONDITIONAL EXCEPTION NO. 73-5 (Continued from 2/21/73) Applicant: EXXON Co., U.S.A. Conditional Exception No. 73-5 isa request to permit the construction of a sign at 52 ft. overall height in lieu of Section 9764.3.2 of the Huntington Beach Ordinance Code which sets a miximum height limitation of 25 feet. The proposed sign is located at the northwest corner of Main Street and Ellis Avenue. The Acting Secretary stated that this matter has been re- ferred by the Board of Zoning Adjustments to the Planning Commission for final action. Slides of the sign were shown. The Chairman opened the public hearing on Conditional Exception No. 73-5. Mr. Allen Hart, representing Exxon Co., U.S.A. addressed the Commission speaking in favor of the proposed sign at 52 ft. overall height. Mr. Hart stated that this was an exceptional circumstance since the service station is located behind Denny's Restaurant and takes 60 to 75_per- cent of its business from Beach Blvd. Mr. Hart stated that at the time of construction of the service station, the permitted height of the sign was 52 ft. The Chairman closed the public hearing. It was the consensus of the Commission that the service station is oriented to the shopping center and Main Street, not Beach Boulevard. ON MOTION BY WALLIN SECOND BY BAZIL, CONDITIONAL EXCEPTION NO. 73-5 WAS DENIED BY THE FOLLOWING ROLL CALL VOTE FOR THE FOLLOWING REASONS: 1. No hardship has been demonstrated. 2. The service station is oriented to the shopping center and Main Street, not to Beach Blvd. AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None 15. 3/6/73 Minutes: H.B. Planning; Commission Tuesday, March 6, 1973 Pave 16 CONIJITIONAI. EXCEPTION i�o. 7.3-4 - APPEAL Applicant: Exxon Co., USA Appellant_ Allen J_ Hart, Agent for Exxon Co., USA Conditional Exception No. 73-4 is a request to permit an existing sign to remain at 62 ft. overall height with a reduction in square footage from 168 sq. ft. to 141 sq. ft. The subject sign is located at 20001 Beach Blvd. The appeal is to the decision of the Board of Zoning Adjustments to deny the application. The Chairman opened the public hearing on the appeal to denial of Conditional Exception No. 73-4. Slides of the sign were shown. Mr. Allen J. Hart representing Exxon Co., USA was present to answer any questions. He stated that the 62 ft. height was required because of the topography of the site and surrounding property and the high speed traffic on Beach Blvd. The Chairman closed the Public Hearing. ON MOTION BY WALLIN SECOND BY PORTER THE APPEAL TO THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS'WAS DENIED BY THE FOLLOWING ROLL. CALL VOTE FOR THE FOLLOWING REASON: I. No hardship has been demonstrated and the proof of the lack of hardship is demonstrated by the Mobile service station across the street from the subject site which has the same exposure but has a lower Qrade and a lower sign. AYES: Geiger. Bazil., Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Commissioner 4%allin requested that the transmittal reflect the fact that the Gulf station on another corner of the intersection has Pone out of businoss. IJSF PERMIT' NO. USE PERMIT NO. USE PERMIT Nil. 73-3 73-5 APPEAL 73-6 J 1 1 16. 3/6/73 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page-17 Applicant: James Montgomery Appellant: Katherine Wallin, Planning Commissioner Subject use permits are to allow the construction of there 24 unit (Total of 72 units) apartment complexes on property located on the west side of Holly Street, 185 ft. south of Garfield Avenue in the R3 Medium High Density Residential District. The appeal is to the decision of the Board of Zoning Adjustments to approve subject use permits. The Acting Secretary stated that the staff has been unable to contact the applicant and that no formal request has been received to withdraw two of the use permits. A site plan was posted. Commissioner Wallin stated that the reason for her appeal is because the layout of the project indicates that they are three related projects and this subverts the intent to get a total package and that she is concerned with the master plan study in the area since the subject project is in the area proposed for industrial use. The Chairman opened the public hearing on the appeal to USE PERMITS Nos. 73-3, 73-5, 73-6. Mr. James Montgomery addressed the Commission and stated that there were three separate applications filed because he has tentative sales for two of the lots. Each applica- tion covers a separate lot with an apartment complex on each lot. Mr. Martin Quartic, 19802 Crystal Street, addressed the Commission, stating that he has a yard, office and repair shop which backs up to the subject property and he doesn't feel the residential development is compatible with the surrounding industrial uses. Mr. Les Miller, Miller & Weaver, 19061 Crystal, addressed the Commission stating that he has a yard operation is the area and opposes residential development for the same reason as Mr. Quartic. The Acting Secretary stated that the Planning Commission can condition the use permits to require compliance with apartment standards. The Chairman closed the Public Hearing. 17. 3/6/73 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page 18 ON MOTION BY WALLIN SECOND BY BOYLE, THE DECISION ON THE APPEAL ON USE PERMITS NOS. 73-3, 73-5 and 73-6 WAS CONTINUED TO APRIL 17, 1973 TO ALLOW THE COMMISSION TO REVIEW THE LOWER PART OF THE INDUSTRIAL AREA AND IN GERERAL DETERMINE HOW IT RELATES TO STUDY AREA D, BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None PRECISE PLAN ALIGNMENT NO. 73-1 Initiated by the Planning Commission Precise Plan Alignment No. 73-1 proposes five alternate precise plans of street alignment within the area generally bounded by Talbert Avenue on the north, Beach Blvd. on the east, Taylor Drive on the south and the railroad tracks on the west. Mr. Edward Selich, Planning Department, presented the five alternate plans and discussed possible relocation of the park and school site and probable alignment of the Route 39 Freeway. Vugraphs of the several alternate plans de- signated as IA, 1B, 1C, 1D and lE were shown. The Chairman opened the public hearing on Precise Plan Alignment No. 73-1. Mr. Ronald Russell, President of the Five Points Homeowners Association addressed the Commission in opposition to the adoption of Precise Plan alignment No. 73-1 because it would distrupt the proposed development plans of the park. Mr. Russell reviewed the history of the park site and cited a letter from Mr. Tom Severns which stated that development plans for the park were in progress and that construction was expected to start within a few months. Mr. Russell submitted a petition signed by residents in the area. Mr. Nick Oprian, representing Commission inquiring as to the and who would develop it. Bolsa Tile Co., addressed the width of the proposed street 1 1 18. 3/6/73 1 1 L 1 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page 19 City Engineer Bill_Hartge stated that the city would put in half of the street along the school property. There being no one further present to speak, the Chairman closed the public hearing. ON MOTION BY BAZIL SECOND BY GEIGER, PRECISE PLAN ALIGNMENT NO. 73-1, ALTERNATE PLAN 1C WAS ADOPTED BUT INCLUDING ONLY THE SEGMENT OF THE WESTERLY NORTH -SOUTH STREET ALIGNMENT, BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Chairman Porter stated that an alternate park site bordering along Taylor Street, if it could be worked out in the near future, would be desirable. Mr., Porter stated that the reason for the precise plan is to eliminate the possibility of additional traffic off Taylor Street. DIVISION OF LAND NO. 72-43 Applicant: W..P. -Weatherly W .ON MOTION BY KERINS SECOND BY BOYLE, DIVISION OF LAND NO. 72-43 WAS CONTINUED TO MARCH 209 1973, BY THE FOLLOWING ROLL CALL VOTE: 'AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None CODE AMENDMENT NO. 72-31 (Continued from 2/6/73) The purpose of Code Amendment No. 72-31 is to amend Article 984 from a Use Permit procedure to a Conditional Use Permit Procedure for approval of Planned RosidentiAl Developments. The Chairman opened the Public Hearing on CA 72-3 r ' ON MOTION BY.RERINS SECOND BY HOYLE, CODE AMENDMENT NO. 72-31 WAS CONTINUED TO MARCH 20, 1973, BY THE FOLLOWING ROLL CALL VOTEf. 19. 3/6/73 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page 20 AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None CODE AMENDMENT NO. 73-12 Code Amendment No. 73-12 proposes to amend Section 9730.26 and add Sections 9730.27 through 9730.27.9 concerning care of non -related persons. The Chairman opened the Public Hearing on CA 73-12 ON MOTION BY BOYLE SECOND BY KERINS CODE AMENDMENT NO. 73-12 WAS CONTINUED TO MARCH 20, 1973 BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Little Bit of Mexico -Appeal Appellant: Katherine Wallin,Planning�Commissioner Commissioner Wallin has appealed the Building Director's approval for a change of copy on an existing non -conforming sign*at the Little Bit of Mexico Restaurant, 17502 Beach Blvd. The Chairman opened the hearing on the appeal. Mr. Alexander, operator of the restaurant was present. The Chairman asked Mr. Alexander if he would agree to continuing the hearing on the appeal to March 27, 1973. Mr. Alexander stated that he agreed to the continuance. ON MOTION BY KERINS SECOND BY BOYLE, THE HEARING ON THE APPEAL WAS CONTINUED TO MARCH 27, 1973, BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None 20. 3/6/73 1 1 Minutes: H. B. Planning Tuesday, March 6, 1973 Page 21 Commissioner Wallin requested an opinion from the City Attorney relative to the legality of the sign. Mr. Joe Abandonato was present and requested permission to address the Commission on an appeal to UP 73-4. The Chairman informed Mr. Abandonato that a hearing on the matter is scheduled for March 20, 1973 and that would be the proper time to address the Commission. PRESENTATION - HOUSING ELEMENT RESOLUTION NO. 1108 Resolution No. 1108 recommends adoption of the Housing Inventory Phase I of the Housing Element'to the General Plan. No action was taken by the Commission on this matter. RESOLUTION NO. 1110 Resolution No. 1110 is a resolution of the Planning Com— mission of the City of Huntington Beach recommending approval of Master Plan Amendment No. 73-2. ON MOTION BY KERINS SECOND BY BOYLE, RESOLUTION NO. 1110 WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE:. AYES: Geiger, Bazil, Kerins, Porter, Boyle, Higgins NOES: Wallin ABSENT: None RESOLUTION No. 1111 Resolution No. 1111 is a resolution of the Planning Com- mission of the City of Huntington Beach recommending approval of Master Plan Amendment No. 72-9. ON MOTION BY KERINS SECOND BY BOYLE, RESOLUTION NO. 1111 WAS APPROVED BY THE FOLLOWING ROLL CALI. VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None 21. 3/.6/73 Minutes: H. B. Planning Commission Tuesday, March 6, 1973 Page 22 ADJOURMNENT ON MOTION BY BOYLE SECOND BY KERINS, THE MEETING ADJOURNED AT 1:25 A.M. TO A STUDY SESSION AT 7:00 P.M., MARCH 13, 1973, BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None K.A. Reynolds Marcus M. Porter Secretary Chairman 1 22. 3/6/73