Loading...
HomeMy WebLinkAbout1973-03-20HUNTINGTON BEACH PLANNING COMMISSION Council Charibers, Civic Center Huntington Beach, California TUESDAY, MARCH 20, 1973 - 7 P.M. COMMISSIONERS PRESENT: Bazil, Kerins, Wallin, Boyle, Higgins COD1ISSIONERS ABSENT: Geiger, Porter PRESENTATIONS Vice C.iairman Kerins made the following presentations: Resolution No. 1113 - to Robert -Joe Vasquez, commending him for his service. Resolution No. 1114 - to Richard A. Harlow, commending him for his service. CONSENT CALENDAR: ON MOTION BY BOYLE SECOND BY HIGGINS, THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter MINUTES - Approved and adopted minutes of the February 6, 13, 21, and 27, 1973 as transcribed. TENTATIVE TRACT NO. 7743 in conjunction with USE PERMIT NO. 72-82, J.M.C. ConstrUCt'iOIL Cu. Continued to April 3, 1973 at the request of the applicant. TENTATIVE TRACT NO. 7692, Signal Landmark, Inc. Continued to April 3, 1973 at the request of the Planning Depart- ment -staff. RESOLUTION NO. 1112 A Resolution of the Planning Commission of the City of Huntington Beach recommending adoption of Precise Plan Alignment No. 73-1 (Taylor -Talbert -Beach area.) Adopted. TENTATIVE TRACT NO. 8025, Stellrecht-Bartoli Continued to April 3, 1973 with the consent of the applicant. 1. PC 3/20/73 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 2 MASTER PLAN AMENDMENT NO. 72-7 in conjunction with ZONE CASE NO. 72-39, Huntington Beach Co. Continued to April 17, 1973 with the consent of the applicant. REGULAR AGENDA ITEMS USE PERMIT NO. 73-4 - APPEAL Applicant: Joe Abandonato Use Permit No. 73-4 is a request to build a trailer supply store pursuant to Section 9430.7 of the Huntington Beach Ordinance Code on property located at the southeast corner of the intersection of Beach Boulevard and Stark Street in the C2 zone. The approval of Use Permit No: 73-4 by the Board of Zoning Adjustments was appealed by Planning Commission Chairman, Marcus Porter. A vugraph of the property was shown as well as the plot plan and elevations submitted to the Board of Zoning Adjustments. In the absence of the appellant, Mr. Porter, Vice Chairman Kerins stated that Mr. Porter's concern was the amount of service repair to be conducted on the site. A letter from the applicant, Mr. Abandonato, was provided each Commissioner clarifying the use proposed. The Vice Chairman opened the public hearing on the appeal to the approval of Use Permit No. 73-4. Mr. Joe Abandonato was present and addressed the Commission. He stated that he is pursuing a sales agreement with National Trailer Sales and expects to sell coaches at this location. He will install air conditioners, antennas, hitches, refrigerators, mirrors and other accessory equipment. Mr. Abandonato stated that the operation will close at 6 P.M. and that the building will be a cement tilt - up Class A building with a composition roof. He anticipates the operation will•be 25 percent repair and 75 percent other. No engine repair will be conducted. Customer parking will be on the Beach Blvd. side of the property. Mr. Gordon Cramer, a property owner in the residential area across Stark Street, addressed the Commission inquiring as to whether ingress and egress will be from Stark Street. The Acting Secretary stated that Mr. Abandonato plans to expand the coach sales operation easterly, to the alley, however, an Administrative Review application must be filed on this proposed expansion. PC 3/20/73 2. Minutes: H.B. Planning Commission Tuesday, ;March 20, 1973 Page 3 Mr. Adolph Lear, a property owner ir. the area, addressed the Commission stating his concern regarding increased traffic in the area. Mr. Lear stated that residents in the area have previously petitioned the city for a traffic signal on Stark Street and he has been informed that the matter is under study at this time. Mr. Lear asked the Commission to deny the Use Permit. City Engineer Bill Hartge commented on the signalization of Beach Boulevard and Stark Street, stating that after warrants required by the State of California have been met, signalization must await funding by the State. He said that he doubted that the intersection meets warrants for signalization at this time.. Mr. Don Gianasoli, representing Mr. Sun, owner of a 20 unit apartment complex behind the subject property, addressed the Commission in opposition to the proposed use on the basis of the problem of ingress and egress from garages which would be created for his tenants, the noise and increased traffic on Stark Street. It was noted that the width of Stark Street has been increased to allow commercial users to take access from Stark. This was done several years ago. There being no one further present to speak, the Vice Chairman closed the public hearing. ON MOTION BY BAZIL SECOND BY HIGGINS, USE PERMIT NO.73-4 WAS APPROVED WITH CONDITIONS OF APPROVAL ESTABLISHED BY THE BOARD OF ZONING ADJUSTMENTS AS SET FORTH BELOW, BY THE FOLLOWING ROLL CALL VOTE: A. To be completed pi•iur to issua::ce of building permits: 1. The revised plot plan received February 14, 1973 shall be the approved layout. 2. Beach Blvd. shall be dedicated to the City and State standards at the time each parcel is developed. 3. The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. 4. All buildings on lots abutting a City easement shall be set back five (5) feet from the edge of such easement. 5. Soil reports as required by the Building Department, and the Department of Public Works shall be submitted to the City. PC 3/20/73 3. Minutes: H.B. Planning Commission Tuesday, ;March 20, 1973 Page 4 B. To be completed prior to framing inspection: 1. Rooftop mechanical equipment shall be screened from view. Said screening plan shall be approved by the Board of Zoning Adjustments. Z. All signs for the proposed development shall be submitted to the Board of Zoning Adjustments for review and approval. 3. A lighting plan indicating illumination equal to lighting on public streets shall be submitted to the Department of Public Works for approval. 4. Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire Department. 5. Parking compounds shall be screened with a combination of fencing and landscaping. Said plan shall be submitted to the Planning Department for review and approval. Fencing and landscape plans shall include the following information. a. A list including quantities and size for each species of plants and all ground cover material. b. Irrigation layout to include meter location, pipe sizes, sprinkler head system, etc. C. To be completed prior to final inspection: 1. Beach Blvd. shall be fully improved including street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 2. A landscaping plan shall be submitted to the Planning Department for review and approval action. Such plan shall include landscaping along the east property line in addition to that shown on the .approved plot plan. 3. 4. S. PC All utilities shall be installed underground. Off-street parking facilities shall conform to Article 979. A masonry wall shall be constructed along the north property line. The height of said wall shall be such that the top will be six (6) feet above the highest ground surface within twenty (20) feet of the common property line, except within the front yard setback in which case the height of said wall shall be reduced to 42 inches. 3/20/73 4. 1 1 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 5 6. A chain link fence shall he required along the south and cast property lines. If the property to the south is developed residential at a later date, a six (6) foo•t masonry wall shall be constructed to City standards. D. To be completed prior to issuance of Certificate of Occupancy: 1. Water supply shall be through the City of Huntington Beach's water supply system. 2. Sewage disposal shall be through the City of Huntington Beach's sewage system. 3. The property shall participate in the local drainage assessment district. 4. No structure, other than those shown on the approved plot plan, shall be constructed within the project. 5. All applicable City ordinances shall be complied with. AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter PRESENTATION - HOUSING ELEMENT Maureen Wild, Planning Department, made a presentation to the Commission on the housing inventory of the housing element. Dr. Henry Kaufman, Orange County Housing Authority, was present and briefly commented on the activities of the Orange County Housing Authority. The Vice Chairman opened the public hearing on Phase I of the Housing Element to the General Plan. Reverend Roger Betsworth, liaison representative for the City of Huntington Beach to the Orange County Housing Authority, was present and addressed the Commission speaking in favor of the Housing Element. There being no one further present to speak, the Vice Chairman closed the public hearing. PC 3/20/73 S. Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 6 RESOLUTION NO. 1108 ON MOTION BY BAZIL SECOND BY WALLIN, RESOLUTION NO. 1108, A RESOLUTION OF THE PLANNING C018IISSION OF THE CITY OF HUNTINGTON BEACH RECOMLIENDING ADOPTION OF THE HOUSING INVENTORY, PHASE I OF THE HOUSING ELEMENT TO THE GENERAL PLAN, WAS ADOPTED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter TENTATIVE TRACT NO. 8139 (Continued from 3/6/73) Subdivider: Robert Stellrecht Tentative Tract No. 8139 is a proposal for 20 lots on 4.76 acres of land located north of Talbert Avenue, 1320 ft. west of Beach Boulevard. The property is zoned R2 and master planned medium density. A vugraph of the property was shown. The Acting Secretary stated that the Environmental Review Board has approved an Exemption Declaration on the project and it has been posted for ten day public input. The ten day period ended March 3 without any public comment. A plot plan and the amended map which was reviewed by the Subdivision Committee was posted for Planning Commission Review Mr. Ron Winterburn, Valley Consultants representing the applicant was present•to answer any questions. ON bi0TI0i3 BY HIGGINS SECOND BY BAZIL, TENTATIVE TRACT NO. 8139 WAS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS, BY THE FOLLOWING ROLL CALL VOTE: 1. The tentative tract map dated March 13, 1973 shall.be the approved layout. 2. A six (6) ft. decorative masonry slumpstone wall shall be constructed along the north propert," line. The material of said wall shall be the same as that used in the arterial wall along Talbert Avdnue. 3. A six (6) ft. masonry wall shall be constructed along the east and west property lines. 4. A landscape plan for the area at the north end of "A" Circle, the planter area within the raised median and the planter areas along Talbert Avenue shall be submitted to the Planning Department and Department of Public Works for review and approval action. PC 3/20/73 6. 1 1 1 Minutes: II.B. Planning Commission Tuesday, March 20, 1973 Page 7 5. Full insulation of all exterior walls and ceilings of the.dwelling units shall be required to help minimize the burden of heating and cooling system. 6. A minimum of two (2) 30" box trees shall be required for each lot within the development. 7. All conditions of the standard conditions of approval for tentative tract maps dated May 23,,1972 that are applicable shall be complied with. AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter TENTATIVE TRACT NO. 8183 (Continued from 2/21/73) Subdivider: Covington Bros. Tentative Tract No. 8183 is a proposal for 13 lots on 3.2 acres, to be developed as four-plexes. The property is zoned R2 and R3 and is master planned Medium High Density. Subject property is located on the north side of Ellis Avenue, 348 ft. west of Beach Blvd, The Acting Secretary reviewed the Subdivision Committee recommendations. A plot plan was posted. 1 Mr. Barry Zimmerman, representing the applicant was present to answer,any questions. ON MOTION BY BOYLE SECOND BY BAZIL, TENTATIVE TRACT NO. 8183 WAS APPROVED WITH CONDITIONS AS AMENDED AS SET FORTH BELOW, BY THE FOLLOWING ROLL CALL VOTE: 1. The tentative map received March 14, 1973 shall be the approved layout. 2. The details of the termination of Franklin Drive within the development and the R1 area to the west shall be subject to approval by the Planning Department and Depart- ment of Public Works. 3. A six (6) ft. masonry wall shall be constructed along the east property lines for Lots 10, 11 and 13, along the north side of the alley north of Lots 1 through 5 and along the west property line of Lots 1 and 8. 7. PC 3/20/73 Minutes: H.B. Plannin& Commission Tuesday, March 20, 1973 Page g 4. 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. 5. A landscape plan including a minimum of six (6) trees along the east property line of Lot 13 and the landscaping areas on each side of the termination of Franklin as shown on the map dated March 14, 1973 shall be submitted to the Planning Department and the Department of Public Works for review and approval action. 6. All conditions of the standard conditions of approval for tentative tract maps dated May 23, 1973 that are applicable shall be complied with. AYES: Bazil, Kerins, Boyle, Higgins NOES: Wallin ABSENT: Geiger, Porter TENTATIVE TRACT NO. 8255 Subdivider: La Cuesta Tentative Tract No. 8255 is a request for 23-lots on 5 acres of land located on the west side of Bushard Street, 220 ft. south of Hamilton. The property is zoned R1 and master planned low density. A vugraph of the property was shown and a revised tract map was posted. Mr. Ron Winterburn, representing the applicant,was present and discussed the layout of the houses on the cul-de-sac lots. ON MOTION BY BOYLE SECOND BY WALLIN, TENTATIVE TRACT NO. 8255 WAS"APPROVED, WT TH THE FOLLOWING CONDITIONS BY THE FOLLOWING ROLL CALL VOTE: 1. The tentative tract map received March 15, 1973 shall be the approved layout. 2. A landscaping plan for the buffer area along the north property line and area at the end of "C" Street shall be submitted to the Planning Department for review and approval action. 3. All exterior walls and ceilings of each of the dwelling units shall be fu;,ly insulated to help minimize the burden on heating and cooling systems. 4. All conditions of the standard conditions of approval for tentative maps dated May 23, 1972 that are applicable shall be complied with. PC 3/20/73 8. 1 0 1 Minutes: H.B. Planning Commission Tuesday, I`Iarch 20, 1973 Page 9 AYES: Bazil, Kerins, Wallin, Boyle, Iliggins NOES: None ABSENT: Geiger, Porter USE PERMIT NO. 73-7 ADMINISTRATIVE REVIEW NO. 72-151 DIVISION OF LAND NO. 72-43 (Continued from 3/6/73) Applicant: IV. P. Weatherly, U.S. Auto Administrative Review No. 72-151 is a request to permit an automobile dismantling and parts storage operation. Division of Land No. 72-43 is a request to establish the following new parcel: The north 300 ft. of Lot C, Tract 570, Section 35, Township 5, Range 11, City of Huntington Beach. Use Permit No. 73-7 covers the storage portion of the proposed operation. This matter was referred to the Planning Commission by the City Council to impose necessary conditions on Use Permit No. 73-7 and Administrative Review No. 72-151. A vugraph of the property was shown. Mr. Paul Weatherly, applicant, was present to answer any questions. Mr. Harold J. Lewis, half owner of the property in question, was present. ON MOTION BY BAZIL SECOND BY HIGGINS, DIVISION OF LAND NO. 72-43 WAS APPROVED WITH THE FOLLOWING AMENDED CONDITIONS, BY THE FOLLOWING ROLL CALL VOTE: A. To be completed prior to issuance of building permits: 1. A revised plot plan must be submitted to indicate the newly precise planned street along the west property line between Parcels 1 and 2. 2. Talbert Avenue and the proposed north -south street along the west property line between Parcels 1 and 2 shall be dedicated to City standards at the time each parcel is developed. B. To be completed prior to final inspection: 1. All utilities shall be installed underground. 2. Talbert Avenue and the proposed north -south street along the west property line between Parcels 1 and 2 shall be fully improved with street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 9. PC 3/20/73 Minutes: II.B. Planning Commission Tuesday, March 20, 1973 Page 10 C. To be completed 2rior to issuance of a certificate of occupancy and the enforcement of same to take place throughout the life of the business operation: 1. Water supply shall be through the City of Huntington Beach's water system. 2. Sewage disposal shall be through the City of Huntington Beach's sewage system 3. The property shall participate in the local drainage assessment district. 4. All applicable city ordinances shall be complied with. 5. The Division of Land shall not be effective until an agreement is signed and recorded agreeing to the conditions listed above. AYES: Bazil, Wallin, Boyle, Higgins NOES: Kerins ABSENT: Geiger, Porter Commissioner Kerins stated that he opposed approval of the Division of Land prior to approval of the use permit. ON MOTION BY BAZIL SECOND BY HIGGINS, THE FOLLOWING CONDITIONS ARE TO BE FORWARDED TO THE CITY COUNCIL WITH THE RECOMMENDATION THAT THEY BE IMPOSED IF THE COUNCIL APPROVES USE PERMIT NO. 72-43 AND ADMINISTRATIVE REVIEW NO. 72-151, BY THE FOLLOWING ROLL CALL VOTE: A. To be completed prior to issuance of building permits: 1. A revised plot plan must be submitted to reflect the requirement that the only access to the service and storage areas shall be a driveway from the newly precise planned street along the west property line. 2. Talbert Avenue and the proposed north -south street along the west property line between Parcels 1 and 2 shall be dedicated to City standards at the time each parcel is developed. 3. The water, pewer and fire hydrant system shall be approved by the Department of Public Works and Fire Department. ' 4. Soil reports as required by the Building Department and the Department of Public Works shall be submitted to the City. 1 PC 3/20/73 . 10. Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 11 B. To be completed prior to framing inspection: 1. A landscape plan shall be submitted to the Planning Department for review and approval action. 2. Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire Department. 3. Parking compounds shall be screened with a combina- tion of masonry fencing and landscaping. Said plan shall be submitted to the Planning Department for review and approval. Fencing and landscape plans shall include the following information: a. A list including quantities and sizes for each species of plants and all ground cover material. b. Irrigation layout to include meter location, pipe sizes, sprinkler head types, etc. c. Fencing materials and detail drawing. 4. The Division of Land approved by the City shall be recorded. 5. A Parcel Map shall be filed with the City and recorded prior to framing inspection of any structures on any parcel. C. To be. -completed prior to final inspection: 1. Talbert Avenue and the proposed north -south street along the..west property line between Parcels 1 and 2 shall be fully improved including street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 2. All utilities shall be installed underground. 3. Off-street parking facilities shall conform to Article 979. 4. A decorative or slumpstone wall shall be constructed along the perimeter. The height of said wall shall be such that the top will be eight (8) feet above the highest ground surface within twenty (21) feet of the common property line. D. To be completed prior to issuance of Certificate of ccuuancy. 11. PC 3/20/73 Minutes: H. B. Planning; Commission Tuesday, March 20, 1973 Page 12 1. Water supply shall. be through the City of Huntington Beach's sewage system. 2. Sewage disposal shall be through the City of Huntington Beach's sewage system. 3. Easements for utilities or walkways shall be provided to Department of Public Works Standards. 4. The property shall participate in the local drainage .assessment district. 5. No structures, other than those shown on the approved plot plan, shall be constructed within the project. 6. All applicable City ordinances shall be complied with. 7. Stacking of all material (other than auto stacking which shall not be allowed) shall not exceed the height of the wall at its lowest point. 8. Dismantling of motor vehicles shall occur only in the indoor area provided for such activity. 9. Use Permit No. 73-7 and Administrative Review No. 72-151 shall be subject to review by the BZA on or before March 6, 1980 to determine if the conditions imposed have been effectively maintained. Such review shall be required every five years thereafter. 10. The natural grade of the site shall remain intact. AtrS: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter The Chairman noted that subject use permit and administrative review were denied by the Planning Commission on February 6, 1973 pursuant to Section 9811.2.1 of the Huntington Beach Ordinance Code. Although not a part of the motion to deny, the Commission made the following findings: 1. The granting was not necessary to serve the enjoyment of one or more substantial property rights. 2. The granting would adversely affect the Master Plan of the City of Huntington Beach. 3. The proposed use is not compatible with other uses in the area. 1 1 PC 3/20/73 12. Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 13 Vice Chairman Kerins directed the staff to inform the City Council that they are opposed to the granting of Use Permit No. 73-7 and Administrative Review No. 72-151. It is the Commission's opinion that because -the property is' -higher at the rear, an eight foot wall will not screen the facility from Talbert. This is an important factor since Talbert Avenue is a major street to and through Huntington Central Park. Further, the Planning Commission has instructed the Planning Department of investigate the possibility of attaching a Civic District Suffix to the major thoroughfares to and through Huntington Central Park and/or possibly rezoning the industrial property on these streets to afford greater setbacks and additional landscaping. TENTATIVE TR.A._T NO. 8040 (Continued from 3/6/73) Subdivider: La Solana Corp. Tentative Tract No. 8040 is a proposal 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 in an R1 zone. The property is master planned low density. A vugraph of the property was shown. The Acting Secretary stated that this matter had been continued from March 6 for decision only. The City Attorney has reviewed the proposed conditions of approval. A recommendation from the Environmental Council was provided each Commissioner as well as a letter from the California Coastal Zone Conservation Commission, South Coast'Region, concerning the emergency permit for construction of the nesting site which soon expires. Mr. Al Kaufer representing La Solana Corp. was present and objected to proposed condition of approval No. 18. Mrs.Margeret Carlberg, Environmental Review Board Committee of the Environmental Council, requested a modification of proposed conditions of approval relative to the Least Tern. Mr. Ron Hind, Associate Wildlife Manager for California State Fish and Game addressed the Commission, commending the staff and Commission for the objective position reflected in the proposed conditions to be imposed on the applicant. Mr. Hind stated that he concurred with the proposed conditions. ON MOTION BY BOYLE SECOND BY BAZIL, TENTATIVE TRACT NO. 8040 WAS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS AS AtIENDF.D BY THE FOLLLOWING ROLL CALL VOTE: 13. PC 3/20/73 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 14 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 CCU 's and deed restrictions shall contain a provision requiring that the owners of all lots shall own an undivided interest in the common area and shall automatically become members of the association and subject to the rules and requirements 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. S. Sharkskin Lane shall be terminated in a manner approved by the Department of Public Works and Planning Department. 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 placement of all homes on the lots prior to the time of initial construction. 8. The Board of Zoning Adjustments shall approve the location of walkways adjacent to private streets. 9. Seu age 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. PC 3/20/73 14. 1 1 1 1 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 15 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 submitted 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 thu 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. 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 an alternate nesting site #1 for the California Least Tern prior to January 1974 on the Naval' Weapons Station. If it is determined 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 or until such time as the young are fledged. The construction 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 disturbance from humans and domestic animals provided the Least Tern returns to this nesting area during the 1973 season. 18. The developer shall be required to bear fifty (50%) percent of the cost not to exceed a maximum of $20,000 of a traffic signal at the intersection of Sharkskin Lane and Pacific Coast Highway. The traffic signal shall be approved by the Department of Public Works. 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 share of the cost. 19. Disposal of building spoil - unusable lumber, tarpaper, wire, pipo and other excess or unusable waste shall be disposed of at off -site facilities eduipped to handle them. 15. PC 3/20/73 Minutes: H.B. Planning Commission Tuesday; ;March 20, 1973 Page 16 20. Full insulation of all exterior walls and ceiling of the dwelling units shall be installed to help minimize the burden of heating and cooling systems. 21. Floatible debris originating in Tract No. 8040 shall be prevented from entering the harbor by the installation of baffled storm water catchment basins. 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. Applicant will submit an application to the City and to the California Coastal Zone Conservation Commission, South Coast Regional Commission for a permit to construct the nesting site, including the removal of a maximum of 4000 cubic yards of material. 24. All conditions of the standard conditions of approval of all tentative tract maps dated May 23, 1973 that are applicable shall be complied with. AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter TENTATIVE TRACT NO. 8039 in conjunction with ' USE PERMIT NO. 72-64 Applicant: Huntington Harbour Corp_. Tentative Tract No. 8039 is a request for 2 lots, 175 units on 11.626 acres of land. Use Permit No. 72-64 is to allow the construction of a planned residential development consisting of 175 units and related amenities and facilities in the R2 Medium Density Residential District and R3 Medium High Density Residential District. Subject property is located 300 ft. north of Warner Avenue and 300 ft. northeast of Pacific Coast Highway. The Acting Secretary stated that the applicant has requested reconsideration of the denial of subject use permit and tentative tract. ON MOTION BY BAZIL SECOND BY HIGGINS, USE PERMIT NO. 72-64 AND TENTATIVE TRACT NO. 8039 WERE RECONSIDERED BY THE FOLLOWING ROLL CALL VOTE: i AYES: Bazi1, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter PC 3/20/73 16. Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 17 Mr. Al Kau£er, representing Huntington Harbour Corp.. was present and discussed proposed conditions of approval relating to the requirement to share the cost of a traffic signal and conditions relating to the Least Tern. Mrs. Margaret Carlberg, Environmental Council, addressed the - Commission concerning the distance from the nesting site to the construction area, suggesting that 300 feet may not be sufficient distance to avoid disturbing the birds. Mr. Charles Collins, California State University -Long Beach, addressed the Commission concerning the Least Tern. 'Mr. Ron Hind, California State Fish and Game, addressed the Commission concerning the Least Tern. Mr. John O'Conner, Deputy City Attorney, discussed the law as it relates to disturbance of the birds. Dr. Stuart Watters, California State University -Long Beach, addressed the Commission concerning the Least Tern. Mr. Don Byrnes, Huntington Harbour Corp., addressed the Commission and discussed the time frame of the proposed construction. ON MOTION BY HIGGINS SECOND BY BAZIL, TENTATIVE TRACT NO. 8039 AND USE PERMIT NO. 72-64 WERE APPROVED SUBJECT TO THE FOLLOWING AMENDED CONDITIONS, BY THE FOLLOWING ROLL CALL VOTE: 1. The Tentative map received September 18, 1972 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 niunber 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 1crks. 17. PC 3/20/73 Minutes: II.B. Planning Commission Tuesday, March 20, 1973 Page 18 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 Depart- ment of Public Works for approval. 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 developer shall be required to bear fifty (50%) percent of the cost not to exceed a maximum of $20,000 of a traffic signal at the intersection of Sharkskin Lane and Pacific. Cnast Highway. The traffic signal shall be approved by the Department of Public Works. The signal is to be installed as soon as possible upon recordation of the final tract map. A bond shall be posted by the developer in the amount of the developer's 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. PC 3/20/73 18. r--7 1 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 19 1 17. Property owners of the development shall bo afforded the opportunity, of obtaining membership in thelHuntington Harbour Beach Club. 18. No building shall be constructed closer than ten feet to the bulkhead line. 19. In no case shall construction be permitted within 300 ft. of the nesting site of the California Least Tern during the 1973 nest- ing season, or such further distance from the nesting site as may be determined by the Planning Commission of the City of Huntington Beach. 20. No perElits 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. AYES: Bazil, NOES: Kerins ABSENT: Geiger, RECESS Wallin, Boyle, Higgins Porter At 10:15 P.M. the Vice Chairman called a recess. Rprnmvpmv At 10:30 P.M. the Vice Chairman reconvened the meeting. MISCELLANEOUS Cul-De-Sac Fencing The 'Dice Chairman stated that a petition has been received expressing dissatisfaction with the recent decision to reduce the height of perimeter fencing to 3-1/2 feet at cul-de-sacs. As a result of this decision petitioners claimed the lowered fencing provides ready access to the community for transients, burglars and other mischiefmakers and young children in their neighborhood can readily scale the fence and be subject to high-speed traffic on the heavily travelled arterial, Indianapolis Ave., which borders their tract. Petitioners therefore request the city to complete the fence construction to six feet in height. Tile following people addressed the Commission, speaking in favor of the six foot high fence at cul-de-sacs: 19. PC 3/20/73 "•tinutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 20 Jerry Brewer, J. Brennan, K. James, V. Mangnuson, A. Juggins, J. Boes, Mr. Verbos, J. Fisher, Harry Ilolby, R. Arthur, Lester Hovey. ON MOTION BY HIGGINS, SECOND BY BAZIL, IT WAS SUGGESTED THAT THE DEPARTMENT OF PUBLIC WORKS EXPEND CITY FUNDS TO RAISE THE WALLS ON THE CUL-DE-SACS IN THE AREA OF THE PETITIONER'S RESIDENCES, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Boyle, Higgins NOES: Kerins, Wallin ABSENT: Geiger, Porter Commissioners Kerins and Wallin stated that they recommend the Department of Public Works install wrought iron fencing from 2 inches above ground to 6 ft. height. Petitioners were advised to submit a petition to the City Council through the Director of Public Works, recommending that City funds be allocated to extend the cul-de-sac walls to six foot. CODE AMENDMENT NO. 72-31 (Cont. 3/6/73) Code Amendment No. 72-31 proposes to amend Article 984 from a Use Permit procedure to a Conditional Use Permit procedure for approval of planned residential developemnts. The Acting Secretary recommended approval of Code Amendment No. 72-31 as submitted. Assistant City Attorney John O'Conner stated that it is the City Attorney's opinion that the objective cannot be achieved by the approach used in Code Amendment No. 72-31. He stated that an inherent defect -in tb e code is lack of criteria. The Acting Secretary stated that the public hearing on Code Amendment No. 72-31had been opened on March 6, 1973 and continued. There being no one present to speak either for or against, the Vice Chairman closed the public hearing. ON MOTION BY KERINS SECOND BY BOYLE, CODE AMENDMENT NO. 72-31 WAS REFERRED BACK TO THE STAFF FOR FURTHER RESEARCH IN COOPERATION WITH THE CITY ATTORNEY, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil,• Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter PC 3/20/73 20. 1 1 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 21 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 Acting Secretary stated that the addition of the care of non -related persons provisions was necessitated because it was inadvertently dropped during adoption of the miscellaneous provisions. The City Attorney determined that the addition re- quired a public hearing before the Planning Commission. The Acting Secretary stated that the public hearing on Code Amendment No. 73-12 had been opened on March 6, 1973 and continued. There being on one present to speak either for or against the proposed code amendment, the Vice Chairman closed the public hearing. ON MOTION BY BOYLE SECOND BY BAZIL, CODE AMENDMENT NO. 73-12 WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter CONDITIONAL EXCEPTION NO. 72-5 - Annual Review Applicant: Frank L. Arterberry Conditional Exception No. 72-5 allows the operation of an oil field salvage business on property located 300 ft. north of Clay Avenue and west of Crystal Street in the RA-0 Residential District combined with oil production. The Acting Secretary stated that a condition of approval of Conditional Exception No. 72-5 was an annual review. The Vice Chairman opened the public hearing on the annual review of Conditional Exception No. 72-5. Mr. 0. Kitching, representing Mr. Frank L. Arterberry was present. Mr. Kitching stated that trees, shrubs, lawn and flowers have been planted and that Mr. Arterberry has complied with the conditions of approval imposed by the City. The Acting Secretary requested that the matter be*continued to allow a field inspection by the staff. 2.1. PC 3/20/73 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 22 ON MOTION BY BAZIL SECOND 13Y HIGGINS, TIII' IIP-ARING ON THE ANNUAL, REVIEW OF CONDITONAL EXCEPTION NO. 72-5 WAS CONTINUED TO APRIL 3, 1973, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter WRITTEN COMMUNICATIONS The Acting Secretary stated that Commissioners had received copies of a letter from ',Ir. Norman N. Mamey requesting an extension of the present zone variance (Conditional Exception No. 67-63 which expires May 6, 1973) or a change of zone to commercial on property located at 201 Frankfort Street. Mr. Mamey was present and addressed the Commission, speaking in favor of the request. The Vice Chairman directed the staff to research with the City Attorney, avenues to allow the existing use to remain with no expansion. Acting Secretary Jim Palin is to contact Mr. Mamey when the question has been researched. Beach City Swimming Pools The Acting Secretary stated that Commissioners had received copies of a letter from Beach City Swimming Pools concerning a fenced area in the rear of their property at 19202 Beach Boulevard. The request is to allow the retention of the fence. ON MOTION BY BOYLE SECOND BY BAZIL, THE LETTER FROH BEACI: CITY SWIMA11NG POOLS WAS RECEIVED FOR FILE, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter CODE AMENDMENT NO. 73-14 Code Amendment No. 73-14 proposes an amendment to the definition of an identification sign. ON MOTION BY BOYLE SECOND BY WALLIN, STAFF WAS DIRECTED TO SET CODE AMENDMENT NO. 73-14 FOR PUBLIC HEARING ON APRIL 3, 1973, BY THE FOLLOWING ROLL CALL VOTE: PC 3/20/73 22. 1 1 Minutes: H.B. Planning Commission Tuesday, March 20, 1973 Page 23 AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter ADJOURNMENT ON MOTION BY BAZIL, SECOND BY BOYLE, AT 12 MIDNIGHT, THE MEETING WAS ADJOURNED TO A STUDY SESSION AT 2 P.M., MARCH 27, 1973, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Wallin, Boyle, Higgins NOES: None ABSENT: Geiger, Porter K. A. Reynolds,' Edward Kerins Secretary Vice Chairman 23: PC 3/20/73