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HomeMy WebLinkAbout1973-05-01MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, MAY 1, 1973 - 7 P.M. COMMISSIONERS PRESENT: Geiger, Kerins, Wallin, Boyle Commissioner Bazil arrived at 7:15 P.M. Commissioner Porter arrived at 10:20 P.M. COMMISSIONERS ABSENT: Higgins The Acting Secretary, Mr. Jim Palin, introduced Mrs. June Allen, a member of the Planning Department staff. CONSENT CALENDAR - (ITEMS APPROVED) ON MOTION BY BOYLE SECOND BY WALLIN, THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED OR AS NOTED, BY THE FOLLOWING ROLL CALL VOTE: MINUTES Approved and adopted Minutes of April 17, 1973 as transcribed. CONDITIONAL EXCEPTION NO. 73-02 DIVISION OF LAND NO. 73-010, Robert Borns Continue to May 15, 1973 with the consent of the applicant. TENTATIVE TRACT NO. 8289 USE PERMIT NO..73-21, F.A. Jones Continue to June 19, 1973 with the consent of the applicant. ADMINISTRATIVE REVIEW NO. 73-48, W. Sterling Buck & Assoc. Continue to May 15, 1973 with the consent of the applicant for a staff report on the project. TENTATIVE TRACT NO. 7743 USE PERMIT NO. 72-82, J.M.C. Construction Co. Continue to May 15, 1973 with the consent of the applicant. AYES: Geiger, Kerins, Wallin, Boyle NOES: None ABSENT: Bazil, Higgins, Porter TENTATIVE TRACT NO. 7692 (Cont. 4/17/73) Subdivider: Signal Landmark, Inc. The Acting Secretary stated that the applicant has re- quested a one year extension of time to April 3, 1974. 1. PC 5/1/73 MinuteAl: H.B. Planning Commission' i Tuesday, May 1, 1973 Page 11 A map of the project and vugraph were shown. Mr. George Stringer, Engineer for the project, addressed the Commission, stating that the extension of time is re- quested because of the additional time required to process an environmental impact statement. Mr. Stringer stated that he is in a position to record all the final maps on the project within the next several months. Mr. Stringer stated that he concurs with the recommendations of the staff report. He further stated that the State Subdivision and Map Act allows 18 months for filing a final map and suggested the city ordinances be changed to allow the permitted 18 months in view of the delays created by the new environmental impact statement require- ments. In response to a question by Commissioner Wallin concerning a setback of 35 ft. for homes from an arterial highway, Mr. Stringer stated that none of the recorded maps would be affected. Commissioner Wallin stated that she was concerned with the environmental impact statement with regard to the student population projections. She stated that the City Planning staff uses an estimate of 1.3 students per household whereas the environmental impact statement makes a projection of .5 students per household. Further, the environmental impact statement does not discuss what the burden will be to the city. The Acting Secretary discussed the discretionary and ministerial acts of the State guidelines regarding environmental impact statements; the affect of the requirements relating to on -going projects and the source of information of the city's consultants in preparing reports. Commissioner Boyle requested clarification of the statement made in the Environmental Review Board's recommendations referring to solving the school problem "at the district level." Mr. Palin stated that whatever the solution, it should be imposed on all cities within the various districts and upon all residential developments. Mr. O'Conner, Deputy City Attorney, stated that an opinion is being prepared concerning the tools available to limit growth. PC 5/l/73 2, 1 1 1 Minutes: H.B. Planning Commission Tuesday, May 1, 19"73 Page 3 Commissioner Boyle asked Mr. O'Conner if this City would violate equal rights of developers if it acted alone and Mr. O'Conner stated that the City of Huntington Beach has the authority to deny a tentative tract based on the inadequacy of the schools. This general question will be answered in an opinion -being prepared by the City Attorney's office. A MOTION WAS MADE BY WALLIN SECOND BY GEIGER, TO DISAPPROVE THE ENVIRONMENTAL IMPACT STATEMENT ON TENTATIVE TRACT NO. 7692 BECAUSE OF INADEQUACIES IN COST REVENUE FIGURES AND STUDENT GENERATION AND TO REFER THE REPORT BACK TO THE ENVIRONMENTAL REVIEW BOARD FOR ADDITIONAL INPUT. THE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Geiger, Wallin, Boyle NOES: Bazil, Kerins ABSENT: Porter, Higgins A MOTION WAS MADE BY BAZIL SECOND BY KERINS TO APPROVE THE ENVIRONMENTAL IMPACT REPORT ON TENTATIVE TRACT NO. 7692. THE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Bazil, Kerins NOES: Geiger, Wallin, Boyle ABSENT: Porter, Higgins The matter of approval or disapproval of the Environmental Impact Statement for Tentative Tract No. 7692 is automatically continued to May 15, 1973. ON MOTION BY BAZIL SECOND BY BOYLE, THE REQUEST FOR A ONE YEAR EXTENSION OF TIME ON TENTATIVE TRACT NO. 7692 WAS CONTINUED TO MAY 15, 1973, BY THE FOLLOWING VOTE: Commissioner Bazil requested the applicant concur with the continuance of the request for an extension of time to May 15, 1973. Mr. George Stringer, representing the applicant stated that he would concur if he could be assured that the map would not expire in the meantime. Deputy City Attorney John O'Conner stated that this was not a problem. AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins Vice Chairman Kerins directed the Staff to place on the study session agenda for May 8, 1973 the subject of environmental considerations of the flood plain *tudent generation, cost -revenue analysis, resolution of impact 3. PC 5/l/73 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 4 on schools at the district level, and the City Attorney's opinion concerning growth limitation. TENTATIVE TRACT NO. 8270 (Cont. 4/17/73) USE PERMIT NO. 73-20 (Cont. 4/17/73) Applicant: Classic Development Corp. Tentative Tract No. 7820 is a request for 13 lots on 1.25 acres of land located at the southwest corner of Constantine Drive and Lister Lane. The Use Permit is to allow construction of a 12 unit planned residential development. The property is zoned R3. The Acting Secretary stated that Exemption Declaration No. 73-48 was granted by the Environmental Reivew on May 1, 1973. No public comments were submitted. A plot plan and elevations were posted as well as a site plan. The Vice Chairman opened the public hearing on Use Permit No. 73-20. Mr. Bob De Almeida, representing Ron Martin's office, was present to answer -any questions. Commissioner Boyle asked about the provisions for separation of vehicular and pedestrian traffic within the development. Mr. De Almeida stated that on the west property line the garages have been pulled in to provide pedestrian access to the center and around the entire site. This did, however, reduce the front yard setback to 17-1/2 feet. Mr. De Almeida stated that the subject property (.8 net acres) was a "left over" lot and this project is separated by a street from the remainder of the initial project and that this project is an annex to the larger development. At the time the initial project went forward; this property was anticipated to be an apartment site. Commissioner Kerins suggested that another tot lot be added to the project. In discussing the parking requirements, to provide additonal parking on site would necessitate removal of the suggested additional tot lot, the overall aesthetics of the project would be adversely affected and two additional curb cuts would be required. Commission discussed the exceptions clause under Article 931 and Commission suggested that it may be necessary to drop a unit from the project in order to provide the required on -site parking. PC 5/l/73 4. 1 1 1 1 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 5 Mr. De Almeida stated that he feels the is the best solution to a problem piece R3 zoning on the property would allow 25 acre and 12 units are proposed as an an project. proposed project of property. The units per gross nex to the adjacent The Vice Chairman closed the public hearing. ' Commissioner Kerins stated that this was a fine attempt to do something reasonably well with a problem piece of property, however, it does not meet the parking requirements. ON MOTION BY BOYLE SECOND BY WALLIN, TENTATIVE TRACT NO. 8270 AND USE PERMIT NO. 73-20 WERE CONTINUED TO MAY 15, 1973 TO ALLOW SUBMISSION OF A PLAN CONFORMING TO THE STANDARDS OF PLANNED UNIT DEVELOPMENTS, WITH THE CONCURRENCE OF THE. APPLICANT, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins MASTER PLAN AMENDMENT NO. 72-7 (Cont. 4/17/73) in conjunction with ZONE CASE NO. 72-39 (Cont. 4/17/73) Applicant: Huntington Beach Co. Zone Case No. 72-39 is a request for a change of zone on approximately 90 acres of land from R1-0, R3-0, R4-0, R1-01, R3-01 and R4-01 combined with oil production to R2-PD-0 and R2-PD-01 Medium Residential District Planned Development Suffix combined with oil production.. The property is located on the northwest side of Palm Avenue as extended 922 + ft. northwesterly of the inter- section of Palm and Ofefia. The master plan amendment proposes a change from Low and High Density Residential District to Medium Density Residential District. A display was posted of the existing master plan of the Huntington Seacliff project with the R2PD-0 overlay and the plot plan which accompanied the original document. A vugraph was shown. The Acting Secretary stated that the matter had been continued for an environmental impact report. The Environmental Review Board recommenda- tions have been submitted for Commission's review. The Vice Chairman opened the public hearing on Zone Case No. 72-39 and Master Plan Amendment No. 72-7. S. PC 5/l/73 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 6 Mr. W. E. Foster, Huntington Beach Company, addressed the Commission speaking in favor of the zone change and stated that the student generation under the requested zoning would be less than under the existing zoning. Mr. Jack Fraser, President of the*Huntington Seacliff Homeowners Association, was present and spoke in favor of the proposed zone change. Commissioner Geiger inquired as to the alternatives to the proposed rezoning. Commissioner Kerins stated that the Commission has yet to study the master plan for the area and ask the staff when this would be complete. Mr. K. A. Reynolds, Planning Director, stated that it would be the end of June. Commissioner Wallin stated that the environmental impact report alternatives are so general that the report is inadequate. She stated that the reports are not answering the questions the Commission have. Commissioner Wallin further stated that the City needs a commitment from the County on street align- ments in the area. ON MOTION BY BOYLE SECOND BY WALLIN,-,MASTER PLAN AMENDMENT NO. 72-7 AND ZONE CASE NO. 72-39 WERE CONTINUED TO JULY 3, 1973 TO ALLOW THE PLANNING COMMISSION TO STUDY THE ENTIRE AREA AND COME UP WITH ZONING ON THE ENTIRE AREA, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins ON MOTION BY WALLIN SECOND BY BOYLE, THE ENVIRONMENTAL IMPACT REPORT ON ZONE CASE NO. 72-39 WAS REFERRED BACK TO THE ENVIRONMENTAL REVIEW BOARD FOR ADDITIONAL DOCUMENTA- TION WITH EMPHASIS ON ALTERNATIVES, COMMITMENT OF RESOURCES AND FUNDING, TRAFFIC CIRCULATION AND STUDENT IMPACT ON THE EDUCATIONAL FACILITIES, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins Mr. W. E. Foster, Huntington Beach Company, stated that the applicant does not concur with the continuance. The Acting Secretary asked advice from the Deputy City Attorney regarding continuance without concurrence of the applicant. PC 5/l/73 6. Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 7 Mr. John O'Conner, Deputy City Attorney, stated that he suggested that the Commission deny the zone case and after the Commission has re-evaluated the matter, the applicant can then reapply if the applicant is unwilling to agree to a continuance at this time. Following further discussion it was noted that by not acting on the zone change, it is automatically denied. Vice Chairman Kering called for a motion to reconsider the last action in order to deny the zone case by not taking action. ON MOTION BY WALLIN SECOND BY BOYLE, COMMISSION RECONSIDERED ACTION ON ZONE CASE NO. 72-39 BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins The Vice Chairman stated that no action has been taken by the Planning Commission on Zone Case No. 72-39 and Master Plan Amendment No. 72-7, and they are automatically denied. The applicant may appeal to the City Council within ten days. The Vice Chairman directed the Acting Secretary to prepare a transmittal to the City Council if the applicant appeals, stating that the Planning Commission declined to act on the master plan amendment and zone case because the applicant did not concur with the Planning Commission's decision to continue the matters until July 3 at which time the Commission would be studying the master plan for this area and that the Planning Commission felt that the environmental impact report was inadequate in the area of alternates presented, traffic analysis and cost and there is a question regarding the impact on schools that must be resolved. CONDITIONAL EXCEPTION NO. 73-1 in conjunction with Applicant: B. G. Williams Conditional Exception No. 73-1 and Division of Land No. 73-9 propose to create two parcels 47 ft. x 117.5 ft. from three 25 ft. lots, plus 19 ft. from a fourth lot. Subject property is located on the east side of 12th Street approximately 150 ft. south of Palm Avenue. The property is zoned R2 Medium Density Residential District. The Acting Secretary stated that Exemption Declaration No. 73-35 was granted by the Environmental Review Board on April 24, 1973. The Vice Chairman opened the public hearing on Conditional Exception No. 73-1. 7. PC 5/l/73 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 8 Mr. B. G. Williams, applicant, addressed the Commission speaking in favor of the proposal. Mr. Williams stated that the division of land was necessary to adjust the lot lines be- cause of an illegal lot split which took place some time in the past. A vugraph of the property was shown. The Vice Chairman closed the public hearing. The Acting Secretary stated that the staff concurs with the proposal for the reason that it creates a better development. In response to a question by Commission, Deputy City Attorney John O'Conner stated that the topography, size and shape of property may be considered in establishing hardship, however, a financial hardship alone is not sufficient reason for approval. A MOTION WAS MADE BY GEIGER TO APPROVE CONDITIONAL EXCEPTION NO. 73-1 AND DIVISION OF LAND NO. 73-9 FOR THE REASON THAT A HARDSHIP HAS BEEN DEMONSTRATED BY REASON OF THE SIZE AND SHAPE OF THE PARCELS. THE MOTION FAILED FOR LACK OF A SECOND. ON MOTION BY BOYLE SECOND BY BAZIL, CONDITIONAL EXCEPTION NO. 73-1 WAS DENIED FOR THE REASON THAT NO HARDSHIP WAS FOUND, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins ON MOTION BY WALLIN SECOND BY BOYLE, DIVISION OF LAND NO. 73-9 WAS DENIED FOR THE REASON THAT CONDITIONAL EXCEPTION NO. 73-1 WAS DENIED BASED ON NO HARDSHIP BEING FOUND, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins USE PERMIT NO. 73-3 USE PERMIT NO. 73-5 APPEAL USE PERMIT NO. 73-6 Applicant: James Montgomery Use Permits Nos. 73-3, 73-5 and 73-6 are requests to allow the construction of three 24 unit (total of 72 units) apart- ment complexes on the west side of Holly Street, 185 ft. south of Garfield Avenue. The property is master planned high density and is zoned R3. The appeal is to the decision of the Board of Zoning Adjustments approval of subject use permits. PC 5/1/73 8. Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 9 The Acting Secretary described the surrounding land use and stated that the staff is not committed to any type of land use in the area until the Civic Center study is complete. A vugraph of the area was shown. The Vice Chairman opened the public hearing on the appeal to the Board of Zoning Adjustments approval of Use Permits No. 73-5, 73-3 and 73-6. Mr. Hanschell addressed the Commission speaking in favor of the project. Mr. Bill Wonnacott, architect for the project, was present to answer any questions the Commission might have. Mr. James Montgomery, applicant, was present and addressed the Commission, speaking in favor of the projects and urging a decision by the Commission at, this time. Mr. C. J. Reeves, representing the seller of the property, was present and spoke in favor of the.project. The Vice Chairman closed the public hearing. ON MOTION BY WALLIN SECOND BY BOYLE, ACTION ON USE PERMITS NO. 73-3, 73-5 AND 73-6 WAS CONTINUED TO JUNE 19, 1973 TO ALLOW COMPLETION OF THE CIVIC CENTER STUDY, BY THE FOLLOWING VOTE: Commissioner Wallin inquired of Mr. Montgomery whether he concurred with the continuance. Mr. Montgomery called for a point of order. AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins USE PERMIT NO. 73-13 - Appeal Applicant: Harold I. Ewell Use Permit No. 73-13-is a request to permit the addition of one two bedroom apartment to an existing unit, located at the northeast corner of Olive and 16th Street. The property is zoned R4 and master planned Medium Density Residential. The appeal is to the denial of the Use Permit by the Board of Zoning Adjustments. The Vice Chairman opened the public hearing on the appeal to the denial by the Board of Zoning Adjustments of Use Permit No. 73-13. 9. PC 5/l/73 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 10 Mr. Harold Ewell, applicant, addressed the Commission reviewing the history of the development of the property and the proposed addition. Mr. Bill Wonnacott, architect for, the project, addressed the Commission, describing the proposed addition. There being no one further present to speak, the -Vice Chairman closed the public hearing. ON MOTION BY WALLIN SECOND BY BOYLE, THE PLANNING COMMISSION SUSTAINED THE ACTION OF THE BOARD OF ZONING ADJUSTMENTS DENYING USE PERMIT NO. 73-13 FOR THE REASON THAT THE INCREASE OF 15% OF FLOOR AREA DOES NOT MEET THE INTENT OF SECTION 9716.3 OF THE HUNTINGTON BEACH ORDINANCE CODE AND THE PLAN DOES NOT CONFORM TO THE DEVELOPMENT STANDARDS AND THEREFORE MAY NOT EXCEED 10o INCREASE IN FLOOR AREA. Mr. Harold Ewell, asked whether the Commission would approve an increase of approximately 12% floor area which could be achieved by reducing the number of bedrooms to one. Mr. Ewell was informed that any change would have to conform to the ordinance requirements and a new plot plan would have to be submitted. AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins Mr. Ewell stated that he would appeal the decision of the Planning Commission to the City Council. USE PERMIT NO. 73-28 - Appeal Applicant: Richard L. Tom, A.I.A. Use Permit No. 73-28 is a request to allow construction of a three story residence in the R1 District on property located at the northeast corner of Gilbert Drive and Somerset Lane. The property is master planned low density. The appeal is to the approval of Use Permit No. 73-28 by the Board of Zoning Adjustments. The Acting Secretary stated that a letter has been received from the applicant requesting the matter be continued to May 15, 1973. Further, that the cbnditional exception filed in conjunction with Use Permit No. 73-28 will be referred by the Board of Zoning Adjustments to the Planning Commission for action.. PC 5/l/73 10. Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 11 ON MOTION BY BOYLE SECOND BY BAZIL, THE BOARD OF ZONING ADJUSTMENTS WAS DIRECTED TO REFER THE CONDITIONAL EXCEPTION FILED IN CONJUNCTION WITH USE PERMIT NO. 73-28 TO THE PLANNING COMMISSION TO BE HEARD IN CONJUNCTION WITH THE USE PERMIT ON MAY 15, 1973, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Boyle NOES: None ABSENT: Porter, Higgins CONDITIONAL EXCEPTION NO. 73-14 - APPEAL Applicant: Heath & Co. Agent, Ralph's Grocery Co. Conditional Exception No. 73-14 is a request to permit construction of a pole sign and a roof sign to a height of 35 ft. Subject signs are located on the south side of Warner Avenue approximately 150 feet west of Goldenwest Street. The appeal is to the denial of Conditional Exception No. 73-14 by the Board of Zoning Adjustments. The Vice Chairman opened the public hearing on the appeal to denial of Conditonal Exception No. 73-14 by the Board of Zoning Adjustments, Mr. Joe Finkleberg, Heath & Co., agent -for Ralph's Grocery Company was present and spoke in favor of the conditional exception. He reviewed the background of the construction of the market building, the history and dates of the various permits and inspection approvals, and took exception to some of the statements made in the staff's report. Mr. Finkleberg stated that a lawsuit has been prepared on this matter and a trial date of May 11 has been established. Mr. Joe Lynch, Engineer for the project, addressed the Commission and described the location of the sign, the sign column and -column foundation. The Vice Chairman closed the public hearing. Mr. Walt Lipps, Building Department, discussed the permits issued and the department's position in the matter. ON,MOTION BY GEIGER SECOND BY BAZIL, THAT PORTION OF CONDITIONAL EXCEPTION NO. 73-14 COVERING THE ROOF SIGN ONLY WAS APPROVED. ALL OTHER SIGNS COVERED IN THE APPLICATION SHALL COMPLY WITH ALL ORDINANCE REQUIREMENTS. THIS ACTION IS TAKEN FOR THE REASON THAT THE ROOF SIGN IS AN INTEGRAL PART OF THE BUILDING STRUCTURE AND CONSTRUCTION WAS STARTED PRIOR TO EXPIRATION OF THE BUILDING PERMIT. MOTION APPROVED BY THE FOLLOWING VOTE: 11. PC 5/l/73 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 12 Commissioner Porter arrived at 10:20 P.M. AYES: Geiger, Bazil, Kerins, Boyle NOES: Wallin ABSENT: Higgins ABSTAIN: Porter Commissioner Porter assumed his duties as Chairman Commissioner Wallin stated that she voted against the motion for the reason that the applicant was aware of the new code requirements and could have complied with them. Chairman Porter stated that he wished to vote on Conditional Exception No. 73-14 but was precluded from doing so since he was not present during the public hearing. He stated that he will review the recording of the public hearing and request reconsideration of the matter at the next regular meeting. Following discussion by the Commission, it was determined that no purpose would be served by requesting reconsideration. CODE AMENDMENT NO. 72-31 The purpose of Code Amendment No. 72-31 is to amend Article 984 from a Use Permit procedure to a Conditonal Use Permit Procedure for approval of planned residential developments and unclassified uses. The Acting Secretary reviewed the last revisions made to the code amendment. The Chairman opened the public hearing on Code Amendment No. 72-31. There being no one present to speak either for or against the proposed amendment, the Chairman closed the public hearing. ON MOTION BY BOYLE SECOND BY BAZIL, CODE AMENDMENT NO. 72-31 WAS ADOPTED AS AMENDED, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle NOES: None ABSENT: Higgins CODE AMENDMENT NO. 72-32 The purpose of Code Amendment No. 72-32 is to establish a procedure to authorize certain uses that possess unique characteristics and special form as to make impractical their being included automatically within any classes of use as set forth in the various districts. PC 5/l/73 12. Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 13 The Acting Secretary stated that the development standards section has been developed in cooperation with the City Attorney's office and discussed other amendments. The Chairman opened the public hearing on Code Amendment No. 72-32. Mr. Bob Pittinger addressed the Commission speaking in favor of the proposed amendment. Mr. Jerry Shea, Huntington Beach Company, addressed the Commission stating that he generally favored the proposed amendment, that it appeared to be a housekeeping type of ordinance. He noted that golf courses were excluded as a desired use in residential zones and asked why. He referred to Code Amendment No. 73-6, Recreational'Open Space District, the next item on the agenda, and suggested the uses permitted in residential districts in Code Amendment No. 73-6 also be included under Code Amendment No. 73-32. He stated that one ordinance should cover all unclassified uses. Mr. Shea asked several times why golf courses had been excluded from residential zones in Code Amendment No. 73-6. The Acting Secretary stated that the open space district has been drafted to bring zoning into compliance with the master plan as required by State law and discussed the provisions of the recreational open space district. Mr. Hart addressed the Commission concerning its affect on the golf driving range he operates within the city. The Chairman closed the public hearing. ON MOTION BY BOYLE SECOND BY BAZIL, CODE AMENDMENT NO. 72-32 WAS APPROVED AS AMENDED BY THE FOLLOWING VOTE: AYES: Geiger, Kerins, Porter, Bazil, Wallin, Boyle NOES: None ABSENT: Higgins CODE AMENDMENT NO. 73-6 Code Amendment No. 73-6 proposes to provide for recreational uses by encouraging their development in keeping with the natural amenities of such uses and to conserve the natural resources and scenic features of the land by the establishment of a Recreational Open Space District. Commissioner Wallin use permits and use Planning Commission. stated that she feels both conditional permits should be reviewed by the 13. PC 5/l/73 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 14 The Chairman opened the public hearing on Code Amendment No. 73-6. Mr. Jerry Shea, Huntington Beach Company, addressed the Commission in opposition to the proposed amendment. Mr. Shea stated that the Recreational Open Space District will not accomplish its intent; that it was unlikely that a property owner would request rezoning unless he was creating a major recreational enterprise. If the city initiates such a zone change, it may amount to in- verse condemnation, and even if such a zone change is effected, the zone change will not assure the use of the land for that purpose. The end desired would be better accomplished by pro- viding incentives or credits to the landowner under the unclassified uses code amendment. Mr. Shea recommended that the code amend- ment not be adopted in the best interest of the public and private sector for the reasons that the proposal is regressive; it should include incentives and should more properly be included in the un- classified uses code amendment. The Chairman closed the public hearing. ON MOTION BY KERINS SECOND BY BOYLE, CODE AMENDMENT NO. 73-6 WAS ADOPTED AS AMENDED BY THE FOLLOWING VOTE: AYES: Geiger, Kerins, Porter, Bazil, Wallin, Boyle NOES: None ABSENT: Higgins The Chairman directed that Code Amendment No. 73-6 be transmitted to the City Council for public hearing on May 21, 1973 and that the transmittal to the City Council include the information that the code amendment is required to bring the Master Plan of Land Use into conformance with zoning as mandated by the State. The Chairman further directed the staff to prepare a map for Commission review on May 15 or May 22, 1973, delineating those areas to which the Recreational Open Space District may apply and following review of this map by the Commission, to set necessary parcels for zone change with the public hearing scheduled for June 5, 1973, if possible. WRITTEN COMMUNICATIONS Petition, Oak Lane/Beach Blvd./Mandrell/ Warner avenue The Acting Secretary stated that a petition has been received from residents of the area requesting the property be rezoned from R2 to R1. He stated that the area between Slater Avenue and Warner Avenue is multi -zoned and a master plan study and rezoning would have to be postponed until July or August. PC 5/l/73 14. Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 15 ON MOTION BY BOYLE SECOND BY BAZIL, THE PETITION REQUESTING REZONING WAS RECEIVED FOR FILE AND THE STAFF WAS DIRECTED TO DEFER STUDY OF THE AREA TO SOME FUTURE TIME, BY THE FOLLOWING VOTE: AYES: Geiger, Kerins, Porter, Bazil, Wallin, Boyle NOES: None ABSENT: Higgins The Chairman directed the Staff to notify the petitioners of the Commission's action. RESOLUTION NO. 1117 ON MOTION BY BOYLE SECOND BY WALLIN, RESOLUTION NO. 1117, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH SUPPORTING ADOPTION OF ASSEMBLY BILL NO. 72, WAS ADOPTED BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Kerins, Bazil, Porter, Wallin, Boyle NOES: None ABSENT: Higgins TENTATIVE TRACT NO. 7850 The Acting Secretary stated that the developer of Tentative Tract No. 7850 is having difficulty undergrounding utilities on Edinger Avenue. The burden of the undergrounding will fall totally on the'developer since the Edison Company is unwilling to assist in the undergrounding. Following discussion, the Chairman directed the staff to contact Edison Company and the developer to determine the extent of their willingness to participate in the undergrounding and to determine Edison's plans for the lines on Edinger Avenue. The Chairman directed the staff to prepare a code amendment to require undergrounding of utilities on arterial highways adjacent to new developments. C014MISSIONERS' COMMENTS Huntington Beach City Public Transportation System Commissioner Geiger presented a draft of a letter to the City Council concerning a city public transportation system ON MOTION BY BOYLE SECOND BY BAZIL, THE DRAFT OF THE TRANSMITTAL TO THE CITY COUNCIL CONCERNING A CITY PUBLIC TRANSPORTATION SYSTEM WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Geiger, Kerins, Bazil, Porter, Wallin, Boyle NOES: None ABSENT: Higgins 15. PC 5/l/73 Minutes: H.B. Planning Commission Tuesday, May 1, 1973 Page 16 Commissioner Geiger discussed the concepts of a city public transportation system. Following discussion, Commissioner Geiger was requested prepare copies of his outline of concepts and recommended course of action prepared for each Commissioner. The Chairman appointed Commissioners Boyle, Porter and Geiger to a Transportation Subcommittee to review the proposal on a city public transportation system and to report back to the Planning Commission. Deed Restrictions - Huntington Harbour Chairman Porter requested an opinion from the City Attorney concerning the City's position relative to conflicts between applications submitted to the City and deed restrictions in the Huntington Harbour area. CALL FOR INFORMAL MEETING The Chairman called an informal meeting of the Commission for a field trip to agricultural labor camps at 9 A.M. May 5, 1973 ADJOURNMENT AT 12:50 A.M., ON MOTION BY KERINS SECOND BY BOYLE, THE MEETING ADJOURNED BY THE FOLLOWING VOTE: AYES: Geiger, Kerins, Bazil, Porter, Wallin, Boyle NOES: None ABSENT: Higgins K. A. Reynolds Mhrc�us M. Porter Secretary Chairman I PC 5/l/73 16.