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HomeMy WebLinkAbout1973-06-051 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, JUNE 5, 1973 - 7:00 P.M. COMMISSIONERS PRESENT: Geiger, Bazil, Kerins, Porter Wallin, Boyle, Higgins COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS'MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. REAPPOINTMENT OF COMMISSIONERS Commissioner Porter announced that Planning Commissioners Bazil and Kerins have been reappointed to the Planning Commission for four year terms ending June 30, 1977. CONSENT CALENDAR (ITEM DELETED) The minutes of the Planning Commission meeting of May 15, 1973 were withheld for review prior to acceptance by the Planning Commission. CONSENT CALENDAR (ITEMS APPROVED) ON MOTION BY BOYLE SECOND BY BAZIL, THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED BY THE FOLLOWING ROLL CALL VOTE: Minutes The Minutes of April 24, 1973, May 1, 1973 and May 8, 1973 were approved as transcribed and mailed. RESOLUTION NO. 1118 A Resolution of the Planning Commission of the City of Huntington Beach recommending approval of Master Plan Amendment No. 73-3 adopted. RESOLUTION NO. 1119 A Resolution of the Planning Commission of the City of Huntington Beach recommending approval of Master Plan Amendment No. 73-4 adopted. 1. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 2 AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ITEMS TO BE CONTINUED TENTATIVE TRACT NO. 7743 (Cont. 5/15/73) In conjunction with USE PERMIT NO. 72-82 (Cont. 5/15/73) Applicant: J.M.C. Construction Co. ON MOTION BY WALLIN SECOND BY KERINS, TENTATIVE TRACT NO. 7743 AND USE PERMIT NO. 72-82 WERE CONTINUED TO AUGUST 21, 1973 WITH THE CONSENT OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ZONE CASE NO. 73-7 (Cont. 5/15/73) Applicant: The Buccola Company ON :.LOTION BY KERINS SECOND BY BOYLE, ZONE CASE NO. 73-7 WAS CONTINUED TO JULY 3, 1973 AT THE RECOMMENDATION OF THE STAFF, BY THE FOLLOWING VOTE: N. AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle Higgins NOES: None ABSENT: None REGULAR AGENDA ITEMS TENTATIVE TRACT NO. 7692 (Cont. 5/15/73) Subdivider: Signal Landmark, Inc. The Acting Secretary, Jim Palin, stated that the applicant has requested a one year extension of time to April 3, 1973. The extension is requested because of the additional time required to process an environmental impact statement. 'With reference to the environmental impact statement, the Acting Secretary stated that the Commission may accept, reject or modify the findings of the Environmental Review Board. Mr. George Stringer, Project Engineer, addressed the Commission discussing the reasons why the applicant has a vested right to complete the project. Mr. Stringer stated that the applicant has been prevented from recording the map by intervening action by the City, i.e., the imposition of the -city of a requirement 1 1 1 2. PC 6/5/73 1 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 3 for an environmental impact report. Mr. Stringer stated that the project is in full compliance with the requirements of the City. Chairman Porter stated that the Commission should take a serious look at the effect of Signal's rapid development within the City. Mr. Stringer stated that Signal has developed a total of 400 lots within the City in three years. Commissioner Wallin stated that the questions previously raised by Commissioner Geiger were not raised in the environmental impact statement nor have they been resolved. Those questions were the generation of automobile pollutants, no provisions have been made for increased traffic loads on arterial highways, and the project significantly intrudes upon open space and agricultural space. ON MOTION BY HIGGINS SECOND BY BAZIL, THE RECOMMENDATION OF THE ENVIRONMENTAL REVIEW BOARD WAS ACCEPTED INCORPORATING THOSE MITIGATING POINTS CONTAINED IN THE ENVIRONMENTAL REVIEW BOARD'S TRANSMITTAL TO THE PLANNING COMMISSION,'BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ON MOTION BY BOYLE SECOND BY HIGGINS, AN EXTENSION OF TIME ON TENTATIVE TRACT NO. 7692 WAS GRANTED TO APRIL 3, 1973, SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS OF APPROVAL RECOMMENDED BY THE PLANNING DEPARTMENT AND AGREED TO BY THE APPLICANT, BY THE FOLLOWING VOTE: 1. The revised map received September 20, 1972 and approved by the Planning Commission on October 3, 1972 shall be the approved layout. 2. All previous conditions of approval required by the Planning Commission on April 4, 1972 and at the October 3, 1972 meeting shall be complied with. 3. - The developer shall be subject to the required park dedication in effect at the time that the Planning Commission grants the one year extension of time. 3. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Paige 4 4. The minimum offset from all dwellings to the normal travel lane of arterial streets shall be 35 feet. 5. All dwellings to be provided with forced air ventilation. 6. Full insulation of all exterior walls and ceilings of dwellings is required to help minimize the h,irder_ on heating and cooling systems. 7. Disposal of building spoil, unusable lumber, tarpaper, wire, pipe and other excess or unusable waste shall be done at off -site facilities equipped to handle them. 8. Development to be constructed with balanced power to reduce possible overload on any one energy resource. 9. Building foundations for this project should be designed to withstand a maximum gravity acceleration of 7.5 ft./ sec.2 as outlined by.the Environmental Impact Report. 10. all standard. conditions of approval for tentative maps dated May 23, 1972 that -are applicable shall be complied with. - AYES: Geiger, Bazil, Kerins, Wallin, Boyle, Higgins NOES: Porter ABSENT: None Chairman Porter stated that he is not opposed to development but two questions are still unanswered - liability of the city in the area of flood and the geological fault zone. Until the city has some assurance by the Corps of Engineers to preclude innundation by a project flood and information on the fault zone, no further development should be permitted in those areas affected by these factors. In response to a question by Commissioner Wallin, Mr. Bob James, Vice President, Signal Landmark, Inc. stated that information relative to the flood plain, fault zone and school situation is provided potential purchasers prior to deposit being made on the property, not at the close of escrow. This information is also posted in every sales office as required by law. CONDITIONAL EXCEPTION NO. 73-26 TENTATIVE TRACT NO. 8270 (Cont. 5/15/73) USE PERMIT NO. 73-20 (Cont. 5/15/73) Applicant: Classic Development Corp. 4. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 5 Tentative Tract No. 8270 is a request for 13 lots, 1.25 gross acres, located at the southwest corner of Constantine Drive and Lister Lane. Use Permit No. 73-20 is to permit construc- tion of a 12 unit planned residential development. Conditional Exception No. 73-26 is to permit a total of two covered parking spaces per unit in lieu of S. 9310.22 of the Huntington Beach Ordinance Code. The Acting Secretary discussed the review of the tentative map by the Subdivision Committee. The Chairman opened the public hearing on Conditional Exception No. 73-26 and Use Permit No., 73-20. Mr. Bob De Almeida, representing Ron Martin and Associates, addressed the Commission discussing the plan. He -stated that the required parking can be provided on site, however, to do so would be detrimental to the project. There being no one further present to speak, the Chairman closed the public hearing. Commission discussion followed. ON MOTION BY HIGGINS SECOND BY BAZIL, CONDITIONAL EXCEPTION NO. 73-26 WAS APPROVED FOR THE REASONS THAT THE CONFIGURATION OF THE PROPERTY CREATES A HARDSHIP IN THE AMOUNT OF IMPROVE- MENTS REQUIRED, THE NUMBER OF OFF -SITE PARKING SPACES IS MORE THAN IS NORMALLY AVAILABLE AND TO REQUIRE ADDITIONAL ON -SITE PARKING WOULD BE DETRIMENTAL TO THE PROJECT BECAUSE IT WOULD REQUIRE DELETING GREEN SPACE, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Porter, Wallin,Boyle, Higgins NOES: Kerins ABSENT: None Commissioner Kerins stated that he does not concur that the reasons stated constitute a valid hardship. ON MOTION BY HIGGINS SECOND BY BAZIL, TENTATIVE TRACT NO. 8270 WAS APPROVED SUBJECT TO THE FOLLOWING AMENDED CONDITIONS, BY THE FOLLOWING VOTE: 1. The tentative map and precise plan received March 12, 1973 shall be the approved layout. 2. A six (6) ft. high decorative masonry wall shall be constructed along the west property line. 5. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 6 3. the (;Gilt's and Association rules shall contain a clause limiting the total number of votes allocated to rental units to 49% of the total number of votes of the associa- tion. 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. S. Stamped concrete shall be constructed within the parking court delineated on plot plan received March 12, 1973. 6. All applicable conditions of the standard conditions of approval shall be complied with. AYES: Geiger, Bazil, Porter, Wallin, Boyle, Higgins NOES: Kerins ABSENT: None ON MOTION BY BOYLE SECOND BY HIGGINS, USE PERMIT NO. 73-20 WAS APPROVED SUBJECT TO ALL CONDITIONS OF APPROVAL IMPOSED ON TENTATIVE TRACT NO. 8270, BY THE FOLLOWING VOTE: AYES: Bazil, Geiger, Porter, Wallin, Boyle, Higgins NOES: Kerins ABSENT: None TENTATIVE TRACT NO. 8307 Subdivider: James Montgomery Tentative Tract No. 8307 is a request for 10 lots, multiple family, located at the northwest corner of Warner Avenue and Sims Street. The property is zoned R3 and master planned high density. The Acting Secretary stated that the engineer has submitted a layout for the PLanning Commission's review showing a service road frontage with an overlay of the proposed develop- ment. In response to a question by Chairman Porter, the Acting Secretary stated that the subject property is located within the Coastal Zone. Mr. Louis Brazdeville, representing the applicant, addressed the Commission speaking in favor of the project. ON MOTION BY WALLIN SECOND BY BOYLE, TENTATIVE TRACT NO. 8307 WAS APPROVED SUBJECT TO THE FOLLOWING AMENDED CONDITIONS, BY THE FOLLOWING VOTE: 6. PC 6/S/73 1 I� Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 7 1. The tentative map and plot plan received May 15, 1973, shall be the approved layout. 2. The planter area within common driveway shall have a minimum 2 ft. inside dimension. 3. The fencing at the rear of the parking area shall be open split rail, pilaster or something of similar material and design. A plan for said fencing shall be approved by the Planning Department prior to the issuance of building permits. 4. A landscaping plan for the median planter area within common driveway shall be submitted for approval action to the Planning Department prior to the issuance of building permits. S. Full insulation of all exterior walls and ceiling of the dwelling units shall be required to help minimize the_ burden of heating and cooling systems. 6. There shall be a minimum of three trees for each lot - one 30" box within the front yard and two 2" box within the rear yard open space area. 7. Roofing material shall be heavy wood shakes. 8. Special architectural treatment shall be provided on the side of the structure siding on Warner Avenue. 9. All applicable conditions of the standard conditions of approval for tentative tract maps dated May 23, 1973, shall be complied with. AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ENVIRONMENT AND RESOURCES SECTION - POLICY PLAN The Acting Secretary stated that following a review by the Planning Commission, the Citizens' Streering Committee for Goals and Objectives and members of the various subcommittees, the Objectives and Principles of the Environment and Resources Section of the Policy Plan are offered for adoption and incorporation into the Master Plan for the City of Huntington Beach. 7. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 8 The Chairman opened the public hearing on the Objectives and Principles of the Environment and Resources Section of the Policy Plan. Mr. David Carlberg, a member of the Subcommittee on Shoreline addressed the Commission, clarifying recommendations. There being no one further present to speak, the Chairman closed the public hearing. RESOLUTION NO. 1121 ON MOTION BY KERINS SECOND BY WALLIN, RESOLUTION NO. 11219 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH ADOPTING THE OBJECTIVES AND PRINCIPLES OF THE ENVIRONMENT AND RESOURCES SECTION OF THE POLICY PLAN, AS AMENDED, WAS ADOPTED BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None SITE PLAN NO. 73-2 Applicant: William Loy Chan Site Plan No. 73-2 is a request for on -sale beer located at 16612 Beach Blvd. ON MOTION BY BOYLE SECOND BY BAZIL, SITE PLAN NO. 73-2 WAS APPROVED SUBJECT TO ALCOHOLIC BEVERAGE CONTROL BOARD GRANTING A PERMIT, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None SITE PLAN NO. 73-3 Applicant: John de la Haye Site Plan No. 73-3 is a request for on -site sale and consumption of beer and wine, on property located on the south side of Warner Avenue approximately 495 ft. west of Goldenwest Street. ON MOTION BY BOYLE SECOND BY HIGGINS, SITE PLAN NO. 73-3 WAS APPROVED SUBJECT TO ALCOHOLIC BEVERAGE CONTROL BOARD GRANTING A PE"IIT, BY THE FOLLOWING VOTE: 8. PC 6/5/73 1 1 1 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 9 AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 73-03 Applicant: Beach City Swimming Pools Conditional Exception No. 73-03 is a request for an office trailer located on 1.66 acres on the east side of Beach Blvd. approximately 400 ft. south of Garfield Avenue. The property - is zoned C4 and master planned commercial -retail. The Acting Secretary stated that a letter has been received from Mr. John L. Champagne, opposing the request. The Chairman opened the public hearing on Conditional Exception No. 73-03. Mr. Arthur J.'Folger', representing the applicant, Mr. Clark, addressed the Commission speaking in favor of the request. Mr. Folger stated that a hardship exists by virtue of the fact that the trailer has already been purchased, no office space is available in the area, and that because of a short term lease, the applicant cannot construct permanent facilities. There being no one further present to speak, the Chairman closed the public hearing. Commission discussion followed. ON MOTION BY BOYLE SECOND BY BAZIL, CONDITIONAL EXCEPTION NO. 73-03 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: 1. No hardship was shown by the applicant. 2. There are no extraordinary or exceptional circumstances or conditions applicable to this site and no extraordinary or special circumstances were brought forth by the applicant. 3. The grant of the conditional exception will be adding on to an existing land use situation which is a detri- ment to the surrounding properties. 9. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 10 4. That said addition to an existing non -conforming use will not cause the existing site to conform to code standards and will not create added beauty and harmony to the immediate vicinity as per requirements in S. 9716 - Additions, Exterior Alterations to a Non -Conforming Use. AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None - ABSENT: None Commissioner Boyle requested the Building Department to take remedial action if any violations are found to exist on the property which is the subject of Conditional Exception No. 73-03 and report to the Planning Commission. ZONE CASE NO. 73-11 Initiated by the Planning Commission '.one Case No. 73-11 proposes a change of zone from R1 Low Density Residential to R5 Office -Professional District on .567 acres of property located on the north side of Adams Avenue approximately 580 ft. east of Magnolia Street. The property is master planned office -professional. The Chairman opened the public hearing on Zone Case No. 73-11. There being no one present to speak, the Chairman closed the public hearing. ON MOTION BY KERINS SECOND BY BAZIL, ZONE CASE NO. 73-11 WAS APPROVED FOR THE REASON THAT THE CHANGE CONFORMS TO THE MASTER PLAN, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Higgins NOES: Boyle ABSENT: None ZONE CASE NO. 73-12 Initiated by the Planning Commission Zone Case No. 73-12 proposes a change of zone from R1 Low Density Residential District to Cl Neighborhood Commercial District on .97 acres of land located at the southwest corner of Indianapolis Avenue and Newland Street. Subject property is master planned Commercial -Retail. The Chairman opened the public hearing on Zone Case No. 73-12. 1 1 �l 10. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 11 There being no one present to speak, the Chairman closed the public hearing. ON MOTION BY BOYLE SECOND BY BAZIL, ZONE CASE NO. 73-12 WAS APPROVED FOR THE REASON THAT THE CHANGE CONFORMS TO THE MASTER PLAN OF LAND USE AND THE EXISTING USE, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins, NOES: None ABSENT: None ZONE CASE NO. 73-13 Initiated by the Planning Commission Zone Case No. 73-13 proposes a change of zone from M1-A-0 Restricted Manufacturing District combined with oil produc- tion to MH Mobile Home Zone on approximately four acres located on the west side of Newland Street approximately 700 feet north of Pacific Coast Highway. The Chairman opened the public hearing on Zone Case No. 73-13. There being no one present to speak, the Chairman closed the public hearing. ON MOTION BY BOYLE SECOND BY KERINS, ZONE CASE NO. 73-13 WAS APPROVED FOR THE REASON THAT THE CHANGE CONFORMS TO THE EXISTING MASTER PLAN, BY THE FOLLOWING VOTE: AYES: Kerins, Porter, Boyle, Higgins NOES: Geiger, Bazil, Wallin ABSENT: None The Chairman directed the following minority report be made a part of the record: Minority Report - Zone Case No. 73-13 Because the subject property has adequate depth .for industrial development and because property in the area has been held for industrial uses and is located across the street from a generating station, the property should be retained for manufacturing use. MASTER PLAN AMENDMENT NO. 73-5 Initiated by the Planning Commission 11. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 12 Master Plan Amendment No. 73-5 proposes.a. change in the Master Plan of Land Use from Office -Professional to Commercial on approximately .75 acres of property located at the northeast corner of Atlanta Avenue and Brookhurst Street. The Chairman opened the public hearing on Master Plan Amend- ment No. 73-5. There being no one present to speak, the Chairman closed the public hearing. ON MOTION BY KERINS SECOND BY BAZIL, MASTER PLAN AMENDMENT NO. 73-5 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None RESOLUTION NO. 1120 ON 'MOTION BY BOYLE SECOND BY WALLIN, RESOLUTION NO. 1120, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH RECOMMENDING APPROVAL OF MASTER PLAN AMENDMENT NO. 73-5 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None SIGN APPEAL - HEATH $ COMPANY This appeal has been filed by Heath & Company to the denial by the Board of Zoning Adjustments of a request for a 60 ft. pole sign proposed to be located at 21401 Brookhurst Street. The Chairman opened the public hearing on the appeal to denial of a pole sign. Mr. Eugene Beirsmeister, representing the Heath Company addressed the Commission, speaking in favor of the proposed sign. 1\tr. Beirsmeister stated that the location of an under- grou►id power transformer on the property precludes construction of a monument sign and that a pole sign is preferable because it will not obstruct the vision of passing motorists. Mr. James Kent of Colwell $ Ray, Architects, was'present and spoke in favor of the proposed sign. 'Mr. Kent stated that he was present at the Board of Zoning Adjustments meeting at 12. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 13 which time conditions were established on Administrative Review No. 72-122 and that he did not understand -that he had agreed to construct a monument sign at the location. He did understand that signs would be subject to approval by the Board of Zoning Adjustments. Mr. Harold McGrath of Milton Enterprises, was present and spoke in favor of the proposed sign. It was determined that the proposed sign conforms to all requirements of the Huntington Beach Ordinance Code; however, conditions of approval of Administrative Review No. 72-122 clearly state that the only signs permitted shall be those submitted and approved at the time of the original application and no structures, other than those shown on the approved plot plan, shall be constructed within the project. There being no one further present to speak, the Chairman closed the public hearing. ON MOTION BY KERINS SECOND BY WALLIN, THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS TO DENY A 60 SQ. FT. POLE SIGN AT 21401 BROOKHURST STREET WAS UPHELD FOR THE FOLLOWING REASONS: 1. The applicant indicated at the Board of Zoning Adjust- ments meeting that he agreed to a monument sign at the location. 2. A monument sign can be constructed and placed some distance from the existing 5-1/2 ft. block wall, thereby not obstructing the sight of passing motorists. 3. A pole sign would be contrary to the principles of the Development Section of the Policy Plan. AYES: Geiger, Kerins, Porter, Wallin, Boyle NOES: Bazil, Higgins ABSENT: None The Chairman directed that if this decision is appealed that the Board of Zoning Adjustments minutes be transmitted to the City Council. Appeal - Pole Sign United Lighting and Sign Co. 13. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 14 The appeal is to the denial by the Director of Building and Community Development for issuance of a building permit for a 270 sq. ft. pole sign, proposed to be located at the north- west corner of Brookhurst Street and Hamilton Avenue. A plot plan and copy of the sign were posted. The Chairman opened the public hearing on the appeal to the denial of issuance of a permit by the Director of Building' and Community Development. Mr. John Harrison, Tarbel Realty, located within the shopping center addressed the Commission. Mr. Harrison stated that a representative from United Lighting was to have been present but was not and that -he represented the seven merchants involved with the sign request. Mr. Harrison spoke in favor of the requested'sign. There being no one further present to speak, the Chairman closed the public hearing. ON MOTION BY KERINS SECOND BY BOYLE, THE PLANNING COMMISSION UPHELD THE DENIAL OF A 270 FT.,POLE SIGN BY THE DIRECTOR OF BUILDING AND COMMUNITY�DEVELOPMENT FOR THE REASONS THAT A CONDITION OF THE BOARD OF ZONING ADJUSTMENTS ACTION WAS THAT NO STRUCTURES OTHER THAN THOSE SHOWN ON THE PLOT PLAN (ADMINISTRATIVE REVIEW NO. 71.-33) WERE PERMITTED AND PURSUANT TO DISCUSSIONS WITH THE DEVELOPER, THE DEVELOPER AGREED THAT THERE WOULD BE NO SIGNING ON HAMILTON AVENUE, BY THE FOLLOW- ING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None In response to a question by Chairman Porter, Deputy City Attorney John O'Conner stated that if the applicant does not appeal the decision of the Board of Zoning Adjustments within the prescribed time period, he has waived his rights to any structure other than those shown on the approved plot plan. The Chairman stated that it appeared that the proper course of action would be for the applicant to file an amended plot plan. 14. PC 6/5/73 Minutes: II. 13. 11Irinning Commission Tuesday, .lure S, 1973 Page 15 CODE AMENDMENT NO. 73-13 Code Amendment No. 73-13 proposes to provide temporary park- ing facilities to supplement peak seasonal demands near the beach -area and to upgrade the standards of landscaping require- ments. The Acting Secretary stated that this code amendment was initiated at the request of the City Administrator. The Chairman opened the public hearing on Code Amendment No. 73-13. Mr. Jack Wallace, Huntington Beach, addressed the Commission speaking in favor of the proposed code amendment but he suggested that because the investment cannot be amortized in the time permitted, that approval be for a five year period with annual review of conditions of approval to assure compliance. There being no one further present to speak, the Chairman closed the public hearing. ON MOTION BY HIGGINS SECOND BY PORTER, CODE AMENDMENT NO. 73-13 WAS APPROVED AS AMENDED BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Porter, Wallin, Boyle, Higgins NOES: None ABSTAIN: Kerins (Commissioner Kerins was out of the room at ABSENT: None the time the vote was taken.) WRITTEN COMMUNICATIONS Tentative Tract No. 7771 City Engineer Bill Hartge submitted a written report concern- ing a petition submitted by residents adjacent to Tentative Tract No. 7771. The petition makes the following requests: 1. Removal of all existing trees adjacent to the property lines and replacement with an equal number but not less than 33 trees. The replacement trees should not be less than 36 inch tub. ?. The installation of a block wall fence between the petitioners homes and the Alpine Development (Tract 77711 prior to issuance of any building permits. 15. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 16 3. Complete and proper backfilling and grading of the Classic Development immediately, or the forfeiture of the Classic bonds now held by the City of Huntington Beach. Mr. Robert Cronk, 18312 Hartlund, addressed the Commission as spokesman for the petitioners. Following discussion, the Chairman requested the Public Works Department to prepare an overlay showing the trees in relation to the property line for consideration by the Planning Commis- sion at the June 12, 1973 study session. Orange County Flood Control District Santa Ana River Bicycle Trail The Orange County Flood Control District requests a report. by the City of Huntington Beach Planning Commission as to conformity of the proposed trail extension with regard to the city's master plan. ON MOTION BY BOYLE SECOND BY WALLIN, THE PLANNING COMMISSION CONCURS WITH THE PROPOSED SANTA ANA RIVER BICYCLE TRAIL EXTENSION AND URGES IMPLEMENTATION AS SOON AS POSSIBLE, BY THE -FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Conflict of Zoning and Master Plan Sandra H. Darling, et. al. The Acting Secretary stated that a letter has been received from Mrs. Darling concerning property located at the north- west corner of Goldenwest Street and Edinger Avenue. The staff has recommended rezoning the property from C4 to R5 to eliminate a conflict between the zoning and master plan. Mrs. Darling states that a project on the property is eminent and she is awaiting plot plans and elevations from the designer preliminary to submission of an Administrative Review on a commercial project and requests the zoning be deferred to a later time. ON MOTION BY KERINS SECOND BY BAZIL, THE TENTATIVE REZONING OF SUBJECT PROPERTY IS TO BE WITHHELD UNTIL A PLAN ON THE PROPERTY HAS BEEN SUBMITTED AND REVIEWED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: 16. PC 6/5/73 1 Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 17 AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Water Saver Toilets and Plastic Water Pipes Report: Building and Community Development Department A written report was submitted as requested by the Planning Commission. Open Space Element of the General Plan Commission discussed the Attorney General's letter urging priority attention to adoption by the city of a local open space plan as required by state law. Planning Director K. A. Reynolds stated that it was anticipated that the plan would be submitted to the Planning Commission at the first study session in July 1973 and it was further anticipated that legislation would be adopted extending the deadline for adoption of the open space element. Mid Year Progress Report Planning Commission Goals Commissioner Kerins suggested a mid -year progress report be submitted to the Planning Commission on Commission goals. COMMISSIONERS' COMMENTS Attorney's Opinion Requested Subdivision Requirements Commissioner Bazil requested an opinion from the City Attorney on the legal limitations of placing requirements on subdivi- sions and divisions of land in excess of code requirements. Sign Permits Language Clarification The Chairman directed the Department of Building and Community Development to submit a report to the Planning Commission concerning when clarification of language on sign permits can be expected. The report was requested for June 12, 1973. 17. PC 6/5/73 Minutes: H. B. Planning Commission Tuesday, June.5, 1973 Page 18 Planning Commission Transportation Subcommittee Commissioner Geiger requested and received permission for Dr. S. Lampert to, address the Planning Commission on June 12', 1973 relative to a transportation system within Huntington Beach. Criteria for Denial of Applications Commissioner Geiger stated that he had received information from the Deputy City Attorney concerning criteria for denial of applications and suggested this information be made avail- able to other members of the Planning Commission. Deputy City Attorney John O'Conner suggested that the report be expanded to include grounds for approval as well as denial. The report will be prepared by the City Attorney's office for the Commission's information. Imposition of Recreation and Open Space District Chairman Porter requested a report from the City Attorney concerning the legality of initiating a zone change to Recreation and Open Space District prior to the effective date of the ordinance establishing the district. Confidential Memorandum Deputy City Attorney John O'Conner suggested initiation of a confidential memorandum to the Planning Commission concerning information which may jeopardize litigation as a means of keeping the Commission informed as to the status of issues with which they are concerned. Time Period for Hearing Applications With the delay created as a result of environmental impact reports and exemption declarations, the Chairman requested a report from the staff as to possible procedures which may be established to preclude scheduling of applications before the Planning Commission prior to the processing of the environmental requirements. The report was requested for the study session of June 12, with particular regard to tentative tracts and zone cases. Signal Landmark, Inc. Fencing Requirements 18. PC 6/5/73 1 LJ I Minutes: H. B. Planning Commission Tuesday, June 5, 1973 Page 19 Chairman Porter requested staff to investigate the fencing requirements on the development at the northeast corner of Newland Street and Adams Avenue to determine compliance with conditions of approval. ADJOURNMENT There being no further business, at 12:45 A.M. the meeting adjourned. '"'' '/-- 2_� 1:. A. Reynolds t Marcus M. Porter Secretary Chairman 19. PC 6/5/73