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HomeMy WebLinkAbout1979-04-03Approved April 17, 1979 L MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 3, 1979 - 7:00 PM COMMISSIONERS PRESENT: Council Chambers - Civic Center 2000 Main Street Huntington Beach, California Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone COMMISSIONERS ABSENT: None CONSENT CALENDAR* ON MOTION BY RUSSELL AND SECOND BY COHEN THE CONSENT CALENDAR, CONSISTING OF THE MINUTES OF MARCH 13 AND MARCH 20, 1979; CON- FORMANCE WITH GENERAL PLAN NO. 79-3; AND EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 74-18, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None ORAL COMMUNICATIONS: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 79-8/NEGATIVE DECLARATION NO. 79-20 Applicant: Glenn S. Enomoto To permit establishment of a wholesale nursery in the Edison right-of-way south of Heil Avenue and east of Newland Street. Savoy Bellavia outlined the proposal and presented two additional conditions of approval relating to onsite lighting and the main entry treatment off Heil Avenue for the Commission's consideration. The public hearing on the use permit and the negative declaration applications was opened. Glenn Enemoto addressed the Commission in support of his proposal, noting that he has been operating other such uses in the general area with no complaints from adjoining or neighboring properties. There being no other persons to speak in regard to the proposal, the public hearing was closed. * The consent calendar was reconsidered later in the meet- ing. See Page 11 for subsequent action. Minutesr H.B, Planning Commission April 3, 1979 Page 2 Commission review included discussion of the possibilitv that vehicles using the facility might carry debris out onto Heil Avenue, and the applicant agreed to assume responsibilty for cleaning up any such problem. Mr. Enomoto also concurred with the two additional conditions proposed by staff. ON MOTION BY BAZIL AND SECOND BY RUSSELL NEGATIVE DECLARATION NO. 79-20 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY BAZIL AND SECOND BY RUSSELL CONDITIONAL USE PERMIT NO. 79-8 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed use is compatible with the surrounding land uses. 2. The proposed use, when operated with precaution, results in a positive environmental effect, including weed and rodent control and an im- provement in the visual aesthetics of the site. 3. The subject site is adequate to serve the proposed use. CONDITIONS OF APPROVAL: 1. The site plan dated and received February 27, 1979, shall be the approved layout. 2. All interior roads and travelways shall have either gravel or all- weather surfacing. 3. The main entrance gate off Heil Avenue shall be set back twenty (20) feet from the ultimate right-of-way. The approach area between the right-of-way and the entrance gate shall be improved with a permanent surfacing material. 4. The proponent shall be responsible for the removal from Heil Avenue of any debris found in that street as a result of the subject use. 5. The taller and larger plant material shall only be stored away from the residential properties. Lower growing trees and shrubs shall only be permitted adjacent to the residential properties, and this plant material shall be no higher than the top portion of the wall which they abut. -2- 4-3-79 - P.C. Minutes, H.B: Planning Commission April 3, 1979 Page 3 6. All soils amendments and plantinq mix materials shall be kept dam} to minimize the possibility of such materials blowing into adjacent properties. These products shall only be stored towards the center of the subject site. 7. Spraying of plant material shall be done from the property line onto the premise of the site or inward away from the residential properties. 8. Hours of operation for the subject use shall be only during normal business hours from Monday through Saturday. No trucking or moving of plant materials, fertilizing, or spraying shall be conducted on Sundays. Only watering and minor activities shall be conducted on Sundays. 9. If lighting is included on the site, high pressuresodium vapor lamps shall be used for energy savings.. All outside lighting shall be directed to prevent spillage onto adjacent properties. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT; None ABSTAIN: None CONDITIONAL USE PERMIT NO. 79-6/NEGATIVE DECLARATION NO. 79-17 CONDITIONAL USE PERMIT NO. 79-7/NEGATIVE DECLARATION NO. 79-18 TENTATIVE PARCEL MAP NO. 79-559 Applicant: Warren H. Lortie/Robert E.' Jarrard To permit division of a 1.9 acre parcel of property into two (2) separate parcels; and to permit construction of a 390-seat church facility and a 20,000 square foot office complex on property located on the southwest corner of Main and Florida Streets. Savoy Bellavia informed the Commission that the church facility encroaches into the 20-foot setback along Main Street for approxi- mately one-third of its length and the applicant will be required to correct that encroachment or request and be granted approval for a conditional exception to permit it. Mr. Bellavia pointed out that the setback is at some points greater than required and averages the 20 feet; however, the code makes no provision for averaging. The public hearings on the above applications were opened. Bob Jarrard, developer, addressed the Commission in support of the projects and presented renderings of the elevations of the proposed uses. He concurred with the suggested conditions of approval with the exception of the tree replacement requirement, pointing out that the recommendations of the Tree Superintendent would allow a greater flexibility in size of trees to be planted and would result in a more varied and pleasing landscaping treatment. In response to questioning from the Commission he discussed the joint parking pro- -3- 4-+3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 4 posed for the uses and the possible installation of traffic controls at the intersection. The office use provides the code -required 67 spaces, and the church (if built alone) would require 130 parking spaces; however, the different hours and days when the facilities will be in use will allow the 134 spaces actually provided to fulfill the park- ing requirements, with additional spaces available onstreet and within a neighboring office -professional complex under the ownership and control of the applicant. Commissioner Bazil pointed out that for purposes of visibility the two spaces nearest the intersection on Main and Florida should be eliminated, to which the applicant agreed. Mike Zambory informed the Commission that the traffic signal at Main and Delaware Streets is scheduled to be installed some time within 1979-80, but no exact timing is available. The installation of a sig- nal at Main and Florida Streets has not been determined, and possible alternatives were discussed. Mr. Jarrard indicated his willingness to participate in the costs of whatever signalization is required by the Department of Public Works at that intersection. There being no other persons to address the Commission, the public hearing was closed. Commission discussion followed. An extensive review of the possible traffic generation to be expected from the project took place, con- sidering also the impacts to be expected from recent and future other developments on Main Street. The possibility of requiring the church facility to assume responsibility for maintenance of the transit structure was discussed and rejected. Parking and setbacks on Main and Florida were reviewed: It was the consensus of the Commission that the church/office professional uses presented a good mix for joint parking and the parking count as proposed was adequate. No consensus was reached on the setback encroachment, pending action on a conditional exception. ON MOTION BY STERN AND SECOND BY RUSSELL NEGATIVE DECLARATION NO. 79-17 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY STERN AND SECOND BY RUSSELL NEGATIVE DECLARATION NO. 79-18 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY STERN AND SECOND BY RUSSELL CONDITIONAL USE PERMIT NO. 79-6 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -4- 4-3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 5 FINDINGS: 1. The proposed church building is in substantial conformance with the Huntington Beach Ordinance Code. However, the two foot encroachment into the required perimeter setback area will require the granting of a conditional exception. 2. The proposed use is compatible with surrounding land uses. 3. The proposed joint use parking agreement meets the criteria stated in Section 9794 of the ordinance code. 4. Required offsite improvements include the installation of Florida and Main Streets and a transportation facility on Main Street. 5. The project proposes the removal of a mature stand of eucalyptus trees and replacement with new landscaping. 6. Circulation and access for emergency vehicles is adequate. Adjacent streets can adequately handle additional traffic generated from the development. CONDITIONS OF APPROVAL: 1. The site plan and elevations dated March 23, 1979 shall be the approved layout. However, the buildings shall conform to the minimum perimeter setback requirements stated in the ordinance code unless a conditional exception allowing variance from the requirements is granted by the City. 2. Prior to the issuance of building permits, an integrated landscape plan for Parcels 1 and 2 of the site plan shall be submitted to the Planning Department for approval. The forty (40) eucalyptus trees removed shall be replaced in the following manner: Twelve (12) 30-inch-box trees shall be planted in the landscape area adjacent to Main Street. Twelve (12) 24-inch-box trees shall be planted in the landscape area adjacent to Florida Street. The remaining 16 trees to be replaced can be replaced on a ratio of six (6) 15 gallon trees per tree removed, or two (2) 24-inch-box trees per tree removed, or one (1) 30-inch-box tree per tree removed, providing that eight (8) of the remaining 16 trees to be replaced shall be at 24-inch-box size. 3. The applicant shall provide a public easement to the City for main- tenance of the transportation transfer facility. The design of the transit shelter and easement shall be approved by the Director of Public Works. 4. If a traffic control device is deemed necessary at the corner of Main and Florida Streets by the Department of Public Works, the applicant shall participate in the ratio of 12.5 percent of the cost of such signal. -5- 4-3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 6 If only a pedestrian control device is i.nstallyd at Main and Florida and circuitry installed to synchronize such s_ignzil with the traffic signal at Main and Delaware Streets, the developer of the subject site shall share in the costs in excess of the normal cost of the signal at Main and Delaware. 5. Natural gas shall be stubbed in at the locations of cooking facili- ties, water heaters, and central heating units. 6. Low -volume heads shall be used on all spigots and water faucets. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 8. If lighting is included in the parking lot, energy efficient type lamps shall be installed. All outside lighting shall be directed to prevent spillage onto adjacent properties. 9. A hydrology study shall be submitted in accordance with standards of the Department of Public Works. 10. The first street parking spaces nearest the corner of Florida and Main Streets shall be delineated "no parking" and painted red on both streets, to provide visibility at that intersection. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY STERN AND SECOND BY RUSSELL CONDITIONAL USE PERMIT NO. 79-7 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW- ING VOTE: FINDINGS: 1. The proposed facility is in substantial conformance with the Huntington Beach Ordinance Code. 2. The proposed use is compatible with surrounding land uses. 3. Circulation and access for emergency vehicles is adequate. Adjacent streets can adequately handle additional traffic from the develop- ment. CONDITIONS OF APPROVAL: 1. The site plan and elevations dated March 23, 1979 shall be the approved layout. 2. Prior to the issuance of building permits, an integrated landscape plan for Parcels 1 and 2 of the site plan shall be submitted to the Planninq Department for approval. The forty (40) eucalyptus -6- 4-3-79 - PC. Minutes, H.B. Planning Commission April 3, 1979 Page 7 trees removed shall be replaced in the following manner: Twelve (12) 30-inch-box trees shall be planted in the landscape area adjacent to Main Street. Twelve (12) 24-inch-box trees shall be planted in the landscape area adjacent to Florida Street. The remaining 16 trees to be replaced can be replaced on a ratio of six (6) 15-gallon trees per tree removed, or two (2) 24-inch-box trees per tree removed, or one (1) 30-inch-box tree per tree removed, providing that eight (8) of the remaining 16 trees to be replaced shall be replaced at 24-inch-box size. 3. If a traffic control device is deemed necessary at the corner of Main and Florida Streets by the Department of Public Works, the applicant shall participate in the ratio of 12.5 percent of the cost of such signal. If only a pedestrian control device is installed at Main and Florida and circuitry installed to synchronize such signal with the traffic signal at Main and Delaware Streets, the developer of the subject site shall share in the costs in excess of the normal cost of the signal at Main and Delaware. 4. Natural gas shall be stubbed in at the locations of cooking facili- ties, water heaters, and central heating units. 5. Low -volume heads shall be used on all spigots and water faucets. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of'at an offsite facility equipped to handle them. 7. If lighting is included in the parking lot, energy efficient type lamps shall be installed. All outside lighting shall be directed to prevent spillage onto adjacent properties. 8. A hydrology study shall be submitted in accordance with standards of the Department of Public Works. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None The Commission discussed Tentative Parcel Map No. 79-559, and Commissioner Stern asked that the requirement for reciprocal easements and parking include also a requirement for a recorded copy of that agreement to be submitted to the City. Robert Jarrard advised the Commission that prob- lems have been encountered with the Recorder's Office and the California Department of Real Estate and asked that this particular condition be deleted from the parcel map. Discussion ensued, and Counsel James Georges advised the Commission that the condition should be more appro- priately placed on the conditional use permits. Upon receipt of said -7- 4-3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 8 advice, action on the tentative parcel map was continued. ON MOTION BY STERN AND SECOND BY COHEN THE COMMISSION DETERMINED TO RECONSIDER CONDITIONAL USE PERMIT NO. 79-6 BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY STERN AND SECOND BY RUSSELL THE FOLLOWING CONDITION OF APPROVAL WAS ADDED TO CONDITIONAL USE PERMIT NO. 79-6, BY THE FOLLOW- ING VOTE: CONDITION NO. 11: Prior to issuance of a certificate of occupancy for either of the uses, a reciprocal parking and access agreement shall be executed between the owners of the office and the church facilities. Said agreement shall be recorded in the office of the County Recorder and a copy of same submitted to the City in evidence thereof. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY STERN AND SECOND BY RUSSELL THE COMMISSION DETERMINED TO RECONSIDER CONDITIONAL USE PERMIT NO. 79-7, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY STERN AND SECOND BY RUSSELL THE FOLLOWING CONDITION OF APPROVAL WAS ADDED TO CONDITIONAL USE PERMIT NO. 79-7, BY THE FOLLOW- ING VOTE: CONDITION NO. 9: Prior to issuance of a certificate of occupancy for either of the uses, a reciprocal parking and access agreement shall be executed between the owners of the office and the church facilities. Said agreement shall be recorded in the office of the County Recorder and a copy of same submitted to the City in evi- dence thereof. Said agreement shall be contingent upon actual construc- tion of the church facility, and in the event the church is not built this requirement will no longer be applicable to the properties. AYES: Higgins, Russell, Stern, Finely, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None -8- 4-3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 9 ON MOTION BY STERN AND SECOND BY BAZIL TENTATIVE PARCEL MAP NO. 79-559 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed resubdivision of the property for commercial develop- ment is in compliance with size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation for this type of use. 3. The property was previously studied for this intensity of land use at the time of the land use designation for the general commercial development, which allows commercial buildings to be placed on the subject property. 4. The size, depth, frontage, street width, and other design and im- provement features of the subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supple- mental City subdivision ordinance. CONDITIONS OF APPROVAL: 1. The tentative parcel map received by the Planning Department on February 16, 1979, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. Copies of this recorded map shall be submitted to Planning & Public Works Depts. 3. Main Street and Florida Street shall be dedicated and improved to City standards at the time said parcels are developed. 4. Water supply shall be through the City of Huntington Beach water system. 5. Sewage and drainage facilities shall be installed in accordance with City standards. 6. All utilities shall be installed underground at the time said parcels are developed. AYES: Higgins, Fussell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None -9- 4-3-79 - P.C. Minutes, H..B. Planning Commission April 3, 1979 Page 10 CODE AMENDMENT NO. 79-1 Applicant: Initiated by the Department of Development Services/ Planning - Service Stations & Health Centers/Health Clubs Savoy Bellavia informed the Commission that the proposed implement- ing ordinance has now been amended as requested when it was previously before the Commission for study. The ordinance change now contains incentive for station owners to take advantage of putting the pricing information on the major identification sign by providing an addi- tional 10 square feet of sign space when that option is selected. Otherwise, the ordinance proposals are identical to those already reviewed. The public hearing was opened. No one was present to address the Commission, and the public hearing was closed. Commission review ensued. ON MOTION BY STERN AND SECOND BY BAZIL CODE AMENDMENT NO. 79-1 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None DISCUSSION ITEMS: The Design Review Board has communicated with the Planning Commission to identify a possible safety hazard in regard to a proposed service station installation at the northeast corner of Goldenwest Street and Yorktown Avenue. The Commission reviewed the site plan which it had previously approved and found no problems of inner circulation on the site which would not equally apply to most of the service stations in the community. Staff was directed to convey that information to the Design Review Board and express the Commission's appreciation for its interest and careful consideration. ORAL COMMUNICATIONS: Larry Nye and James C. Nye addressed the Commission in regard to the previously approved extension of time for Conditional Use Permit No. 74-18. Chairman of the building committee and pastor, respectively, of the church involved in the request, both speakers explained the reasons which they felt would justify a longer extension of time than that recommended by staff, and requested the Commission to reconsider its decision. Commissioner Stern noted that, since he had been absent when the con- sent calendar was approved, if part of that calendar was to be recon- sidered he would like to pull two other items for separate considera- tion: A-1 and A-3. 1 -10- 4-3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 11 ON MOTION BY RUSSELL AND SECOND BY BAZIL .THE COMMISSION DETER- MINED TO RECONSIDER ITEMS A-1, A-3, AND A-4 OF THE CONSENT CALENDAR, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: Stern CONSENT CALENDAR ITEM A-1: MINUTES OF MARCH 13, 1979 Commissioner Stern questioned whether a vote of three commissioners was sufficient to permit reconsideration of a previously denied agenda item and was informed that a simple majority vote of those present at the meeting was adequate for reconsideration. Commissioner Paone asked that a statement in regard to his with- drawal of his previous abstention on Use Permit No. 78-73 and Ten- tative Parcel Map No. 78-554 be included in these minutes. ON MOTION BY HIGGINS AND SECOND BY RUSSELL THE MINUTES OF MARCH 13, 1979, WERE APPROVED AS AMENDED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Cohen, Paone NOES: None ABSENT: None ABSTAIN: Stern, Finley, Bazil CONSENT CALENDAR ITEM A-3: CONFORMANCE WITH GENERAL PLAN 79-3: This item is a request by the Department of Public Works for a finding of conformity with the General Plan of the construction of an 8-inch sewer main in Huntington Street north of Main Street for a 270 foot extension of an existing line to provide service to a single-family house currently using a septic tank. A portion of the cost will be borne by the homeowner, and Mike Zambory advised the Commission that the City will eventually be reimbursed for the remainder of the costs when future uses tie into the line. Commissioner Stern questioned the advisability of expenditure of funds at this time for the benefit of a single property owner with only the hope of future reimbursement, and made a motion that the project be found not to be in conformance with the General Plan. Motion died for lack of a second. It was the consensus of the Commission that the financial aspects of the project were the jurisdiction of the City Council and the Commission's only area of concern was the project's conformity or non -conformity. -11- 4-3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 12 ON MOTION BY HIGGINS AND SECOND BY BAZIL CONFORMANCE WITH GENERAL PLAN NO. 79-3 WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: Stern ABSENT: None ABSTAIN: None CONSENT CALENDAR ITEM A-4: REQUEST FOR EXTENSION OF TIME ON CONDITION OF APPROVAL NO. 10 FOR CONDITIONAL USE PERMIT NO. 74-18 The Commission reviewed the delays cited by the proponents, which they indicated had prevented the occupancy of the temporary church building until September of 1976, almost two years after the original conditional use permit had been issued. Savoy Bellavia outlined the alternative action suggested by staff, which would allow additional extension of time if construction of Phase 2 of the church's original project has been started by December 31, 1979. He also indicated that staff has inspected the temporary building now in use. ON MOTION BY RUSSELL AND SECOND BY BAZIL AN EXTENSION OF TIME TO EXPIRE ON DECEMBER 31, 1980, WAS GRANTED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS: 1. The extension will provide adequate time for the church to prepare plans for its permanent building. 2. The extension will provide time for completion of the planning and permitting process through the City. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None STAFF ITEMS: Savoy Bellavia announced an upcoming informational tour for the Com- mission, and Saturday, April 21, 1979 was selected as the date for that tour. CITY COUNCIL REVIEW: Chairman Finley briefly reviewed the actions taken at the City Council on April 2, 1979 for the Commission's information. She also introduced Attorney James Georges, appointed by the Attorney's office as the new counsel to the Planning Commission, and congratulated Mike Zambory on his appointment as Director of Public Works. 1 -12- 4-3-79 - P.C. Minutes, H.B. Planning Commission April 3, 1979 Page 13 PLANNING COMMISSION COMMENTS: Commissioner Bazil, referencing a recent application before the Subdivision Committee, discussed condominium conversions and the methods and desirability of controlling future such conver- sions in the City. After discussion among Commissioners, the Planning staff and the Attorney's office were requested to supply background information on the matter. Such information should include an examination of the adverse impact of conversions on the rental supply as opposed to the benefits of provision of relatively low-cost ownership housing; ordinance issues in regard to co-ops, possible moratorium on conversions and implementing mechanisms to assure retention of low-cost housing units created by any conversions which may occur; and examples of problems already encountered by other jurisdictions in this regard. Commissioner Paone discussed the following: Safety aspects of the yellow sodium vapor street lamps. He noted that these lights often make it very difficult to distinguish traffic signal lights and suggested that the City should reverse its policy of installing that type lighting. Mr. Paone requested the Attorney's office to research and report on two recent Supreme Court cases which may have applicability to Huntington Beach: 1) the San Diego Billboard case, and 2) Agins vs. Tiburon in regard to an inverse con emnation decision. He also requested clarification of procedure in regard to action, in case of a tie vote, by a member who had previously announced his intention to abstain on a question before the Commission. ON MOTION BY BAZIL AND SECOND BY HIGGINS, THE COMMISSION ADJOURNED AT 9:45 PM, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None rles P. Spence R th Finley, Chairman Secretary Pro Te :df n