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HomeMy WebLinkAbout1979-10-16Approved: November 6, 1979 MINUTES HUNTINGTON BEACH PLANNING COMMISSION REGULAR MEETING Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, OCTOBER 16, 1979 - 7:00 PM COMMISSIONERS PRESENT: Winchell, Kenefick, Stern, Bazil, Greer Shea, Bauer COMMISSIONERS ABSENT: None The meeting was called to orcer at 7:00 p.m. by Secretary James Palin. He advised those present that all commissioners have been duly sworn into office by the City Clerk. ELECTION OF OFFICERS: Secretary Palin opened the nominations for Chairman. Commissioner Shea nominated Bob Bazil; Commissioner Greer nomin- ated John Stern. Commissioner Bazil was elected chairman by unanimous vote and assumed the chair. Chairman Bazil opened the nominations for Vice Chairman. Commis- sioner Bauer was nominated on motion by Shea and second by Winchell; Commissioner Bauer nominated Grace Winchell, and Com- missioner Greer nominated John Stern. Commissioner Shea moved to close the nominations. Commissioner Bauer was elected Vice Chairman by the following vote: AYES: Winchell, Kenefick, Stern, Bazil, Shea NOES: Greer ABSENT: None ABSTAIN: Bauer CONSENT AGENDA: Secretary Palin announced that a request has been received from the Police Department to delay Consent Item A-4, Conformance with General Plan no. 79-14, to a point later in this meeting. There being no objection, Item A-4 was pulled from the consent agenda. Legal counsel Jim Georges advised that approval of the minutes of the previous Commission will require a majority vote of those present or those who have reviewed the tapes of the pro- ceedings. Commissioners Kenefick and Winchell indicated that they have reviewed the records of both the September 27 and the October 2 meetings. At the suggestion of Commissioner Stern, it Minutes, H.B. Planning Commission October 16, 1979 Page 2 was determined to act on each consent item individually. ON MOTION BY STERN AND SECOND BY BAZIL THE MINUTES OF THE MEETING OF SEPTEMBER 27, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOL- LOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil NOES: None ABSENT: None ABSTAIN: Greer, Shea, Bauer ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE MINUTES OF THE MEETING OF OCTOBER 2, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Bazil NOES: None ABSENT: None ABSTAIN: Stern, Greer, Shea, Bauer ON MOTION BY STERN AND SECOND BY WINCHELL CONSENT ITEM A-3, EXTEN- SION OF TIME FOR CONDITIONAL USE PERMIT NO. 78-21, WAS APPROVED AS REQUESTED, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY STERN AND SECOND BY SHEA CONFORMANCE WITH GENERAL PLAN NO. 79-15, DECLARATION OF SURPLUS PROPERTY SOUTH OF WARNER AND WEST OF LYNN STREET, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ORAL, COMMUNICATIONS: Stanley Cohen, former Commissioner, addressed the Commission in regard to past and future Commission policies and actions, and wished the new Commissioners well. REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 79-23/TENTATIVE TRACT 10853/NEGATIVE DECLARATION NO. 79-59 Applicant:- Mola Development Company To permit a one -lot subdivision for the purpose of constructing 224 condominium units on the east side of Bolsa Chica approximately 700 feet south of Warner Avenue. -2- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 3 Secretary Palin informed the Commission that a letter has been re- ceived from the applicant agreeing to a continuance to the regular meeting of November 20, 1979, to permit time to file necessary additional information. Chairman Bazil opened the public hearing; the hearing was closed when no one appeared to address the Com- mission. Commissioner Stern discussed the information contained in the nega- tive declaration and the earth moving which had taken place on the site. He followed his discussion with a motion that the Commission deny Negative Declaration No. 79-59 and require a full environmen- tal impact report on those particular issues with which the Commis- sion has raised questions. Motion failed foz lack of a second. Staff pointed out that the 45-day mandatory period during which a decision on the environmental documents must be made has expired and the Commission had, in fact, already determined to pursue an expanded negative declaration for the project. Further discussion took place to bring all new commissioners up to date on prior actions in regard to the subject applications. ON MOTION BY SHEA AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 79-23, TENTATIVE TRACT MAP NO. 10853, AND NEGATIVE DECLARATION NO. 19-59 WERE CONTINUED TO THE REGULAR MEETING OF NOVEMBER 20, 1979, WITH THE WRITTEN CONCURRENCE OF THE APPLICANT, BY THE FOL- LOWING VOTE: AYES: Winchell, Kenefick, Bazil, Greer, Shea, Bauer NOES: Stern ABSENT: None ABSTAIN: None ZONE CHANGE NO. 79-8/NEGATIVE DECLARATION NO. 79-67 Applicant: Dewey Davide, et al To permit a change of zone from C-3 to Oldtown Specific Plan, District One, on property located on the west side of Blocks 202 and 302 and the east side of Blocks 201 and 301 (bordering Walnut on the south side, Lake at the north, and the center of Olive Avenue). The public hearing was opened. Chairman Bazil requested the ap- plicant to limit himself to 15 minutes of discussion and other speakers to speak for only three minutes each unless one repre- sentative wished to speak for all. Dewey Davide addressed the Commission to describe the area's pre- sent state of development, which he said was 60 percent residential, 20 percent vacant, and 20 percent in oil uses; it was his conten- tion that commercial was not a viable zoning for the area. He also informed the Commission of his previous application for R1 zoning on his property a year ago when the whole area was under study for mixed use; he noted that at that time he had been assured that the planning studies would be completed within a few months. -3- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 4 A property owner in the area addressed the Commission in support of the requested zone change, saying that the limited access and parking availability, as well as the already developed residential nature of the area, make commercial development very infeasible. Cecil Wheat spoke in favor of residential designation for the entire area, not just the subject property. Gary Westab, 302 Second Street, described the difficulties in ob- taining financing and insurance in the area because of the non- conforming nature of the uses. He pointed out that the commercial zoning is of long standing and if nothing has been developed within all that time it is unlikely that commercial development will ever take place. Lillian Renaldi spoke in favor of the rezoning. Norma Nelson, owner of several lots in the vicinity including some fronting on Pacific Coast Highway and some on Second Street, asked for clarification on the boundaries of the proposed zone change. She was assured that her ocean front lots were not included in the zone change request and that the City would not normally require demoli- tion of her existing non -conforming residential units, although if they should burn they could not be reconstructed in the present com- mercial zone. Greta Pruitt addressed the Commission to urge that a comprehensive zoning redesignation be undertaken for the entire area with the best interests of the largest number of property owners in mind. There being no other persons to speak for or against the proposal, the public hearing was closed. Commissioner Shea made a motion that the Commission approve Zone Change No. 79-8 for recommendation to the City Council. Motion failed for lack of a second. Secretary Palin described the Downtown Core Plan (involving the area bounded by Third and Fifth Streets, Orange Avenue, and Pacific Coast Highway). The core plan is scheduled to go to the City Council on November 5, and the Council has also requested a report on the intensity of land uses surrounding that core area. He also informed the Commission that the Local Coastal Plan is scheduled to be com- pleted by the first of the year, and the fiscal impact model will soon be available for use in comprehensive study of the City's land uses. Commission discussion ensued, with the majority of the commissioners concurring that a continuance was indicated to permit current studies to be completed. Mr. Davide, however, refused to concur with any continuance. Commissioner Shea made a motion that the property in question in Zone Change 79-8 be rezoned to Oldtown Specific Plan. Motion failed for lack of a second. L -4- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 5 ON MOTION BY STERN AND SECOND BY WINCHELL ZONE CHANGE NO. 79-8 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS: 1. Approval of the zone change may conflict with land uses recommended in the Coastal Element of the General Plan. 2. The zone change may not be compatible with surrounding C-3 zoning. 3. The change would create a small, isolatea zone within the larger commercial zone. AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer NOES: Shea ABSENT: None ABSTAIN: None The applicant was advised of the appeal period and procedure. The Commission recessed at 8:40 p.m. and reconvened at 8:55 p.m. The Commission discussed the negative declaration for the pre- viously denied zone change (79-8), considering whether or not it was adequate to assess the impacts of residential designa- tion for the property. ON MOTION BY STERN AND SECOND BY GREER NEGATIVE DECLARATION NO. 79-67 WAS DENIED BASED ON THE FINDINGS APPLIED TO THE DENIAL OF ZONE CHANGE 79-8, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Greer, Bauer NOES: Bazil, Shea ABSENT: None ABSTAIN: None The applicant had left the meeting before this action,and will be advised of the denial by staff in order to allow him to in- clude the negative declaration in any subsequent appeal.. CONDITIONAL USE PERMIT NO. 79-24/TENTATIVE PARCEL MAP NO. 79-560/ NEGATIVE DECLARATION NO. 79-61 Applicant: Hunsaker & Associates, Inc. To permit the division of 3.26 acres of land into three (3) sep- arate parcels and the construction of a 346-seat church sanctuary on one of the parcels, located at the southwest corner of Clay Avenue and Delaware Street. The public hearing was opened. -5- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 6 Rick Fitch, representing the applicant, was present. The Commission reviewed a recommendation from the City Traffic tngineer to either limit the drive off Delaware to a one-way drive or eliminate the left hand turning pocket, because of the close proximity of that entrance to the intersection. Commissioner Bazil discussed with Mr. Fitch the possibility of providing another access from Huntington Street over the 19 foot strip of property at the rear, which is under the ownership of the church, in the event the Commission accepts the recommendation of the Traffic Engineer. Paul Hill, member of the church and a retired traffic engineer, ad- dressed the Commission to state that they would be opposed to pro- viding such an entrance off Huntington Street because it would open the church parking lot up as a possible short cut for area residents. The church, however,'is agreeable to widening the entrance off Delaware to provide ample space for two-way traffic into the parking areas. Jack Clapp addressed the Commission to say that these recommendations have not been presented to the church building committee and he would prefer not to have to make a decision on the matter without further consideration. It was his opinion that the present circulation and access system would be adequate for the church's needs, and the possi- bility of providing an access off Huntington Street would still remain open if in the future the access was found to be hazardous or inadequate. He also noted that there is some urgency in obtaining the lot split, and asked that the request not be continued. The public hearing was closed. Ensuing Commission discussion included extensive review of the access problem, consideration of the size of Parcels 2 and 3, which the appli- cant is proposing to sell as residential lots, and the parking count on the church facility itself. Staff advised that the remaining lots are of legal size to accommodate the R2 development for which they are zoned and that the parking count is approximately 26 percent over code requirements for the proposed use. ON'MOTION'BY SHEA AND SECOND BY KENEFICK NEGATIVE DECLARATION NO. 79-61 WAS ADOPTED AND CONDITIONAL USE PERMIT NO. 79-24 AND TENTATIVE PARCEL MAP NO. 79-560 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR TENTATIVE.PARCEL MAP NO. 79-560: 1. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 2. The size, depth, frontage, street width, and other design and improvement features of the proposed subdivision are proposed -6- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 7 to be in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and with supplemental City subdivision ordinance. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 79-560: 1. The tentative parcel map received by the Department of Devel- opment Services on February 23, 1979 shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and shall be recorded w!4�h the Orange County Recorder. 3. Offsite improvements (e.g., curbs, gutters, sidewalks) shall be constructed to City standards at the time said parcels are developed. 4. Sewer, drainage, and water facilities shall in installed in accordance with Department of Public Works standards. 5. All utilities shall be installed underground at the time said parcels are developed. 6. Copies of the recorded parcel map shall be filed with the Departments of Public Works and Development Services. 7. The property shall participate in all drainage assessment district requirements and fees. FINDINGS - CONDITIONAL USE PERMIT NO. 79-24: 1. The proposed parking is adequate to accommodate church func- tions. 2. The proposed new sanctuary is compatible with the surrounding neighborhood and conforms with development standards stated in Division 9 of the Huntington Beach Ordinance Code. 3. Offsite improvements (e.g., curbs, gutters, sidewalks) are necessary along the Clay Avenue and Delaware Street frontages. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 79-24: 1. The site plan and floor plan and elevations received and dated August 31, 1979 shall be the approved layout. 2. The existing and proposed parking areas shall conform with landscaping and design specifications stated in Article 979 of the Huntington Beach Ordinance Code. 3. Low -volume heads shall be used on all indoor spigots. -7- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 8 4. 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. 5. If lighting is included in the parking lot, energy efficient lamps shall be used (e.g., high-pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 6. The Planning Commission reserves the right to rescind this condi- - tional use permit approval in the event of any violation of the terms of this approval or violation of applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing, and shall be based upon specific findings. AYES: Winchell, Kenefick, Stern, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ZONE CHANGE NO. 79-9/NEGATIVE DECLARATION NO. 79-62 Applicant: Jarrard Development To permit a change of zone on an .82 acre parcel of land located at the northeast corner of Beach Boulevard and Indianapolis Avenue from RA to C2. The public hearing was opened. Bob Jarrard, applicant, described the physical characteristics and zoning history on the site. He informed the Commission that he has had a topographical survey done and has prepared grading plans to show how his proposed office/professional buildings can be located. He pointed out that the southern section next to Indianapolis Avenue cannot be changed and the property must be graded from that point; also, because of the bad sight angle he has already committed with the City Traffic Department to right turn in and out for access to the site. He plans to retain the east side of his property by use of a six (6) foot high wall with a controlled slope bank behind it; about one-third of the total distance along the rear (eastern) prop- erty line will require double retaining walls. Drainage will be to the south to Indianapolis and into the existing storm drain. Mr. Jarrard discussed the staff's proposed condition for the "Q" zone, saying that if it is applied he cannot develop because of the extreme shallow nature of the property. He suggested instead a condition which would require a 15 foot setback where buildings were to be located and five foot setbacks adjacent to parking and open space. Howard Moorhead, present owner of the property, addressed the Commis- sion to urge granting of the rezoning, but expressed the opinion that the "Q" prefix was inappropriate and perhaps unnecessary. The public hearing was closed. -8- 10-16-79 - P.C. Minutes, H.B. Planning Commission + October 16, 1979 I Page 9 The Commission reviewed the request and the suggested revision to the condition of approval, taking into consideration how the proposed project would impact the residential units below and to the east of the site. Type and amount of retaining walls and their relation to the houses was discussed; also the treat- ment of the recompacted slopes; i.e., stabilization of the soil and landscaping to screen the site from view as much as possible from the houses below. It was suggested that a condition of approval on the actual project could require automatic sprinkler- ing of the slopes to ensure that the landscaping would remain in a condition to provide a pleasing view to its neighbors. Commissioner Bazil asked for the applicant's agreement to making his submittal a permanent part of the file; Mr. Jarrard agreed, but cautioned that it was not a hard line drawing but only a con- ceptual grading and site layout. ON MOTION BY SHEA AND SECOND BY BAZIL NEGATIVE DECLARATION NO. 79-62 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None ON MOTION BY SHEA AND SECOND BY BAUER ZONE CHANGE NO. 79-9 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL WITH THE FOLLOW- ING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The Land Use Element of the General Plan designates the sub- ject property as general commercial. Therefore, the proposed C2 zoning is consistent with the City's General Plan. 2. The resulting commercial uses will be compatible with surround- ing land uses provided that measures are taken to ensure the privacy of existing residences which lie directly east of the subject site. CONDITIONS OF APPROVAL: The Commission recommends that the following conditions be applied to the zone change pursuant to "Q" (Qualified Classifications) zoning prefix as permitted under Section 964(a) of the Ordinance Code: 1. The easterly property line shall be treated as follows: a) At the time of commercial development, all portions of the easterly property line that are to be behind any permanently occupied structure shall be improved with a fifteen (15) foot landscape buffer. Said buffer zone to be measured at a right angle to the easterly property -9- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 10 line, and be improved according to a landscape plan sub- mitted to and approved by the Department of Development Services. b) At the time of commercial development, any portion of the easterly property line that is not to be behind a perman- ently occupied structure shall be improved with a five (5) foot landscape buffer. Said buffer zone to be measured at a right angle to the easterly property line and be improved according to a landscape plan submitted to and approved by the Department of Development Services. 2. The conceptual site plan received and dated October 16, 1979 and reviewed by the Planning Commission on that date, which depicts building locations, parking layout, and setbacks shall become a permanent part of the file for future reference. 3. At the time of construction,automatic sprinklering systems shall be installed in the landscaped buffer areas. AYES: Winchell, Kenefick, Stern, Bazil, Greer, Shea, Bauer NOES: None ABSENT: None ABSTAIN: None Commissioner Shea left the meeting at this time. HOUSING ELEMENT OF THE GENERAL PLAN Prepared by the Department of Development Services Revised Housing Element to conform to new guidelines issued by the State Department of Housing and Community Development. June Catalano gave a brief presentation of the Housing Element and submitted a list of addenda, revisions, and errata for the Commis- sion's consideration. The public hearing was opened; there were no persons present to speak for or against the element, and the public hearing was closed. Commissioner Stern questioned the inclusion in the General Plan of the processing fees. After discussion, staff was directed to foot- note the fees, put them in a table in the appendix, or qualify them in some other manner in order that they do.not become a permanent part of the general plan at their present level. Commissioner Winchell asked that the same treatment be given to the amount to be donated yearly to the Fair Housing Council. Also reviewed was some mechanism to assure continued affordability of low and moderate income housing and the preservation of the exist- ing mobile home stock in the City. Ms. Catalano noted that there is at present no manner in which continued affordability can be main- tained, but research is continuing. -10- 10-16-79 - P.C. 1 Minutes, H.B. Planning Commission October 16, 1979 Page 11 ON MOTION BY BAUER AND SECOND BY KENEFICK NEGATIVE DECLARA- TION NO. 79-56 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer NOES: None ABSENT: Shea ABSTAIN: None ON MOTION BY STERN AND SECOND BY GREER THE REVISED HOUSING ELEMENT OF THE GENERAL PLAN WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL WITH THE ADDENDA, REVISIONS, AND ERRATA AS SUBMITTED BY STAFF AND THE CHANGES BY THE COMMISSION AS NOTED ABOVE, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer NOES: None ABSENT: Shea ABSTAIN: None ON MOTION BY STERN AND SECOND BY BAUER RESOLUTION NO. 1250, ADOPTION OF THE HOUSING ELEMENT, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Winchell, NOES: None ABSENT: Shea ABSTAIN: None DISCUSSION ITEMS: Kenefick, Stern, Bazil, Greer, Bauer AMENDMENTS TO TOWNLOT SPECIFIC PLAN - SITE COVERAGE Requested by: Foxx Development Company Secretary Palin discussed a prior Commission direction for a code amendment in regard to calculation of site coverage and open space in the Townlot Specific Plan area. He expressed con- cerns on how a change of this nature might affect the other residential districts in the City and suggested that any change be specifically directed toward site coverage for the Townlot and done in such a manner that it would not 'affect the defini- tion of site coverage in the other districts. Chairman Bazil expressed the opinion that flexibility is needed for the small lots in the downtown, but that he would like that flexibility to be provided by retaining the first floor footprint at 50 percent coverage and allowing some leeway on second floor overhangs, cantilevers, and corridors. Extensive discussion took place on developmental pressures in the area, code interpretation, and timing of any code amendment. -11- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 12 A motion was made by Kenefick and seconded by Bazil to continue consideration of a code amendment to the Townlot Specific Plan open space and site coverage to the first study session of 1980. Commissioner Stern informed the Commission that Foxx Development, which had originally brought the request for reinterpretation to the Commission, has since revised its development plans to conform to present code. He suggested that no action be taken at this time and, if the issue is raised again by a number of developers, the Commission could address it then. Commissioners Kenefick and Bazil withdrew their motion. ON MOTION BY STERN AND SECOND BY GREER CONSIDERATION OF AMENDMENT TO THE TOWNLOT SPECIFIC PLAN SITE COVERAGE AND OPEN SPACE WAS TABLED, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer NOES: None ABSENT: Shea ABSTAIN: None CONFORMANCE WITH GENERAL PLAN NO. 79-14 This is a request from the Police Department for a finding of con- formity to the general plan for its proposal to locate a heliport on a two and one-half acre site located on the southern border of Huntington Central Park on Ellis Avenue 900 feet west of Goldenwest Street. Lt. Morrison was present at the meeting and explained the problems with the present site which make a move to a new location necessary. Mel Ott from the Fire Department corroborated Lt. Morrison's remarks, saying that soil subsidence on the present site has resulted in escaping methane gas and cracked underground fuel tanks which have allowed water to enter fuel supplies. The settling of the building has caused damage to the electrical system to such extent that the building has actually become charged. It is their opinion that a very hazardous situation exists on the site and it is infeasible to attempt rehabilitation of the facility. The Commission discussed the relocation in regard to its proximity to the park and nearby residences; potential hazards from the operation and noise factors were considered. Commissioner Greer requested to see copies of the Police Department's studies on soils and building costs. -He noted that the City Council has asked for a new Master Plan for the park to be prepared and in his opinion siting the heliport at this location would preempt some future options for the park which might be included in that Master Plan. Commissioner Bauer pointed out that the City has an obligation to support the Police Department in providing what seems to be a very -12- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 13 valid function and suggested a cooperative effort between the Police and Development Services Departments to find an acceptable site. He noted that it may be necessary to purchase such a site if no City -owned parcel is found adequate. Bob Jarrard addressed the Commission to suggest that a site might be found in some of the industrial areas of the City if it were possible to work out a joint use of a helicopter facility with a private developer or developers. In response to questio4- ing from Commissioner Stern, Lt. Morrison responded that in his opinion that possibility could be explored. Carl Van Holten, attorney representing owners living in the area of the proposed new site, addressed the Commission to state that the substantial change in land use the project would entail would require a new environmental impact report to be filed, addressing noise levels, present and planned uses for the park, etc. It was the consensus of the Commission that the item should be continued to allow a joint effort by City staff to locate another possible site, keeping in mind the possibility of purchasing a site in the industrial district and the sharing of the use of the heliport with private users. Chairman Bazil asked that alterna- tives be provided for consideration to allow for the fact that the City Council may not wish to provide funding for the purchase of a heliport site. ON MOTION'BY STERN AND SECOND BY BAZIL CONFORMANCE WITH GENERAL PLAN NO. 79-14 WAS CONTINUED TO THE REGULAR MEETING OF NOVEMBER 6, 1979, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer NOES: None ABSENT: Shea ABSTAIN: None COMMISSIONER ITEMS: Commissioner Stern informed the Commission that he has contacted Kathryn Tobias of the State Office of Planning and Research in regard to application processing time as it is outlined by AB 884. He suggested that she be invited to a study session to provide clarification on the matter. Commissioner Bazil objected to such an approach, saying that any clarification or interpretation of planning law should come through the City's own legal department. It was, however, the consensus of.the Commission that any possible source of knowledge should be utilized. ON MOTION BY STERN AND SECOND BY KENEFICK THE COMMISSION DETERMINED TO SET A STUDY SESSION FOR NOVEMBER 27, 1979, AND ISSUE AN INVITA- TION TO MS. TOBIAS OF OPR TO PRESENT THAT OFFICE'S VIEW OF AB 884 -13- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 14 AND THE TIMELINES ASSOCIATED THEREWITH, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Greer, Bauer NOES: Bazil ABSENT: Shea ABSTAIN: None A MOTION WAS MADE BY STERN AND SECONDED BY WINCHELL TO DIRECT STAFF TO INVESTIGATE THE GRADING SITUATION WHICH HAD TAKEN PLACE ON TENTA- TIVE TRACT 10853 AND TAKE APPROPRIATE ACTIONS. The Commission discussed the penalty which might be associated with such action and also reviewed prior Commission determination on the problem. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Winchell, Stern, Greer NOES: Kenefick, Bazil, Bauer ABSENT: Shea ABSTAIN: None ON MOTION BY KENEFICK AND SECOND BY STERN STAFF WAS DIRECTED TO FIND A METHOD TO ENSURE THAT SUCH AN OCCURRENCE DOES NOT HAPPEN AGAIN AND, IF IT DOES, THAT WHATEVER STEPS NECESSARY BE TAKEN; MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer NOES: None ABSENT: Shea ABSTAIN: None Commissioner Stern submitted a list of concerns on the Mola Develop- ment (TT 10853) which he would like to see specifically addressed by the November 20, 1979 meeting. COMMITTEE ASSIGNMENTS: Secretary Palin suggested that two permanent members be appointed to the Subidivision Committee, with the third member alternating monthly among the remaining members of the Commission. Chairman Bazil appointed Commissioners Bazil and Stern to the Sub- division Committee; Commissioner Winchell will serve as the third member at the October 18 meeting, and staff will prepare a schedule for subsequent months. Commissioner Stern requested that the previously prepared list of Pla Commission and Planning projects be submitted to the Commission in its next packet, so that the new Commission may be made aware of the ongoing nature of the work that is being done. -14- 10-16-79 - P.C. Minutes, H.B. Planning Commission October 16, 1979 Page 15 The meeting was adjourned at 12:30 a.m. -.0-i (ZD ames W. Pa rin, 0 Secretary Robert Bazil, Chairm :df 1 -15- 10-16-79 - P.C.