HomeMy WebLinkAbout1979-11-20Minutes, H.B. Planning Commission
November 20, 1979
Page 3
it was noted that information of that kind may always be incorpor-
ated into the environmental document as it becomes available.
Design of the interior circulation system, relationship of the
future project to an industrial use to the north and an apartment
development to the east, drainage, fiscal impacts, and a possible
intertie of this project with Seacliff IV requirement for the
provision of low- and moderate -income housing were also discussed.
Commissioner Bauer requested that special care be taken to assure
that the concerns expressed by the Environmental Board are re-
sponded to,
A motion was made by Kenefick and seconded by Winchell that EIR
78-4 be denied due to the inadequacy of its treatment of the aband-
oned Pacific Electric Railroad right-of-way and its failure to
include an alternative development plan including that right-of-
way. After discussion of procedure, the motion was withdrawn.
ON MOTION BY KENEFICK AND SECOND BY WINCHELL ENVIRONMENTAL IMPACT
REPORT NO. 78-4 WAS FOUND INADEQUATE AND REQUIRED TO BE REVISED TO
INCORPORATE A DEVELOPMENT ALTERNATIVE WHICH SHOWS RETENTION OF THE
EXISTING PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY AS A POSSIBLE
FUTURE TRANSPORTATION CORRIDOR, BY THE FOLLOWING VOTE:
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
ON MOTION BY STERN AND SECOND BY KENEFICK STAFF WAS DIRECTED TO
ANALYZE THE PROPOSED DEVELOPMENT THROUGH THE USE OF CURRENT
STUDIES BEING CONDUCTED BY THE CITY THROUGH THE SEWER, TRAFFIC,
DRAINAGE, AND FISCAL IMPACT MODELS, 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 STAFF WAS DIRECTED TO
PROVIDE INFORMATION IN REGARD TO THE ISSUE OF CIRCULATION THROUGH
THE PROJECT IN RELATIONSHIP TO THE RIGHT-OF-WAY CORRIDOR WITH A
VIEW TO PROVIDING A CONNECTION NORTH/SOUTH BETWEEN CLAY AND YORK-
TOWN AVENUES, BY THE FOLLOWING VOTE:
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
Individual commissioners reiterated the concerns which they would
like to see the developer address when the environmental impact
report is again scheduled for review.
The Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m.
-3- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 4
CONDITIONAL USE PERMIT NO. 79-25 (Cont. from November 6, 1979)
Applicant: Lee Brothers Hwarangdo
To permit a karate studio to operate within a new industrial develop-
ment located at the southwest corner of Heil Avenue and Gothard
Street.
The public hearing was reopened.
Tina Taylor addressed the Commission in favor of granting the requested
use, asking that some restriction be placed on the level of daytime
noise permitted.
The applicant addressed the Commission to state that his day classes
should be limited to six persons and for these classes he would be
willing to agree to a condition restricting the verbalization to
which his neighbors have objected.
There being no other persons to speak for or against the proposal,
the public hearing was closed.
Commissioner Greer expressed his feeling that the proposed use is not
compatible with the industrial district and would present a parking
and noise control problem. Commissioner Stern reviewed the recently
enacted mixed use ordinance and inquired why this request had not
been filed as part of a total plan for the entire industrial project,
as provided for in that ordinance. Secretary Palin informed the Com-
mission that the subject request is being filed for as an unclassified
use, which has been the practice in the past, and that the developer
will be filing under the mixed use ordinance for the total complex in
the future.
ON MOTION BY WINCHELL AND SECOND BY KENEFICK CONDITIONAL USE PERMIT
NO. 79-25 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS,
BY THE FOLLOWING VOTE:
FINDINGS:
1. The subject industrial complex has adequate parking to accommo-
date the proposed use.
2. The proposed karate studio is generally compatible with the
surrounding land uses.
CONDITIONS OF APPROVAL:
1. The site plan received and dated September 12, 1979 shall be the
approved layout.
2. Classes shall be limited to six (6) students per session during
daytime hours (8:00 a.m. to 4:00 p.m.) and 15 students per
session during evening hours (4:00 p.m. to 10:00 p.m.).
-4- 11-20-79 - P.C.
1
Minutes, H.B. Planning Commission
November 20, 1979
Page 5
3. A fifteen (15) minute separation between classes shall be
required to allow students time to leave the parking lot and
make room for the next class.
4. The Planning Commission reserves the right to rescind this
conditional use permit approval in the event of any violation
of the applicable zoning laws or conditions of approval. Any
such decision shall be preceded by notice to the applicant
and a public hearing, and shall be based upon specific find-
ings.
5. The classes to be held during daytime hou--s shall be conducted
without the use of shouting or other excessively loud verbal
expressions.
AYES: Winchell, Kenefick, Bazil, Bauer
NOES: Stern, Greer
ABSENT: Shea
ABSTAIN: None
CONDITIONAL USE PERMIT NO. 79-27/TENTATIVE PARCEL MAP NO. 79-578/
NEGATIVE DECLARATION NO. 77-17
Applicant: H. E. Hartge
To permit modification of an existing marina and the subdivision
of one lot into four (4) lots, located at the southwest corner of
Davenport Drive and Edgewater Lane.
Secretary Palin called the Commission's attention to additional
information in regard to past actions on the subject property
which had been distributed at this meeting. Based upon that in-
formation, staff is recommending a continuation to permit further
research and to allow the Commission time to familiarize itself
with the material already disseminated.
The public hearing was opened.
Ron St. Pierre, 16892 Baruna Lane, spoke in regard to the addi-
tional docks proposed, saying that they would further narrow the
channel and increase the hazard and difficulty in an already busy
and congested area.
Mary Ellen Hansend, 16952 Baruna Lane, also expressed reservations
about the addition of docks and asked that care be taken to main-
tain adequate parking for the marina.
Orville Batchellor,16915 Edgewater Lane, addressed the Commission
to ask that restrictions be placed to ensure compliance with the
parking needs of existing lease holders. He also discussed the
need for trash bins in the parking lot, the desirability of having
a public telephone there, and asked that some plan for landscaping
the lot be provided prior to approval. Mr. Batchellor also
informed the Commission that "side ties" are presently in use which
have not been figured into the parking requirements and that
-5- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 6
these would probably continue to be used, further encroaching into
the 90-foot pierhead line.
William Craig, 16911 Edgewater Lane, spoke in favor of the request,
asking that the parking ratio of spaces to slips be enforced, that
trash containers be provided, and that the parking lot be landscaped.
Robert Hauseal, 16952 Baruna Lane, asked that the developer be re-
quired to provide a sewer outlet for each boat slip in the marina.
Bill Hartge, applicant, indicated to the Commission that he will not
make a presentation on the matter at this meeting if it is the Com-
mission's intention to continue his request.
Betty Cooney, 16922 Baruna Lane, addressed the Commission in favor
of the subject proposal.
The public hearing was closed.
Commissioner Stern questioned the negative declaration for the project.
He was informed by staff that the earlier negative declaration had
been filed but never formally acted upon, and staff had considered
that it contained adequate information to permit review of the project.
Mr. Stern thereupon suggested that the public hearing be reopened and
Mr. Hartge requested to make his presentation, so that the Commission
could make a determination on the project at this meeting. The Chairman
called for a straw vote on the matter, and it was determined by the
following vote not to reopen the public hearing:
Ayes: Stern, Greer
Noes: Winchell, Kenefick, Bazil, Bauer
ON MOTION BY WINCHELL AND SECOND BY KENEFICK CONDITIONAL USE PERMIT
NO. 79-27, TENTATIVE PARCEL MAP NO. 79-578, AND NEGATIVE DECLARATION
NO. 77-17 WERE CONTINUED TO THE MEETING OF DECEMBER 4, 1979, BY THE
FOLLOWING VOTE:
AYES: Winchell, Kenefick, Bazil, Bauer
NOES: Greer
ABSENT: Stern, Shea
ABSTAIN: None
Staff was requested to conduct research into the background of this
marina (deeds, CC&R's, etc.) to ascertain what limitations or privil-
eges might have existed originally on the properties.
CONDITIONAL USE PERMIT NO. 79-28
Applicant: Ambrose W. M. Li
To permit establishment of a sandwich/restaurant use within an exist-
ing industrial building located on the south side of Bolsa Avenue
east of Bolsa Chica Street.
-6- 11-20-79 - P.C.
1
Minutes, H.B. Planning Commission
November 20, 1979
Page 7
The public hearing was opened.
Dorothy Cunningham, 2074 Meadowview Lane, asked that the Commis-
sion approve the request, citing the need for the use in the area.
Tom D'Allesandro, owner of one of the other sandwich shops in
the park, spoke in opposition to the proposed use.
Faye B. Reid also opposed granting of the request.
Ambrose Li addressed the Commission in support of his requested
use.
There being no further persons to address the proposal, the
public hearing was closed.
Commission discussion ensued, centering on the absence of any
criteria by which to judge the need for shops of this type to
serve a particular area. Commissioner Bazil expressed concern
that an excess in the number of such establishments might result
in their deterioration into beer halls or some other unintended
uses. Possible guidelines were considered (such as number of
shops within a certain complex or distance apart) which might be
used to make an applicant aware at the outset of the conditions
his application might face, and staff was directed to provide
the Commission with possible alternatives.
ON MOTION BY BAUER AND SECOND BY STERN CONDITIONAL USE PERMIT
NO. 79-28 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS,
BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed use is in substantial conformance with the
applicable provisions of the Huntington Beach Ordinance Code.
2. The use will fulfill a public need for the people who work
in the industrial area.
3. The proposed use is generally compatible with surrounding
land uses.
CONDITIONS OF APPROVAL:
1. The site plan dated October 15, 1979, shall be the approved
layout.
2. The seating capacity shall be restricted to a maximum of
fifteen (15) seats.
3. The Planning Commission reserves the right to rescind this
conditional use permit in the event of any violation of the
-7- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 8
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, Greer, Bauer
NOES: Bazil
ABSENT: Shea
ABSTAIN: None
CONDITIONAL USE PERMIT NO. 79-26/TENTATIVE TRACT 10888/NEGATIVE
DECLARATION NO. 79-64
Applicant: Paul Shapiro
To permit demolition of existing structures and construction of 28
airspace condominiums on a 1.13 acre parcel of land located on the
north side of Newman Avenue approximately 1000 feet west of Beach
Boulevard.
Savoy Bellavia advised the Commission that the City may be able to
acquire dedication from the adjacent property owner which would allow
a full cul-de-sac to be constructed at the end of Newman Avenue; if
this is accomplished, the present applicant will be required to install
full street improvements for the cul-de-sac. If the Commission feels
that alternative designs for this cul-de-sac are necessary, staff can
have them available for a future meeting.
The public hearing was opened.
Paul Shapiro informed the Commission that he is in agreement with
the suggested conditions.
Frank Buccella, owner of the adjacent property to the south, addressed
the design of the street ending, saying that as shown it will require
dedication of a considerable piece of land from the industrial
property that will be of no benefit to that property, as it has been
the practice not to mix industrial and residential traffic on the same
right-of-way. Therefore, he has been talking to staff about modify-
ing that street ending so that it would not encroach so far into the
industrial area, and he would like the subject map conditioned to pro-
vide for some modification to the street section as shown. Mr.
Buccella indicated his willingness to dedicate property at this time
so that the street will not remain in an unfinished configuration.
The public hearing was closed.
The Commission reviewed the development proposal. Commissioner Bazil
stated that if dedication can be obtained at this time and not some
time in the future he would be in favor of staff's proposal. Extensive
discussion took place on the configuration and timing of the street
ending for Newman Avenue.
-8- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 9
ON MOTION BY BAZIL AND SECOND BY KENEFICK NEGATIVE DECLARATION
NO. 79-64 WAS APPROVED BY THE FOLLOWING VOTE:
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
ON MOTION BY BAZIL AND SECOND BY BAUER CONDITIONAL USE PERMIT NO.
79-26 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY
THE FOLLOWING VOTE:
FINDINGS: SPECIAL PERMIT
1. The orientation of most of the dwelling units onto the common
landscaped areas, the amenities to be provided, and the design
solution for a unique parcel of land will help to insure a
maximum utilization of the provided open space and maximum
privacy for the residents within a project of this density.
2. Through the use of landscaped planting materials, aesthetically
pleasing architecture, and special design and construction
techniques, the surrounding uses will have a minimized impact
on the proposed project and, in turn,the proposed project will
not be detrimental to the general health, welfare, safety, and
convenience of the neighborhood or the City in general.
3. Through the use of a centrally oriented major open space area,
heavy landscape planting of the common area, and by maximizing
use of aesthetically pleasing types of landscape and building
architecture, the proposed project will promote a better living
environment.
4. The size and shape of this particular piece of property does
not allow for the open space as required by code.
FINDINGS: CONDITIONAL USE PERMIT NO. 79-26
1. The proposed subdivision of this 1.13 acre parcel of land,
zoned R3, medium high density residential, is proposed to be
constructed having 24.78 units per acre.
2. The property was previously studied for this intensity of
land use at the time the R3 zoning designation was placed on
the subject property.
3. The lot size, depth, frontage, street width and, through the
use of the special permit, all other design and implementation
features of the proposed subdivision are proposed to be con-
structed in compliance with standard plans and specifications
on file with the City as well as in compliance with the State
Map Act and supplementary City Subdivision Ordinance.
-9- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 10
CONDITIONS OF APPROVAL:
1. The site plan received and dated November 2, 1979, shall be
the approved layout. If a modification to the proposed cul-de-
sac is agreed upon, the applicant will revise said site plan to
incorporate the approved modifications.
2. Natural gas and 220V electrical shall be stubbed in at the loca-
tion of clothes dryers.
3. Natural gas shall be stubbed in at the location of cooking facili-
ties, water heaters, and central heating units.
4. Low -volume heads shall be used on all spigots and water faucets.
5. 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.
6. Energy efficient lighting such as high pressure sodium vapor lamps
shall be used in parking areas or lots in order to prevent spillage
onto adjacent areas and for energy conservation.
7. All structures on the proposed property, whether attached or
detached, shall be constructed in compliance with State acoustical
standards set forth for units that lie within the 60 CNEL contours
of the property. Evidence of compliance shall consist of submittal
of an acoustical analysis report prepared under the supervision
of a person experienced in the field of acoustical engineering,
with the application for building permits.
8. A detailed soils analysis shall be prepared by a registered soils
engineer. This analysis shall include onsite soil sampling and
laboratory testing of materials to provide detailed recommendations
regarding grading, chemical and fill properties , foundations,
retaining walls, streets, and utilities.
9. A plan for silt control for all storm runoff from the property
during construction and during initial operation of the project
shall be submitted to the California Regional Water Quality Control
Board staff for its review prior to the issuance of building permits.
10. The covenants, conditions, and restrictions shall contain a pro-
vision that will prohibit the storage of boats, trailers, and
recreational vehicles onsite unless an area that is specifically
designated for such storage and which is in compliance with the
provisions of Article 936 is provided for in the project.
11. The applicant is required to construct a six (6) foot high wall
along the south and west property lines.
-10- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 11
12. Patios located adjacent to the north property line shall not
have pedestrian gates to allow access to the alley adjacent
to these patios. The covenants, conditions, and restrictions
shall also contain a provision that will prohibit the con-
struction of any such gates at a future date.
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
ON MOTION BY STERN AND SECOND BY WINCHELL TFNTkTIVE TRACT NO. 10888
WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE
FOLLOWING VOTE:
FINDINGS:
1. The proposed subdivision of this 1.13 acre parcel of land zoned
R3, medium high density residential, is proposed to be con-
structed having 24.78 units per acre.
2. The property was previously studied for this intensity of land
use at the time the R3 zoning designation was placed on the
subject property.
3. The lot size, depth, frontage, street width and, through the use
of a special permit, all other design and implementation features
of the proposed 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 sup-
plementary City Subdivision Ordinance.
CONDITIONS OF APPROVAL:
1. The tentative tract map received and dated November 19, 1979,
shall be the approved layout. If a modification to the proposed
cul-de-sac is agreed upon, the applicant will revise said site
plan to incorporate the approved modifications.
2. The water system shall be through the City of Huntington Beach
water system.
3. The sewer, water, and fire hydrant systems shall be designed to
City standards.
4. The property shall participate in local drainage assessment
district requirements and fees.
5. Drainage for the subject subdivision shall be approved by the
Department of Public Works prior to the recordation of a final
map. This system shall be designed to provide for erosion and
siltation control both during and after construction of the
proposed project.
-11- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 12
6. The applicant is required to dedicate and improve to City
standards the four (4) feet of property along the north property
line adjacent to the alley.
7. Should the City be able to provide the right-of-way for the re-
maining portion of the cul-de-sac or a modified cul-de-sac, the
developer shall be required to install full street improvements
on that right-of-way in compliance with plans and specifications
on file with the Department of Public Works.
Design of a modified cul-de-sac shall be to the approval of the
Fire Department, the Department of Public Works, and the Depart-
ment of Development Services; however, the developer shall be
required to complete these offsite improvements only if the City
has been able to acquire the right-of-way prior to construction of
the street improvements on the subject property.
8. The applicant is required to provide a water main loop system to
go either to Ronald Road or around the alley and back to Liberty
Street. Said system shall be approved by the Department of
Public Works.
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
CONDITIONAL EXCEPTION NO. 79-05
Applicant: Corona Construction & Development Company, Inc.
To permit development of single-family dwellings without making the
required ten (10)foot dedication on three lots located at 627 19th
Street, 628 20th Street, and 628 21st Street.
The public hearing was opened.
Zayne Neugart addressed the Commission as a representative of the ap-
plicant. He indicated concurrence with the continuation as recom-
mended by staff, and briefly discussed the future width of Palm
Avenue.
The public hearing was closed.
ON MOTION BY WINCHELL AND SECOND BY BAUER CONDITIONAL EXCEPTION NO.
79-05 WAS CONTINUED TO THE MEETING OF DECEMBER 4, 1979, BY THE FOL-
LOWING VOTE:
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
-12- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 13
CODE AMENDMENT NO. 79-6
Initiated by the Department of Development Services
A proposal for a change in Division 9 of the Huntington Beach Ord-
inance Code in the method of measuring the required corner cutoff
from its present lot -line -to -lot -line measurement to a curb -line -
to -curb -line measurement. This corner lot cutoff is required in
all residential districts and is measured as a 25-foot triangular
area at the exterior property lines.
Secretary Palin explained that in addition to the alteration in
the method of measuring the corner cutoff area the staff has
recommended that the code also be amended to stipulate a 37 foot
dimension; the terminology in the code has also been changed to
more clearly define what is prohibited within the triangular area.
The public hearing was opened.
Zayne Neugart addressed the Commission to concur with the staff
recommendations and urge adoption of the code amendment as pro-
posed.
There being no other persons to speak for or against the proposal,
the public hearing was closed.
Chairman Bazil expressed reservations in regard to changing the
entire ordinance when such change would not pertain to 95 percent
of the corner lots in the city. He suggested instead that the
code amendment include the new terminology but retain the existing
dimension and method of measurement, and that a "flexibility
clause" be written into the ordinance which would allow staff to
modify the corner cutoff in cases where an applicant can provide
proof that adequate sight clearance on a particular corner lot is
able to be obtained through such modification (e.g., because of a
wide parkway). In his opinion such action would maintain the same
sight clearance in all areas and relieve staff from the necessity
to research the ultimate street and parkway widths for every loca-
tion.
The Commission discussed Mr. Bazil's proposal, as well as the
present procedure and the applicability of the conditional exception
application in cases of this nature. Legal counsel Jim Georges
explained the findings necessary for granting of a conditional
exception and the need for precise wording in the code to support
enforcement of restrictions within the sight clearance setbacks.
ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE COMMISSION DETER-
MINED TO ACCEPT THE CODE AMENDMENT AS MODIFIED TO RETAIN THE 25-
FOOT DIMENSION AND THE PROPERTY -LINE -TO -PROPERTY -LINE MEASUREMENT,
BY THE FOLLOWING VOTE:
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
-13- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 14
Staff will revise the code amendment accordingly and present it
for the Commission's review at the next meeting.
CONDITIONAL EXCEPTIONS NOS. 79-41, 79-42, 79-43, 79-46, AND 79-47
Applicant: Corona Construction and Development Corporation, Inc.
To allow an encroachment of approximately five (5) square feet into
the required 25 by 25 corner cutoff by permitting measurements for
corner cutoffs from curb line to curb line on properties located at
the northwest corner of 19th Street and Orange Avenue, the southwest
corner of 21st Street and Orange Avenue, the southeast corner of
21st Street and Palm Avenue, at the southeast corner of 20th Street
and Palm Avenue, and at the southwest corner of 19th Street and Palm
Avenue.
These applications have been referred to the Planning Commission
by the Board of Zoning Adjustments.
The public hearing was opened.
Zayne Neugart presented slides to illustrate the sight angle situation
at the intersections in question. He requested Commission approval
of the requests, saying that there should not be any adverse impact
on traffic visibility or public safety as a result of the encroachments.
Bob Corona also addressed the Commission in support of the conditional
exception requests.
The public hearing was closed.
Commissioner Stern questioned the basis of the prior approval by the
Board of Zoning Adjustments of two similar requests by the same appli-
cant for encroachments into the setback. Pat Spencer informed the
Commission that these had been granted because of the fact that the
lots in question were on local streets and on the recommendation of the
Traffic Engineer that the sight distances were not impaired by the
encroachment. The requests were also reviewed in relation to the
modifications to Code Amendment 79-6 and the pending precise plan of
street alignment for a section of Palm Avenue.
Secretary Palin discussed the history of the development and the prob-
lems inherent in using the curb measurement for the corner cutoffs.
He noted that the encroachment is very minor and is one which the
staff can endorse based upon the modifications the proponent has made
to his original plans. The Commission in its discussion, however,
found no exceptional or extraordinary circumstances existing on the
property upon which to base a necessary finding of hardship for the
deviation from code.
-14- 11-20-79 - P.C.
1
Minutes, H.B. Planning Commission
November 20, 1979
Page 15
ON MOTION BY STERN AND SECOND BY GREER, CONDITIONAL EXCEPTION NO.
79-41, CONDITIONAL EXCEPTION NO. 79-42, CONDITIONAL EXCEPTION NO.
79-43, CONDITIONAL EXCEPTION NO. 79-46, AND CONDITIONAL EXCEPTION
NO. 79-47 WERE DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING
VOTE:
REASONS FOR DENIAL:
1. The granting of these requests would constitute a grant of
special privilege not consistent with other properties in the
vicinity under the same zoning.
2. There is no special circumstance on the subject properties
which would deprive them of privileges enjoyed by other proper-
ties in the vicinity under the same zoning.
3. Granting of the conditional exceptions is not necessary to pre-
serve the enjoyment of substantial property rights.
AYES: Winchell, Kenefick, Stern, Bazil, Greer, Bauer
NOES: None
ABSENT: Shea
ABSTAIN: None
Commissioner Bazil requested that, if this decision is appealed to
the City Council, his recommendation for a "flexibility clause"
to permit the parkway width to be taken into consideration on the
corner cutoff requirements be forwarded to the City Council with
the appeal. Commissioner Kenefick added that any transmittal to
the Council on an appeal should also contain the Commission's
rationale on both the code amendment action and the action just
taken on the conditional exceptions, to include Mr. Palin's explana-
tion of the clear, easily administered method of computing cutoffs
from the property line as opposed to the curb line measurement.
DISCUSSION ITEMS:
The City Council action at its November 19, 1979 meeting was
reviewed by Secretary Palin for the Commission's information.
COMMISSIONER'S ITEMS:
Commissioner Stern, who has submitted his resignation from the
Commission, expressed his appreciation to staff and Commission
members and wished them well in future endeavors. He also re-
signed from all his subcommittee assignments.
Chairman Bazil accepted Mr. Stern's resignation with regret, noting
that appointments to replace him on committees of which he was a
member will be made at a later date. Commissioner Bazil then
announced the following subcommittee appointments:
-15- 11-20-79 - P.C.
Minutes, H.B. Planning Commission
November 20, 1979
Page 16
Housing and Community Development:
Transportation:
Parks Analysis:
Low & Moderate Income Housing:
Fire Station Master Plan:
Industrial Committee:
Ad Hoc Design Review Board:
Local Coastal Program:
STAFF ITEMS:
Kenefick and Winchell
Bauer
Bauer, Winchell
Kenefick
Shea
Greer
Shea, Bazil
Winchell (Alternate: Bazil)
Savoy Bellavia reminded the Commission of the meeting with Kathryn
Tobias of the State Office of Planning and Research. This meeting
will be held on Tuesday, November 27, 1979 for review of recent leg-
islation and its effect on local planning considerations.
ON MOTION BY KENEFICK AND SECOND BY STERN THE COMMISSION BY UNANIMOUS
VOTE ADJOURNED AT 12:50 AM TO THE SPECIAL MEETING OF NOVEMBER 27, 1979
AT 7:00 PM IN ROOM B-8 OF THEā¢CIVIC CENTER.
RoBert D. Bazil-
Chairman
1
-16-
11-20-79 - P.C.