HomeMy WebLinkAbout1980-04-15Approved May 6, 1980
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
TUESDAY, APRIL 15, 1980 - 7:00 PM
COMMISSIONERS PRESENT: Winchell, Kenefick, Porter, Bazil, Greer
COMMISSIONERS ABSENT: Shea, Bauer
CONSENT CALENDAR:
ON MOTION BY WINCHELL AND SECOND BY PORTER THE CONSENT CALENDAR,
CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF APRIL 1, 1980,
WAS APPROVED BY THE FOLLOWING VOTE:
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None -
ORAL COMMUNICATIONS:
None
REGULAR AGENDA ITEMS:
SPECIAL SIGN PERMIT NO. 80-2
Applicant: Helmut Hofer
To permit the installation of a double-faced, 2 foot by 7 foot
sign to be placed on an existing 65-foot high pole sign located
on the north side of Center Drive between Gothard Street and
Beach Boulevard (Old World Village).
The public hearing was opened.
Ramona Hoertner, 7561 Center Drive, #A, addressed the Commission
in support of the requested sign, citing the need for identifica-
tion of the motel which it is intended to advertise.
Helmut Hofer, applicant, also spoke in favor of the request.
There being no other persons to address the Commission in this
regard, the public hearing was closed.
Minutes, H.B. Planning Commission
April 15, 1980
Page 2
In the ensuing discussion, the Commission took into consideration
the size, configuration and original lettering approved under a
previous special sign permit; the original intended use of the motel
within the shopping center; visibility of the sign from the freeway;
and the possibility of adding the requested extra lettering to the
existing sign.
ON MOTION BY WINCHELL AND SECOND BY PORTER SPECIAL SIGN PERMIT
NO. 80-2 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE:
FINDINGS FOR DENIAL:
1. A special sign permit has already been granted for the existing
65-foot high pole sign. This sign has exposure to the freeway
and adequate room to add the working requested in the special
permit application without the granting of further deviation from
code provisions.
2. There are no exceptional or extraordinary circumstances that do
not apply generally to the other tenants in the shopping center.
3. The granting of this request would constitute the granting of
a special privilege for the motel operator that would not be gen-
erally realized by other merchants of Old World Village.
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
The applicant was advised by Chairman Bazil of the appeal period and
procedure.
CONDITIONAL USE PERMIT NO. 80-8
Applicant: Carol Van Asten
To permit the construction of an 1,800 square foot building located
on the north side of Utica Avenue approximately 292 feet west of
Beach Boulevard.
Staff reported that a request for continuance has been received
from the applicant.
The,public hearing was opened and closed.
ON MOTION BY KENEFICK AND SECOND BY WINCHELL CONDITIONAL USE PERMIT
NO. 80-8 WAS CONTINUED TO THE REGULAR MEETING OF MAY 6, 1980, BY THE
FOLLOWING VOTE:
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
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Minutes, H.B. Planning Commission
April 15, 1980
Page 3
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ZONE CHANGE NO. 80-7/NEGATIVE DECLARATION NO. 80-17
Applicant: Dick Nerio
To permit a change of zone from Rl (Low Density Residential) to
MH (Mobilehome) on property located at the northeast corner of
Roosevelt Street and Warner Avenue.
Staff planner Savoy Bellavia informed the Commission that a
request has been received from the applicant for a 60-day con-
tinuance of this zone change request. He also stated that the
staff has received petitions containing approximately 250 sig-
natures of nearby residents in opposition to the change of zone.
The public hearing was opened.
Dick Nerio addressed the meeting to explain that his request
for a continuance is to permit him further time to study the
fiscal analysis which was conducted for the project.
Gene Collins , 6271 Newbury Drive, spoke in favor of the zone
change, saying that the mobilehome use proposed will be a safe
and attractive use of the property, as opposed to the present
airport occupying the land.
B. F. Borisman, 16262 Birdie Lane, spoke in favor of the zone
change, saying that the contribution the project would make to-
ward alleviating the housing shortage should outweigh any
possible negative effect on City revenues.
Barney Cohen, 16721 Roosevelt Lane, spoke against the zone
change, favoring retention of the present R1 zoning on the site.
Barbara Foote, 16871 Canyon Lane, opposed the MH zoning and
asked that any change in the use not diminish the quality of
life for residents already in the area.
Eugene Carruthers, 5091 Pearce Drive, submitted another petition
containing almost 100 names in opposition to the request and
asking that the R1 zoning be retained.
Bob McMullan, area resident, suggested that another way to dev-
elop the property could be under leasehold, thereby permitting
the applicant to develop his property, satisfy the objections
of other residents, and also add to the housing stock in the
city.
Roberta Smith, 16826 Barracuda Lane, spoke in favor of retain-
ing the existing use of the property, saying that the airport
is of landmark value to the community and urging careful con-
sideration of its disposition.
Frank Mola, landowner in the vicinity, spoke in favor of the
rezone to a mobilehome designation, noting that with proper
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Minutes, H.S. Planning Commission
April 15, 1980
Page 4
treatment of landscaping and setbacks such a use could be compatible
with adjacent residential units.
Dean Albright spoke in favor of granting the request.
Gary Pomeroy, representative of a mobilehome builder, described the
construction of modern mobilehomes in comparison with standard site -
built homes, and said that they would be an asset to the community.
Tom Livengood, 4561 Meadowlark Drive, also spoke in favor of the
requested zone change and compared the need for City services as re-
quired by mobilehomes as opposed to single-family dwellings.
Dr. Steven Downs, 5092 Warner Avenue, spoke against the rezoning and
stated that he would like to see the airport remain on the site.
Barbara Youngblood, 5908 Old Pirate Lane, addressed the Commission
to express reservations on the effects a mobilehome park might have
on drainage, sewers, and existing water wells in her area and to
state that she would prefer to retain the present R1 zoning on the
airport site.
A. H. Ward, 5341 Heil Avenue, said that it is his feeling that a
mobilehome park on the site would be a definite asset to the City
and would provide homes to people who could not otherwise afford to
live at the beach.
Dave Floyd, 16682 Gray Circle, spoke in favor of retaining the Rl
designation on the airport site.
There being no other persons to address the Commission, the public
hearing was closed.
In the extensive discussion which followed the questions of a possible
code restriction on MH zoning, the financial implications of the
mobilehome park, the new State licensing law for mobilehome units,
and the possible application of the "Q" prefix to permit increased
setbacks from the existing residential units were reviewed. The con-
sensus emerged that a study session is needed, particularly to
review in depth the fiscal impacts of the proposed rezoning. Several
persons present at the meeting requested to be notified of such a
study session and have access to the study materials which would be
used.
ON MOTION BY KENEFICK AND SECOND BY WINCHELL ZONE CHANGE NO. 80-7
AND NEGATIVE DECLARATION NO. 80-17 WERE CONTINUED TO THE REGULAR
MEETING OF JUNE 17, 1980, AT THE REQUEST OF THE APPLICANT, BY THE
FOLLOWING VOTE:
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
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Minutes, H.B. Planning Commission
April 15, 1980
Page 5
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Chairman Bazil directed staff to readvertise this proposed
zone change, even though it has been continued to a date certain,
to assure that all interested parties will be aware of the
rescheduled hearing date.
The Commission established the date of April 29, 1980, for a
study session to be held on the zone change. The meeting will
begin at 7:00 p.m. in one of the meeting rooms.
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The Commission recessed at 8:35 and reconvened at 8:55 p.m.
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TENTATIVE TRACT NO. 10910/CONDITIONAL USE PERMIT NO. 80-4/
NEGATIVE DECLARATION NO. 80-11
Applicant: Prisco N.V. (Orin G. Berge, Agent)
I
To permit a two -parcel division of land for the purpose of con-
structing 113 condominium dwelling units and appurtenant ameni-
ties on property located on the south side of Garfield Avenue
approximately 300 feet east of Beach Boulevard.
i
Savoy Bellavia informed the Commission that the applicant has
revised his plan to -line up the entryway directly across from
Valley Circle across Garfield; under this new layout, the plan
is now only one percent short in common open space. Sections
have also been prepared and are on display showing 35-foot set-
backs from the south and east property lines and a drainage
swale next to the existing block wall.
Mr. Bellavia also noted that three new conditions are recommended
by staff: 1) Requirement that a design for the fencing use
along Garfield Avenue shall be submitted, including elevation
and materials; 2) Waterproofing shall be provided on the wall
along the south and east property lines to prevent seepage into
adjacent R1 properties; and 3) The private drives shall be
identified and signed as fire lanes per Fire Department require-
ments.
The public hearing was opened.
Ed Davis, representing the applicant, addressed the Commission
in support of his project and indicated concurrence with the
suggested conditions of approval and the amendments submitted
by staff.
G.E. Ross, 19101 Colchester, spoke in opposition to the project,
citing intrusion into the privacy of existing homes.
Larry Curran, 8131 Wadebridge Circle, opposed the project be-
cause of loss of privacy, effect on drainage, and impacts on
property values and traffic volume on Garfield Avenue.
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Minutes, H.B. Planning Commission
April 15, 1980
Page 6
Mike Cave, 19051 Colchester, also spoke against the proposed project.
There being no other persons to speak for or against the matter,
the public hearing was closed.
Commissioner Porter commented that the project seems to have
attempted to maximize density without resulting in the kind of dev-
elopment intended in the Planned Residential Development ordinance
and does not in his opinion justify the special permit findings.
Bob Bazil indicated his concerns for the adjacent residents were based
more on the elevation of the project than on the density, while
Commissioner Winchell pointed out that there is insufficient variation
in the rooflines to present a good visual aspect to adjoining homes.
A MOTION WAS MADE BY WINCHELL AND SECONDED BY KENEFICK TO DENY CONDI-•
TIONAL USE PERMIT NO. 80-4 FOR FAILURE TO MEET CODE REQUIREMENTS.
Extensive discussion between the Commission and the architect for
the project, Craig Combs, followed in regard to the issues raised.
Setbacks, elevations, building height variation, and drainage were
reviewed. Mr. Combs asked that a continuance be granted in order to
permit him to try to address the concerns, and timing on the applica-
tions was reviewed.
THE MOTION TO DENY CONDITIONAL USE PERMIT NO. 80-4 FAILED BY THE
FOLLOWING VOTE:
AYES: Winchell, Kenefick, Greer
NOES: Bazil, Porter
ABSENT: Shea, Bauer
ABSTAIN: None
The negative declaration was reviewed.
ON MOTION BY KENEFICK AND SECOND BY BAZIL NEGATIVE DECLARATION NO.
80-11 WAS ADOPTED BY THE FOLLOWING VOTE:
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
ON MOTION BY PORTER AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO.
80-4 WAS CONTINUED TO THE REGULAR MEETING OF MAY 6, 1980, TO ALLOW
THE•PLAN TO BE REVISED TO COMPLY WITH THE PRD ORDINANCE, BY THE FOL-
LOWING VOTE:
AYES: Winchell, Porter, Bazil, Greer
NOES: Kenefick
ABSENT: Shea, Bauer
ABSTAIN: None
'.1
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Minutes, H.B. Planning Commission
April. 15, 1980
Page 7
ON MOTION BY PORTER AND SECOND BY BAZIL TENTATIVE TRACT NO. 10910
WAS CONTINUED TO THE MEETING OF MAY 6, 1980, BY THE FOLLOWING
VOTE:
AYES: Winchell, Porter, Bazil, Greer
NOES: Kenef ick
ABSENT: Shea, Bauer
ABSTAIN: None
TENTATIVE TRACT NO. 10736/CONDITIONAL USE PERMIT NO. 80-9/NEGA-
TIVE DECLARATION NO. 80-21
Applicant: F. W. Development
To permit a one -lot subdivision for the construction of 60 single-
family condominium units located on the south side of Heil Avenue
east of Green Street and approximately 600 feet west of Bolsa Chica.
Savoy Bellavia suggested additional conditions of approval to
require all private drives to be fire lanes and to require exterior
wall treatment to be submitted for approval prior to issuance of
permits.
The public hearing was opened.
Frank Woolsey, developer, addressed the Commission to outline
his project, noting that the plans do not indicate the extensive
waterscape he plans to install. Mr. Woolsey concurred with all
suggested and added conditions of approval with the exception of
the one affecting the drive on Heil Avenue, which he requested
be modified to make it a right -turn only accessway.
There being no other persons to speak for or against the project,
the public hearing was closed.
Commission review ensued, touching upon provision of recreation
areas, status of the access on Heil, and height of walls.
ON MOTION BY PORTER AND SECOND BY WINCHELL NEGATIVE DECLARATION
NO. 80-21 WAS ADOPTED, BY THE FOLLOWING VOTE:
AYES: Winchell, Porter, Bazil, Greer
NOES: None
ABSENT: Kenefick, Shea, Bauer
ABSTAIN: None
ON MOTION BY PORTER AND SECOND BY GREER, CONDITIONAL USE PERMIT
NO. 80-9 WAS ADOPTED WITH THE FOLLOWING FINDINGS AND CONDITIONS
AND APPROVAL OF THE SPECIAL PERMIT, BY THE FOLLOWING VOTE:
FINDINGS - SPECIAL PERMIT:
1. The reduced entrance area and the reduced minimum dimension
for the recreational area will not distract from the overall
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Minutes, H.B. Planning Commission
April 15, 1980
Page 8
intent of the proposed project in complying with all other
applicable provisions of the planned residential development
ordinance.
2. Through the use of landscaped planting materials, aesthetically
pleasing architecture, and special design and construction tech-
niques, the surrounding uses will have a minimum impact on the
proposed project and, in turn, the proposed project will not be
detrimental to the general health, welfare, safety, and conveni-
ence of the neighborhood or the City in general.
3. Through the use of private and common open areas, and by maximiz-
ing the use of aesthetically pleasing types of architecture, the
proposed project will promote a better living environment.
FINDINGS - CONDITIONAL USE PERMIT NO. 80-9:
1. The proposed subdivision of this 4.90 gross acre parcel of land
zoned R2, Medium Density Residential, is proposed to be con-
structed having 14.7 units per gross acre.
2. The General Plan sets forth provisions for this type of land use
as well as setting forth objectives for implementation of this
type of housing.
3. The proposed project was previously studied for this intensity of
land use at,the time the land use was established and the R2
zoning designation was placed on the property.
4. The lot size, depth, frontage, street width, and through the use
of the special permit, all other design and implementation fea-
tures 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
supplementary City Subdivision ordinances.
CONDITIONS OF APPROVAL:
1. The site plan received and dated April 11, 1980 shall be the
approved layout.
2. Conceptual floor plans and conceptual elevations shall be approved
in concept only and the applicant shall submit revised detail
plans to the Director of Development Services in order to assure
compliance with all applicable provisions.
3. Plans for all exterior walls shall be submitted to the Director
of the Department of Development Services for approval prior to
issuance of building permits. This exterior wall design shall
incorporate a stepping down to a height of forty-two (42) inches
to provide adequate visibility for vehicles using the driveway
on Heil Avenue.
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Minutes, H.B. Planning Commission
April 15, 1980
Page 9
4. All the private streets within the complex shall be identi-
fied and posted as fire lanes in compliance with Fire
Department requirements and regulations.
5. The homeowners' association of the subject tract and the
homeowners' association of the tract across Green Street
being developed by the applicant (TT 10658) shall become a
single homeowners' association with a single set of coven-
ants, conditions, and restrictions to ensure that all
amenities within either tract remain under common ownership
in perpetuity and are freely accessible and available for use
by residents in both tracts, in agreement with the expressed
intent of the subject applicant.
6. Natural gas and 220V electrical shall be stubbed in at the
location of clothes dryers. Natural gas shall be stubbed
in at the locations of cooking facilities, water heaters,
and central heating units. Where possible, the applicant
shall provide pilotless units.
7. Low -volume heads shall be used on all water spigots and
water faucets.
8. All building spoils, such as unused lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at
an offsite facility equipped to handle them.
9. 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.
10. All structures on the subject 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 compli-
ance 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.
11. An engineering geologist shall be engaged to submit a report
indicating ground surface acceleration from earth movement
for the subject property. All structures within this devel-
opment shall be constructed in compliance with the g-factor
as indicated by the geologist's report. Calculations for
footing and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to
issuance of building permits.
12. A chemical analysis, as well as analysis of physical proper-
ties of the soil on subject property, shall be submitted to
the City for review prior to the issuance of building permits.
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4-15-80 - P.C.
Minutes, H.B. Planning Commission
April 15, 1980
Page 10
13. The covenants, conditions, and restrictions (CC&R's) shall
contain a provision that will prohibit storage of boats,
trailers, and/or recreational vehicles on the site, unless an
area specifically designated for such storage which is in com-
pliance with the provisions of Article 936 is provided for the
project.
14. The access located on Heil Avenue shall be limited to right -
turn -in, right -turn -out, with no left turns permitted in either
entering or exiting. This restriction shall become a part of
the CC&R's for the project, and the developer shall be respon-
sible for posting the driveway accordingly.
15. If an entrance gate system is provided, the applicant shall
submit a plan with exact location of such gate system for re-
view and approval to the Director of Development Services; such
gate system shall be in compliance with all requirements of the
Huntington Beach Fire Department.
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
ON MOTION BY PORTER AND SECOND BY GREER TENTATIVE TRACT NO. 10736
WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed subdivision of this 4.90 gross acre parcel of land
zoned R2, Medium Density Residential, is proposed to be con-
structed having 14.7 units per gross acre.
2. The General Plan sets forth provisions for this type of land use
as well as setting forth objectives for implementation of this
type of housing.
3. The proposed project was previously studied for this intensity
of land use at the time the land use was established and the R2
zoning designation was placed on the property.
4. 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
supplementary City Subdivision ordinances.
CONDITIONS OF APPROVAL:
1. The tentative map received and dated April 11, 1980 shall be the
approved layout.
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Minutes, H.B. Planning Commission
April 15, 1980
Page 11
2. 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 the 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 construc-
tion of the proposed project.
6. All access rights along Heil Avenue and Green Street, except
for the intersect -ions of the private drives, shall be dedi-
cated to the City of Huntington Beach.
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
TENTATIVE TRACT 9879
Applicant: Kacor Realty
To permit a 34-lot division of land located on the southeast
corner of Bolsa Avenue and Graham Street.
Joel Hartge and Ted Turegun were present to represent the
applicant. Public Works representative Jeff Renna indicated that
the map as submitted conforms to all Public Works requirements,
and staff planner Savoy Bellavia outlined revisions to the sug-
gested conditions of approval. Both developer representatives
concurred with all conditions, and specifically agreed to the
street improvements extending beyond the blue border of the map.
ON MOTION BY PORTER AND SECOND BY KENEFICK TENTATIVE TRACT
NO. 9879 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS,
BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed subdivision of this 11.15 acre parcel of land
zoned Ml-A and M1-A-10,000, and the future development of
industrial buildings on the subdivision is in compliance with
the City's General Plan.
2. The General Plan has set forth provisions for this type of
land use.
3. The lot size, depth, frontage, street widths, and all other
design and improvement features of the proposed subdivision
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Minutes, H.B. Planning Commission
April 15, 1980
Page 12
are proposed to be constructed in compliance with standard
plans and specifications on file with the City, as well as in
compliance with State Map Act and supplementary City Subdivi-
sion ordinances.
CONDITIONS OF APPROVAL:
1. The tentative tract received and dated April 2, 1980 shall be
the approved layout. If the City Council does not approve Zone
Change No. 80-4, the applicant shall revise the map to reflect
the 20,000 square foot minimum lot size.
2. The sewer, water, and fire hydrant systems shall be designed to
City standards. Both the water system and the sewage system
shall be through the City of Huntington Beach water and sewer
system.
3. Drainage for the subdivision shall be approved by the Department
of Public Works prior to the recordation of a final tract map.
This system shall be designed to provide for siltation and ero-
sion control both during and after construction of the project.
4. All fire safety systems shall be installed by the developer as
required by the Fire Department.
5. Graham Street shall be constructed at the existing 84-foot
right-of-way, having a 4-foot wide meandering sidewalk on the
east side of the street section.
6. Bolsa Avenue shall be constructed having a standard street sec-
tion of 120 feet, with a 4-foot meandering sidewalk between
Graham Street and the easterly property line of the subject site.
The applicant shall be required to install a raised median within
Bolsa Avenue which includes street lighting, planting materials,
and an irrigation system in compliance with standards and specifi-
cations on file in the Department of Public Works.
7. The applicant is required to submit for review and approval by
the Department of Public Works a master plan of curb cuts along
Bolsa Avenue; these curb cuts on Bolsa shall be limited to
three (3) only. In conjunction with this master plan, recipro-
cal easements for egress and ingress of adjacent lots sharing the
curb cuts shall be recorded concurrently with the recordation of
the final tract map.
8. Vehicular access rights shall be dedicated to the City of Hunt-
ington Beach except at the locations of approved curb cuts, at
the intersection of "A" Street and Graham Street, and at the
intersection of "B" Street and Bolsa Avenue.
9. If the Director of Public Works determines that a traffic signal
is necessary at the intersection of Able Lane and Bolsa Avenue,
the applicant is required to participate in one -sixth of the
cost of providing that signal.
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Minutes, H.B. Planning Commission
April 15,1980
Page 13
10. In the interim until "B" Street is fully improved, the dev-
eloper is required to provide a minimum of two (2) twelve
foot (121) travel lanes and all other required street im-
provements along the west side of the street, as well as an
eight (8) foot parking lane along the easterly property
line of the tract to provide parking until the street can
be fully improved.
AYES: Winchell, Kenefick, Porter, Bazil, Greer
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
DISCUSSION ITEMS:
At the request of the City Council,
Kenefick were appointed to serve on
development of the downtown area.
DEVELOPMENT SERVICES ITEMS:
Commissioners Bazil and
the Ad Hoc Committee for the
Secretary Palin reviewed the City Council meeting of April 7,
1980, for the Commission's information.
COMMISSION ITEMS:
Commissioner Kenefick reminded the Commission that a draft EIR
on a Police heliport had been received and urged all members
to submit comments, if any, prior to review of any final EIR.
STAFF ITEMS:
Legal counsel Jim Georges, as a follow up to prior discussion,
informed the Commission that the weight of evidence indicates
that the Commission has no authority to conditionally certify an
environmental impact report; however, a negative declaration
can be conditionally adopted.
In response to staff inquiry, Commissioner Bazil requested to
be placed on the Coastal Commission's Coastal Newsletter circu-
lation listing.
ON MOTION BY KENEFICK AND SECOND BY PORTER THE COMMISSION
ADJOURNED TO A STUDY SESSION TO BE HELD ON TUESDAY, APRIL 29,
1980 AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES: Winchell, Kenefick,
NOES: None
ABSENT: Shea, Bauer
ABSTAIN: None
ak 2)
mes W. Palin, Secretary
Porter, Bazil, Greer
gge C G? -
Robert D. Bazil, Chairman