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HomeMy WebLinkAbout1980-10-07Approved October 21, 1980 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council'Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, OCTOBER 7, 1980 - 7:00 PM _COMMISSIONERS PRESENT: Bannister, Kenefick, Winchell, Porter, Schumacher COMMISSIONERS ABSENT: Greer, Bauer CONSENT CALENDAR: Chairman Porter, noting that a request has been received for a continuation of Consent Agenda Item A-2, a request for extension of time for Conditional Use Permit No. 79-20, pulled that item from the consent calendar. ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16, 1980, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None By consensus of the Commission consideration of Consent Agenda Item A-2 was continued to the regular meeting of October 21, 1980. ORAL COMMUNICATIONS: None Chairman Porter infor:red the audience that public testimony to the Coastal Element of the General Plan will be taken on every area except the Downtown, which will be heard at the regular Planning Commission meeting on October 21, 1980. REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 80-20/TENTATIVE TRACT NO. 11140 Applicant: Don Hartfelder (Continued from September 3, 1980) Negative Declaration No. 80-41, prepared for this project, was approved by the Commission on August 5, 1980. Minutes, H.B. Planning Commission October 7, 1980 Page,2 Savoy Bellavia outlined the revisions to the plan which have been made since the last review and described the areas of deficiency still remaining to be considered under the special permit request. The public hearing was reopened. Don Hartfelder addressed the Commission to discuss the changes he had made to the layout, the reduction in number. of bedrooms, and the increase in common open space square footage. Mr. Hartfelder re- sponded to questioning from the Commission, concluding by saying that he believes the present layout is the optimum design concept for the project; given the problem size of the lot and the constraints of the planned development code requirements. There were no other persons present to speak for or against the proposal, and the public hearing was closed. Board discusssion ensued. A MOTION WAS MADE BY KENEFICK AND SECONDED BY BANNISTER TO APPROVE CONDITIONAL USE PERMIT 80-20 AND TENTATIVE TRACT 11140 WITH FINDINGS AND AMENDED'CONDITIONS. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Porter NOES: Winchell,.Schumacher, ABSENT: Greer, Bauer ABSTAIN:' None ; In the further discussion which followed, Commissioner Bannister asked that the Commission reconsider, saying that in order to.ever accomplish the goal of providing affordable housing in the City the utilization of -the remaining parcels of land must be reassessed. He again suggested a study session for'the purpose of discussing a small -lot condominium ordinance. Commissioner Schumacher said that the density of development.is too=great to provide.a good living environment for families with children; she further noted that there is no guarantee that the resulting development will -be affordable housing. Chairman Porter suggested that the item could be continued with the consent of the applicant to permit the full Commission to be present. Mr. Hartfelder indicated that he would oppose further continuance, saying that there did not seem to be any way to redesign the project as it exists. Secretary Palin discussed the alternative development possibilities, informing the Commission that eight apartments could be constructed on the site with less than half the open space now provided on the plan. A MOTION WAS MADE BY WINCHELL AND SECONDED BY SCHUMACHER TO DENY CONDITIONAL USE PERMIT 80-20 AND TENTATIVE TRACT 11140 BASED UPON THE FINDING THAT THE SPECIAL PERMIT IS NOT WARRANTED. MOTION FAILED BY THE FOLLOWING VOTE: -2- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 3 AYES: Winchell, Porter, Schumacher NOES: Bannister, Kenefick ABSENT: Greer, Bauer ABSTAIN: None Staff pointed out that the mandatory processing date has been passed and no continuance can be made without the consent of the applicant, which has not been granted. Failure to act in this circumstance constitutes automatic approval of the request without the imposition of conditions of approval. Brief dis- cussion among the Commission followed. ON MOTION BY SCHUMACHER AND SECOND BY BANNISTER CONDITIONAL USE PERMIT NO. 80-20 AND TENTATIVE TRACT NO. 11140 WERE APPROVED, THROUGH THE APPROVAL OF THE SPECIAL PERMIT REQUEST, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS - SPECIAL PERMIT: 1. Through the use of landscaped planting materials, aesthet- ically pleasing architecture, and special design and construc- tion techniques, surrounding uses will have a minimized im- pact 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. 2. Through the use of private and common open space and the maxi- mization of the use of aesthetically pleasing types of archi- tecture, the proposed project will provide a better living environment. FINDINGS - CONDITIONAL USE PERMIT 80-20/TENTATIVE TRACT 11140: 1. The proposed subdivision of this .552 acre parcel of land zoned R2, Medium Density Residential, is proposed to be con- structed having 14.4 units per gross acre. 2. The General Plan has set forth provisions for this type of land use as well as setting forth provisions for the implemen- tation of this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation and the R2 zon- ing designation were placed on the subject 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 project 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 ordinance. -3- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 4 CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 80-20: 1. The site plan received and dated October 3, 1980, shall be the approved layout, floor plans, and elevations. The trash col- lection area shall be relocated to the north property line; said location shall be to the approval of the Director of Devel- opment Services. 2. Natural gas and 220V electrical shall be stubbed in at the loca- tions of clothes dryers. 3. Natural gas shall be stubbed in at the locations of cooking facilities, 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 materials, 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 subject property,,whether attached or detached, shall be constructed in compliance with the State ac- oustical standards set -forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall con- sist 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 a building per- mit. The windows located over the driveway shall be double insulated glass. 8. A chemical analysis as well -as tests for physical properties of the soil on the subject property shall be submitted to the City for review prior to the issuance of building permits. 9. If at any time an entry gate is proposed at the main entrance, location and design shall be reviewed and approved,by the Department of Development Services and the Fire Department. 10. The covenants, conditions, and restrictions shall contain a provision that will prohibit storage of boats, trailers, and/or recreational vehicles onsite unless an area which is specifically designated for such storage and which is in compliance with the provisions of Article 936 is provided for in the project. 11. To relieve the stark appearance of the interior patios, addi- tional trees shall be added at these locations. -4- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 5 CONDITONS OF APPROVAL - TENTATIVE TRACT NO. 11140: 1. The tentative tract map received and dated August 29, 1980 shall be the approved tract map. 2. The water system shall be through the 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 con- struction of the proposed project. 6. All access rights along Newland Street except for the in- tersection of the private drive shall be dedicated to the City of Huntington Beach. AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None TENTATIVE TRACT NO. 9388/NEGATIVE DECLARATION NO. 80-48 Applicant: Lindborg Hui -One To permit a 15-lot subdivision on the east side of Lake Street between Palm and Acacia Avenues. Staff reviewed the history of the site. Secretary Palin noted that there has been a change in status of the railroad right-of- way since approval of prior maps for this site, and suggested an added condition of approval which would assure that the City would obtain quitclaim of any possible title interest the developer may have in that right-of-way for use as some type of future transportation corridor. The public hearing on the negative declaration was opened. David Dahl, representing the applicant, addressed the Commission to indicate that the developer is in agreement to transfer to the City any residual rights that may run with the land because of the abandonment of the railroad right-of-way. He also informed the Commission that it is their intention to retain as many of the mature eucalyptus trees along Lake Street as possible. -5- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 6 Ed Zschoche expressed his concern that planning for this parcel may be premature and could have effects upon both the future trans- portation corridor and the Local Coastal Plan. He also discussed the desirability of retaining the trees along the street right-of- way. There were no other persons to address the project, and the pub- lic hearing was closed. The Commission discussed at length means of protecting the trees and assuring that none are removed without City approval, as has occurred along this street in the past. Also suggested was a method of making future buyers aware at the outset that at some time in the future the property to the east of their homes might become a transit corridor. ON MOTION BY WINCHELL AND SECOND BY KENEFICK NEGATIVE DECLARATION NO. 80-48 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None ON MOTION BY WINCHELL AND SECOND'BY KENEFICK TENTATIVE TRACT NO 9388 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision of this 2.19 gross acre parcel of land zoned Old Town Specific Plan, District II, is in compliance with'the City's General Plan. ' 2. 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 housing. 3. The lot size, width, frontage, alley width, and all other de- sign and improvement 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 ord- inance. CONDITIONS OF APPROVAL: 1. The tentative tract received and dated September 2, 1980, shall be the approved layout except that the blue borders shall be revised to extend to centerlines of the abutting streets and to the westerly boundary line of the old Pacific Electric Railroad right-of-way. -6- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 7 2. Drainage for the subdivision shall be approved by the Depart- ment of Public Works prior to the recordation of a final map. This system shall be designed to provide for siltation and erosion control both during and after construction of the project. 3. All vehicular access rights along Lake Street except at approved street intersections shall be dedicated to the City of Huntington Beach. 4. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 5. Natural gas shall be stubbed in at the location of cooking facilities, water heaters, and central heating units. 6. Low -volume heads shall be used on all shower heads. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus and unusable material, shall be disposed of at a facility equipped to handle them. 8. All structures on the subject property, whether attached or detached, shall be constructed in compliance with State acoustical standards set forth for all units that lie within the 60 CNEL contours of the property. 9. A chemical analysis, as well as tests for physical proper- ties of the soil on the subject property, shall be submitted to the City for review prior to issuance of building permits. 10. The eucalyptus trees along Lake Street shall be preserved if possible. This determination shall be made after a professional horticulturist has been retained by the devel- oper to survey each of the trees and has provided a report to the Planning Commission for its determination on whether or not the trees should be removed. All trees removed by the determination of the Planning Commission shall be replaced at a ratio of two 30-inch box trees for each tree so removed. These replacement trees shall be located in the front yard setback and shall be planted in addition to the standard street tree requirements imposed by code on the project. All trees which the Planning Commission determines are not to be removed shall be fully top- and root -pruned by a profes- sional certified by the City. Any of the eucalyptus trees which is inadvertently removed without the approval of the Planning Commission shall be replaced with a tree of the same size as that which was so removed. 11. A tentative map shall identify the proposed alley along the east property line as a private alley. This alley shall be constructed to City standards and a private maintenance -7- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 8 agreement shall be prepared by the developer and approved by the City which will require the maintenance of this private alley to be the responsibility of each of the 15 property owners located within this subdivision. Said alley shall be' constructed with a rolled asphalt curb along the east side. 12. The developer shall quitclaim all right of title interest, if any, on the twenty (20) foot strip of property adjacent to the easterly boundary of Tract 9388 (Block 604 of the Hunting- ton Beach Main Street Section) to the City of Huntington Beach for a possible future transportation corridor. 13. The Real Estate Report issued for the project and distributed to each buyer shall contain notification of the above -noted transfer of title interest and the possibility that the adjac- ent easterly strip of property may in the future be used as some type of transportation corridor. AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None ZONE CHANGE NO. 80-15 Applicant: City of Huntington Beach A proposal for a change of zone from R2-0 to R2 for a .13 acre parcel of land located southwest of Acacia Avenue and northwest of 22nd Street. The public hearing was opened and closed. Savoy Bellavia reported that this zone change has been scheduled at the request of the Fire Department to remove the Oil Suffix from the parcel. Commission discussion ensued. ON MOTION BY KENEFICK AND SECOND BY BANNISTER ZONE CHANGE NO. 80-15 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL, WITH THE FOL- LOWING FINDINGS AND ADDED RECOMMENDATION, BY THE FOLLOWING VOTE: FINDINGS: 1. Removal of the 110" suffix complies with the intent of Title 15 of the Huntington Beach Municipal Code. 2. The deletion of the "0" suffix is consistent with the City's General Plan. ADDED RECOMMENDATION: The Commission recommends that the Council should withhold final action on this zone change until the Oil Committee has had an oppor- tunity to analyze the problem of the "0" suffix and energy production in Huntington Beach. -8- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 9 AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None CONDITIONAL USE PERMIT NO. 80-26 Applicant: Earl Forberg To permit a family amusement center on property located on the south side of Warner Avenue approximately 300 feet west of Goldenwest Street. The public hearing was opened. Bernard Samson, property owner in the neighborhood of the pro- posed use, addressed the Commission in opposition to its approval, saying that its proximity to a highschool and location within the existing shopping center make it an inappropriate use in the area. Mike Butler also spoke in opposition to the project. Earl Forberg, applicant, addressed the Commission in support of his proposal. There being no other persons present to speak for or against the project, the public hearing was closed. The Commission dis- cussed the size and location of the proposed facility, the type of clientele which might be expected to patronize it, and the availability of similar places of entertainment in the area. ON MOTION BY KENEFICK AND SECOND BY BANNISTER CONDITIONAL USE PERMIT NO. 80-26 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The operation of the use would impede free pedestrian traffic circulation in the portion of the center in which it is pro- posed to be located. 2. The same service is available at a nearby location. 3. The use is incompatible with the existing neighborhood. AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer. ABSTAIN: None -9- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 10 CONDITIONAL USE PERMIT NO. 80-27 Applicant: Earl Forberg To permit a family amusement center to be located on property on the northwest corner of Goldenwest Street and Edinger Avenue. Michael Strange, staff planner, reported that in addition to the pentition already submitted to the Planning Commission another peti- tion in opposition to the project has been received at this meeting. He submitted the second petition to the Chairman. The public hearing was opened. Bob Maslak spoke in opposition to the proposal, saying it could create traffic hazards for the overall center. Bob Harrison cited the adverse impact to the surrounding residential neighborhood if the use were to be permitted. Bob Irwin, resident whose dwelling abuts the rear of the proposed use, questioned whether or not the rear entrance to the proposed site would be used. He also felt it would result in an adverse impact on the neighborhood and urged its denial. Another speaker in opposition to the request was Deanne Petrinas, also an abutting resident. Earl Forberg, applicant, spoke in favor of his request. The public hearing was closed. Commission discussion followed. ON MOTION BY WINCHELL AND SECOND BY SCHUMACHER CONDITIONAL USE PER- MIT NO. 80-27 WAS DENIED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE: REASON FOR DENIAL: The proposed use is not compatible with existing or proposed uses in the neighborhood. AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None COASTAL ELEMENT TO THE GENERAL PLAN Applicant: Initiated by Development Services Consideration of a Coastal Element, a State -mandated plan, as an addition to the City's General Plan. -10- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 11 (The Commission recessed at 8:55 p.m. and reconvened at 9:05 p.m.) June Catalano informed the Commission that discussion would take place at this meeting on all land uses and sections of the Coastal Plan with the exception of the downtown area. She described the six new General Plan designations proposed by the staff to implement the Coastal Plan and outlined the land uses staff has proposed for each separate section of the coastal zone, noting that in several areas the designations have been changed to reflect the existing functions of the properties. Ms. Cat- alano also presented the tentative schedule for processing the Coastal Plan which it is hoped will culminate in City Council adoption at its December 15, 1980, meeting. In response to questioning from the Commission, Ms. Catalano said that many zoning inconsistencies will exist immediately fol- lowing adoption of the plan; this will require implementing ord- inances to bring the zoning into consistency with the new General Plan designations. This phase of the process will be funded by the Coastal Commission and will be accomplished after final approval of the Coastal Element. The public hearing was opened. Chairman Porter instructed staff to maintain a running log of all comments and suggestions submitted, to be summarized and available to the Commission prior to its next meeting on this subject. Mary Lee Mathias, President of the Huntington Beach/Fountain Valley Board of Realtors, addressed the Commission with the following comments: 1) The definition of "affordable housing" contained in the report does not meet the criteria by which lenders are determining mortgage payments, and adjustments must be made that can be locked into formulas; 2) the reference to the Orange County Housing Authority should be stricken; 3) the report seems to emphasize "maintaining the same price housing;" she questioned the credibility of this statement vis-a-vis the economics dictated by land costs; 4) there are some workable housing projects throughout the state which the staff could in- clude in its considerations. Dr. Peter Green, President of Amigos de Bolsa Chica, asked that the changes to the Draft Coastal Element recommended by the Local Coastal Plan -Citizens Advisory Committee be discussed and acted upon, in particular in regard to environmentally sensi- tive habitats. He also questioned whether or not the apparent bikeways and roadways through the Bolsa Chica would prejudice the County's Local Coastal Plan, which must address that area. Jack Chalabian, KTJ Properties, spoke to the Commission to ask that a portion of property on Countess Drive just off Edinger -11- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 12 Avenue be redesignated in the Coastal Element to medium density residential because the lack of adequate access to the property makes its commercial designation a completely uneconomic use. Liz Fuchs, Regional Coastal Commission staff member, briefly addressed the Commission. Coastal Commission comments will be submitted later in writing. Dave Hall, alternate member of the Local Coastal Program -Citizens Advisory Committee, asked that the committee's recommendation calling for safeguards for the Bolsa Chica be included in the element. He also asked that a sentence on page 111 of the element supporting the extension of Bolsa Chica Street be deleted. Bonnie Crook, representing Signal Landmark, a major property owner in the coastal zone, informed the Commission that her firm will be submitting written comments on the proposed element. Tom Livengood, Home Council representative, also asked that the recom- mendations of the Citizens Advisory Committee be included in the draft Local Coastal Plan and made available to the public for comment. Robert 1-bore, representing the Mills Land and Water Company, asked that the wetlands designation on much of the Mills property be removed, as well as on the surplus CalTrans land which they may reacquire. It is the opinion of the Mills Land and Water Company that the designa- tion should remain as "planning reserve," which was its historical designation. Scott Sowell, Scott Sowell & Associates, representing a consulting firm retained by the Mills Land and Water Company, reported on his comparison study of the ecology of four areas in the immediate vic- inity (_including City property and the Mills property). His con- clusion was that there is no logical basis for the difference in designations on these parcels. Lillian Myketuk, Huntington -by -the -Sea resident, asked that the des- ignations for wetlands and mobilehome parks be left as they are. Bill Compton, manager of the Southern California Edison Company, outlined future environmental control devices that will be part of the Huntington Beach plant. Part of their property lies in the "wet- land" area and he asked if an overlay designation could be made which would allow those devices to be installed. Written materials regarding their proposal will be submitted to the Commission. There were no other persons present to address the Commission, and the public hearing was closed. The Coastal Element was discussed by the Commission. It was the consensus that the scheduled meetings left inadequate time for pub- lic input into such an important document, and the possibility of holding an extra public meeting solely on the Coastal Element was suggested. -12- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 13 ON MOTION BY BANNISTER AND SECOND BY KENEFICK THE COMMISSION DIRECTED STAFF TO SET A PUBLIC HEARING ON OCTOBER 28, 1980, FOR THE PURPOSE OF REVIEW OF THE COASTAL ELEMENT TO THE GENERAL PLAN, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None DISCUSSION ITEMS: PROPOSAL FOR "AFFORDABLE HOUSING" Proposed by Hermansen/Woolsey, Developers Frank Woolsey addressed the Commission to explain that he had been contacted by HCD staff inquiring if his firm would be interested in cooperating with the provision of low-cost housing through the issuance of mortgage bonds. His letter is in response to that solicitation by the City. He informed the Commission that if the density could be increased to 100 units on his already approved project he could guarantee that the units could be brought on the market at a price range of $49,000 to $69,990. He added that he has been informed that there is a time constraint on this proposal, as the bond company says it must be accomplished by December of this year. He is asking only if the Commission is interested in such a proposal and if they would be willing to grant the density bonus in order to facilitate affordable housing in the community. Extensive discussion followed which considered the types of structures which would be necessary to fit the requested number of units on the property in question, the apparent lack of com- munication among City departments on the subject of the mortgage bonds, and.the continued affordability of any units which might be constructed under such a program. It was the consensus of the Commission that inadequate information was presently available to make any determination on the proposal. Staff was directed to prepare a packet of information on the steps all departments in the City have been taking on the issue of affordable housing and submit this information to the Commission prior to its upcoming joint meeting with the HCD Committee on October 14, 1980. USE PERMIT 78-73 (Revised Elevations) Submitted by John Cowles, W. Sterling Buck Co. Staff explained that the original 1979 approval for the lots in question had shown two buildings, one existing on the in- terior and one proposed for the corner lot, which had been tied together by parking requirements and exterior architectural -13- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 14 treatment. Since then the applicant has sold off the corner prop- erty and now wants to modify elevations for the existing interior building. It was emphasized that the corner property was originally conditioned with parking to satisfy the needs of the interior building, which cannot stand on its own to meet the parking called for by code. No plans are on file with the City from the new owner of the corner lot and it is not known if that construction will comply with the original approval. Commission discussion ensued. ON MOTION BY WINCHELL AND SECOND BY KENEFICK THE REVISED ELEVATIONS FOR USE PERMIT NO. 78-73 WERE TABLED PENDING RECEIPT OF AN APPLICA- TION FOR THE CORNER LOT, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None MONTEREY STREET The Commission reviewed the legal opinion from the Office of the City Attorney in regard to the status of Monterey Street. ON MOTION BY SCHUMACHER AND SECOND BY KENEFICK THE COMMISSION REC- OMMENDED TO THE CITY COUNCIL THAT IT PURSUE LEGAL MEANS TO HAVE MONTEREY STREET REOPENED TO PUBLIC USAGE PURSUANT TO THE ANALYSIS RECEIVED FROM THE CITY ATTORNEY, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None REVISED TENTATIVE TRACT 11104/LANDSCAPING PLAN Curtis Development The revisions were discussed; staff noted that there have been no changes to the development. ON MOTION BY BANNISTER AND SECOND BY KENEFICK THE REVISED MAP 11104 AND THE LANDSCAPING PLAN WERE APPROVED BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None CONDITIONAL USE PEI:MIT NO. 78-18 (PROPOSED FENCING AND GRADING) Church of Latter Dav Saints The Commission reviewed the request and discussed compliance with prior conditions of approval imposed upon the church project. -14- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 15 Janet Wilson, resident of adjoining property, addressed the Commission to describe the ongoing conditions in the neighbor- hood and request that some action be taken to force compliance with the conditions of approval. Staff outlined their prior efforts to obtain compliance, noting that they had visited the site and attempted to work with the architect to arrive at a solution. Chairman Porter noted that a negotiable solution no longer seems probable and that the original conditions placed on the project should be complied with; i.e., installation of the required landscaping, correction of the grading to effect adequate drainage, removal of unauthor- ized construction on the site, and relocation and enclosure of the trash dumpster. ON MOTION BY KENEFICK AND SECOND BY BANNISTER THE COMMISSION DIRECTED STAFF TO INITIATE A REQUEST FOR PROSECUTION TO THE OFFICE OF THE CITY ATTORNEY TO OBTAIN COMPLIANCE WITH THE CONDI- TIONS OF APPROVAL IMPOSED ON CONDITIONAL USE PERMIT NO. 78-18, BY THE FOLLOWING VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher NOES: None ABSENT: Greer, Bauer ABSTAIN: None Chairman Porter directed that a status report on the above matter be prepared for the Commission at every meeting until the problem is resolved. , CITY COUNCIL MEETING OF OCTOBER 6, 1980: Secretary Palin reviewed the action taken by the City Council at its October 6 meeting for the information of the Commission. STAFF ITEMS• Savoy Bellavia reminded the Commission of the joint meeting with the Housing and Community Development Citizens Advisory Board on October 14, 1980, and the Subdivision Committee meeting on Friday, October 10 at 8:30 a.m. COMMISSION ITEMS: Commissioner Kenefick suggested that staff prepare a standard condition of approval which could be applied to all tracts or developments which have existing, mature trees onsite or on the street right-of-way. This condition could be similar to the one applied to Tract 9388. -15- 10-7-80 - P.C. Minutes, H.B. Planning Commission October 7, 1980 Page 16 Commissioner Bannister requested investigation of the possibility of providing signalization of the intersection of Moorpark and Magnolia Street for the safety of school children in the area. There being no further business, the Commission adjourned at 11:45 p.m. to a meeting on October 14, 1980 at 7:00 p.m. :df Marcus M. P rter, Ch an -16- 10-7-80 - P.C.