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HomeMy WebLinkAbout1982-03-16Approved on 4-20-82 MINUTES HUNTINGTON BEACH -PLANNING COMMISSION TUESDAY, MARCH 16, 1982 -' 7:00 PM COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: CONSENT CALENDAR: Council Chambers 2000 Main Street Huntington Beach, - Civic Center California Higgins, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey None ON MOTION BY PAONE AND SECOND BY MAHAFFEY THE CONSENT CALENDAR, CONSISTING OF A REQUEST FOR EXTENSION OF TIME OF CONDITIONAL USE PERMIT NO, 80-20 AND TENTATIVE TRACT NO. 11140 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Kenefick, Paone, Winchell, Schumacher, Mahaffey NOES: None ABSENT: Porter ABSTAIN: .None ORAL COMMUNICATIONS: Mr. David Dahl addressed the Commission at this time because the item he wa-s interested in was a discussion item and not a public hearing. He voiced his opposition to the request made by Development Services staff to prepare an environmental impact report along with his recently -_filed applications for Tentative Tract No. 11473 and Conditional Use Permit No. 82-3. He reiterated his request in his letter that this request would not only be duplicity, but also that "time was of the essence" for financial constraints. Linda Moon, representing 800 horse owners, also spoke to the Commission at this time stating the same reasons as Mr. Dahl in opposition to an environmental impact report being prepared by the City in regard to the Lindborg/Dahl proposed project. Commission action was taken on this item and is described in these minutes under the section entitled, "Discussion Items". REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 81-88 (APPEAL) (Continued from 2-17-82) Applicant: Kenneth E. Holmes Minutes, H.B. Planning Commission March 16, 1982 Page 2 This is an appeal of the Board of Zoning Adjustments' original denial of a request to permit the relocation of a garage with a 16 foot front yard setback, with a proposed wing wall to encroach 5 feet into the side yard setback at a height of 10 feet, on property lo- cated on the west side of Saybrook Lane, approximately 300 feet south of Davenport Lane. After the appellant, Mr. Holmes, appeared before the Planning Com- mission with the above mentioned revised plan, the BZA agreed to recommend approval with conditions. However, a field inspection was conducted to verify Mr. Holmes' claim of parity, and this re- vealed that there were no neighbors in the immediate area with a 712- foot garage setback. Therefore, the granting of this request would set a precedent. The public hearing was opened. Mr. Holmes made his plea for grant- ing his request. Seeing no one else wished to address the Commis- sion on this matter, the public hearing was closed. After brief discussion took place, Commissioner Mahaffey made a motion to uphold the original BZA approval of Conditional Excep- tion 81-88. This motion failed for lack of a second. ON MOTION BY PAONE AND SECOND BY PORTER CONDITIONAL EXCEPTION NO. 81-88 WAS DENIED WITH THE FOLLOWING AMENDED FINDINGS, BY THE FOL- LOWING VOTE: FINDINGS FOR DENIAL: 1.' The granting of the conditional exception will be materially detrimental to the public welfare because it creates a poten- tial traffic hazard'. Due to the volume of traffic generated on Saybrook Lane by the commercial shopping center to the east. 2. The granting of this conditional exception will constitute a grant of special privilege inconsistent upon other properties in the immediate vicinity, thus setting a precedent for this area of Saybrook Lane. AYES: Higgins, Kenefick, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 82-01 (Continued from 3-9-82) Applicant: Stephen & Daylane Fraser A request to permit the construction of a one -bedroom, 589 square foot dwelling unit above a proposed two -car garage, at property -2- 3-16-82 - P.C. Minutes, H.B. Planning Commission March 16, 1982 Page 3. located on the north side of 12th Street approximately 200 feet east of Olive Avenue. The public hearing was opened. Seeing no one was present to ad- dress the Commission'on this.matter, the public hearing was closed. ON MOTION BY PORTER AND SECOND BY SCHUMACHER CONDITIONAL EXCEPTION NO. 82-01 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The subject property is standard in size and configuration for the Townlot Specific Plan area (25' X 117.51) and no excep- tional or extraordinary circumstances relating to the land, buildings, or premises can be found to justify approval of Conditional Exception No. 82-01. 2. Provisions exist within the Townlot Specific Plan district that permit additions over garages if the main dwelling and the accessory building are attached by a corridor or hallway. Therefore, the approval of this conditional exception is not necessary for.the-preservation and enjoyment of substantial property rights. AYES: Higgins, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: Kenefick ABSTAIN: None TENTATIVE TRACT NO. 11673/CONDITIONAL USE PERMIT NO. 81-34 Applicant: Mola Development Corporation Engineer: Don Greek & Associates A request to construct a 744-unit Planned Residential Development pursuant to the provisions contained within the Seabridge Specific Plan on a 60+ acre site: located south of Adams Avenue and east of Beach Boulevard. Jim Barnes gave a presentation of the project. He cited the change of wording in Condition #9 (listed below) for the Conditional Use Permit regarding the perimeter wall. . The public hearing was opened. Frank Mola, the applicant, addressed the Commission stating his reasons for granting the request. The public hearing was closed. Commissioners Schumacher and Kenefick agreed that some provisions =3- 3-16-82 - P.C. Minutes, H.B. Planning Commission March 16, 1982 Page 4 need to be made addressing the low to moderate income housing issue. However, Commissioners Higgins and Paone disagreed stating that the affordable housing was only imposed on areas in the coastal zone, and, furthermore, it was never stated at the time the Seabridge, Specific Plan was before the Commission. At this,time, the applican was asked to come forward and state his opinion on the affordable housing question.- Mr. Mola stated that he will have units that he feels are affordable and felt that at this stage, it was out of the question for him to build affordable units with the same stipulations imposed on other projects in the coastal zone. Further discussion took place regarding the rewording and adding of other conditions on the Conditional Use Permit that are listed below. in addition, staff added four conditions of approval for CUP 81-34. A MOTION WAS MADE BY PORTER AND SECONDED BY HIGGINS TO APPROVE CONDITIONAL USE PERMIT NO. 81-34 WITH FINDINGS AND AMENDED AND ADDED CONDITIONS AS DISCUSSED. After further discussion of a condition requiring that the CC&R's reserve all resource production areas be preserved as permanent open space, it was the consesus of the Commission that the condition was not necessary. Both the maker and the second amended their motion to delete that requirement. THE ORIGINAL MOTION AS AMENDED ABOVE WAS ADOPTED BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed development is in conformance with the policies and development standards contained in both the City's General Plan and the-Seabridge Specific Plan. 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. The project complies with the Land Use Element and all other elements of the;General Plan. 2. The proposed subdivision of this 60+ gross acre parcel of land zoned Seabridge Specific Plan is proposed to be constructed having 15± units pet gross acre. 3. The property was previously studies for this intensity of land use at the time the land use designation of Planned Community was placed on the property. 4. The lot size, depths, frontage, street widths, and all other design and implementation features of the proposed subdivision are proposed to be constructed in compliance with standard -4- 3-16-82 - P.C. Minutes, H.B. Planning Commission March 16, 1982 Page 5 plans and specifications on file with the City as well as in compliance with State Map Act and supplementary City subdivision ordinance. CONDITIONS FOR APPROVAL: 1. The site plan, floor plans, elevations and all other supple- mentary plans submitted by the applicant and dated March 5, 1982, shall be the approved plans for this development. 2. Natural gas and 220V electrical shall be stubbed in at the lo- cations of clothes dryers. This requirement may be waived pro- vided that the applicant will install a more energy efficient alternative subject to the review and approval of the Department of Development Services. 3. Natural gas shall be stubbed in at the locations of cooking fa- cilities, water heaters, and central heating units. 'This re- quirement may be waived provided that the applicant will install a more energy efficient alternative subject to the review and ap- proval of t e Department of Development Services.- 4. Low -volume heads shall be used on all indoor 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 shall be used in parking lots and/or recreation areas. 7. The covenants, conditions, and restrictions shall contain a pro- vision that will prohibit storage of boats, trailers, and re- creational vehicles onsite, unless an area that is specifically designed for such storage and which is in compliance with the provisions of .Article 936, is provided for the project. 8. The location and design of all entry gates shall be reviewed and approved by the Department of Development Services and the Fire Department. 9.- The design and materials of the perimeter wall along property lines at the terminus of public streets shall be subject to the approval of the Department of Development Services prior to the issuance of building permits. 10. A detailed landscape and sprinkler plan shall be subject to the approval of.the_-Department of Development Services prior to the issuance of building permits. A plan for intensified landscaping along the east and south property lines in Areas A and B shall be reviewed and -.approved by the Department of Development Services. -5- 3-16-82 - P.C. Minutes, H.B. Planning Commission March 16, 1982 Page 6 11. All approved drives shall be considered required fire lanes and shall be signed'as such subject to the approval of the Hunting- ton Beach Fire Department. 12. A fire sprinkler system shall be designed and installed in those structures as deemed necessary by the Huntington Beach Fire Department. 13. Units facing water-scaped areas shall maintain a sufficient setback subject to the approval of the Huntington Beach Fire Department. 14. The termination of all public streets at the boundaries of,the development shall be designed and constructed by the developer in a manner acceptable to and approved by the Department of Public Works. 15. All interior roadways, with the exception of the north/south most easterly roadway, and parking courts shall be a minimum of 27 feet in width. 16.. The applicant shall coordinate with the State Department of Fish and Game in .mitigating to the greatest extent feasible, the immediate lot of wetland area. 17. Signal improvements shall be installed by the applicant at his own expense at the entrances located on Beach Boulevard and Adams Avenue, pursuant to Department of Public Works standards. 18. Design of the bridge across the-flood'control channel shall be in accordance with Department of Public Works standards. Fen- cing shall be installed along the edge of the flood control channel, a minimum of five(5) feet in height. Embankments along the flood control channel shall be fully landscaped. 19. Freshwater lakes and ponds within the development shall use reclaimed water from the Orange County Sanitation District, if made available in adjacent streets. 20. The freshwater pond located north and south of the main entry drive off Beach Boulevard shall be designed in'accordance with the conceptual freshwater pond design received and dated March'15, 1982. 21. All standards and provisions contained in the Seabridge Spe- cific Plan shall be complied with. AYES: Higgins, Kenefick, Paone, Porter -6- 3-16-82 - P.C. Minutes,*H.B. Planning Commission March 16, 1982 Page 7 NOES: Winchell, Schumacher, Mahaffey ABSENT: None ABSTAIN: None ON MOTION BY PORTER AND SECOND BY HIGGINS TENTATIVE TRACT NO. 11673 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed development is in conformance with the policies and development standards contained in both the City's General Plan and the Seabridge Specific Plan. 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. The project complies with the Land Use Element and all other elements of the General Plan. 2. The proposed subdivision of this 60+ gross acre parcel .of land zoned Seabridge Specific Plan is proposed to be constructed having 15+ units per gross acre. 3. ' The property was previously studied for this intensity of land use at the time the land use designation of Planned Community was placed on the property. 4. The lot size, depths, frontage, street widths, and 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 State Map Act and supplementary City subdivi- sion ordinance. CONDITIONS OF APPROVAL: 1. The tentative tract received and dated March S, 1982, shall be the approved layout. 2. Water shall be provided through the City of Huntington Beach water system. .3. Sewer, water, drainage, and fire hydrant systems shall be in- stalled in accordance with City standards. 4. A maintenance agreement for parkways, landscaping, and improve- ments along Adams Avenue and Beach Boulevard shall be executed between the City and the applicant in accordance with Depart- ment of Public Works standards. AYES: Higgins,-Kenefick, Paone, Winchell, Porter NOES: Schumacher, Mahaffey -7- 3-16-82 - P.C. Minutes, H.B. Planning Commission March 16, 1982 Page 8 ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 81-18/NEGATIVE DECLARATION NO. 82-3 Mobile Home Park Conversion Ordinance (Continued from 2-17-82) An ordinance amending the Huntington Beach Ordinance Code ---by es- tablishing a new article for Mobile Home Park Conversion Regula- tions. The ordinance will establish requirements for notification of mobile home park residents, and will set guidelines for approval of a Tenant Relocation Assistance.Plan prior to the change of use of a mobile .home :park. Florence Webb and.Hal Simmons gave brief presentations on the code amendment. The public hearing was reopened. The following persons spoke against the adoption of -the proposed ordinance: Robert Stettler Al Teriveo Brian Dana Millie Hayes Jim Knolls John McGuinness Cynthia Gonzales Ed Judowski Guy Kingsbury Robert Williams George Avon John Mares David Weisbart 1 Opposition was to various concerns., Public consensus was definitely against the use of Kelley Blue Book as a guideline for compensation of the displaced tenants. Most persons stating that this •was con- siderably less than even their initial investments., Robert Williams, representing Huntington Shores Mobile Home Park suggested that a study session be conducted. He especially objected to a sentence in the proposed ordinance which states that temporary lodging ex- penses incurred by the -move shall be identified and paid by the applicant at the time of the move. He would like staff to define "temporary lodging expenses". -One citizen cited an incident where his mother, who was a tenant at a park, actually sold her mobile home for a very -,low sum when she was "frightened" by the rumors of park conversions. The public hearing was closed. Commissioner Kenefick was concerned about the public being notified with some sort of.information sheet regarding the proposed ordinance. Mr. Palin stated that this could be done by staff. Commissioner Paone agreed with public consensus that a study session be con- -8- 3-16-82 - P.C. Minutes, H.B. Planning Commission March 16, 1982 Page 9 ducted. He also requested that staff compile a list of available space. There was some discussion about the 1-year notice which must be given to tenants by the applicant. Mr. Folger advised the Commission that the -reason that was written into the ordinance is because it was a state law. The Chairman scheduled a study session for 7:00 PM, Tuesday, March 30, 1982, in the Council Chambers. Commissioner Schumacher stated that she liked the ordinance put into effect in the City of Newport Beach regarding park conversions. Commissioner Porter asked staff to investigate the possibility of public property that could be used for mobile home parks. ON MOTION BY KENEFICK AND SECOND BY PORTER CODE AMENDMENT NO. 81-18 AND NEGATIVE DECLARATION NO. 82-3 WAS CONTINUED TO THE MEETING OF APRIL 20, 1982, BY THE FOLLOWING VOTE: AYES: Higgins; Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None The Chairman called-.,- for --a recess. Commission reconvened at 10:05 PM. PRECISE PLAN OF STREET.ALIGNMENT NO. 82=2 Initiated by the*City-of�Huntington Beach A reconsideration -.of -the possible closure of Park and Pine Streets at Utica Avenue. Ralph Leyva, Public Works Department, gave a brief presentation on the proposed precise plan. He stated that -the City Council had re- ferred this matter to the Transportation Commission, who in turn required that a publ c,hearing be held to determine the effects of the closure. After:=this, the recommendation went to the City Coun- cil who approved a, -temporary closure of the subject streets by the use of construction barricades. The public hearing was opened. The following persons spoke in favor of the closure of the two streets: Bill Penio Sandra Of field George Avon The basic reasons for --.the closure were because of noise and traffic congestion. The following persons tspoke against the closure: Bob Boland -9- 3-16-82 - P.C. Minutes,-H.B. Planning Commission March 16,.1982 Page 10 Sandra Pederson Fay Ogden Robert Montgomery Vern Cowan The basic reasons -cited against the closure ranged from the barricades being unsightly to the•fact that the original closure of the streets called for a one -way -alley which would be inconvenient to the resi- dents. Many letters were presented to the Commission, also against the street closures, citing that they use the streets for commuting and various other reasons. The public hearing was closed. Commission discussion was brief. Commissioner Paone felt that the majority of the residents concerned did not want the streets closed. A MOTION WAS MADE BY PAONE AND SECONDED BY KENEFICK TO ADOPT RESOLU- TION NO. 1284 THEREBY RECOMMENDING APPROVAL OF PRECISE PLAN OF STREET ALIGNMENT NO. 82-2, WHICH WILL RESCIND PRECISE PLAN OF STREET ALIGN- MENT NO. 76-6D THAT CALLED FOR THE CLOSURE OF PARK AND PINE STREETS AT UTICA AVENUE, BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Higgins, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: 'None ABSTAIN: None TENTATIVE TRACT NO. 11718/NEGATIVE DECLARATION NO. 82-1 Applicant: Leo D. and Patricia Marchano A request to permit the processing of six residential lots sub- division for lot sales on a .64 acre parcel of property located on the southeast corner of 5th and Lake Streets. The public hearing was opened. Jay Panchall, Engineer on the project, came forward to answer any questions. Since there were no questions or further public testimony, the public hearing was closed. ON MOTION.BY PAONE AND SECOND BY HIGGINS NEGATIVE DECLARATION NO. 82-1 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Kenefick, Paone, Winchell, Schumacher, Mahaffey NOES: None ABSENT: Porter ABSTAIN: None ON MOTION BY PAONE AND SECOND BY HIGGINS TENTATIVE TRACT NO. 11718 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -14.- 3-16-82 - P.C. Minutes,'H.B. Planning Commission March 16, 1982 Page 11 FINDINGS FOR APPROVAL: 1. The proposed subdivision of this .64 acre parcel of land zoned Oldtown Specific Plan, District 2, is in compliance with the City's general and specific plans for this area. 2. The City's General Plan has set forth provisions for this type of land use as well as setting forth objectives for implemen- tation of this type of housing. 3. The lot size, width, frontage, alley width, and all other design and implementation features of the proposed subdivision are proposed to be constructed in compliance with standard and specific plans on file with the City as well as in com- pliance with the State Map Act and supplementary City subdi- vision ordinance. CONDITIONS OF APPROVAL: 1. The tentative tract received and dated February 25, 1982, shall be the approved layout. If the City vacates five'(5) feet along the southerly -portion of Fifth Street, said map shall be revised to reflect the revised street width and incorporation of the extra footage into.the map boundaries.- 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 pro j.ect . 3. All vehicular access rights along Lake Street and Fifth Street except at the'intersection of the private alley and Fifth Street, shall beidedicated 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 fa- cilities, water heaters, and central heating units. 6. Low -volume heads shall be used on -all shower heads. 7. All building spoils,_.such as unused lumber, wire, pipe, and other surplus;and..unused materials shall be disposed of at an offsite facility equipped to handle them. 8. All structures on ;the subject property, whether attached or detached, shal-l:be°:constructed in compliance with State acous- tical standards set.:forth for all units that lie within the 60.CNEL contours,of the property. -11- 3-16-82 - P.C. Minutes, H.B. Planning Commission March16,1 1982 Pagb­12 9. A chemical analysis, as well as tests for physical properties of the soil on.the,subject.property ,shall b.e-submitted,to the ' C I or"- -pFJ'ior­to'__ '�he.is'-su'an'ce--6fibu�lding,perm ty-i" .review its. 10-.--The eucalyptus trees _.,along Ldke'Streiet. frontage .__.sball be, -pre- served Jf-'os5ible._, !The'� det6rijii�dtion,'sha"li -. be'l'-made" after a "professionald hoi:tic-�it�irist'hi��§"-"bL-L-n 'reti�I'In6d,',by' the developer -to:pro'vide _-'a".'rie-]�ort.to to survey 'each- the -trees, ' of the ­t� eg, and' -the Plannin6 Commission for, dtermiation _on' whether aor hot_tbe treds­'shaii'be replaced o bremoved;""All`removed trebs are—'t- e at­a'�r"atio­'6f two..(2)-,30'i'ncb-,b6:k't'r'e6s''for, eacb'-tree'removed. "'These -trees shall-b6'lodatdd within'the'f'ront yard setback and -shall be in-addition,to they standard -street tree, -requirements impo'91 -Code:` shall be ed.'_by__the 7 Ordinance fullydp7­and-ro y,-a-profess16nal certified ' by the -city. -lifie shall 11 The pra",vo�-e'�il.Loy"depidted'-al6ng the'east pro]�6kty' be constructed to City standards and a private maintenance ,agreemeftK_-,shall be prepared by the developer and approved by e City.'. This agreement shall require the maintenance of this "'private -'alley to be the responsibility of each of the six pro- perty - owners,located witbin,this,.,subdivision.,,,-,Sa - id, -alley -shall be consr-ruc"with 'an-' _Jsp�ih 6 1 t c u i� 1� along' the east - side. , At 'teda such ,time_as .the_ property.3 immediately, to the south is developed a reciprocal'agreement' 'shall,b��lehtei�ed into between all the tI'll located", -property owners ifth Street and Pecan Avenue to allow access over this alley .fQr,,,all:pi;op(prty.owners .-and.to .,provide for an equal share of the m6Lint6n6fid& 6f'"th6-total a 116y'. 7" 12'.' ""The d&v--elo I p6r'shdl 1 1 - quit t claiM.all r-ights -of, tit e interest, i:f any,,'on ,thO'20-f6ot.strip 'of property _adjacent .to the .east- ec­' "t to the -,City­.6g_ -"8ifntington er ly b6uh&fry of "the subj' t trac ', , - for transportation_ Beachfor 4-possible future", __corr. 13. The rdal estate 'r'eport,'- issued -iOr --�� 'ihE''i)r'oje'-'ct'dnd"-distributed to each buyet " ": ' "' ­ ' i "shall . coiitdifi a notification of the above -noted shal transfer of title interest and the,possibility that -the adjacent easterly, strip of may -in the future b"e"'u-sed-as some type'- '8f`­trarispo'rtation 'corridbr. 14. � 'nt p The aip'dishall be responsible for installingallstreet ica im''t vemen _s­ o bp d' t� n the south side of Fifth Street adjacent to the "*' d"f�acific Electric Railroad right-of-way. a 'ai�aone AYES ' Higgins,. Kenefick,­-Pao-ne, in&1i611; '-SdhumAc-her,_'Kahaffe'y Ncii8, ' !-",None .ABSENT:- Porter n ABSTAIN ""I Norse llz­ 3-16-82 P.C.. Minutes,. H.B. Planning Commission March 16, 1982 Page 13 CONDITIONAL USE PERMIT NO. 82-4 Applicant: First Christian Church of Huntington Beach A request to permit the erection of a 54 foot high lighted cross to an existing church facility and to establish -the location of signs for said facility, located on the southeast corner of Adams Avenue and 17th Street. The public hearing was opened. The following persons spoke in favor of granting the request: Rolo West Bob Hench Bruce Burgermeister Mr. Hench brought a sample of the lighting that -would illuminate the cross. The following persons spoke against the illumination of the cross: Bob Pedise Mr. Walker Deborah Katz Mr. Musican David Winegarden Betty Walker Marilyn Gallager; _ The public hearing was closed. Commission discussion took place. Other church structures in the City were considered as far as parity. The mormon.church on Edwards and Heil was briefly discussed, because it has a 63 foot obelisk. Staff informed the Commission that there is no height limit on uninhabitable structures. However, the illumi- nation of the cross would be prohibited since it is'in a residential district. Commissioner Paone felt that this would constitute a sign rather than an'ufiin-habited structure. ,The maker of the following motion added a third condition to the proposed findings, that the cross be proportionate to the design of the church structure...-.,. A MOTION WAS MADE BY PORTER AND SECONDED BY HIGGINS TO APPROVE CON- DITIONAL USE PERMIT NO. 82-4 WITH FINDINGS, INCLUDING THE ABOVE ADDED FINDING, AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed amendment,to a previously approved site plan is in substantial conformance with the Huntington Beach Ordinance Code, 2. The proposed amendment -will not'adversely modify the previously -13- 3-16-82 - P.C. Minutes, H.B.*Planning Commission March 16, 1982 Page 14 approved site site plan of Conditional Use Permit No. 79-32. 3. The proposed cross is in keeping with the.design of the,proposed church structure and the surrounding neighborhood. CONDITIONS OF APPROVAL: 1. The site -plan received and dated March-3, 1982, shall -be the approved layout insofar as depicting the location of the free standing cross and the two free standing signs, one located at the intersection of Adams Avenue and Main Street and the other located -at the intersection of Adams Avenue and 17th Street. No other signs on the -approved site plan are permitted. The 54 foot high free standing cross will not,be internally illuminated.. 2. All other previously imposed conditions of approval of Condi- tional Use Permit No. 79-32 are still applicable. AYES: Higgins,, Kenefick, Porter, Schumacher, Mahaffey NOES:, Paone, Winchell ABSENT: None ABSTAIN: None CODE AMENDMENT NO, 82-2 (Continued from'3-9-82) Initiated by the.City of Huntington Beach - An amendment repealing Article 973 of Division 9 of the Huntington Beach Ordinance Code and adding a new Article 973 entitled,."Mis- cellaneous Provisions". Said code amendment reorganizes and rewords sections of 973 for clarity and requires a use permit rather than an administrative review for the following uses:. 1).care-of non - related persons;.2) temporary parking;.lots; 3) home occupation swim- ming instruction, and 4) temporary outdoor.events (formerly special events). Said amendment also establishes a permit for temporary construction facilities and -allows a use permit application for trailers to be used as. offices for 'no more than five years. ON MOTION BY PORTER AND SECOND BY PAONE CODE AMENDMENT NO. 82-2 WAS CONTINUED TO THE MEETING OF APRIL­6, 1982, BY THE FOLLOWING VOTE: AYES: Higgins, Kenefick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 82-1 (Continued from 3-9-82) Initiated by the City of Huntington'Beach -14- 3-16-82 - P.C. Minutes, H.B. Planning Commission March 16, 1982 Page 15 An amendment to Article 910 by revising the development standards pertaining to windscreens and patios in the R1 (Low Density Residential) District. ON MOTION BY PAONE AND SECOND BY KENEFICK CODE AMENDMENT NO. 82-1 WAS CONTINUED TO THE MEETING OF APRIL 6, 1982, BY THE FOLLOWING VOTE: AYES: Higgins,-Kenef ick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None DISCUSSION ITEMS: As discussed earlier in these minutes, a request was received by tindborg/Dahl Investors, Inc., to present their applications for Tentative Tract No. 11473 and Conditional Use Permit No. 82-3 along with a negative declaration rather than delaying the project by waiting for the City to approve an Environmental Impact Report (EIR 82-1) . A MOTION WAS MADE BY PAONE AND SECONDED BY PORTER DIRECTING STAFF TO COME BACK WITH THE ABOVE MENTIONED APPLICATIONS AND SET FOR PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Higgins, Kenef-ick, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None A request was received from Wizard Sales asking.that the Commission give some direction regarding temporary signing. The purpose of this is to allow his mobile message center (a van with a moving sign on top) to advertise in the City. As yet, this City does not allow such type of signing. Commissioners agreed to discuss this request at the March 30, 1982.study session. The Commission received.a request from Mansion Properties, Inc., to grant modifications to Tentative Tract No. 10069 in order to provide adequate setbacks from the golf course. = ON MOTION BY PORTER AND -SECOND BY KENEFICK, THE ABOVE REQUEST WAS GRANTED FURTHER STATING THAT THIS ACTION DOES NOT GRANT ANY EXTEN- SION -OF TIME UPON THE -,SUBJECT MAP, BY THE FOLLOWING VOTE: AYES: Higgins, Kenefick, Paone, Winchell, Porter`, Schumacher, Mahaffey -15- . 3-16-82 - P.C. Minutes, H.B.-Planning Commission March 16, 1982 Page 16 NOES: _None ABSENT: None - ABSTAIN: None DEVELOPMENT SERVICES -ITEMS: Secretary Palin reviewed the actions taken at the City Council meet- ing of March . 15,, 1982,_ for_; the Commission's -information. COMMISSION ITEMS: One Com_missioner,_ representing•the Planning Commission, will attend a tour of thie Bdlsa'Chica Linear Park site on April 2, 1982, co- sponsored by Supervisor Harriett-:Wieder and,the Huntington Beach Company. ADJOURNMENT: - The Commission•adjourned at 12:05 AM to a study session at 7:00 PM, March 30,1982,- to be held in the Council Chambers. 61mes W. Palin, Secretary Grace Winchell, .Chairman :jlm -16- 3-16-82 - P.C. I']