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HomeMy WebLinkAbout1982-04-06Approved on 5-4-82 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, APRIL 6, 1982 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey COMMISSIONERS ABSENT: None CONSENT CALENDAR: ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS THE CONSENT CALENDAR, CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF MARCH 2, 1982, AND THE ADJOURNED MEETING OF MARCH 9, 1982, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: Paone ABSTAIN: Higgins, Livengood ORAL COMMUNICATIONS: Tom Livengood was welcomed to the Planning Commission by the Chairman. REGULAR AGENDA: USE PERMIT NO. 81-40 (Appeal) Applicant: M. E. Biddle Appellant: Cbuncilman John Thomas A request to permit "storage and wholesale sales of organic materials", on property located south of Ellis Avenue, approximately 600 feet west of Goldenwest Street. Howard Zelefsky gave a brief presentation with some slides of the area. The public hearing was opened. Ron Montgomery, architect for Mr. Biddle, requested that the Planning Commission overrule the BZA denial. He further added that Mr. Biddle would be willing to leave the area when it begins to develop. The public hearing was closed. Minutes, H.B. Planning Commission April 6, 1982 Page 2 Commission discussion took place. Commissioner Porter asked the Deputy City Attorney if there was any legal appeal in this case since the reason for appeal was never stated. Mr. Folger stated that Mr. Porter was correct, however, since the item was advertised that the best thing to do now was to go ahead with the item. Commissioner Mahaffey made a motion to approve Use Permit 81-40 and overrule the BZA denial. This motion failed for lack of a second. Commissioner Mahaffey stated that he felt the Commission was "putting the man out of business" by upholding the BZA denial, and that he would vote against this. ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS THE BZA DENIAL OF USE PERMIT NO. 81-40 WAS UPHELD WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. Not an allowed use in a RA zone. Use is appropriate in M2 (Heavy Industrial) zone subject to the granting of a use permit. 2. The granting of a use permit would adversely affect the General Plan of the City of Huntington Beach by permitting the manufac- turing of fertilizer in an area of the City designated as estate residential in the General Plan. 3. The proposal is not consistent with the City's General Plan of land use which designates the land use as estate residential. AYES: Higgins, Livengood, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: Paone ABSTAIN: None Chairman Winchell suggested that Item C-3 be taken up before Item C-2 due to the audience response by those persons present that were interested in Item C-3. ZONE CHANGE NO. 82-4/NEGATIVE DECLARATION NO. 82-10 Initiated by the City of Huntington Beach To permit a change of zone from M1-A-O to LUD-O on 38+ acres of pro- perty located at the southwest corner of Magnolia Street and Hamilton Avenue. The Chairman explained the definition of the LUD-O zoning to be sure that persons wishing to address the Commission understood that the proposed zoning would be much more restrictive than the pre- sent M1-A-O designation. The public hearing was opened. to address this issue: Bill Ervin The following persons came forward 1 Minutes, H.B. Planning Commission April 6, 1982 Page 3 Clinton Brostedt Al Steinberg Carol Cohn David Rosso Ron Titus Although the public response was in favor of making the proposed zone change, most people felt that some sort of permanent zoning be placed on the property. One person suggested Recreational Open Space as a possible solution. Ron Titus mentioned that the State of California can overrule any local ruling. Staff will investigate this statement. The public hearing was closed. ON MOTION BY PAONE AND SECOND BY SCHUMACHER NEGATIVE DECLARATION NO. 82-10 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None ON MOTION BY PAONE AND SECOND BY MAHAFFEY ZONE CHANGE NO. 82-4 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. A change of zone from M1-A-0, Restricted Manufacturing District combined with oil production, to LUD-O, Limited Use District com- bined with oil production, is consistent with the current General Plan designation which is Public, Quasi -Public, Institutional. 2. The proposed zone change to LUD-O will be compatible with sur- rounding land uses which include a community park, single family homes, oil storage tanks and vacant land. AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None A MOTION WAS MADE BY PAONE AND SECONDED BY LIVENGOOD DIRECTING STAFF TO COME BACK WITH APPROPRIATE ALTERNATIVES FOR THIS AREA, ADDING THAT ANY FUTURE NOTICES OF PUBLIC HEARING SHALL BE SENT TO PROPERTY OWNERS WITHIN ONE-HALF (.1-2) MILE FROM THE SUBJECT LOCATION. THIS MOTION PASSED BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: None ABSTAIN: None Minutes, H.B. Planning Commission April 6, 1982 Page 4 The Chairman called for a five-minute recess. Commission reconvened at 8:20 P.M. TENTATIVE TRACT NO. 11473/CONDITIONAL USE PERMIT NO. 82-3/NEGATIVE DECLARATION NO. 82-4 Applicant: Lindborg-Dahl Investors, Incorporated A request to permit a subdivision of land into 35 lots for future development of single family residences on each lot, on about 15 acres of property located on the northeast corner of Edwards Street and Schleicher Road, approximately 1,000 feet south of Ellis Avenue. Jim Barnes gave a brief summary and update on this item. He listed several amendments to the conditions of approval suggested in the staff report. He stated that it was still staffs feeling that be- cause this project was being approved ahead of the EIR being pre- pared for Ellis-Goldenwest area, it may inhibit Planning Commission's ability to make an informed decision. The public hearing was opened. David Dahl, the applicant, gave a brief presentation along with some conceptual drawings. Commissioners had some questions regarding access onto three lots. Mr. Dahl stated that there would be a bridge to the three lots in question. Linda Moon, representing 800 horse owners, and Connie Mandic also spoke in favor of approval of the project. The public hearing was closed. Secretary Palin reported on the many changes that were made to the plans as a result of many hours spent with the developer. Various conditions were discussed by the Commissioners. The applicant was in agreement with the changes that were discussed. However, he called attention to Condition #15 of the conditions of approval on the TT, asking (in letter form) that modifications be made as follows: "Grading activities, including grading -of lots and building pads, shall be limited as follows: 1. In areas involving a 1-5% natural slope, grading activity shall involve not more than 2 foot cut and 2 foot depth of fill. 2. Areas in which the natural grade is more than 5%, but less than 8%, the grading activities shall not involve more than 4 foot cut or 4 foot depth of fill. 3. In areas in which the natural grade is in excess of 8%, the cut or fill amounts shall not exceed 8 feet over 65% of each lot. The natural existing grade shall be preserved on the remainder of each lot." Secretary Palin informed the Commission that he met with several de- Minutes, H.B. Planning Commission April 6, 1982 Page 5 partment heads on the issue of grading, and the consensus was that the 2 feet will allow a 4 foot differential. Also, the department heads felt that by allowing more than the 2 foot cut and fill, it would set a precedence in this area. ON MOTION BY PAONE AND SECOND BY PORTER NEGATIVE DECLARATION NO. 82-4 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None A MOTION WAS MADE BY PAONE AND SECONDED BY PORTER TO APPROVE CONDI- TIONAL USE PERMIT NO. 82-3 WITH FINDINGS AND AMENDED CONDITIONS AND WITH THE FOLLOWING ADDED CONDITION THAT "ALL REFERENCE TO REQUIRE- MENTS FOR COMPLIANCE WITH THE PROPOSED ELLIS-GOLDENWEST SPECIFIC PLAN, SHALL BE ENFORCED AND IN EFFECT ONLY IF THE ELLIS-GOLDENWEST SPECIFIC PLAN IS ADOPTED BY THE CITY COUNCIL ON OR BEFORE JULY 31, 1982". THIS MOTION PASSED BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Development of the site at this time is not premature pending completion of the Ellis-Goldenwest Specific Plan since the sub- division is generally in compliance with the draft Specific Plan objectives and standards. 2. The proposed subdivision is compatible with the draft Ellis- Goldenwest Specific Plan to as great a degree as practical. 3. The proposed development is in conformance with the policies and development standards contained within the City's General Plan. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementa- tion of this type of housing. The project complies with the Land Use Element and all other elements of the General Plan. 4. The proposed subdivision of this 15+ gross acre parcel of land zoned R1-0-8,000 is proposed to be constructed having 2.3 units (Q)-R1-(2.7)-0-8,000 per gross acre. 5. The property was previously studied for this intensity of land use at the time the land use designation of Planned Community Estate Residential was placed on the property. 6. The lot size, depth, frontage, street widths and all other design and implementation features of the proposed subdivision are pro- posed 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 ordi- nance. Minutes, H.B. Planning Commission April 6, 1982 Page 6 CONDITIONS OF APPROVAL: 1. An open space corridor shall be established within the site boun- daries pursuant to the objectives of the draft Ellis-Goldenwest Specific Plan. The corridor shall follow the alignment of the existing natural drainage swale which traverses the property in a north -south direction. The precise dimensions and location of the corridor shall be subject to the approval of the Director of Development Services. The corridor shall include a minimum ease- ment dedication of 20 feet for a public equestrian/recreational trail. The equestrian/recreational trail shall be a minimum of 20 feet from any developable area on the site. An additional open space easement on either or both sides of the public eques- trian/recreational trail shall be established as a non -developable area under private ownership exclusive of access bridges serving Lots 32-35. The open space corridor shall be a minimum of 100 feet and shall be delineated on the final tract map subject to review and approval of the Department of Development Services. 2. All fencing within the development shall be subject to development standards contained within the Ellis-Goldenwest Specific Plan. Fencing along the eastern boundary of the site may be constructed of solid masonry materials not to exceed six (6) feet in height to screen development from adjacent oil operations. Fencing shall be installed by the applicant on both sides of the public equestrian/recreational trail prior to conveyance of the first lot within the subdivision. The height, materials and location of said fencing shall be subject to the approval of the Department of Development Services. Retaining walls shall be prohibited except on the lot reserved for common equestrian use to a maximum of 3 feet in height. 3. Access bridges to lots across the open space corridor shall be limited to two locations. The locations and design of said access bridges shall be subject to the review and approval of the De- partment of Development Services and Department of Public Works. 4. An interest -bearing account shall be established in the name of the homeowners association for the purpose of providing sufficient landscaping within oil production areas located on the site after all oil production activity has ceased. The amount of the interest -bearing account shall be subject to the approval of the Director of Development Services prior to recordation of the final tract map. 5. All existing oil operations shall be conducted pursuant to pro- visions of Title 15 of the Huntington Beach Municipal Code. Existing oil islands shall be screened from view. The method of screening shall be subject to the review and approval of the Department of Development Services prior to conveyance of the first lot within the subdivision. Minutes, H.B. Planning Commission April 6, 1982 Page 7 6. All prior oil well abandonments on the property shall be improved in accordance with the City of Huntington Beach and State stan- dards. 7. The swale design material for nuisance water flow as well as areas for flood protection shall be subject to the review and approval of the Department of Public Works. 8. The applicant shall initiate a zone change application to re- move the "0" suffix from all areas on the site that will not remain in oil production prior to recordation of the final tract map. 9. Development on the site shall be in compliance with all develop- ment standards contained within the Ellis-Goldenwest Specific Plan. 10. Full disclosure of the conditions of approval adopted for Con- ditional Use Permit No. 82-3 and Tentative Tract No. 11473 shall be stated in the Department of Real Estate Report submitted to property owners within the development. 11. Natural gas and 220V electrical shall be stubbed in at the loca- tions of clothes dryers at time of development. This requirement may be waived provided that the applicant will install a more energy efficient alternative subject to the review and approval of the Department of Development Services. 12. Natural gas shall be stubbed in at locations of cooking facili- ties, water heaters and central heating units at time of de- velopment. This requirement may be waived provided that the applicant will install a more energy efficient alternative sub- ject to the review and approval of the Department of Development Services. 13. Low volume heads shall be used on all indoor faucets at time of development. 14. All building spoils such as unusable lumber, wire, pipe and other surplus or unusable material shall be disposed of at an offsite facility equipped to handle them at time of development. 15. A fire sprinkler system shall be designed and installed in those structures as deemed necessary by the Huntington Beach Fire Department. 16. Building setbacks within the subdivision shall be as follows: a. Front Yard Setbacks: 30 feet or 25 percent of the lot depth, whichever is greater, but does not need to exceed 40 feet. Minutes, H.B. Planning Commission April 6, 1982 Page 8 b. Side Yard Setbacks: An aggregate of 30 feet with a minimum of 10 feet on a side. c. Rear Yard Setback: 25 feet d. However, if accessory buildings are constructed in the front one-third (1/3) of the lot, they shall conform with the set- back requirements of the main dwelling. 17. All reference to requirements for compliance with the proposed Ellis-Goldenwest Specific Plan, shall be enforced and in effect only if the Ellis-Goldenwest Specific Plan is adopted by the City Council on or before July 31, 1982. AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None A MOTION WAS MADE.BY PAONE AND SECONDED BY MAHAFFEY TO APPROVE TEN- TATIVE TRACT NO. 11473 WITH FINDINGS AND AMENDED CONDITIONS, INCLUD- ING THE APPLICANT'S VERSION OF CONDITION #15 (See Page 4 of these minutes). A SUBSEQUENT MOTION WAS MADE BY PORTER AND SECONDED BY SCHUMACHER TO APPROVE TENTATIVE TRACT NO. 11473 WITH FINDINGS AND AMENDED CONDITIONS, RETAINING THE STAFF'S VERSION OF CONDITION #15 DEALING WITH GRADING ACTIVITY, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, NOES: Paone, Mahaffey ABSENT: None ABSTAIN: None Winchell, Porter, Schumacher THE FOLLOWING VOTE WAS TAKEN ON THE ORIGINAL MOTION RETAINING CON- DITION NO. 15 AS OUTLINED BY STAFF: FINDINGS FOR APPROVAL: 1. Development of the site at this time is not premature pending completion of the Ellis-Goldenwest Specific Plan since the sub- division is generally in compliance with the draft Specific Plan objectives and standards. 2. The proposed subdivision is compatible with the draft Ellis- Goldenwest Specific Plan to as great a degree as practical. 3. The proposed development is in conformance with the policies and development standards contained within the City's General Minutes, H.R. Planning Commission April 6, 1982 Page 9 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. 4. The proposed subdivision of this 15+ gross acre parcel of land zoned R1-0-8,000 is proposed to be constructed having 2.3 units (Q)-R1-(2.7)-O-8,000 per gross acre. 5. The property was previously studied for this intensity of land use at the time the land use designation of Planned Community Estate Residential was placed on the property. 6. The lot size, depth, frontage, street widths and all other design and implementation features of the proposed subdivision are pro- posed 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 ordi- nance. CONDITIONS OF APPROVAL: 1. The tentative tract map received and dated March 31, 1982, shall be the approved layout. 2. Water shall be provided through the City of Huntington Beach water system. 3. All landscaping in the public right-of-way shall conform to adopted standards or be approved by the Department of Public Works. 4. All sewer facilities shall be constructed in accordance with Pub- lic Works Department standards. 5. All sewer mains shall be dedicated to the City of Huntington Beach. 6. The developer shall install and maintain a temporary sewer pump station in accordance with acceptable Public Works Department standards. 7. The developer shall provide, as required, any applicable sewer easements. 8. All storm drain facilities shall be constructed in accordance with acceptable Department of Public Works standards. 9. All storm facilities (i.e. pipes, swales and ditches) shall be privately maintained. Minutes, H.B. Planning Commission April 6, 1982 Page 10 10. All improvements within street right-of-ways, both public and private, shall be constructed in accordance with Public Works Department standards. 11. The developer shall dedicate an additional 20 feet of right-of- way along the east side of Edwards adjacent to the site. 12. All public streets within the development shall be a minimum of 50 feet in width, property line to property line. 13. The developer shall be required to construct street improvements and to post an acceptable security deposit for future street im- provements along the east side of Edwards Street. The amount of the deposit shall be determined by the Department of Public Works. 14. The developer shall install any traffic devices as deemed necessary by the Department of Public Works. 15. Grading activities including grading of lots and building pads shall not involve more than two foot cut and two foot depth of fill, on a maximum of 65 percent of each lot. The natural exis- ting grade shall be preserved on the remainder of each lot. 16. The developer shall grant to all adjacent property owners an access easement across private streets within the development if access to their property would otherwise be obstructed by this subdivision. AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None A final comment was made by Commissioner Porter who asked if some- thing could be done about the existing grades and contours. Staff reminded the Commission that there will be a study session on April 27, 1982, on the Ellis-Goldenwest Specific Plan, and that this question among many others would be discussed at that time. ZONE CHANGE NO. 82-5 Applicant: Sassounian/Warmington Company A request to change the zoning on property located on the east side of Beach Boulevard, approximately 660 feet north of Hamilton, from R2 (Medium Density Residential) and C4 (Highway Commercial) to R4-28 (High Density Residential). The public hearing was opened. Robert Odle, of the Warmington Com- Minutes, H.B. Planning Commission April 6, 1982 Page 11 pany, addressed the Commission in favor of the proposed zone change. He asked for a higher yield of units that what the staff proposed (290 units instead of 274). He stated that the site could easily yield 300+ units and that 290 units would be a fair compromise on the maximum number of units for the entire 9.8 acre parcel. The pub- lic hearing was closed. Brief Commission discussion took place regarding minor clarification of the area map. ON MOTION BY PORTER AND SECOND BY HIGGINS ZONE CHANGE NO. 82-5 WAS APPROVED WITH FINDINGS, AND RECOMMENDED FOR ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed zone change of this 9.8 acre parcel of land from C4, Highway Commercial and R2, Medium Density Residential, to R4-28, High Density Residential allowing 28 units per gross acre, is consistent with the high density residential designation of the City's General Plan. 2. The proposed development of this property at 28 units per gross acre, or a total of 274 units for the entire 9.8 acre site, is compatible with the existing and future land uses of the sur- rounding properties. AYES: Higgins, Livengood, Porter, Mahaffey NOES: Winchell, Schumacher ABSENT: None ABSTAIN: Paone CONDITIONAL USE PERMIT NO. 82-1 Applicant: Wolfgang Habel A request to permit a revision to the approved site plan to allow re- sidential on the second floor of "The Ratskeller" in the Old World Shopping Center located on the north side of Center Avenue, approxi- mately 20 feet south of the San Diego Freeway. Two letters opposing the granting of this request, were introduced by the Chairman. The public hearing was opened. Dave Abadaca ad- dressed the Commission in opposition to this request. The public hearing was closed. ON MOTION BY PORTER AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 82-1 WAS DENIED WITH FINDINGS AS OUTLINED BY STAFF, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: Minutes, H.B. Planning Commission April 6, 1982 Page 12 The Planning Commission may approve a conditional use permit if it finds "the plan will substantially comply with the requirements of this article, the Master Plan of Land Use and the development stan- dards for this particular use (9841.5)". 1. Based on the Subdivision Committee's minutes dated January 23, 1976, and the staff report dated February 6, 1976, the proposed request is in conflict with the original approval within the European Village of Old World. 2. The proposed use would put added demands on an already strained parking layout; violations of the Ordinance and Municipal Code coupled with complaints received by the Land Use Section confirm that the parking area is over -taxed. AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 82-2 Applicant: Irwin & Associates, AIA A request to approve a church master plan on property located on the south side of Hamilton Avenue, approximately 715 feet west of Brook- hurst Street. Staff informed the Commission that learned from the Building Division that Condition #11 dealing with a geologist's report, was not neces- sary and, therefore, could be eliminated from the Conditions of Approval. Also, the wording on Condition #8 was revised slightly. The public hearing was opened. Speaking in favor of granting the request was Mr. John Thompson. Seeing no other persons wished to address the Commission on this item, the public hearing was closed. ON MOTION BY HIGGINS AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 82-2 WAS APPROVED WITH FINDINGS AND AMENDED CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed church master plan substantially complies with all provisions of the Huntington Beach Ordinance Code: parking, landscaping, setbacks and architectural design will not be de- trimental to the health, safety or general welfare of the neigh- borhood, or the community. 2. The subject property is suitable for the proposed church expan- sion and will be compatible with surrounding residential uses Minutes, H.B. Planning Commission April 6, 1982 Page 13 because the church facility is not an intense land use. 3. The proposed church master plan conforms with the City's General Plan designation which is Medium High Density Residential. CONDITIONS OF APPROVAL: 1. The site plan received and dated March 2, 1982, shall be the approved layout. 2. A detailed landscape plan shall be submitted to the Department of Development Services for review and approval. 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 material shall be disposed of at an offsite facility equipped to handle them. 6. If outside lighting is included on the site, low energy consuming lights, such as high pressure sodium vapor lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 7. Any future school programs shall be subject to the approval of a conditional use permit before the Planning Commission. 8. Any future signage for the church facility shall be review for action by the Planning Commission. 9. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, re- taining wall, streets, and utilities. 10. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 11. A plan for silt control for all storm runoff from the property, during construction and during initial operation of the project shall be submitted to the California Regional Water Quality Con- trol Board staff for their review prior to the issuance of grading permits. AYES: Higgins, Livengood, Paone, Winchell, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: Porter Minutes, H.B. Planning Commission April 6, 1982 Page 14 CODE AMENDMENT NO. 82-1 (Continued from 3-16-82) Initiated by City of Huntington Beach An amendment to Article 910 revising the development standards per- taining to windscreens and patios in the R1 (Low Density Residential) District. After a brief summary by Savoy Bellavia, the public hearing was opened. Seeing no one came forward to address the Commission, the public hearing was closed. ON MOTION BY PORTER AND SECOND BY SCHUMACHER CODE AMENDMENT NO. 82-1 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 82-2 (Continued from 3-16-82) Initiated by 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, "Miscel- laneous Provisions". Said amendment reorganizes and rewords sections of 973 for clarity and requires a use permit rather than an adminis- trative review for the following -uses: 1) care of non -related per- sons; 2) temporary parking lots; 3) home occupation swimming instruc- tion, 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. The public hearing was opened. Since no one wished to address the Commission on this issue, the public hearing was closed. Commission discussion resulted in the following changes: "Page 1, Section 9730. Height Limitations. Exceptions. Except as provided for industrial districts, height limitations as specified for each district may be exceeded up to ten (10) feet for the following: height of chimneys, etc. Page 12, Section 9730.54. Temporary Commercial Parking Lots. Re- vocation of Use Permit. Eliminate Subsection (b) to read: The Board of Zoning Adjustments may revoke a use permit for any temporary commercial parking lot when the permit - tee fails to comply substantially with any of the condi- tions of approval or applicable provisions of the city 1 Minutes, H.B. Planning Commission April 6, 1982 Page 15 codes, including failure to maintain the site in a clean, orderly condition, free of all debris and trash." A MOTION WAS MADE BY PORTER AND SECONDED BY WINCHELL TO APPROVE CODE AMENDMENT NO. 82-2 WITH AMENDMENTS AS INDICATED IN THE DISCUSSION, AND RECOMMEND TO THE CITY COUNCIL ADOPTION OF SAME, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher NOES: Mahaffey ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 82-4 Initiated by City of Huntington Beach A proposal to amend Sections 9940 and 9843 of the Huntington Beach Ordinance Code, increasing the time limitations for processing ten- tative tract maps. The public hearing was opened and closed due to the fact that no one wished to speak on this matter. ON MOTION BY PORTER AND SECOND BY LIVENGOOD CODE AMENDMENT NO. 82-4 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None DISCUSSION ITEMS: Secretary Palin gave a brief summary of actions taken by the City Council at their April 5, 1982 meeting. The zone change for the A.C. Marion property was approved, and the Planning Commission's denial of a special sign permit was sustained by the Council. DEVELOPMENT SERVICES ITEMS: Secretary Palin announced that the Department received the new Govern- ment Code and that a meeting will be scheduled some time in the near future to discuss the effects of new legislation. COMMISSION ITEMS: Chairman Winchell attended the tour of the Bolsa Chica Linear Park Site on April 2nd and gave a brief report. Minutes, H.B. Planning Commission April 6, 1982 Page 16 Chairman Winchell requested that either a letter of thanks or a re- solution be drawn up and presented to Wesley Bannister and Beverly Kenefick for their service to the Planning Commission. ADJOURNMENT: There being no further business before the Planning Commission, the meeting was adjourned at 10:32 P.M. to the next regular meeting to be held on April 20, 1982. Grace Winchell, Chairman 1