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Use Permit 72-64 - Huntington Harbour Corporation - Construc
0A Affidavit of j&bfication State of Callf0mla f l County of Orange ss I� City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a t 1 citizen of the United States. over the age of twenty-one years. q That he is the printer and publisher of the Huntington beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said V' County cf Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been ' established, printed and published In the State of California, and County of Orange, for at least one year next before the publicatio.i of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particulpr class, profession, trade, ealling, race or denomination, or '"'';r'""' any number thereof. Published Huntington Beach Newi llpr., The Huntington Beach New was ndjudicated a legal newspaper HI)TiCCOF_PUBLIC HERR of genernl circulation by Judge G. K. Scovel in the Superior Court APPEAL , of Orange County, California August 27th, 1937 by order No. A-5931. TO APPROVAL OF 11 7�-i� Tract.40" ArpEA1 Ti] A� a ,� to �- NOTICC Is HEFEBY GIVEN "t at pub- That the _,..1 r .-epee VAL Or U_ 7,,,_64_ hearing will- be held by thb 1•1ty Council of the City of Huntington Beith,I in ' the Council Chemuer' of the 04c i T1-L4LT 8039 (Center, Huntington Beach,.pi the hoer ps of which the annexed Is a printed copy, was published in said news- ,of I:uo P.M„ ar as i.00n th c1ey of i poss,..le, as Monday tho#, 16th t4.,dny of April, 1973, for the purpose at considvt- ing an appeal to the aaprm-ul by the paper at least n ne 1 9 e tl e_ •city Planning commission of UP'72.6# heard In conjunction with,Tentative tract t ao39. said use Permit proposes.to allow commencing from the r tL_ day of the construction of a planned residential development on 12.7 acres of land, cart*- sisting of 175 units and related ameniti f r and.facilities in the R2 Medium Nnsity 19 7_2_,, and ending on theme day of Al'� Residential District,R3 Medium High Deft» sty Residentlal. Distrait and Cat Hignwak Commarcia• district. Sald property is lo- 19-23, both days Inclusive, and as often during said period rind �cated 300 it. north of Warner Avenue times of publication as said paper was regularly Issuod, and in the and 300 It. northeast to Pacific Coast regular and entire issue of said ews t per Highway. p p. j proper, and not in a At: interested persons 'Ara`invited to supplem•.nt, and srJd notice was published therein on the follui%ing attend sold hearing cod ezprcsa•their dates, to-wit: op=nions for ar against said.appeal_ 'Further'Information may..ire obtained: Ant K 1q� from the Office fn the City-L'ierk. .� DATEDt 4W737. C,TY nF HUNTINCTON.VMH By-. Ernmstins Di r:abio Acting City'Cksk. PuGlIsher Subscribed and sworn to before me this _ - 6A. clay of BY G1'tY CUUNCtt. �►PPROV ED AnrlI 1923 � ..�--119 --�fsrrM.2ac- f,J �c?tj<. _ _ Notary Public �� •...-. Orange County, California _...�..—�r CtrtY CI.�kK • THOMAS D. WYLLIE . r Orange County !py, t Mif Commirrion Earaf4 j±•" Sopfambar 12. 1974f- CITY CIF Huminaon BEACH .� Q.O. BOX 190, CALIFORNIA 92648 Ire: PLANNING DEPT. (714) 536-527'{11,A TO: Honorable Mayor and City Council FROM: K. A. Reynolds , Planning Director �1�'f `' r'r'• 1' •t r ls DATE: May 2 , 1973 ATTENTION. David D. Rowlands , City Administrator , SUBJECT: TRACT 8039 AGENDA ITEM K2 C As directed by Mayor Matney at your study session on April 300 1973, the fallowing comments are hereby sub- mitted oi, how we at the staff level administer the PD Ordinance and Subdivision Ordinance as they apply to planned residential developments and particularly to vehicular access and parking. • Over the past ten years we have made a sharp distinction between public and private streets within PD' s . This has been done for the following reasons : 1. Historically, we first adopted our standards .for PD' s in .i964. Those standards were amended four times be- fore they were put into ordinance form in 1969 . The 1969 ordinance included a drawing tha.. delineated private street and parking standards that had been policy since 1964 . This drawing was subsequently replaced with legal language prepared. by the City Attorney 's office . In January of 1973 the PD ordinance was once again amended after lengthy study sessions and public hearings by both the Planning Commission and City Council. . 2 . Some projects are designed with both private and public streets . 3. Administratively we have never allowed on-street park- ing on public streets to satisfy mir.imum parking re- quirements . 4 . We have always allowed on-street parking on private streets to satisfy minimum parking requirements . 5 . On the final map, private streets appear as part of the common area and, generally , are not delineated as a street and may appear as a lettered lot (Lot A) . Honorable Mayor and City Covnci.l -May 2 , 1973 Page 2 6 . On, the improvement plans , public utilities generally., within the private street right -of-way, and the city has easements over the private property to maintain the utilities . 7 . Lnrorcement of the vehicle code on privato streets is done by the Police Department only after they receive a formal request to do so by the homeowners ' association. K. A. Reynolds Planning Director KAR:bwo H U TTI GTCJN HAR SOUR T�i ' April 30, Ili .LJI The Honorable City Council City of Huntington Beech P. 0. Box 19U LIT; C� Huntington Beach, California 92648 Attn: :)avid Rowlands, City Administrator Followi,;g, is an outline of material presented to the City of Huntington Beach Council , April 16, 1973, regarding tentative Tract 8039. A. BeginnEig with the Planned Residential Development Zoning Ordinance: 1 . The intent and purpos_ states, "in order to promote better living environments, this article shall establish guidelines for planned residential developments". This Jan now being considered does provide a better ^nvironment for people by conforming to the PRD criteria as we wi l 1 demonvtrate: a. The plan provides permanent recreation for residents, which includes two recreation buildings, two swimming pools, three tennis courts, and 55 boat slips. Leisure ar.d landscaped open space are equivalent to not just the size of one football fielj, but the equivalent of four and one-half football fields, b. The unified comprehensive plan has been conceived as a plan for people to enjoy the large exp^nses of water or landscaped open space. C. The tract being less than 40 acres, a ir=x of housing types is not required. As the PRO criteria states, a diversification, of unit types is required and hence is provided. There are five plan choices available in a variety of building lengths and arrangements which create unique combinations of building facades and vistas for residents and visitors. 4.:41 WARNER AVENUE, HUNTINGTON REACH. CALIFORNIA 92649 City of.' Huntington Beach April 30, 1973 Page 2 A* The pedestrian and the car are always at odds. Separation of car and pedestrian r'raffic' has been provided in a convenient arrangement between units, parking and other facilities. Pedestrians walk within the open green space away from the hazards of the automobile. Trash and cars. are equal to, or closer than, 200 feet from each unit as required for convenience, e. The allowable deagiry of 15 units per acre has been met ay have the other statistical requirements in the PRD criteria, Br:-fly recapping those, they are as follows : ( 1) The units exceed the liveable space requirement in excess of an average of 100 sq. ft. (2) The required recreational open space is exceeded by an excess; of one acre of space. (3) The buildings, by ordinance, may cover 45% of the site. This plan only covers 33% of the site, allowing f-,r a difference: of 12% more open aria. (4) The 175 units require one covered and one uncovered parking spac:c. This requirement is met. The private drive,- conform to the PRO Ordindnce and to the accepted Planning Department interpretation for the required parking. (5) In addition, 55 boat slips are provided for the residents. (6) Shark Fin Lane, as stated in the City of Huntington Beach EIR, ultimately is expected to handle approximately 200 car- in the :,-_;-ning peak hour. This traffic represents the amount leaving Tracts 8039 and 80110 combined. 200 cars in one hour are the same as approximately 3 cars passing a point in one minute, or to express it another way, as one car every 1S seconds. This amount of traffic would be considered by Traffic Engineers as local or residential in nature. It is estimated that a street such as Shark Fin Lane should be able to handle from 300 to 500 cars per hour. To further explain, compare the traffic on Pacific Coast Highway, The present mornirin, peak hour traffic on Pacific Coast Highway is approximately '4000 cars or 500 cars per lane. 500 cars in one ho+ir is approximately 8 cars per lane passing a point in one minute. P.C.H. with 4 City -of-.Huntington* Beach .;{ April 30, 1973 a, Page 3 (6)'con t i hued lanes .means 32 cars are passing a point in one minute or one. Car every two seconds as 'compared 'to one car every 18 seconds on Shark Fin Lane. The private drive on the more populated side of ' Shark Fi.n Lane, is indicated by the E. I .R. as having 68 cars icy the morning peak hour which -is approximately I car every 60 seconds. This is a very low traffic volume. (7) Emergency fire access has been provided directly from the adjacent City of Huntington Beach property where, in the future, a fire station is to be constructed. An exclu3ive pathway has been provided at one location for emergency vehicles with, gates that are to conform to the Fire Department specifications. Addi Lion;.l ly, these same units �.re afforded waterfront fire protection from fir.: boats. Very truly yours, HUNTINGTON HARBOUR CORPORATION Don L. Byriie4;, Jr. ` Vice President DLB: Ih ����!li+yt1 T "' i 7 MiNiMUM STANDARDS FOR PRIVATE DRIVES PARALLEL PARKING 40' (DRIVEWAY) 4 PARALLEL AND 90° PARKING 33' (MIVEWAY) -12 i GCVERED CARPORTS 90° PARKING I I I 1 12' 9' COVERED CARPORTS • 28' (DRIVEWAY) /7 m 17 1 � � I I I I�j NOTE: WI EN STREETS OR DRIVEWAYS ARE AOJACENT TO THE DEVELOPMENT PROPERTY LINE , AN ADL71TldPlAL TWO (2) FT. SHALL BE PROVIVED BETWEEN THE CURB AND SUCH PROPERTY LINE AT LOCATIONS *ERF- PARALLEL PARKING HAS BEEN PROPOSED TO AFFORD eEDESTRIAN CIR CULATcON. ,� J r WHALING AND HANSEN ATYORNCYS AT LAW THOMAS M. WHALING - � •• SANK OF AMCRICA tOWEN RALP?t L.HANSCN }k SUITC 403 THC CITY ONC CITY SCULL .ARD ',NEST ORANGE, CALIFORNIA 92669 rsLe�►+eNs vl�ti •as-sett 6 April 1973 TO : CITY COUNCIL AND CITY ATTORNEY: FROM: THOMAS M. WHALING DATE: April 5 , 1973 Amended SUB�ErT : Comment and request for review of EIR' s and ,Con4itioms�of• approval on Tentative Tracts , 8039) ar{d 8040 A review of the EIR' s and the conditions of approval on the above tracts discloses that there is no finding by the Environmental Review Board, The Planning Commission or the City Council that these developments (which are part of an overall development) are in accord with the conservation element of the General Plan (PublAc Resources Code 21151 and Friends of Mammoth)--I have assumed the City has one since it has been mandated by the Government Code 65302 etc . I bring this to your attention because I feel that there is a -mandate that there be strict compliance with those sections of the law dealing with. our "quality of life, " While I realize there is a dispute concernir:; whether an EIR is an informational_ document or whether the footnote in the Mammoth case and a complete reading of Public Resources Code 21000 and 21001 requires the local governing body to insure that the EIR 's warning about danger to the Quality of Life are heeded. I want to put this Council on notice that : 1. The EIR 's are inadequate under the law as I 've previously explained (Please listen to the tape of the Planning Commission Meeting on March 6 , 1973) . . . .cont 'd . 1 WHALING AND HANSEN AyTofmcys AT LAW •" YNOMAS M. WHALING rAKK OF AMERICA TOWER RALPH 1.. HANSCN SUIT[ 403 .'HC CITY ONE CITY NOULCVARD WEST ORANGE, CALIFORNIA 92661 TCLCPPIONC (714) 63S-7422 * " TO : CITY COUNCIL AND CITY ATTORNEY 5 April 1973 Amended page two 2 . The ELR ' s and the Environmental Review Board 's commentary on 8039 and 8040 ;viz . , commenL9 1, 2, and 3 mandate that the governing body •► insure; (a) That allowing this development will not cause irreversible ecological damage, (b) That there has been a consideration of the alternatives end, �'. (c) That the final approval of whatever is is approved is in consonance with the conser- vation element of the general plan. I have written letters to the Planning Department, October 24, 1972, !"c;;nmber 30, 1972, January 12 , 1973 and February 2, 1973 . While the City personnel have been very helpful over the prone and at meetiugs and while the latter two letters are included in the EIR' s , I do not feel that all matters raised by me in these letters or at these meetings have been adequately explored . Therefore, I ask .you to please provide me in writing a response to my inquiries before the April lb, 1973 Council Meeting at which time I understand there will be a discussion re : approval of the tentative tracts . Respectfully yours , TH(3MAS M. WHALING TMW/vjb oe CONDITIONS 'ELF ApPt�YAL - WATxYB TRACT..NO '8039 r;.. ..• USB . PBRMIT .N+ - ; 72-64 - :Appiic*fit : Huntington HarbMir Corp. F 1. The Tentative map received September 18 , 1972 and precise plan .;'. , received February 21 ' 1973 shall be the approved layout . 2 . A . decorative Masonry six foot wall shall be. constructe' d along .he westerly property line of, Tentative Tract No. 8039 and all locations between existing and proposed structures . At locations ad ' acent to open space within both complexes there shall 4e open type decorative six 'foot fencing for visual appearance . Design and materials of all walls and/or fencing shall be ipproved by the Department of Public Works and Planning Department . 3 . The CC&R' s and Association rules shall contain a clause prohibiting the storage of boats or trailers . 4 . The CCFR' s shall contain a provision limiting the total number of votes allocated to rental units to 49 percent of the total number of votes of the association . rlt.� S . The details of the termination of Shark-9� into the project Tentative Tract 0 I to the east , ent tiveNo . SU4 shall be subject to approval by the Planning Department and Department of Public Works . 6 . If a harbor maintenance district is formed Prior to the sale of all the units within the project , the unsold units shall annex to the maintenance district . I 7. Provisions shall be made to minimize accelerated weathering of the building exteriors and shall be approved by the Planning Department. 8. A lighting system shall be installed on all private streets with illumination at least equal to lighting on public Streets . A lighting plan shall be submitted to the Depart- metet of Public Works for approval . 9 . The emergency access driveway around the tennis court shall be constructed of a stamped concrete . Color , material and driveway section to be approved by the Department of Public Works and Planning Department . 10 . All orders of the Regional Water Quality Control Board shall be complied with . 11 . No dredging , bulkhead or waterfront construction shall take place prior to review and approval by the Corps of Engineers and all required Corps permits have been obtained . 12 . The developer is required to install sanitary sewer facilities for each slip within 'Tract No . 8039 . A sewer lateral shall be installed to the bulkhead line at the location of each dock ramp , CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 8039 USE PERMIT NO. 72-64 Page 2 13. The developer shall be required to bear fifty (501) percent of the cost not to exceed a maximum of $20 ,000 of a traffic signal at the intersection of Sharkskin Lane and Pacific Coast Highway. The traffic signal shall be approved by the DepIrtment of Public Works . The signal is to be installed as soon ds possible upon recordation of the final tract map . A bond shall be posted by the developer in the amount of the developer ' s share of the cost . 14 . Disposal of. building spoil-unusable lumber , tarpaper , wire , pip. and other excess or unusable waste shall be disposed of at off-site faciliti-�.-, equipped to handle them. 15. Full insulation of all exterior walls and ceilings of the dwelling units ,hall be required to help minimize the burden of heating aiid cooling systems . 16 . Floatible debris originating in Tract 8039 shall be prevented fr,im entering the harbor by the installation of baffled story: water ca,:chment basins . 17. Property owners of the development shall be afforded the opportunity of obtaining membership in the Huntington Harbour Beach Club. 18 . No building shall be constructed closer than ten feet to the bulkhead line. 19 . In no case shall construction be permitted within 300 ft . of the nesting site of the California Least Tern during the 1973 nest- ing season , or such further distance from the nesting site as may be determined by the Planning Commission of the City f Huntington Beach . 20 . No permits for construction of the project shall be issued prior to approval of the California Coastal Zone Conservation, Commission, South Coast Regional Commission . 21 . All conditions of the standard conditions of approval of all tentative tract maps dated May 23 , 1972 that are applicable shall be complied with . March 22 , 1973 'sCPAor Planner Publish 4/5/73 Pink Cardstoc 250 NOTICE OF PUBLIC HEARING APPEAL T_fl p RQYAjj ,Q"P 72-64 - Tract 8039 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council cif the City of Huntington Peach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 2 ;00 P.M. , or as soon thereafter as possible, on the Lbth day of April. 1973 , for the purpose of by the City Planningg Commission considering an appeal to the approval/of UP 72-64 Heard in conJunction with Tentative Tract, 8039 . Said Use Permit proposes to allow the construction of a planned residential development on 12. 7 acres or". land, consisting of 175 units and related amenities and .facilities in the R2 Medium Density Residential. Dist:ri ct , R3 bledium High Density Residential District and C4 Highway Commercial District. Said property is located 300 ft . north of Warner Avenue ind 300 ft . northeast of Pacific Coast Highway. All interested persons nre invited to attend said hearing and express their opinions for or against said Further information may be obtained from the Office of the City Clerk. t DATED: 4/3/73 CITY OF- HUNTING"TON REACH �"if BY: 1xvix*vwft Ernes t ina Ili Faoio eting City Clerk P-CEIVEU 1 March 28 , 1973 I would like to appeal the Planning Commission' s decision to approve Use Permit 72-64 which was heard in conjunction with Tentative Tract 8039 . Said Use Permit proposes to allow tI:e construction of a planned residential development on 12 . 7 acres of land,. consisting of 175 units and ralated amenities and facilities in the R2 Medium Density Residential District , R3 Medium High Density Residential District and C4 Highway Commercial District. 6ny H. Duke Councilman Huntington Beach Planning Commission P.O. Box 190 CALIFORN IA 92648 To.:. . Honorable Mayor and City Council FROM: Planning Commission DATE: April 91 1973 RE: USE PERMIT NO. 72- 64 - APPEAL TENTATIVE TRACT NO. 8039 Applicant: Huntington Harbour Corporation Use Permit No . 72-64 and Tentative Tract No . 8039 ;sere denied by the Planning Commission on March 6 , 1973 , . because the applicant would not agree to a continuance so the City Attorney could prepare a final list of conditions for approval . Subsequently the applicant requested Planning Commission reconsideration. Proposed conditions of approval were prepared by the staff and City Attorney ' s office and were submitted to the Commission with the request for reconsideration. On March 20 , 1973 , reconsideration was given and the Use Pe mit and Tentative Tract were approved by the following vote, subject to the attached conditions . AYES : Bazil , Wallin , Boyle , Higgins NOES: Kerins ABSENT: Geiger, Porter A great deal of time was spent by the Commission on Tentative Tract No. 8039 and Use Permit No . 72-64 . For Council ' s information , minutes of the March 6 and Nlarch 20 meetings are attached. (The March 20 minutes have not yet been accepted by the Commission . ) Respectfully s bmitted, K. A. Reynold Secretary KAR: Uwo encs . r` .1N Excerpt from P.1anni.!b'4 Commission Minutes - Mart 20 1973 . P Page 2 ON !MOTION BY HIGGINS SECOND BY BAZIL, TLNTATIVE TRACT O. 8039 ACID USE PERMIT NO. 72- 64 IVERE APPROVED SUBJECT TO *rm' FOLLOWING AMENDED CONDITIONS , BY THL" FOLLOWING ROLL (:AI,J. VOTE : (See Conditions Attached) AYES: Bazil. , Wallin , Boyle , Higgins NOES : Kernins ABSENT : Geiger, Porter sow i M , .t•Ilry 1 Yrl •i1 . ,r ten" ► xw�u M" '� Soap ilk{ :.iS IT ,YO6 fit= 4 l Mt:': tiUtoa Hayrb�uyr Corp. 1.' TSi� ` 'ixtt�l iYe may reciived "5ep:tember 18", 1972 and precise plan f reteiw©d':Februa,ry 210 1973 shall be the approved layout. 2 , A 'decorativo m<:sanry six foot wall shall be constructed along the .westo'r1r. Fir, line of Tentative Tract No. ..8039 and all ` locatiaAs °between .sxisti•ng and prdposed structures . At ; : locatia6i-.dj atefi to open "space within both complexes there sh�i11.. be, .apen type AacotAtive six foot . fencing for viaux� appearance. .. Design and: materials of all walls and/or fencing shall be approved by the gepartment of- Public Works and Planning Depiartment . 3. The CCO' s and Association rules shall contain a clause prohibiting the storage of boats or trailers . to, The CCO's shall contain a provision limiting the total number of votes allocated to rental units to 49 percent of the total number of votes of the association . 5 . The details of the termination of Sharkskin into the project to the past, Tentative Tract No . 8040 , shall be subject to approval by the Planning Department and Department of Public Works . 6 . If a harbor maintenance district is formed prior to the sale of all the units within the `roect , the unsold units project , shall, anne;: to the maintenance district . - 7 . Provi-sions. shall be made to minimize accelerated weathering of the • bui.lding exteriors and shall be approved by the Planning Department / 8 . A lighting system shall be installed on all private streets with illumination at least equal to lighting on public streets . A lighting plan shall be submitted to the Depart- ment of Public Works for approval . 9, The emergency access driveway around the tennis court shall be constructed of a stamped concrete . Color , material and driveway section to be approved by the Department of. Public Works and Planning Department . 10 . All orders of the Regional Water Quality Control Board shall be compliod with . L No dredging , bulkhead or- waterfront cons,tructibn shall take place prior to review and approval by the Corps, of Engineers and all required 'orps permits hove been obtained . 12 . The developer is required to .i.ns t al l :snni tary sewer facilities . for each slip within Tract . No, . 8039 . A' sewer - lateraI shall be installed to , the bulkhead .li.ne a the Iocati (in of Aach lock ran. EXCERPT FROM PLANNING C01MISSION MINUTES - March 20 , 1973 Note : These minutes have not yet boon a-cepted by the Planning Commission. TENTATIVE TRACT NO. 8039 in conjunction with USE PERMIT NO. 72-64 Applicant : Huntington Harbour Corp . Tentative 'Tract No . 8039 is a request for 2 lots , 175 units on 11 . 626 acres of land . Use Permit No . 72 .64 is to allm the construction of a planned residential. development consisting of 175 units and related amenities and facilities in the U Medium Densi '-v Residential District and R3 Medium High Density Residential District. Subject property is located 300 Ft north of Warne.- Avenue and 300 ft . northeast of Pacific Coast Highway . The , Acting Secretary stated that the applicant his requested reconsideration of the denial. of subject use permit and tentative tract . ON IMOTION BY 13A2I1. SECOND BY HIGGI NS , USI: Pl:;it' i,r NO . 72 -lira AND 'IENTATIVE TRACT NO . 8039 I`E-RE RECOINSII)3.iRED BY THE, FOLLOWING I;_ �L CALL VOTE : i MES : Bazi.l , Kerins , Wallin , Boyle , Pig;gins NOES : None ABSENT: Geiger , Porter Mr . Al Kati fc t•, representing Huntington Hai-hour ! orp . was present and discusscd proposed cond.i t:iom; ofF approval ; ulat ing; to the requirement to share the cost of a traffic signs '. and conditions relating to the Least Tern . Mrs . `dargaret Carlberg , Environmental Louncil , addressed the Commission concerning; the distamce from thc" nesting site to the construction area , sugyges ,: ing; tliat 300 feet may iiot be sufficient distance to avoid disturbing; the birds . Mr. Charles crollinv. , California State University - Lone, Beach , addressed the Commission concerning; the Least Tern . Mr. Ron Hind , California State Fish tin([ Game , ticl�ll es �etl chc Commission concerning the Least. 'fern . Mr. John O' Conner , Deputy City Attorney , discussed the I a%,. as- it relates to disturbance of the birds . Dr. Stuart 11atters , C'al .ifornia Statc University - Lun1; Beach , addressed the Commission concerning the Least Tern . Mr. Don !vrnes , Huntington Harbour Corp . , addressed the Commission and discussed the time fr.a,rc of I-lie proposed construction . j CONDITIONS OF A `PROyAL TENTATIVI. TRACT NO. 8039 ,USE PERMIT NO. 72-64 Pa ' e 2 Rri. 13. The developer shall be required to bear fifty (50%) percent of '. the cost not to exceed a maximum of $20 ,000 of a traffic signal at the intersection of -Sharkskin Lane and Pacific Coast Highway. The traffic signal shall be approved by the Departmeut of Public Works. The signal is to be installed as soon as possible upon recordation of the final tract map . A bond shall be posted by the developer in the amount of the developer ' s share of the t cost . 14 . Disposal of building spoil - unusable lumber , tarpaper , wire , pipe and other excess or unusable waste shall be disposed of at ofi-site facilities equipped to handle them. 15 . Full insulation of all exterior walls and ceilings of the dwelling units shall be required to help minimize the burden of heating and cooling systems . 16 . Floatible debris originating in 'tract 8039 shall be prevented from entering the harbor by the installation of baffled storm water catchment basins . 17 . Property owners of the development shall be afforded the opportwli'y of obtaining members%ip in the Huntington Harbour Beach Clu':; . 18. No building shall be constructed closer than ten fe - t to the bulkhead 1 inc, . 19 . In no case shall construction be permitted within 3,90 ft . of the nesting site of the California Least Tern during the 1973 nest - ing season , or such further distance from the nesting site as may be determined by the Planning Commission of the City of Huntington Leach . 20. No permits for construction of the project shall be issued prior to approval of the California Coastal Zone Conservation Commission, Sout'a Coast Regional Commission . 21 . All conditions u1 the standard conditions of approval of all tentative tract reaps dated May 23 , 1972 that are applicable shall be complied with . March 22 , 1973 �Ames l i n i ` Senior Planner . X - Minutes: H.B. Planning Commission Tuesday, March 6 , 1973 Page 2 ZONE CASE NO. 73-4, Initiated b the Planning-Commission Withdrawn TENTATIVE TRACT NO. 7743 in conjunction with USE PERMIT NO. 72-829 J.M.C. CONSTRUCTION CO. Continued to March 20, 1973 at the request of the applicant. t6DITIONAL EXCEPTION NO. 72-18 in conjunction with DIVISION OF LAND NO. 72-42 , Kennet ,, K. Rogers . Approve withdrawal at the request of the applicant. .TENT TRACT NO. 8139, Robert Stellrecht Continued to March 20, 1973 at the request of the applicant. REGULAR AGENDA ITEMS j TENTATIVE TRACT NO. 8039 (Continued from 2/21/73) In conjunction with USE PERMIT NO. 7244 (Continued from 2/21/73) Applicants Huntington Harbour Corp. r ..ri+.rrrrr.. Tentative Tract No. 8039 is a request for 2 14ots , 175 units, on approximately 11 . 626 acres of land Located 300 f t. north of Warner ' Avenue,* 30b feet northeast of Pacific Coast Highway. The Use ► Permit request is to allow the construction of a planned residential development on 12. 7 acres of land, consisting of 17.E y alto and volated amenities and facil,itiee in -the R2 Madium Density Rertdential District, R3 Medium High Ewsidentia.l. Distriict. The propsrty is master planned Medium Density. r The Acting Secretary, Jim PaUn, stated that a meeting had c been held with the property owners as a result of the Subdivision Committee' s recommendation to pursue a secondary 3/6/73 Minutes : A. planning Commission Tuesday , March 6 , 1973 Page 3 access to the project . The meeting was held March 5 , 1973. Mr. Cake of the commercial shopping center sins present ,and Mr. Lee Norris of Exxon Co , Mr. Norris later , by telephone , stated that Exxon would be willing to grant a 28 ft. easement over the service station. A report has been submitted by the City Engineer relative to access to Tract 8039. The Environmental Review Board report has been provided Commis- sioners as well as corrE.spondence from the Environmental Council and the Sunset Beach Chamber of Commerce. The Chairman opened the public hearing on Use Permit No . 72-64 . Commissioner Geiger arrived and assumed his duties . Mr. Don Byrnes , Vice President , Huntington Harbour Corp. addressed the Commission speaking in favor of the proposed development . He stated the applicant agrees with the staff recommendations but requested rewording of the condition relating to water quality condition; and the Corps of F.rgineers . Mr. A. W. Knox, Huntington. Harbour Property Owners Asso- ciation addressed the Commission, stating that the AssociaLlon .favored most of the proposed project but was concerned about the width of streets within. the development, the lack of on--street parking and the encroachment of balconies and second story bedrooms into the setbacks . It was his recommendation that the minimum setback from any side yard or water be ten feet , that more on-site parting be provided and that all street widths be the same as requir.2d for public streets . Carl Duncan, Fire Department , stated that the Fire Depart- ment has reviewed the plan and the street widths as speci- fied are adequate `rom the standpoint of accommodating emergency equipment . He stated that emergency access can be taken from the waterways if necessary. Insofar as secondary access across the service station property is concerned, he stated that the department does not like to use secondary access ways and that the Judgmnt that the street widths as specified are adequate is not based on any reliance on a secondary means of access to the property. Mr. Thomas Whaling, a property owner in the area, addressed the Commission relative to what he believec are deficiencies In the environment:1 impact report on the project. He feels that the Environmental Review Board has amborgated its 3, 3I6173 Knutes. . H .B. Planning Commission Tuesday, ,March 6, 197 F age 4 responsibility by contracting with a consultant for the pireparation' 'of the report. He feels the report is deficient "with .regard to water quality in the harbor and traffic . . handling capabilities of Pacific Coast Highway with regard tc, ca acity and bridging across any cut from the harbor to the ocean. Mrs . Margaret Carlber,g , Environmental Council , addressed the Commission statingthat the factor of liquefaction* within q the harbor should be made known to prospective buyers and pointed out that bicycle trails through the development have not been provided *n_a� is public access to the water proposed. Mr. Al Katifer, attorney for Huntington Harbour Corp. , addressed the Commission concerning proposed conditions of ' approval . He requested Condition 10 be reworded to require that all.. orders of the Regional hater Quality Control Board be complied with and to require compliance with all rules and regulations of the Army Corps of Engineers and to )Stai,:� all necessary Corps permits . Mr. Kqufer further . suggested that Recommendation No . 4 of the Environmental Review1hoard be changed to contain the same language as the agreement between the City and Huntington Harbour Corp. op Final T-act No. 8005 . This condition is relative to the . installation of a sanitary sewer system for each boat slip. Mr. Kaufer objected to the proposed requirement to have the corporation bear a pro-rata share of the cost of the installati'an of a traffic signal at th, intersection of Sharkskin Lane and Pacific Coast Highway. Air. Kaufer suited that an application will be filed with the California Coastal Zone Conservation commission, South Coast Regional Commission and that the applicant will comply with all j` requirements of that body . City Engineer Bill Harcge stated that State traffic warrants . Must be met prior to the State issuing a permit to the city for the installation of a traffic signal at Sharkskin Lane and Pacific Coast Highway. Mr. Ha::tge stated that a reduction in the time required for processing a request for signalization by the State will be reduced by approx- imately a year and' one-half if funding is not a factor. Mr. Hartge stated that individual sanitary sewers should be required for each beat slip. if this doesn' t work , the de- veloper should come back to the Commission and ask for relief . Mr. hartge stated that in his opinion, because Tract 8005 i3 so far ahead of this develolwnent, ' that the developer will have plenty of time to determine its feasihill.ty . : 4. . 3f6/73 Minutes : H .B. Planning Commission Tuesday, Mal, 6 , 1973th Page 5 Mr. Don Byrnes , Huntington Harbour Corp. requested the Commission Lo vote on Tentative Tract No . 8039 on the basis of concurrence by the applicant with the recorunondations of the staff , with the Environmental Review Board recommendation in principle , except for Condition No . 9 relating to payment for the signal installation. He felt it was not fair for the developer to have to pay for the signal and that it sets a precedent . Acting Secretary Jim Palin stated that the subject of the Least Tern , a bird on the list of endangered species , both federal and state , was relative to Tract No . 8040 as well as Tract No . 8039 , the next item on the agenda. The subject was discussed at length by the Environmental Review Board. Mrs . Margaret Carl.berg addressed the Commission concerning the Least Tern. She stated that the VTN environmental. impact statement recommended a delay in construction until after the nesting season or the creation of a barrier between the construction and nesting area of a distance sufficient to preclude disturbing the nesting girds . Mrs . Barbara Massey, a biologist~ who did her thesis on the Least Tern, addressed the Commission concerning the habits and habitats of the birds . The Chairman closed the public hearing . A vugraph was shown indicating the .location of the nesting areas of the Least Tern in relation to the proposed develop- ments . A second vugraph was shown indicatin6 alternate locations for nesting sites proposed to be constructed . The Acting Secretary stated that initially it was proposed that alternate nesting site No . I would be constructed and available to the Least Tern on its fly- by which is estimated to be about April 1 . It is possible that the terns may arrive sooner and as there is not sufficient time now to accomplish cons "--ruction of the new site since the materials used must agp . The Board recot=ends that the existing site remain undisturbed and no construction take place on the site (Tract 8040) until such time as it was definitely determined through a monitoring of the site that no nesting was taking place . It is estimated that this would not be knor►*tx until about June 1 , 197J. The existing nesting site would remain undisturbed during this nesting season if Lhere are in fact , birds nesting. r 5 . 3/6/73 Minutes: H.B. Planning omuissi.ori t'ueaday, March' 6, . 1973 i : Mr: . Ernest Russell , Bureau of Sport Fisheries and tlildlif:e , t ..'addressed the Cowissi'on- acid stAted that: his agency would like "to be involved in the monitoring 'of the site and thought that, the . State Department of Fish and Game would like to be ' involved 'and that perhaps Mrs . Massey could be involved ` from the local level . I.• ;The following conditions of ,approval of Tentative Trc,ct No. :8U39 and Use Permit No. 72-64 were proposed by the Commission: 1 . The Tentative map and precise plan received February . 21 , 1973 shall be the approved layout. ' 2 . A decorative masonry six foot wall shall be constructed along the westerly property line of Tentative Tract No. 8039 and all locations between existing and proposed structures . At locations adjacent to open space within both complexes there shall be open type decorative six foot fencing for visual appearance . Design and materials of all walls and/or fencing shall be approved by the 'Department of Public Works and Planning Department . A. The CC&Rls and Association rules shell conL'ai.n a clause prohibiting the storage of boats cr trailers . . 4. The CC&Rls shall contain a provision limiting the total number of votes al.locat:Qd to rental units to 49 percent of t:he total number of *antes of the ,association. 5 , The details of the termination of Sharkskin into the project to the east, Tentative Tract No. 8040, shall be. subject to approval by the Planning Department and Department of Public Works. 5, If a harbor maintenance district: is fanned prior to the sale. -of all the units within the project , the unsold units shall annex to the maintenance district . -7 . Provisions shall be made to minimize accelerated - weaLhering of the building exteriors and shai1 be approved by the Planning Department , 8. A. lighting system shall be installed on all private st:T.eers with illumination at, least equal to lighting on public streets . A ii�hting plan :hall tsca suL�tn3 t:ted to. the hepar-tment of Public .Works' for,, aP' pra%►a1 .>• .� b. . 3/6/7.3 Minutes : H. Planning Commission Tuesday , Mar ti , 197"'I Page 7 9 . The emergency access: drivewa3 around the tennis court shall be constructed of a stamped concrete. Color, material and driveway section tc be approved by the Department of Public Works and Planning Department . { 10. All orders of the Region91 Water Quality Control Board shall be complied with . IL . No dredging, bulkhead or waterfront construction shall i take peace prior to review and approval by the Corps of Engineers and all required Corps permits have been obtained. 12 . The developer is required to install sanitary sewer facilities for each slip within Tract No . 8039. A sewer lateral shall be installed to the bulkhead line Lt the location of each dock ramp. 13. The developers of Tracts 8039 and 8040 shall be re- quired to bear the cost of a traffic signal at the intersection of Sharkskin Lane and Pacific Coast Highway. The cost of such signal to be shared at a ratio based on the number of dwelling units within each tract. The signal is to be installed as soon as possible upon recordation of the final tract maps . A bond shall be posted by the developer in the amount of the developer ' s pro--rats share of the cost . 14 . Disposal of building spoil-unusable lumber, tarpaper,r ► wire , pipe and other excess or unusable waste shall be disposed of at off-site facilities equipped to handle them. 15 . Full insulation of all exterior walls and ceilings of the dwelling units shall be required to hell) minimize the burden of )ieating and cooling systems . 16 . Floatible detris originating in Tract 8039 shall be prevented from entering the harbor.- by the installation of baffled stozm water catchment basins . 17. Property owners of the development shall be afforded tho opportunity of obtaining membership in the Huntington Harbour Beach Club. 16 . No building shall be, constructed closer than ten feet to the bulkhead line . 7 .. 3/6/73 • Minutes: H. B. Planni.n Commission - Tuesday, March 6 , 1973 Page 8 19. The proposed nesting site #1 for the Least Tern on the Naval Weapons Station should be, constructed immediately per proposal for Relocation of Seasonal Nesting Sites of the California Least Tern as prepared by E. I .R. I . dated January 1973. In the event the nesting material cannot be relocated • prior to April 1 , 1973, the existing nesting area must remain undisturbed until August 15 , 1973 with removal of material from a' location on site at least 300 ft . away from the nesting area. In no case shall the nesting site be destroyed during the 1973 nesting season. ' The nesting area shall be fenced to prevent distur- bance from humans and do.nastic animals provided the Least Tern returns to this nesting area during the 1973 season. The City will. pursue with the Bureau of Spo Fisheries and Wildlife , the State Department of Fish and Game and Mrs. Barbara Massey monitoring of the site after April 1 to determine whether, the birds are nesting. In no case shall construction be permitted within 300 ft. of the nesting site during the 1973 resting season. 20. No permits for construction of the project shall be issued prior to approval of the California Coastal Zane Conservatior. Commission, South Coast Regional Commission. 21 . All conditions of the standard conditions of approval of all tentative tract maps dated May 23, 1972 that are applicable shall he complied with. Because of the complexity of the proposed condi.tuns , a motion was made by Porter, second by Wallin, to continue Tentative Tract No. 8039 and Use Permit No . 72-64 to March 20, 1973 to allow the proposed conditi.on.; to be drawn up and reviewed by the City Attorney prior to final approval by the Comrni.ssion. Chairman Porter asked Mr. Don Byrnes , Huntington Harbour Corp. ;f he would concur %ith the con- tinuance , Mr. Byrnes stated that he did not concur with the continuance . The aiatio'n *was.. theft withdrawn. ON MOTION BY PORTER SECOND BY WALLIN, TENTATIVE TRACT NO. 8039 WAS DENIED FOR THE I'OLLOWING REASONS BY '."HE FOLLOWING ROL). CALL VOTE: Or "2 lk i 7 1 Minutes : H Planning Commission Tuesday, Mat 6 , 1973 Page 9 1 . THE DESIGN OF THE SUBDIVISION IS LIKELY TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE AND SUBSTANTIALLY AND AVOIDABLY INJURE FISH Oil WILDLIFE OR THEIR HABITAT (BUSINESS & PROFESSIONS CODE SECTION 11549 . 5) ; SPECIFICALLY THE LEAST TERN. 2 . THE PROPOSED SUBDIVISION IS NOT CONSISTENT WITH APPLICABLE AND GENERAL SPECIFIC PLANS. 3 . THE APPLICANT IS NOT AGREEABLE TO CONTINUE THE MATTER UNTIL MARCH 20, 1973 TO ALLOW CONDITIONS OF APPROVAL TO BE DEVELOPED AND REVIEWED BY THE CITY ATTORNEY ' S OFFICE. AYES: Geiger , Bazil , Kerins , Porter , Wallin , Boyle , Higgins NOES : None ABSENT: None ON MOTION BY BOYLE SECOND BY KERINS , USE PERMIT NO. 72-64 WAS DENIED FOR THE REASON THAT TENTATIVE TRACT NO. 8039 WAS DENIED , BY THF -.OLLOWING ROIL CALL VOTE : AYES: Geiger , Bazil , Kerins , Porter. , Wallin , Boyle , Higgins NOES: None ABSENT: None Discussion on Tentative Tract No . 8039 and Use Permit No. 72-64 concluded aL 10: 15 P.M. TFNTATIVE TRACT NO. 8040 (Continued from 2/21 /73) Applicant : La Solana Corp. Tentative Tract No . 804U is a request for 129 lots on 46. 12 acres of land located 300 ft . rortrheast of Pacific Coast; Highway and approximately 700 ft . north of Warner Avenue . The property is raster planned Low Density. The Acting Secretary stated the information on the pre- ceeding item concerning the nesting sites of the Least ' Tern was pertinent to this proposed development: . Mr. Robert~ Jones , Jones & Hom, planners and architects on the project , addressed the Commission speaking in favor of the project . 9 . 3/2 2/7 3 C Huntington Beach Planning Commission P.O. box 190 CALIFORNIA 92646 TO: Honorable Mayor and City Council FROM: Planning Commission DATE : March 14 , 1973 RE : APPEAL TO PLANNING COMMISSION' S DENIAL TENTATIVE TRACT NO. 8039 and USE PERMIT NO. 72-64 Applicant : Huntington Harbour Corp . Tentative Tract No . 8039 is a request for ? lots , 175 units on approximately 11 . 626 acres of land located 300 ft . north of Warner Avenue and 300 faet northeast of Pacific Coast Highway , The Use Permit request is to allow construction of a planned residential development on 12 . 7 acres of land , consisting of 175 units and related amenities and facilities in the R2 Medium Density Residential District and R3 Medium High Density Residential District . The property is master planned medium density . A public hearing was held by the Planning Commission on March 6 , 1973 on Use Permit No . 72-64 in conjunction with Tentative Tract No . 8039. Recommendations of the Environmental Review Board , Environmental Council and planning staff were submitted for Commission consid6ration . During the public hearing the Least Tern 's nestling site was discussed at great length , because of its proximity to the proposed development . Upon conclusion of the public hearing , numerous conditions of approval were discussed by the Commission . A motion was made by Chairman Porter to continue Use Permit No . 72-64 and Tentative Tract No . 8039 to March 20 , 1973 during which time the conditions of approval would be drawn u and reviewed b the City Attornef 's office . T p Y y he Chairman y inquired of the applicant if ht, would agree to a continuance . ` Mr. Don Byrnes , Huntington Harbour Corp . , stated that he did not agree with the continuance . Chairman Porter then with- drew the motion for continuance and moved to deny Tentative Tract No . 8039 for the following reasons - 1 . Design of the subdivision is likely tc, cause substantial environmental damage and substantially aad avoidably injure fish or wildlife or their habitat (Business & Professions Code Section No . l.?54:. . S ; (specifically the Least Tern) . w Hoitorabl.e Mayor and City Council March 14, 1973 Page 2 2 . The proposed subdivision is not consistent with applicable general and specific plans . 3 . The applicant was not agreeable to continuing the matter until March 20 , 1973 so the City Attorney ' s office could review the conditions of approval prior to approval by the Planning Commission . The motion carried by the following vote : AYES : Geiger , Bazil , Kez•in: , Porter , Wallin , Boyle , Higgins NOES : None ABSENT: None Commissiener Boyle then moved to deny Use Permit No . 72- 64 for the reasot: that the Tentative Tract had. been denied . The motion carried by the following vote : AYES : Geiger , Bazil , Kerins , Po:-ter , Wallin , Boyle , Higgins NOES : None ABSENT : None More than three hours of discussion tool: place on the tentative tract and use permit . Sever, people presented .arguments for and against the project . Huntington Harbour Corp . has submitted a letter to the Planning Commission requesting reconsideration of the action taken on March 6 . The Commission received copies of the request at the study session held March 13 . The request for reconsideration will be placed on the Commission agenda of March 20 . Chairman Porter has requested the staff to prepare the conditions of approval discussed at the March 6 meeting , have them reviewed by the City Attorney, and avai1ahle at the March 0 meeting . Respectfully submitted , 1 K. A. Reynolds Secretary KAR:bwo c% RI «Q* 30' RI R3 � r •> R3 / _ R1 19 o C4 38 ,p ti C4 4•, { [� FUTURE HARBORS ffi AND BEACHES .y.- r /c, AND FIRE FACILITY---- �AC I L I TY - WARNER ° SCALE IN ►fET TENTATIVE TRACT 8030 USE PERMIT 72-64 17 . 7 ACRES ' m,►3twt;trr+tt��� Wi'tTIKCTON BEACH PLANNING D( T. OFFICE OF THE: CITY ATTORNEY OPINION NO . 73-37 26 ,April 1973 SUBJECT: Parking Requirements for Planned unit Development REQUESTED .BY : Mayor and City Council. PREPARED BY : Don P . Bonfa, City Attorney Jol-n J . O'Connor, Deputy City Attorney QUESTION: May on-street parking spaces be counted toward satisfaction of minimum parking requirements for a planned unit development" ANSWER: No . DISCUSSION : I At the Council meeting of April 169 the City Attorney was requested to prepare a legal opinion on whether or not on-street parking spaces may be used to satisfy the minimum parking requirements of a planned unit development . Parking requirements for planned unit developments of eight or more units per acre are set forth in Section 9310 . 22 , Huntington Beach Ordinance Code . This section provides in relevant part : "Off-street parking for projects having a density greater than eight ( 8 ) units per acre shall bT provided at the following ratios : " ( a) Each bacnelor , single, or one--bedroom dwelling unit shall be provided with one and one-half ( l 1/2) off-- street parking :spaces . One space shall be covered and half of one space may be left open . " (b ) Each dwelling unit with Sao (2) or more bed - rooms shall be provided with two ( 2 ) off-street parking spaces , One space shall be covered and one space may be left open. " ( c ) In addition to the parking requirements ccntained In subsections (a) and (b) of this section, each dwelling unit; shall be provided with one half of a guest parking space . Guest parking spaces shall be distributed through- out the planned residential dovel.opment. Such guest park- . j f Ph Office of the City Attorney 26 April 1973 Opinion No. 73--37 Page 2 ing areas shall be conveniently located for guest and resident parking. r " (d) On-street parking shall not be used to satis- fy any of the above open parking requirements . " Section 9310 . 22 expressly sets forth the parking requirements for a planned unit development , and clearly states that on-street parking shall not bt used to satisfy open space parking require- ments . Since the Council request for this opinion originated from the appeal of Tentative Tract 8039 , it would seem appropriate to com- ment: on the parking allocation of that development . Determination of whether or not; tho off-street parking requirements of that de- velopment have been complied with would depend on whether the Planning Commission_ (or the City Council through this appeal) determines that the location of certain parking spaces are located on a "private street" or whether they are located within a "park- ing area. " Examination of the documents submitted by the appli- cant for the planned unit development in Tract 8039 indicates that all the data required by Section 9310 .3 of the Huntington Beach Ordinance Code has not been furnished. In addition to the subdivision map required by Section 9310 . 2. additional informa- tion is required for a planned unit development under Section 9310 - 3 . This section provides : "The following additional informa-ion shall be submitted with the application for a planned residential development : " (a) P. site plan showing landscaping, lighting, maintenance and storage facilities , pedestrian ways, patio areas , recreation and open space areas , traffic circulation, narking and living units . " (b) A plan showing building elevations , materials , graphics and color. " ( c ) A preliminary circulation plan providing for separation of pedestrian and vehicular traffic . The ve- hicular circulation element shall be designed to minimize dividing recreation area:. and open space . The pedestrian circulation element shall provide for pedestrian access to all units and to all recreation areas . Also, access to living units from parking areas and abutting streets shall to through pleasantly-landscaped areas and not through alley--like approaches . A detailed plan shall be Office of the City Attorney 26 April. :.973 Opinion No. 73-37 Page 3 subject for approval by the Planning Department prior to issuance of a building permit or recordation of a .final tract: map . The purpose of such plan is to help reduce conflicts which may arise between vehicular and pede5tri.an traff'. "( d) A statement setting forth the following in- formation shall be submitted : "Gross lot, area; net lot area (minus public right of way and private utreets and drives) ; total number of units ; units per gross acre; unit types (number of bedrooms and dens ) ; floor area for each type of unit ; number of each type of unit; area and minimum dimen- sion of private patios and/or balconies ; maximum site coverage ; number and type of covered parkin; spaces; number of open parking spares ; amount of usable open space providers; amount of recreation area provided ; type of recreation facilitates space provided; projected monthly fee to be charged to homeowners association ; and schedule and sequence of development if the project is to be completed i ,i increments . " The information required by Section 9310 . 3 must be submitted with the ap2lication for the planned unit development . Much of the' data required by Section 9310 .3 has been omitted, including "the net lot area. (minus public right of way and private streets and drives ) . " Further , the documents Submitted by the applicant for this planned uni.t development: do not designate the area where the parking is pro;:osed, and it cannot- be determined whether this pertior, has been designated as a street . It is interesting to note that the subdivision committee in its report on October 17 , 1972, hay referred to this area as a driveway under Nos . 5 and 6 of such report . The Planning staff report of March F , 1973 under recommendation Flo . 8 makes reference to a, lighting, system required on all private streets within the development . The identical wording appears in condition No . 8 of the approval by the Planning Cowmiission on March 22, 19733 however, there is no reference to what area is referred to as a private street . The forecoi.ng demonstrates that there is some confusiDn as to whether the area where the parking spaces are located is in fact treated as a parking area with driveway access upon which any parking spaces may be counted toward satisfaction of the minimum parking requirements, for planned unit development ; or whether it has been deemed a private street upon which parking spaces may � Office of the City Attorney 26 April 1973 Opinion No . 73-37 Page !t not be counted. Without some clarification data it may be difficult: for Council to determine whether the proposed open parking spaces are on a private street or whether they are lo- cated within a parking area. The Planning Commission (and Council on appeal ) has the authority to regulate planned unit developments and subdivisions including determination of street locations . If Council determines the location of the open parking spaces is a parking area with drivewiy access , it may direct that it be so designated; and the open spaces parking requirements have been met . If Council determines this area should be delineated as a private street , all parking spaces or. Fuch area as may be designated as a street may not be counted toward the required parking requirements of the planned unit development . We have been informed by the Planning Department that it has allowed open spaces such as depicted by the applicant in Tract 8039 to be counted toward :satisfaction of parkin, requirements in several other planned unit developments . Previous administrative interpretation by the Planning Department should be given con- sideration . Quoting from 45 Cal Jur 2d 674 : "The contemporaneous construction given to a P g � statute by th officials charged with its administra- tion , or by tine legal profession , is not necessarily controlling, but it is entitled to great weight , es- pecially where it is long continued , is acquiesced in by persons having an interest; in the matter, is re- lied on by the public , and has been relied on in the acquisition of property rights . But the final respon- sibility for the law ' s interpretation rests with the courts . At most , administrative practice is but a weight in the scale, to be considered but not inevi- tably followed . While Interpretative regulations , especially those of long standing, are entitled to con-- silerahle weight in determining the meaning of a statute , since ultimate responsibility rests on the courts they will strike down an administrative rule that attempts to add to or subtract from the statute . And an errcr_eous administrative curestruction does not govern the courts . " In addition to the controversy over open spaces , we have been ad- vised there is a deficiency of three: covered parking spaces in Ir Office of the City . Attorney 26 April 1973. 'r 'Opinion No . 73--37 Page 5 the.; proposed .development for Tract 8039 . However, the Planning Department advises that this was an oversight by the developer and this deficiency is being eliminated through modification of the proposed plan. •. CONCLUSION On-street parking spaces may not be counted toward satisfaction of the minimum parking requirements of a planned unit development . % rice the documents furnished by applicant do not depict the area In controversy as a street, Council may make a determination whether this area should be designated a parkin; area or a street , or may request the applicant to furnish information re - quired by the code prior to its decision . Respectfully Bubmitted , DON P . BONFA City A�torney and 14 J . mot? ' CC o R t4eut City Attorney n Y Y y DPB:JJOC : alib 1