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HomeMy WebLinkAboutPC Minutes 12-28-70 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION DECEMBER 28, 1970 The regular meeting of the City of Tustin Planning Commission was held on the 28th day of December, 1970, ..~ the hour of 7:30 p.m., of said day in tke Council Chambers, 275 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Commissioner Edelstein. The Invocation was %iven by Commissioner C~rtis. % ROLL CALL: Present: Larnard, Edelstein, Curtis, Mahoney Absent: Sharp Others Present: James G. Rourke, City Attorney R. Kenneth Fleagle, Ass't. City Administrator Community Development Direct: Pat Brown, Ass't. Planning Director Carol L. 'C~lver, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING OF DECEMBER 14~ 1970 Moved by Mr. Mahoney, seconded by Mr. Edelstein~ that the minutes of December 14~ 1970, be approved as submitted. MOTION CARRIED - 4-0 V-70-277 - UNION OIL COMPANY OF CALIFORNIA Authority is requested to erect a 90-foot high, 628-square foot display are'a free-standing sign exceeding the maximum permitted height and display area for a given service station site. Location: Subject property is located at the southwest corner of Redhill Avenue and Nisson Road and is zoned 100-C-1-10,0 Mr. Brown stated that the property has an existing Union Oil station located on it which was annexed to the City in 1969. He also stated that this case was continued from the December 14, 1970, meeting due to inclement weather prohibiting "flagging" tests, and since that time no tests have been accomplished, due to continued poor weather. - I - 12/28/70 PC Minutes-December 28, 1970 ' Mr. Brown further stated that this sign was originally proposed to be 90 feet high and 628 square feet in area. After discussions with the Staff, the applicants did reduce the area to 402 square feet and have submitted revised plans. However, the height still remains at 90 feet, although the applicants have indicated that they would be willing to drop the height to something commensurate with Mr. Up's Shell Oil station sign located across 'the street. Mr. Brown went on to say that there is also on the property an existi~q free-standing sign approximately 35 feet high and 88 square feet in area, which the applicants wish to retain. They have indicated that they will drop that height to approximately 20 feet so that it will provide advertising for motoring traffic on Redhill, but the area will remain approximately the same. Also, the applicants have indi- cated that they will adjust the sign so that it would not revolve. Mr. Brown stated that this property is located 235 feet from the freeway and, therefore, does not qualify under the Use Permit pro- visions of the Ordinance which .do allow excess heights, areas, and numbers of free-standing signs ~hen within'~00 feet -- thus, a Variance had to be filed. Mr. Brown stated that there are presently four service station sites i~ thi6--area -- subject Union Oil station, a Shell Oil station, a Mobilgas ~tation in the County,~ and a combination Shell Oil and Mr. Up's Restaurant. He went on to say that the present sign exceeds the heights and the area of both of these Shell Oil stations. Mr. Brown pointed out that the Development Preview Commission, at their December 2, 1970 meeting, gave preliminary review to this appli- cation and felt that both the height and area requested were not com- mensurate with the existing signing in the area nor appropriate to'the area. Staff concurs with .this analysis, although the reduction in area shown by the revised plans provides a better situation than that origi- nally proposed. -~ Mr. Brown stated that based on the above factors, it would be recom- mended that the Commission deny this request, as presented, by adopting the attached Resolution, with the further recommendation that the applicants submit a new application presenting a height and area more commensurate with existing signing and more appropriate to the i~ediate area. Mn. Edelstein inquired if any flagging had taken place at all. Mr. Brown replied "no" -- time was too short and there was inclement weather for almost two weeks. Mr. Flea~le stated that the Staff takes no exception to the Variance for this site on the conditions that the application 'would read: (1) Not to exceed the height permitted of other uses within the area, and the area not to appreciably deviate from that which has been previously approved by this Co~,~ission, and that the existing ground sign would be permitted no higher than 20 feet without rotation; and, (2) The precise location of the free-standing sign be subject to the Development. Preview Commissions' perusal. Mr. Flea.gle went on to say that this proposed sign is located at the southwestern property line. The Development Preview Commission had some interest and concern in this location, in view of the adjoininq residential uses, but felt that there was no reason to prohibit it, but that it could be located with more freeway orientation. 12/28/70 PC Minutes-December 28, 1970 Chairman Larnard declared the public portion of the hearing open at 7:45. Mr. Neal Irving, 1~820 Studebaker Road, Norwalk, appearing on behalf of UNION OIL COMPANY, clarified one point with the Staff -- that they had modified their application request to a sign of 202 square feet to be consistent with other signs in the area and thmy would be wil~ to go no more than 80 feet in height. Mr. Irving went on to say that there is a need for a freeway identifi- cation sign for this particular service station. He went on to say that generally St.ate Highway freeway signs are at a minimum of one-quarter mile before an off-ramp, and, usually, they include several major highways for the off-ramps, even so far as two miles in advance of the off-ramp. He pointed out that the purpose of that would be to allow traffic to change lanes to prepare for the off-ramp. He further stated that the service stations would have that similar type of need to have their identification so the freeway users can change lanes and get off the freeway safely into the appropriate service station. Each case will have to be considered, individually, due to curves in the freeway, ~levations of the freeway, or landscaping. Mr. Irving went on to say that they did complete a sign or "flag" test for this site in question, prior to making the application. It was the deter- mination of the applicant at that particular time, that 90 feet in height would be the desirable height to have for this location to allow automobiles to change lanes and get off at this intersection. The State of California Division of Highways is in accord with having service stations convenient to off-and-on-ramps, and also concurs with proper identification signs so that the thousands of cars using free- ways each day can safely get off the freeway for gas and service. Mr. Irving pointed out that, in this particular case, automobiles going south would have need for a higher sign to safely get off at Redhill Road due to the fact that there is considerable landscaping at this location. FOr t~affic g~ing north on the freeway, there is clear visibility until a person comes close to Redhill Road where there are some outdoor advertising signs that would obstruct the sign, but generally, there is a safe distance for automobiles going north. Due to the trees and curvature of the freeway, an 80-90-foot high sign would be desirable for traffic heading south. Mr. 'Irving further pointed out that the height of a sign is very critical to any service station company. He stated that, in this location, there are other signs higher and much larger than the mini- mum standards set forth by the Sign Ordinance. After review with the Staff, they have modified their request from over 650 square feet down to 202 square feet in size. Mr. Irving stated that they would reduce the height of the sign from 90 feet to 80 feet, comparable to Mr. Up's and the Shell sign directly across from this location. He felt that this request complies, in that they are within the standards 6f the signs that were approved by Variances, previously, so that would justify them having a substantial property right as they are a similar business to the service station directly across from them. The appli- cant is only asking for the same height and a much smaller sign than was granted previousl~ on other Variance requests. He pointed out that their sign would be consistent with good planning and zoning princiI ~s. Mr. Irving went on to say that this is within the proper commercial zone and it would comply with the City's General Plan. Mr. Edelstein had two questions to ask of Mr. Irving -- First of all, was he aware that his particular piece of property is beyond the 200-foot limit? Mr. Irving, replied.#yes" -- it was beyond the 200-foot limit by at ~e~.~'.ome 30 feet. 12/28/70 - 3 - PC Minu~es-December 28, 1970 Mr. Edelstein pointed out, secondly, that the applicant has been using a double-column support; By lowering the sign down, would they still be using that same support? Mr. Robert B. Franks, Real Estate Representative of Union Oil Company, then replied "yes" -- due to the diameter of the sign, it would be necessary for a double column'. Mr. Edelstein stated that there is a new Union station east of Edinger Avenue near the entrance to the Newport Freeway. He further stated that that particular sign is a free-standing freeway-type sign which is of a single-post nature and of an excellent size. He went on to say that it would be more favorable from the applicant's standpoint if the sign was similar to the one east of Edinger Avenue, due to the single-column and rather small sign. Mr. Franks stated that the station at Edinger and Trotter is under construction, is a .single-Column sign, is.~n excess of 90 feet in height, and is a smaller sign in diameter than the one in question. Mr. Mahoney a~ked Mr. Irving if he was familiar with recommendations of Staff that the existing sign of 35 feet be lowered to 20 feet and that it no longer revolve. Mr. Irving replied "yes" -- they would be in accordance with that recommendation. Chairman Larnard declared the public portion of the hearing closed at 7:55. Mr. Edelstein stated that, in this particular instance, he might be inclined to overlook the height situation if the applicants would be willing to have a single column, and possibly, a smaller-size sign. He went on to say that'the sign on 'Edinger Avenue is so simple and clean that he couldn't see where' it.would be objectionable to the particular area. He did state, however, that this sign on Edinger is beyond the 200-foot limit, and didn't know if the Commission wanted to set a precedent, at this time, granting such a request. Mr. Larnard asked Mr. Fleagle if he knew what the height was of Mr. Up's sign. Mr. Fleagle replied that the total height of Mr. Up's sign, with the Shell Oil sign, is 80 feet. Mr. Curtis stated that he would have to be inclined towards a maximum height of 60 feet, regardless. He further stated that the traffic from the north is going to be a real problem for any of the sites in that area. Mr. Curtis felt that with the flagging and also with the recent work done on the Shell sign, that the Commission came up with what appeared to be an adequate size at that height for visual recog- nition from quite a distance down the freeway. Mr. Irving, through the Chair, stated that the higher the sign is constructed, the more expensive it becomes for the applicants. He further stated that they did flag this site before they submitted their application. Mr. Irving noted~that the flagging is critical since it might be 92 feet or 89 feet and they don't want to ask for any higher than they need to. Due to the landscaping going south, it is not possible, in his opinion, to see the Shell sign, adequately, although Mr. Up's sign can be seen. This Union Oil station will do most of its business from traffic going south. 12/28/70 - 4 - PC Minutes-December 28, 1970 Mr. Mahoney stated that at a recent Planning Commission meeting, on this same parcel but at the extreme southern end, there was an application that c~me before the Commission for increased height and sign area, and wanted to know what was granted on that matter. Mr. Flea~le replied, through the Chair, that the Atlantic-Richfield Oil Company in changing their identification from Richfield to Arco, made application to exceed the size and height limitations of the Code. He further stated that the Planning Commission did deny their request for a Variance. The applicants then aDpealed to the City Council and they, in turn, unanimously .upheld the findings of the Planning Commission: That St would be more injurious to the neighbor- hood than it would be of benefit to that particular proprietor. Mr. Fleagle said that for that reason, the decision of the Planning Commission to limit the height and size to that permitted by the Code was upheld -- 20 feet plus 6 inches for every 30 feet removed from a residential area -- about 21 1/2 feet.in h~ight and a No. 88 sign. Mr. Mahoney inquired as to what the allowed square footage of this sign would be. Mr. Fleagle replied that the maximum, under the Sign Code, is 150 square feet, aggregate. However, the Sign Code for service stations is written for those other than with a freeway identification. Mr. Edelstein stated there is a difference here -- one was a neighbor- hood sign that was strictly on street level, and the other one is a freeway sign. He wanted to know where the limitations should be put on the freeway -- The Code reads 200 feet and the applicant wants° 235 feet. Mr. Curtis brought up ~e fact that the difference between this sign and the Richfield sign is more 1.ike01,000 feet farther from the South freeway. Mr. Brown concurred that it was about 1,100 feet from the freeway right-of-way. Mr. Curtis asked Mr. Franks if the sign that is on Edinger Avenue near the Newport Freeway is 235 square feet - both sides? Mr. Frank~ replied "yes" - 233+ feet' (to be exact, 234 feet) - total area, both sides. Mr. Brown stated that Mr. Franks is talking about a sign slightly over 12 feet in diameter and around 230-235 feet in total area - both sides. Mr. Brown questioned Mr. Irving relative to the proposed revised area of the sign: "The 202 square feet you indicate is for one side, only?" Mr. Irving stated: "~hat is correct". Mr. Brown then stated that', for the clarification of the Planning Commission, the total area for both sides is approximately 403 square feet. Mr. Edelstein asked if this sign could be read at 60 feet. Mr. Larnard stated to Mr. Fleagle that his recommendation based on the work done in the area, through flagging, was that they not exceed the height of those signs in the immediate vicinity and the area, is that correct? Mr. Plea~le =eplied "yes" - it was his =e~ommendation tO be aonl~m%en~ with the other Variances granted by this Commission for the other businesses in the area as to height limitation being 60 feet and the area which could be approximately 300 square feet, maximum. They woul~ - 5 - 12/28/70 PC MinutesrDecember 28, 1970 , have 234 square feet under the 12-inch diameter sign by listing maximum criteria, plus the precise location of that, subject to the Development Preview Commission. Mr. Mahoney stated that he would like to have this matter continued for two weeks, and during this time to have a "flagging" demonstra- tion. Moved by Mr. Edelstein, seconded by Mr..Mahoney, that V-70-277 be. adopted, based upon the following conditions: (1) That the applicant use a single-column support; (2) The sign diameter not exceed 12 1/2 feet; The maximum height be 80 feet based on a flagging determination by th~ Development Preview Commission -- Mr. Edelstein felt that we should not go over 80 feet, maximum,, but if the Development Preview Commission feels that this sign can be adequately seen from either direction at less than 80 feet, then that would be the determined height that would be established. If the Development Preview Commission says 60 feet, then that should be the determined height. He went on to say that he didn't want it as high as 80 feet; however, there might be a problem of seeing the sign at any height below 80 feet. He further stated that this needs serious consideration and that a "flagging" might be appropriate; and, The existing sign be reduced to 20 feet and that it be non-rotating. . The above motion was then voted upon by roll call: AYES: Edelstein, Mahone~ . NOES: Curtis, Larnard MOTION TIED - 2-2 Moved by Mr. Curtis, seconded by Mr. Edelsteinr that Variance 70-277 be approved subject to the provisions that they: (1) Use a single-column moun~ing not to exceed a diameter of 12 1/2 feet; (2) An overall height not to exceed 60 feet (65 feet, maximum); and, (3) Subject to review and approval of the location by the Development Preview Commission with a right to increase the height by not more than five feet subject to flagging withou~ a:review by the Planning Commission, and subject to the other conditions as outlined by the Staff. The above substitute motion was then voted upon by roll call: AYES: Curtis., Larnard NOES.: Edelstein, Mahoney MOTION TIED - 2-2 12/2a/7o - 6 - PC Minutes-December 28, 1970 Moved by Mr. Mahoney, seconded by Mr. Edelstein, that V-70-277 be continued until the Planning Commission Meeting of January 11, 1971, with a fla.qging s.c.heduled for the Planning Commiss'ion to be in attend- ance and take a viewing of such flagging. This was tentat'~v'eJy set for Tuesday,. December 29, 1970, at 2:00 p.m. MOTION CARRIED - 4-0 UP-70-357 - UNITED CALIFORNIA BANK Authority to permit the addition of a drive-up window to an existing bank structure. Location: Site fronts approximately 1,100 feet on the southwest side of Irvine Boulevard, southongt of Newport Avenue, and is further described as the Yu'tin Heights Shopping Center. Mr. Brown stated that the Development Preview Commission, at their December 18, 1970 meeting, gave preliminary review to this action, and it was their feeling that the design and plans, as presented, appeared to be appropriate and recommended approval of this use by the Planning Commission. The Preview Commission also wished to note that throughout the many meetings involving this drive-up window and the parking area immediately adjacent to the east, the applicant has been extremely cooperative with both their body and the Staff. He went on to say that there have been several meetings between the applicant , Staff, and the Development Preview Commission relative to the circulation involved which is rather critical at this center. The problems to the southwest of the bank and gener~ll~ east of the bank have been resolved; however, both the Staff and City Engineer are concerned about the circulation and parking layout to the west. With the addition of automobiles exiting from this window, the situation could, under ~he present design, be quite critical at times or even hazardous. However, it is the recommendation of the Staff, in concurrence with the recommendations of the Development Preview Commission, that this Use Permit be approved subject to adoption of the attached Resolution, conditional upon the following: That the design of the traffic and parking to the west be subject to final review and approval by the Development Preview Commission and the Staff, including the City Engineer, prior to the issuance of any building permit for the walk-up window or drive-up window, itself. Chairman Larnard declared the public portion of the hearing open at 8:45. Mr. Josef Ruzek, President of UNITED CALIFORNIA BANK, residing at 2679 West 230th Place, Torrance, stated that the drive-up window will not bring any additional customers to the shopping center -- it's merely for the. convenience of present clients. He went on to say that as far as th~ entrance at the western portion of the shopping center, the applicant concurs with Staff that something must be done but does feel that it is the responsibility of the shopping center, and not just for the Bank, to be solely responsible, just because there is the addition of the drive-up window. Also, the entire shop- ping center would benefit by this addition. Mr. Rex Link, 3810 Wilshire Boulevard, Los Angeles,.Parking Consul- tant for United ~&li~ornia Ban~ sta~ed that ~here t~ mu~h a long part of the United California Bank parking or the rest of the shopping center. -- 7'-- 12/28/70 PC Minutes=December 28, 1970 Mr. Link went on to say that thoy are willing to do their share, which is to keep their cars going in a regulation pattern, without criss- crossing into the exit at the signal. This could be done by simply changing the stripiWg. Mr. Ruzek stated that they must put in a remote customer unit which is about $15,000 as compared to, possibly, $6,000 or $7,000 for just a regular drive-up window. ' Mr. Fleagle stated that on the initial proposal s~bmitted by Mr. Link, on behalf of United California Bank, if the Commission feels the position of United California Bank is a logical one, their proposal could be accepted with modifications. Mr. Mahoney inquired as to whether concrete bqmpers could be installed where people can't drive through. Mr. Link indicated this would be done. Chairman Larnard declared the p~blic p~rtion of the hearing be closed at 9:05. Mr. Mahoney felt it was not proper for the United California Bank to have to correct the entire shopping center parking and circulation problem; therefore, he recommended re-striping the west side of the main entrance. Moved by Mr. Mahoney, seconded by Mr. Curtis, that Use Permit 70-357 (Resolution No. 1196) be approved subject to the conditions outlined in the Staff Report. Mr. Mahoney further stipulated in making the motion that the Com- mission does not desire, nor is it their intention, that the entire shopping center circulation plan be re-designed to satisfy the require- ments of the Use Permit, but such'improvements as are feasible should be made in stages in accordance with the design plan recommended by the City Engineer. MOTION CARRIED - 4-0 PZ-70-124 - C. J. BONNER and WALTER H. OPP Pre-zoning to the City of Tustin Planned Community (Commercial) District, to be effective upon annexation to the City of Tustin. Location: Northerly side of 17th Street, extending northerly ± 250 feet, bounded by Yorba Street on the west and the Orange County Flood Control District ~ 870 feet easterly. Mr. Flea~le stated that both of the above property owners gave letters of consent to LAFCO, saying that TREE HAVEN ASSOCIATES has initiated an annexation proposa~ to the City of Tustin, and that the applicants wish to be included in' said annexation, thereby making it feasible for the entire area, from the Flood Control District on the north, and from Prospect Street on the south side of 17th Street, to be within the City of Tustin. He went on to say that although, originally, the applicants had asked that the zoning classification on this prope.--~.! be a straight C-1 or C-2, they have consented willingly in the best interests of the City to accept the development controls that the Planning Commission and the Development Preview Commission put on wi~h · ~re~i~e land uses as required under Planned Community (Commercial) 12/28/70 PC Minutes-December 28, 1970 ' Mr. Fleagle further stated that the land is now vacant, and there are no immediate plans for development. Thus, it would be the recommenda- tion of the Staff. that pre-zoning be applied to the property as Planned Community subject to a Use Permit and submission of concrete, precise development plans. Chairman Larnard declared the public pgrtion of the hearing be open at 9:10. Mr. Keith Lyon, 4250 Long Beach Boulevard, Long Beach, California, Vice-President of C. J. BONNER CORPORATION, stated that they are in favor of this pre-zoning on the subject property, and feel it is con- sistent with the zoning in the general area, and, also, is in the best interests of the City with the development control as stated by Staff. Chairman Larnard declared the public portion of the hearing be closed at 9:12. Mr. Mahoney stated that he was in favor of Paragraph 2(b) in the attached Resolution -- the exclusion of service stations and drive-in and take-out establishments, which he felt was certainly appropriate in this area. He went on to say that he thought it was necessary that the Commission plan for the future. Moved by Mr. Mahoney, seconded by Mr. Curtis, that Resolution No. 1197 be recommended approvin~ PZ-70-124~ subject to the conditions as out- lined by Staff. MOTION CARRIED - 4-0 V-70-278 - LE D. NUTTER Authority to permit the temporary use (for a period of up to six months) of three, portable, automobile lifts not located within an enclosed structure, and a portable, 64-square foot sign exceeding the maximum Code permitted area and use time period. Location: Site fronts approximately 193 feet on the northwest side of Newport Avenue, approximately 67 feet on the east side of E1 Camino Real, and approximately 92 feet on the north- east side of the Santa Ana Freeway on-ramp. Mr. Brown stated that the applicants have contacted Staff and indicated that due to some esthetic modifications they are working on with these hoists, they would appreciate a two-weeks' continuance be granted to the January 11, 1971, Planning Commission meeting, and Staff hereby concurs with this request. Moved by Mr. Mahone¥, seconded by Mr. Edelstein that V-70-278 be continued until the Planning Commission Meeting of January 11, 1971 as requested by the applicants and recommended by Staff. MOTION CARRIED - 4-0 AMENDMENT TO ORDINANCE ~362, WHICH AMENDED ZONING ORDINANCE #157 - TEMPORARY USE PERMITS Mr. Brown stated that %he above is for Temporary Use Permits for 30 days or less in duration. He went on to say that %here is a provision in the Ordinance which permits the Community Development Department th~ authority to iSsu~ temporar~ ~le permits Of up to buildings, etc. However, since this section of the Ordinance did not state whether a fee was necessary (the normal fee is $100 for a Use Permit) or whether a public hearing should be held before the Plannin~ - 9 - 12/28/70 PC Mi~te~-December 28, 1970 , Commission, it was recommended that that portion of the Ordinance amended by adding the following paragraph: "Such. action by the Planning Department for Temporary Use Permits of less than thirty days may be granted, by the Community Development Director and shall not require a public hearing or notice. "The fee for an application for such Temporary Use Permit shall be $25.00, payable at the time of 'submission of application." Mr. Brown stated that Staff requested at the last Planning Conunissicn Meeting that this be set for a public hearing on this agenda, and it % thus, has been properly advertised and the Commission may now act on this matter if so desired. Chairman Larnard declared the 9ublic portion of the hearing be opene~ at 9:20. There being no comments from the audience,. Chairman Larnar~ declared the public portion of the hearing be closed at 9:21. Mr. Flea~le stated that he would like to add an additional line to the above Amendment as follows~ "Said fee may be waived~or modified in those instances where a waiver has been granted or modified on a Business License Fee." Moved by Mr. Curtis, seconded by Mr. Edelstein, that Resolution No. 1198 be adopted approvin~ Amendment to Ordinance #362 as recommended by Staff. MOTION CARRIED - 4-0 AMENDMENT TO ZONING ORDINANCE NO. 157 - FIRST STREET SETBACK LINE Mr. Fleagle stated that the above amendment has been duly advertised for a public hearing at this time and place. He went on to say that to change a bulding setback line from 15 feet from the ultimate right-of-way to 10 feet from the ultimate right-of-way would be the recommendation of the Staff, and that the Commission recommend to the City Council Amendment to Ordinance No. 157 - the Zoning Ordinance As prepared by the City Attorney to establish a 10-foot building front setback line for properties located on the north and south sides of First Street between the western City boundary and the eastern properh~- line abutting Prospect Avenue. Mr. Flea~e stated that this is a citizens' project to try and accg. uire the dedication of right-of-way, and that, in this instance, this could serve as an impetus for the dedication of right-of-way without unnecessary hardship or burden upon the property owner, and would conform in street design to Irvine Boulevard, so that it could be done without injury to th~ City' and also to the property owner. Chairman Larnard declared the public portion of the hearing open at 9:25. There being no comments from the audience, Chairman Larnard declared the public portion of. the hearing closed at 9:26. Mr. Curtis stated that this item had been previously reviewed in a workshop session. Moved by Mr. Curtis, seconded ~y Mr. Edelstein, that First Street Setback Line Amendment be reco~nended to the City Council~ as out- lined by the Staff. MOTION CARRIED - 4-0 ~2/28/70 PC Minutes-December 28, 1970 OLD BUSINESS - NONE NEW BUSINESS PC MEMBER APPOINTMENT TO THE BEAUTIFICATION AWARDS COMMITTEE Mr. Mahoney was unanimously elected to the abov~ Committee. OTHER BUSINESS PENDING APPLICATIONS Mr. Brown stated that the first pending application would be a pro- posed amendment to the City Code involving variances from the ,Master Tree Plan, wherein instead of the Parks and Recreation Commission having this authority, the Development Preview Commission would have said authority. He went on to say that this has been discussed with the Planning'Commission and will be set up as a Resolution proposal for the next meeting and duly advertised. Also, the two cases which were continued at this meeting, tonight -- the "flagging" case and the temporary hoist case. PLANNING COMMISSION CONCERNS Mr. Larnard presented to the other members of the Planning Co~=,~ssion a letter he received from the Mayor. This letter was addressed to the President of North Vietnam regarding restoring our Prisoners'of War to their families. Moved by Mr. Mahone¥, seconded by Mr. Curtis, that the Plannin? Com- mission send a letter si~ned by' each of the Commissioners, and also, to send as many individual letters as each would so choose. MOTION CARRIED - 4-0 The above letter was signed by each of the Planning Commissioners, with the exception of Commissioner Sharp, who was absent. AUDIENCE PARTICIPATION - NONE There being no further business to come before the Commission, it was moved by Mr. Mahoney that the meeting be adjourned at 9:30 p.m. P~LA'NNING COMMISSION' RECORDING SECRETARY 12/28/70 - 11 -