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HomeMy WebLinkAbout1983-09-07APPROVED ON11/1/83 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, SEPTEMBER 7, 1983 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir CONSENT CALENDAR: ON MOTION BY SCHUMACHER AND SECOND BY ERSKINE, THE CONSENT CALENDAR, CONSISTING OF MINUTES OF THE REGULAR MEETING OF JULY 19, 1983, AND GENERAL PLAN CONFORMANCE NO. 83-8 WAS APPROVED BY THE FOLLOWING VOTE: ITEM A-1: AYES: Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: Higgins, Winchell, Livengood ITEM A-2: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 83-18/TENTATIVE PARCEL MAP NO. 83-563/ CONDITIONAL EXCEPTION NO. 83-26/NEGATIVE DECLARATION NO. 83-21 Applicant: M. Westland Company, Lee Miller A request to create an 11-lot industrial -subdivision to enable development of a mixed use industrial/commercial/office project with an exception for compact parking spaces, on 16.9 acres of property located at the northwest corner of Gothard Street and Heil Avenue. This was continued from the 8-16-83 meeting. Jim Barnes gave a staff presentation with slides and brief summary and additional suggested conditions of approval. The Chairman reopened the public hearing. Inez Neuenfeldt cited her reasons for opposing the applicant's request. She stated that due to the history of flooding in the area with an already overloaded pump station in the flood control channel that the project would further impact that situation. She also stated the possibility of noise from industrial tenants (delivery trucks) and possible chemical pollution. She passed pictures taken of previous flooding (October, 1982) to the Planning Commissioners. Further, she voiced disagreement with Items 2.8 and 3.1 in the negative declaration and requested that a full EIR be made on the project. Cal Falle was opposed to the project. He stated that the Planning Commissioners "should protect us". He said he did not want to live in a place that is polluted. Edward Garakian showed the Commissioners pictures he had taken during the flood of May, 1975. He made a slide presentation which included pictures of the backed up flood control channel. William Miller, the applicant, stated that the drainage problem originates in the residential project and not from the vacant lot where he wishes to build. He disagreed with the suggestion to complete a full EIR, he felt the negative declaration addresses the project adequately. He did agree to install truck doors in a perpendicular position. He said he objects to the 15 foot setback, that it was unreasonable and will create problems for him. Fortes Geolghtsos stated his opposition citing the problem in the channel with overflow. He suggested raising the channel sides. Chairman Porter asked Les Evans from the Public Works Department if he analyzed the conclusions on the flow requirements He said that he did and he agreed with the findings. However, he further stated that the question of the channel was unrelated to the subdivision requested by the applicant. Chairman Porter suggested that this matter should go before the City Council. Joe Hrovat was opposed to the project, he cited the March, 1983 storm. Melvin Weisbart was opposed to the project and asked what control the City would have on the industrial that goes in. Richard Blindt was opposed and stated that the pump station did not work and that because the field was adjacent it "saved our houses". Jack Cope was opposed to the project. He stated "Your 100 year flood means nothing". Willis Miller, father of the applicant, stated his position in favor of the application. The Chairman closed the public hearing. Commissioner Livengood said that he sees it as two issues, one was the project itself and one is an -2- 9-7-83 - P.C. inadequate pump station. Les Evans stated that according to a 1979 study, the channel is adequate. Commissioners asked for the design flow criteria. Mr. Evans stated it was designed to handle a 25 year storm. He said that during the last storm (March, 1983) 2.7 inches of rain fell in four hours and the channel did not top over its banks. Discussion continued on the project itself. Commissioner Schumacher felt that if you eliminate the truck doors you could mitigate noise from that activity. She further stated that a noise study could not be performed until tenants were actually in the building. Commissioner Livengood suggested requesting the City Council to instruct the City Administrator to study the problem of the channel regarding sufficient capacity and that review and suggestion be made on the master plan. Commissioner Schumacher asked if the City Council was presently investigating this problem. Mr. Evans stated it was a new problem to him. He said he did not see the need to go through the City Council, that he would investigate the matter and report back to the Planning Commission. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL THE PLANNING COMMISSION DIRECTED PUBLIC WORKS STAFF TO REPORT BACK TO THEM ON THE FLOODING SITUATION, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS NEGATIVE DECLARATION NO. 83-21 WAS APPROVED AND FOUND ADEQUATE BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS TENTATIVE PARCEL MAP NO. 83-563 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The size, depth, frontage and other design and improvement features of the subdivision are in conformance with City standards as well as the State Map Act and supplemental City subdivision ordinance. 2. The property was previously studied for this intensity of land use at the time of the land use designation on the property. -3- 9-7-83 - P.C. CONDITIONS OF APPROVAL: 1. The tentative parcel map received by the City of Huntington Beach on July 21, 1983, shall be the approved layout with the amendment of lot lines to show building pads only as reflected in the staff's overlay dated September 7, 1983. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Any required right-of-way and improvements on Heil Avenue and Gothard Street shall be dedicated and/or improved to applicable City and State standards; cross sections of said arterials shall be drawn on the parcel map. 4. Access to the site shall be limited to three driveways onto Gothard Street and one driveway onto Heil Avenue; future access for buildings in Lot 11 shall be off of the internal circulation system. 5. A pavement evaluation of Gothard Street and Heil Avenue shall be conducted to determine if reconstruction or capping of existing streets is necessary. 6. Commercial -industrial type radius drives shall be constructed. 7. All existing wells shall be abandoned per City standards. 8. A separate onsite utility plan shall be submitted on 25" X 36" City linen. 9. Hydrology, hydraulic, sewer and water calculations shall be submitted for proposed and future development; proposed drainage shall be shown on parcel map. 10. Erosion control plan shall be submitted for proposed and future development. 11. Acreage of site and number of lots shall be indicated on parcel map. 12. Water supply shall be through the City of Huntington Beach water system at the time said parcel is developed. 13. Sewage disposal shall be through the City of Huntington Beach sewage system at the time said parcel is developed. 14. All utilities shall be installed underground at the time said parcel is developed. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None -4- 9-7-83 - P.C. ABSENT: None ABSTAIN: None Commissioner Higgins suggested a six foot masonry wall at the rear property line. At this point in the meeting the audience began shouting out opinions from their seats. The Chairman, therefore, called for a recess and a sargeant-at-arms. The meeting resumed at 8:50 P.M. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE THE FOLLOWING CONDITION OF APPROVAL ON THE C.U.P. WAS APPROVED BY THE FOLLOWING STRAW VOTE: to 5. A minimum 6 foot landscaped setback area shall be provided along the western property line of Lot 11. This buffer area shall contain trees and other vegetation of sufficient size and species to provide maximum screening and buffering from visual intrusion of the industrial use upon the adjacent residential use. Said landscape buffer shall be in accordance with the adopted landscape standards on file in the Department of Development Services. Structures abutting this landscaped buffer shall have no doors and windows on the west walls facing the residential neighborhood. For buildings built parallel to the westerly property line, a six (6) foot high masonry wall shall jog to the property line between the buildings." AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 83-18 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed use is compatible with the existing and surrounding land uses in the general area, insofar as properties to the north, east and south are zoned and master planned for industrial use. 2. The proposed project complies with the provisions set forth in Article 953, M1 Industrial Standards. 3. The proposed project is consistent with the land use element and the provisions set forth in the City's General Plan because it is an industrial development in a site that is located within the Gothard Industrial Corridor. CONDITIONS OF APPROVAL: 1. The site plan dated August 5, 1983, and the elevations dated June 17, 1983, shall be the approved site plans and elevations. -5- 9-7-83 - P.C. 2. Commercial/office uses allowed in the project shall be governed by the list of uses contained in Resolution No. 1313 and shall be located only in those buildings and suites so indicated on the approved site plan. Any change in the list of uses shall be subject to the approval of the Planning Commission. 3. All building spoils, such as unused lumber, wire, pipe and other surplus or unusable materials, shall be disposed of at an offsite facility equipped to handle them. 4. Energy efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lots to prevent spillage onto adjacent areas and for energy conservation. 5. A minimum 6 foot landscaped setback area shall be provided along the western property line of Lot 11. This buffer area shall contain trees and other vegetation of sufficient size and species to provide maximum screening and buffering from visual intrusion of the industrial use upon the adjacent residential use. Said landscape buffer shall be in accordance with the adopted landscape standards on file in the Department of Development Services. Structures abutting this landscaped buffer shall have no doors and windows on the west walls facing the residential neighborhood. For buildings built parallel to the westerly property line, a six (6) foot high masonry wall shall jog to the property line between the buildings. 6. The development shall comply with all requirements of the Huntington Beach Fire Department. 7. The second story lofts on the commercial suites shall be used for storage/industrial only rather than as additional retail space. 8. A soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. 9. The design and materials of all perimeter walls shall be subject to the approval of the Department of Development Services prior to the issuance of building permits. 10. A detailed landscape and sprinkler plan shall be subject to the approval of the Department of Development Services prior to the issuance of building permits. 11. The sewer, drainage and street improvements shall be in accordance with Public Works standards. -6- 9-7-83 - P.C. 71 LI 12. Information on equipment or facilities which may generate air polluntants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate of Occupancy for any use within the building. 13. The applicant shall submit a noise assessment study by an acoustical engineer identifying noise associated with future industrial activity and mitigation measures to reduce any adverse impacts; mitigation measures shall be incorporated into the project design to bring noise to within the levels specified in the City's noise ordinance. 14. Within 50 feet of the westerly property line, building height shall not exceed 29 feet. Building height in the remainder of the project shall conform with the Ml development standard for height. 15. A detailed sign plan shall be submitted to the Department of Development Services for review and approval prior to issuance of building permits. 16. Truck doors shall not be located within 25 feet of the westerly property line. 17. Odors from gases or other odorous matters shall not be in such quantities as to be offensive beyond the lot line of the use. 18. Toxic gases or matter shall not be emitted which,can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excissive soiling beyond the lot lines of the use. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Chairman Porter stated that the conditional exception was no longer necessary because of the adoption of the compact car parking ordinance by the City Council. ON MOTION BY ERSKINE AND SECOND BY WINCHELL CONDITIONAL EXCEPTION NO. 83-26 WAS TABLED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY LIVENGOOD RESOLUTION NO. 1313 WAS ADOPTED BY THE FOLLOWING VOTE: -7- 9-7-83 - P.C. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ZONE CHANGE NO. 83-9/NEGATIVE DECLARATION NO. 83-28 (Continued from 8-16-83) Gerald Sy Golob, AIR A request for a change of zone allowing a "Fisherman's Supply Center" with the "Q"C4 zone on property located south of Warner, west of "A" Street. Michael Strange gave the staff presentation and recommended denial of the applicant's request as the traffic study from the applicant arrived too late for staff to review it. The public hearing was opened. Gerry Golob, the applicant, requested approval. He said that he believed a one story building should be much preferred over a large three story office building that would produce a shadow over adjacent residents. He said he has a one-way traffic situation that would bring traffic off of Beach Boulevard and would eliminate ingress and egress off of "A" Street. He said he felt sure that the proposed use would not bring any detrimental effect into the area. Commissioner Erskine asked the applicant if the tenant planned to sell live bait at the store. Mr. Elsen from Fisherman's Supply, stated that there would be no live bait sold. He went on to list some of the items that would be stocked such as lures, rod and reels, fowl weather gear, compasses, etc. Phillip Oliver, one of the owners of the property, stated that over the last three years the only other interested user was a medical -type facility and both were considered low volume as far as customers. He asked the Commission to approve the zone change without the traffic study and explained the reason for the delay in getting the report. He said it was difficult for busy engineers to even work on such a small project. Jim Murtha, Mr. Oliver's partner, passed around a real estate report for the perusal of the Commission, which showed a glut of office space. The public hearing was closed. Commissioner Mirjahangir asked Mr. Strange to clarify the type of report that was needed. He said it was a comparison traffic study from a similar use in San Diego showing traffic volume. He said, further, that the original qualifying suffix only allowed office -professional uses. Les Evans stated that Public Works had no problem with the traffic study that was submitted by the applicant. Commissioner Livengood asked what guarantee was there against a larger project going in at that location. Secretary Palin stated that the Commission could specify the maximum size and square footage of the building. -8- 9-7-83 - P.C. ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE NEGATIVE DECLARATION NO. 83-28 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher NOES: None ABSENT: Mirjahangir ABSTAIN: None ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE ZONE CHANGE NO. 83-9 WAS APPROVED AS REQUESTED BY THE APPLICANT, WITH THE FOLLOWING QUALIFICATION, AND RECOMMENDED TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: CONDITION ON THE "Q": "Fisherman's Supply Center" shall be added to the list of permitted uses and floor area limited to 3,000 square feet. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-22 (Continued from 8-16-83) Applicant: Farrell's Ice Cream Restaurants, Inc. A request from an existing ice cream parlour to expand from 4 video game machines to 20 video game machines at Farrell's Ice Cream Parlour, 16301 Beach Boulevard. Staff recommended denial based on the locational criteria. The public hearing was opened. Mary Doyle, attorney for Farrell's, spoke in favor of granting the application. She said that the machines are complete incidental to the ice cream parlour, however, they were necessary for reasons of competition with other establishments. She also said that because the children have to buy tokens to use the machines, employees are able to "police" the machines. The public hearing was closed. Commissioner Higgins commented that he could not think of a better place to have video game machines. Commissioner Livengood suggested conditioning the application that no school age children could operate the machines during school hours. Some discussion took place regarding the original reasons for the necessity of an intersection with a signal. Art De La Loza suggested that a finding could be made that the requirements outlined in the code are not related to this particular application. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER STAFF WAS DIRECTED TO COME BACK WITH FINDINGS AND CONDITIONS FOR APPROVAL AND CONTINUE CONDITIONAL USE PERMIT NO. 83-22 TO THE SEPTEMBER 20, 1983 MEETING, BY THE FOLLOWING VOTE: -9- 9-7-83 - P.C. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CIRCULATION ELEMENT AMENDMENT NO. 83-1/ENVIRONMENTAL IMPACT REPORT NO. 83-1 Initiated by City of Huntington Beach Circulation Element Amendment 83-1 addresses the following: 1. Realignment of Ellis Avenue to connect with Talbert Avenue between Goldenwest and Edwards Streets. 2. Re-evaluation of the alignment of Gothard Street with Crystal Street to connect with Main Street in the vicinity of Clay Avenue. 3. Redesignation of Palm Avenue between Seaview and Goldenwest Streets, and Seaview Street between Garfield and Pacific Coast Highway from primary to secondary arterials. Deletion of the primary stub between Palm Avenue and Pacific Coast Highway. 4. Evaluation of the deletion of Indianapolis Avenue between Lake Street and Beach Boulevard, and 5. Redesignation of Pacific Coast Highway between Goldenwest Street and the Santa Ana River from primary to major. Due to the fact that many people were present to speak on other public hearing items, Commission concensus was to defer the Circulation Element Amendment and EIR to the September 20, 1983 meeting. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER CIRCULATION ELEMENT AMENDMENT NO. 83-1 AND ENVIRONMENTAL IMPACT REPORT NO. 83-1 WERE CONTINUED TO THE SEPTEMBER 20, 1983 MEETING, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 83-19 (Continued from 8-2-83) Initiated by City of Huntington Beach An amendment to the ordinance code adding Article 949 which creates a visitor -serving commercial zoning district. ON MOTION BY WINCHELL AND SECOND BY MIRJAHANGIR CODE AMENDMENT NO. 83-19 WAS CONTINUED TO AN ADJOURNED MEETING ON SEPTEMBER 13, 1983, BY THE FOLLOWING VOTE: -10- 9-7-83 - P.C. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CODE AMENDMENT NO. 83-20 (Continued from 8-2-83) Initiated by City of Huntington Beach An amendment to the ordinance code adding Article 949.5 which creates a mixed use office residential zoning district. ON MOTION BY WINCHELL AND SECOND BY MIRJAHANGIR CODE AMENDMENT NO. 83-19 WAS CONTINUED TO AN ADJOURNED MEETING ON SEPTEMBER 13, 1983, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None TENTATIVE PARCEL.MAP NO. 83-551 (Referred to Planning Commission by City Council on 8-22-83) Subdivider: Bobby Cornelius, Engineer: Arian & Willes, Inc. A request to combine three existing parcels into two parcels on property located north of Los Patos between Lynn and Green Streets. Secretary Palin stated that the easement is owned in common by a number of owners. He said the Map Act is restrictive as far as what grounds can be used for findings for denial. He said there were also time constraints and if no action is taken then the map is deemed approved and allowed to record. He also suggested that any recommendation to the City Council should refer to Section 66473 of the State Map Act. The public hearing was opened. Jerry McGee, representing Bobby Cornelius, stated that all lots on the west have ingress and egress for other purposes. He said he could not understand why there was another hearing, that the BZA approved it (their appeal period was over) and that the easement question was no concern of his. Diane Enstad and Dan Slobset spoke against recommending approval on the map. Gene Wilson, the prospective homeowner of the subject lot, stated that the property is an eyesore at present. He stated he would abandon the easement is necessary, but asked for a recommendation of approval. John Schuesler stated he had a petition from the surrounding neighborhood against the project. He said there were five properties involved that would lose 10 feet. He did not think it was fair for them to give up property and continue paying taxes on it. -11- 9-7-83 - P.C. Deno Landa stated her opposition to the project. She said she hoped that the Commission would consider the homeowners when making their decision. Guy Van Patten spoke in opposition to the request. He said he was not notified of the Board of Zoning Adjustment meeting of August 22, 1983. He gave his reasons why he thought it should not be approved such as fire equipment access, trash pick-up access, street cleaning, etc. Commissioner Erskine asked him if he was told there was an easement. He said that originally he looked up all available records and the City told him that they did not acknowledge the easement. He submitted numerous documents relating to the parcel for the record. Art De La Loza reminded the Commissioners that they were directed only to study the matter and make a report back to the City Council. He said that as far as the legal question, it is a matter that needs to go to court and presented to a judge for a decision. The public hearing was closed. Jim Barnes explained the notification procedure for the Board of Zoning Adjustments. Commissioner Livengood asked staff for the depth of Lots 36 and 22. Mr. Palin said Lot 36 was 84 feet minus 10 feet and Lot 22 was 96.6 feet. Mr. De La Loza said that for the record he would identify Lot 34 as belonging to Landa and Lot 35 belongs to Schuesler. (A voice from the audience said that Lot 34 was not included in the easement.) Mr. Palin stated that it was beyond conditioning at this point. Commissioner Winchell suggested that the Commission recommend non -approval; she felt that in order to approve it they would need to have a buildable lot on R1 property and that would not be known until after litigation. A MOTION WAS MADE BY ERSKINE AND SECONDED BY SCHUMACHER TO RECOMMEND RECORDATION OF FINAL MAP NO. 83-551 FOR THE REASON OF EVIDENCE BEFORE THE COMMISSION SHOWING INGRESS AND EGRESS, UNTIL A COURT DECISION IS REACHED. Discussion ensued. Mr. De La Loza said that to recommend denial, a material defect needs to be brought forth. Mr. Godfrey said if he cannot get the easements for utilities . Mr. De La Loza responded, "but can we say he cannot do so in the future?" THE ABOVE MOTION PASSED BY THE FOLLOWING VOTE: AYES: Higgins, Porter, Erskine, Schumacher, Mirjahangir NOES: Winchell, Livengood ABSENT: None. ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-20 Applicant: West Coast Soccer League A request to permit "Oktoberfest" from September 16 to November 20, 1983 at Old World Center, located at 7561 Center Drive. Mike Strange -12- 9-7-83 - P.C. gave the staff presentation, adding verbage to several of the conditions of approval. Commissioner Livengood asked staff for amount of additional parking that would be needed for the event. Mr. Strange stated that the applicant had a reciprocal agreement with Huntington Center. Commissioner Livengood stated that there was an increase of 700 maximum capacity from the last year's request. The public hearing was opened. Josef Bischof, the applicant, stated it was unfair to be postponed so long. He said he had 18 toilets and extra trash containers for the event. He objected to Condition #8 dealing with limited hours. He said his advertising was already out regarding hours of the event. He did not want parking prohibited on Center Drive, he felt it was unnecessary. He said that the fence on the north side should also be on the south side. Cuznar Christian spoke in favor of the request. He stated that the employees always clean the parking lot after 2 AM., Edith Bussiere spoke in favor of the request. She said the residents living in the center should realize that this is just a party and people are just having a good time. Lee Durst, attorney for the homeowners association, stated on behalf of his clients he was not in favor of the Oktoberfest - that these residents have businesses they are trying to protect. Julietta Lewis stated that although she was not against the event occurring, she asked that the Commission impose the same restriction as the event last year. Yvonne Rofer stated her objection to approval of the permit. She said that the plans were never presented to the board (homeowners association). The public hearing was closed. Commissioner Livengood asked if anyone was present from police or fire department staff that was involved last year. Bill Sampson, from the Fire Department stated that he was. He said each year we have seen it grow and each year Mr. Bischof asks for a larger occupancy load. Because of last years event the Fire Department personnel asked that Mr. Bischof submit his plans early. He said that they met with him in May and made recommendations and, to date, they have not received the plans back. He said the map was not up to scale, that they needed something that showed the maximum seating capacity, aisle width, etc. Mr. Bischof responded that he sent the map to Mr. Sampson and he was on vacation. Commissioner Livengood suggested that if Huntington Center was providing reciprocal parking that it should be in writing from them. Commissioner Schumacher suggested that the meandering walkway through the development could be policed or secured for the residents protection. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CONDITION #5, DEALING WITH OCCUPANCY LOAD FIGURE, WAS APPROVED BY THE FOLLOWING VOTE: -13- 9-7-83 - P.C. Livengood, Erskine, Schumacher, ABSTAIN: None AYES: Higgins, Winchell, Mirjahangir NOES: Porter ABSENT: None Commissioner Schumacher discussed her suggestion with Mr. Sampson of the Fire Department. He stated that her suggestion would require a lot of security guards. Commissioner Schumacher stated she would vote against a motion to approve without the conditions reflecting cutting off the rest of the village from the people coming to the event. She said this puts an adverse impact on those residents and it should be the applicant's responsibility to mitigate those impacts. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 83-20 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed Oktoberfest, as conditioned by the Huntington Beach Planning Commission on September 7, 1983, is compatible with surrounding land uses which are residential and commercial in nature. 2. The proposed Oktoberfest, as conditioned by the Huntington Beach Planning Commission on September 7, 1983, will not have an adverse effect on the surrounding properties if all of the conditions of approval imposed by the Planning Commission are complied with. CONDITIONS OF APPROVAL: 1. The applicant shall hire a professional security service to be approved by the City Police Department both as to the number of security personnel and the quality of the personnel hired. Police Department approval of the security service shall be obtained in writing prior to September 16, 1983. The security service shall patrol the common area, parking lots and buildings at Old World. The number of security guards shall be such so that they are capable of controlling the grounds in the Village. 2. Location of the proposed temporary fence shall be subject to the absolute discretion of the Huntington Beach Fire Department, to assure adequate fire access lanes and access to parking. Said fence shall be removed within three (3) days after the conclusion of the Oktoberfest on November 20, 1983. The Fire Department shall also have absolute control over location and type of temporary seating to insure adequate pedestrian access and occupancy during the event. -14- 9-7-83 - P.C. 1 3. The Director of Development Sevices shall have the discretion to employ a professional sound engineer at the applicant's expense, to monitor the noise levels on the premises. 4. The operation of the Oktoberfest shall comply with Article 8.40, Noise Control, of the Huntington Beach Municipal Code. 5. The occupancy load shall be monitored by the Fire Department personnel at the applicant's expense. Seating shall be limited to a maximum of 1200 persons for regular events. Six special events shall be allowed for which seating shall be limited to a maximum of 1450 persons. 6. Conditional Use Permit No. 83-20 shall be valid for five years with an annual review to be held by the Planning Commission prior to all future Oktoberfest events to insure compliance with all conditions of approval and to mitigate any problems created from the previous year's Oktoberfest. 7. The event may be terminated immediately by City staff and/or the City Police Department if any of the conditions as set forth in this conditional use permit approval are not complied with. This condition will not in any way limit the City or the Police Department powers should any other violations of City codes and ordinances occur. 8. All outside activity shall cease at 12:00 midnight each night of the event. "Inside activity shall cease at 2:00 A.M. each night of the event. 9. All fire, building, municipal and zoning ordinances of the City wll be strictly complied with and will be applied to this event, this property, and this use in the same manner as they are applied to every other event, business or property in the City. 10. The applicant shall provide liability insurance and property damage insurance, including product liability coverage, written by an insurance company acceptable to the City in the minimum limits as set by resolution of the City Council. 11. Parking shall be prohibited on Center Drive during the Oktoberfest. The applicant shall coordinate with the Public Works Department to determine what method shall be utilized, at the applicant's expense, to prohibit parking on Center Drive. 12. The applicant shall provide sufficient portable bathrooms to accommodate patrons at the Oktoberfest event. The number of portable bathrooms shall be determined by the Department of Development Services. 13. Trash and debris shall be policed by the applicant each morning of the event. The applicant shall be responsible for policing -15- 9-7-83 - P.C. the common areas, parking lots and areas immediately surrounding Old World. 14. No permanent structures shall be a part of the approval of CUP No. 83-20, and all temporary structures shall be removed no later than November 23, 1983. 15. No permanent structures shall be removed during the Oktoberfest event without the approval of the Director of Development Services. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Mirjahangir NOES: Schumacher ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-23/NEGATIVE DECLARATION NO. 83-27 Applicant: Sickels, Stampley and Associates A request to permit the construction of a 162 unit residential project with a conditional exception to allow four two -bedroom units on property located at the southwest corner of Main Street and Florida Avenue. Jim Barnes gave the staff presentation. The public hearing was opened. The applicant, Bill Stampley, stated he was in agreement with the conditions of approval in the staff report. The public hearing was closed. Commissioner Erskine was concerned about the buildings' aesthetics. He did not favor a concrete monolithic structure, and was also concerned about color. The architect on the project stated that he did not have a final color yet. Commissioner Erskine suggested that a plan be brought back before the Commission. Commissioner Higgins stated that he thought the project looked great. ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS NEGATIVE DECLARATION NO. 83-27 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ON MOTION BY SCHUMACHER AND SECOND BY ERSKINE CONDITIONAL USE PERMIT NO. 83-23 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The General Plan sets forth provisions for this type of land use as well as setting forth objectives for implementation of this type of housing. 1 -16- 9-7-83 - P.C. 2. The proposed project was previously studied for this intensity of land use at the time the land use was designated and the Pacifica Community Plan zoning designation was placed on the property. 3. The design and layout of the proposed project, with the granting of Conditional Exception No. 83-04, is in conformance with the development standards contained in the Pacifica Community Plan. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated August 31, 1983, shall be the approved plans. 2. Each dwelling unit shall be occupied by at least one person sixty (60) years of age or older. 3. Prior to issuance of building permits, the property owners shall file for and obtain approval of a parcel map to consolidate the property into one (1) parcel. Prior to final inspection the approved parcel map shall be recorded with the Orange County Recorders Office and a copy filed with the City's Department of Development Services. 4. Prior to the issuance of building permits, an integrated landscape plan for the site shall be submitted to the Planning Department for approval. In addition to landscaping requirements contained in the code, the forty (40) eucalyptus trees formerly on the site shall be replaced with twelve (12) 30-inch box trees in the landscape area adjacent to Main Street and twelve (12) 24-inch box trees in the landscape area adjacent to Florida Street; the remaining sixteen (16) trees shall be replaced at a ratio of six (6) 15-gallon trees per tree replaced or two (2) 24-inch box trees per tree replaced or one (1) 30-inch box tree per tree removed, providing that eight (8) of the sixteen (16) trees shall be at a 24-inch box size. 5. No parking shall be allowed on Main Street and on the first 275 feet of Florida Street south of Main Street. 6. Improvements within the public right-of-way shall be in accordance with Public Works Department standards and re- quirements. 7. Prior to occupancy of any units, a bus shelter shall be provided on site, by the applicant, adjacent to the bus turnout on Main Street. B. A radus-type driveway shall be required on Florida Street. 9. Natural gas shall be stubbed in at the location of clothes dryers. 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. -17- 9-7-83 - P.C. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 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. 11. Low volume heads shall be used in all showers. 12. All building spoils, such as unused lumber, wire, pipe and other surplus or'unusable materials, shall be disposed of at an offsite facility equipped to handle them. 13. Energy efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lots to prevent spillage onto adjacent areas and for energy conservation. 14. All structures on the subject property shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for a building permit. 15. The proposed development shall met the requirements of the Huntington Beach Fire Department. 16. The rental agreements shall contain a provision that will prohibit storage of boats, trailers and recreational vehicles on site, unless an area that is specifically designated for such storage and which is in compliance with the provisions of Article 936 is provided for in the project. 17. If at any time an entry gate is proposed at the main entrance, the location and design of said gate shall be approved by the Department of Development Services and the Fire Department. 18. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill pro- perties, foundations, retaining walls, streets and utilities. 19. The design and materials of all perimeter walls shall be subject to the approval of the Department of Development Services, prior to the issuance of building permits. 20. A detailed landscape and sprinkler plan shall be subject to the approval of the Planning Commission prior to issuance of building permits. 21. Water system shall be through the City of Huntington Beach water system. -18- 9-7-83 - P.C. 22. The sewer, water, drainage and fire hydrant systems shall be designed to City standards. 23. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the G-factors as indicated by the geologist's report. Calcu- lations for footings and structural members to withstand anticipated G-factors shall be submitted to the City for review prior to the issuance of building permits. 24. Relocate the trash chute at the corner of Florida Avenue and Main Street to an area that would not be.visible from Main Street subject to the approval of the Department of Develop- ment Services. 25. Detailed architectural elevations delineating all exterior building materials shall be approved by the Planning Commission. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ON MOTION BY SCHUMACHER AND SECOND BY ERSKINE CONDITIONAL EXCEPTION NO. 83-04 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The inclusion of four (4) two -bedroom units into the proposed project will not have an adverse impact on the public health, safety and welfare nor on adjacent properties because the units will be located inside a building that meets required setbacks and extra parking spaces are being provided on site for the two bedroom units. 2. The granting of the conditional exception is not inconsistent with the general purpose and intent of the Pacifica Community Plan because it allows living units for senior citizens. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ITEMS NOT FOR PUBLIC HEARING: SITE PLAN AMENDMENT NO. 83-1 Applicant: Mola Development Corporation A request to amend the site plan approved by the Planning Commission on -19- 9-7-83 - P.C. Conditional Use Permit No. 81-26 for the development of a 288 unit planned residential development located on the east side of Bolsa Chica Road approximately 700 feet south of Warner Avenue. ON MOTION BY SCHUMACHER AND SECOND BY ERSKINE SITE PLAN AMENDMENT NO. 83-1 WAS CONTINUED TO THE ADJOURNED MEETING OF SEPTEMBER 13, 1983, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None SITE PLAN AMENDMENT NO. 83-2 #'-¢ Applicant: B. G. Williams A request to delete Condition #6 from conditions on previously approved Tentative Tract No. 11519 on property located on the west side of Florida Street, approximately 200 feet south of Clay Avenue. ON MOTION BY SCHUMACHER AND SECOND BY ERSKINE SITE PLAN AMENDMENT NO. 83-2 WAS APPROVED WITH THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. Condition No. 6 on Tentative Tract No. 11519 shall be deleted. AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None PLANNING COMMISSION ITEMS: Chairman Porter submitted a draft letter to be typed and sent to the City Council regarding the Planning Commission's reasoning for their actions taken on the Downtown Specific Plan. DEVELOPMENT SERVICES ITEMS: Secretary Palin informed the Commissioners that the City Council voted favorable on their request for an increase in stipend. ADJOURNMENT: The Chairman adjourned the meeting at 2:20 A.M. to an Adjourned meeting/study session at 7 P.M. on September 13, 1983. Marcus M. Porter, Irma 20- 9-7-83 - P.C. I