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HomeMy WebLinkAbout1984-09-05 (7)APPROVED 10-16-84 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers -Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 5, 1984 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Winchell, Livengood, Porter (9:00 PM), Erskine, Schumacher, Mirjahangir CONSENT CALENDAR: ITEM A-1: Minutes of Planning Commission Meeting of July 24, 1984 ON MOTION BY MIRJAHANGIR AND SECOND BY ERSKINE, THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 24, 1984 WERE APPROVED AS FOLLOWS: AYES: Higgins, Livengood, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: Winchell, Erskine ITEM A-2: Extension of Time on Conditional Use Permit No. 83-23/Conditional Exception No. 83-04 (continued from 8-21-84) ON MOTION BY WINCHELL AND SECOND BY MIRJAHANGIR CONDITIONAL USE PERMIT NO. 83-23/CONDITIONAL EXCEPTION NO. 83-04 WERE CONTINUED UNTIL APPLICATION IS FILED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ORAL COMMUNICATION: Livengood, Erskine, Schumacher, Craig Watson spoke of alleged violations of Conditions of Approval for Conditional Use Permit for Garfield's Nite Spot. He stated that bottles were being thrown over the fence, parties taking place in vehicles, and residential streets were being used for parking. He was wondering why the Planning Commission allowed this type of establishment to go into a R3 area. Glen Godfrey stated that staff was aware of the complaints and an investigaton was underway. He stated that the County has been requested to monitor the noise and the owner of the Nite Club has been advised to adhere to the Conditions of Approval. He recommended that staff continue to monitor the club and bring back a report at the next meeting. Commissioner Higgins recommended enforcing the conditions of approval if they were infact allowing 250 people instead of the allowed 35 to 45 people. Mr. Godfrey stated that people were waiting outside to get in and this was the main cause of the problem. Chairman Livengood requested the attorney's office report back to the Planning Commission as to what can legally be done to enforce the Conditional Use Permit. He instructed staff to review the conditions and report back. Commissioner Erskine requested that we ascertain if the security force is adequate. Commissioner Higgins requested that the Police Department do spot checks at 2:00 A.M. REGULAR AGENDA ITEMS: ADMINISTRATIVE ACTION NO. 84-6 (continued from August 21, 1984) Applicant: Ad -Art Incorporated A request to replace the sign faces of an existing nonconforming, double -face pole sign for National Lumber located at 19122 Brookhurst Street. Mike Adams made the staff presentation. He stated that we have received the two letters which we requested; first, authorizing Ad -Art Inc. to act on behalf of National Lumber and secondly, an agreement letter stating that the applicant agrees with the conditions of approval and agreeing to post a $2,000 bond. ON MOTION BY MIRJAHANGIR AND SECOND BY HIGGINS ADMINISTRATIVE ACTION NO. 84-6 WAS APPROVED WITH FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None Findings For Approval: Livengood, Erskine, Schumacher, 1. Due to the unique circumstances applicable to the sign, immediate alteration, removal or replacement of the sign will result in an economic hardship. 2. The sign will not adversely affect other lawfully erected signs in the same area. 3. The sign will not be detrimental to the property located in the vicinity of the property on which said sign is located. 4. The sign will be in keeping with the character of the surrounding neighborhood. 5. The sign will not obstruct the vision of vehicular or pedestrian traffic. (1242d) -2- P.C. 9-5-84 1 Conditions of Approval: 1. Prior to issuance of Building Permits, the applicant shall complete the following. a. File a cash bond in the amount of 82000 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the freestanding pole and roof top signs. If these signs are not made to conform with the applicable provisions of the sign ordinance after two years from the date of approval, the City of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. b. The wall signs shall be modified to conform to all provisions of Article 976 of the Ordinance Code, and Building Permits shall be obtained. 2. The site plan and elevations dated July 21, 1984 shall be the approved layout. HUNTINGTON SHORES IMPACT OF CONVERSION REPORT (continued from 8-21-84 Applicant: Huntington Beach Company A request for Planning Commission approval for finding of adequacy for Huntington Shores Impact of Conversion Report for closure of Huntington Shores Mobilehome Park as required by Article 927. Mike Adams made staff presentation. He noted that staff has respond to the Legal Aid Society's letter and that response was included in the staff report. Staff recommends approval of the Impact of Conversion Report by approval of Resolution No. 1326. The public hearing was opened: Robert Burne, Vice President of the Huntington Beach Company, addressed the Commission in support of the proposal. He indicated that the tenant assistance relocation plan will be submitted shortly. There were no other persons present to speak for or against the proposal, and the public hearing was closed. ON MOTION BY HIGGINS AND SECOND BY SCHUMACHER HUNTINGTON SHORES IMPACT OF CONVERSION REPORT AND RESOLUTION NO. 1326 WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None (1242d) -3- P.C. 9-5-84 TENTATIVE TRACT NO. 12206/CONDITIONAL EXCEPTION NO. 84-05/NEGATIVE DECLARATION NO. 84-32 Applicant: Ken Moody Tentative Tract No. 12206 is a request to create an 11 lot residential subdivision on 3.0+ acres of property located on the southeast corner of Pearce and Bolsa Chica Streets. Conditional Exception No. 84-05 is a request to allow two flag lots with a frontage width of 20+ feet rather than the required 45 feet. Mike Adams made staff presentation and requested continuance to the meeting of September 18, 1984 to allow sufficient time for advertising the Conditional Exception. The public hearing was opened. Ken Moody, the applicant, stated that he has been working with staff and has followed ideas suggested by staff to the letter and was very eager to get going with the project. Chairman Erskine informed him that the delay was due to requirements for advertising the new Conditional Exception. The public hearing was left open. ON MOTION BY WINCHELL AND SECOND BY HIGGINS TENTATIVE TRACT NO. 12206/CONDITIONAL EXCEPTION NO. 84-05/NEGATIVE DECLARATION NO. 84-32 WAS CONTINUED TO THE MEETING OF SEPTEMBER 18, 1984, BY -THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None Livengood, Erskine, Schumacher, CONDITIONAL EXCEPTION NO. 84-37 (APPEAL) Applicant: James R. Slatton, Sr. Appellant: John Erskine A request to permit a 70 inch high electric control vehicular gate and pedestrian gate at the front property line encroaching 15 feet into the required 15 foot front setback. This application was denied by the Board of Zoning Adjustments on July 18, 1984. Mike Adams made staff presentation and recommended upholding the Board of Zoning Adjustment's denial. Glen Godfrey noted that the issue of on -coming traffic was discussed at the BZA meeting where the majority of the members agreed that this was not a serious concern. The public hearing was opened. Bill Hartge, Civil Engineer, made his presentation. He requested that the Planning Commission reconsider based on the following points: The BZA vote was three to two, the fence will not obstruct neighbors vision while backing out of driveway, will act as a barrier to on -coming traffic, and would provide added security in preventing possible burglary. Bob Slatton, owner of the 1 I'] (1242d) -4- P.C. 9-5-84 1 property stated that the main idea of the fence was to provide added security and act as a barrier from on -coming vehicles. He further stated that the request is for permission to build a gate 28" higher than code. Barbara Steinburg, who lives adjacent to the subject property spoke in favor of the project and requested the Planning Commission's approval. The public hearing was closed. Commissioner Higgins stated that he was not opposed to granting this request but recommended staff to make a code amendment for this type of open fencing. Commission Schumacher stated concern over increased accidents with this type of gate with vehicles waiting in the street for the gate to open. Secretary Palin stated that there is nothing in code that addresses a gate being at property line less than 42", however, this is more than a gate. ON MOTION BY ERSKINE AND SECOND BY HIGGINS CONDITIONAL EXCEPTION NO. 84-37 WAS APPROVED OVERTURNING THE BZA DENIAL WITH FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Subject property is located within a tract abutting a harbor channel: the Coastal Commission required these properties to have a public walkway installed along the rear 8' of each property. 2. Because of the location of the property at Walrus and Venture, the property is subject to impact of traffic from Walrus Lane and that the fence would act as an additional barrier to that traffic. 3. The granting of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity and under identical zone classifications as there are other homes in the area that have either a structure or wall within a ten (10) foot front yard setback. 4. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of a conditional exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 6. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington beach. CONDITIONS OF APPROVAL: 1. Permits as required by the Building Division shall be obtained. AYES: NOES: ABSENT: ABSTAIN Higgins, Livengoo d, Schumacher Porter None Winchell, Erskine (1242d) -5 - P.C. 9-5-84 TENTATIVE PARCEL MAP NO.84-585/CONDITIONAL USE PERMIT NO. 84-20 Applicant: Hancock Development Tentative Parcel Map NO. 84-585 is a request to create 4 industrial parcel with reciprocal ingress and egress on 8.0 acres of property located on the northeast corner of Warner Avenue and Gothard Street. Conditional Use Permit No. 84-20 is a request to construct a mixed use industrial/commercial/office development at this location. Mike Adams made staff presentation. Public Hearing was opened. Eugene Hancock, the applicant, addressed the commission regarding the improvements recommended by the Planning Commission that were incorporated into the project. He stated concern over the requirement to replace trees on a two to one ratio and recommended that a landscape plan be approved by staff instead of this condition. He also expressed concern over Condition 13 on Tentative Parcel Map No. 84-585 regarding posting a bond for future median improvements and requested a dollar figure. On Condition 15, he requested that a traffic study along Warner Blvd. to determine if right turn only was necessary. The public hearing was closed. . Commissioner Higgins expressed concern over the commercial and mixed - use application so that we do not draw out of primary commercial areas to secondary areas. He stated no objection to commercial uses that relates to industrial. He also stated concern over the parking. Commissioner Livengood stated concern over the parking and also requested that the Planning Commission delete some of the permitted uses from the application. A straw vote was taken and it was agreed that 100% of buildings 1 & 2 may be industrial related commercial uses an 50% of buildings 3 & 4. Secretary Palin advised the Planning Commission that a Conditional Exception must be issued in order to designate the buildings along Warner as commercial. ON MOTION BY HIGGINS AND SECOND BY MIRJAHANGIR CONDITIONAL USE PERMIT NO. 84-20/TENTATIVE PARCEL MAP NO. 84-585/NEGATIVE DECLARATION NO. 84-25 WAS CONTINUED TO THE MEETING OF SEPTEMBER 18, 1984 WITH CONCURRENCE OF APPLICANT, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Erskine NOES: Schumacher ABSENT: Porter ABSTAIN None CONDITIONAL USE PERMIT NO. 84-19/TENTATIVE TRACT NO. 12238 (continued from Planning Commission meeting of August 21, 1984 Applicant: Mola A request to construct a 105 unit condominium development in the downtown area on 3.07 gross acres of property bounded by Pacific Coast Highway, 12th Street, 13th Street and Walnut Avenue. Mike Adams made staff presentation and stated that the conditions of approval were modified, added and deleted as requested at the Planning Commission meeting of August 21, 1984. Staff recommended approval of this project. (1242d) -6- P.C. 9-5-84 Commissioner Schumacher inquired about the status of the Design Guidelines of the Downtown Specific Plan. She requested that condition 9 should include all public and private walkways. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS TENTATIVE PARCEL MAP 12238/CONDITIONAL USE PERMIT 84-19 WAS APPROVED BY THE FOLLOWING VOTE: FINDINGS FOR SPECIAL PERMIT: 1. The project contains features which provide good land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout, and design. The proposed minor encroachments of low -profile building walls surrounding terraces, decks and access ramps will not detract from the proposed development or surrounding environment. 2. The project will not be detrimental to the general health, welfare, safety and convenience of the neighborhood or of the city in general, nor detrimental or injurious to the value of property or improvements in the neighborhood or city in general. 3. The project is consistent with objectives of the downtown's specific plans standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS CONDITIONAL USE PERMIT NO. 84-19/TENTATIVE TRACT NO. 12238: 1. The proposed development complies with the General Plan and Downtown Specific Plan. 2. The General Plan has set forth provisions for this type of land use, as well as objectives for implementation of this type of housing. 3. The property was previously studied for this intensity of use at the time the Downtown Specific Plan zoning designation was placed on the subject property. 4. The proposed subdivision of this 3.07 acre parcel of land zoned Downtown Specific Plan District 2 is proposed to be constructed having 34.2 units per gross acre. 5. Lot width, depth, frontage street width and through the use of the special permit all other design and implementation features of the proposed subdivision are proposed to be constructed in compliance with the standard plans and specifications on file with the City as well as in compliance with the state subdivision map back and supplementory City subdivision ordinance. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 84-19: 1. The site plan, floor plans, and elevations dated August 16, 1984 shall be the approved layout. (1242d) -7- P.C. 9-5-84 2. Natural gas shall be stubbed in at the location 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. 3. Natural gas shall be stubbed in at the location 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. 4. Low volume heads shall be used on all showers. 5. All building spoils such as unusuable lumber, wire, pipe and other surplus or unusuable materials shall be disposed of at an off -site area equipped to handle them. 6. Energy -efficient lighting shall be used in open space areas. 7. All dwellings on the subject property shall be constructed in compliance with state acoustical standards set forth for units that are within the 60 CNEL contour of the property. 8. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site sampling and laboratory testing of materials to provide detail recommendations regarding grading, chemical and fuel properties foundations, retaining walls, streets and utilities,'etc. 9. A detailed landscape and sprinkler plan including all public and private walkways consistent with the Downtown Specific Plan shall be subject to the approval of the Department of Development Services prior to the issuance of building permits. 10. The location and design of all entry gates shall be reviewed and approved by the Department of Development Services, Public Works Department, and Fire Department prior to the issuance of building permits. 11. The Fire sprinkler systems shall be installed throughout the development in accordance with National Fire Protection Standard No. 13 and standards of the Huntington Beach Fire Department. 12. All approved drives shall be considered required fire lanes and shall be signed as such as deemed necessary by the Huntington Beach Fire Department. 13. The method of trash pick-up shall be subject to the approval of the Department of Public Works. 14. The applicant shall provide housing units for persons of low or moderate income subject to the provisions of Government Section 65590 (d). The applicants compliance with Section 65590 (d) of (1242d) -8- P.C. 9-5-84 the Government Code in terms of amount and location of affordable housing provided shall be subject to the review and approval of the Department of Development Services. 15. A wet standpipe system approved be the Huntington Beach Fire Department shall be installed throughout the development in accordance with standards of the uniform building code. 16 The architecture of the project shall be in compliance with the design concept of the Downtown Specific Plan. CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 12238: 1. The Tentative Tract Map received and dated August 16, 1984 shall be the approved layout. 2. The water system shall be in accordance with the Department of Public Works' standards. 3. On and off -site sewer drainage and street improvements shall be in accordance with the Department of Public Works' standards. 4. Fire hydrants shall be located in accordance with Fire Department's standards. AYES: Higgins, Livengood, Erskine Porter, Schumacner, Mirjahangir NOES: Winchell ABSENT: None ABSTAIN: None Commissioner Erskine excused CONDITIONAL USE PERMIT NO. 84-25 Applicant: Susie Kyung Su Hong A request to relocate the Spa of Hawaii to a location which meets the locational criteria contained in Article 975 and to obtain the required Conditional Use Permit. Mike Adams made the staff presentation which recommended approval with findings and conditions. The public hearing was opened. Harold R. Stokes, an attorney representing Ms. Hong, was present. He indicated that his client was in agreement with the staff report and the conditions of approval. David Robin, a resident who lives approximately 350 feet from this proposed business, wanted clarification as to the type of massage parlor. He inquired about the track record of Ms. Hong's business at her current location as to arrests and violations. He stated concern that the shopping center attracts a lot of minors and questioned if this was an appropriate type of business for this center. Legal counsel, Art Folger, informed him that Massage Parlors must be licensed. He stated that the Police (1242d) -9- P.C. 9-5-84 Department performed a records check for arrests and that the applicant has a clean record. Randy Fox, a client of Ms. Hong's, spoke in favor of the CUP. The public hearing was closed. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 84-25 WAS APPROVED,BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 84-25: 1. The proposed project is in conformance with the City's adopted General Plan. 2. The proposed location of business meets the locational criteria for Adult Entertainment Businesses contained in Article 975 of the Huntington Beach Ordinance Code. 3. The proposed project will not have an adverse impact on surrounding businesses or land uses. CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 84-25: 1. A certificate of Occupancy for the Spa of Hawaii at 5915 Warner Avenue shall not be issued until the Spa of Hawaii at 17434 1/2 Beach Boulevard has been discontinued. 2. Any expansion of the Spa of Hawaii at 5915 Warner Avenue shall be subject to approval of a new Conditional Use Permit. AYES: Higgins, Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN: None PRECISE PLAN OF STREET ALIGNMENT NO. 84-2 Applicant: City of Huntington Beach A request to adopt precise alignment for Lake Street, Atlanta Avenue and Orange Avenue. Mike Adams made the staff presentation and recommended approval of - Precise Plan of Street Alignment No. 84-2 and Resolution No. 1328 and repeal Precise Plan 79.2. He further recommended adoption by the City Council of the above. ON MOTION BY HIGGINS AND SECOND BY MIRJAHANGIR PRECISE PLAN OF STREET ALIGNMENT NO 84-2 AND RESOLUTION NO. 1328 WAS APPROVED AND REPEAL OF PRECISE PLAN NO. 79-2 AND RECOMMEND ADOPTION BY THE CITY COUNCIL. AYES: Higgins, Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN: None (1242d) -10- P.C. 9-5-84 CODE AMENDMENT NO. 83-15 (continued from August 21, 1984) Applicant: City of Huntington Beach The 1980 session of the State Legislature, Senate Bill 1960 was enacted which mandated that cities and counties permit the establishment of mobilehomes/manufactured homes on individual lots in single family residential areas. The Huntington Beach Ordinance Code presently prohibits temporary structures in the R1 residential zoning districts, revision of the City Ordinance is necessary to comply with the new law. Mike Adams made staff presentation and recommended approval. The public hearing was opened. No one was present to speak for or against this item, and the public hearing was closed. Commission Mirjahangir recommended stipulating that any mobilehome being moved should be approved by HUD and be stamped 1980 or earlier. He recommended that this be added to page 16 line 17 to the Code Amendment. ON MOTION BY MIRJAHANGIR AND SECOND BY HIGGINS CODE AMENDMENT NO. 83-15 WAS AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN: None CODE AMENDMENT NO 84-19 Applicant: City of Huntington Beach A request to prohibit the parking of motor vehicles, trailers, or boats on landscaped areas within the front one half of a lot within the Rl, single family residential district. This code amendment would permit vehicle parking on approved driveways leading to garages within the R1 district and would not supercede Section 9106.5 permitted parking area for oversized vehicles. Mike Adams made staff presentation and recommended approval. The public hearing was opened. A resident spoke in opposition of the amendment stating that they have four vehicles and that on street sweeping day we have to park on our lawns to avoid being ticketed. The public hearing was closed. Chairman Porter requested that staff work on the wording of the code amendment for clarification. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CODE AMENDMENT NO. 84-19 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN: None (1242d) -11- P.C. 9-5-84 ANNUAL REVIEW OF THE OKTOBERFEST AT OLD WORLD SHOPPING CENTER Applicant: West Coast Soccer League A request to permit 1984 Oktoberfest. Mike Adams made staff presentation and recommended approval. Secretary Palin'spoke of concern over the loss of parking due to construction on the Jerwell property. Many owner's from the Old World Center were present and stated problems that occurred last year with noise, trash, and lack of portable restroom facilities. They expressed concern with inadequate Oktoberfest parking and that their own customers would not be able to find parking. Joe Bishoff, owner of Old World, stated that he has complied with all 'conditions. Commissioner Livengood stated that the reciprocal parking agreement with Jerwell was not designed for Oktoberfest but for the residents of Old World. Commissioner Winchell stated that according to public testimony heard tonight, it appears that the conditions were not adhered to last year. We should make sure that the conditions are met this year. Commission requested Development Services to review Oktoberfest during the event, and report back to the Planning Commission on October 2 & 16 and November 13 and 27. Commissioner Schumcaher stated agreement with Ms. Winchell and also requested that we clarify condition 12 regarding the number of portable toilets. The Commissioners discussed at length the number of portable restrooms and the number of off -site parking which would be required and it was agreed upon to have eight (8) portable restrooms and 400 off -site parking spaces. Commissioners agreed to review the 1985 Octoberfest n` later than March, 1985. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS THE REVIEW OF CONDITIONAL USE PERMIT NO. 83-20 WAS APPROVED WITH REVISED AND ADDED CONDITIONS, BY THE FOLLOWING VOTE: Revised Conditions 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 15, 1984. The security service shall patrol the common area, parking lots and building 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 25, 1984. 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. (1242d) -12- P.C. 9-5-84 w 3. The Director of Development Services 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 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 no later than March 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 the City staff and/or the City Police Department if any of the conditions 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 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 will 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 prohibiited 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 eight (8) portable bathrooms to accommodate patrons at the Oktoberfest event. The location 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 the common areas, parking lots and areas immediately surrounding Old World. (1242d) -13- P.C. 9-5-84 A 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 28, 1984. 15. No permanent structures shall be removed during the Oktoberfest event without the approval of the Director of Development Services. 16. Four hundred off -site parking spaces shall be provided within 500 feet of the event. Authorization shall be filed with and approved by the Department of Development Services prior to the opening of the event. Temporary traffic direction signs shall be installed to direct traffic to off -site parking areas with the approval of the Police and Development Services Department. A traffic control plan to minimize Oktoberfest vehicle and foot traffic through residential (Old World) areas, The plan shall include barricades and security people to handle this condition. 17. Progress reports of compliance of the conditions of approval will be reported at the meeting of 10-2-84, 10-16-84, 11-13-84 and 11-27-84. AYES: Higgins, Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN: None DEVELOPMENT SERVICES ITEMS: Secretary Palin reviewed the actions taken by the City Council at its most recent meeting for the information of the Commission. ADJOURNMENT There was no further business and the Commission adjourned at 11:35 P.M. James W. Palin�P&6etary Marcus M. Porte , a man jr (1242d) -14- P.C. 9-5-84