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HomeMy WebLinkAbout1984-09-18APPROVED BY THE PLANNING COMMISSION 11-13-84 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, SEPTEMBER 18, 1984 COMMISSIONERS PRESENT: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir COMMISSIONERS ABSENT: Porter CONSENT CALENDAR: ITEM A-1: Minutes of the Planning Commission Meeting of August 7, FFU August 21, 1984 Commissioner Livengood recommended that on page 14 of the minutes of August 7, 1984 the changes in the by-laws be included. ON MOTION BY ERSKINE AND SECOND BY HIGGINS, THE MINUTES OF THE PLANNING COMMISSION MEETINGS OF AUGUST 7, 1984 AND AUGUST 21, 1984 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Winchell, Livengood, Erskine, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: Higgins, Schumacher ITEM A-2: General Plan Conformance No. 84-11 A request by the Department of Administrative Services proposing that a portion of unused right-of-way located at the northwest corner of Deleware Street and Detroit Avenue be sold as surplus property by the City. Chuck Clark made staff presentation. ON MOTION BY ERSKINE AND SECOND BY HIGGINS, THE PLANNING COMMISSION DETERMINED THAT THE SALE OF THE PROPERTY IS IN CONFORMANCE WITH THE GENERAL PLAN, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ITEM B: Oral Communication Livengood, Erskine, Schumacher, Tracy Pellman protested the approval by the Planning Commission of the Spa of Hawaii Massage Parlor in a shopping center at Springdale and Warner. She stated that this shopping center is a family oriented center that is frequented by a lot of minors. She said the residents had been informed that the business would be more of a medical and acupressure clinic; however, the Yellow Pages indicates adult entertainment, acupressure and Sweedish Massage. Secretary Palin indicated that legal notices were mailed out to residents within 300 feet of the proposed location. No one appealed the CUP during the appeal period; however, there was some miscommunication between the Police Department and Development Services as to the record of this establishment. Commissioner Winchell stated that her decision was based on the fact that the establishment was well monitored and had no history of problems. Commissioner Erskine requested the CUP to be rescheduled for public hearing because the flood control channel had created a situation where the legal notification area did not extend into the affected residential area. Commissioner Livengood stated that his vote was based on the Police Department Report which indicated that the massage parlor had a clean record: ON MOTION BY SCHUMACHER AND SECOND BY MIRJAHANGIR, TO RESCHEDULE A PUBLIC HEARING OF CUP 84-25 TO THE OCTOBER 2, 1984 MEETING IN ORDER TO OBTAIN A WRITTEN REPORT FROM THE POLICE DEPARTMENT, AND ADVERTISE WITHIN 400 FEET OF THE PROPOSED USE. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ITEM B-1 Review of Garfield's Nite Spot - CUP 83-35 Mike Strange reported on observations that were made during staff's visit to the site. Staff recommended that the Planning Commission schedule a public hearing to permit Garfield's Nite Spot the opportunity to show cause why the CUP should not be revoked. Commissioner Erskine indicated that condition number six requires that Garfield's have private security. He felt that one security guard is not enough. Commissioner Schumacher stated that the original staff report indicated that Garfield's was looking for a crowd "between 30 to 45". The Commissioners and staff assumed that this number related to number of people frequenting the establishment. The applicant now states that was the age group Garfield's management was aiming for. Commissioner Erskine responded that the CUP approval was based on the occupancy premise. Commissioner Erskine recommend that we bring this CUP be brought back to the City Council for reconsideration. Mike Strange responded that Garfield's should have the opportunity to solve some of the problems and report back to the Planning Commission. Legal Counsel Art Folger advised the Commission that his office has sent a letter to the applicant meet with their office regarding the noise problem. He indicated that there is the possibility that the City may prosecute these violations under the Municipal Code. ON MOTION BY ERSKINE AND SECOND BY HIGGINS, THE PLANNING COMMISSION RECOMMENDS TO THE CITY COUNCIL TO SCHEDULE A PUBLIC HEARING AT THE EARLIEST POSSIBLE TIME TO PERMIT GARFIELD'S NITE SPOT THE OPPORTUNITY TO SHOW CAUSE WHY CUP 83-35 SHOULD NOT BE REVOKED AND TO ALLOW OPPORTUNITY TO THE GENERAL PUBLIC TO EXPRESS THEIR VIEWS AND CONCERNS. (1300d) P.C. Minutes -2- September 18, 1984 AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None REGULAR AGENDA ITEMS: Livengood, Erskine, Schumacher, TENTATIVE TRACT NO. 12206/CONDITIONAL EXCEPTION NO. 84-05/NEGATIVE DECLARATION 84-32 (Continued from September 5, 1984 Applicant:, en M oody Tentative Tract No. 12206 is a request to create an 11 lot residential subdivision. 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 stated that —the changes in the lots are for better utilization of the land. The lots facing Bolsa Chica will need approval from the BZA prior to development. The public hearing was opened. Ken Moody indicated agreement with staff report and the conditions of approval. There were no other persons present to speak for or against the matter, and the public hearing was closed. Commissioner Winchell requested that the buildings on lots 5 and 7 not be required to have sprinkler system. Tom Poe of the Fire Department responded that it would be difficult because of the distance of the buildings to the end of the cul-de-sac. ON MOTION BY MIRJAHANGIR AND SECOND BY ERSKINE, TENTATIVE TRACT NO. 12206 WAS APPROVED, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVEL - TENTATIVE TRACT 12206: 1. The proposed subdivision of this 3.02 gross acre parcel of land zoned R2, Medium Density Residential, is proposed to be constructed having 14.24 units per gross acre. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of housing. The proposed project complies with the Land Use Element and all other elements of the General Plan. 3. The property was peveiously studied for this intensity of land use at the time the land use designation for Medium Density Residential was placed on the property. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 12206 1. The tentative map received and dated August 25, 1984 shall (1300d) P.C. Minutes -3- September 18, 1984 be the approved layout with the following revisions made to the map and submitted for approval by the Department of Development Services. a. Reciprocal driveway easements as indicated on the tentative site plan received and dated August 30' 1984 shall be added to the tentative map. In addition, a landscape median shall be indicated within each easement along the common property lines. b. Landscape pocket on the corner of Pearce Street and Bolsa Chica Street shall be indicated on the tentative map and designed according to Public Works standards. C. Landscape pockets adjacent to Bolsa Chica Street and the location of a 6 foot high concrete block wall. 2. The existing driveways on Bolsa Chica Street and Pearce Street shall be removed and replaced with curb and gutter. 3. All street furniture on "A" Street (fire hydrants, street lights, etc.) shall be located behind the sidewalk. 4. All vehicular access rights on Bolsa Chica Street shall be dedicated to the City. 5. Driveway access will not be allowed from Pearce Street. 6. A pavement transition shall be constructed at the easterly tract boundary on Pearce Street. 7. The right-of-way radii shall be revised to comply with City Standards. 8. A 6 foot high block wall shall be located on private property adjacent to the public R.O.W. on Bolsa Chica Street. This wall shall be designed with off sets to include landscape pockets adjacent to Bolsa Chica Street subject to design review and approval by the Departments of Public Works and Development Services. 9. Street lights, signing, and striping shall be installed per City Standards with no parking posted on one side of the new street. 10. The lots abutting Bolsa Chica Street shall be subject to approval of a Use Permit by the Board of Zoning Adjustments prior to issuance of Building Permits. 11. All building setbacks shall be measured from the back of the sidewalk. 12. All streets, sidewalk, lighting, walls and landscaping conditioned with this application shall be in place prior to the issuance of the first building permits on the individual lots subject to approval of all City Departments. (1300d) P.C. Minutes -4- September 18, 1984 1 AYES: NOES: ABSENT: ABSTAIN: Higgins, Winchell, Mirjahangir None Porter None Livengood, Erskine, Schumacher, ON MOTION BY MIRJAHANGIR AND SECOND BY ERSKINE CONDITIONAL EXCEPTION NO. 84-32 WAS APPROVED WITH CONDITIONS , BY THE FOLLOWING VOTE: FINDINGS - CONDITIONAL EXCEPTION NO. 84-05 1. The proposed flag lots are necessary to permit the applicant to optimize the use of the parcel. 2. The proposed flag lots will not have an adverse impact on traffic ingress or egress within the project. 3. The proposed flag lots will not have an adverse impact on surrounding properties and land uses. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ON MOTION BY MIRJAHANGIR AND SECOND BY ERSKINE, NEGATIVE DECLARATION WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None Livengood, Erskine, Schumacher, CONDITIONAL EXCEPTION NO. 84-07/TENTATIVE PARCEL MAP NO. 84-585 CONDITIONAL USE PERMIT NO. 84-20 Applicant: Hancock Development Conditional Exception No. 84-07 is a request to allow commercial uses to occupy 100% of the ground floor area of all buildings fronting an arterial highway (Warner Avenue) in lieu of 50% as allowed by S.9533.1.2 (c). Tentative Parcel Map No. 84-585 and Conditional Use Permit No. 84-20 were continued from September 5, 1984 meeting. Mike Adams presented the staff report recommending approval of the above items with findings and conditions. Chairman Livengood question if the new parking plan included handicapped parking requirements. Mike Adams stated that it was included. The public hearing was opened. Eugene Hancock stated agreement with staff report and recommendations and indicated that he would be working with staff on the landscape plan. (1300d) P.C. Minutes -5- September 18, 1984 1 There were no other persons present to speak for or against the proposal, and the public hearing was closed. Commissioner Higgins recommended that in addition to the permitted uses listed on Resolution No. 1327 we add "and other like tenants that have the same types of uses and, as approved by the Director of Development Services. Chairman Livengood stated that this would create a burden on the planning staff. Commissioner Winchell stated that she would be voting against this proposal. She stated that by putting 100% use in this area, we are creating another commercial area and that it would be better to retain a mixed use aspect of the development. ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS NEGATIVE DECLARATION NO. 84-25 WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY ERSKINE CONDITIONAL EXCEPTION NO. 84-07 WAS APPROVED WITH FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: CONDITIONAL EXCEPTION NO. 84-07 1. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 2. The granting of Conditional Exception No. 84-07 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 3. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITION OF APPROVAL: CONDITIONAL EXCEPTION NO. 84-07 1. The site plan received and dated 9-13-84 shall be the approved layout. AYES: Higgins, Livengood, Erskine, Schumacher, Mirjahangir NOES: Winchell ABSENT: Porter ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY SCHUMACHER TENTATIVE PARCEL MAP 84-585 AND CONDITIONAL USE PERMIT 84-20 WAS APPROVED WITH REVISED CONDITIONS, BY THE FOLLOWING VOTE: (1300d) P.C. Minutes September 18, 1984 FINDINGS FOR APPROVAL: TENTATIVE PARCEL MAP NO. 84-585 1: The proposed subdivision into four (4) parcels for purposes of mixed use development use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for light industrial district allowing mixed use was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. FINDINGS FOR APPROVAL: CONDITIONAL USE PERMIT NO. 84-20: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of the conditional use permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use because it is an industrial development on a site located within the Gothard Industrial Corridor. 4. The proposed project complies with the provisions set forth in Article 953, M1 Industrial Standards as amended by approval of Conditional Exception No. 84-07. CONDITIONS OF APPROVAL: TENTATIVE PARCEL MAP NO. 84-585: 1. The tentative parcel map received by the Department of Development Services on August 3, 1984 shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed. (1300d) P.C. Minutes -7- September 18, 1984 4: Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed. 5: All utilities shall be installed underground at the time said parcel is developed. 6. Compliance with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Development Services. 8. The property shall participate in the local drainage assessment district at the time said parcel is developed: 9. Vehicular access rights along Gothard Street and Warner Avenue shall be dedicated to the City of Huntington Beach except at locations approved by the City. 10. A reciprocal ingress/egress and parking agreement shall be recorded concurrently or prior to the recordation of a final map. A copy of the recorded document shall be filed with the Department of Development Services. 11. Traffic signals, loops and other traffic devices shall be relocated by the developer as required by the Department of Public Works. 12. The applicant shall restripe, paint curb and install signs on Warner Avenue and Gothard Street as required. 13. The applicant shall pay for 500 of future medium improvements on Warner Avenue within three years of project approval or participate in future medium construction. The Department of Public Works to determine costs of these improvements. 15. The two driveways closest to the intersection of Warner and Gothard shall be signed for right turn in and out only. 16. At the discretion of the Department of Public Works and street deflection reports shall be provided to the City determining the adequacy of the existing pavement on Warner Avenue and Gothard Street. If required by the report, the streets shall be reconstructed or capped to centerline of street. CONDITIONS OF APPROVAL: CONDITIONAL USE PERMIT NO. 84-20: 1. The site plan and parking management plan received and dated September 13, 1984 and elevations received and dated August 28, 1984 shall be the approved layout. 2. Prior to issuance of building permits; the applicant shall submit the following plans: (1300d) P.C. Minutes -8- September 18, 1984 11 1 a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval; b: Rooftop mechanical equipment plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. Special architectural treatment shall be provided on all building walls. Such treatment is subject to approval by the Design Review Board. 4. A planned sign program shall be approved for all signing pursuant to S.9533.1.2 of the Huntington Beach Ordinance Code. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. Service roads and fire lanes as determined by the Fire Department shall be posted and marked and may not be used for other purposes. 7. Maximum separation between building wall and property line shall not exceed two (2) inches. 8. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 9. Onsite fire hydrants shall be provided in number and at locations specified by the Fire Department. 10. Commercial/office uses allowed in the project shall be governed by the list of uses contained in Resolution No. 1327 and shall be located only in those buildings (#1 and 2) indicated on the approved site plan. Any change in the list of uses shall be subject to the approval of the Planning Commission. 11. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 12. There shall be no outside storage. 13. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 14. 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. 15. Covenants, Conditions and Restrictions shall be submitted as required by Article 953 prior to final inspections. (1300d) P.C. Minutes Sam September 18, 1984 1 16: All building spoils, such as unusable lumber, wire, pipe and other surplus or unsable material, shall be disposed of at an offsite facility equipped to handle them. 17'. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 18. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 19. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 20. Information on equipment or facilities which may generate air pollutants 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. 21. In order to mitigate the effect of the tree removal on the environment, the applicant shall replace the trees at a rate subject to approval by the Department of Public Works and Development Services. Tree removal and replacement plan shall be subject to the review and approval of the Department of Development Services. 22 The project shall retain the services of a property management firm and shall designate an individual to act as a liason to the City for the purposes of resolving land use enforecment problems as well as handling all permitting. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY SCHUMACHER RESOLUTION NO. 1327 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None (1300d) P.C. Minutes Livengood, Erskine, Schumacher, -10- September 18, 1984 CONDITIONAL EXCEPTION NO. 84-06/EXTENSION OF TIME: CONDITIONAL USE PERMIT NO. 83-13 1continued from September 5, 1984 pp scant: sanport Development/ Sickels Stampley and Associates Conditional Use Permit No: 83-23, approved on 9-7-83, was a request to permit the construction of a 162 unit senior citizen apartment complex in the downtown area. Mike Adams described the proposed project, noting that it is consistent with the Pacifica Community Plan development standards for lot coverage. The public hearing was opened. Bill Stampley, one of the owner's of the property, stated agreement with the staff report. There were no other persons to speak for or against the project, and the public hearing was closed. ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS CONDITIONAL EXCEPTION NO. 84-06 EXTENSION OF TIME/CONDITIONAL USE PERMIT NO. 83-23 WAS APPROVED FOR ONE YEAR, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The inclusion of four (4) two -bedroom units in 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 additional parking spaces are being provided for the two bedroom units. 2. The granting of the conditional exception is consistent with the general purpose and intent of the Pacifica Community Plan because it provides living units for senior citizens. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None LAND USE ELEMENT AMENDMENT NO. 84-2 AND PRE -ZONE CHANGE NO. 83-11 Applicant: The Fieldstone Company A request to redesignate 42.4 acres located in the unincorporated Bolsa Chica area from planning reserve to low density residential. Secretary Palin indicated that the staff report requests continuance to the December 18, 1984 meeting; however, the government code places restrictions on the time that an applicant can request an item to be continued to one year and 90 days. Therefore, the last date the Planning Commission could consider this application is October 16, 1984. Chuck Clark discussed -the proposed change to the General Plan Land Use Diagram as requested by the Fieldstone Company. He indicated that the time frame to go to the Coastal Commission is late October or November for consideration. (1300d) P.C. Minutes -11- September 18, 1984 Chairman Livengood stated for the record that we have received a letter from Signal Landmark, Inc. requesting the Planning Commission either approve or disapprove the application due to Government Code Section 65950' Commissioner Schumacher questioned whether the applicant would be required to pay fees again, if he chooses to withdraw the application. Secretary Palin responded that the applicant would be expected to cover the cost of the legal notices and public hearing. Commissioner Erskine asked what is the best estimate of the dates of the hearings. Florence Webb indicated that the Coastal Conservancy Board meeting is scheduled for November 13, 1984. The public hearing was opened. Richard Harlow, representing the applicant, requested continuance for two weeks to determine if it is in Fieldstone's best interest to withdraw. He also requested that if Fieldstone does reapply that the fees be waived as requested by Commissioner Schumacher. ON MOTION BY SCHUMACHER AND SECOND BY MIRJAHANGIR LAND USE ELEMENT AMENDMENT NO. 84-2 AND PRE -ZONE CHANGE NO. 83-11 WAS CONDITUED TO OCTOBER 2, 1984 LEAVING THE PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None Livengood, Erskine, Schumacher, ZONE CASE 84-3/NEGATIVE DECLARATION NO. 84-11 (continued from June 19, 198 Applicant: Ascon Properties, Inc. A request to permit a change of zone from LUD-0 (Limited use District combined with oil production) to LUD-OI-Q (limited use district combined with oil production with a qualified suffix). Howard Zelefsky indicated that this application was continued from June 19, 1984 to allow the applicant enough time to perform a "site characterization" for the Ascon Landfill. The public hearing was opened. John Lindsey, Vice -President of Ascon Properties, Inc., requested continuance for thirty days. He indicated that Ascon did not understand the time frame and was unable to commence the characterization based on the October 7th issuance of Air Quality Permits. Henry Borman spoke against the proposal. He felt that the applicant had all ready been granted ample time to perform the site characterization and nothing had been done. The public hearing was closed. Chairman Livengood asked Commission due to the on that the moratorium does applicant could file for stated that in June the characterization would b what can legally be done by the Planning e year moratorium. Howard Zelefsky responded not exclude testing on the site and that the the Zone Change. Commissioner Winchell Planning Commission decided that a site e required prior to any drilling; therefore, (1300d) P.C. Minutes -12- September 18, 1984 she would not be prepared to vote on any Zone Change until the applicant has complied with the request. She agreed with staff's recommended alternative action to continue Zone Change 84-3 for a period of time not to exceed 120 days. Commissioner Erskine stated that the applicant has not performed the site characterization that was requested in June and therefore he would vote for denial. Commissioner Schumacher stated agreement with Commissioner Erskine. Commissioner Mirjahangir stated that the applicant is only requesting a two week extension and this is not out of line. Commissioner Higgins asked Mr. Lindsey about the status of the site characterization. Mr. Lindsey responded that their time frame has been extended by the Air Quality people. Right now; they are in the process of securing bids from subcontractors; however, no one wants to give a price without the permits. He further stated that they fully intend to do the site characterization but it is difficult to pin down the exact date they will be able to start. Commissioner Higgins asked how much longer it will take to complete the study. Mr. Lindsey responded that it takes two months to do the site characterization, three or four months to secure the authorization, and another month for mitigation plan. Commissioner Schumacher stated that 90 days ago the Planning Commission requested a site characterization. Now Mr. Lindsey informs the Commission that it will probably take another seven months. She expressed concern regarding the applicants intentions of completing the study. Commissioner Mirjahangir asked if the site characterization would take place if the Zone Case was denied. Legal Council, Art Folger stated that the site has been declared a harzardous waste dump and the applicant will have to do a site characterization to do anything with the land. ON MOTION BY SCHUMACHER AND SECOND BY ERSKINE ZONE CASE 84-3/NEGATIVE DECLARATION 84-11 WAS DENIED WITH A FINDING BY THE FOLLOWING VOTE: FINDING: 1. The proposed zone change can be detrimental to the health, safety and welfare of the community without specific information generated by the site characterization. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None TENTATIVE TRACT NO. 9653/NEGATIVE DECLARATION 84-35 Applicant: Wal en $ Associates A request to subdivide a 1.09 acre parcel into five lots located on the west side of Delaware Street north of Utica Avenue. Mike Adams made the staff presentation. (1300d)- P.C. Minutes -13- September 18, 1984 The public hearing was opened. Dave Walden, the applicant, stated that he was in agreement with the conditions of the staff report. There were no other persons to speak for or against the proposal, and the public hearing was closed. Commissioner Schumacher commented that there was discussion at the Subdivision meeting which advised them that borings could not be obtained from the site because the site had been used as a fill area in the past. She questioned if Condition 8 is strong enough to handle whatever might be there: Mike Adams responded that staff felt that five feet of soil removal and replacement would be sufficient to cover the concerns on this particular site. ON MOTION BY ERSKINE AND SECOND BY HIGGINS TENTATIVE TRACT NO. 9653/NEGATIVE DECLARATION 84-35 WAS APPROVED WITH CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF APPROVAL: 1. The proposed subdivision of this 1.09± acre parcel of land zoned R2-0 (Medium Density Residential with Oil Production) is proposed to be constructed having 16.5 units per gross acre. 2. The lot size, depth, frontage, street widths, and all other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City, and in compliance with the State Map Act and City Subdivision Ordinance. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium density residential was placed on the property. The proposed project complies with the land use element and all other elements of the General Plan. CONDITIONS OF APPROVAL: 1. The map received and dated September 5, 1984 shall be the approved layout for this 5-lot subdivision. 2. Delaware Street shall be reconstructed to the centerline of the street. 3. No driveway access to Delaware Street shall be allowed for lots 4 and S. Access shall be taken through use of access easement from Summersmoke Circle. 4. Summersmoke Circle shall be a public street and shall be designed to tie into California Street per the City's Street Knuckle standard. (1300d) P.C. Minutes -14- September 18, 1984 5: A six-foot block wall or other mutually agreeable fencing material subject to review by Deppartment of Development Services and Public Works shall be constructed per city standards adjacent to the park site to the north of the tract. 6. The existing catch basin on Delaware Street shall be reconstructed to accept flow from the south. 7. Provision for drainage from existing lake to Delaware Street storm drain shall be accomplished subject to the approval of the Public Works Department. The existing ditch through the proposed development shall not be abandoned until another drainage system is constructed. 8. The top five feet of soil shall be removed and the underlying material examined by a soils engineer. The soils engineer shall provide additional borings and recommendations, ecaluating the remaining fill material, in a soils report to be provided to the City. 9. A temporary turn -around subject to the approval of the Fire Department of Summersmoke Circle until such time as the interconnection is made to California Street. 10. A fire hydrant shall be located at the western terminus of Summersmoke Circle, subject to the approval of the Fire Department. AYES: Higgins, Winchell, Livengood, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None SPECIAL SIGN PERMIT NO. 84-7 Applicant: Ken Reynolds A request to permit a third freestanding pole sign adjacent to a planter within a shopping center parking lot. Mike Adams indicated that the sign does not conform to Section 9760.7(a) requiring all freestanding signs to be placed within a landscaped planter. Also, the sign does not comply with Section 9760.7(c) which requires pole signs to be a minimum of 600 feet apart. The public hearing was opened. Ken Reynolds, representing the property owners and eleven tenants of the shopping center spoke in favor of the project. He indicated that the store owners need more street identification to attract .customers. He stated that the sign could be located in the landscape area. (1300d) P.C. Minutes -15- September 18, 1984 The public hearing was closed. ON MOTION BY ERSKINE AND SECOND BY WINCHELL SPECIAL SIGN PERMIT NO. 84-7 WAS DENIED WITH FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The proposed sign would constitute a grant of special privilege inconsistent with other properties in the vicinity. 2. Sufficient signage exists on the premises for a neighborhood commercial center of this size and shape. 3. Because of the location of this neighborhood commercial center and its proximity to residences, the number of signs permitted on the premises should be consistent with the code to reduce excessive lighting impacts from signs. 4. The proposed sign would adversely affect other signs in the area. 5. The proposed sign would be detrimental to the surrounding properties in the vicinity. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None TENTATIVE TRACT NO. 12280/SITE PLAN AMENDMENT NO. 84-013 TO CONDITIONAL USE PERMIT NO. 77-23 Applicant: Seacli Estates A request to re -subdivide 10 existing vacant residential lots into a different configuration and orientation to adjacent property. Mike Adams presented an overview of the proposed project. The public hearing was opened. Dave Eadie, representing the applicant, indicated that they were in agreement with the staff assessment and conditions of approval. The public hearing was closed. ON MOTION BY WINCHELL AND SECOND BY HIGGINS TENTATIVE TRACT NO. 12280/SITE PLAN AMENDMENT NO. 84-013 TO CONDITIONAL USE PERMIT NO. 77-23 WAS APPROVED WITH CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE: FINDINGS - TENTATIVE TRACT NO. 12280 AND SITE PLAN AMENDMENT NO:.84-013: 1. The proposed project is in conformance wih the City's adopted General Plan. (1300d) P.C. Minutes -16- September 18, 1984 2. The proposed project will not have an adverse impact on surrounding land uses. 3: Lot width, depth, and size, together with all other subdivision improvement designs, are consistent with City standard plans and specifications as well as with the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 12280: 1. The tentative map received September 14, 1984 shall be the approved layout. 2. All previous conditions of approval imposed upon Tentative Tract No. 10069 shall apply. CONDITIONS OF APPROVAL - SITE PLAN AMENDMENT NO.84-013: 1. The -plan received and dated September 14, 1984 shall be the approved layout. 2. All previous conditons of approval imposed on Conditional Use Permit No. 77-23 shall apply. AYES: Higgins, Winchell, Livengood, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ITEMS NOT FOR PUBLIC HEARING: ITEM D-1 REDEVELOPMENT PROJECT AREAS Applicant: City of Huntington Beach Florence Webb made the staff presentation on designation of Redevelopment Project Areas and adoption of Preliminary Plans for Commodore Circle and Ascon Redevelopment Areas. Chairman Livengood stated concern due to the fact that the commission has not had the opportunity to review these plans as they were just handed out at the meeting. He recommended that this item be continued for two weeks to allow the Commissioners time to review the plans. ON MOTION BY ERSKINE AND SECOND BY WINCHELL THE REDEVELOPMENT PROJECT AREAS FOR COMMODORE CIRCLE AND ASCON REDEVELOPMENT AREAS WERE CONTINUED TO OCTOBER 2, 1984, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None (1300d) P.C. Minutes Livengood, Erskine, Schumacher, -17- September 18, 1984 1 J ITEM E-1 REDEVELOPMENT PLANS AND DRAFT EIR'S FOR HUNTINGTON CENTER ANT) TAT.PRT 9AP PDA-TPrTAAPAC >licant: City of Huntington Beach Florence Webb made staff presentation indicating that two meetings for the property owners, tenants, and business' on this matter have been scheduled. ON MOTION BY ERSKINE AND SECOND BY HIGGINS THE PLANNING COMMISSION RECEIVED THE DRAFT EIR'S AND TALBERT GAP EIR AND PUBLIC HEARING SET FOR OCTOBER 2, 1984, BY THE FOLLOWING VOTE: AYES: Higgins; Winchell, Livengood, Schumacher, Mirjahangir NOES: None ABSENT: Porter ABSTAIN: None ITEM F - PENDING ITEMS Mike Adams indicated that a new pending item list had not been prepared. UPDATE OLD WORLD Glen Godfrey stated that staff has met with the applicant and has established areas where the additional 400 parking spaces within 400 feet of the site could be located. The applicant is trying to obtain permission from Goldenwest College for the parking. The City has requested that the required portable restrooms be phased in. Secretary Palin indicated that they cannot expand to the 250 table occupancy until they get written permission for additional parking from Goldenwest College. PLANNING COMMISSION ITEMS: Commissioner Schumacher stated that she didn't feel that the Redevelopment Plan for the Mud Dump addressed the problem in this area. She recommended that the report be more specific and address the real problems. Chariman Livengood indicated that the first meeting in November is the general election and questioned whether the Planning Commission meeting should be held. It was decided that the November meetings would be scheduled for the 13th and 27th. DEVELOPMENT SERVICES ITEMS: Secretary Palin reviewd the actions taken by the City Council at its most recent meeting for the information of the commission. (1300d) P.C. Minutes -18- September 18, 1984 1 ADJOURNMENT: The Chairman adjourned the meeting at 10:40 P.M. to the next regular meeting of October 2, 1984. James W. Palin, Secretary Thomas Liven ood Ch irman jr (1300d) P.C. Minutes -19- September 18, 1964