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HomeMy WebLinkAbout1988-08-02APPROVED 9/7/88 MINUTES HUNTINGTON BEACH PLANNING COMMISSION AUGUST 2. 1988 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega P P Higgins, Kirkland A. CONSENT CALENDAR A-1 MINUTES - Planning Commission meetings June 7, June 8, June 21, June 22, July 6, 1988 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO APPROVE JUNE 8, JUNE 21, JUNE 22 AND JULY 6, 1988 PLANNING COMMISSION MEETING MINUTES, AS SUBMITTED, WITH THE FOLLOWING ABSTENTIONS: HIGGINS (JUNE 8), KIRKLAND (JUNE 22), SLATES (JULY 6), BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: As stated in motion MOTION PASSED A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO APPROVE JUNE 7, 1988 PLANNING COMMISSION MEETING MINUTES, WITH AMENDMENTS, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Livengood, Leipzig, Ortega, Kirkland NOES: None ABSENT: None ABSTAIN: Higgins MOTION PASSED B. ORAL COMMUNICATIONS Recognition of Planning Commission service plaques were presented by Chairman Leipzig to past Commissioners Kent Pierce and Jean Schumacher; Councilwoman Winchell was present for the plaque to Jean Schumacher. Commissioner Ortega was presented a plaque from Councilwoman Winchell from City Council recognizing her appointment to the Planning Commission. .01 C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT N0, 88-14 WITH SPECIAL PERMITS/ TENTATIVE TRACT 13559/COASTAL DEVELOPMENT PERMIT NO. 88-13 (CONTINUED FROM JULY 19, 1988 MEETING) APPLICANT: VISTA CATALINA This project was continued from the July 19, 1988 Planning Commission meeting due to a 3 to 3 vote by the Commission. Previously, this item was continued from the July 6, 1988 meeting at the applicant's request, and from the June 21, 1988 meeting due to a 3 to 3 vote by the Commission. The public hearing was closed on June 21, 1988. Conditional Use Permit No. 88-14 with Special Permits, Tentative Tract 13559 and Coastal Development Permit No. 88-13 constitute a request to develop a 3-story, 32-unit condominium project with subterranean parking. The site is located in the Downtown Specific Plan Area at the northeast corner of Pacific Coast Highway and Sixteenth Street and is currently vacant except for one residence, which will be removed. A portion of the alleyway parallel to Pacific Coast Highway will be vacated and made a part of the project. There are six special permit requests in conjunction with the Conditional Use Permit as follows: to allow 13.75 percent compact parking spaces in lieu of 100 percent standard size spaces; an 8 foot average upper story setback in lieu of 10 feet; a 25 foot-8 inch wide vehicular accessway in lieu of 28 feet; to reduce the area and dimension of private open space and divide private open space into two areas for eleven units; to permit up to 2 feet encroachment of patios into front yard and exterior side yard setbacks; and to permit 6 feet-8 inch exterior side yard setback for subterranean parking structure in lieu of 10 feet. ENVIRONMENTAL STATUS: The proposed project is covered by Environmental Impact Report No. 82-2 pursuant to Section 15182 of the California Environmental Quality Act. No further environmental review is necessary. COASTAL STATUS: The proposed residential project is subject to approval of a coastal development permit because it is located within the coastal zone under appeal jurisdiction to the California Coastal Commission. SPECIFIC PLAN: The subject property is located within the Downtown Specific Plan, District 2 (Residential) and is subject to the development standards of that plan. PC Minutes - 8/2/88 -2- (1116d) STAFF RECOMMENDATION: Staff recommends approval of -Conditional Use Permit No. 88-14 with Special Permits, Tentative Tract 13559 and Coastal Development Permit No. 88-13 with the findings and conditions of approval. A discussion regarding the project ensued. Objections to the closing of the alley, non-compliance with the specific plan and calculations that determined half -block consolidation were addressed by Commissioner's Ortega, Leipzig and Livengood. Commissioner Kirkland stated -he had reviewed the tapes and public hearing comments from previous meetings and was ready to vote on the 'project. It was suggested that the findings for the special permits be further clarified and that the policy for closing alleys be reviewed and discussed at a later date. A MOTION WAS MADE BY SLATES, SECOND BY SILVA, TO APPROVE CONDITIONAL USE PERMIT NO. 88-14-.WITH'SPECIAL PERMITS, TENTATIVE.TRACT 13559 AND COASTAL DEVELOPMENT PERMIT NO. 88-13, WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Higgins, Kirkland NOES: Livengood, Leipzig, Ortega ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY SLATES, SECOND BY HIGGINS, TO AMEND THE MOTION TO APPROVE BY ELIMINATING THE MELLO BILL REQUIREMENT FROM THE CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Higgins, Kirkland NOES: Leipzig, Ortega ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO -88-14: 1. The proposed 32-unit condominium project 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. PC Minutes - 8/2/88 -3- (1116d) 2. The proposed 32 unit condominium project is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The proposed 32 unit condominium project is compatible with existing and proposed uses in the vicinity. 4. The proposed 32 unit condominium project is in conformance with the adopted Design Guidelines for the Downtown Specific Plan. 5. Architectural features and general appearance of the proposed 32 unit condominium project will enhance the orderly and harmonious development of the Downtown Specific Plan area. 6. The location, site layout, and design of the proposed 32 unit condominium project properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. FINDINGS -FOR APPROVAL - SPECIAL PERMITS 1. The following special•permits for deviations to the requirements of the Downtown Specific Plan promote a better living environment and provide maximum use of the land in terms of site layout and design: a. A total of 8.6% compact parking spaces (7 spaces) in lieu of 100% standard size spaces b. An 8 foot average upper story setback in lieu of 10 feet c. Reduction of the area and dimension of private open space and division of open space into two areas for eleven units d. Up to 2 feet encroachment of patios into front yard and exterior side yard setbacks e. A 6 foot 8 inch exterior side yard setback for a subterranean parking structure in lieu of 10 feet. 2. The approval of the special permits will not be detrimental to the general health, welfare, safety, and convenience of the neighborhood in general, nor detrimental or injurious to the value of property or improvements in the neighborhood. 3. The special permit requests are consistent with the objectives of the Downtown Specific Plan in achieving a development adapted to the parcel and compatible with the surrounding environment. 4. The special permits are consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act. PC Minutes - 8/2/88 -4- (1116d) 1 FINDINGS FOR APPROVAL - TENTATIVE TRACT 13559: 1. The size, depth, frontage, street width, and othLmr design features of the proposed one lot subdivision for condominium purposes and alley vacation are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time the land use designation and Downtown Specific Plan, District 2 zoning designation were placed on4the subject property and will accommodate the development of 32 condominiums. 3. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for.the implementation of this type of housing. 4. The site is relatively flat and physically suitable for the proposed density of 23.7 units per gross acre. 5. The tentative tract is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 88-13: 1. The proposed 32-unit condominium project conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. 2. Coastal Development Permit No. 88-13 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 32 unit condominium project can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed 32-unit condominium project conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The Mello Bill Affordable Housing Requirement, Government Code Section 65590(d), is satisfied in the following manner: a. the City has provided density bonuses within three miles of the coastal zone which have provided affordable housing b. Due to the location and economics involved it would not be feasible to develop affordable housing on this site. The value of the land coupled with the need to provide subterranean parking on site would prohibit the ability to provide for affordable housing. PC Minutes - 8/2/88 -5- (1116d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 88-14: 1. The site plan, floor plans, and elevations received and dated July 12, 1988, shall be the approved layout, subject to the following modifications: a. Patio walls facing interior -side and rear yards shall be extended to the property lines. b. Parking spaces numbered 19, 20 and 68 shall be a minimum 12 feet wide. c. Elevations shall be modified per Design Review Board recommendations to reflect additional building movement and, upper story -setback along Sixteenth Street elevation by offsetting the units 2 to 4 feet while maintaining an average setback of 15 feet and along the Pacific Coast Highway elevation by offsetting the outer walls of the upper floor end units a minimum of 2 feet and shall be subject to Design Review Board approval. d. Floor plans shall be revised to reflect recreation room adjoining central courtyard. 2. Prior to issuance of building permits, the following shall be completed: a. Submit a landscape and irrigation plan to the Department of Community Development, Public Works Department and Design Review Board for review and approval. Landscaping shall comply with the Downtown Specific Plan and Article 960 of the Huntington Beach Ordinance Code. Plant material.as specified in the Downtown Specific Plan shall be used. Landscape shall include on -site plants as well as proposed landscaping in the public right-of-way. b. Submit 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. C. A lighting plan for vehicular accessways and major walkways shall be submitted to and approved by the Planning Director. d. All applicable Public Works fees shall be paid. e. An interim parking and/or building materials storage plan shall be submitted to assure adequate parking is available for employees, customers, contractors, etc. during the project's construction phase. f. Final Tract Map No. 13559 shall be accepted by City Council and recorded with the County Recorder's Office. PC Minutes - 8/2/88 -6- (1116d) 1 g. Applicant shall submit a copy of revised plans pursuant to Condition No. 1 for file. h. A grading plan shall be submitted to and approved by the Department of Public Works. i. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include`on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. j. A parking management plan shall be submitted to the Department of Community Development for review and approval to assure appropriate distribution of compact parking stalls. k. All backflow devices, Edison transformers and other equipment shall be shown on the site plan and shall be located out of the front and exterior side yard setbacks, where feasible. All such equipment shall be screened with landscaping or in another manner approved by the Department of Community Development. 1. A fire protection plan shall be submitted to the Fire Department for approval and shall include provisions for project security and operation of fire sprinklers during construction. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 5. Water mains shall provide for a minimum fire flow of 3,600 GPM. 6. Street and alley improvements shall be completed prior to starting combustible construction. 7. Fire hydrants and water mains shall be completed and operable prior to combustible construction. 8. Automatic sprinkler systems shall be installed throughout the project per Fire Department requirements. 9. A Class III wet standpipe system (combination) shall be installed to comply with Huntington Beach Fire Department and Uniform Building Code standards. PC Minutes - 8/2/88 -7- (1116d) 10. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code standards. The system will provide the following: a. Water flow, valve tamper, and trouble detection. b. 24-hour supervision c. Annunciation d. Graphic display 11. Two (2) fire hydrants shall be installed prior to combustible construction. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. 12. Elevators shall be sized to accommodate an ambulance gurney. Minimum 6 foot-8 inches wide by 4 feet-3 inches deep with a minimum 42 inch opening. 13. Security gates shall be designed to comply with Huntington Beach Fire Department Standard No. 403, and configuration shall be subject to Public Works Department approval. 14. Address numbers shall be installed to comply with Huntington Beach Fire Code standards. The size of the numbers will be as follows: a. The number for the building will be sized a minimum of 10 inches with a brush stroke of 1-1/2 inches. b. Individual units will be sized a minimum of 4 inches with a brush stroke of 1/2 inch. 15. A centralized mail delivery facility shall be provided which is architecturally compatible with the main structure. 16. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 17. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 18. Low -volume heads shall be used on all spigots and water faucets. 19. 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. 1�' 1 PC Minutes - 8/2/88 -8- (1116d) 0 20. A minimum of 100 cubic feet of storage area shall be provided for each unit in over -hood storage lockers in the garage. 21. The development shall comply with all applicabld'provisions of the Ordinance Code, Building Division, and Fire Department. 22. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. CONDITIONS OF APPROVAL - TENTATIVE TRACT 13559: 1. The tentative tract map dated June 13; 1988, shall be revised to show: a. 2-1/2 foot of dedication in the alley parallel to Sixteenth Street. b. 5 feet of dedication in the alley parallel to•Pacific Coast Highway. c. The existing alley right-of-way widths adjacent to and opposite from the project boundaries. d. The ultimate distance of 29-1/2 feet from the street centerline to the curb and 8 foot wide parkway. e. A 27 foot right-of-way radius at Pacific Coast Highway and Sixteenth. 2. The 11 foot wide parkway on Pacific Coast Highway shall be constructed with an 8 foot sidewalk adjacent to the curb. 3. The curb and gutter on Sixteenth Street shall be reconstructed at 29-1/2 feet from the centerline from Pacific Coast Highway to Walnut. The corner curb radii shall be 35 feet on Pacific Coast Highway and 30 feet on Walnut. The sidewalk shall be 6 feet wide and adjacent to the curb. 4. Street lights shall be constructed per the City Electrician's requirements. :5. All utilities in the vacated alley shall be removed and reconstructed per the respective utility owner's requirements. 6. All access rights to Pacific Coast Highway and Sixteenth Street shall be dedicated to the City except at the approved driveway location. 7. The developer shall construct a 12 inch PVC water main in Sixteenth Street, from Pacific Coast Highway to the tract's northerly boundary. PC Minutes - 8/2/88 -9- (1116d) 8. All water services shall be taken from Sixteenth Street or Pacific Coast Highway and locations shall be approved by the Water Division as early as possible in the planning process. 9. Backflow device location shall be approved by the Water Division, prior to issuance of building permits. 10. An 8 inch sewer main is required to be constructed in Sixteenth Street and Walnut Avenue, to the County Trunk manhole at Walnut Avenue and the alley. 11. CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development prior to recordation of the final map, in accordance with the Downtown Specific Plan. C-2 CONDITIONAL USE PERMIT NO, 88-22 APPLICANT: WEST COAST SOCCER LEAGUE Conditional Use Permit No. 88-22 is a request to permit as an annual event an ethnic festival (Oktoberfest) from mid -September through mid -November at the Old World Village. This type of festival has been an annual event since 1978. In 1983, Conditional Use Permit No. 83-20 was filed and approved to allow the festival each year until 1987. ENVIRONMENTAL STATUS: The proposed project is exempt Class 4 Section 15304 from the provisions of the California Environmental Quality Act. SPECIFIC PLAN: The proposed Oktoberfest is to be held on Site II of the North Huntington Center Specific Plan. Permitted Uses section allows this type of activity subject to a conditional use permit. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-22 with findings and .conditions of approval. THE PUBLIC HEARING WAS OPENED Ron Pattinson, representing the applicant, spoke in support of the request and urged the Planning Commission to approve staff's Alternative B. He said the applicant has cooperated with the City for ten years and there has been no major police incidents resulting from Oktoberfest. He requested deletion of condition la regarding elimination of seating area. PC Minutes - 8/2/88 -10- (1116d) L Bern Bischof, applicant, spoke in support of the request. He requested that condition 14.g, requiring a tow truck on -site, be amended requiring a'tow truck to be on -call. Jose Bischof, applicant, spoke in support of the request. He urged the Commission to allow a seating capacity of 1,450. He stated for the past 10 years he has invited two bands, direct from Germany, to attend and perform at the Oktoberfest and the 1,450 seating capacity is needed to cover his expenses. Paul Portner, 434 Schooner Way, Seal Beach, relayed to the Commission a bad incident experienced at last year's Oktoberfest resulting in an injury to one of his friends and urged the Commission to require stronger security. There were no other persons present,to speak for or against the request and the public hearing was closed. Occupancy and parking problems were discussed by the Commission. It was agreed that an annual review was helpful in monitoring problems during the festival, however some of the Commission did feel that the occupancy should be limited to 1,200 on special nights as suggested by the Police Department. Hours for outside activities were set for each night of the festival. A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 88-22 FOR 5 YEARS WITH AN ANNUAL REVIEW, WITH AN OCCUPANT LOAD OF 1,200 AND 1,450 ON SPECIAL NIGHTS, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Higgins, Kirkland NOES: Ortega ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The proposed Oktoberfest event for a maximum five year period with annual review with the conditions imposed is compatible with surrounding land uses which are residential and commercial in nature. 2. The proposed Oktoberfest event with the conditions imposed will not have a detrimental effect on the surrounding properties. 3. Conditional Use Permit No. 88-22 is consistent with the goals and policies of the General Plan. PC Minutes - 8/2/88 -11- (1116d) CONDITIONS OF APPROVAL: 1. The seating plan dated June 8, 1988, shall be revised to reflect the following: a. Remove fence and wall from south outdoor area. b.-Relocate food service entrance and exit to south outdoor area. c. Location of a maximum of two portable toilets outside the festival hall on common area. d. Trash area in a location acceptable by Public Works and Community Development Department. 2. Prior to future Oktoberfest annual events, approval by the Planning Commission must be granted. Requests for subsequent events shall be made no later than February prior to each future event; with review and public hearing by Planning Commission no later than March. The Planning Commission shall review and evaluate past events for compliance with all conditions of approval and determine the need for new or modification of conditions of approval. The Planning Commission may approve, conditionally approve or deny such requests. 3. The event may be terminated immediately by City.staff and/or the City Police Department if any of the conditions of approval as set forth in this conditional use permit are not completed and/or complied with. This condition shall -not iri any way limit the City or the Police Department powers should any other violations of City Codes and Ordinances occur. 4. The annual Oktoberfest shall be limited to between mid -September through mid -November with specific dates designated at the time of annual review. The hours of operation shall be limited to: Day of the Week Wednesday and Thursday Friday Saturday Sunday Hours of Operation 7:00 PM - 11:00 PM 6:30 PM - 1:00 AM 6:30 PM - 1:30 AM 2:00 PM - 9:00 PM All outside activity shall cease at 10:00 PM on Wednesday and Thursday, 9:00 PM on Sundays, and 12:30 AM on Fridays and Saturdays. Clean up of the site shall not include the use of any machinery or equipment that may disturb the residents in the village. G PC Minutes - 8/2/88 -12- (1116d) 5. The Planning Director shall have the discretion to employ a professional sound engineer at the applicant's expense to monitor the noise levels on the premises and recoEnmend method of control, if necessary, to the Director. 6. The operation of the,Oktoberfest shall comply with the Noise Ordinance of the Huntington Beach Municipal Code and conditions herein. 7. All Fire, Building, Municipal and Zoning Ordinances of the City will be strictly complied with.and will be applied to the operation of this event in the same manner as they applied to every other event in the City. 8. Parking shall be prohibited on•Center Drive and Huntington Village Drive during the Oktoberfest. The applicant shall coordinate with the Public Works Department to install temporary "no parking" signs on Huntington Village Way and a temporary stop sign on weekends only at Center Drive, at the applicant's expense. 9. The westerly parking lot (on Center Drive) at Old World Village shall not be used by Oktoberfest patrons. 10. Any proposed fencing shall be subject to the absolute discretion of the Huntington Beach Fire Department to assure adequate fire access lanes are maintained. Location and type of temporary seating shall be subject to Fire Department control. 11. No permanent structures shall be a part of the approval of the conditional use permit. No structure shall be removed during the Oktoberfest event without the written approval of the Department of Community Development. 12. Four hundred (400) off -site parking spaces shall be provided within 500 feet of the event. _Temporary traffic signage shall be installed to direct traffic to the off -site parking areas. 13. Prior to operation of the annual event, the following shall be submitted and/or completed at least 30 days prior .to the event: a. Submit evidence of liability insurance and property damage, including product liability, coverage that has been approved by the City's Risk Manager. Such coverage shall be written by an insurance company acceptable to the City in the minimum limits as set by resolution of the City Council. The Old World Owner's Association, City of Huntington Beach, and One Pacific Plaza shall be included as additional insureds at the applicant's expense. The insurance policy shall be made available to the public upon request. PC Minutes - 8/2/88 -13- (1116d) b. Provide a written contract for a professional security service to be approved by the City Police Department. Such contract shall include the number of security personnel, the quality of the pesonnel hired, and areas and hours to be patroled. The security service shall patrol the common area, parking lots, and buildings at Old World during the Oktoberfest hours of operation and for one hour beyond the closing time of each night of the event. C. Prior to the annual event submit to the Department of Community Development a reciprocal parking agreement to use off -site parking areas pursuant to -Condition 12 above. d. Submit to the Department of Community Development for a traffic control plan approved by the Departments of Public Works, Police and Fire to minimize vehicle and pedestrian traffic through the residential areas of Old World. The plan shall include barricades, and security people to handle this condition. e. Submit to the Fire -Department for review and approval a plan depicting location -of food and beverage sales, method to be used to monitor occupant loads, and areas,where additional exits will be provided, if required. No later than two (2) weeks prior to the initial opening of the Oktoberfest, applicant shall have a Fire Department inspection and approval of the physical set-up of seating area. A copy of the approved layout, in scale, shall be,submitted to -the Planning Division and -Fire Department,and a copy of the approved layout shall be kept on the premises at all times for reference. f. Submit to the Department of Community Development a plan depicting location of eight portable bathrooms, none of which shall be placed within the common area except as approved by the association. g. Obtain a Certificate to Operate from the Department of Community Development. Such certificate shall not be issued until completion of required conditions. h. Obtain approval -from the Fire Department for specific dates. to allow the 1,450 occupant load for six "special" nights. 14. During the annual event, the applicant shall: a. Have the occupant load monitored by Fire Department personnel at the applicant's expense. b. Discontinue the applicant's use of all outside speakers during the Oktoberfest. PC Minutes - 8/2/88 -14- (1116d) J c. Provide eight (8) portable bathrooms to accommodate Oktoberfest patrons.. d. Provide fire personnel -to act as fire watch on the six "special" nights. e. Have all exit signs illuminated in a manner pursuant to Fire Department specifications. f. Provide a tow truck service on -site to immediately clear fire lanes. g. Provide a security guard in the east and west parking lots to maintain clear fire lanes and coordinate with the tow truck operations. h. Be required to alter the seating/exiting plan when determined necessary by the Fire official. i. 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. j. Additional security shall be provided one hour beyond closing each night of the event. 15. Following completion of the event, the applicant shall: a. Remove any temporary structures within 3 days after the conclusion of the Oktoberfest. b. Submit a written request for an annual review prior to February of the following year. Failure to do so will require the Oktoberfest to be subjected to a new conditional use permit. 16. Oktoberfest is hereby approved for a maximum five (5) years with annual review by the Planning Commission. The maximum occupant load is 1,200 persons; 1,450 during six designated nights. A Pre-Oktoberfest celebration (Beerfest) is also approved for two weeks prior to Oktoberfest with maximum 700 occupant load. C-3 CONDITIONAL USE PERMIT NO, 88-24 APPLICANT: MICHAEL HASKINS Conditional Use Permit No. 88-24 is a request to allow the establishment of a 4,800 square foot health and aerobic club in three vacant commercial suites located in Huntington Harbour Mall (16863-1/2, 16865-1/2, and 16857-1/2 Algonquin). The Mall, which is surrounded by various types of residential development, contains a mix of uses ranging from restaurants to professional offices. PC Minutes - 8/2/88 -15- (1116d) ENVIRONMENTAL STATUS:. The proposed project is exempt Section 15301; Class 1 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-24 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED There was -no one present to speak for or against the request and the public hearing was closed. i ,A MOTION WAS MADE BY ORTEGA,•SECOND BY SILVA, TO APPROVE CONDITIONAL USE PERMIT NO. 88-24 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: _Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the health club 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 Conditional Use Permit No. 88-24 for a health club will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposed health club is consistent with the goals and objectives of the City's General Plan and Land Use Map. ; 4. The combination and relationship of the proposed health club to another in the Mall are properly integrated. 5. The access to and parking for the proposed health club will not create an undue traffic problem. PC Minutes - 8/2/88 -16- (1116d) CONDITIONS OF APPROVAL: 1. The site plans, floor plans and elevations received and dated July 18, 1988, shall be the approved layout. 2. The proposed use shall comply with all applicable provisions of the City's Ordinance Code and Building Division. 3. The proposed business facade shall be architecturally compatible with existing structures. 4. Signage for the proposed health club shall comply with Planned Sign Program No. 87-5 for the Huntington Harbour Mall. 5. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and Standards. 6. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. 7. The applicant shall provide bicycle racks. 8. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C-4 APPEAL OF PLANNING DIRECTOR'S DETERMINATION TO PREPARE AN ENVIRONMENTAL IMPACT REPORT TO ANALYZE ZONE CHANCE NO, 88-7, CONDITIONAL USE PERMIT NO, 88-16 AND TENTATIVE TRACT NO, 13269 APPLICANT: THE DAHL COMPANY Pursuant to Section 9726 of Article 972 of the Huntington Beach Ordinance Code, the Dahl Company is appealing the Planning Director's determination to prepare an environmental impact report to analyze Zone Change No. 88-7, Conditional Use Permit No. 88-16 and Tentative -Tract No. 13269. Zone Change No. 88-7, Conditional Use Permit No. 88-16 and Tentative Tract 13269 is a request to rezone 4.86 acres from Residential Agriculture (RA) to (Q)Low Density Estate Residential and create a 12 lot subdivision on the east of Edwards Street, approximately 330 feet south of Ellis Avenue. The environmental impact report will analyze cumulative environmental impacts associated with the site and the general area. STAFF RECOMMENDATION: Deny the applicant's appeal with findings and uphold the Planning Director's determination to prepare an environmental impact report. Commissioner Silva announced he would be abstaining on this item due to the Fair Political Practices Act. PC Minutes - 8/2/88 -17- (1116d) THE PUBLIC HEARING WAS OPENED David Dahl, applicant, spoke in support of his appeal. He stated that his 5 acre development will not have a significant impact on the environment and that even when viewed cumulatively with other proposed developments, the existing General Plan and municipal infra -structures, when combined with reasonable mitigation measures, are adequate to accept the development. He feels that requiring an environmental impact report will cause cumulative harm and change the economic balance. There were no other persons present to speak for or against the appeal and the public hearing was closed. A MOTION WAS MADE BY KIRKLAND, SECOND BY SLATES, TO APPROVE THE APPLICANT'S APPEAL OF THE PLANNING DIRECTOR'S DETERMINATION TO PREPARE AN ENVIRONMENTAL IMPACT REPORT, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None , ABSTAIN: Silva MOTION PASSED FINDINGS FOR APPROVAL: 1. Based upon preliminary environmental information presented by the applicant, the 4.86 acre development appears not to have a substantial impact on the environment. The site is relatively flat, is abutting two existing arterials, has adequate vehicular access and is at the periphery of the Ellis/Goldenwest special study area. 2. Even when viewed cumulatively with other proposed developments, the existing General Plan and municipal infra -structures, when combined with reasonable mitigation measures, are adequate to accept the development. The development is site specific and will not affect the cumulative impacts of the area. C-5 SPECIAL SIGN PERMIT NO, 88-2 APPLICANT: BRUCE WINSLOW, SEARS SURPLUS STORE Special Sign Permit No. 88-2 is a request to repair and maintain an existing nonconforming freestanding sign identifying the Sears Surplus Store at the commercial center located on the northeast corner of Adams Avenue and Magnolia Street. The sign panels had been wind damaged. Section 9610.8 of the Huntington Beach Ordinance Code prohibits any alteration, including sign face change, to a nonconforming sign. PC Minutes - 8/2/88 -18- (1116d) ENVIRONMENTAL STATUS: The proposed project is exempt Class 1 Section 15301 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Deny Special Sign Permit No. 88-2 with findings. THE PUBLIC HEARING WAS OPENED Bruce Winslow, applicant, stated the existing sign on the store was damaged by wind and the cost to repair it made it prohibitive. He asked the Commission to grant him a two year period in which to repair the existing sign. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY SILVA, SECOND BY SLATES, TO APPROVE SPECIAL SIGN PERMIT NO. 88-2 FOR A FIVE YEAR PERIOD, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Livengood, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Strict compliance with the sign code at the present time may result in a substantial hardship for the applicant. 2. The sign will not adversely affect other signs in the area if it is required to be removed within the time period specified. 3. The sign will not be detrimental to properties in the vicinity if it is required to be removed within the time period specified. CONDITIONS OF APPROVAL: 1. The site plan dated June 20, 1988, and sign elevations dated May 10, 1988, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $2,000 or its equivalent with the City and shall be approved by the City Attorney for the purpose of indemnifying the City for any and all costs incurred in the removal of the sign structure. If the sign is PC Minutes - 8/2/88 -19- (1116d) not made to conform with the applicable provisions of the sign ordinance or removed within five years from.the approval date, the City of Huntington Beach or its agents or employees may enter on the property,where said sign is -located and remove such sign, 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. 3. Special.Sign Permit No. 88-2 shall be valid for five years from date of Planning Commission approval or until August 2, 1993. C-6 SPECIAL SIGN PERMIT NO, 88-3 APPLICANT: HEATH AND COMPANY Special Sign -Permit No.`88-3 proposes two sign vari-ances: (1) To permit an additional wall sign (182,square feet) which will exceed the maximum total sign area permitted for wall signs; and (2) A directional sign (15 square feet) in lieu of the maximum two square feet area allowed. The signs will provide increased visibility to traffic in and around the site. ENVIRONMENTAL STATUS: The proposed project is exempt Class 11 Section 15311 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: _- Approve Special Sign.Permit No,188-3 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED - Joe Beasley, applicant, -spoke in support of the request and asked for clarification of condition #2. There were no other -persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO APPROVE SPECIAL SIGN PERMIT NO. 88-3, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Livengood, Leipzig, Ortega, Higgins, Kirkland _ NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 8/2/88 -20- (1116d) FINDINGS FOR APPROVAL: 1. Special Sign Permit No. 88-3 for a 182 square foot additional wall sign and 15.5 square foot directional sign will not be detrimental to properties located in the vicinity. 2. Special Sign Permit No. 88-3 for a 182 square foot additional wall sign and 15.5 square foot directional sign will not adversely affect other signs in the area. 3. Strict compliance with 5.9160.5, Permitted Sign Schedule of the Huntington Beach Ordinance Code, will result in a substantial hardship to the applicant. The wall sign is necessary for exposure to freeway and highway traffic. 4. The signs will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. CONDITIONS OF APPROVAL: 1. The site plan and sign elevations received and dated June 20, 1988, shall be the approved layout. 2. Prior to any additional sign requests within One Pacific Plaza, a revised planned sign program shall be reviewed and approved for all signing, proposed and/or existing. Said sign program shall identify all signs permitted by Special Sign Permit. The intent of this condition is not to preclude the issuance of building permits for the two signs included in Special Sign Permit No. 88-3. 3. The sign installation shall comply with all Building Division, Ordinance Code, and Public Works requirements. D. ITEMS NOT PUBLIC HEARING D-1 LIMITED SIGN PERMIT N0, 88-3 APPLICANT: George A. Pearson Limited Sign Permit No. 88-3 is a request to grant a 2-year extension of use for an approximately 17 foot high, approximately 182 square foot, internally illuminated non -conforming freestanding sign for the Shell Station located at 16990 Beach Boulevard. The Planning Commission may grant such approval pursuant to Section 9610.8(c) of the Huntington Beach Ordinance Code subject to specific findings. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Section 15311, Class 11(a) from the provisions of the California Environmental Quality Act. PC Minutes - 8/2/88 -21- (1116d) STAFF RECOMMENDATION: Approve Limited Sign Permit No. 88-3 for a one-year period of time with findings and conditions of -approval. A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE LIMITED SIGN PERMIT NO. 88-3 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN:• None MOTION PASSED FINDINGS FOR APPROVAL: 1. The sign will not adversely affect other lawfully erected signs in'the area. 2. The -sign will not be detrimental to properties located in the vicinity.' 3. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. •R 10. •1 a ; Wei 9 W.�;• -; 1. The 'site plan and elevation received and dated July 21, 1988, shall be the approved sign permit with the following modification: a. The panel advertising cigarettes shall•be removed. 2. Limited Sign Permit No. 88-3 shall be valid for up to two years (until August 12, 1990). 3. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $1,000 with -the City for the purpose of indemnifying -the City for any and all costs incurred in the removal of the freestanding pole sign. If the sign is 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. 1 11 PC Minutes - 8/2/88 -22- (1116d) D-2 REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 85-21 APPLICANT: COTTER'S TREE SERVICE Sonny Cotter of Cotter's Tree Service is requesting a one-year extension of time for Conditional Use Permit No. 85-21. Conditional Use Permit No. 85-21 is a request to permit a mulching operation (storage and grinding of wood products) and was approved by the Planning Commission on August 20, 1985. On May 6, 1986, the Planning Commission revoked Conditional Use Permit No. 85-21 based upon the applicants failure to comply with conditions of approval in a timely manner. The revocation was appealed by the applicant to the City Council. On June 16, 1986, the City Council referred back to the Planning Commission the possible reinstatement of the Conditional Use Permit by the Commission. At the Planning Commission meeting of July 1, 1986, the Commission reinstated Conditional Use Permit No. 85-21 based upon the applicant's compliance with all conditions of approval. Since the reinstatement, no violations to the City's knowledge have occurred. STAFF RECOMMENDATION: Approve a one-year extension of time for Conditional use Permit No. 85-21 to July 1, 1989, with all previous conditions of approval remaining in effect. Commissioner Slates expressed his concerns regarding the mulching operation. He feels code violations are occurring at the site (disabled trucks, odors, mulch piles above the fence, exit and entrance blocked) and the operation should not be allowed. Commissioner Silva suggested a two week extension so that code violations could be investigated. It was decided to place the mulching operation on the inquiries list to investigate/monitor code violations with a possible revocation if not complied with. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO APPROVE A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 85-21 TO JULY 1, 1989, WITH ALL PREVIOUS CONDITIONS OF APPROVAL REMAINING IN EFFECT, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: Slates ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 8/2/88 -23- (1116d) E. DISCUSSION ITEMS E-1 CODE AMENDD14EN� T NO. _a8-8," TEMPORARY USES A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO SCHEDULE CODE AMENDMENT NO. 88-8 FOR A PUBLIC HEARING ON AUGUST 1.6, 1988, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Livengood, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E-2 PROPOSED AMENDMENTS TO RESIDENTIAL DEVELOPMENT STANDARDS OF R1 DISTRICT (SINGLE FAMILY RESIDENTIAL) A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, DIRECTING -STAFF TO INCORPORATE PROPOSED AMENDMENTS, RESULTING FROM STRAW VOTES, TO RESIDENTIAL DEVELOPMENT STANDARDS AND PREPARE A CODE AMENDMENT; AND TO INVESTIGATE'ALL PARKING REQUIREMENTS IN RESIDENTIAL/COMMERCIAL•DISTRICTS, PREPARE AS 'A SEPARATE CODE -AMENDMENT, SCHEDULE A'STUDY SESSION PRIOR TO PUBLIC HEARING, WITH NOTIFICATION TO THE BOARD OF REALTORS AND HUNTINGTON BEACH-TOMORROW-GROUP'PRIOR TO THE STUDY SESSION/PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Kirkland - NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Silva, Leipzig, Ortega, Higgins, E-3 -PLANNING COMMISSION SUBCOMMITTEE LIST Representatives and alternates were assigned to•Planning Commission Subcommittee List. F. PLANNING COMMISSION INQUIRIES The following items were added to the inquiries list: LOSS OF EQUESTRIAN TRAIL ACCESS TO CENTRAL PARK DUE TO GRADING OF APPROVED SUBDIVISION - Chain link fence has been placed along the s-9uth side of Ellis Avenue closing access from the north side of Ellis to the south side in the swale area. PC Minutes - 8/2/88 -24- (1116d) u • �__ •� • �i• 1� '•Me 61 934 11. -.4 \ its IN M• • INVESTIGATE POOR LIVING CONDITIONS AT THE MUSHROOM FARM SITE G. PLANNING COMMISSION ITEMS I. The Commission requested the following: WATERFRONT MINORITY REPORT - ResDonse from Maver Corporation F. AHADPOUR HEARING - Minutes and conditions from Coastal Commission hearing "RAILS TO TRAILS- - RegVested that the Downtown Citizen's Advisory Committee's Rails to Trails plan be agendized for the August 16._ 1988 Planning Commission meeting • gel � ' • • � �ti None A MOTION WAS MADE AT 11:30 PM, BY LIVENGOOD, SECOND BY ORTEGA, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED MEETING TUESDAY, AUGUST 16, 1988, AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED MINUTES APPROVED: 911 L 6y��- Mike Adam , Secretary Victor Leipzig, Ch PC Minutes - 8/2/88 -25- (1116d)