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HomeMy WebLinkAbout1988-11-15APPROVED 1/4/89 MINUTES HUNTINGTON BEACH PLANNING COMMISSION NOVEMBER 15, 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 (Arrived 7:15 PM) Bourguignon, Higgins A. CONSENT CALENDAR A-1 MINUTES - OCTOBER 18 AND NOVEMBER 1, 1988 PLANNING COMMISSION MEETINGS A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO APPROVE OCTOBER 18 AND NOVEMBER 1, 1988 PLANNING COMMISSION MINUTES, AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED B. ORAL COMMUNICATIONS Commissioner Silva was congratulated on being elected to City Council. C. PUBLIC HEARING ITEMS C-1 CONDTIIONAL USE PERMIT NO, 88-44/CONDITIONAL EXCEPTION (VARIANCE) N0. 88-35 APPLICANT: RAMESH BAJARIA Conditional Use Permit No. 88-44 is a request to demolish an existing gas station, and remodel and expand an existing car wash with gas sales at 7949 Garfield Avenue. Conditional Exception (Variance) No. 88-35 is a request to allow the existing Beach Boulevard frontage of 128 feet in lieu of the required frontage of 150 feet, to reduce the required 10 foot wide landscape planter along Garfield to 6 feet and to provide no landscaping in lieu of required 3 feet wide planter along a portion of the northerly property line. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 2, Section 15302 of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-44 and Conditional Exception (Variance) No. 88-35 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Michael Cosenze, representing the applicant, spoke in support of the request. He said his applicant would not be able to comply with condition 2.f regarding consolidation of parcel 1 and parcel 2 because there are three parties involved in ownership. He asked that a reciprocal access agreement be required instead. He said that all other required conditions could be complied with. J. D. Jones, architect, spoke in support of the request. There were no other persons present to speak for or against the request and the public hearing was closed. Staff explained to the Commission that either a consolidation or receiprocal access agreement was necessary to ensure proper circulation on the site in order to prevent stacking on Beach Boulevard. City Attorney said a receiprocal access agreement could be required for the term of the 40 year lease. He further requested submittal of any agreements to the City Attorney's office for approval. PC Minutes - 11/15/88 -2- (1629d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO APPROVE CONDITIONAL USE PERMIT NO. 88-44 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 88-35 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 88-44: 1. The establishment, maintenance and operation of the full service car wash with gas sales 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 proposal to improve the existing car wash with gas sales is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The location, site layout, and design of the proposed full service car wash with gas sales properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 1. The granting of Conditional Exception (Variance) No. 88-35 for reduced street frontage and landscaping will not adversely affect the General Plan of the City of Huntington Beach. 2. Because of special circumstances applicable to the subject property, namely lot dimension, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 3. The granting of Conditional Exception (Variance) No. 88-25 for a reduction in required frontage from 150 feet to 128 feet is necessary in order to preserve the enjoyment of one or more substantial property rights. The site originally complied with minimum dimensions prior to street widenings. PC Minutes - 11/15/88 -3- (1629d) 4. The granting of Conditional Exception (Variance) No. 88-35 will not be materially detrimental to the public welfare, or injuriou to property in the same zone classifications. 5. The reduction in landscape planter widths will not be detrimenta to the public welfare due to the increased landscaped areas along Beach Boulevard and corner area of Garfield. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated October 14, 1988, shall be the approved layout with the following modifications: a. Designate parallel parking between the car wash and north property line as "employee parking only." b. Revision to parking summary to reflect 15 parking spaces required. c. Elimination of wheel stops in all compact spaces. d. Provide three landscaped planter fingers adjacent to the front of detail shop. 2. Prior to issuance of building permits, the following shall be submitted and/or completed: a. A Landscape Construction Set submitted to the Departments of Community Development and Public Works. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The landscape plan shall be in conformance with Section 9608 and 9220.14(f) of the Huntington Beach Ordinance Code. The set must be complete and approved by both departments prior to issuance of building permits." 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. c. A detailed soil analysis 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, utilities and status of existing underground gasoline storage tanks. PC Minutes - 11/15/88 -4- (1629d) d. A grading plan to the Departments of Public Works and Community Development for review and approval. e. An agreement to maintain the landscaped area within the public right-of-way. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. f. An irrevocable reciprocal access agreement between the two parcels shall be entered into. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. g. A plan shall be reviewed and approved that shows all signage on subject property brought into conformance with the Huntington Beach Ordinance Code. Such plan shall be complied with prior to final building permit approval. 3. Public Works requirements are as follows: a. Deterioriated public improvements shall be removed and replaced to the satisfaction of the Department of Public Works. b. Applicant shall pursue CalTrans approval of radius type driveways on Beach Boulevard. c. Driveway approaches shall be a minimum of 30 feet in width on Beach Boulevard and a minimum 27 feet in width with radius type construction on Garfield Avenue. d. Proposed driveways on Garfield Avenue shall be restricted to "entrance only" at easterly driveway, and "exit only" at westerly driveway. e. Street lights shall be constructed as required by the Department of Public Works. 4. Fire Department requirements are as follows: a. The project shall comply with Article 79 Division IX of the Huntington Beach Fire Code. b. A fire hydrant if determined necessary shall be provided on Beach Boulevard, north of Garfield in an area approved by the Fire Department. c. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. PC Minutes - 11/15/88 -5- (1629d) d. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred e. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. f. A lock "knox" box shall be installed at a location approvea by the Fire Department. g. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 5. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 6. The detail building shall not be used for vehicle repairs. 7. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 8. 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. 9. 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. 10. The development shall comply with all applicable provisions of the Ordinance Code, Building Code and Fire Department except as noted herein. 11. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 12. A Certificate of Occupancy shall be issued by the Department of Community Development as required by Section 9730.70 of the Huntington Beach Ordinance Code. 13. A review of the use shall be conducted within six (6) months of the date of this approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use permit No. 88-44, Conditional Exception (Variance) 88-35 may become null and void. 14. 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. PC Minutes - 11/15/88 -6- (1629d) C-2 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION VARIANCE) NO, 88-29 APPLICANT: ROBERT & SHEILA GOEBEL Conditional Exception (Variance) No. 88-29 is a request to permit a 6 foot high block wall to encroach 5 feet into the required 15 foot front setback located at 16201 Typhoon Lane. On September 21, 1988, the Zoning Administrator denied Conditional Exception (Variance) No. 88-29 with findings. Submitted for your consideration is the applicant's appeal to the action taken by the Zoning Administrator. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 5, Section 15305 of the California Environmental Quality Act. COASTAL STATUS: The subject property is located within the appealable section of the Coastal Zone. The project is exempt from a Coastal Development Permit pursuant to Section 989.5.3.b.4 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Deny the appeal and uphold the Zoning Administrator's denial of Conditional Exception (Variance) No. 88-29 with findings. THE PUBLIC HEARING WAS OPENED Robert Goebel, applicant/appellant, presented photographs of other homes in the area that were granted exceptions and spoke in support of the request. He said his family would like to construct a swimming pool and that because of his lack of privacy in his back yard due to the public access/walkway it is necessary to build in his front yard. He said the extension of the front wall would allow him to have patio furniture and enough room to enter his front entryway without stepping into the pool. James Sapp, pool contractor representing the abutting neighbor to the southwest, spoke in support of the request. He said the proposed pool is.very small yet has an aesthetically pleasing design. David Rakstalis Jr., representing the appellant, John C. H. Chang, said his client sent letters to the surrounding neighbors and twelve responded by objecting to the proposed extension of the block wall. He distributed photographs to the Commission showing the blockage of Mr. Cheng's view. He also presented photographs of the other homes in the area that were granted variances that do not block views. He feels the variance will have adverse effects on the homes in the area. PC Minutes - 11/15/88 . -7- (1629d) Sheila Goebel, applicant/appellant, 16201 Typhoon Lane, said an additional five feet will not block Mr. Cheng's view. She said she had spoken with the Changs and was told they would not object to the request and is surprised that he has contacted the neighbors to stop the construction. There were no other persons present to speak for or against the request and the public hearing was closed. It was felt that since the applicant's backyard faced onto the channel and a public walkway was required by the Coastal Commission, he was deprived of privacy in the rear yard and that a variance of five feet in the front yard setback should be allowed for privacy. Commissioners Leipzig and Livengood felt that the existing codes and rules should apply and be upheld. A MOTION WAS MADE BY SLATES, SECOND BY BOURGUIGNON, TO OVERTURN THE DENIAL AND APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 88-29, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Ortega, Higgins, Bourguignon NOES: Livengood, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Applicant's backyard faces onto a channel and, because of that, a public walkway along the back of this property was required by the Coastal Commission. As the property owner has no privacy in the rear yard, it is necessary to allow the applicant to fence off his front and side yards to allow privacy by encroachment of five feet in the front yard setback. 2. 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 at a ten foot front yard setback. 3. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 9. The granting of a conditional exception will not be materially detrimental to the public welfare or injurious to property in the same zone classification. 5. The granting of the conditional exception will not adversely affect the General Plan of the City ofiHuntington Beach, California. PC Minutes - 11/15/88 -8- (1629d) CONDITIONS OF APPROVAL: 1. The site plan received and dated November 1, 1988, shall be the approved layout. 2. All necessary permits shall be obtained. 3. Intensified landscaping shall be provided in front of the subject wall. 4. 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. 5. The proposed wall shall be architecturally compatible with adjacent dwellings. APPLICANT: FHP, INC. Conditional Use Permit No. 88-30 is a request by FHP, Inc. to expand enrollment and hours of operation at their existing Senior Medical Center. The facility is located within a retail shopping center at 19066 Magnolia Street, and was originally approved by the Planning Commission on February 18, 1987. At that time, the enrollment was limited to a maximum of 10,000 members, and the hours of operation were limited to Monday through Friday, 8:00 AM to 6:00 PM. On February 17, 1988, the Planning Commission granted a request to permit Saturday appointments from 8:00 AM to 6:00 PM. FHP is now requesting to operate Monday through Friday from 8:00 AM to 9:00 PM and Saturday and Sunday from 8:00 AM to 6:00 PM, and to increase enrollment at the facility from 10,000 to 12,000 members. The conditions of approval for the original entitlement (Conditional Use Permit No. 87-5) require Planning Commission approval for this type of expansion. The proposed project is exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. Approve Conditional Use Permit No. 88-30 with findings and conditions of approval. 'THE PUBLIC HEARING WAS OPENED Ray Hadden, representing FHP, spoke in support of the project. He made the following requests in order to maximize the use of this facility: 400 patients per day spread over 13 hours; 30 members per hour;,7 days per week from 8:00 AM to 9:00 PM. PC Minutes - 11/15/88 -9- (1629d) Dennis Schiller, 9726 Puffin Avenue, Margie's Country Kitchen, spoke in opposition to the request for increased enrollment and opening on weekends. He said there are problems with parking and that his restaurant has lost business because of the FPH parking overflow into his allocated spaces. He presented a video depicting the parking problems. He also voiced objection to the handicapped "spaces being placed directly in front of his restaurant. He stated his operation hours were from 6:00 AM to 1:45 PM and that FHP's heaviest appointment schedules were occurring from 8:00 AM to 12:00 Noon. He requested a change in the appointment schedules. There were no other persons present to speak for or against the request and the public hearing was closed. The Commission felt that since there were concerns one year ago regarding parking that further studies should be completed with the peak traffic hours evaluated. They also requested further information regarding the parking signs and designated handicapped spaces; a parking guard; and a shuttle bus from the Talbert location. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO CONTINUE CONDITIONAL USE PERMIT NO. 88-30 TO THE DECEMBER 6, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 11/15/88 -10- (1629d) 1 F-4' -• - WE APPLICANT: RICHARD H. CAHL Tentative Parcel Map No. 88-241 is a request to consolidate the southerly half of Lots 2 and 4, Block 510 of Huntington Beach Tract, Main Street Section and maintain vehicular access off Pecan. On October 4, 1988, the Zoning Administrator approved Tentative Parcel Map No. 88-241 with findings and conditions of approval. Section 9605.f.3 states that "when a lot abuts an alley, access shall be from the alley unless a different access is approved by the Planning Commission." Submitted for consideration is the applicant's request to delete the condition requiring vehicular access off the alley and allow access to be maintained off Pecan Avenue. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 5, Section 15305 of the California Environmental Quality Act. SPECIFIC PLAN: The property is zoned Townlot Specific Plan -Section A. STAFF RECOMMENDATION: Approve the appeal and approve Tentative Parcel Map No. 88-241 allowing vehicular access off Pecan with findings and conditions of approval. A MOTION WAS MADE BY'LIVENGOOD, SECOND BY BOURGUIGNON, TO APPROVE THE APPEAL AND APPROVE TENTATIVE PARCEL MAP NO. 88-241 ALLOWING VEHICULAR ACCESS OFF PECAN WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The proposed consolidation of two (2) parcels parcel for purposes of residential uses is in the size and shape of property necessary for development. into one (1) compliance with that type of PC Minutes - 11/15/88 -11- (1629d) 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 Townlot Specific Plan -A allowing residential buildings, 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. 5. The access to and parking for the proposed use does not create an undue traffic problem. The access point off Pecan already exists and must remain to serve the adjacent property to the west. No additional access points are being created. CONDITIONS OF APPROVAL: 1. To be completed prior to use or occupancy of said parcel(s) for any purpose: a. The tentative parcel map received by the Department of Community Development on September 12, 1988, shall be the approved layout. (Note: Approval of the map does not imply approval of the building footprint shown on the map.) b. The alley shall be dedicated and improved to City standards. c. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed. d. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed. e. All utilities shall be installed underground at the time said parcels is developed. f. Compliance with all applicable City Ordinances. g. The applicant shall file, through the Huntington Beach City Clerk's office, and have recorded with the Orange County Recorder's Office, a Certificate of Compliance in conjunction with the approved plat map. A copy of the recorded Certificate of Compliance and plat map shall be filed with the Department of Community Development prior to issuance of building permits on the subject property. PC Minutes - 11/15/88 -12- (1629d) h. All vehicular access rights along Pecan Avenue and the alley shall be dedicated to the City of Huntington Beach except at locations approved by the Planning Commission. Access for the subject property shall be taken off Pecan. i. The applicant shall grant an easement for vehicular ingress and egress to the adjacent property to the northwest (A.P. No. 24-101-10). Said easement shall be submitted to the Department of Community Development for review as to form and content prior to recordation. A copy of the recorded easement shall be filed with the Department of Community Development prior to granting a waiver of the final map or releasing the final map for recording purposes. • APPLICANT: PAUL WEATHERLY This request for a one-year extension of time for Conditional Use Permit No. 87-51 in conjunction with Conditional Exception . (Variance) No. 87-84 was approved by the Planning Commission on November 17, 1988. Conditional Use Permit No. 87-51 is a request to construct an approximately 42,000 square foot, two-story auto repair facility. Conditional Exception (Variance) No. 87-84 is a request to permit off -site circulation in lieu of on -site circulation as required by Section 9605(b) of the Huntington Beach Ordinance Code. The applicant is requesting the one-year extension of time based upon the lengthy review process by which structural plans are subject to and the complexities of concluding financial arrangements for the proposed project. Section 9837.1 of the Huntington Beach Ordinance Code specifies that a conditional exception in conjunction with any other entitlement (Conditional Use Permit No. 87-84) for the project shall expire on the latest expiration date applicable to the project. The expiration date for each applicable entitlement is one year from date of approval. It further specifies that upon written request by the applicant or property owner, the Planning Commission may grant an extension of time, not to exceed one year. STAFF RECOMMENDATION: Approve a one-year extension of time for Conditional Use Permit No. 87-51 in conjunction with Conditional Exception (Variance) No. 87-84 to November 17, 1989 with all previous conditions of approval in effect. PC Minutes - 11/15/88 -13- (1629d) A MOTION WAS MADE BY SILVA, SECOND BY LEIPZIG, TO APPROVE A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 87-51 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-84 WITH ALL PREVIOUS. CONDITIONS OF APPROVAL IN EFFECT, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins (Out of Room) ABSTAIN: None APPLICANT: CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY AND CALIFORNIA RESORTS, INC. This is a request by the City of Huntington Beach Redevelopment Agency and California Resorts, Inc. for a one-year extension of time for Conditional Use Permit No. 86-43 and Coastal Development Permit No. 86-27 which were initially approved by the City Council on October 13, 1986. The entitlements represent Pierside Village, an approximately 87,500 square feet specialty commercial with related support facilities and a 696 space parking structure on the ocean side of Pacific Coast Highway between Main Street and Lake Street, located within the Downtown Specific Plan District 10. The Planning Commission approved an initial one-year extension of time on October 6, 1987, for the Pierside Village entitlements. The extension of time to October 13, 1988, was necessary because of final Coastal Commission approval of Coastal Development Permit No. 86-27 on April 21, 1987, and has required additional time to coordinate construction phasing for the proposed project. STAFF RECOMMENDATION: Approve a one-year extension of time for Conditional Use Permit No. 86-43 and Coastal Development Permit No. 86-27 to October 13, 1989, with all previous conditions of approval in effect. Commissioner Slates states he would be abstaining from the vote because he has done business with California Resorts. The Commissioners opposing the request felt that since a new corporation was requesting a conditional use permit and major changes would be made in August that the extension should be denied so all of the changes would go through the proper channels. PC Minutes - 11/15/88 -14- (1629d) 1 A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO DENY THE REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 86-43 AND COASTAL DEVELOPMENT PERMIT NO. 86-27, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Livengood, Leipzig, Ortega, NOES: Silva, Higgins, Bourguignon ABSENT: None ABSTAIN: Slates TIE VOTE - AUTOMATICALLY CONTINUED TO DECEMBER 6, 1988 MEETING D-4 REVISED TENTATIVE TRACT MAP NO, 13625 APPLICANT: PACIFIC COAST HOMES On September 27, 1988, the Planning Commission approved Tentative Tract Map No. 13625 for 106 lots for the five blocks along Goldenwest between Palm Avenue and Walnut Avenue. The Planning Commission action did not cause a change in the existing configuration of lots abutting Twenty -Second Street. Thus, the applicant is requesting that the boundaries of the map be amended to include only those lots (56) affected, primarily those abutting Goldenwest. In other words, to exclude the lots fronting Twenty -Second Street since their existing configuration will not change. STAFF RECOMMENDATION: Approve Revised Tentative Tract Map No. 13625 for 56 lots with findings and conditions of approval as originally approved. Commissioner Higgins stated he would be abstaining from the vote due to a conflict of interest. A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE REVISED TENTATIVE TRACT MAP NO. 13625 WITH FINDINGS AND CONDITIONS OF APPROVAL AS ORIGINALLY APPROVED, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: None ABSTAIN: Higgins PC Minutes - 11/15/88 -15- (1629d) On September 7, 1988, after extensive public testimony, the Planning Commission approved and transmitted Resolution.No. 1403 with a - report to City Council which endorsed a modified Alternative C by decreasing land use intensity and prohibiting overnight camping for the Phase 2 expansion at the Sunset Aquatic Park located at the western terminus of Edinger Avenue. Staff is supplying this information to the Planning Commission in order to provide another opportunity to discuss and possibly modify the previous resolution. The discussion and any modifications to the approved resolution will be forwarded.to the City Council on November 21, 1988, as part of the staff report. Public Comments: Raymond Ponce, Sunset Aquatic Committee member, urged the Commission to make no reversal of their original decision regarding the increased density and expansion of the park. He suggested that the following additional recommendations be added to their decision: no alcoholic beverages allowed in park; additional authority to Harbormaster for security; allocation of 2 spaces for Harbor Patrol quarantine of unauthorized boats anchoring in open areas. Ted Rodriguez, 3406 Sparkler•Drive, representing Seabridge Homeowners, stated his opposition to increased parking and the intensive use of land. He suggested a passive use with more trees, landscaping and picnic areas. Walt Sachwitz, 3522 Bravata-Drive, spoke in support of Resolution No. 1403-Modification C.- He feels the basic problems with thd-park include approaching traffic (including bicycles and pedestrians); liability of the accessible common areas; and the lack of amenities in the park. He would like to see -Edinger Avenue widened and a safer or new bike lane provided..- -- - Richard Amon, stated he sent letters to 2,500 residents in the harbor and had 808 replies (opposing overnight camping, increased dry dock storage spaces, additional boat ramp parking spaces/launching ramps). Thomas Lloyd, 3368 Sparkler Drive, spoke in support of Resolution No. 1403. There were'no other persons present to speak and the public hearing was closed. - Commissioner Leipzig supported suggestions prohibiting alcohol in the park, allowing the Harbormaster more control and allocating quarantine spaces to the Harbor Patrol for illegal boats. PC Minutes - 11/15/88 -16- (1629d) n Commissioner Higgins said he is not opposed to recreational vehicles or the "Good Sam Club"; he is concerned with unknown users and with no control over the use and strongly opposes overnight camping. He feels additional modifications could be made to the resolution which would include an agreement for police services with more authority given to the Harbormaster to control violators in the harbor. Commissioner Bourguignon feels the water should be cleaned up and made safe if there is going to be a public beach and park. Commissioner Silva also expressed concern with the quality of the water in the area. Commissioner Livengood said he fully supports Resolution 1403 and would like the following recommendations made to Council: sale of alcoholic beverages on -site prohibited; Orange County Sheriff and Harbor Patrol authority to enforce City Ordinances; two slips designated for boats detained by Harbor Patrol; provide pedestrian/ cycling ramp adjacent to side of existing bridge entrance/widen Edinger Avenue for safer bike lanes or provide alternative bike lane adjacent to flood control channel. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BOURGUIGNON, TO REAFFIRM AND TRANSMIT APPROVAL OF RESOLUTION NO. 1403 TO THE CITY COUNCIL WITH ADDITIONAL RECOMMENDATIONS, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: Slates ABSENT: None ABSTAIN: None ..- PC Minutes - 11/15/88 -17- (1629d) E. 'DISCUSSION ITEMS F. PLANNING COMMISSION INQUIRIES The following item was,added to the PC Inquiries: NEWSPAPER RACKS - U.S. POST OFFICE - WARNER/GOLDENWEST - Newspaper racks containing questionable newspapers moved to public.sidewalk._: A MOTION WAS MADE -BY LEIPZIG, SECOND BY ORTEGA, TO SCHEDULE THE DECEMBER 20, 1988 PLANNING COMMISSION MEETING ON DECEMBER 13, 19881 DUE TO THE HOLIDAYS, BY THE FOLLOWING VOTE: AYES: Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: Slates .(Out of Room). ABSTAIN:. Livengood MOTION PASSED H. COMMUNITY DEVELOPMENT ITEMS I. A MEETING WAS MADE BY. SLATES, . SECOND "BY HIGGINS,, AT 9 :45 PM, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED MEETING, TUESDAY, DECEMBER 6, 1988, 7:00 PM, AND THEN TO THE SCHEDULED MEETING, TUESDAY, DECEMBER 13, 1988,'7s00 PM; BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, -Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MINUTES APPROVED: Mike Adams, Secretary Victor Leipzig �, rman PC Minutes - 11/15/88 -18- (1629d)