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HomeMy WebLinkAbout1988-12-13APPROVED 2/22/89 7 --4- MINUTES HUNTINGTON BEACH PLANNING COMMISSION DECEMBER 13, 1988 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach,- California PLEDGE OF ALLEGIANCE P ROLL CALL: Slates, P Higgins, A. CONSENT CALENDAR None P P P P Williams, Livengood, Leipzig, Ortega P Bourguignon B. ORAL COMMUNICATIONS None C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO. 88-51/NEGATIVE DECLARATION NO, 88-4 APPLICANT: CAROLYN KANODE/HUNTINGTON YOUTH SHELTER Conditional Use Permit No. 88-51 is a request by the Huntington Youth Shelter to establish a youth shelter in the vacant Brooks House located in Central Park for the housing and care of up to 20 teenagers between the ages of 11 to 17. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-46 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No. 88-46 and Conditional Use Permit No. 88-51 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Irene Briggs, Fifth Street, social worker, gave statistics on child abuse in the County and City. She explained how the shelter will be manned/staffed and operated. Gary Whaley, 29501 Via Valverde, probation officer, spoke in support of the shelter and gave statistics on run-aways, etc. Carol Kanode, 17382 Alta Vista Circle, applicant, spoke in support of the request. She feels the shelter will promote productive citizens for tomorrow. Ron Shenkmen, member of the Youth Shelter Board, spoke in support of the request. He feels approval of the project is a step in the right direction for preventing juvenile delinquency which he believes is a City obligation. He said the board members consisted of dedicated professionals. Ruth Bailey, 5641 Marshall Drive, Youth Shelter Co -Chairman, spoke in support of the request. She pointed out to the Commission the other State uses located next to the gasoline storage facility. Karen Kallay, 16449 Ladona Circle; Rick Dobbs, Oceanview High School; Connie Luizzi, 1905 Main Street; Michael Kasapian, Oceanview High School;'Jeff Lebow, 18271 Pammy Lane; Luz Rodriquez, 7271 Toutouse Drive; Chauncey A. Alexander, 8072 Driftwood Drive; Bernie Adin, 17071 Gothard Avenue; Dawn Martinez; Jo Christian -Craig, 529 Lake Street; and Paulette Gorsuch, 6122 Galipean Drive spoke in support of the youth shelter. There were no other persons present to speak for or against the request and the public hearing was closed. PC Minutes - 12/13/88 -2- (1827d) I- f- Some Commissions had concerns regarding access to the shelter should an easement not be obtained from Chevron and location of the shelter so near the gasoline storage tanks on Chevron property. They felt an alternate route to the shelter could be detrimental to Central Park and suggested continuance of the request. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 88-51 AND NEGATIVE DECLARATION NO. 88-46 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Leipzig, NOES: Slates, Williams ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: Ortega, Higgins, Bourguignon 1. The establishment, maintenance and operation of the youth shelter will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. The general welfare of persons using Central Park facilities. c. Property and improvements in the vicinity of such use or building. 2. The proposal is consistent with the goals and objectives of the City's General Plan. 3. The location, site layout and design of the youth shelter facility properly adapts to streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. The access to and parking for the proposed youth shelter will not create an undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan, floor plan and elevations dated received November 7, 1988, shall be the conceptually approved layout with the following mitigation: a. The elevations (and floor plans if necessary) shall be revised to more truly reflect the intent of the Federal guidelines. The characteristics of a single hipped roof with a small porch should be retained; the addition should be to the rear or side; the original facade should be easily distinguished from the additions; and materials used for the addition shall be consistent with those used on the original structure (i.e. narrow clapboard, etc.). PC Minutes - 12/13/88 -3- (1827d) 1 2. 3. Prior to submittal of building permits, the applicant shall complete the following: a. Submit revised elevations and floor plans in accordance with Condition No. 1 for review and approval by the Design Review Board to assure compliance with the intent of the Federal Guidelines for Rehabilitating Historic Buildings. b. Floor plans shall be revised to denote natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots, water faucets and showers. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. C. If lighting is included in the parking lot and/or recreation area energy efficient lamps shall be used (e.g., high pressure sodium vapor, metal halide) and noted on the site plan. All outside lighting shall be directed to prevent "spillage"onto adjacent properties. d. Enter into an approved lease agreement with the City of Huntington Beach on terms acceptable by the City Council. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape, irrigation and fencing plan to the Department of Community Development and Public Works for review and approval. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. b. Any trees and all other plantings which must be removed shall be replaced to the satisfaction of the Park, Trees and Landscape Division of the Public Works Department. The minimum tree replacement will be at a two (2) to one (1) ration with 24 inch boxed trees as minimum replacement size. A ten (10) foot wide landscape area should be provided between the edge of pavement and the newly installed chainlink fence along the Talbert driveway easement, east side. The existing chainlink fence on the west side of the driveway easement must be removed and poles installed along that line to prevent vehicles from driving into the park. C. Grading plan to Department of Public Works. PC Minutes - 12/13/88 -4- (1827d) d. The applicant will enter into irrevocable reciprocal driveway easement between the subject site and adjacent southerly property. 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 prior to occupancy. If an easement to the subject site cannot be obtained within six months, an alternate access plan reviewed by Community Development, Public Works, and Community Services Commission shall be submitted to the Planning Commission for review and approval prior to the issuance of any building permits. e. A water main improvement plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff during construction may be required by the Director of Public Works if deemed necessary. 4. Fire Department requirements are as follows: a. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. b. Service roads and fire lanes, as determined by the Fire Department, shall be maintained, posted and marked. c. Occupancy shall meet requirements of an I-2 occupancy as set forth by the State Fire Marshall. d. Access road shall be a clear 27 foot width with an approved apparatus turn -around area. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 6. Construction and grading shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. During cleaning, grading, earth moving or excavation, the applicant shall: a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures. b. Maintain equipment engines in proper tune. 8. During construction, the applicant shall: a. Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site, PC Minutes - 12/13/88 -5- (1827d) b. Wet down areas in the late morning and after work is completed for the day, C. Use low sulfur, fuel ( .,05% by, weight_ ),, for__construction equipment, d. Phase and schedule construction activities to -.avoid -high ozone days (first stage smog alerts), e. Discontinue construction during second stage smog alerts. 9. If any hazardous materials are.to be used on site, the business must comply with Chapter 1758 of the City's Municipal Code which requires any business that handles or stores hazardous materials, including waste, to inventory the hazardous materials on site and prepare a business emergency plan in case of an accidental release of toxic material. Additionally, all hazardous materials, including waste, must be handled and stored in accordance with the Uniform Fire Code. Waste oil is considered a hazardous waste. 10. An on -site qualified archaeologist familiar with the properties of adobe at subsurface levels should monitor all grading and excavation activities. 11. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. If adobe are found, all activity shall cease and the information brought to the Planning Commission to determine direction. 12. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains.- Should the coroner determine the -human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. 13. Prior to occupancy of the buildings, the following shall be completed: _ a. An automatic fire sprinkler system and an automatic fire alarm system shall be approved and installed pursuant to Fire Department regulations. b. Police emergency alarm system shall be installed subject to Police Department specifications. c. 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. PC Minutes - 12/13/88 -67 (1827d) d. All applicable Public Works fees shall be paid prior to issuance of building permits. e. Fencing shall be installed between adjacent oil facilities and the youth shelter. 14. The number of youths shall not exceed 20 at any time. 15. The age of youths residing at the facility shall be between the ages of 11 to 17. 16. The project shall be subject to any and all provisions and regulations for State licensing and review. C-2 CONDITIONAL USE PERMIT NO. 88-53 IN CONJUNCTION WITH NEGATIVE DECLARATION NO. 88-41 APPLICANT: CITY OF HUNTINGTON BEACH Conditional Use Permit No. 88-53 in conjunction with Negative Declaration No. 88-41 is a request to expand an existing mobilehome park (Ocean View Estates) by adding 24 mobilehome spaces. Ocean View Estates currently exists with 20 mobilehome spaces constituting Phase 1 of the mobilehome park. This request represents Phase II consisting of 24 proposed mobilehome spaces, as well as a 1,700 square foot conference facility/laundry room, an open area with a picnic shelter, perimeter walls, and landscape treatment. Each mobilehome space is minimum 45' x 75' (3,375 square feet) in size. Phases I and II, as well as a future Phase III of Ocean View Estates, are being developed as an interim use for a period of 25 years. At that time, the mobilehome park and recreational amenities will revert to public facilities and public open space as part'of Huntington Central Park. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-41 for ten days, and no comments, either verbal or written were received. The staff, in its initial,study of the project, has recommended that a negative declaration be issued. A number of unique mitigation measures will be imposed on the project due to its location in a sensitive archaeological area and potential methane area. REDEVELOPMENT STATUS: The development of this project is required in order to accommodate the residents of Driftwood Mobilehome Park and Pacific Trailer Park who will be displaced as a result of the Waterfront project in the Main -Pier Redevelopment Area. PC Minutes - 12/13/88 -7- (1827d) STAFF RECOMMENDATION: Approve Negative Declaration No. 88-41 and Conditional Use Permit No. 88-53 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Dean Painter; 21462 Pacific Coast Highway #109, President -Driftwood, spoke in support of the -request. --He said the -relocation must occur before March 15, 1989. There were no other persons present -to speak -for or against the request and the -public -hearing was closed. The Commission requested the opportunity to review the perimeter wall designs along the exterior property boundaries along with the Design Review Board -and also -expressed concern with the improvements on Ellis Avenue and Goldenwest Street. A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 88-53 AND NEGATIVE DECLARATION NO. 88-41 WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Leipzig, Ortega, Higgins, A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO AMEND THE MOTION TO ADD "DEDICATION AND IMPROVEMENTS TO ELLIS AVENUE AND GOLDENWEST STREET TO PRIMARY STREET STANDARDS SHALL BE COMPLETED PRIOR TO FIRST OCCUPANCY OF PHASE 3 OF THE MOBILEHOME EXPANSION PARK", BY THE FOLLOWING VOTE-: AYES: Slates, Livengood, Bourguignon NOES: None - ABSENT: None ABSTAIN: None MOTION TO AMEND PASSED FINDINGS FOR APPROVAL:- - Williams, Leipzig, Ortega, Higgins, 1. The addition of 24 mobilehome spaces to -an existing 20 space mobilehome park (Ocean View Estates) 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 - 12/13/88 -8- (1827d) 2. The expansion is compatible with the existing mobilehome use, and will add landscaping and recreational amenities to the park. 3. The granting of the conditional use permit will not adversely affect the General Plan of the City of Huntington Beach. The mobilehome park is an interim use for 25 years, at which time the site will revert to public, recreational uses. 4. The project is consistent with the zoning code and the goals and policies of the Redevelopment Agency in implementing the Main -Pier Redevelopment Plan. 5. The location, site layout, and design of the proposed mobilehome park properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner, and the design is in compliance with the design standards for mobilehome parks outlined in Article 914. CONDITIONS OF APPROVAL: 1. The site plan received and dated December 5, 1988, shall be the approved layout. 2. Prior to issuance of building permits, the following shall be completed: a. Landscape and irrigation plan shall be submitted to the Departments of Community Development and Public Works for review and approval. Landscaping shall comply with Article 960 of the Huntington Beach Ordinance Code. Existing mature trees on site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36" box trees which shall be incorporated into the project's landscape plan. b. All applicable Public Works fees shall be paid. C. Perimeter wall designs along exterior property boundaries shall be reviewed and approved by the Design Review Board and brought back to the Planning Commission for final review. A temporary wall or fence shall also be erected along the northerly boundary of Phase I and II, to be reviewed and approved by Design Review Board and Planning Commission and which shall remain until Phase III is constructed with special emphasis on the corner of Goldenwest and Ellis. d. 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. PC Minutes - 12/13/88 -9- (1827d) e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours --of the -property.- The interior -noise levels of all -dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall -consist -of -submittal of an acoustical analysis report, prepared under the supervision of a person experienced-in-the,field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the -design of -the project. f. Floor plans shall denote natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall --be stubbed -in at the locations of cooking facilities,,water.•heaters, and central heating units;- low volume heads shall be used on all showers; and if foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. g. A site plan shall:be-submitted for review and approval if lighting is -included in the parking areas and common areas. Such lighting shall be high-pressure sodium vapor lamps for energy savings and all outside lighting shall be directed to prevent "spillage" onto adjacent properties. 3. Fire Department requirements are as follows: a. Two fire hydrants shall be provided in number and at locations specified by the Fire Department. b. Service roads and f-ire lanes, as determined by the Fire Department, shall be posted and marked. c. All oil facilities to be abandoned must be abandoned or reabandoned-in compliance with all existing requirements of the City of Huntington Beach and the State Division of Oil and Gas. Further protective measures may be required, depending upon-the,conditions and quality of the abandonments and reabandonments. -- Additionally, any mobilehomes which are placed over abandoned oil wells must be equipped with a household methane detector. d. The area must be sampled and monitored for methane on a "grid system" of one hundred (100) foot lengths. Each one hundred (100) feet, the soil must be probed to a depth of two (2) to three (3) feet. Each TENTH site must be an angered or drilled hole of a minimum three (3) inch diameter sunk to a depth of ten (10) feet. Each probe site and auger or drill site must be tested for the presence of methane, and all readings must be recorded for each site in PERCENT OF LOWER EXPLOSIVE LIMIT (LEL) of methane. PC Minutes - 12/13/88 -10- . (1827d) The results of the tests must be submitted to the Fire Department for evaluation. Any anomalously high readings (as defined in the Roberti Methane Study for the State of California) must be addressed and mitigated prior to mobile homes being placed in the area of the high reading. If no anomalously high amounts of methane are encountered, development may proceed. The Fire Department will perform further monitoring activities at surface levels as is deemed necessary. The tests and data evaluations must be completed prior to the placement of permanent ground coverings in "Phase II" (cement slabs, asphalt or cement roads surfaces, etc.). 4. Public Works requirements are as follows: a. Dedicate and improve Ellis Avenue and Goldenwest Street to primary street standards (50 foot half -width with 32 foot corner right-of-way radius) prior to first occupancy of Phase 3 of the mobilehome expansion park. b. Install street improvements as required by the Department of Public Works. 5. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 6. 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. 7. 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. 8. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 9. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 10. An on -site qualified archaeologist should monitor all grading and excavation activities. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. Should any human bone be encountered during any construction activities on the site, the archaeologist shall PC Minutes - 12/13/88 -11- (1827d) contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American - Heritage Commission shall:be contacted pursuant to State Law SB 297. 11. During cleaning, grading, --earth moving or excavation, the applicant shall: a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures. b. Maintain equipment engines in proper tune. 12. During construction, the applicant shall: a. Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site, b. Wet down areas in the late morning and after work is completed for the day, c. Use low sulfur fuel_(.05% by weight) for construction equipment, d. Phase and schedule construction activities to avoid high ozone days (first stage smog -alerts), e. Discontinue construction during second stage smog alerts. 13. Construction and grading shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. C-3 COASTAL DEVELOPMENT PERMIT -NO. 88-19 IN CONJUNCTION WITH NEGATIVE DECLARATION NO, 88-34 APPLICANT: CITY OF HUNTINGTON BEACH Coastal Development Permit No. 88-29 in conjunction with Negative Declaration No. 88-34 is a request to permit the proposed Goldenwest Street improvement and widening project. The proposed project is to make various improvements to the 3.5 mile segment of Goldenwest Street to achieve a fully improved, six lane traffic corridor with striped bike lanes in both directions, painted and raised center medians, left -turn pockets, and concrete curbs and gutters as needed. Some portions of Goldenwest will be restriped within existing right-of-way; additional ROW will be required in other areas, along with abandonment or relocation of numerous utility facilities and traffic control devices. PC Minutes - 12/13/88 -12- (1827d) ENVIRONMENTAL STATUS: Pursuant to Section 15073 of the California Environmental Quality Act, Draft Mitigated Negative Declaration No. 88-34 was prepared for Coastal Development Permit No. 88-29. COASTAL STATUS: Portions of Goldenwest Street south from approximately Clay Avenue to approximately 220 feet north of Pacific Coast Highway (Route 1) are located within the non -appealable area of the coastal zone. Therefore, Coastal Development Permit No. 88-29 has been prepared in conjunction with Negative Declaration No. 88-34. SPECIFIC PLAN: The portion of Goldenwest Street from Ellis Avenue to Garfield Avenue falls within the proposed Ellis-Goldenwest Specific Plan. STAFF RECOMMENDATION: Approve Coastal Development Permit No. 88-29 and Negative Declaration No. 88-34 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Dick Harlow, spoke in support of the request and urged the Commission to approve. Emma Willsey, 17352 Lee Circle, spoke in opposition to the widening. She said the street will become a 6-lane race track and access to homes along Goldenwest will occur. Scott Peterson, 17342 Goldenwest, an owner of one of the 13 homes on Goldenwest spoke in opposition to the widening. He especially objects to parking along Goldenwest. He feels the widening will devalue his home because of the noise problems. Gordon Smith, homeowner in Seacliff, spoke in opposition to the widening. He feels an additional lane will worsen traffic, safety and speed enforcement problems. He suggested if the street widening was needed at this time that the striping not occur until the extra lane was absolutely necessary. There were no other persons present to speak for or against the widening and the public hearing was closed. Commission discussion included: relocation of the equestrian trail on the west side of Goldenwest to within Central Park immediately adjacent to Goldenwest; exploration of noise mitigation measures (such as sound walls) for the homes fronting on Goldenwest Street; cost of noise mitigation measures; and a pedestrian/equestrian undercrossing of Goldenwest at the Swale, south of Ellis and north of'Schlinger Road. PC Minutes - 12/13/88 -13- (1827d) A MOTION WAS MADE BY SLATES, SECOND BY LIVENGOOD, TO APPROVE COASTAL DEVELOPMENT PERMIT -NO. 88-29 AND NEGATIVE DECLARATION NO. 88-34, WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Williams, Leipzig, Ortega, Higgins, Bourguignon _ NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The proposal is consistent with the goals and objectives of the-City's General Plan and Circulation Element. - 2. The proposal is consistent with the Huntington Beach Coastal Element and with Chapter 3 of the California Coastal Act by providing a major and primary arterial highway for beach and public recreation accessibility. 3. The Goldenwest Street Improvement and Widening project as proposed by Coastal Development Permit No. 88-29 conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element. 4. Coastal Development -Permit No.-.88-29 is consistent with the CZ suffix and with the various zoning designations along the 3.5 mile segment of Goldenwest Street. 5. Coastal Development -Permit -No. 88-29 at the time of completion will provide infrastructure in a manner that is consistent with C-LUP by providing a fully improved major and primary arterial highway. CONDITIONS OF APPROVAL: 1. The development plans received and dated August 12, 1988, shall be the approved plans with the following modifications: a. Raised center landscaped median islands shall be incorporated wherever possible from Garfield Avenue north to Warner Avenue. 2. The retaining wall along the new embankment of Reservoir Hill will be designed to incorporate decorative features such as a crib wall with plant pockets, combination retaining wall and softened slope gradient, etc. PC Minutes - 12/13/88 BEM (1827d) 1 3. Any newly created slopes will be revegetated prior to completion of the project or sooner pursuant to the requirements of the City of Huntington Beach to minimize the potential for erosion. A preliminary landscaping plan shall be submitted to the Department of Public Works, Parks Trees and Landscape, for review and approval prior to initiation of construction. 4. Construction relacted disruptions to local traffic will be minimized through careful advance planning of construction schedules, lane closures, work sequences, and any required detouring. A complete interim traffic control program will be developed by the City of Huntington Beach, Department of Public Works, prior to commencement of any construction activities. This program will include the following considerations: a. Construction will be staged so that only small segments of the roadway would be closed at any one time. Thus, the traffic changes would be spatially contained, causing reduced impacts. b. Traffic control plans will be prepared by a qualified traffic engineer prior to construction. Such plans would comply with the Manual of Traffic Controls as published by Caltrans, to minimize any traffic and pedestrian hazards which may exist during project construction. Such plans will consider the ability of alternative routes to carry existing traffic volumes and identify the hours of construction, construction site truck access routes and the type and location of warning signs, lights and other traffic control devices. Every effort will be made to keep the affected roadways open to through traffic, both vehicular and pedestrian, throughout project construction. c. Wherever practical, temporary lanes will be provided. Where they are used, the temporary lanes will be congested during the peak travel times throughout the construction period. d. Where it is not practical to provide temporary detour lanes, traffic will be rerouted to other surface arterials. If construction and rerouting occurs during the day, the detour route will be severely congested, particularly during peak periods. This congestion is not mitigable; however, no significant impacts are anticipated. If construction which must close Goldenwest Street is restricted to nightime and off-peak business hours when the traffic on the roadway is low, the traffic on the detours would be less and the impacts would be minimal. PC Minutes - 12/13/88 -15- (1827d) 5. The City police and fire departments will be notified approximately 30 days prior to the start of construction, regarding work schedules; areas to be disrupted, etc. In addition, the police and.fire departments will be notified at least 48 hours in advance of any turning movement changes. A minimum of three (3) warning signs will be provided for each such change in movement. 6. Provide right -turn -lanes on the approaches as indicated at the intersections of Goldenwest Street with Warner Avenue, Yorktwon Avenue, and -Pacific Coast Highway. These right -turn lanes may require the acquisition of additional right-of-way. Modify traffic signals. a. Provide left turn phasing for all directions at the intersections of Goldenwest Street with Slater Avenue, Ellis Avenue, and Garfield Avenue. b. Provide right -turn overlaps with left turn phasing at the intersections of Goldenwest Street with Yorktown Avenue and with Pacific Coast Highway. C. Institute a signal timing modification program that provides priority to traffic progression on Goldenwest Street from Warner Avenue to Pacific Coast Highway. 7. Restrict pedestrian crossings at mid -block locations so as not to impede traffic progression. Pedestrian controls and markings are already provided at all signalized locations. These controls also provide safer service to pedestrians than mid -block crossings because -they are more expected by motorists. 8. Provide dual left turn lanes on Goldenwest Street for southbound traffic turning onto -Yorktown Avenue. This will reduce the storage length requirement from 550 feet to 240 feet as well as improving the anticipated ICU and corresponding LOS values. 9. SCAQMD Rule 403 will be adhered to; insuring the clean up of construction -related dirt on approach routes to the construction zone. 10. Adequate watering techniques will be employed to.partially mitigate the impact of construction -generated dust particlates. 11. Construction equipment will be properly maintained and serviced to minimize exhaust emissions. 12. Construction vehicles shall travel at a speed of no more than 20 mph on unpaved and chemically untreated surfaces. PC Minutes - 12/13/88 -16- (1827d) 13. Bicycle lanes will be provided along the entire length of the project to encourage modes of transportation other than automobile. 14. The use of the energy efficient lighting along Goldenwest Street (low pressure sodium vapor lights) should be considered to reduce emissions at the power plant serving the area. (AQMP control measure Nll.) 15. Traffic signals along Goldenwest Street should be synchronized if feasible. 16. Consideration should be given to the provision of convenient bus shelters and bus turnouts along Goldenwest Street to encourage the use of public transportation. 17. Construction activities should be halted during Stage One and Stage Two smog alerts. 18. Construction activities will take place only on the days and hours specified in the City of Huntington Beach Noise Control Ordinance to reduce noise impacts during more sensitive time periods. 19. All construction equipment, fixed or mobile, operated within 1000 feet of a dwelling shall be equipped with properly operating and maintained muffler exhaust systems. 20. Stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receivers such as residential areas. 21. Stockpiling and vehicle staging areas shall be located as far as practical from occupied dwellings. 22. Every effort should be made to create the greatest distance between noise sources and receptors during construction activities. 23. The noisiest construction operations should be arranged to occur together in the construction program to avoid continuing periods of greater annoyance. 24. During project construction, equipment operators should be instructed to stay away from wetland areas (especially the pocket of burrushes since they may still be used by the endangered light-footed clapper rail). In project design, consideration should be given to directing roadway runoff from wetland areas, since an accidental oil, gasoline or chemical spill on the street could otherwise damage the wetland (the wetland area located between Rio Vista Drive Talbert Avenue currently receives runoff from Goldenwest Street). away and PC Minutes - 12/13/88 -17- (1827d) 25. Temporary fencing will be constructed, if necessary, to prevent any straying of construction vehicles into wetland areas. 26. An archaeologist-will-monitor"grading and excavation activities at the -two sites recommended for such observation in the separate Historic Property Survey Report. Grading observations will cease when undisturbed native soils are reached. 27. Significant materials -recovered during the grading observation will be described in a report, which will be distributed to local and regional depositorties-of such information. 28. Significant materials recovered during the grading observation will be donated to an appropriate local institution, if so requested by the institution, for duration, display and use by scholars and the general public.- 29. An initial site survey should be conducted by a qualified archaeologist prior to any construction activities. The study should include a surface survey, artifact collection and analysis, and appropriate curation by a professional archaeologist. Upon the conclusion of the study, if it is determined that there is a possibility that the area may be a significant archaeological site, the development project shall be referred -back to the Planning Commission for reconsideration and further archaeological work.be conducted. 30. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity -shall cease and the archaeologist shall determine -the appropriate course of action. 31. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section"-5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. 32. If subsurface archaeological.remains are encountered during development, construction shall -be halted at once, the City Planning Department shall -be notified and a reputable archaeologist shall be contracted for an assessment. 33. The City of Huntington Beach, -Department of Public Works, will coordinate closely with-al-1--agencies which maintain underground or aboveground utility or -energy facilities within the areas to be disturbed by project construction activities. Preliminary and final design plans will be made available to such agencies for review and comment. At lease 48 hours prior to commencement of any excavation activities, the City will PC Minutes - 12/13/88 -18- (1827d) contact the Underground Service Alert to notify the affected utility/energy purveyors,who can place their personnel at the excavation site to assist in the location of underground lines during the exploratory digging immediately preceding excavation. In this manner, it will be determined which underground facilities are to remain in place,and which are to be abandoned or relocated. 34. The costs of abandonment or relocation of underground or overhead facilities will be the responsibility of the City of Huntington Beach in those instances where the City does not have the "prior rights". The "prior rights" will be determined during the right-of-way acquisition process. 35. Consideration will be given to undergrounding existing overhead utility lines and surface -level oil lines as part of the subject street widening project. 36. The relocation or abandonment of any above -ground oil tanks shall be done pursuant to a permit issued by the City of Huntington Beach Fire Department. Specific permit considerations include the disposal of the old tank bottom and the construction of a replacement tank pursuant to the specifications of the Division of Oil and Gas. 37. The relocation or abandonment of existing oil extraction facilities will be accomplished under the supervision of the City of Huntington Beach Fire Department. Owners of affected facilities will be compensated for their temporary loss of income. 38. Owners of property which is acquired by the City of Huntington Beach to achieve the proposed right-of-way will be fully compensated for the fair -market value*of the property and improvements which are so acquired.- Similarly, owners will be compensated for the fair -market value of any land for which the City requires a slope easement to accommodate the widened roadway. 39. Relocation or abandonment of any oil storage tanks shall be in accordance with a permit issued by the City of Huntington Beach, Fire Department. Specific permit considerations include removal and proper disposal of old tank bottoms, washing to tank sides, and reconstruction of the tank(s) pursuant to the specifications of the Division of Oil and Gas. 40. Relocation and/or abandonment of oil extraction facilities will be accomplished in accordance with the regulations of the State Department of Conservation, Division of Oil and Gas, to ensure proper abandonment of the old well area and proper sealing of the resultant pressure zone. PC Minutes - 12/13/88 "-19- (1827d) 41. SCAQMD Rule 403 will be adhered to, issuing the clean-up of construction -related dirt on approach routes to the construction zone. 42. Adequate watering techniques will be employed to partially mitigate the impact of construction -generated dust particles. 43. Growth and development in the vicinity should occur in a phased manner consistent with the policies of the General Plan and the provision of required public facilities. 44. The equestrian trail on the west side of Goldenwest shall be relocated to within Central Park immediately adjacent to Goldenwest. Any alternative relocation of the trail system shall be brought back to the Planning Commission for review and approval. 45. Noise mitigation measures (such as sound walls) for the homes fronting on Goldenwest Street shall be explored with the property owners and alternatives brought back to the Planning Commission for review and approval. Cost of such measures shall be at the expense of the City. 46. The design shall not preclude the option for pedestrian/equestrian undercrossing of Goldenwest at the Swale, south of Ellis and north of Schlinger Road. C-4 CONDITIONAL USE PERMIT NO, 88-52 APPLICANT: JIM GAUBE Conditional Use Permit No. 88-52 is a request by Payless Drug Store to sell beer and wine in their facility located at 9062 Adams Avenue. Section 9220.2(d) stipulates that establishments that request to sell alcoholic beverages in the C2-Commercial Business District are subject to the approval of a conditional use permit by the Planning Commission. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-52 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Jim Gaube, 2706 Harbor Blvd., applicant, spoke in support of the request. There were no other persons to speak for or against the request and the public hearing was closed. PC Minutes - 12/13/88 -20- (1827d) A MOTION WAS MADE BY ORTEGA, SECOND BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO. 88-52 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Williams, Leipzig, Ortega NOES: None ABSENT: Bourguignon, Slates, Higgins (Out of Room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the beer and wine sales within a retail drug/department store 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. 88-52 will not adversely affect the General Plan of the City of Huntington 3. Beach. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated November 14, 1988, shall be the approved layout. 2. The applicant shall meet all applicable local, regional, State and Federal codes, ordinances and standards. 3. 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-5 CODE AMENDMENT NO, 88-14/NEGATIVE DECLARATION NO, 88-39 APPLICANT: GARY GRAY/HUNTINGTON JEEP/EAGLE Code Amendment No. 88-14 and Negative Declaration No. 88-39 constitute a request to amend Article 961 of the Huntington Beach Ordinance Code (Sign Code) to permit the use of electronic readerboard signs within the City of Huntington Beach. Currently, PC Minutes - 12/13/88 -21- (1827d) Section 9610.4(a) of the Code prohibits "flashing, moving, pulsating or intermittently lighted signs including searchlights; except public service signs such as those for time and temperature." Section 9610.4(h) prohibits "changeable copy signs, including electronic readerboards; except theatre marquees." The requested code amendment would amend these prohibitions to exempt electronic readerboards, add specifications and locational criteria for such signs, and amend certain definitions to accommodate the aforementioned changes. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-39 for ten days, and no comments, either verbal or written were received. The applicant requested a continuance to the January 4, 1989 Planning Commission meeting. STAFF RECOMMENDATION: Deny Code Amendment No. 88-14 with findings. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO CONTINUE CODE AMENDMENT NO. 88-14 AND NEGATIVE DECLARATION NO. 88-39 TO THE JANUARY 4, 1989 PLANNING COMMISSION MEETING, PER THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Williams, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-6 CODE AMENDMENT NO. 88-5/NEGATIVE DECLARATION NO 88-4 APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 88-5 is a request by the Planning staff to revise the Huntington Beach Ordinance Code regulating the sale of alcoholic beverages. These revisions include the establishment of a new section to address the use of alcoholic beverages either as a primary or secondary use and to allow the sale of alcoholic beverages concurrent with gasoline sales. 1 PC Minutes - 12/13/88 -22- (1827d) ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-45 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No. 88-45 and Code Amendment No. 88-5 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED Donald Alvarado, representative from Smart and Final, stated concern with the code. His store is considered a wholesale store in his designated zoned by the City; the ABC considers it a retail store. If Smart and Final should apply to the City for a permit to sell liquor will it be an incompatible use at their location. He said the code does not address this situation. Staff explained that it was considered under the miscellaneous sections (wholesale). There were no other persons present to speak for or against the code amendment and the public hearing was closed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO APPROVE CODE AMENDMENT NO. 88-5 AND NEGATIVE DECLARATION NO. 88-45 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: Williams, Leipzig, Ortega, Higgins, 1. Code Amendment No. 88-5 creates more consistency in the Huntington Beach Ordinance Code relative to the regulation of alcoholic beverages as a primary or secondary use in the City of Huntington Beach. 2. Code Amendment No. 88-5 is consistent with the enactment of Assembly Bill 937 which prohibits the City from banning concurrent gasoline and alcoholic beverage sales. 3 Code Amendment No. 88-5 will not adversely affect the goals and policies of the Huntington Beach General Plan. PC Minutes - 12/13/88 -23- (1827d) D. NON-PUBLIC HEARING•ITEMS -• D-1 RECONSIDERATION OF AFFORDABLE HOUSING REQUIREMENT FOR CONDITIONAL USE PERMIT NO, 87-36/COASTAL DEVELOPMENT PERMIT NO 87-28 (TOWNSOUARE.PROJECT)_-.. APPLICANT:.Mola.Development Corporation The applicant is requesting the deletion of Condition No. 2.c. of Conditional Use Permit No. 87-36 which sets forth the requirement for an affordable housing agreement plan to provide affordable housing in the coastal zone. Conditional Use Permit No. 87-36 was approved by the-City.,,Council on May 23, 1988 for a mixed -use development consisting of 89 condominiums (73 stacked condos and 16 townhomes) and-10,_000-square-feet of commercial/retail space. STAFF RECOMMENDATION: Staff recommends that;the Planning Commission delete Condition No. 2.c (affordable housing requirement) for Conditional Use Permit No. 87-36/Coastal Development Permit No. 87-28 with the following additional finding and.with_all previous -conditions of -approval -in effect. It was felt by some Commissioners ,that the. reasons and. intentions of the condition should, be upheld... A MOTION WAS MADE BY SLATES, SECOND BY WILLIAMS, TO APPROVE DELETION OF CONDITION NO. 2-.c (AFFORDABLE HOUSING REQUIREMENT). FOR - CONDITIONAL USE PERMIT :.NO.,---.87-3.6.a AND:: COASTAL DEVELOPMENT PERMIT NO. 87-29 WITH AN ADDITIONAL FINDING AND WITH ALL PREVIOUS CONDITIONS OF APPROVAL IN EFFECT -;BY THE FOLLOWING VOTE: AYES: Slates, Williams.,-. Higgins, Bourguignon-., NOES: Livengood,,Leipzig,•Ortega ABSENT: None ABSTAIN: None MOTION PASSED ADDITIONAL FINDING FOR APPROVAL: ...- 1. The Mello Bill Affordable Housing requirements, Government Code Section 65590(d), is satisfied in the following manner: a. The City has provided density bonuses within three miles of the coastallzone.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 affordable housing. PC Minutes - 12/13/88 -24- (1827d) 1 E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES Commissioner Ortega requested staff to follow the Coastal Commission action regarding Huntington Bay and Racquet Club. Commissioner Livengood requested the updated Inquiries List by the January 4, 1989 meeting. G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Ascon General Plan Amendment continuance was discussed. A study session was scheduled for January 4, 1989, at 5:30 PM. The public hearing will be scheduled on January 4, 1989. I. ADJOURNMENT A MOTION WAS MADE AT 9:45 PM, BY LIVENGOOD, SECOND BY LEIPZIG, TO ADJOURN TO A STUDY SESSION (ASCON GENERAL PLAN), WEDNESDAY, JANUARY 4, 1989, AT 5:30 PM, IN ROOM B-8, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Slates, Higgins, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED APPROVED BY: Williams, Livengood, Leipzig, Ortega, Bourguignon Mike Adams, Secretary Planning Comi6ission aq,rm PC Minutes - 12/13/88 -25- (1827d)