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HomeMy WebLinkAbout1990-04-17APPROVED 5/2/90 MINUTES HUNTINGTON BEACH PLANNING COMMISSION APRIL 17, 1990 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Leipzig, Mountford, Williams, Ortega, Bourguignon, P A Kirkland, Shomaker A. ORAL COMMUNICATIONS -(4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS TO TAKE THE PUBLIC HEARING ITEMS IN THE FOLLOWING ORDER: B-1, B-6, B-7, B-2, B-3, B-4, B-5, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED THE MINUTES WILL REFLECT THE NORMAL NUMBERING ORDER OF THE PUBLIC HEARING ITEMS. B. PUBLIC HEARING ITEMS 1 B-1 TENTATIVE PARCEL MAP NO, 89-368/CONDITIONAL EXCEPTION (VARIANCE) N0. 89-46/NEGATIVE DECLARATION N0, 90-12 APPLICANT: Charles Parsons LOCATION: South side of Garfield Avenue approximately 365 feet west of Suva Lane Tentative Parcel Map No. 89-368 is a request to subdivide one 11,000 square foot parcel into two smaller parcels. Parcel 1 would be a standard 6,000 square foot parcel which is proposed to take access from an easement across Parcel 2, a 5,000 square foot parcel with easements resulting in a 4,091 square foot usable lot area pursuant to Section 992 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 89-46 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 911. Section 9110.2(A) specifies that the minimum lot size shall be 6,000 square feet. The applicant is requesting a net lot area of 4,091 square feet. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 90-12 for twenty-one (21) 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. Prior to any action on Tentative Parcal Map No. 89-368 or Conditional Exception (Variance) No. 89-46, it is necessary for the Planning Commission to review and act on Negative Declaration No. 90-12. STAFF RECOMMENDATION: Approve Negative Declaration No. 90-12 and Deny Tentative Parcel Map No. 89-368 and Conditional Exception (Variance) No. 89-46 with the findings. Staff Planner, Hal Simmons, reported that the applicant had requested continuance for 45 to 60 days. A MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA TO CONTINUE TENTATIVE PARCEL MAP NO. 89-368/CONDITIONAL EXCEPTION (VARIANCE) NO. 89-46/NEGATIVE DECLARATION NO. 90-12 TO THE JUNE 19, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED PC Minutes - 4/17/90 -2- (5547d) B-2 SPECIAL SIGN PERMIT NO, 90-1 APPLICANT: Watt Commercial Development Corp. LOCATION: Southwest corner of Edinger Avenue and Sher Lane Special Sign Permit No. 90-1 is a request to construct a freestanding sign which exceeds the maximum height and area permitted by the Sign Code. Additionally, the sign is proposed to be located approximately 60 feet from an existing freestanding sign in lieu of the Code required minimum separation of 200 feet. On May 11, 1989, the Design Review Board approved Planned Sign Program No. 88-4 for the wall signs at the subject retail center. The conditions of approval included the requirement that the Winchell's sign be modified to eliminate the "Edinger Plaza" panel and to have a maximum height of 8 feet and that a center identification sign be provided at the main entrance. The applicant was informed that the proposed 25 foot high double pole sign would require the granting of a special sign permit by the Planning Commission. The Design Review Board did, however, vote to recommend approval of the proposed sign to the Planning Commission. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15311, Class 11, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Special Sign Permit No. 90-1 as modified by staff. Commissioner Williams expressed concern that the request was for one freestanding sign in a shopping center and the Commission should be looking at all the signs in the center. THE PUBLIC HEARING WAS OPENED. There was no one present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY WILLIAMS, SECOND BY LEIPZIG TO CONTINUE SPECIAL SIGN PERMIT NO. 90-1 TO THE PLANNING COMMISSION MEETING OF MAY 1, 1990 TO DETERMINE IF OTHER SIGNS IN THE SHOPPING CENTER CONFORM TO CITY CODE, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED PC Minutes - 4/17/90 -3- (5547d) B-3 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 90-4 APPLICANT: D'Ambra Inc. LOCATION: 5991 Kenwick Circle Conditional Exception (Variance) No. 90-4 is a request to construct a fourth enclosed garage parking space with a 3 foot-6 inch exterior sideyard setback in lieu of 10 feet-0 inch, and an 18 foot-4 inch front entry garage setback in lieu of 22 feet-0 inch pursuant to Sections 9110.6 and 9110.7b of the Huntington Beach Ordinance Code. On February 28, 1990, the Zoning Administrator denied Conditional Exception (Variance) No. 90-4 with findings. Chairman Ortega disclosed that the contractor, D'Ambra Inc., is her next door neighbor; however, that would not influence her vote. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. RECOMMENDATION• Staff recommends that the Planning Commission uphold the Zoning Administrator's denial of Conditional Exception (Variance) No. 90-4 by denying the appeal with the findings. THE PUBLIC HEARING WAS OPENED: The property owner, Gary Butts, presented computer photos showing how the house would look if the request were approved for the Commissions review. He also forwarded letters from his neighbors supporting the request. He advised that his house was designed for a three car garage but due to the location at the end of the cul-de-sac, the house only has a two car garage. Other homes in the tract, not on the end of a cul-de-sac, were built with the three car garage. He advised that the request for the garage was to store an antique boat that currently sits in his driveway. Mike Adams, Director of Community Development, advised that the garage was large enough for three cars but the garage door is wide enough for two cars. Tom Brazier, 5972 Kenwick, spoke in support of the request. He said his home is directly across the street and that he would prefer to look at the additional garage space rather than a boat parked in the driveway. Sandy Butts, 5991 Kenwick, spoke in support of the request. She said the purpose for the request is to provide storage to preserve a wood boat built in 1957 by her father-in-law. She urged the Commission's approval of the request. There were no other persons to speak for or against the request and the public hearing was closed. PC Minutes - 4/17/90 -4- (5547d) A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON TO OVERTURN THE ZONING ADMINISTRATOR'S•DENIAL AND APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 90-4, BY THE FOLLOWING VOTE: Commissioner Williams said he was opposed to the motion as it would set a precedent for other property owners who own boats. Chairman Ortega advised that the precedent had already been established in the City on previous requests. Commissioner Leipzig said he was opposed to the motion as he did not feel there was a land related hardship. AYES: Mountford, Ortega, NOES: Leipzig, Williams ABSENT: Shomaker ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: Kirkland, Bourguignon 1. There are extraordinary circumstances or conditions related to the irregular shape of the lot and the placement of the house on the lot which prevent full enjoyment of the property. 2. The granting of Conditional Exception (Variance) No. 90-4 for reduced exterior side yard and front yard setbacks will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming improvements in the neighborhood. 3. The granting of Conditional Exception (Variance) No. 90-4 is necessary in order to improve the appearance of the neighborhood by creating enclosed storage area on the subject property. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 24, 1990 shall be the conceptually approved layout. 2. Construction shall be limited to Monday - Saturday 7:00 A.M. to 8:00 P.M. Construction shall be prohibited Sundays and Federal holidays. 3. 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. 4. Proposed structures shall be architecturally compatible with existing structures. PC Minutes - 4/17/90 -5- (5547d) 5. Natural gas shall be stubbed in at any locations of water heaters or central heating units. 6. Low -volume heads shall be used on all spigots and water faucets. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 8. The applicant shall meet all applicable local, State, and Federal fire codes, Ordinances, and standards. 9. The Planning Commission reserves the right to revoke Conditional Exception No. 90-4, if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-4 CONDITIONAL USE PERMIT NO. 90-10 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO. 90-13 APPLICANT: Dawson Hannouche Pate LOCATION: Southeast corner of Pacific Coast Highway and Eleventh Street Conditional Use Permit No. 90-10 is a request by the applicant to construct a two unit apartment building with special permits for: 1) reduced common open space; and 2) reduced drive width from 28 feet to 13 feet on property located on the Southeast corner of Pacific Coast Highway and Eleventh Street. ENVIRONMENTAL STATUS: Pursuant to Section 15182(a), this project is exempt from further analysis under California Environmental Quality Act (CEQA). COASTAL STATUS: The proposed residential project is subject to approval of a coastal development permit because it is located within the appealable coastal zone boundaries and may be appealed to the California Coastal Commission. THE PUBLIC HEARING WAS OPENED. Jim Cole, 124 Eleventh Street, spoke in opposition to the request. He said he was concerned about the driveway easement agreement and felt the special permit requests to be very offensive. Tim Murphy, 201 llth Street, spoke in opposition to the request. He was concerned about losing the view of the ocean from his property. Brian Dawson, the architect, spoke in support of the request. He advised that the property could be developed with three units; however, the property owner desired to build two units for his personal home and for his son. PC Minutes - 4/17/90 -6- (5547d) There were no other persons to speak for or against the request and the public hearing was closed. Commissioners Kirkland and Williams stated concern regarding the three bathrooms depicted on the plans in an area that is not designed for living purposes. Also, the area depicted on the plans for "storage" could easily be converted to a third unit and if converted the property would have inadequate parking. In response to Commissioners questions Marc Than Trong, owner of the property, advised that the area shown on the plans for storage would also be used as a recreation room. He said their guests would not have to enter the private area of the residence to use the restroom. Commissioner Bourguignon objected to the Commissioner's concerns regarding the bathrooms; however, recommended the storage area next to the two car garage be redesigned to provide another parking space with a garage door and proper sloping. A MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA TO APPROVE CONDITIONAL USE PERMIT NO. 90-10 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO. 90-13 WITH FINDINGS, REVISED CONDITIONS OF APPROVAL AND REVISED FLOOR PLANS TO INCLUDE AN ADDITIONAL GARAGE AND AREA LABELED "STORAGE" BE CHANGED TO "RECREATION ROOM", BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 90-10: 1. The proposed two unit apartment will be compatible with adjacent properties and uses because it is consistent with the General Plan Land Use designation of High Density Residential and the zoning designation of Downtown Specific Plan -District 2. 2. The proposed two unit apartment will not be detrimental to the general welfare of persons working or residing in the vicinity nor be detrimental to the value of the property and improvements in the neighborhood because the two -unit apartment is consistent with the adopted Downtown Specific Plan Guidelines. 3. The location, site layout, and design of the proposed two unit apartment properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner because access is from the alley, all required parking spaces are located off-street, and all primary setbacks are adhered to. PC Minutes - 4/17/90 -7- (5547d) i 4. The access to and parking for the proposed two unit condominium will not create parking and traffic problems because access is from the alley and all required parking spaces are off-street. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the Downtown Specific Plan requirements to better suit a four unit condominium, which are compatible with the surrounding area: a. Permit reduced common open space from 1,367 square feet to 1,115 square feet. b. Reduce required 28 foot driveway to 13 feet. 2. The special permits provide for maximum use of aesthetically pleasing types of architecture, design and building layout because four times the required private open space is provided. 3. The special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. 4. The special permits are consistent with the objectives of the Downtown Specific Plan standards in achieving a development which is adapted to the existing terrain and will be compatible with the surrounding environment. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 90-13: 1. The proposed two unit apartment development conforms with the plans, policies, requirements and standards of the Land Use Plan contained in the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 90-13 is consistent with the CZ (Coastal Zone) suffix and the Downtown Specific Plan -District 2 zoning designation as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed two unit apartment development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Land Use Plan contained in the Coastal Element of the General Plan. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations be revised as follows: PC Minutes - 4/17/90 we (5547d) a. First floor plans shall be revised to include an additional garage with garage door and proper sloping of garage floor. b. The area identified as "storage" shall be identified as "recreation room". 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. C. Floor plans shall depict 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 and water faucets. d. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. 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. 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). f. Elevations shall depict colors and building materials proposed. g. 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. h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 4/17/90 -9- (5547d) 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and Downtown Specific Plan of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. All applicable Public Works fees shall be paid. e. The property owner shall record a covenant which will identify the structure as a two -unit apartment. 4. Public Works requirements are as follows: a. Public improvements on Eleventh Street, Pacific Coast Highway and alley shall be constructed per Public Works requirements. b. Dedicate 5 foot alley and 24 foot right of way radius at Eleventh Street and Pacific Coast Highway. C. Soils report and grading plan required. d. Street light required on Pacific Coast Highway. PC Minutes - 4/17/90 -10- (5547d) 1 e. The applicant shall file a parcel map or parcel map waiver request to consolidate Lots 9 and 10 of Tract Huntington Beach. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy. 5. The applicant shall provide an irrevocable offer to dedicate a reciprocal driveway easement between the subject site and adjacent properties. 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. A copy shall be filed with the Department of Community Development. 6. Fire Department Requirements are as follows: a. An automatic fire sprinkler system will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. Fire extinguishers will be installed and located in areas to comply with Fire Department standards. c. One (1) fire hydrant will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. d. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: the number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches; individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. e. Applicant shall abandon or reabandon all oil facilities pursuant to Fire Department standards. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. PC Minutes - 4/17/90 -11- (5547d) 10. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep 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. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Final Parcel Map No. 89-456 shall be accepted by the City Council. It shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to Certificate of Occupancy or final inspection of first unit. c. Compliance with all conditions of approval specified herein shall be accomplished. 13. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 14. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. 15. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 16. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department requirements. PC Minutes - 4/17/90 -12- (5547d) B-5 CONDITIONAL USE PERMIT NO, 90-13 APPLICANT: American Restaurants Corp. PROPERTY OWNER: Aldrich Easement and Walt Trust LOCATION: Marian Village Shopping Center 5942 Edinger Ave. Units 101 & 114 Conditional Use Permit No. 90-13 is a request to permit the sale of alcoholic beverages for on -site consumption in conjunction with a proposed Hudson's Grill Restaurant. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 90-13 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. There were no persons present to speak for or against the request and the public hearing was closed. Commissioner Williams was concerned that the proposed restaurant use could create a parking problem at the shopping center. He suggested a condition be placed to review the use to make sure there are no parking problems. Ron Brett, representing American Restaurants Corp., requested to speak and said that his organization did not want to spend a half a million dollars on tenant improvements to find out there is not adequate parking. Hal Simmons, staff planner, advised the Commission that parking was adequate. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON TO APPROVE CONDITIONAL USE PERMIT NO. 90-13 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Bourguignon NOES: Kirkland ABSENT: Shomaker ABSTAIN: None MOTION PASSED CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 9, 1990 shall be the conceptually approved layout. PC Minutes - 4/17/90 -13- (5547d) 1 2. Fire Department Requirements are as follows: a. Upgrade fire sprinkler system to cover remodeled areas. b. Provide fire protection for cooking equipment per the Huntington Beach Fire Code and City Spec. 412. 3. The restaurant shall comply with all applicable provisions of the Ordinance Code, Uniform Building Code, and Uniform Fire Code. 4. All alcoholic beverage control requirements shall be met prior to alcohol sales. 5. Live entertainment shall be prohibited unless a conditional use permit for such entertainment is granted by the Planning Commission. 6. Hours of operation shall be from 11:00 a.m. to 12:00 p.m. 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-13 is any violation of these conditions or the Huntington Beach Ordinance Code occurs. 8. The Planning Commission will review in six months to ascertain if parking for the shopping center is adequate. If parking problems exist, staff will work with the applicant and the shopping center management to create a parking management plan to include features such as valet parking, hours of operation, etc. B-6 ANNUAL REVIEW OF CONDITIONAL USE PERMIT NO 88-22 - OKTOBERFEST APPLICANT: West Coast Soccer League LOCATION: 7561 Center Avenue No. 68 Conditional Use Permit No. 88-22 was approved by the Planning Commission on August 2, 1988, which permitted an annual Oktoberfest from mid -September to mid -November for a maximum of five years. Condition No. 2 on the original conditional use permit requires an annual review by the Planning Commission prior to the event. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15304, Class 4, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve annual review of Oktoberfest from mid -September to mid -November with added conditions of approval. PC Minutes - 4/17/90 -14- (5547d) Hal Simmons, staff planner, presented the added conditions of approval that were requested by the Police Department and were not available when the staff report was prepared. Commissioner Williams made a motion to continue the item to allow time for staff to review the new conditions of approval with the applicant. The motion died for lack of a second. THE PUBLIC HEARING WAS OPENED Ron Pattinson, representing the applicant, spoke in support of the request. He requested that the annual review for the next year be heard by the Zoning Administrator as there have been no problems with the event during the past several years. There were no other persons to speak for or against the request and the public hearing was closed. Commissioner Leipzig suggested that the Commission perform the annual review next year and if there were no problems refer it to the Zoning Administrator the following year. A MOTION WAS MADE BY LEIPZIG, SECOND BY MOUNTFORD TO APPROVE THE ANNUAL REVIEW OF CONDITIONAL USE PERMIT NO. 88-22 - OKTOBERFEST, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED ORIGINAL CONDITIONS OF APPROVAL: 1. The site plan and floor plan dated received March 17, 1989, shall be the approved layout for the 1990 Oktoberfest and all prior conditions shall remain in effect. 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 in any way limit the City or the Police Department powers should any other violations of City Codes and Ordinances occur. PC Minutes - 4/17/90 -15- (5547d) 1 1 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: Wednesday and Thursday 7:00 PM - 11:00 PM Friday 6:30 PM - 1:00 AM Saturday 6:30 PM - 1:30 AM Sunday 2:00 PM - 9:00 PM 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. 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 Lane during the Oktoberfest. The applicant shall provide and install temporary "no parking" signs on Huntington Village Lane. 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. Prior to commencement of the Oktoberfest, the applicant shall obtain four hundred (400) off -site parking spaces within 500 feet of the event. Temporary traffic signage shall be installed to direct traffic to the off -site parking areas. Public Works approval on location and method of installation of these signs shall be required at least 30 days prior to the event. PC Minutes - 4/17/90 -16- (5547d) 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. 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 personnel hired, and areas and hours to be patrolled. The security service shall patrol the common area, parking lots, and buildings at Old World. c. Submit to the Department of Community Development proof of authorization 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, fire evacuation (exit plan), and areas where additional exits will be provided, if required. A copy of the approved plan shall be submitted to the Community Development Department. 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. 14. During the annual event, the applicant shall: a. Have the occupant load monitored by Fire Department personnel at the applicant's expense. PC Minutes - 4/17/90 -17- (5547d) b. Cease all outside activity at 12:00 Midnight and all indoor activity at 2:00 AM each night of the event. Clean up of the site shall not include the use of any machinery or equipment that may disturb the residents in the village. c. Discontinue the applicant's use of all outside speakers during the Oktoberfest. d. Provide eight (8) portable bathrooms to accommodate Oktoberfest patrons. 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. ADDED CONDITIONS OF APPROVAL: 1. Increase the number of outside bathrooms from 8 to 12 to reduce congestion in that area. 2. During the event, the applicant shall implement the use of a "wristband" type monitoring device during the weekdays when minors are allowed into the facility to control alcohol consumption. B-7 PRECISE PLAN OF STREET ALIGNMENT NO, 89-4/COASTAL DEVELOPMENT PERMIT NO, 89-46/NEGATIVE DECLARATION NO 89-63 APPLICANT: City of Huntington Beach REQUEST: Precise plan of street alignment of Seapoint Avenue and a portion of Garfield Avenue. LOCATION: Seapoint Avenue south to Pacific Coast Highway and north to Garfield Avenue and alignment of Garfield Avenue west of Edwards Street to the City boundary. The City Council adopted the Master Plan of Arterial Streets and Highways on March 22, 1976, which established the general alignment of Seapoint Avenue and a portion of Garfield Avenue west of Edwards Street. On January 8, 1990, the City Council adopted the Holly-Seacliff General Plan Amendment which reaffirmed the alignment of Seapoint Avenue and Garfield Avenue. Precise Plan of Street Alignment No. 89-4 is consistent with the adopted City of Huntington Beach Master Plan of Arterial Streets and Highways and the recent Circulation Amendment associated with the Holly-Seacliff Master Plan. PC Minutes - 4/17/90 -18- (5547d) Seapoint Avenue from Pacific Coast Highway to the western extension of Garfield Avenue is designated as a secondary arterial with a right-of-way width of 100 feet. Garfield Avenue is designated as a major arterial, east of Edwards Street, and a primary arterial west of Edwards Street. The proposed precise plan of street alignment for Seapoint Avenue and Garfield Avenue west of Edwards Street are consistent with the City's Master Plan of Arterial Streets and Highways and with the Orange County Master Plan of Arterial Highways. The City of Huntington Beach has initiated Precise Plan of Street Alignment No. 89-4 in response to on -going and proposed development in the Seacliff area. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department posted draft Negative Declaration No. 89-63 for thirty days, and no comments either verbal or written were received. On January 31, 1990, Environmental Review Committee, in its initial study of the project, has recommended that a Mitigated Negative Declaration be approved with special studies which include an archaeological study of ORA-366. Prior to any action on Precise Plan of Street Alignment No. 89-4, it is necessary for the Planning Commission to review and act on Negative Declaration No. 89-63. COASTAL STATUS: The proposed project is located within the coastal zone of the City of Huntington Beach. Prior to any action on Precise Plan of Street Alignment No. 89-4 the Planning Commission must approve Coastal Development Permit No. 89-46. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY WILLIAMS TO CONTINUE TO MAY 1, 1990 DUE TO AN ERROR IN THE PUBLIC HEARING NOTICE, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED FEBRUARY 21, 1990 A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA TO APPROVE THE PLANNING COMMISSION MINUTES DATED FEBRUARY 21, 1990, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED PC Minutes - 4/17/90 -19- (5547d) D. NON-PUBLIC HEARING ITEMS D-1 CODE AMENDMENT NO. 88-12 - PARKING AND LANDSCAPING Code Amendment No. 88-12, Article 960, Parking and Landscape Regulations, was approved by the Planning Commission at the March 6, 1990 meeting. As requested, the attached legislative draft reflects the amendments and reorganization of the current Article 960. STAFF RECOMMENDATION: Accept as presented and refer to the City Council for adoption. Commissioner Leipzig requested that the last sentence of Section 9601.6 (b) return to the former language ....."opportunities as determined necessary by a traffic study prepared by a registered traffic engineer". Commissioner Leipzig also requested that Section 9601.5 (Stall Dimensions) be clarified by showing separate entries for stall dimension and aisle dimension. Commissioner Williams was concerned that the height of parking structures be high enough to accommodate emergency vehicles. A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS TO PREPARE A RESOLUTION AMENDMENT TO THE PROPOSED DRAFT, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS None F. PLANNING_ COMMISSION INQUIRIES Commissioners Williams and Bourguignon congratulated the Code Enforcement staff for the successful clean up of the illegal flags and banners along Beach Boulevard. Commissioner Kirkland requested staff target enforcement efforts on the billboard signs along Pacific Coast Highway. Commissioner Leipzig requested that billboard signs be given high priority. Commissioner Bourguignon requested that the chairman from each of the four Huntington Harbor Homeowners Associations be appointed to serve on the newly formed Huntington Harbor Committee. PC Minutes - 4/17/90 -20- (5547d) A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON TO REQUEST THE CHAIRMAN FROM EACH OF THE HOMEOWNERS ASSOCIATIONS BE APPOINTED AS MEMBERS OF THE THE HUNTINGTON HARBOR HOMEONWERS COMMITTEE, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Shomaker, (Mountford out of room) ABSTAIN: None MOTION PASSED G. PLANNING COMMISSION ITEMS Commissioner Mountford: None Commissioner Williams: None ! Chairwoman Ortega: Appointment of two Commissioners to serve on the Huntington Harbor Committee Chairman Ortega and Commissioner Bourguignon volunteered to serve on the Huntington Harbor Committee and Commissioner Williams volunteered to serve as a substitute. Commissioner Kirkland: None Commissioner Bourguignon: None Commissioner Leipzig: None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams reiterated action taken by the City Council at their April 16, 1990 meeting. I. ADJOURNMENT A MOTION WAS MADE AT 10:04 PM BY ORTEGA, SECOND BY BOURGUIGNON, TO ADJOURN TO A 6:30 PM STUDY SESSION (AGENDA REVIEW), TUESDAY, MAY 1, 1990, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Shomaker (Mountford out of room ABSTAIN: None MOTION PASSED APPROVED BY: Mike Adams, Secretary Planning Commissigrn Chairman :jr PC Minutes - 4/17/90 -21- (5547d) e