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HomeMy WebLinkAbout1992-05-05APPROVED 8/4/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION MAY 5, 1992 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM DIVISION 9 REWRITE REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Kirkland, Newman, Richardson, Shomaker, Dettloff, P P Bourguignon, Leipzig 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. None B. PUBLIC HEARING ITEMS B-1 ZONE CHANGE NO. 92-2/NEGATIVE DECLARATION NO. 91-26: APPLICANT: City of Huntington Beach LOCATION:. 7511 Warner Avenue Zone Change No. 92-2 in conjunction with Negative Declaration No. 91-26 is a request to change the zoning on a parcel of property from R2 (Medium Density Residential) to M1 (Limited Manufacturing), which will permit the property owner to construct an industrial building on the site. This zone change was previously reviewed by the Planning Commission on October 22, 1991 as Zone Change No. 91-4. The following action was taken at that time: A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE ZONE CHANGE NO. 91-4 AND NEGATIVE DECLARATION NO. 91-26 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR FINAL DETERMINATION, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson . ABSTAIN: None MOTION PASSED The City Council denied Zone Change No. 91-4 at the January 6, 1992 meeting due to lack of a majority vote. A MOTION WAS MADE BY WINCHELL, SECONDED BY MOULTON-PATTERSON, TO APPROVE NEGATIVE DECLARATION NO. 91-26 AN DENY ZONE CHANGE NO. 91-4 WITH FINDINGS FOR DENIAL AS SET FORTH IN ATTACHMENT NO. 1 OF THE RCA DATED JANUARY 6, 1992. THE MOTION FAILED BY THE FOLLOWING ROLL CALL VOTE: AYES: Moulton -Patterson, Winchell, Green NOES: Silva, MacAllister, Kelly ABSENT: Robitaille ACTION CONTINUED ON: (City Council) PUBLIC HEARING - ZONE CHANGE NO. 91-4 - NEGATIVE DECLARATION NO. 91-26 - INTRODUCTION OF ORDINANCE NO. 3129 - OLAF SMILDZINS - 7511 WARNER AVE (450.20) The City Attorney reported that the City Charter requires four votes to approve an ordinance. She read into the record the portion of the Council manual pertaining to approval of ordinances. PC Minutes - 5/5/92 -2- (4020d) r-� A MOTION WAS MADE BY MACALLISTER, SECONDED BY KELLY, TO RETURN THE ITEM PERTAINING TO ZONE CHANGE NO. 91-4 TO COUNCIL ON JANUARY 21, 1992 AS A REPORT OF THE POTENTIALITY OF A ZONE CHANGE ACTION ON BEHALF OF THE CITY COUNCIL. THERE WAS NO ACTION TAKEN BASED ON THE FOLLOWING ROLL CALL VOTE: AYES: Silva, MacAllister, Kelly NOES: Moulton -Patterson, Winchell, Green ABSENT: Robitaille At the January 27, 1992 meeting Council directed staff to initiate a zone change on the property with the following action. STAFF TO RETURN WITH PROCEDURE FOR APPLICATION BY CITY FOR ZONE CHANGE - APPROVED - PENINSULA PUMP CO - 7511 WARNER AVE - (ZONE CHANGE PREVIOUSLY DENIED 1/6/92) (450.20) A MOTION WAS MADE BY MACALLISTER, SECONDED BY KELLY, TO DIRECT STAFF TO RETURN WITH A PROCEDURE BY WHICH THE CITY CAN MAKE APPLICATION TO CHANGE THE ZONING ON AN APPROXIMATELY 7,500 SQUARE FOOT (NET) PARCEL OF PROPERTY LOCATED AT 7511 WARNER AVENUE FROM R2 (MEDIUM DENSITY RESIDENTIAL TO M1 (LIMITED MANUFACTURING). (PENINSULA PUMP COMPANY) ZONE CHANGE DENIED 1/6/92. THE MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: Robitaille, Silva, NOES: Moulton -Patterson, ABSENT: Green STAFF RECOMMENDATION: MacAllister, Kelly Winchell Staff recommends that the Planning Commission approve Negative Declaration No. 91-26 and deny Zone Change No. 92-2 with findings and forward to City Council for final determination. The Commission asked Counsel if they could create a condition or covenant that would allow the property to return to a zoning of R2 if ownership of the property in question changed owners. Counsel said that they could not. The Commission also asked staff if the city staff could initiate a zone change on any property in the city. Staff explained that this zone change had been initiated by the direction of four (4) City Council members, but yes the city staff could basically initiate a zone change on any property in the city. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 5/5/92 -3- (4020d) A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO APPROVE NEGATIVE DECLARATION NO. 91-26, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND TO APPROVE ZONE CHANGE NO. 92-2 WITH FINDINGS AND CONDITIONS OF APPROVAL AND FORWARD TO CITY COUNCIL FOR FINAL DETERMINATION, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Shomaker, Bourguignon, Leipzig NOES: Richardson, Dettloff ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO. 92-2: 1. Although proposed zone change from R2-M1 does not conform with the Land Use Element of the General Plan, the site is less than an acre and is exempt from the zoning/general plan consistency requirement. 2. The proposed zone change from R2 to M1 is consistent with the existing use of the property and is compatible with adjacent land uses. CONDITIONS OF APPROVAL - ZONE CHANGE NO. 91-4: 1. A tentative parcel map application in conjunction with an administrative review application shall be submitted to the City for review of the development of the site. Approval of Zone Change no. 91-4 does not imply approval of the conceptual plan submitted as a part of the zone change application. 2. Any future development of the site shall be subject to the provisions of the Huntington Beach Ordinance Code and Huntington Beach Municipal Code. PC Minutes - 5/5/92 -4- (4020d) B-2 - CODE AMENDMENT N0, 92-2: APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 92-2 will amend Article 988 of the Huntington Beach Ordinance Code regarding requirements for appeal of certain Planning Commission actions. The amendment will eliminate the need to appeal actions of the Planning Commission which would automatically go on to the City Council for final action. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 92-2 and forward to the City Council with a recommendation for approval. The Commission asked Counsel if the language in the code amendment was clear enough, or should they list the actual actions instead of using the words "any action". Counsel stated that the problem with listing the actual actions is the possible omission of something. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE CODE AMENDMENT NO. 92-2 AND FORWARD TO THE CITY COUNCIL WITH A RECOMMENDATION FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-3 USE PERMIT NO. 91-67/CONDITIONAL EXCEPTION (VARIANCE) N0. 91-54• APPLICANT: Robert C. Terry LOCATION: 19551 Beach Boulevard PC Minutes - 5/5/92 -5- (4020d) Use Permit No. 91-67 and Conditional Exception (Variance) No. 91-54 is a request to permit the sales and leasing of new and used automobiles as a permanent use on a lot previously considered for temporary auto sales only pursuant to Section 9220.1(c)A of the Huntington Beach Ordinance Code. The site is located near the southwest corner of Beach Boulevard and Yorktown Avenue and has been operating as automobile sales and leasing since 1986. The use permit application is before the Planning Commission for review because of the nature of the variance requests. Conditional Exception (Variance) No. 91-54 has been initiated because the proposed use does not comply with the Huntington Beach Ordinance code, Article 922, Commercial District Standards and Article 960, Off-street Parking and Landscaping in the following areas: 1. Section 9220.3 specifies that properties in District C4, Highway Commercial, shall have a minimum lot frontage of 100 feet. The applicant is requesting that the lot be established as a legal building site with 70 feet of lot frontage. 2. Section 9220.7 and District Map 2 specifies that a minimum 50 foot front yard setback shall be provided. The existing building is setback 42 feet from the front property line. 3. Section 9603.A specifies that driveways greater than 150 feet in length provide a minimum width of 20 feet. The applicant is requesting a drive aisle width of 18 feet towards the rear of the project between existing landscape planters. 4. Section 9220.10(a)(3) specifies that a three (3) foot wide landscaping strip be provided along all street frontages in addition to that which is required by Article 960 when automobiles are displayed within the setback area. Article 960 requires ten (10) feet of landscaping along any streetside property for a total of 13 feet. The applicant is requesting to maintain a ten (10) foot wide landscape planter along Beach Boulevard which currently exists on -site. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny Use Permit No. 91-67 and Conditional Exception (Variance) No. 91-54 with findings. THE PUBLIC HEARING WAS OPENED. Bob Terry, 19711 Quiet Bay Lane, stated that when relocated in 1984 the intention was to move to Caltrans property. He stated he was promised to be allowed to purchase the Caltrans property but many problems have been encountered along the way. Mr. Terry also stated that if staff wrote a letter to Caltrans they would be willing to sell him some of the land. PC Minutes - 5/5/92 -6- (4020d) THERE WERE NO OTHER PERSONS PRESENT,TO,SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated that they felt the Redevelopment Agency should write the letter to Caltrans and pursue their obligation to Bob Terry. The Commission also stated that as a business man who is being very cooperative he (Bob Terry) should not be penalized and asked that the Redevelopment Agency assist in any way possible. A MOTION WAS MADE BY DETTLOFF, SECOND BY NEWMAN, TO APPROVE USE PERMIT NO. 91-67 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-54 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT NO, 91-67: 1. The location, site layout, and design of the proposed sale and leasing of new and used automobiles properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of one proposed use to another on a site are properly integrated. 3. The access to and parking for the proposed sale and leasing of new and used automobiles does not create an undue traffic problem. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO, 91-54: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2. The granting of a conditional exception (variance) for reductions in lot width, front yard building setback, landscaping and drive aisle width is necessary in order to preserve the enjoyment of one or more substantial property rights. The applicant has not been able to acquire an additional 30 feet of lot frontage to make the lot a legal site since the land was first purchased in 1986. PC Minutes - 5/5/92 -7- (4020d) 3. The granting of Conditional Exception (Variance) No. 91-54 for reductions in lot width, front yard building setback, landscaping and drive aisle width will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4. The conditional exception (variance) for reductions in lot width, front yard building setback, landscaping and drive aisle width is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Commercial which allows automobile sales on this site subject to approval of a use permit. 5. The granting of this conditional exception from Sections 9220.3, 9220.7, 9603.A and 9220.10(a)(3) of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to establish lots of a substantial size and shape for proper development. 6. The establishment, maintenance and operation of the proposed 70 foot lot frontage will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 7. The granting of the conditional exception (variance) for reductions in lot frontage, front yard building setback, landscaping and drive aisle width will not adversely affect the General Plan of the City of Huntington Beach which allows General Commercial uses on this lot. CONDITIONS OF APPROVAL - USE PERMIT NO. 91-67: 1. The site plan dated March 20, 1992 shall be the conceptually approved layout. 2. Display vehicles along Beach Boulevard shall not encroach upon any required drive aisles or landscaping. Vehicles shall be maintained entirely on the subject parcel and shall not be displayed in the public right-of-way or on any abutting properties. 3. Applicant shall construct private on -site sewer system to the satisfaction of the City Public Works Department, Building Division and the County Health Department. 4. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 5. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 6. There shall be no repair work conducted on the premises. PC Minutes - 5/5/92 -8- (4020d) 7. Low -volume heads shall be used on -all spigots and water faucets. 8. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 9. All utility apparatuses such as but not limited to backflow devices and Edison transformers, shall be prohibited in the front yard and exterior sideyards unless properly screened by approved landscaping or any other method approved by the Director of Planning. In no case shall they be within the setback areas along Pacific Coast Highway. All such apparatuses shall be depicted on the site plan prior to issuance of building permits. 10. Conditions of approval shall be printed verbatim on all working drawings submitted for plan check. 11. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 12. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 13. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 14. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. 15. The Planning Commission reserves the right to revoke this Use Permit No. 91-67 and Conditional Exception (Variance) No. 91-54 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-4 CONDITIONAL USE PERMIT NO, 92-2/NEGATIVE DECLARATION NO, 92-14: APPLICANT: Jim Terrick, J&J Farms LOCATION: Former Meadowlark Airport Area, 5400 block of Heil Avenue Conditional Use Permit No. 92-2 is a request for a temporary agricultural use (strawberry production) and on -site strawberry sales pursuant to Section 9630.H of the Huntington Beach Ordinance Code. PC Minutes - 5/5/92 -9- (4020d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 92-14 with mitigation measures and Conditional Use Permit No. 92-2 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Sally Graham, stated she was concerned that they were applying for a permit but the product is already there and growing. She also stated that the water was being charged on the construction permit. Jim Terrick, Applicant, 16752 Oleander Circle, Fountain Valley, spoke in support of the project. He stated that he uses very little pesticides, which are in pellet form and he also stated that his water meter was put in place by the Water Department. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE NEGATIVE DECLARATION NO. 92-14 WITH MITIGATION MEASURES AND CONDITIONAL USE PERMIT NO. 92-2 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-2: 1. The Huntington Beach Ordinance Code allows Horticultural Use in any zoning district subject to the approval of a conditional use permit. 2. The site is located in the Meadowlark Specific Plan zoning district. The proposed strawberry production with on -site sales is a temporary use only. 3. No agricultural impacts such as dust, noise, odor and the use of fertilizers, herbicides and insecticides are anticipated to impact surrounding residential development based on the size of the agricultural use and the method or agricultural operations. 4. The granting of Conditional Use Permit No. 92-2 for temporary strawberry production and on -site sales at the Meadowlark Specific Plan area will not be materially detrimental to the public health, safety or welfare, or injurious to the conforming land and improvements in the neighborhood. PC Minutes - 5/5/92 -10- (4020d) 5. The establishment, maintenance and operation of the proposed strawberry production and on -site sales will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-2: 1. The site plan received and dated March 3, 1992 shall be the conceptually approved layout with the following modifications: a. The entrance to the site shall be aligned with Del Mar Street, north of Heil Avenue. This alignment will be established for the 1993 growing season and is expected to be complied with prior to the one year conditional use permit review requirement. b. A portable restroom shall be depicted on the site plan. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. The site plan shall include all conditions of approval imposed on the project printed verbatim. 3. No other crops shall be grown or sold without a revision to the conditional use permit. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. The site plan shall indicate that the shrubs along the Heil Avenue frontage will be manicured as necessary to allow proper sight distance as required by the Public Works Department. 5. The Public Works Department requirements are as follows: a. Submit grading plan to Public Works and obtain a grading permit. b. Parking area shall consist of compacted aggregate base on compacted subgrade. c. The developer shall construct an irrigation service with backflow protection in accordance with City Ordinances and Public Works Standards. The backflow device shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number shall be permanently affixed to the body of the backflow device and must remain visible after painting. PC Minutes - 5/5/92 -11- (4020d) d. The developer shall submit irrigation flow rate requirements for proper irrigation service sizing. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 8. All agricultural activity shall operate within the following restrictions: a. No manure shall be used as fertilizers. b. All fertilizers and pesticides shall be applied through drip irrigation or hand sprayed only. No overhead spraying shall be permitted. c. Trucking of produce and on -site agricultural equipment activity shall be permitted Monday through Saturday 9:30 a.m. - 6:00 p.m. only. d. Sales of produce to the public shall be during daylight hours only. 9. Prior to final building permit approval the following shall be completed: a. Building permits shall be obtained for the temporary strawberry stand prior to erection on subject site. b. Compliance with all conditions of approval specified herein shall be accomplished. 10. A review of the use shall be conducted within one (1) year of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 92-2 may become null and void. 11. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-2 for strawberry production and on -site sales if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 12. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized PC Minutes - 5/5/92 -12- (4020d) 13. Conditional Use Permit No. 92-2-shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-5 CONDITIONAL USE PERMIT NO 92-10/NEGATIVE DECLARATION NO. 92-15: APPLICANT: Orange County Transportation Authority (OCTA) LOCATION: 7301 Center Street (northeast corner of Center and Gothard) The OCTA transportation center is a request for a transportation center serving OCTA bus lines, park and ride users and bicycle commuters pursuant to Section 9630.T of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 92-15 with Mitigation Measures and Conditional Use Permit No. 92-10 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Jack Whitney, 7411 Colby Circle, Westminster, stated he was representing 342 homeowners in the project area who supported the project. Stated they still had a few concerns regarding safety issues and landscaping. Earl French, 7351 Rockmont Avenue, Westminster, spoke in support of the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON, TO APPROVE NEGATIVE DECLARATION NO. 92-15 WITH MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 5/5/92 -13- (4020d) A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-10 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-10: 1. As conditioned, Conditional Use Permit No. 92-10 for a transportation center will not be materially detrimental to the public health, safety and welfare, or injurious to the land, property, or improvements in the neighborhood. 2. As conditioned, the establishment, maintenance and operation of the transportation center will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 3. The proposed OCTA transportation center meets the development and design requirements of the municipal code. 4. The OCTA center has been reviewed by the Design Review board and recommended for approval. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 92-10: 1. The site plan, floor plans and elevations received and dated March 31, 1992 shall be the conceptually approved layout with the following modifications, subject to review and approval by the Department of Public Works: a. Use 15 foot radius for entry and exit driveways. b. Redesign Gothard driveway to an entrance only. c. Provide a right turn only exit from park and ride lot onto Center Avenue. d. No camping signs shall be posted as necessary throughout the transportation center subject to the approval of the Public Works Department. PC Minutes - 5/5/92 -14- (4020d) fry. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three (3) 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. Elevations shall depict colors and building materials proposed. d. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. e. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. The revised site plan pursuant to Condition No. 1 shall be reviewed and approved by the Planning Commission. b. 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 used the City approved landscape palette. 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. c. All applicable Public Works fees shall be paid. d. A planned sign program shall be submitted and approved for all signing. Said program shall be approved prior to the first sign request. PC Minutes - 5/5/92 -15- (4020d) 4. The Public Works Department requirements are as follows: a. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. b. Submit a grading plan for Public Works approval prior to issuance of building permits. c. Drainage flows from adjacent properties shall not be obstructed. Flow shall be accommodated per Public Works Department requirements. d. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. e. Submit hydrology and hydraulic calculations. f. Submit sewer study on existing mains. g. Fill in existing tree wells on Center Street. h. Remove asphalt filled in tree wells on Gothard Street. i. Domestic water for the restroom facility and landscape irrigation shall have separate water services with backflow protection per Standard Plan 609. Installation shall be per Water Division Standard Plans and Specification. j. Both domestic and landscape irrigation water services shall be located outside the future Gothard Street realignment area. k. Low volume fixture heads and ultra -low flush toilets shall be incorporated into the potable water system. 1. The developer shall use "drought tolerant" plants and turf for all common area landscaping. m. Each backflow device shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number, and serial number shall be permanently affixed to the body of the backflow device and must remain visible after painting. The device shall be suitably screened to reduce its visibility. n. The developer shall submit water improvement plans showing service connections, fire hydrants, and other appurtenances in accordance with applicable U.P.D. Ordinances and Public Works Standards. These plans shall be approved by the Public Works Water Division. PC Minutes - 5/5/92 -16- (4020d) 5. The Fire Department requirements are as follows: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. Three (3) fire hydrants 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. c. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be the following: 1. 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. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 9. 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. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. 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. PC Minutes - 5/5/92 -17- (4020d) 12. Prior to final issuance of a Certificate of Occupancy, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished. 13. A review of the use shall be conducted within one (1) year of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 92-10 may become null and void. 14. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 92-10 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 15. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 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 approval. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 28 1992: A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 28, 1992, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 1 PC Minutes - 5/5/92 -18- (4020d) C-2 PLANNING COMMISSION MINUTES DATED FEBRUARY 4. 1992: A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 4, 1992, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 MITIGATION MONITORING AND REPORTING POLICIES AND PROCEDURES: APPLICANT: City of Huntington Beach LOCATION: City-wide AB 3180 became effective on January 1, 1989, and requires that along with the adoption of a mitigated negative declaration or an EIR, the lead or responsible agency also must adopt a "monitoring or reporting program" to "ensure compliance with mitigation measures during project implementation." This resolution is being submitted for review and recommendation by the Planning Commission. Once acted upon, it will be forwarded to the City Council for final action. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Resolution No. 1454 which establishes Mitigation Monitoring and Reporting policies and procedures. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE RESOLUTION NO. 1454 WHICH ESTABLISHES MITIGATION MONITORING AND REPORTING POLICIES AND PROCEDURES, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 5/5/92 -19- (4020d) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Bourguignon - asked staff to relay a message to City Council regarding the code amendment on height limitations and the importance of acting on it in a timely manner Commissioner Shomaker - asked staff about the letter that was suggested to be sent in regards to the NESI site. Staff said they would draft a letter for her signature this week. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the May 4, 1992 City Council meeting. G . ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY BOURGUIGNON, TO ADJOURN TO A 5:30 PM JOINT STUDY SESSION WITH CITY COUNCIL ON MAY 11, 1992, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: Mike Adams, Secretary Pla,Aing Commission Chairperson 1 PC Minutes - 5/5/92 -20- (4020d)