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HomeMy WebLinkAbout2004-12-07MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, DECEMBER 7, 2004 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET. HUNTINGTON BEACH. CALIFORNIA 92648 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P A ROLL CALL: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall AGENDA APPROVAL THE PLANNING COMMISSION MEETING AGENDA OF DECEMBER 7, 2004 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION APPROVED PRESENTATION BY THE PLANNING COMMISSION IN APPRECIATION OF PUBLIC WORKS DEPARTMENT STAFF Planning Commission Chair Ron Davis presented a plaque of appreciation to Terri Elliott, Public Works Department. PRESENTATION OF PLANNING COMMISSION RESOLUTION NO.1594 IN APPRECIATION OF OUTGOING PLANNING COMMISSIONER KRISTIN STILTON Former Council Member Grace Winchell presented a resolution and gift to outgoing Planning Commissioner Kristin Stilton. PRESENTATION OF PLANNING COMMISSION RESOLUTION NO. 1695 IN APPRECIATION OF OUTGOING PLANNING COMMISSIONER CARRIE THOMAS Former Council Member Connie Boardman presented a resolution and gift to outgoing Planning Commissioner Carrie Thomas PRESENTATION OF PLANNING COMMISSION RESOLUTION NO. 1696 IN APPRECIATION OF OUTGOING PLANNING COMMISSION CHAIR PERSON RON DAVIS Council Member Debbie Cook presented a resolution and gift to outgoing Planning Commission Chair Ron Davis. (o4p=12W) PC Minutes December 7, 2004 Page 2 A. ORAL COMMUNICATIONS Gerald Chapman, Huntington Beach, provided comments on construction activity at the vacant area south of Ellis Avenue between Goldenwest and Edwards, voicing concerns related to the project's grading permit and a stop work order. Francis Arciaga, Kings Canyon Drive, spoke in opposition to the garden center proposed for the new Target store on Brookhurst Street, voicing concerns related to noise and outdoor lighting. Joanne Hilton, Newman Avenue, provided comments on Public Hearing Item No. B-1 (Good Shepherd Cemetery), voicing concerns related to building height, graffiti on perimeter walls, outdoor lighting, decreased property values and vagrancy. Karyl Williams, Noble Circle, provided comments on Public Hearing Item No. B-1 (Good Shepherd Cemetery), requesting that the Good Shepherd Cemetery post a 24-hour contact number for the public to report problems and voiced concerns related to building height and graffiti removal. Discussion ensued about allowing the applicant and it's representatives to speak during Oral Communications. Commissioner Scandura asked if the Chair would consider reopening the Public Hearing. Chair Davis answered no. Commissioner Scandura asked for those individuals who signed up to speak and -are not a part of the applicant's team to provide comments at this time. One gentleman in the audience stated he would like to speak at a later time. Joe Novoa, Applicant, Diocese of Orange, provided comments on Public Hearing Item No. B-1 (Good Shepherd Cemetery), stating that the applicant's material provided to the Commission was not clearly presented at the last meeting. - He discussed the proposed elevations in relation to existing buildings, view corridors, topography, and how the drawings do not adequately depict the project and hopes the model will provide a better representation. Commissioners Thomas and Stilton asked to review the model and Commissioner Livengood suggested that the applicant provide a brief presentation first, and then follow with a five-minute recess to -allow the Commission time to review the model. Vice Chair Ray recused himself from participating in the deliberation and action on Item No. B-1 due to a possible conflict of interest. Mr. Novoa and Mike Padian, Good Shepherd Cemetery, explained project revisions at the project model, including reduced massing,_view corridors along Newman Avenue, layered landscaping, berming, and tree placement. They -also discussed building height to scale with surrounding structures, and how a portion of the mausoleum is proposed below grade, and visitors will primarily enter on the second floor. CHAIR DAVIS CLOSED ORAL COMMUNICATIONS. (04p=1207) PC Minutes December 7, 2004 Page 3 B. PUBLIC HEARING ITEMS B-1. CONDITIONAL USE PERMIT NO.00-63 (GOOD SHEPHERD CEMETERY EXPANSION - CONTINUED FROM NOVEMBER 9.2004 WITH PUBLIC HEARING CLOSED): Applicant: Padian Team Consulting Property Owner: Roman Catholic Diocese of Orange Request: 1) To permit the three-phase expansion of the existing 23 acre cemetery. The phased improvements include the construction -of an approximately 85,000 square foot, three-story mausoleum, an approximately 10,000 square foot maintenance facility, and above -ground garden crypts totaling approximately 100,000 square feet on 12.5 undeveloped acres adjacent to the existing cemetery.. 2) To permit approximately 980 lineal feet of six-foot tall decorative block walls and view fencing at a zero setback along the Beach Boulevard and Talbert Avenue frontages. Location: 8301 Talbert Avenue (North side of Talbert Avenue, east of Beach Boulevard). Project Planner: Paul Da Veiga STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 00-63 with findings, modifications and conditions of approval." Paul Da Veiga, Associate Planner, gave a PowerPoint presentation that identified the applicant's proposed revisions since the last meeting and discussed the design of the mausoleum, garden crypts and perimeter improvements. His presentation included information on mausoleum building height, mass and bulk, trees and landscaping, view corridors along Newman Avenue and perimeter wall improvements. Commissioner Scandura asked staff to confirm the mausoleum's reduced square footage., Staff acknowledged that the correct reduction figure is 2,600 sq. ft. (1,300 sq. ft. per floor). Commissioner Scandura asked staff to confirm that the chapel portion of the mausoleum will be pushed back while the building footprint and setback measurements remain unchanged. Staff confirmed. Commissioner Scandura also asked why the proposal reduced the height of the crypts on the east property line while the garden crypt height remained unchanged. Staff explained that the garden crypts already met height requirements within the code, but the crypt height on the east property line need to be reduced because they exist within 45' of residential property. Commissioner Thomas voiced concerns related to sidewalk width and pedestrian safety on the north side of Talbert Avenue, proposing that the applicant consider a perimeter wall at Talbert Avenue and Beach Blvd. Commissioner Thomas asked the applicant to confirm that the crypts located near the Talbert Avenue fence line could not be moved. The applicant confirmed. Commissioner Thomas also requested that the Design Review Board (DRB) consider creating an area with trees and fencing along Talbert Avenue. The applicant agreed to incorporate the idea as a condition of approval. Commissioner Livengood discussed his review of project phasing and revised building heights, landscaping and sidewalks. He referred to a handout he provided to the Commission on the project phasing. He requested that a condition be added that names the party responsible for maintaining the drainage facility improvements. He was (04p=1207) PC Minutes December 7, 2004 Page 4 pleased with the proposed view corridor with trees and landscaping along Newman Avenue, and voiced support for staff's recommendation' of design inlays." Commissioner Stilton stated that issues related to view corridors have. been adequately addressed in the landscapeplan. . Chair Davis suggested that the Commission either approve the project design or send it to the DRB for a recommendation. Chair Davis suggested that the Commission take a 5' minute recess to allow time for the Commission to review the project model. THE COMMISSION TOOK A 5-MINUTE RECESS. Commissioner Stilton questioned if the fencing between view corridors would be view fencing. . The applicant confirmed that it would. ' The Commission made the following disclosures:. Commissioner Thomas visited the site and spoke with staff; Commissioner Scandura visited other cemeteries located in the cities of Cypress, Long Beach and Ontario and visited the site; Commission Stilton visited the site and spoke with staff; Commissioner Livengood visited the site and spoke with staff. Commissioner Livengood recommended"that the Commission carefully review the conditions of approval related to landscaping and fence design before forwarding the item to the DRB. He also repeated his concerns about the sidewalk width on the north side of Talbert Avenue. Commissioner Scandura stated that sidewalk width should be at least 6 feet. He also revealed that he walked the site along Newman Avenue and voiced his disappointment about mausoleum height and massing, suggesting a reduction in height and allowing the DRB to resolve the issue'. Chair Davis disagreed, stating that the DRB is responsible for making recommendations related to design. He said that the Commission needed to resolve the overall height issue. Staff concurred. Discussion ensued. Staff informed the Commission of the overall building height from the existing grade and from the top of the mausoleum to the top of the curb on Newman Avenue. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO ACCEPT ELEVATIONS FOR ALL BUILDINGS BY THE FOLLOWING VOTE: AYES: Thomas, Davis, Stilton, Livengood NOES: "Scandura_ ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED Commissioner Livengood asked what the code requirements are for street widths on Beach Blvd., including curb and gutter and bus shelters. He voiced support for the City (04pcm1207) PC Minutes December 7, 2004 Page 5 Landscape Architect having final approval of landscaping, and suggested adding a condition of approval that requires a solid wall on Beach Blvd. Chair Davis asked about sidewalk width as part of the conditional use permit (CUP) request. Staff stated that the city requires 8 feet and Chair Davis suggested that a condition of approval be added reflecting the standard city requirement. Commissioner Stilton asked staff to explain the locations of the 3-foot planter, 6-foot solid wall and 8-foot sidewalk areas on Beach Blvd. Staff referred to the site plan and conditions of approval, pointing out the revisions made based on the Commission's recommendations at the November 9 meeting. Commissioner Stilton voiced concerns about the Commission making design recommendations, suggesting that design decisions be made by the DRB. Commissioner Thomas concurred. Discussion ensued on solid wall material and the appropriateness of sending a design recommendation to the DRB. Staff reminded the Commission that a solid wall could mitigate noise impacts for visitors. Commissioner Thomas voiced concerns about a straight, solid wall on Beach Blvd. and discussed the differences in visual effects between a solid perimeter wall and open areas between wall sections. Chair Davis voiced support for pilasters and open wall sections along Beach Blvd. and the applicant explained how grave locations make it necessary to include the 120-foot solid wall section. Commissioner Thomas inquired about tree placement in the open area east of the garden crypts and asked for the distance between gravesites and the fence along Beach Blvd. and Talbert Avenue. The applicant explained that the distances vary and moving gravesites to accommodate the space required to move a fence inward would not be possible on Beach Blvd. or Talbert Avenue. The applicant also explained that trees might be placed in areas where plots have not yet been reserved. Commissioner Stilton concurred with Chair Davis on opening wall sections along Beach Blvd. to provide a garden view and change the linear look with pilasters, etc. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY STILTON, TO APPROVE THE BEACH BLVD. IMPROVEMENTS CONCRETE CURB, GUTTER, AND 8-FOOT WIDE SIDEWALK; EXISTING BUS SHELTER TO REMAIN; FROM TALBERT/BEACH INTERSECTION NORTH FOR 120 FEET PROVIDE A 6-FOOT SOLID WALL SET BACK THREE FEET WITH A 6-INCH PROTECTIVE CURB FOR LANDSCAPING; AND THE BALANCE OF THE BEACH BLVD. FRONTAGE NORTH ALLOW A 6-FOOT VIEW WALL AT THE PROPERTY LINE. Chair, Davis asked for the overall wall length on Beach Blvd. Staff responded 610 feet. Commissioner Livengood voiced approval of the 120-foot section of solid wall at the Beach/Talbert intersection to mitigate noise. Commissioner Scandura asked if the final wall design is subject to DRB approval. Staff explained that the wall design is not subject to final DRB review unless the PC refers the design to the Board and indicate that the design of the wall described in conditions of approval 1.a and 1.b on Attachment 1-.2 of the staff report. (04p=1207) PC Minutes December 7, 2W4 Page 6 ACTION ON THE PREVIOUS STRAW VOTE MOTION WAS TAKEN BY THE FOLLOWING VOTE: AYES: Scandura, Stilton, Livengood NOES: Thomas, Davis ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD TO APPROVE THE TALBERT AVENUE IMPROVEMENTS INCLUDING CONCRETE CURB, GUTTER AND 4-FOOT WIDE SIDEWALK; FROM TALBERT/BEACH INTERSECTION EAST TO THE MAUSOLEUM A 6-FOOT SOLID WALL SET BACK 3 FEET WITH A 64NCH PROTECTIVE CURB FOR LANDSCAPING; EXISTING SINGLE ELECTRICAL POLE SERVING THE GARDEN CRYPTS REMOVED. The Commission voiced concerns related to the narrow sidewalk on the north side of Talbert Avenue and pedestrian safety.- Commissioner Scandura discussed reducing the landscape planter area by 2 feet on the north side of Talbert Avenue between the mausoleum and Beach Blvd./Talbert Avenue intersection to gain 2 feet of sidewalk. For the remaining areas along the property line, he suggested that the sidewalk would need to encroach 2 feet into the bike lane. Staff discussed land dedication and General Plan requirements for arterial highways. Staff explained that no fence is proposed east of the existing mausoleum, and that conditioning a wall in that area poses foundation issues. Staff also stated that they would not support reducing the street and narrowing the bike lane because this presents a safety issue for cyclists on a heavily traveled arterial highway. Commissioner Livengood attempted to divide the motion into 3 parts. Chair Davis voiced opposition to bike lane encroachment. Although sympathetic to the nature of the applicant's business, he felt that any other business proposing such improvements would be required to dedicate for right-of-way purposes. Discussion ensued on the sidewalk width and the dedication requirements. WITH NO SECOND, THE MOTION FAILED. • A STRAW VOTE MOTION WAS MADE BY_SCANDURA, SECONDED BY THOMAS, TO ADD A CONDITION OF APPROVAL REQUIRING A 6-FOOT WIDE SIDEWALK ON THE NORTH SIDE OF TALBERT AVENUE BY ENCROACHING 2- FEET INTO THE BIKE LANE IN THE AREA BETWEEN THE MAUSOLEUM AND CEMETERY ENTRANCE AND ADJACENT TO THE MAUSOLEUM; AND REQUIRING A 6-FOOT SIDEWALK ON THE NORTH SIDE OF-TALBERT AVENUE IN THE AREA BETWEEN THE MAUSOLEUM AND THE BEACH BLVD./TALBERT AVENUE INTERSECTION BY ENCROACHING 2 FEET INTO THE CEMENTERY PROPERTY. Commissioner Stilton asked if the Commission could legally condition the applicant to negotiate the purchase of 2 feet of City property. Staff stated that the City would not reduce the Talbert Avenue right-of-way as part of the project. She also asked if alternatives exist such as consideration of a meandering path on the property instead of (04p=12o7) PC Minutes December 7, 2004 Page 7 a property line sidewalk. Commissioner Livengood referred to the existing sidewalk condition as unsafe for pedestrians and poorly planned. He also stated that the applicant should not be financially burdened for dedicating an additional 2 feet of their property to widen the sidewalk, and that the solution is to encroach 2 feet into the bike Idne. Commissioner Thomas agreed with Chair Davis and his statement about how the request must be decided upon like similar requests from other businesses. She also asked if other alternatives exist to create a safe passageway for pedestrians. Commissioner Scandura voiced opposition to moving gravesites. Commissioner Stilton questioned certain design elements, stating that they were not representative of how the intersection at Beach Blvd. and Talbert Avenue was portrayed on the drawings. She concurred with Chair Davis about conditioning the project to comply with the city's standard requirements. Commissioner Scandura asked staff to explain the mechanism for widening the sidewalk to 6 feet. Staff responded that the request would require the applicant to dedicate an additional 2 feet of property along the southeast property line on Talbert Avenue. Commissioner Thomas asked staff if the utility pole, adjacent to the Talbert Avenue mausoleum, was being removed, calling it a safety hazard. Staff confirmed, explaining why the pole impedes pedestrian traffic along the sidewalk. Commissioner Livengood asked if the motion could include a two-part request for Talbert Avenue improvements from the Beach/Talbert intersection to the mausoleum, and include a 12-inch planter and 3 foot setback. Commissioner's Scandura and Thomas agreed. ACTION ON THE PREVIOUS STRAW VOTE MOTION WAS TAKEN BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED Commissioner Livengood suggested drafting minute action to the City Council to communicate concerns and suggested conditions of approval related to wall location and sidewalk width on the north side of Talbert Avenue between the mausoleum and the cemetery entrance. Discussion ensued about the CUP process not allowing for - encroachment into the bike lane. Commissioner Scandura voiced support for drafting a minute action and withdrew his previous motion. Commissioner Thomas seconded withdrawing the motion. (04pcml207) PC Minutes December 7, 2004 Page 8 A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO DRAFT MINUTE, ACTION TO THE CITY COUNCIL TO COMMUNICATE CONCERNS -AND SUGGESTED CONDITIONS OF APPROVAL RELATED TO WIDENING THE SIDEWALK ON THE NORTH SIDE OF TALBERT AVENUE FROM THE MAUSOLEUM TO THE CEMETERY ENTRANCE, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray - MOTION APPROVED = A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO APPROVE TALBERT AVENUE IMPROVEMENTS, INCLUDING CONCRETE CURB, GUTTER AND 4-FOOT WIDE SIDEWALK FROM THE TALBERT AVENUE MAUSOLEUM TO THE CEMETERY ENTRANCE; AND A 5-FOOT WIDE SIDEWALK FROM THE MAUSOLEUM TO THE TALBERT/BEACH INTERSECTION WITH A 1- FOOT PLANTER IN FRONT OF THE PROPOSED BLOCK WALL. - Commissioner Livengood asked if the applicant would consider a 2-foot planter. The applicant voiced concerns about planting -trees in a narrow area, but was willing to consider the 2-foot planter. THE MOTION WAS MODIFIED TO INCLUDE A 2-FOOT WIDE PLANTER IN FRONT OF THE PROPOSED BLOCK WALL, DELETION OF CONDITION OF APPROVAL 1A AND ACCEPTANCE OF CONDITION OF APPROVAL 113 ON ATTACHMENT 1.2, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY STILTON, TO APPROVE NEWMAN AVENUE IMPROVEMENTS INCLUDING: 6-FOOT HIGH WROUGHT IRON VIEW FENCING BETWEEN GARDEN CRYPT BUILDINGS; A 20- FOOT BERM AND LANDSCAPE SETBACK; CHAIN LINK FENCE REMOVED; NEW TREES ALONG SOUTH SIDE OF NEWMAN AVENUE PER CITY REQUIREMENTS; NEW CEMENT CURBS, GUTTERS AND SIDWALK; NEW STREETLIGHTS ON NEWMAN AVENUE FRONTAGE; AND, 6-FOOT HIGH VIEW FENCING ALONG VIEW CORRIDORS ON THE EAST SIDE OF THE PROPERTY, BY THE FOLLOWING VOTE:, AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED (04p=1207) PC Minutes December 7, 2004 Page 9 THE COMMISSION TOOK A RECESS AT 9:05 P.M. Discussion ensued on staffs recommendation in condition of approval No. 3, Attachment 1.3, to modify the phasing program by including construction of both detention basins and all public improvements along Beach Blvd., Talbert Avenue, and Newman Avenue within the first phase. Commissioner Scandura questioned staffs reasons for requiring completion of the detention basins and all drainage improvements within the first phase. Staff responded by stating that the recommended phasing program protects surrounding residents and their homes against potential flooding and possible flood damage. Staff added that based on its location across from single family residences, the public improvements along Newman Avenue, including the landscape setback, should be constructed within the first phase. Commissioner's Davis and Scandura questioned how the change would benefit the city. Commissioner Livengood voiced strong opposition to staffs recommended construction phasing, stating that it is not in sync with the second phase. He also indicated support for the applicant's phasing for drainage control. Commissioner Thomas asked if it was common to impose all public improvements within the first phase of construction. Staff affirmed that it is common to require public improvements within the first construction phase of a phased project to ensure that public improvements are completed and not subject to future delays in the construction of the project. Staff also discussed the dilapidated curb along Newman Avenue. Commissioner Stilton called the condition unfair to the applicant. The applicant recommended that the existing sidewalk, curb and gutter along Newman Avenue be repaired to mitigate safety concerns identified by the Planning Commission. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY STILTON, TO ACCEPT THE APPLICANTS PHASING PLAN FOR ALL ITEMS INCLUDING DRAINAGE CONTROL, REPAIR OF THE SIDEWALK, CURB AND GUTTER ALONG NEWMAN AVENUE WITHIN THE FIRST PHASE OF CONSTRUCTION. Chair Davis discussed requiring a construction bond for the future construction of public improvements along Newman Avenue in order to ensure their completion during future phases of construction. Commissioner Livengood suggested adding a bond requirement as a condition of approval to ensure the construction of curb, sidewalk, gutter and fencing improvements along Newman Avenue. Chair Davis asked the applicant if the Newman Avenue improvements were concurrent with Phase II. The applicant confirmed. Chair Davis asked when Phase I would be complete. The applicant replied one year. Chair Davis requested that the applicant provide a timeline for Phase II improvements. The applicant discussed a 5 to 7 year timeline for completion of the project. Chair Davis voiced support for a bond requirement as protection that the applicant would complete the project within the proposed timeframe. The applicant voiced opposition to a bond requirement. Commissioner Livengood suggested amending the motion to include an interim bond requirement for public improvements on Newman Avenue, and a 6-year completion date. Commissioner Stilton seconded the amendment. (04pcm1207) PC Minutes December 7, 2004 Page 10 ACTION WAS TAKEN ON THE PREVIOUS STRAW VOTE MOTION AND AS AMENDED BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT:- Dingwall ABSTAIN: Ray MOTION APPROVED Commissioner Livengood discussed his perception of the applicant's proposal for Phase II improvements. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA; TO ACCEPT THE APPLICANT'S PHASE-11 PLAN FOR CONSTRUCTION, EXCLUDING DRAINAGE CONTROL. Discussion ensued regarding the motion and the Phase 11 improvements. Commissioner Stilton questioned construction activity related to the mausoleum during the initial versus final phases. The applicant explained how the construction activity could include temporary use of modular buildings. - ACTION WAS TAKEN ON THE PREVIOUS STRAW VOTE MOTION BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA,•TO ACCEPT THE APPLICANT'S PHASE III PLAN EXCLUDING DRAINAGE CONTROL, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED (04p=1207) PC Minutes December 7, 2004 Page 11 A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO ALLOW THE PLANNING DIRECTOR TO AUTHORIZE CHANGES TO THE PROJECT PHASING, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED Discussion ensued regarding drainage control. Chair Davis asked who would be responsible for conducting inspections and submitting progress reports on construction along with who would pay for those services. Staff replied that the applicant would submit progress reports to the Public Works department and that Public Works would make inspections. Staff also stated that the process of payment for services would have to be researched. Discussion ensued on erosion control. The applicant explained that all required controls are in place. Staff explained that their biggest concern was monitoring the interim drainage facility adding that Public Works and the Regional Water Quality Control Board would monitor basin control. A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO APPROVE THE APPLICANT'S PHASING PLAN FOR DRAINAGE IMPROVEMENTS, SUBMITTAL OF THE HYDROLOGY STUDY TO PUBLIC WORKS PRIOR TO REVIEW OF THE INTERIM BASIN STUDY; ANNUAL INSPECTION REPORTS SUBMITTED BY THE APPLICANT FOR REVIEW BY PUBLIC WORKS; AND TO GRANT PUBLIC WORKS THE RIGHT TO CONDUCT INFORMAL INSPECTIONS. Commissioner Thomas asked if the motion should include a bond requirement. Chair Davis responded that given the nature of the project, with interim phasing and progress reports by the applicant and the applicant's own civil liability issues, he felt that a bond requirement was not necessary. Commissioner Scandura agreed. ACTION WAS TAKEN ON THE PREVIOUS STRAW VOTE MOTION BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD TO AMEND CONDITION OF APPROVAL #2 ON ATTACHMENT 1.3 BY STRIKING "AND ALL IMPROVEMENTS AND LANDSCAPING PROPOSED AT THE SUBJECT SITE." Discussion ensued and opposition was voiced on removing "landscaping proposed at the site." Staff provided an explanation of what might be considered "all improvements", describing it as a "catch all" statement. Chair Davis asked if Commissioner Livengood (o4pm12o7) PC Minutes December 7, 2004 Page 12 Would consider' leaving the language in. Commissioner Livengood could,not support the request: WITH NO SECOND, THE MOTION FAILED. A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO ACCEPT CONDITION OF APPROVAL #2 ON ATTACHMENT 1.3, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stiilton NOES: Livengood ABSENT:- - Dingwall - ABSTAIN: Ray MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO REQUIRE THE APPLICANT TO WORK WITH THE TAMARACK VILLAGE HOMEOWNERS ASSOCIATION AND ADJACENT HOSPITAL PROPERTY OWNERS ON CONSTRUCTION OF A COMMON PROPERTY LINE BLOCK WALL TO PREVENT DOUBLE WALLS BEING BUILT ON THE PROPERTY LINE. . Commissioner Stilton voiced concerns about the motion contradicting previous action related to view fencing. Commissioner Scandura explained that the motion serves as a safeguard that in the future the applicant will not construct a wall adjacent to other existing walls on common property lines. He voiced concerns. about double walls creating a home for vermin. He also agreed to modify his motion to include language allowing a view fence for security purposes. ACTION WAS TAKEN ON THE PREVIOUS STRAW VOTE MOTION AS MODIFIED BY -THE FOLLOWING VOTE: AYES:.--- Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: . Ray MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY SCANDURA TO REQUIRE THE: APPLICANT TO APPLY FOR A GENERAL PLAN AMENDMENT TO NARROW THE BIKE LANE ON TALBERT AVENUE BETWEEN THE MAUSOLEUM AND - . CEMETERY ENTRANCE BY 2 FEET IN ORDER TO WIDEN THE SIDEWALK TO 6 FEET. 'Discussion ensued., Chair Davis felt the motion was unnecessary and unfair to the applicant, and that the City, Council will provide final recommendations on the project. WITH NO SECOND, THE MOTION FAILED. Discussion ensued on a sign for graffiti removal and contact information for public reporting of security -related issues. Staff suggested locations for signage and the possibility of DRB review. Chair Davis voiced opposition to any signage on the property. (04p=1207) PC Minutes December 7, 2004 Page 13 Commissioner Thomas suggested the applicant send a letter to residents within a 300- foot radius providing the same information. The applicant was agreeable to the suggestion. A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY THOMAS, TO ADD A CONDITION OF APPROVAL TO REQUIRE THE APPLICANT TO NOTIFY RESIDENTS WITHIN A 300 FOOT RADIUS OF A CEMETERY CONTACT PERSON AND INFORMATION RELATED TO REPORTING OF GRAFITTI AND/OR SECURITY RELATED ISSUES, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton NOES: Livengood ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY STILTON, TO APPROVE CONDITIONAL USE PERMIT NO.00-63 WITH REVISED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, INCORPORATING ALL APPROVED STRAW VOTE MOTIONS. Commissioner Scandura voiced support for the project, commenting that his concerns related to the mausoleum height and inadequate sidewalk width were outweighed by the project's overall merits. ACTION WAS TAKEN ON THE PREVIOUS MOTION BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Livengood NOES: None ABSENT: Dingwall ABSTAIN: Ray MOTION APPROVED Commissioner Livengood referred to a memo he prepared and distributed to the Planning Commission dated December 7, 2004, titled "Project Entitlement Process." He asked the Commissioners to review the memo and indicated that he would follow-up with staff on the issues identified in the memo. Commissioner Scandura questioned who prepares minute action memos to the City Council referencing the overall drainage problem on the subject property. Staff replied that they prepare the memos on behalf of the Planning Commission and informed the Commission that the applicant appealed the environmental determination approved by the Commission and the appeal will be brought before the City Council. (04pcm1207) PC Minutes December 7, 2004 Page 14 ADJOURNMENT: Adjourned at 10:25. p.mAo December 14, 2004 at 6:00 p.m. for a holiday gathering at the Spark Woodfire Grill, 300 Pacific Coast Highway, Ste. 202, Huntington Beach. The. December 28, 2004 meeting has been canceled. APP VED BY: Howard Zelefsky, Secretary Steve Pay, Chair (04p=1207)