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HomeMy WebLinkAbout1979-01-16Approved 2-6-79 MINUTES 1 HUNTIAGTON BEACH PLANNING COMMISSION " REGULAR MEETING Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESAY, JANUARY 16, 1979 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR: ON MOTION BY COHEN AND SECOND BY HIGGINS THE MINUTES OF DECEMBER 19, 1978, WERE APPROVED AS AMENDED AND THE MINUTES OF JANUARY 3, 1979 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS: Dave Hall, 16291 Kim Lane; Huntington Beach, addressed the Commis- sion in regard to the traffic condition at Heil Avenue and Rhone Drive. He said that the noise and danger at that intersection are increasing, especially with the slight rise to the west at the rail- road tracks and asked that some sort of traffic control be consid- ered. Mike Zambory of the Deportment of Public Works indicated that the Department is monitoring the street in connection with the probable effect of an industrial development at the corner of Heil and Gothard Street and will take Mr. Hall's comments under advise- ment. Mr. Hall also urged'"that the Bolsa Chica be prezoned for preserva- tion as a wildlife habitat. Chairman Finley informed him of the joint study session between the Planning Commission and the City Council which will concern the Bolsa Chica annexation and will be held at 7:00 p.m. January 29 in Room B-8 of the Civic Center. Minutes, H.B. Planning Commission January 16, 1979 Page 2 REGULAR AGENDA ITEMS: ZONE CHANGE NO. 78-19/NEGATIVE DECLARATION NO. 78-109 Applicant: Dr. Joseph Noble To permit change of zone from C4 to (Q)R2 on .75 acres of land located on the north side of Pacific Coast Highway approximately 1500 feet west of Anderson Street. Savoy Bellavia reported that staff has researched the prior divi- sion of land on this property and that approval did not contain any special condition limiting the approval to any specific project or type of project. The public hearing on Zone Change 78-19 and Negative Declaration 78-109 was opened. Randy Morris, representing the applicant, addressed the Commission in support of the change of zone, noting that the area is typically residential on the bay frontage and commercial on the street front- age. He also noted that the "Q" designation would relieve this small development from the requirements of the R2, which cannot be met on this size parcel. Dr. Joseph Noble also addressed the Commission in support of the zone change and his proposed project, pointing out that the problems he will face in developing residential units on the land will be the same as those to be faced if the property remains zoned C2. There being no other persons to speak in regard to this proposal the public hearing was closed. The Commission discussed the information contained in the negative declaration request and the mitigating measures as recommended by staff. ON MOTION BY PAONE AND SECOND BY BAZIL NEGATIVE DECLARATION NO. 78-109 14AS ADOPTED WITH THE FOLLOWING MITIGATING MEASURES FOR THE ULTIMATE PROJECT, BY THE FOLLOWING VOTE: MITIGATING MEASURES: 1. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 2. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 3. Low -volume heads shall be used on all spigots and water faucets. 4. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. -2- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 3 4. 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). AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None Commission discussion ensued. Commissioner Higgins expressed the opinion that the open space for this small project is not really a problem, in that the residents will have the bay available for their use. Commissioner Bazil stated that some better access will be needed and the applicant should make arrangements for an ease- ment or property trade with the owners of the abutting Sam's Sea Food restaurant. Both Commissioners concurred that the City should at some time consider development of an ordinance to allow small condominium projects to be constructed. A motion was made by Paone and seconded by Bazil to approve Zone Change 78-19 with the "Q" designation corresponding to the develop- ment as proposed by this applicant. Commissioner Paone presented his reasons for his motion as follows: 1) the parcel is a problem piece of property which the City has permitted to be divided in its present configuration; 2) the square footage of open space and the recreational facilities are not really applicable to this small development; and 3) a 24-foot access may not be possible to provide, as the necessary property is not under the applicant's ownership or control. Commissioner Bazil withdrew his second because he felt the increased access was needed. Mel Ott informed the Commission that he has reviewed this plan with the architect and it will be necessary that some sort of ease- ment be obtained in order to provide full drive through and turn around to meet emergency access requirements. Commissioner Paone withdrew his motion. Acting Secretary Palin reviewed the history of the present site and explained the purpose of the "Q" designation on zoning as being to allow a change of zoning for a specific project only; the zone would therefore revert to its original state in the event that specific project was not implemented within the specified period of time. The Commission discussed at length the proposed residential use as opposed to the existing commercial designation on the property. ON MOTION BY PAONE AND SECOND BY BAZIL ZONE CHANGE NO. 78-19 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL WITH THE FOLLOW- ING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -3- 1-16-79 - P.C. Minutes,. H.B. Planning Commission January 16, 1979 Page 4 FINDINGS: 1. The proposed residential zoning is consistent and compatible with the surrounding land uses. 2. The subject site is adequate to develop under Articles 931 or 936 with the granting of a special permit. 3. The proposed R2 development would not be considered to be prejudicial to the preparation of the Local Coastal Plan. CONDITIONS OF APPROVAL: 1. The (Q) R2 zoning is granted for the development of the pro- posal as submitted, subject to the following: a. All code requirements with respect to access thereto shall be met; or b'. A plan for access satisfactory to the Huntington Beach Fire Department shall be developed. AYES: Russell, NOES: Higgins, ABSENT: None ABSTAIN: None' Finley, Bazil, Paone Stern, Cohen 1 CONDITIONAL USE PERMIT NO. 78-30 Applicant: B. Steve Mirtle To permit establishment of a take-out deli/sandwich shop in an existing industrial building located at 5482 Oceanus Drive. The public hearing was opened. Steve Mirtle addressed the Commission in support of his request. There were no other persons to speak in regard to this project, and the public hearing was closed. Commission review took into consideration the presently existing number of such service facilities within the industrial tract. ON MOTION BY COHEN AND SECOND BY RUSSELL CONDITIONAL USE PERMIT NO. 78-30 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed use is in substantial conformance with applicable provisions of the Huntington Beach Ordinance Code. 2. The use can be anticipated to fulfill a public need for this type of facility in the industrial area. -4- 1-16-79 - P.C. r u Minutes, H.B. Planning Commission January 16, 1979 Page 5 CONDITIONS OF APPROVAL: 1. The site plan dated December 1, 1978, shall be the approved layout. 2. No more than sixteen (16) on -premise seating shall be pro- vided unless the applicant can provide offstreet parking based on the provisions of Article 979. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None SEACLIFF PHASE IV: Applicant: A. J. Hall Corporation CONDITIONAL USE PERMIT NO. 77-23: TENTATIVE TRACT NO. 10067: TENTATIVE TRACT NO. 10068: TENTATIVE TRACT NO. 10069: 533 single-family and town- house residential units 190 lots; one lettered lot Product B One lot (Product C) 147 lots; one lettered lot Product A Commissioner Higgins informed the Chairman and the Commission that he would abstain from participation or voting on this pro- ject and on the following TT 10511 to avoid any appearance of conflict of interest. Mr. Higgins left the meeting at this point. The public hearing on the Seacliff project was continued from the prior meeting of January 6, 1979, and the meeting was opened for public comment by the Chairman. Steve Schumacher, resident of the existing Seacliff development, addressed the Commission to discuss the traffic impact which might result on Goldenwest Street if 38th Street is installed from the Edwards/Garfield intersection but not completely through to Pac- ific Highway, and urged the Commission to make sure that 38th does not become a "paper" street. He also discussed the means of enforcing the parking restrictions within the tract and the opera- tion of the oil wells in a manner compatible with the adjoining residential units. Ed Shockey addressed the Commission to say that the City needs a completed coastal plan before this development is approved in this environmentally sensitive area. There being no other persons to address these applications, the public hearing was closed. -5- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 6 Acting Secretary Palin presented the revised conditions pursuant to Commission discussion at its January 6, 1979 meeting and outline the revised layouts submitted by the developer. He discussed the City Council's action on the zone change appeal, the response from the Recreation and Parks Commission to the Commission's desires in regard to park dedication, and the new goals and objectives set by the Council which require any new project to carry a guarantee of sufficient funding for future maintenance and upkeep. Staff and Commission reviewed the suggested conditions of approval as follows: Conditional Use Permit 77-23 #6: Mike Zambory reported that prior agreements had been reached between the Huntington Beach Company and the City for a 50/50 participation in the cost of installation of a traffic signal at Palm Avenue and Goldenwest Street; he further informed the Commission it is anticipated that this signal should be installed within a matter of six months. After review it was determined that the City should honor this prior commitment and Condition No. 6 changed accordingly. #7: Commissioner Stern suggested that the time period allowed for the precise plan on 38th Street should be altered from "approva of this project" to "after first recordation of a final map." The Commission concurred with this change. It was also deter- mined that the second paragraph of this condition did not accur- ately reflect the Commission's intention that Palm Avenue be- tween the project and Goldenwest Street should be fully dedi- cated and improved regardless of what determination is finally made on the 38th Street extension, and staff was directed to revise the condition to that effect. #8: Commissioner Stern requested that automatic garage door open- ers be installed on any garage within any project which does not have a 20-foot drive apron, and the Commission agreed to the change. #22: The Commission clarified this condition regarding the required temporary fencing by including that it should be required only adjacent to the project and not for the full length of the proposed 38th Street and that it could be a 5-foot high chain link or cyclone fence construction. #23: Secretary Palin informed the Commission that the revised floor plans for Product C have been submitted; the Commission must make a decision on how access to the parking nodes is to be resolved and amend Condition 23. Mel Ott said that parking will be critical in all areas and some control must be worked out. The Fire Department still prefers the two entries to the parking nodes and would like all access areas not specifi- cally designated for parking spaces to be posted "Fire Lane - No Parking." The Commission discussed means of enforcing -6- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 7 parking restrictions and the budget restraints on using City personnel for such enforcement. Commissioner Bazil suggested that the two access drives within 40 feet of each other would not pose a critical problem off a local residential street and he would go along with the Fire Department's two -entry approach. He also noted that the designation as fire lanes would permit the Fire Department to cite violators. Mr. Ott emphasized that his concern for posting should be applied to all three project areas, not just Product C. Commissioner Paone proposed that the program for parking, circulation, and access within Product C should be to the approval of the Fire Department, providing only that parking count still meets code, and that all other drives and access - ways become fire lanes. The Commission concurred with this condition, and Counsel O'Connor suggested that in future the City Council might wish to address this type of parking problem by an ordinance that would apply uniformly through- out the City. #26: The developer requested that the wording on this condition be clarified, as it might be construed as requiring the Homeowners' Association to maintain the landscaping within the street medians. Mike Zambory informed the Commission that the City will assume responsibility for landscaping within the street medians and anything on the project side of the curb will be maintained by the Association. Staff will rewrite the condition to reflect this. #27: Secretary Palin pointed out that the new plan submitted for the recreational facilities in Product A now provides the amenities requested by Commission. The plan was reviewed and approved and the condition will be amended to reflect the revised plan. Tentative Tracts 10067, 10068, & 10069 #5: The Commission directed that this condition be amended to require that there should be drainage to the ocean via 38th Street if for any reason the proposed drainage system could not be installed (e.g., if permission cannot be obtained from Signal Landmark for the offsite improvements). #13: Secretary Palin reported that he has met with the developer and worked out a curb radius in Product B of 42 feet, which is now depicted on the plan. Therefore he suggested and the Commission agreed that the condition could be revised to require a minimum outside curb radius in Product B of not less than 40 feet. #17: The Commission discussed the future validity of the letter of agreement for acceptance of street drainage. It was decided that the condition should contain the term "irrevocable" and that provision for recordation of the letter should be included. -7- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 8 #21: Park dedication was again reviewed in light of the communi- cation from the Recreation and Parks Commission. Commissione Bazil said that he is in favor of leaving park dedication up to the jurisdiction of the Parks Commission and would not agree to requiring the parks as a condition on the maps. The remainder of the Commission, however, was still in favor of the original two park sites outlined in the suggested condi- tion. Timing on the dedication of the present oil operation site was reviewed, taking into consideration the length of time the oil operation may continue, the cost of acquiring that island in the future, and the question of whether or not the area can be designated now as a park site without credit having to be given for it. Jim Palin reminded the Commission that the blue border of the map will have to be revised to encompass the park site, and that a commitment has already been obtained from the applicant to include the oil island within the blue border of the map as well. Commissioner Bazil suggested that the actual site of the oil island could be designated by an amendment to the General Plan as open space now and acquisition left until the oil opera- tions are terminated. If that were done he could endorse the designation of the 1.5 acre residual parcel as a park sit at the present time, but not the 3-acre park across 38th Street. After extensive discussion the Commission directed staff to amend the condition to require the 3-acre park across 38th Street and the 1.5 acre residual parcel at Palm and Golden - west and also to pursue the redesignation of the oil island to ROS or some other suitable zoning classification via a General Plan amendment. #24: The Commission reviewed this condition, which delineates 'and regulates the drainage system. It was found to comply with the intent of the Commission to assure proper maintenance and continuing effectiveness of the retention ponds and other related facilities. #25: Secretary Palin informed the Commission that this condition requiring a revised map on TT 10068 to meet minimum parking requirements has been met on the revised plan. Commission may either delete or clarify the condition by designating the revised plan as the approved layout, which the Commission determined to do. No further modifications to the suggested conditions of approval were made. Commissioner Cohen stated his feeling that this project will be prejudicial to the Local Coastal Program, that it has not properly -8- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 9 addressed the issue of affordable housing, that there has been little or no trade off for the special permits which have been granted, and that no weight has been given to the cost vs. revenue effect to the City taxpayers which may result from the project. Commissioner Finley also expressed her continuing concern about the Local Coastal Program, saying that approval of the project would be a pre -judgment in this area. She noted that, although the Commission has been advised that the LCP is not within its purview, it should still have been possible for the Commission to act in its advisory capacity to the City Council by pointing out the conflict with the pending Local Coastal Program and perhaps by asking the Council for a moratorium in the area until the LCP is completed. It is her intention to vote against the project to get these concerns in the record. A MOTION WAS MADE BY RUSSELL AND SECONDED BY PAONE THAT CONDITION- AL USE PERMIT NO. 77-23 BE APPROVED WITH THE SUGGESTED FINDINGS AND WITH THE SUGGESTED CONDITIONS AS AMENDED AT THIS MEETING. MO- TION FAILED BY THE FOLLOWING VOTE: AYES: Russell, Bazil, Paone NOES: Stern, Finley, Cohen ABSENT: None ABSTAIN: Higgins Commissioner Finley changed her vote to "aye" on the Conditional Use Permit and will do the same on the tentative tract maps for the following reasons: 1) The maps must be acted on at this meeting or stand approved without conditions; 2) the Commission has worked hard to place conditions addressing the many areas of concern. In all probability the project will be appealed to the City Council and the Council will be able to determine the suffi- ciency of those conditions. THE MOTION FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 77-23 WAS ADOPTED WITH THE FOLLOWING FINDINGS.AND CONDITIONS, BY THE FOLLOW- ING VOTE: FINDINGS: 1. The proposed use of property is consistent with the General Plan. 2. All design and improvement features are proposed in compliance with City ordinances, standards, and special permits granted by the Planning Commission. CONDITIONS OF APPROVAL: 1. The revised composite site plan reflecting those details and ameni- ties as required by the Planning Commission and those shown upon supporting plans received on October 18, 1978 shall be constructed -9- 1-16-79 - P.C. Minutes, H.B. Planning Commission. January 16, 1979 Page 10 as indicated within the developments, including but not limited to open space, water areas, textured pavement, fencing, schematic elevations, materials and colors, recreation facilities, pedestrian walkways, and oil well treatment. 2. Prior to issuance of building permits, all exterior building eleva- tions shall be reviewed and approved by the Planning Department. 3. The CC&Rs and Association rules shall set forth provisions to pro- hibit the storage of recreational vehicles upon designated open parking spaces within the project. 4. Prior to the issuance of building permits, the developer shall submit a final landscape plan for review and approval by the Planning and Public Works Departments. Native plant materials shall be utilized in landscaping programs within the project drainage facilities. The project sponsor shall coordinate with the Depart- ment of Fish and Game in the preparation and review of these land- scape plans. - 5. All garages within Product Area C and any other garages in the other product areas which are constructed having less than a 20 foot drive apron shall be equipped with automatic garage door openers. 6. If central air conditioning is installed in any units, the insula- tion in ceilings and exterior walls shall be a minimum of R-19 and R-11 respectively. If no central air conditioning is provided, the insulation in ceilings and exterior walls shall be a minimum of R-13 and R-7 respectively. 7. All building spoils such as unusable lumber, wire, pipe, and other surplus or unusable materials shall be hauled to an offsite disposal facility. 8. All dwelling units shall be constructed in compliance with the State acoustical standards set forth for all those units that lie within the 60 CNEL contours of the property. 9. Energy saving lighting, such as high-pressure sodium vapor lamps or equivalent energy saving types, shall be used in recreation areas. 10. Low -volume heads shall be used on all spigots and water faucets within the dwelling units. 11. Construction techniques recommended in the geotechnical report on file for the project shall be undertaken to the satisfaction of the Director of Building and Community Development. 12.. Prior to the issuance of building permits, the developer shall submit to the Planning Department for review and approval a fully dimensioned site plan for all lots within the subdivision. -10- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 11 13. Prior to the issuance of building permits, detailed calculations on interior noise levels based on final building plans shall be submitted to the Planning Department and the Building Department for review and approval. The interior noise levels of all structures shall not exceed the California noise insulation standards of 45 dba CNEL. 14. All surfaced areas used for drives for vehicular access in, over, and through all areas within the projects shall be designated as fire access lanes and posted as such. The CC&Rs for the Homeowners' Association shall contain a provision to require that the Association enforce parking restriction in those fire lanes. 15. Approval of Conditional Use Permit No. 77-23 shall become null and void if Zone Change No. 78-4 does not become effective. 16. Prior to recordation of any final map, the CC&Rs for the projects shall be submitted to the Planning Department for review to assure compliance with all applicable conditions of approval and to the Attorney's office for review as to legal form. 17. Prior to final building inspection, temporary fencing to consist of a five (5) foot high chain link construction shall be installed on the northwest side of 38th Street adjacent to the project bound- ary to prohibit access to the surrounding oil operations, bluffs, and marsh area unless the area subsequently becomes subject to the jurisdiction of a public agency. 18. The revised plan for Product C received and dated January 16, 1979 shall be the approved layout for the minimum parking requirements on Product C. Each parking node shall reflect total circulation around and through such area and the design of such circulation shall be subject to the approval of the Fire Department. 19. Prior to any improvements to the existing drainage channel, test level investigations shall be made by a qualified archaeologist approved by the Planning Department for ORA 293 and ORA 294. A written report shall be submitted to the Planning Department indicating the depositional character, the research potential, and potential miti- gating measures for each site. Mitigation measures necessary to preclude site impairment, as approved by the Planning Director, shall be complied with. 20. The CC&Rs and the Association rules shall contain a provision that the Homeowners' Association shall be obligated for maintenance and upkeep of the drainage system, sidewalks, irrigation system, and landscaping both within and outside of the public rights -of -way adjac- ent to the public street sections within the Seacliff Phase IV devel- opment, except that the Association shall not be obligated to maintain any landscaping, street paving, or drainage systems located within the public rights -of -way from back of curb to back of curb. -11- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 12 21. Recreational facilities shall be provided within the common open area of Product Area A. The revised plans received and dated January 16, 1979, shall be the approved layout for these facilities. 22. information submitted by the developer for consideration for inclusion in the Real Estate Report for all three product areas shall contain a statement on the obligation of the Homeowners' Association for the maintenance of private drainage systems and sidewalks. 23. The land owner or his designee shall be responsible for the installa- tion and the maintenance of the berming, landscaping, and wall for noise attenuation treatment along the southwesterly side of Palm Avenue between the existing tennis court facility and the intersection of Palm Avenue and 38th Street. 24. All private drives used to provide ingress and egress for the oil operations shall be required to be constructed with a street section the same as those constructed for local streets. 25. A raised median shall be constructed within A Street at the inter- section with 38th Street, of a width and design to comply with the specifications of the Department of Public Works. 26. If the City develops landscaping standard plans for the scenic routes within the City within one year of the first recordation of any final map within this project, the developer shall install the treatment along 38th Street in compliance with said plans for the off island oil wells, screening walls, and landscaping areas along that route. 27. Street rights -of -way dedication to the City for A and B Streets shall include ± 42 feet, plus area for public utilities easement back of curb to back of curb. All street landscaping and meandering sidewalks shall be owned and maintained by the Homeowners' Associa- tion. Public access shall be provided on perimeter walkways. 28. Street right-of-way dedicated to the City for Palm Avenue shall be 100 feet wide. This right-of-way shall include an 8-foot offstreet bikeway on the southerly side in lieu of a sidewalk. A meandering sidewalk and intensified landscaping shall be provided on the northerly side of the street. The sidewalk/landscaping on the pro- ject side of Palm Avenue shall be owned and maintained by the Home- owners' Association. 29. A meandering sidewalk and intensified street landscaping shall be provided on the east side of 38th Street and shall be owned and maintained by the Homeowners' Association. Public access shall be provided on this perimeter sidewalk. 30. In Tentative Tract 10069, landscape planters with parking on one side only shall be extended in a perpendicular fashion on each end to denote parking areas as outlined in attached Exhibit No. 1. -12- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 13 31. Detailed plans for noise attenuation on the south side of Palm Avenue shall be approved by the Planning Department prior to issu- ance of building permits. 32. Off island wells shall be converted to common open space under the ownership and maintenance of the Homeowners' Association at such time as oil operations cease. The abandonment and clearing of the site of all oil operation equipment shall be the responsibility of the oil operator. The Homeowners' Association shall be responsible for the installation and maintenance of all landscaping to convert the areas to common open space. In the alternative, the developer may, prior to the recordation of a final map; submit a revised site plan to incorporate these areas into additional lots and/or units within Products A and B. This plan shall be reviewed for approval action by the Planning Depart- ment and the CC&Rs for the project shall include provisions for the annexation of these areas. 33. Three-foot (3') maintenance easements shall be provided in Tenta- tive Tracts 10067 and 10069 along all zero side yards unless the Homeowners' Association will assume all exterior maintenance responsibility. 34. A drainage system maintenance plan for percolation/retention ponds, culverts, channel improvements, and related facilities shall be developed to ensure facilities will maintain design capacities to assure continued effectiveness. This maintenance plan shall be approved by the Department of Public Works and the California Department of Fish and Game prior to construction. Maintenance of the drainage system other than in the public street system shall be the responsibility of the Homeowners' Association and/or the developer. Representatives of the Regional Water Quality Control Board and/or the Department of Fish and Game shall be allowed to periodically inspect the drainage system and make recommendations to the Home- owners' Association and/or the developer to take any action necessary to ensure that the drainage facilities are maintained in an effective condition. "Effective condition" shall be defined as that condition which maintains the water flow in terms of both quality and quantity to within 95 percent of: 1) the standards of the Water Quality Control Board, or 2) the existing present condition based upon measurements taken within 60 days subsequent to the approval date of the tenta- tive tract maps, whichever is the more restrictive. If for any reason the Homeowners' Association and/or the developer fails to take action to remedy a deficiency of the drainage system within 30 days of notification of such deficiency, the City may 13 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 14 then take action to maintain that drainage system to restore'it to effective condition and -shall be reimbursed for all costs for such maintenance by the Homeowners' Association and/or the developer. 35. The revised plan for Tentative Tract 10068 received and dated January 16, 1979, shall be the approved plan for minimum parking requirements as set forth in Section 9362.16 of the Huntington Beach Ordinance Code. AYES: Russell, Bazil, Paone, Finley, Stern NOES: Cohen ABSENT: None ABSTAIN: Higgins Commissioner Bazil indicated his desire to have a minority report sub- mitted in his name in opposition to the requirement for the park dedi- cation west of 38th Street. Commissioner Stern suggested that a full report from the Commission be transmitted to the City Council outlining the Commission's concerns with the Local Coastal Plan, the drainage system, the lack of afford- able housing, and other concerns which have been expressed during the discussion of this project. ON MOTION BY RUSSELL AND SECOND BY BAZIL TENTATIVE TRACT 10067 WAS APPROVED WITH THE FINDINGS AND CONDITIONS AS OUTLINED BY STAFF, BY THE FOLLOWING VOTE: AYES: Russell, Stern, Finley, Bazil, Paone NOES: Cohen ABSENT: None ABSTAIN: Higgins ON MOTION BY RUSSELL AND SECOND BY BAZIL TENTATIVE TRACT 10068 WAS APPROVED WITH THE FINDINGS AND CONDITIONS AS OUTLINED BY STAFF, BY THE FOLLOWING VOTE: AYES: Russell, Stern, Finley, Bazil, Paone NOES: Cohen ABSENT: None ABSTAIN: Higgins ON MOTION BY RUSSELL AND SECOND BY BAZIL TENTATIVE TRACT 10069 WAS APPROVED WITH THE FINDINGS AND CONDITIONS AS OUTLINED BY STAFF, BY THE FOLLOWING VOTE: AYES: Russell, Stern, Finley, Bazil, Paone NOES: Cohen ABSENT: None ABSTAIN: Higgins THE FOLLOWING FINDINGS AND CONDITIONS SHALL APPLY SEPARATELY TO EACH TRACT BUT ARE LISTED JOINTLY FOR EASE OF REFERENCE. 1 -14- 1-16-79 - P.0 Minutes, H.B. Planning Commission January 16, 1979 Page 15 FINDINGS: 1. The proposed subdivision is consistent with the General and Specific Plans applicable to the property. 2. The design and improvement features of the proposed subdivision are in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supplemen- tary City Subdivision Ordinance. 3. The site is physically suitable for the type and density of the development proposal. 4. The design of the subdivision and its improvements is unlikely to cause substantial environmental damage or cause serious public health problems. 5. The design of the subdivision and its improvements does not conflict with public easements. CONDITIONS OF APPROVAL: 1. A revised composite site plan incorporating all requirements of the Planninq Commission shall be submitted for review and approval prior to the recordation of any final map. Said revised composite site plan shall then become the approved layout for development of Ten- tative Tracts 10067, 10068, and 10069. 2. Prior to construction of the Seacliff Phase IV project, a traffic signal shall be installed at the intersection of Palm Avenue and Goldenwest Street. The costs of such installation shall be borne on a 50/50 ratio between the developer and the City of Huntington Beach. 3. If the City precise plans 38th Street between Pacific Coast Highway on the south and Garfield Avenue/Edwards Street on the north within a period of one year after recordation of the first final map of this project, the developer shall dedicate 38th Street to its full precise -planned width from Pacific Coast Highway to Garfield Avenue. Full street improvements shall be installed within the blue border of the subject maps and, in the event that 38th Street is so pre- cise planned, the developer shall provide improvement of one (1) 12-foot travel lane in each direction on 38th Street from the north- erly boundary of the map to Garfield Avenue and from the southerly boundary of the map to Pacific Coast Highway. Said dedication and improvements shall be completed prior to issuance of a Certificate of Occupancy for any phase of the projects to be constructed upon the subject site. 4. Palm Avenue shall be dedicated and fully improved to its ultimate right-of-way width from its intersection with A Street within Tentative Tract 10069 southeasterly to its intersection with Golden - west Street. -15- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 16 5. Revised tentative tract maps shall be submitted to reflect the change in the boundary of the total project as conditioned by the Planning Commission. Said revised maps shall be submitted prior to the recordation of any final map. 6. Palm Avenue, A and B Streets, and 38th Street shall be dedicated and fully improved to ultimate right-of-way within the blue border of Tracts 10067, 10068, and 10069. 7. The borders of Tentative Tracts 10069 and 10068 shall be expanded to include the full rights -of -way of Palm Avenue and 38th Street. The borders of Tentative Tract 10067 shall be expanded to include the full right-of-way of Palm Avenue. 8. Final design of the drainage system, the retention basins, and the channel improvements shall be subject to approval by the Director of Public Works, the California Department of Fish and Game, and the Regional Water Quality Control Board prior to recordation of any final map. These systems shall be designed to provide for siltation and erosion control both during and after construction of the project. If for some reason the developer is unable to construct the drainage facilities as proposed in the information he has submitted to the Planning Commission for drainage into the Bolsa Chica, the drainage system shall be redesigned and constructed to accommodate surface drainage from the project area to the ocean via 38th Street. 9. Sewer, water, and fire hydrant systems shall be subject to City standard plans and specifications as adopted by the City Council. 10. Except where private entry drives intersect with Palm Avenue, 38th Street, and A and B Streets, vehicular access rights to said streets shall be dedicated to the City of Huntington Beach. 11. Reach 3 of the District 11 Sanitary Sewer trunk line facility pro- posed to be constructed from the project to Lake Street shall be constructed and in operation prior to the occupancy of any dwelling unit within the Seacliff Phase IV projects. 12. All main entryways from public streets shall have a minimum 30-foot curb radius at locations as specified by the Department of Public Works pursuant to Public Works standards. 13. All inner -turning curb radii shall be a minimum of 17 feet and outer curb radii shall be 45 feet, except in Product B which shall have a minimum outside curb radius of 40 feet. 14. Median breaks and left turn lanes in both directions shall be pro- vided in Palm Avenue at locations and to the specifications of the Department of Public Works. 15. Prior to recordation of the final maps, the developer shall file with the City an irrevocable letter of agreement to accept drainaqe -16- 1-16-79 - P.C. Minutes, H.B. Planning Commission January 16, 1979 Page 23 It was the consensus that a revised plan would be required prior to action, and Commissioners-Bazil and Paone withdrew their motion and second. ON MOTION BY STERN AND SECOND BY COHEN ADMINISTRATIVE REVIEW NO. 78-114 WAS CONTINUED TO THE PLANNING COMMISSION MEETING ON JANUARY 23, 1979, TO PERMIT SUBMITTAL OF A REVISED PLAN, BY THE FOLLOWING VOTE: AYES: Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Higgins ABSTAIN: None DISCUSSION ITEM: The Commission reviewed the communication in regard to Tiffany's which was received from the office of the City Attorney in answer to the Commission's request for an update on the status of that project. Pat Spencer reported that the operators of Tiffany's have now requested a refund of.the filing fee on their pending conditional use permit. After discussion it was unanimously determined that the Commission and the Planning Department should prepare written responses to the communi- cation from the City Attorney. Commissioner Paone told the Commission that he is a member of the Land Use and Environmental Law Committee of the Orange County Bar Association, which is preparing a proposal for possible revisions to the State plan- ning law, and that any suggestions they might wish to bring forward to improve the planning process would be welcomed. The meeting adjourned to a study session at 7:00 p.m. on January 23, 1979. a ames W. Palin Ruth Finley Acting Secretary Chairman :df -23- 1-16-79 - P.C. n f� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 TENTATIVE TRACT MAPS 10067, 10068, 10069 (MODIFIED CONDITION) Applicant: A. J. Hall Corporation 8305 Vickers, Suite "R" San Diego, California 92111 Request: Seacliff Phase IV Location: West of Goldenwest Street, north of Palm Avenue Date of Modification: January 23, 1979 MODIFIED CONDITION OF APPROVAL NO. 18: The Condition of Approval noted above was modified by the Planning Commission at its January 23, 1979 meeting to read as follows: 18. The developer shall be required to dedicate to the City a park site of a minimum area of three (3) acres between the alignment of 38th Street as shown upon his maps and the "City boundary along the bluff line northerly of the inter- section of 38th Street and. Palm Avenue. This dedication shall be completed prior to the recordation of the first final map. The area located on the northeasterly side of Palm Avenue between the oil operation island and the existing tennis court facility within the Seacliff Country Club complex shall be dedicated as a park site concurrently with the recordation of Final Map 10069. 18a. The wall design and landscaping treatment around the oil opera- tion island located at the southeasterly corner of the intersection of A Street and Palm Avenue shall be submitted to the Planning Department for review and approval action. Wall and landscaping shall be installed by the developer, and the Homeowners' Associa- tion shall be responsible for maintenance of the landscaping until such time as the oil operations have terminated upon sub- ject site and an alternate use has been established thereon. I hereby certify that the modifications outlined above were made by the Planning Commission of the City of Huntington Beach, California on January 23, 1979 and shall replace the original condition imposed upon the approval of the maps on January 16, 1979. James W. Palin Acting Secretary •rif