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HomeMy WebLinkAbout1988-07-19APPROVED 8/16/88 r� MINUTES HUNTINGTON BEACH PLANNING COMMISSION JULY 19, 1988 - 7:00 PM Council Chambers 2000 Main Street Huntington Beach, PLEDGE OF ALLEGIANCE - Civic Center California P P P P P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega P P Higgins, Kirkland A. CONSENT CALENDAR GENERAL PLAN CONFORMANCE NO. 88-4 - Applicant: Department of Public Works/City of Huntington Beach - Vacation of a portion of Elm Street right-of-way on the west side of Elm Street, south of Cypress Avenue SUGGESTED ACTION: Find General Plan Conformance No. 88-4 in conformance with the General Plan. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO FIND GENERAL PLAN CONFORMANCE NO. 88-4 IN CONFORMANCE WITH THE GENERAL PLAN, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None MOTION PASSED B. ORAL COMMUNICATIONS Bob Bolen, 1818 Pine Street, owner of property between Fifteenth and Sixteenth Streets spoke in opposition to the Vista Catalina project and urged the Commission to deny the application. He stated his strong objection to the closure of the alley on the project site and feels that beach access would be eliminated by the closure. C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO. 87-39/COASTAL DEVELOPMENT PERMIT NO. 87-29/NEGATIVE DECLARATION NO. 87-38 (CONTINUED FROM JUNE 7. 1988 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY On September 29, 1987, staff transmitted Conditional Use Permit No. 87-39, Coastal Development Permit No. 87-29 and Negative Declaration No. 87-38 to the Planning Commission for action. At that time, the Planning Commission continued the items to December 15, 1987, pending adoption by the State of Bolsa Chica State Beach General Plan Amendment. On June 7, 1988, staff requested continuance of these items to July 19, 1988, so that parking structure plans could be completed which would comply with the requirements of the State Beach General Plan. On March 21, 1988, the City Council reviewed several alternative parking structure designs and directed staff to combine features of two of them into a new concept. Staff is working on that plan and it is anticipated that all design work will be completed by late August 1988. As such, staff is requesting continuance of Conditional Use Permit No. 87-39, Coastal Development Permit No. 87-29 and Negative Declaration No. 87-38 to September 7, 1988. Staff will advertise these items ten (10) days prior to the public hearing. A MOTION WAS MADE BY SLATES, SECOND BY SILVA, TO CONTINUE CONDITIONAL USE PERMIT NO. 87-39, COASTAL DEVELOPMENT PERMIT NO. 87-29 AND NEGATIVE DECLARATION NO. 87-38 TO THE SEPTEMBER 7, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Silva, Leipzig, Ortega, Higgins, C-2 ZONE CHANGE NO. 87-17/USE PERMIT NO. 87-84/NEGATIVE DECLARATION NO. 87-50 APPLICANT: KERNVIEW OIL CORPORATION The applicant has requested that Zone Change No. 87-17, Use Permit No. 87-84 and Negative Declaration No. 87-50 be withdrawn due to the fact that they are in escrow for the sale of the wells on the 40 acre parcel. The Planning Commission will be considering a request to subdivide the property into 162 single family residential lots. If approved, all wells will be removed from the site. PC Minutes - 7/19/88 -2- (1085d) STAFF RECOMMENDATION: Approve withdrawal of Zone Change No. 87-17, Use Permit No. 87-84 and Negative Declaration No. 87-50. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO WITHDRAW ZONE CHANGE NO. 87-17, USE PERMIT NO. 87-84 AND NEGATIVE DECLARATION NO. 87-50, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None MOTION PASSED C-3 CONDITIONAL USE PERMIT NO. 88-14 WITH SPECIAL PERMITS/TENTATIVE TRACT 13559/COASTAL DEVELOPMENT PERMIT NO. 88-13 APPLICANT: VISTA CATALINA This item was continued from the July 6, 1988 Planning Commission meeting at the applicant's request. Previously, the subject request was continued from the June 21, 1988 meeting due to a 3 to 3 vote by the Planning Commission. The public hearing was closed on June 21. Conditional Use Permit No. 88-14 with Special Permits, Tentative Tract 13559 and Coastal Development Permit No. 88-13 constitute a request to develop a 3-story, 32-unit condominium project with subterranean parking. The site is located in the Downtown Specific Plan Area at the northeast corner of Pacific Coast Highway and Sixteenth Street and is currently vacant except for one residence, which will be removed. A portion of the alleyway parallel to Pacific Coast Highway will be vacated and made a part of the project. There are six special permit requests in conjunction with the Conditional Use Permit as follows: to allow 13.75 percent compact parking spaces in lieu of 100 percent standard size spaces; an 8 foot average upper story setback in lieu of 10 feet; a 25 foot-8 inch wide vehicular accessway in lieu of 28 feet; to reduce the area and dimension of private open space and divide private open space into two areas for eleven units; to permit up to 2 feet encroachment of patios into front yard and exterior side yard setbacks; and to permit 6 feet-8 inch exterior side yard setback for subterranean parking structure in lieu of 10 feet. ENVIRONMENTAL STATUS: The proposed project is 82-2 pursuant to Section Quality Act. No further covered by Environmental 15182 of the California environmental review is Impact Report No. Environmental necessary. PC Minutes - 7/19/88 -3- (1085d) COASTAL STATUS: The proposed residential project is subject to approval of a coastal development permit because it is located within the coastal zone under appeal jurisdiction to the California Coastal Commission. SPECIFIC PLAN: The subject property is located within the Downtown Specific Plan, District 2 (Residential) and is subject to the development standards of that plan. STAFF RECOMMENDATION Approve Conditional Use Permit No. 88-14 with Special Permits, Tentative Tract 13559 and Coastal Development Permit No. 88-13 with findings and conditions of approval. Opposition and support was expressed by the Commissioners. Commissioners Livengood, Ortega and Leipzig reiterated their concerns with the closing of the alley and consolidation of the property. Commissioner Kirkland stated that he supported the project however was unable to review the tape or minutes from previous meetings in which he was absent so would be abstaining from the motion. A MOTION WAS MADE BY SLATES, SECOND BY SILVA, TO APPROVE CONDITIONAL USE PERMIT NO. 88-14 WITH SPECIAL PERMITS IN CONJUNCTION WITH TENTATIVE TRACT 13559 AND COASTAL DEVELOPMENT PERMIT NO. 88-13 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Higgins NOES: Livengood, Leipzig, Ortega ABSENT: None ABSTAIN: Kirkland DUE TO LACK OF MAJORITY VOTE ITEM AUTOMATICALLY CONTINUED TO THE AUGUST 2, 1988 PLANNING COMMISSION MEETING Commissioner Kirkland was requested to review the tapes and minutes from June 21 and July 6, 1988 Planning Commission meetings so that he could properly vote at the August 2, 1988 meeting. C-4 ZONE CHANGE NO. 88-12/NEGATIVE DECLARATION NO 88-19 APPLICANT: DONALD TROY Zone Change No. 88-12 is a request to rezone two (2) 25 foot wide by 117.5 foot deep lots from C3 (General Business District) to Townlot Specific Plan -Section A (Low Density Residential). Both lots are located within the boundaries of the Townlot Specific Plan on the northwest corner of Walnut Avenue and Sixth Street. PC Minutes - 7/19/88 -4- (1085d) 1 ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-19 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No. 88-19 and Zone Change No. 88-12 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the zone change and the public hearing was closed. A MOTION WAS MADE BY ORTEGA, SECOND BY SLATES, TO APPROVE ZONE CHANGE NO. 88-12 AND NEGATIVE DECLARATION NO. 88-19 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: Silva, Leipzig, Ortega, Higgins, 1. The proposed zone change from C3 to Townlot Specific Plan -Section A is consistent with the Planning Commission and City Council action regarding Code Amendment No. 86-8. 2. The proposed zone change from C3 to Townlot Specific Plan -Section A is consistent with the City's General Plan of Land Use which is Medium Density Residential. C-5 ZONE CHANGE NO, 88-9/TENTATIVE TRACT 13527/CONDITIONAL USE PERMIT NO. 88-18/COASTAL DEVELOPMENT PERMIT NO. 88-24/NEGATIVE DECLARATION N0, 88-18 APPLICANT: PACIFIC COAST HOMES Zone Change No. 88-9 is a request to change the zoning on 28.8 acres from R3-0 (Medium High Density Residential combined with Oil), R3-O-CZ (Medium High Density Residential combined with Oil and Coastal Zone suffix) and ROS-0 (Recreational Open Space combined with Oil) to Seacliff Specific Plan No. 1 which is essentially a modification of the City's R1 (Single Family) zoning code. PC Minutes - 7/19/88 -5- (1085d) Tentative Tract No. 13527 and Conditional Use Permit No. 88-18 will create a 164 unit single family subdivision which is consistent with the standards of the specific plan. The lot sizes are a minimum of 5,000 square feet and overall density is 5.7 units per acre. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-18 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued COASTAL STATUS: Approximately 7 acres of the project area is in the non -appealable area of the coastal zone. Therefore, Coastal Development Permit No. 88-24 has been prepared in conjunction with the conditional use permit. SPECIFIC PLAN: The applicant proposes to create the Seacliff Specific Plan No. 1 for application to the site as zoning. STAFF RECOMMENDATION: A. Approve Negative Declaration No. 88-18 and Zone Change No. 88-9 and recommend adoption by the City Council. B. Approve Coastal Development Permit No. 88-24, Tentative Tract 13527 and Conditional Use Permit No. 88-18 with findings and conditions of approval. Commissioner Higgins stated he would be abstaining from any discussions or motions regarding this request due to conflict of interest. THE PUBLIC HEARING WAS OPENED Bill Holman, representing the applicant, gave a brief summary and spoke in support of the project. He requested the Commission allow him one to two years to replace recreational open space in order to comply with the General Plan as suggested by staff. He asked that they consider the replacement as a separate item. He also stated there is drainage problems on the golf course, however only during construction, and not reason for concern. In answer to a question from the Commission regarding fencing along the golf course he stated that the application prefers open fencing and that it would be covered in the CC&R's for the development. There were no other persons present to speak for or against the project and the public hearing was closed. PC Minutes - 7/19/88 -6- (1085d) I I Recreational Open Space replacement and Affordable Housing requirement were discussed by the Commission. Suggested changes were given to staff to the Seacliff Specific Plan. A STRAW VOTE MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO ACCOMPLISH RECREATIONAL OPEN SPACE REPLACEMENT BY REZONING SURROUNDING UNDEVELOPED PROPERTIES TO ROS OR DEDICATING LAND FOR THE LINEAR PARK, WITH THE METHOD OF REPLACEMENT TO BE REVIEWED AND APPROVED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Kirkland NOES: None ABSENT: None ABSTAIN: Higgins STRAW VOTE MOTION PASSED A MOTION WAS MADE BY SLATES, SECOND BY KIRKLAND, TO APPROVE ZONE CHANGE NO. 88-9, TENTATIVE TRACT 13527, CONDITIONAL USE PERMIT NO. 88-18, COASTAL DEVELOPMENT PERMIT NO. 88-24 AND NEGATIVE DECLARATION NO. 88-18, WITH FINDINGS, REVISED CONDITIONS OF APPROVAL AND SUGGESTED CHANGES TO SEACLIFF SPECIFIC PLAN, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Kirkland NOES: None ABSENT: None ABSTAIN: Higgins MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO, 88-9: 1. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan is consistent with the General Plan designation of Planned Community and Coastal Element. 2. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan is compatible with surrounding General Plan land use designations of Open Space, Planned Community and Low Density Residential. 3. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan represents a lessening of planned development intensity in the area. 4. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan will not create adverse impacts on the surrounding uses. 5. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan will not result in a project which will exceed the capacities of City and public facilities. PC Minutes - 7/19/88 -7- (1085d) SUGGESTED CHANGES TO SEACLIFF SPECIFIC PLAN: 1. Modify General Provisions Section: "1. ...The standards for such streets and drives, including width and construction, shall comply with City standards and conform to the requirements of this Article. Street layout shall conform with Exhibit C." 2. Add to General Provisions section as follows: "13. Coastal Zone - The portion of the project area designated with a 'CZ' (Coastal Zone) suffix as shown on Exhibit 'D' shall be subject to the requirements of Article 969.9 (Coastal Zone) of the Huntington Beach Ordinance Code." "14. Recreation Open Space Replacement - An equivalent amount of land area (approximately 4.6 acres of open space) rezoned from 'ROS' to Seacliff Specific Plan as a result of Zone Change No. 88-9 shall be replaced as open space within the vicinity. This may be accomplished by rezoning surrounding undeveloped properties to 'ROS'; or dedicating land for the linear park. The method for compliance shall be subject to review and approval by the Planning Commission prior to the issuance of any building permits. Such replacement shall be implemented prior to occupancy of the first unit." 3. Modify 'Exhibit A' map by adding a zipatone pattern to denote the subject area. 4. Add 'Exhibit D' which shall be a zoning map delineating an area within the subject area designated with a -CZ suffix. 5. Modify D.5.(b) of Residential Development Standards to add: ..and walls exceeding 42 inches in height - 15 feet." 6. Modify D.5.(e) of Residential Development Standards as follows: "Accessory buildings - 50 feet or rear one-half of lot, whichever is greater." 7. Modify D.6.(b) of Residential Development Standards as follows: "Exterior side yard - The minimum setback from exterior side yard property lines for dwelling, garage (except front entry garages) and accessory buildings is 10 feet. Front entry garages shall be provided with minimum 20 foot setback and with roll -up garage door. Setback for fireplaces is 7 feet." 8. Delete D.6.(c) of Residential Development Standards. 9. Delete D.11.(e) of Residential Development Standards. PC Minutes - 7/19/88 1-8- (1085d) FINDINGS FOR APPROVAL - TENTATIVE TRACT 13527: 1. The proposed 164 lot single family subdivision is proposed to be constructed having 5.7 units per net acre. 2. The proposed 164 lot single family subdivision is consistent with the provisions of the draft Seacliff Specific Plan No. 1. 3. The General Plan is set up for the provision of this type of development. 4. The site is relatively flat and physically suitable for the proposed density and type of development. 5. The tentative tract is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 88-24: 1. The proposed subdivision conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element. 2. Coastal Development Permit No. 88-24 is consistent with the CZ suffix. 3. At the time of occupancy, the proposed subdivision can be provided with intrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Land Use Element of the General Plan. 4. The proposed subdivision conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The Mello Bill Affordable Housing Requirement, Government Code Section 65590(d), is satisfied in the following manner: a. The City has provided density bonuses within three miles of the coastal zone which have provided affordable housing; b. Due to the location and economics involved it would not be feasible to develop affordable housing on this site. The value of the land coupled with the need to provide subterranean parking on site would prohibit the ability to provide for affordable housing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 88-18: 1. The proposed single family subdivision will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the vicinity; or will not be detrimental to the value of the property and improvements in the vicinity. PC Minutes - 7/19/88 -9- (1085d) 2. The proposed single family subdivision is compatible with existing or proposed uses in the vicinity. 3. The location, site layout, and design of the proposed use is properly related to the streets, drives and other structures and uses in the vicinity in a harmonious manner. 4. The proposed subdivision is in conformance with the proposed Seacliff Specific Plan No. 1. 5. Architectural features and general appearance of the proposed single family subdivision shall enhance the orderly and harmonious development of the Seacliff Specific Plan area. 6. The proposed single family subdivision is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - TENTATIVE TRACT 13527: 1. Tentative Tract 13527 dated July 13, 1988, shall be the approved layout with the following modifications: a. The access road to the retention basin shall include a fire lane for emergency purposes connecting Woodlands Drive to Seapointe, subject to Fire and Public Works Departments approval. 2. Seapoint Avenue shall be constructed to its full right-of-way adjacent to the tract. 3. Seapointe Avenue shall be connected to Garfield Avenue and shall be open to the public prior to occupancy of the first unit. Design, width and alignment of the connection shall be subject to review by Public Works, Fire and Community Development Departments and final approval by the Planning Commission. 4. Hydrology and hydraulic calculations shall be conducted per the latest Orange County EMA Hydrology Manual and approved by the Public Works Department. 5. The existing retention basin and appurtenances shall be analyzed for adequacy using all tributary runoff. 6. Prior to issuance of any grading permits or approval of hydrology, the existing problems with the retention basin system (i.e. percolation versus discharge) shall be resolved with all affected agencies. PC Minutes - 7/19/88 -10- (1085d) 7. Sewer capacity calculations shall be conducted for the unoccupied areas of this tract and Seacliff IV and analyzed with flow meter data upstream and downstream of the private sewer lift station. The capacity of the lift station shall also be analyzed. These capacities shall be used to determine the extent of any necessary upgrading by the applicant of the present system prior to the issuance of final inspection. 8. All sewer and drainage facilities shall be privately maintained. 9. The entrance street/security gate configuration shall be approved by Public Works Department. 10. A 36 inch box tree is required per lot and a second 36 inch box trees per corner lot provided adequate space is available. 11. A grading plan and soils report shall be submitted for Public Works approval. 12. Water mains shall be looped from Woodlands to Seapointe and from Woodlands to "B" Street. 13. Each dwelling unit shall have individual water meters. Also, the irrigation system shall be separately metered. 14. Backflow devices shall be installed on all domestic pool, fire and irrigation services. 15. All required street improvements including the street lighting system, shall be approved by the City and shall be installed on all adjacent streets and alleys. 16. Conditions, Covenants and Restrictions (CC&Rs) shall be submitted for review and approval by the City Attorney and Community Development Department in accordance with Article 915 prior to final recordation of Tract Map 13527. 17. Tentative Tract 13527 shall not be considered approved until Zone Change No. 88-9 has been approved by the City Council and in effect. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 88-18: 1. The site plan, floor plans and elevations, received and dated July 13, 1988, shall be the approved plans, with the following modification. a. The access road to the retention basin shall include a fire lane for emergency purposes connecting Woodlands Drive to Seapointe, subject to Fire and Public Works Department approval. PC Minutes - 7/19/88 -11- (1085d) 2. Prior to the issuance of building permits, the following shall be submitted and/or completed: a. The applicant shall submit a landscape and irrigation plan to the Community Development Department and Public Works for review and approval. Any existing mature trees on site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36" box trees which shall be incorporated into the project's landscape plan. b. All applicable Public Works fees shall be paid. c. Final Tract Map No. 13527 shall be accepted by the City Council. It shall be recorded with the County Recorder's office prior to the first Certificate of Occupancy issuance. d. A listing of proposed private street names for review and approval to the Fire Department and three site plans shall be submitted to the Planning Division for addressing purposes. e. Gated entryway plans to the Department of Community Development, Fire and Public Works. A "statement of architecture" should be incorporated to highlight the theme of the development. Said gated entryway shall comply with Fire Department Standard 403. f. The floor plans shall reflect outlets for natural gas and 220V electrical at the location of clothes dryers, natural gas outlets at the locations of cooking facilities, water heaters, and central heating units, and low volume heads shall be used on all showers. g. The structures on the subject property, whether attached or detached, shall be designed and constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. h. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. PC Minutes - 7/19/88 -12- (1085d) 1 i. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 3. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 4. Fire Department requirements are as follows: a. Fire hydrants (a minimum of 10) are to be installed pursuant to Fire Department and Public Works standards. The fire hydrants must be installed prior to combustible construction. Fire flow provided must be a minimum 4,500 gpm. b. All existing or former oil well sites must be abandoned pursuant to Division of Oil and Gas and Fire Department standards. c. Building address numbers are to be installed pursuant to Fire Department standards. d. Any security gates which are locked must be provided with a "knox key box" for emergency access key. e. During construction, the construction site must comply with Article 87 of the Fire Code. Additionally, when the subdivision has reached 50 percent built stage, a 24-hour fire watch, approved by the Fire Department, must be provided for the abatement of fire hazards and for reporting code violations, suspicious persons and fires to the Fire Department. The number and length of minimum one inch diameter hoses shall be approved by the Fire Department and must be provided on site for use on small incipient fires. 5. The method of trash pick up shall be subject to the approval of Public Works Department. 6. All building spoils such as unusable lumber, wire, pipe and other surplus or unusable material, shall be disposed of at an off site facility equipped to handle them. PC Minutes - 7/19/88 -13- (1085d) 7. Prior to establishment of an on -site model complex and/or sales office, the developer shall receive approval from the Zoning Administrator. 8. This conditional use permit shall not become effective until Zone Change No. 88-9 has been approved by the City Council and in effect. C-6 CONDITIONAL USE PERMIT NO. 88-27/CONDITIONAL EXCEPTION (VARIANCE) NO. 88-78/TENTATIVE TRACT 13656/NEGATIVE DECLARATION NO. 88-23 APPLICANT: J. M. PETERS/SAND DOLLAR DEVELOPMENT Tentative Tract No. 13656 is a request to subdivide a 38 acre site into 162 lots with private streets. Two lots may be reserved as a water well site for the Laguna Beach County Water District. Conditional Use Permit No. 88-27 is a request to allow an average building height of up to 30.0 feet to compensate for compliance with floodplain regulations. The property is located within a floodplain, and each dwelling is required to have the lowest floor elevated to 11 feet above sea level. The average site elevation is 5 feet-9 inches, therefore, the existing grade must be raised approximately 5 feet. This reduces the vertical buildable distance allowed under the maximum building height allowances to approximately 20 feet above the new grade. Conditional Use Permit No. 88-27 also includes a request to exceed the maximum six foot height for fences/walls. Recently, Code Amendment No. 87-9 (Yards and Fencing) was adopted by the City Council amending the fencing regulations which contained a provision to allow fencing to exceed the maximum permitted height as measured from natural grade pursuant to approval of a conditional use permit. Conditional Exception (Variance) No. 88-78 is a request to reduce the required minimum 22 foot garage setback to 18 to 20 feet on six lots. This request has subsequently been withdrawn based upon a revised plot plan depicting compliance of all lots to the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-23 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued. 1 PC Minutes - 7/19/88 -14- (1085d) STAFF RECOMMENDATION: Approve Negative Declaration No. 88-23, Tentative Tract No. 13656 and Conditional Use Permit No. 88-27 with findings and conditions of approval and accept withdrawal of Conditional Exception (Variance) No. 88-78. THE PUBLIC HEARING WAS OPENED Bob Trapp, applicant, spoke in support of the project. He feels the development is an upgrade in quality compared to previous projects. He stated the average height in the tract is 23 to 24 feet on 5 feet of fill and parking problems are not anticipated. He voiced concern with Condition 3 of Tentative Tract 13656. Instead of constructing the full median he suggested one-half of the median be completed on both sides. John Ullom, Sand Dollar Development, spoke in support of the project. Ted Timmons, 21171 Chubasco Lane, spoke in opposition to the project. He feels the project does not comply with elevation requirements and that the development will be more elevated than the surrounding neighborhoods creating drainage problems. He feels if a traffic study was conducted that his neighborhood should have been questioned. He feels there are traffic/parking problems in the area. He urged the Commission to deny the request until further studies were completed. There were no other persons present to speak for or against the project and the public hearing was closed. The Commission suggested a truck route and hours of operation regarding dirt hauling be added to the conditions of approval. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO APPROVE CONDITIONAL USE PERMIT NO. 88-27, TENTATIVE TRACT NO. 13656 AND NEGATIVE DECLARATION NO. 88-23 WITH FINDINGS AND CONDITIONS OF APPROVAL, AND TO ACCEPT WITHDRAWAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 88-78, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED MOTION WAS RECONSIDERED IN ORDER TO ADD ADDITIONAL CONDITIONS OF APPROVAL. PC Minutes - 7/19/88 -15- (1085d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO APPROVE CONDITIONAL USE PERMIT NO. 88-27, TENTATIVE TRACT NO. 13656 AND NEGATIVE DECLARATION NO. 88-23 WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, AND TO ACCEPT WITHDRAWAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 88-78, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Silva, Leipzig, Ortega, Higgins, FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 13656: 1. The proposed subdivision of this 38 acre site into 162 lots conforms to the R1 zoning requirements. Each lot is greater than 6,000 square feet in size and generally rectangular in shape. 2. The proposed 162 lot subdivision is consistent with the objectives and policies of the General Plan. Single family homes will be developed within the subdivision which is consistent with the General Plan Land Use Map designation of Low Density Residential. 3. The site is physically suitable for the proposed density and type of development. Proposed density is 4.26 units per gross acre and will more than adequately accommodate single family residential development. The import of fill material will raise the habitable floor area above the minimum flood level requirements. The site is bounded by Bushard Street to the east and Atlanta Avenue to the north for vehicle access. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 88-27: 1. The proposed building height up to 30 feet and fence height of 11 feet will not be detrimental to the general health, welfare, safety and convenience of persons residing or working in the neighborhood, or to the value of the property and improvements in the neighborhood. The property is bounded by Bushard Street and Atlanta Avenue to the east and north which are 80 and 100 feet right-of-ways, respectively; a 150 foot wide flood control channel to the west; and an Edison right-of-way to the south. Development on the lots will conform with all other provisions of the R1 zoning code. 2. The conditional use permit for building height and fence height will be compatible with existing and proposed uses in the vicinity. A 10 to 15 foot landscape buffer will be provided on the subject site along both street frontages to minimize visual effect of the change in grade. Also, there are two-story homes to the north, east and west. Fencing material will be decorative block. 1 PC Minutes - 7/19/88 -16- (1085d) 3. The granting of the conditional use permit is consistent with the goals and policies of the General Plan. 4. Granting of the conditional use permit for an increased building height is necessary to accommodate a two-story residence and security measure on property which has a required elevated grade for floodproofing purposes. CONDITIONS OF APPROVAL - TENTATIVE TRACT N0, 13656: 1. The Tentative Tract Map 13656 received July 7, 1988, shall be revised to show: a. All public right-of-way and property line radii. b. The purpose of the proposed easements. 2. Atlanta Avenue and Bushard Street shall be fully improved per Public Works standards. 3. The median on Atlanta Avenue shall be constructed to full width including all landscaping, irrigation, etc. 4. Lots designated as future well site shall be enclosed with a block wall, landscaped per City standards, and privately maintained. 5. All landscaping plans (including the perimeter and lettered lots) shall be submitted for Public Works approval. A thirty-six (36) inch box tree shall be planted in the front yard of each lot and in the exterior side yard of each corner lot. 6. Landscaping within the lettered lots shall be maintained by the developer/homeowners' association. 7. Underground all utilities on Atlanta Avenue and Bushard Street. 8. Modify the traffic signal facilities at Atlanta/Bushard (loops, etc.) to City standards. 9. Restripe Bushard Street and Atlanta Avenue as required per the City Traffic Division. 10. All street lights shall be shown on the improvement plans with their exact location. Also show their relationship to driveways. 11. The water system shall be dedicated to the City. 12. If homes are over two stories, approved reduced pressure principal devices shall be installed with the individual water service. PC Minutes - 7/19/88 -17- (1085d) 13. The security gate/street entrance design configuration shall be approved by the Public Works Department. 14. Parking shall not be allowed on Atlanta Avenue and Bushard Street. 15. Sewer mains shall be located 5 feet north or east of street centerline and water mains located 10 feet south or west of street centerline. 16. Sewer mains and on -site drainage facilities shall be privately maintained. 17. Connection(s) to City/OCSD sewers shall be at approved locations. 18. Hydrology and hydraulic studies shall be approved by the Public Works Department and O.C.E.M.A. If the calculated flows exceed the existing drainage facilities' capacity, on -site retention shall be provided. 19. 100 year storm runoff shall be stored within the tract per O.C.E.M.A./City requirements. 20. Off -site drainage facilities (storm drains, pump station modifications, etc.) shall be the responsibility of the developer. Drainage easements through private property shall be obtained by the developer, as required. 21. Runoff from the tract shall not drain directly to the adjacent OCFD channel. 22. Treatment of filled area adjacent to the flood control channel shall be approved by the City and the OCEMA. 23. The private streets shall be designed and constructed to City standards and maintained by the developer/homeowners' association. 24. Vehicular access rights to Atlanta Avenue and Bushard Street shall be dedicated to the City except at approved street locations. 25. The grading plan and soils report shall be approved by the Public Works Department. 26. A truck route shall be approved by the Public Works Department prior to obtaining a grading permit. Hours of deliveries and operation shall be limited to between 7:00 AM to 6:00 PM, Monday through Friday, 7:00 AM to 5:00 PM on Saturday, and no work on Sundays. PC Minutes - 7/19/88 -18- (1085d) 27. Covenants, conditions and restrictions to establish a homeowner's association shall be submitted for review and approval by the Department of Community Development and City Attorney prior to recordation of the final map. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 88-27: 1. The site plan received July 8, 1988, and floor plans and elevations received July 12, 1988, shall be the conceptually approved layout with the following modifications: a. Roof peak shall not extend more than 5 feet above the average roof pitch. b. Revision to the cul-de-sac lots to provide additional on -street parking as depicted on the parking detail plan received July 19, 1988 2. Prior to issuance of building permits, the applicant shall submit and/or complete the following: a. A detailed landscape and irrigation plan to the Department of Community Development and Public Works for review and compliance. Said plan shall include the specie of each 36-inch box tree required for each lot, treatment for possible water well sites and landscaping for lettered lots. Any existing mature trees on site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36" box trees which shall be incorporated into the project's landscape plan. b. Perimeter fencing plans for review and approval which depict decorative materials along flood control channel, Atlanta, Bushard, and the easterly 150 feet adjacent to the Edison right-of-way. C. Gated entryway plans to the Department of Community Development, Fire and Public Works. A "statement of architecture" should be incorporated to highlight the theme of the development. Said gated entryway shall comply with Fire Department Standard 403. d. Payment of all applicable Public Works fees. e. A listing of proposed private street names for review and approval to the Fire Department and three site plans shall be submitted to the Planning Division for addressing purposes. PC Minutes - 7/19/88 -19- (1085d) f. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. h. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. i. The floor plans shall reflect outlets for natural gas and 220V electrical at the location of clothes dryers, natural gas outlets at the locations of cooking facilities, water heaters, and central heating units, and low volume heads shall be used on all showers. j. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. k. A lighting plan to assure energy efficient lamps are used (e.g., high pressure sodium vapor, metal halide) and all outside lighting is directed to prevent "spillage"onto adjacent properties. 1. Verification (documentation) that the development complies with City and Federal floodplain development standards. M. Final Tract Map No. 13656 shall be accepted by City Council. It shall be recorded with the County Recorder's office prior to Certificate of Occupancy issuance for the first unit. 1 PC Minutes - 7/19/88 -20- (1085d) 3. Single family residential development of each lot shall conform to all provisions of the Huntington Beach Ordinance Code except as noted in the conditional use permit. 4. Fire Department requirements are as follows: a. Fire hydrants shall be installed within 300 feet of travel of all buildings. Fire flow (3,500 square foot building) shall be approximately 2,000 gallons per minute minimum. b. All-weather surfaced roads and fire hydrants shall be installed prior to combustible construction. c. All structures exceeding 3,500 square feet shall have non-combustible roofs. d. Private street surface shall be capable of supporting fire equipment. e. All oil wells shall be abandoned to Department of Oil and Gas and Huntington Beach Oil Code specifications and approved prior to release of building permits. 5. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 6. Prior to establishment of an on -site model complex and/or sales office, the developer shall receive approval from the Zoning Administrator. 7. 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. C-7 CONDITIONAL USE PERMIT NO 88-21 WITH SPECIAL PERMITS/TENTATIVE TRACT MAP 13628/NEGATIVE DECLARATION NO. 88-21 APPLICANT: THOMAS L. JACOBS The proposed 9-unit condominium project is located north of Yorktown Avenue approximately 200 feet east of Huntington Street at the existing Boy's and Girl's Club site. The site is zoned R2 (Medium Density Residential) and is surrounded by apartment developments. The applicant is developing to PD (Planned Development) standards, under which the allowable density for the site is 7.67 units. The request includes a 25 percent density bonus for a total of 9 units, and nine special permit requests pursuant to Article 915 of the Huntington Beach Ordinance Code. PC Minutes - 7/19/88 -21- (1085d) ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-21 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued. STAFF RECOMMENDATION: Approve Negative Declaration No. 88-21, Tentative Tract 13628 and Conditional Use Permit No. 88-21 for a 9 unit condominium project including a two -unit density bonus with Special Permits relating to building offset, vehicle turnaround, drive aisle width, and distance between parking area and building, and distance between drive aisle and garages, with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Thomas Jacobs, applicant, spoke in support of the project and made himself available for any questions from the Commission. Brian O'Connor, 19581 Pompano Lane, spoke in opposition to the findings for approval for this project. He feels they are contradictory and feels codes should protect home buyers. There were no other persons present to speak for or against the project and the public hearing was closed. It was suggested the nine special permits on the project be clarified in the findings since it was not unanimously agreed that the project should be approved with special permits and a density bonus. A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO APPROVE CONDITIONAL USE PERMIT NO. 88-21 WITH NINE SPECIAL PERMITS, TENTATIVE TRACT MAP 13628 AND NEGATIVE DECLARATION NO. 88-21, WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Ortega, Higgins, Kirkland NOES: Silva, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 88-21: 1. The establishment of a nine -unit condominium project including a 2 unit density bonus will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to property and improvements in the vicinity. PC Minutes - 7/19/88 -22- (1085d) [J 1 2. The proposal for a nine unit condominium project is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The location, site layout, and design of the proposed nine unit condominium complex properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. The access to and parking for the proposed nine unit condominium complex does not create an undue traffic problem. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits for deviations to the requirements of Article 915 of the Huntington Beach Ordinance Code promote a better living environment and provide an improved site layout and design: a. Reduce the distance between unenclosed parking area and vehicle accessway and dwelling unit from 15 feet to 3 feet. b. Reduce the distance between the vehicle accessway and garage from 20 feet for one-half the units and 5 feet for the other half to 2 feet for all the units. c. Reduce the width of the accessway from 36 feet wide in the first 100 feet of length to 24 feet wide over the entire length. d. Eliminate the 31 foot radius vehicle turnaround for driveways over 150 feet in length. e. To permit a 2 foot offset for each side -by -side unit in lieu of a 4 foot offset for every two such units. f. Reduce the side yard setback from 10 feet to 8 feet for 5 units. g. Reduce building separation from 30 feet to 26 feet. h. Permit all units to be three-story in lieu of requiring one-third of the units to be one story lower. i. Reduce the main recreation area minimum dimension from 50 feet to 40 feet. 2. The approval of the special permits will not be detrimental to the general health, welfare, safety and convenience of the neighborhood in general, nor detrimental or injurious to the value of property or improvements in the neighborhood. PC Minutes - 7/19/88 -23- (1085d) 3. The special permit requests are consistent with the objectives of Article 915 of the Huntington Beach Ordinance Code in achieving a development adapted to the parcel and compatible with the surrounding environment. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP 13628: 1. The size, depth, frontage and other design features of the proposed 10-lot subdivision for 9 units are in compliance with the standard plans and specifications on file with the City as well as with the State Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for Medium Density Residential development at the time the General Plan designation and R2 zoning was placed on the site, and will accommodate the development of 9 condominiums. 3. The General Plan has set forth provisions for this type of land use as well as objectives for the implementation of this type of housing. 4. The site is physically suitable for the proposed density of 17.5 units per gross acre. 5. The tentative tract is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 88-21: 1. The site plan, floor plans and elevations received and dated July 13, 1988, shall be the conceptually approved layout, subject to the following modifications: a. Final elevations shall be subject to the review and approval of the Design Review Board. The exterior sides of the two buildings shall be revised to reflect similar architectural treatment to the building facade facing Yorktown. b. Revise trash location. c. Revise plans to reflect only those special permit requests granted by Planning Commission. 2. Prior to issuance of building permits, the applicant shall submit the following: a. Landscape and irrigation plan to the Department of Community Development and Public Works for review and approval. PC Minutes - 7/19/88 -24- (1085d) b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. c. All applicable Public Works fees shall be paid. d. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. e. A grading plan shall be submitted to and approved by the Department of Public Works. f. All utility apparatuses such as, but not limited to, backflow devices and Edison transformers, shall be depicted on the site plan, and shall be located out of the front yard setback, where feasible. All such equipment shall be screened with landscaping or in another manner approved by Community Development Department. g. The applicant shall enter into an agreement to provide 2 units (for a 25% density bonus) for persons of low and moderate income, pursuant to Government Code Section 65590(d). Fifty percent (50%) of the designated affordable units shall be for persons of low income, and fifty percent (50%) for persons of moderate inmcome. The applicant's compliance with Government Code Section 65590(d) shall be subject to the review and approval of the Department of Community Development. This agreement shall be reviewed and approved by the City Attorney's Office as to form and content and approved by the Director of Community Development. h. An interim parking and/or building materials storage plan shall be submitted to assure adequate parking is available for employees, contractors, etc., during the project's construction. i. Final Tract Map No. 13628 shall be accepted by City Council. It shall be recorded with the County Recorder's office prior to Certificate of Occupancy issuance. j. Applicant shall submit a copy of revised plans pursuant to Condition No. 1 for file. PC Minutes - 7/19/88 -25- (1085d) k. 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). All measures recommended to mitigate noise to an acceptable level shall be incorporated into the design of the project. 1. Floors plans shall depict natural gas outlets at the locations of cooking facilities, water heaters, and central heating units, low -volume heads on all spigots and water faucets, and natural gas and 220V electrical outlets at the location of clothes dryers. M. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. n. A lighting plan which includes high-pressure sodium vapor lamps for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 3. Fire Department requirements are as follows: a. One on -site fire hydrant shall be provided at a location specified by the Fire Department, to be installed and operable prior to combustible construction. b. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. C. Project shall have a fire alarm system per Fire Department specifications. d. Main drive area shall be a 24 foot designated fire lane. e. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. Landscaping shall comply with Articles 915 and 960 of the Huntington Beach Ordinance Code and shall be installed prior to final inspection. 6. Driveway approach shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 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. PC Minutes - 7/19/88 -26- (1085d) 1 CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP 13628: 1. The tentative tract map received and dated June 29, 1988, shall be the approved plan. 2. Vehicular access rights to Yorktown Avenue shall be dedicated to the City except at the approved driveway location. 3. A 12 inch PVC water main shall be constructed in Yorktown Avenue for the frontage of the project and connect to the existing 6 inch main. 4. Approved reduced pressure principle (rpp) devices shall be installed with the individual water service to each unit over two stories. 5. CC&Rs shall be submitted to and approved by the City Attorney and the Department of Community Development prior to recordation of the final map, in accordance with Article 915 of the Huntington Beach Ordinance Code. C-8 SITE PLAN AMENDMENT NO. 88-8 APPLICANT: DR. NEIL FRIEDMAN On August 4, 1987, the Planning Commission approved Conditional Use Permit No. 87-15 which is a request to permit a 20-bed expansion to an existing medical facility. Combined with the request was Conditional Exception (Variance) No. 87-23 to allow the existing landscaping to remain. As part of the expansion, parking demand required the construction of a four level parking structure. Condition 2.f of Conditional Use Permit No. 87-15 requires that landscape planter boxes shall be added along the rails of the parking structure. Site Plan Amendment No. 88-8 is a request to delete the condition which requires the planter boxes along the rails of the parking structure. STAFF RECOMMENDATION: Approve Site Plan Amendment No. 88-8 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Madelyn Tinkler, representing the applicant, spoke in support of the request. Boris Landau, 17752 Beach Boulevard, project manager, spoke in support of the request. There were no other persons present to speak for or against the request and the public hearing was closed. PC Minutes - 7/19/88 -27- (1085d) A MOTION WAS MADE BY SILVA, SECOND BY ORTEGA, TO APPROVE SITE PLAN AMENDMENT NO. 88-8, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The deletion of Condition 2.f of Conditional Use Permit No. 87-15, which requires landscape planter boxes along the rails of the parking structure, will not adversely affect the architectural integrity of the structure. 2. The deletion of Condition 2.f is consistent with the Design Review Board recommendation. 3. Enhanced landscaping and required mature trees will mitigate the deletion of the landscape planter boxes and will soften the design of the proposed parking structure. CONDITIONS OF APPROVAL: 1. The parking structure elevations dated July 8, 1988, and landscape plans dated and approved June 14, 1988, for the parking structure shall supercede those previously approved. 2. All previous conditions of Conditional Use Permit No. 87-15, except Condition 2.f, shall remain in effect. C-9 CONDITIONAL USE PERMIT NO, 88-19 APPLICANT: ABDUL ALAFANDI Conditional Use Permit No. 88-19 is a request to operate a liquor store with beer and wine sales in an existing commercial center on the west side of Beach Boulevard approximately 1,000 feet north of the corner of Beach Boulevard and Warner Avenue. Section 9220.1.d of the Huntington Beach Ordinance Code requires a conditional use permit for the initial establishment of a liquor store. ENVIRONMENTAL STATUS: The proposed project is exempt Class 1 Section 15301 from the provisions of the California Environmental Quality Act. PC Minutes - 7/19/88 -28- (1085d) STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-19 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED There were no persons to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY SLATES, SECOND BY HIGGINS, TO APPROVE CONDITIONAL USE PERMIT NO. 88-19, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the liquor store will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Conditional Use Permit No. 88-19 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The access to and parking for the proposed liquor store does not create an undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 24, 1988, shall be the approved layout. 2. Prior to occupancy of the building, as a liquor store, the following shall be completed: a. The major identification sign shall be removed or altered to comply with Article 961. PC Minutes - 7/19/88 -29- (1085d) b. A planned sign program shall be approved for all signage. Said program shall be approved prior to the first sign request. 3. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances and standards. 4. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C-10 CONDITIONAL USE PERMIT NO, 88-20 APPLICANT: CALIFORNIA LICENSES AND PERMITS Conditional Use Permit No. 88-20 is a request to operate a liquor store (Liquor Barn) with general liquor sales in an existing commercial center at the southeast corner of Magnolia Street and Adams Avenue. Section 9220.1.d of the Huntington Beach Ordinance Code requires a conditional use permit for the initial establishment of a liquor store. ENVIRONMENTAL STATUS: The proposed project is exempt Class 1 Section 15301 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-20 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Daisy Cooney, representing the applicant, spoke in support of the request. She requested that condition 2 be altered to alleviate Liquor Barn's responsibility to complete signage for the center. She asked if the Liquor Barn sign could be removed from the freestanding sign and any new signage proposed according to code. There were no other persons present to speak for or against the request and the public hearing was closed. 1 PC Minutes - 7/19/88 -30- (1085d) 1 A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO APPROVE CONDITIONAL USE PERMIT NO. 88-20 WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the liquor store will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Conditional Use Permit No. 88-20 for a liquor store will not adversely affect the General Plan of the City of. Huntington Beach. 3. The liquor store use is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. Parking is adequate in the retail center in which the proposed liquor store is located and will not have measurable impact on existing parking requirements. 5. The access to and parking for the proposed liquor store does not create an undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan received and dated June 28, 1988, and floor plans, and elevations received and dated May 27, 1988, shall be the approved layout. 2. Prior to occupancy of the commercial suite, the following shall be completed: a. The major Liquor Barn sign shall be removed from the freestanding sign and any new signage shall conform with the Huntington Beach Ordinance Code. PC Minutes - 7/19/88 -31- (1085d) 3. The applicant shall meet all applicable locale, State and Federal Fire Code Ordinance and standards. 4. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. D. ITEMS NOT PUBLIC HEARING D-1 REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 87-28 APPLICANT: LEADER PARTNERSHIP James Lu, General Partner of Leader Partnership is requesting a one-year extension of time for Conditional Use Permit No. 87-28. Conditional Use Permit No. 87-28 is a request for a 140-room, senior rest/retirement home and was approved by the Planning Commission on August 4, 1987. The applicant is requesting a one-year extension of time in order to allow the completion of working drawings and to finalize negotiations for reciprocal access with the property owner to the west. STAFF RECOMMENDATION: Approve a one-year extension of time for Conditional Use Permit No. 87-28 to September 8, 1989, with all previous conditions of approval remaining in effect. A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 87-28 WITH ALL PREVIOUS CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: Silva (Out of Room) ABSTAIN: None MOTION PASSED D-2 REQUEST FOR INCREASED ENROLLMENT - CONDITIONAL USE PERMIT NO 87-38 APPLICANT: FAITH LUTHERN CHURCH On September 15, 1987, the Planning Commission approved Conditional Use Permit No. 87-38 and Conditional Exception (Variance) No. 87-71 to permit a day care center for 22 children within the existing Sunday school buildings at Faith Lutheran Church. Conditional Exception (Variance) No. 87-71 was granted to allow a chain link fence, building wall, and a 5 foot high masonry wall to enclose the play area in lieu of the required 6 foot high masonry wall. PC Minutes - 7/19/88 -32- (1085d) The applicant has submitted a request to permit increased enrollment from 22 to 43 children, beginning in September 1988. The use would expand to include four of the existing Sunday school classrooms, including one room currently used by Quest, a private school. Quest will be permanently closed as of June 3, 1988. STAFF RECOMMENDATION: Approve request for expansion of the subject daycare operation from 22 to 43 children with findings and conditions of approval. A MOTION WAS MADE BY SLATES, SECOND BY HIGGINS, TO APPROVE REQUEST FOR EXPANSION OF THE SUBJECT DAYCARE OPERATION FROM 22 TO 43 CHILDREN, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Kirkland NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: Silva, Leipzig, Ortega, Higgins, 1. The expansion of the day care center as permitted under Conditional Use Permit No. 87-38 to 43 children will not be detrimental to the general welfare of persons residing or working in the vicinity nor to the value of property and improvements in the vicinity. 2. The daycare center for 43 children is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The proposed expansion for the daycare operation as permitted under Conditional Use Permit No. 87-38 is compatible with the use of the property as a church and Sunday school. 4. The access to and parking for a daycare center for 43 children does not create an undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated June 10, 1988, shall be the approved layout. 2. The day care operation shall be limited to an enrollment of no more than 43 children. Any expansion in number shall require approval by the Planning Commission. PC Minutes - 7/19/88 -33- (1085d) 3. This approval shall apply only to the rooms labeled Classroom 1, Classroom 2, Classroom 3 and Quest on the floor plan. Any expansion in area of the day care center shall require approval by the Planning Commission. 4. All conditions of approval of Conditional Use Permit No. 87-38 shall remain in effect except as amended in the aforementioned conditions. E. DISCUSSION ITEMS E-1 PROPOSED EXPANSION OF SUNSET AQUATIC REGIONAL PARK LOCATED AT THE WESTERN TERMINUS OF EDINGER AVENUE A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO DRAFT A LETTER TO THE CITY COUNCIL, WITH COPIES TO HARRIETT WEIDER'S OFFICE, ADDRESSING CONCERNS WITH PROPOSED EXPANSION OF SUNSET AQUATIC REGIONAL PARK AND REQUESTING THAT THE EIR REVIEW PERIOD BE EXTENDED SO THAT A PUBLIC HEARING CAN BE SCHEDULED REGARDING THE PROPOSAL AND COMMENTS MADE, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None MOTION PASSED E-2 _LETTER FROM SEA HARBOR HOMEOWNER'S ASSOCIATION DIRECTOR REGARDING CONDITIONAL USE PERMIT N0, 88-12, CONDITIONAL EXCEPTION (VARIANCE) NO. 88-13 AND COASTAL DEVELOPMENT PERMIT NO 88-11 (TAIT & ASSOCIATES) FOR GAS STATION WITH CAR WASH AT PACIFIC COAST HIGHWAY AND WARNER Received and filed. E-3 ANGUS OIL CONSOLIDATION PROJECT STATUS Staff informed the Commission that the environmental impact report is being reviewed with the comment period ending in September. A study session will be scheduled at the Planning Commission meeting preceding the public hearing. F. PLANNING COMMISSION INQUIRIES The following items were added to the Inquiries list: WALNUT AND TWENTY-FIRST STREET - Requested that dirt piles be removed. PC Minutes - 7/19/88 -34- (1085d) 1 I 1 G. PLANNING COMMISSION ITEMS Staff was requested to complete and distribute minutes from previous meetings on Monday, July 25, 1988, so that the Commission could review them before the next Planning Commission meeting packet. Discussion took place of lack of on -site parking situation at Lambert Park. Commissioner Slates will replace Commissioner Silva on the Sub -Division Committee. Requested that the Planning Commission By -Laws be agendized for the next meeting so that a possible revision regarding tie votes could be discussed. H. COMMUNITY DEVELOPMENT ITEMS None 1. ADJOURNMENT A MOTION WAS MADE AT 10:45 PM BY SLATES, SECOND BY LEIPZIG, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED MEETING TUESDAY, AUGUST 2, 1988, 7:00 PM, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Kirkland NOES: None MOTION PASSED MINUTES APPROVED: Mike Ad s, Secretary Silva, Leipzig, Ortega, Higgins, Victor Leipzig, man PC Minutes - 7/19/88 -35- (1085d)