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HomeMy WebLinkAbout1990-01-09APPROVED 3/6/90 1 Pj MINUTES HUNTINGTON BEACH PLANNING COMMISSION JANUARY 9. 1990 PLEDGE OF ALLEGIANCE P P ROLL CALL: Shomaker, Kirkland, P P Mountford, Leipzig A. CONSENT CALENDAR P P P Williams, Bourguignon, Ortega, A-1 MINUTES - November 21, 1989, December 5, 1989 and December 19, 1989 PLANNING COMMISSION MEETINGS A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIMAS, TO CONTINUE THE MINUTES OF NOVEMBER 21, 1989 AND DECEMBER 5, 1989; AND TO APPROVE THE MINUTES OF DECEMBER 19, 1998, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None A-2 RESOLUTION NO. 1425 - IN APPRECIATION FOR OUTGOING PLANNING COMMISSIONER CHAIRMAN BOURGUIGNON A MOTION WAS MADE BY LEIPZIG, SECOND BY MOUNTFORD TO APPROVE RESOLUTION NO. 1425 - IN APPRECIATION FOR OUTGOING PLANNING COMMISSIONER CHAIRMAN BOURGUIGNON, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: Bourguignon Barry Williams presented a plaque with a gavel to Chairman Bourguignon for his year of service as Planning Commission Chairman. A-3 ELECTION - PLANNING COMMISSION CHAIRMAN/VICE CHAIRMAN Nominations for Planning Commission Chairman were taken from the floor. Ed Mountford nominated Kirk Kirkland. Victor Leipzig nominated Geri Ortega. A MOTION WAS MADE BY WILLIAMS, SECOND BY MOUNTFORD, TO CLOSE NOMINATIONS FOR PLANNING COMMISSION CHAIRMAN, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None MOTION PASSED Votes were cast for Kirk Kirkland, by the following: AYES: Shomaker Kirkland, Mountford, NOES: Williams, Bourguignon, Ortega, Leipzig MOTION FAILED Votes were cast for Geri Ortega, by the following: AYES: Williams, Kirkland, Bourguignon, Ortega, Leipzig NOES: Shomaker, Mountford MOTION PASSED A MOTION WAS MADE BY WILLIAMS, SECOND BY BOURGUIGNON, TO RECONSIDER VOTE FOR CHAIRWOMAN GERI ORTEGA IN ORDER TO OBTAIN A UNANIMOUS VOTE, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND TO BOURGUIGNON, TO UNANIMOUSLY APPROVE GERI ORTEGA AS CHAIRWOMAN OF THE PLANNING COMMISSION BY ACCLAMATION, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None MOTION PASSED L PC Minutes - 1/9/90 -2- (4547d) Nominations for Planning Commission Vice -Chairman were taken from the floor. Jan Shomaker nominated Kirk Kirkland. Ken Bourguignon nominated Barry Williams. The,nominations were closed. Votes, ­were cast for Kirk Kirkland, by the following: AYES: Shomaker, Kirkland, Mountford, Leipzig NOES: Ortega, Bourguignon, Williams MOTION PASSED Congratulations were given to newly elected Chairwoman Ortega and Vice Chairman Kirkland. B ORAL COMMUNICATIONS Fredda Davis, tenant of the Magnolia/Garfield shopping center, testified that the FHP facility continually exceeds the condition of approval limiting the number of patient visits per day. She provided counts that she had taken. She requested the Commission's assistance to provide an outside consultant to conduct a survey. Dr.<::Squires, Pastor of the Huntington Beach Baptist Church, spoke regarding the Code Amendment on readerboard signs. He sai&)businesses and other public institutions such as'schools, grocery stores, etc: -are allowed to have readerboard signs and churches should have the same privtiege. Margi,e.;Schiller, tenant of the.Magnolia/Garfield shopping center, testified that a parking problem still exists at the center due to the FHP medical.facility. She provided counts of vehicle trips -that she had conducted of patients visiting the;,facility that far exceeded the number allowed in the conditional use permit. She stated that the center was approved -for seniors; however they are conducting therapy and other training Classes for all ages. B-1 PLANNING COMMISSION SUB -COMMITTEE REPORTS--,., The following sub -committee reports were presented: Commissioner Kirkland - reported action taken by the Design Review Board,.at the January 4, 1990 meeting. Commissioner Mountford - congratulated Victor Leipzig for his appointment as Executive Director of the newly formed Bolsa Chica Conservancy. PC Minutes - 1/9/90 -3- (4547d) C-1 CONDITIONAL USE PERMIT NO. 89-39/CONDITIONAL EXCEPTION (VARIANCE) NO 89-58 (CONTINUED FROM DECEMBER 5. 1989 PLANNING COMMISSION MEETING) APPLICANT: Texaco Refining Conditional,,Use, Permit No. 89-39 is a request to remodel an existing Texaco station by converting the existing lube bay building into an approximately .1,071 square foot convenience store. The convenience store will offer beer and wine sales. Conditional Exception (Variance) No. 89-58 is a request for a 4 foot wide streetside planter in lieu of a 10 foot wide planter. This was continued from the December 5, 1989 Planning Commission meeting to allow staff time to research access to the site. It was brought to staff's attention that the Home Depot Center had consolidated driveways on Edinger. The request was to look into a similar driveway adjacent to Texaco. Staff determined that the request would not work well and would result in a loss of fourteen parking spaces. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-39 and Conditional Exception (Variance) No.,89-58 as modified (6 foot wide streetside planter), with findings;and.conditions of approval. THE PUBLIC_HEARING WAS OPENED Jim Alley,_ representing'Texaco, urged-.t'4p Commission to approve the request. He said that the consultant, Pat Fielder, who drew the plans and performed the traffic study was present, to respond to, questions.,, -, Floyd Shadwick, owner of the liquor store in the Home Depot Center, urged the Commission to allow a center ingress and egress. He alluded to Uniform Fire�Code and safety violations that exist at the existing station. There were no other persons present to speak for or against the request and the public hearing was closed. Commissioner Williams felt that alcohol sales were inappropriate because of the church, elementary school and junior college across the street from the proposed addition.' Commissioner Leipzig was concerned that there was a provision in the Ordinance Code relative to alcohol sales adjacent to schools and felt further review was needed. PC Minutes - 1/9/90 -4- (4547d) A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS TO TABLE CONDITIONAL USE PERMIT NO. 89-39 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-58 UNTIL AFTER ITEM C-5 TO ALLOW STAFF TIME TO RESEARCH THE ORDINANCE CODE, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, a. use 2-Bourguignon, Kirkland,,t,-Leipzig NOES: it_rr1 , None ; ...ABSENT:; , , ' None ABSTAIN:c• None C-2 CODE AMENDMENT NO 88-12/NEGATIVE DECLARATION NO 89-8 - OFF STREET•PARKING AND ON -SITE LANDSCAPING REQUIREMENTS (CONTINUED FROM DECEMBER 19, 1989 PLANNING COMMISSION MEETING APPLICANT: City of Huntington Beach Code Amendment..No.:88-12/Negative Declaration.NO: 89-8 is a -request to amend the•Huntington Beach Ordinance Code and Downtown Specific Plan to update and revise parking regulations and landscape provisions.-. .. STAFF RECOMMENDATION: Continue Code Amendment No. 88-12/Negative Declaration No. 89-8 to the February;-64: 1990 Planning Commission meeting. THE PUBLICrHEARING'WAS OPENED. . 6 too . 6 % - I ' There werenno peisons present to speak -for or against the Code Amendment and the -public hearing was closed. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON TO CONTINUE CODE AMENDMENT, NOE.p8g�12/NEGAT.IVE DECLARATION -NO.": 89-8, TO A DISCUSSION ITEM . ON. JANUARYi 23 ; r:19 9 0! , AND, , THEN: TO: A PUBLZO. 2 HEARING,: ON FEBRUARY 6, 1990, BataTtiE: F01;L0AING,•VOTE:I i,- t .icly wyo P:e3frn1. AYES--s 1.--k, -_ Shomaker, Mountford,.' Williams Ortega,• Leipzig NOES:•-/•:L:ti� -•=r: Bourguignon, Kirkland. t ABSENT ::& .., ~.None ABSTAIN i o i . None tlC, t C-3 COND TTONAL;;USE PERMIT NO, 89-63/TENTATIVE PARCEL MAP NO, B-9 42T/NEGATIVE DECLARATION NO, 89-54 (CONTINUED FROM DECEMBER .19ic=1198`A:PLANNING- COMMISSION MEETING)y:_, wt,cc: t� vi ..h�:' :t111I'_!, .•.�ui :.r,�i j::r:it�r t�0',•i:.t;+ a:.rt�=._ APPLICANT: i �-,WLA: Arcon, Inc. '9... PC Minutes - 1/9/90 -5- (4547d) Conditional Use Permit No. 89-63 in conjunction with Negative Declaration No. 89-54 is a request to construct a 13,110 square foot Elk's Lodge on a 1.7 acre site which would be used for dinner and lunch meetings•:f-or community service groups -on weekdays and for wedding receptions or private parties in the evening and on weekends. Tentative Parcel Map No. 89-4'.2.7 'is -a request to consolidate five lots into one lot' eo�`creat'aAegal building site for theA1bdge. i;T . ENVIRONMEPTA'L•= STATUS : Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaratian•No.,89-54 for ten days, and no comments, either verbal or written were'r-eceived. Approve Negative Declaration No. 89-54, Conditional" Use Permit No. 89-63 and'Tentative Parcel Map No. 89-427 with findings.and conditions -of approval. Commissioner Williams reported that he had been advised to leave the Chambers during the discussion and abstain from the vote on this item due to the applicant being the landlord at his business. THE PUBLIC=HEARINGIWAS OPENED. Warren-Moite+;:•Architect, representing the Elks Club, agreed to the conditions of approval and urged the Commissions approval of the request:; • There were no other persons to speak for or agaipst the request and the publio.7••hedb iig 'was closed fla' t a:�ry• TC1r% f 'f ' Y7'ifftVi 6� •+ A MOTION •'WA AMADE-'BY BOURGUIGNON, gfic6NS`'�Y'MOU�Tsl`d A�PRO�IE CONDITIONALffUSELPERMIT NO. 89-63/TENTATIVE PARCEL MAP NO. 89-427/NEGATIVE DECLARATION NO. 89-54-WITH A'RECOMMENDATION THAT THE APPLICANT FILE FOR A CONDITIONAL EXCEPTION (VARIANCE), FOR A REDUCTION -•IN THE PLANTER WIDTH ON THE -EASTERN PROPER�Y•LINE"WITH FINDINGS" -AND CONDITIONS OF APPROVAL;`'SY THE FOLLOWING VOTE: AYESfShomaker, Mountford, Ortega, Leipzig NOES: Bourguignon, Kirkland ABSENT: None ABSTAIN: ' Williams ` MOTION-PASSEII' ;a '' ' r• t _ ri . t r.141 PC Minutes.=- 119%90 -6 (4547d) 1. The location, site layout, and design of the proposed Elk's Lodge properly adapts the proposed structures to streets, driveways, and other. -.adjacent structures and uses,in a -harmonious. manner because.�thte-.proposed design meets all development standard requireMents established within -Article 953 (Ml District) and would -have a peak hour at different times than the surrounding uses. 2. The combination and relationship of one proposed use to another on a site are properly integrated because the facility will be limited to -one user group at a time. - 3. The access�'to'and parking for the proposed Elk's Lodge does not create an undue traffic problem. Because access from Talbert Avenue has been placed at the eastern end of the subject parcel and with a maximum occupancy of 300 persons, parking should be sufficient: 4. The proposed project is -in conformance with the Huntington Beach General Plan because the proposed lodge is a permitted use subject to a conditional use permit. FINDINGS FOR APPROVAL - TENTATIVE PARCEL'MAP NO 89-427: 1. The size,•depth, frontage, street width, and other design features of the proposed subdivision for Tentative Parcel Map No. 89-427,are=in compliance with the standard plans and specifications on file with the City as well as in compliance with the State°Subdivision Map Act and the supplemental City Subdivision` -Ordinance. 2. The property was previously studied for this' -intensity of land use at the"time that the General Plan designation of General Industrial and Light Manufacturing -zoning -was -implemented. 3. The General'Plan has set forth provisions for General Industrial as well as;setting forth objectives for the implementation of this type of use. - 4. Tentative Parcel Map No. 89-427 for an Elk's Lodge is consistent with the,goal8 and policies of the Huntington Beach General Plan. 1. The site plan, floor plans and elevations received and dated November 29, 1989, shall be the conceptually approved layout with the following modifications: a. Prior to issuance of building permits, a Exception shall be filed with the Zoning allow a 4-foot landscape planter in lieu landscape planter as required per Section Conditional Administrator to of 6-foot 9530.13. PC Minutes - 1/9/90 -7- (4547d) b. Double doors shall be provided on all eastern openings. c. Building design shall be subject to architectural review by -the Design Review Board. 2. Prior.-•to,.:submittal for building -permits, the applicant/owner sha11complete the following:, it 0,: a. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. 3. b. If -outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on -the site plan and elevations. C. -The site,plan'shall include (or reference page) all conditions of approval imposed on the project printed verbatim. Prior to issuance of building permits, the applicant/owner shall complete•the following: a. -Submit copy of the revised site plan, floor plans and elevations -pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. .A.Landscape Construction Set must be submitted to the -.--Departments of Community Development and Public Works and -must be,approved.• The•Landscape Construction Set shall include a landscape plan prepared and signed by a State ; Licensed Landscape Architect:and'which includes all :.—proposed/existing plant.materials=(location,-type, size, :quantity), an •irrigation!.plan, . a ,grading; plan', an approved•site plan, and a copy of the entitlement conditions of approval..�iThe.:landscape'plans:shall be in conformance with Section.9608 and 9530.13•of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be -removed shall be replaced at a 2 to.1 ratio with minimum 36-inch box trees, which shall be incorporated into•the project's landscape plan. C. A grading plan shall be submitted to the Department of 'Public Works for review and it must be approved '(by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. 1 PC Minutes - 1/9/90 -8- (4547d) d. All applicable Public Works fees shall be paid. e. The applicant shall file a parcel map or parcel map waiver request to consolidate Lots 168 and 169 of Tract 171 and Lots 40, 41 and 42 of Tract 10648. The parcel map_or, plat map and notice- :shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy. 4. Fire Department Requirements are as follows: a. An -automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department ,are required, the applicant will be liable for expenses incurred. d. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 5. 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. 6. Installation,of required landscaping and irrigation -systems shall be completed prior to -final inspection. 7. During construction, the applicant shall:" . a. Use water trucks or sprinkler•,systems in all.areas where vehicles travel to prevent dust; b. Wet -down areas in the'late-morning,;and.after wbrk is completed for the day; C. Attempt to phase and schedule construction activities to avoid,high ozone days (first stage -.smog alerts); d. -Discontinue construction during second stage smog alerts. 8. Construction shall be limited to Monday— Saturday 7:00 AM to. 8:00 PM. Construction shall be prohibited -Sundays and Federal holidays. 9. Prior to issuance of a building permit the following shall be completed: PC Minutes - 1/9/90 -9- (4547d) a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. 10. Prior to -issuance of a Certificate of Occupancy,! the following shall be -Completed: a. Final Parcel Map No. 89-427 shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to final inspection of first unit. b. The applicant shall stripe the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach'Ordinance Code. C. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. 11. The facility shall not be used after 11:00 PM on weekdays or 12:00 Midnight on weekends when being leased to other user groups. 12. Occupancy of the building shall not exceed 300 persons. 13. The facility shall have only one occupant or user group at any given time. 14. The Member's''clubroom shall -not -be used'at-any time when other portions-of=the-facility are being•1'eased to another user group. 15. Because of`its proximity to Central' -Park and the'Library,-the project"shill•'be submitted to the -Design Review Board for architectural review and approval. 16. Conditional"Use Permit No. 89-63 ind-Tentative Parcel Map No. 89-427-shall-become null and voi&'-Unless exercised -within one (1) year of the'date of final appr'dv6l,�'or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department -a minimum 30 days prior to the expiration date. 17. A Parking Management Plan shall -be approved by the Planning Division for Elk's Club functions prior to issuance of a Certificate of Occupancy. 18. Alcohol shall be distributed to Elk's Club members and bonafide guests only and must be consumed on -site within -the building. 19. A caterer's permit for distributing alcohol must be obtained from the Alcoholic Beverage Control Board for all sub -leased functions where alcohol will be served. PC Minutes - 1/9/90 -10- (4547d) APPLICANT: City of Huntington Beach PROPERTY `,City of Huntington Beach/ OWNER: Robert J. Koury Tentative Tract No. 14133 in conjunction with Negative Declaration No. 89-62 is a request to consolidate 28 lots into one lot on the east 200 block of Main Street. The condominium plan will separate the City -owned portion of the approved structure (parking structure) from the retail portion of the building. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No.'89-62 for ten days, and no comments, either verbal or written were received. STAgF RECOMMENDATION: Approve Tentative Tract No. 14133 and Negative Declaration No. 89-62 with findings and conditions of approval. Commissioner Williams requested that•staff clearly state in their reports when•a"-condominium use is for:retail'and parking such as in this case and not-fbr living units . THE PUBLIC HEARING WAS OPENED There were no persons to speak for or against the request and the public hearing was closed. . K. A MOTION WAS MADE BY KIRKLAND, SECOND --BY SHOMAKER TO APPROVE TENTATIVE TRACT NO. 14133/NEGATIVE DECLARATION.,NO. 89-62, WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL (DELETING CONDITION NO-3), BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Ortega, Leipzig NOES: Bourguignon, Kirkland . ABSENT:- None 7 ABSTAIN: Williams MOTION PASSED PC Minutes - 1/9/90 -11- (4547d) FINDINGS FOR APPROVAL: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for condominium purposes are in compliance with the standard plans and specifications on file with the -City as well as"in'compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Mixed Use ,] and Downtown Specific Plan District 5 zoning were implemented. 3. The site is physically suitable for the proposed development of a retail building and parking structure. 4. Tentative Tract No. 14133 for consolidation of 28 lots into one lot is consistent with the goals and policies of the Huntington Beach General Plan, because it facilitates development of an approved structure that is in conformance with the General Plan. CONDITIONS OF'APPROVAL: 1. The tentative tract map received and dated November 16, 1989, shall be the approved layout. - 2. Prior to'occupancy of the retail units, a condominium plan shall be reviewed and approved by'the.Director'of Community Development -and --Director of Public Works: APPLICANT: Summerhill Development�Co. PROPERTY OWNER: Huntington Valley Church Y ;i . Conditional Use Permit No. 89-53 with Special Permits and Tentative Tract 14177 is a request to construct a 35 unit residential condominium project on a 2.48 gross acre site located at 8186 Constantine Drive.. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department -of Community Development posted draft Negative Declaration -No. 89=46 for ten days, and no comments, either verbal or written were received. 1 PC Minutes - 1/9/90 -12- (4547d) Approve Negative Declaration No. 89-46 and Conditional Use Permit No. 89-53 with special permits and Tentative Tract 14177 with findings and conditions of approval. THE PUBLIC•HEARING WAS OPENED Michael Dinn,-representing Summerhill Development Company, spoke in support of the project. He said the project site would permit 25 units per acre but only will have 15 units per acre and also will have twice the open space required by code. Jeff Kibler, 18862 Carolyn Lane, spoke in opposition to the request. He was'concerned that he would not have any privacy because the upper story decks look down onto his property. He also was concerned about the overall height and setback variances that were requested. John Curren, 2792 Visco, Costa Mesa, spoke in opposition to the special permit requests. He felt that the project should meet code requirements for maximum height and setbacks. There were no other persons to speak for or against the project and the public hearing was closed. Commissioner -Leipzig was concerned relative to the bulk and sameness of the project.- ° The neighbors on- the° sifts would be looking at 25 to 27 feet of-� bui1di'ng height. Commissioner-Bourguignon was concerned about the 5' setback on the side of the buildings. • s� Community Development Director, Mike Adams, advised that a modification to the driveway and apron.:wQuld allow shifting of the structure which would create a 10' setback -on the west side however the east side would remain at 58. Commissioner -Leipzig suggested that•the'decks be removed from the two units along the side area. He also wanted full side yard setback on both sides of the property.. The applicant advised that the decks could be redesigned so that there would be no view of adjacent properties. Commissioner Kirkland said he supports the request as it is a quality project that will increase propertys value -in the neighborhood. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 89-53 WITH SPECIAL PERMITS/TENTATIVE TRACT NO. 14177/NEGATIVE DECLARATION NO. 89-46 WITH FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: PC Minutes - 1/9/90 -13- (4547d) Commissioner Leipzig said he would support the motion; however would like the revised site plan to be brought back to the Commission as a discussion item. AYES: Shomaker, Mountford, Williams, Ortega, Bourguignon, Kirkland,• Leipzig NOES:, None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 89-53: 1. The establishment of a 35-unit condominium project 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 because the project is compatible with the surrounding -area. 2. The proposal for a 35-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 35-unit residential condominium complex properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses . in .-a harmonious manner ,as- ,modified by . special permits. 4. The access to and parking for the proposed 35-unit residential condominium complex does not create an undue traffic problem. 5. The planned residential development' -for 35-units conforms to the provisions contained in Article 915., FINDINGS FOR APPROVAL - SPECIAL PERMI•TS: 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. To permit 38'-6" to the midpoint of the highest sloped roof in•lieu of 35 feet. b. , To permit patio areas along Constantine Drive to encroach into the front setback area. C. To reduce the front to front set from 35 feet to a minimum of 17'-6". PC Minutes - 1/9/90 -14- (4547d) d. To permit each unit to provide a portion which is one-third story less than the remainder of each additional unit in lieu of one-third of the units being one story less than the balance of the project. e. To reduce the minimum dimension of 10 feet and 280 square feet of patio area to a minimum 6 feet and 84 square feet. f. To allow an 8 foot side to side separation for end units in lieu of 10 feet. g. To allow private patios and decks to satisfy on -site open space in lieu of the required 3,500 square feet common recreation area. h. To allow a 5 foot minimum side yard setback for the east property line in lieu of 10 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 because they result in a project with an improved living environment and site layout. 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. 4. The special -permit requests provide for maximum use of aesthetically pleasing types of architecture, landscaping design and building layout. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14177:- 1. The size, depth, frontage and other design features of the proposed subdivision for 35 unitg 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 was placed on the site, and will accommodate the development of 35 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 15 units per gross acre. PC Minutes - 1/9/90 -15- (4547d) 5. The tentative tract map is consistent with the goals and policies of the Huntington Beach General Plan. 6. The minimum actual tape measure distance between the buildings is 10 feet although a technical interpretation of the site plan indicates an 8 foot side to side -,separation. 1. The site plan, floor plans -and elevations received and dated December 22, 1989 shall be the conceptually approved layout with the following modifications: a. Minimum sideyard setback shall be 5 feet on the East side and 10 feet on the West side. b. Minimum side to side setback shall be 10 feet except for end units which may be reduced to 8 feet. c. Maximum height to the peak of the highest roof shall be 40 feet.- d. Security gates to be removed from the site plan. e. Redesign roof decks on perimeter units to assure privacy of adjacent residential units.. f. Prior;to•the issuance of Building Permits, above modifications shall be reviewed and approved by the Planning Commission. g. Spa or other recreational amenity to be included in each unit subject --to approval of the Director of Community Development. 2. Prior to submittal for building permits, the applicant/owner shall -complete the following: a. Submit three copies of-the-.site•pilan to the Planning Division for addressing,purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus -.,--such as but not limited to backflow devices and Edison transformer's,.on the site plan. They shall be prohibited in -the front and ;exterior.yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. If foil -type insulation is -to be used, a fire retardant type shall be installed as approved by the Building Department and .indicated on the floor plans., PC Minutes - 1/9/90 -16- (4547d) u d. 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). e. Elevations shall depict: 1. Colors and building materials proposed. 2. Digital/key automatic garage door openers shall be provided on the garage doors for each unit. 3. -Automatic roll -up garage doors. f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. •. g. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside -lighting shall be-directed-to:prevent•-"spi-llage" onto adjacent -•properties and shall.be noted on the site plan and elevations. h. 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. j. The site plan shall include (or reference page) all conditions of approval imposed on the project,printed verbatim. 3. Prior to issuance of building permits, the„applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. PC Minutes - 1/9/90 -17- (4547d) b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed:Landscape-Architect= and which, includes• all• proposed/existing' plantmate ia:1s .(location; --type, size, quantity), an irrigatiion•*,pkl•an,},; a grading plan, an approved site -plan, and'a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced -at a 2 to 1 ratio with minimum' 36-inch box trees, which shall be incorporated into the project's landscape plan. c. -A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan%for silt control for all water runoff from the property during construction and initial operation,of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All.applicable Public Works -fees shall be paid. f. Final'Tract Map shall•be-ad6ip�:®d'by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. g. Perimeter fencing-plans-'f6tskdvibw'and"approval which depict decorativer.matetialh`. r t e.,iting c_ •: h. Gated entryway (access•cofitidlr'dr3Vidds) dimensioned'plans to the(Public Works and Community Development Departments. A "statement of architecture" should be incorporated to highlight:'the theme of th6O-diV6,16ptnent:•--Said'*gated entryway shall comply with Fire Depattment Standard 403t- Prior to the installation of any gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works departments. 4. The Public Works Department requirements are as follows: a. Landscaping -within public tightA-of-way shall -be maintained by the developer/homeowner's 6s5ociatiori:� b. Entrance parking stalls shall be relocated. 5. Fire Department Requirements are as follows:- rl PC Minutes - 1/9/90 -18- (45.41d) a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system will beAhstalle6 to comply with Huntington Beach Fire Department and Uniform -Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following. I. Water flow, valve tamper and trouble detection 2. 24-hour supervision 3. Smoke Detectors 4. Annunciation C. Three -fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works•.Department and approved by the Fire Department prior to installation. 3,000 GPM is needed for fireflow. d. Fire:lanes-will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. e. Security gates will be designed to comply with Huntington Beach Fire Department Standards No. 403. f. Address numbers will -be installed to`comply with Huntington Beach,•Fire 'Code• Standards. ' The =size 'of' the numbers will be the following: 1. The number for the building will be sized a minimum of -ten (10) inches with a --brush, stroke of one and one-half (1-1/2) inches.- 2:• Individual unit address'numbers will be sized a minimum • °of -four (4) inches with .a brush stroke of one-half (1/2) inch. g. Show on plans the dimensions for fire access. Includes 24' or 27' fire lanes, turnarounds and 17' by 45' radius turns. Attached is Huntington Beach Fire Department Standard No. 401. h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #426'. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. PC Minutes - 1/9/90 -19- (4547d) 8. Installation of --required landscaping and irrigation systems shall be completed prior to final-inspection/within twelve (12) months. 9. During construction, the applicant shall: a. Wet down areas in the -late morning and after work'is completed for the day; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); c. Discontinue construction -during second stage smog alerts. 10. Construction shall -be limited to Monday - Saturday 7:00 AM to 8:00 PM. -Construction shall be prohibited Sundays and Federal holidays. 11. If dewatering is necessary at the site during construction and the discharge of dewatering wastes to surface waters is proposed, an NPDES permit (waste discharge requirements) or a waiver must be obtained from this office prior -to initiating -the -discharge. Please note -:that the processing:of an NPDES permit may take as' long as 180 days from the date the°permit application is accepted as complete.. 12. Should any cultural materials -be encountered during the initial site survey of during-grading=and'-excavation activities, all activity shall -cease and'the"archaeologist-shall'determine the appropriate course"oU'action.- 13. Should any abandoned oil wells or tanks be encountered, the Fire Department'.shall• be'notified�andidirrent standards met as required --by Article 15 of the Huntington Beach Municipal Code. any abandonment,:of-existing wells,:must be to current standards as well. 14. All oilld6ilities within the boundaries of the development which are to be removed and abandoned,-reabandoned or to remain must meet all' existing tequiremeritb"of -the City of Huntington Beach and the State Division of Oiland`Gas. Further protective measures may be required, depending upon the conditions and quality of the abandonments and reabandonments. Additionally, any mobile homes -which are 'placed:'over abandoned'=oil wells must be equipped with`a'household "methane detector". 15. The project site area must be sampled and monitored for methane gas and the results of the tests must be submitted to the Fire Department for`evaluation.- Any anomalously high readings (as defined in the Roberti Methane Study for the State of California) must be addressed and mitigated prior to issuance of building permits. If no anomalously high amounts of methane are encountered, development may proceed. The Fire Department will perform further monitoring activities at surface levels as is deemed necessary. PC Minutes - 1/9/90 -20- (4547d) 1. The tentative tract map received and dated December 22, 1989, shall be the approved layout. 2. Public Works requirements are as follows: a. All vehicular access rights to Constantine Drive shall be released and relinquished to the City except at locations approved by the Planning Commission. b. If a security gate system is ever to be proposed, the design configuration shall be approved by the Public Works Department prior to tentative map approval. c. Red curb will be required on Constantine Drive at the entrance. Sight distance calculations shall be submitted by the developer's engineer to the Public Works Department for approval. d. Damaged and deteriorated public improvements on Constantine Drive shall be reconstructed per Public Works standards and requirements. e. Constantine Drive street cross-section shall be shown on the Tentative Map. f. On -site streets shall be private and constructed per Public Works Standards (24' minimum pavement width, not including curb and gutter). g. On -site sewers shall be private. h. Hydrology and hydraulic calculations shall be submitted to the Public Works Department for approval. i. Soils report and grading plan required. j. Developer to submit water improvement plans for approval by the Public Works Department showing all water services, fire hydrants, fire services and backflow devices. k. The water system shall be located within vehicular travelways and dedicated to the City. The developer/homeowner's association shall be held responsible for repairing and enhanced pavement, if the water mains, etc. require maintenance or repair. 1. Developer will be responsible for payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan, with a tentative date of April, 1990. m. Submit hydraulic calculations to ensure water system adequacy and line sizing. PC Minutes - 1/9/90 -21- (4547d) n. The developer shall construct a separate system for reclaimed water use (Green Acres) to irrigate landscaped areas. o. Water system shall be looped, no dead ends. Water system to be installed per Public Works Department and Fire Department standards, ordinances and policies. 3. At least 60 days prior to recordation of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. A MOTION WAS MADE BY WILLIAMS, SECOND BY SHOMAKER TO BRING BACK TO THE TABLE CONDITIONAL USE PERMIT NO. 89-39 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-58, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: Shomaker, Mountford, Williams, Ortega, Bourguignon, Leipzig None Kirkland (out of room) None Legal Council Lazarus reported that the conditional use permit process was the appropriate mechanism to grant this approval. Commissioner Leipzig asked the applicant if a two week continuance would create a problem for the project. The applicant agreed to a continuance. Commissioner Kirkland was opposed to a continuance because ABC grants applications for liquor license based on all applicable laws including the proximity of the church and school. He said the main issue to be discussed is whether a mini -market at this location was desirable. A MOTION WAS MADE BY WILLIAMS, SECOND BY ORTEGA TO CONTINUE CONDITIONAL USE PERMIT NO. 89-39 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-58 UNTIL THE JANUARY 23, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Leipzig NOES: Bourguignon, Kirkland ABSENT: None ABSTAIN: None PC Minutes - 1/9/90 -22- (4547d) D. NON-PUBLIC HEARING ITEMS D-1 CODE AMENDMENT NO 89-10 (CONTINUED FROM 11/21/89 PLANNING COMMISSION MEETING) Applicant: City of Huntington Beach Request: To amend and renumber Article 972, Environmental Regulations, of the Huntington Beach Ordinance Code. Commissioner Leipzig advised staff of inconsistencies and areas where the language needed clarification in the proposed Code Amendment. E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES Commissioner Leipzig complimented staff on their code enforcement efforts; and, questioned some of the legends on the land use log. Chairwoman Ortega requested that additional legends be added to clarify sections of the Land Use Investigation Log. Commissioner Bourguignon requested a Committee be formed to address possible new legislation requiring fire sprinklers in single family homes. Chairman Ortega asked for volunteers to serve on the Fire Sprinkler Committee with Commissioner Bourguignon. Commissioner Mountford volunteered to serve on the committee. Chairwoman Ortega inquired about the status of the amendment to the by-laws regarding adjournment at 11:00 or 11:30 PM. Legal Council Lazarus advised that the amendment to the by-laws was not properly agendized as a public hearing item; therefore a vote could not be taken. She also advised that the proponent of the request to change the by-laws is required to send to the other Commissioners the proposed change five days prior to the public hearing unless the Commission waives this requirement. PC Minutes - 1/9/90 -23- (4547d) ''MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, WAIVE THE IVE DAY NOTIFICATION REQUIREMENT; AND TO AGENDIZE THE CHANGE O THE BY-LAWS AS A PUBLIC HEARING ITEM, BY THE FOLLOWING VOTE: A S: Shomaker,, Mountford, Williams, Ortega, Bourguignon, Kirkland, Leipzig NO None ABSE.T,• None ABSTAIN:-% None MOTION PASSED Commissioner Mountford requested that the subcommittee assignments be reassigned. 4. G. PLANNING COMMISSION ITEMS None H. COMMUNITY_DEVELOPMENT _ITEM Community Development Director, Mike Adams, reiterated action taken by the City Council at their January 8, 1990 meeting. I. ADJOURNMENT A MOTION WAS MADE AT 10:30 PM BY MOUNTFORD, SECOND BY. SHOMAKER,-TO'ADJOURN•TO A STUDY SESSION AT 5:30 ON JANUARY 23, 1990 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, - BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Bourguignon, Kirkland, Leipzig NOES: None ABSENT: None ABSTAIN: None APPROVED: �v 0 Mike Adams, Secretary : i r ' - L Chairman, Plann ng Commission 11 n PC Minutes - 1/9/90' -24- (4547d)