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HomeMy WebLinkAbout1990-02-21 (7)APPROVED 4/17/90 11 11 MINUTES HUNTINGTON BEACH PLANNING COMMISSION FEBRUARY 21, 1990 Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P ROLL CALL: Leipzig, Mountford, Williams, Ortega, P P Kirkland, Shomaker - Civic Center California P Bourguignon, A. ORAL COMMUNICATIONS -(4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. Julio C. Zamarrida, 7692 Alhambra Drive, addressed his concerns with an illegal business being operated in his neighborhood. He said numerous complaints have been filed with the City and to date no action has been taken. He said a neighbor is running a car repair/car sale business out of his home and the business is getting out of control and causing numerous problems in the area. He said tow trucks bring junk cars into the neighborhood, leave them parked on the street, and after they are repaired they are left on the street until they are sold. He urged the Commission to assist him and his neighbors in solving this problem. James Millasich, 7752 Alhambra Drive, expressed his concerns with the illegal business being operated in his neighborhood and also asked the Commission for their assistance in the matter. A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO TAKE THE PUBLIC HEARING ITEMS IN THE FOLLOWING ORDER: B-10, B-4, B-3, B-5 THROUGH B-9, B-1 AND B-2, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon, Shomaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED THE MINUTES WILL REFLECT THE NORMAL NUMBERING ORDER OF THE PUBLIC HEARING ITEMS. B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO 88-12/NEGATIVE DECLARATION NO. 89-8 (CONTINUED FROM FEBRUARY 6 1989 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 88-12 is a request for proposed revisions to parking and landscape provisions of the Huntington Beach Ordinance Code and Downtown Specific Plan This item was continued from the February 21, 1990 Planning Commission public hearing. The final draft has been revised to reflect a new format. The Code Amendment has been revised in accordance with Planning Commission comments from the many study sessions. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-8 and Code Amendment No. 88-12 with findings and forward to the City Council for adoption. Due to the lateness of the hour and following discussion during the study session, staff was requested to prepare a legislative draft for presentation at the next Planning Commission meeting. A MOTION WAS MADE BY ORTEGA, SECOND BY KIRKLAND, TO CONTINUE CODE AMENDMENT NO. 88-12 AND NEGATIVE DECLARATION NO. 89-8, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford (Out of Room) ABSTAIN: None MOTION PASSED PC Minutes - 2/21/90 -2- (5120d) B-2 CODE AMENDMENT NO 89-14/NEGATIVE DECLARATION NO. 89-61 (CONTINUED FROM FEBRUARY 6, 1990 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 89-14 is a request to amend Article 961, Signs, to allow various businesses to have changeable copy signs by approval of a planned sign program. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-61 and Code Amendment No. 89-14 with findings and forward to the City Council for adoption. DUE TO THE LATENESS OF THE HOUR, A MOTION WAS MADE BY ORTEGA, SECOND BY KIRKLAND, TO CONTINUE CODE AMENDMENT NO. 89-14 AND NEGATIVE DECLARATION NO. 89-61 TO THE MARCH 6, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford (Out of Room) ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO 89-57/COASTAL DEVELOPMENT PERMIT NO. 89-32 APPLICANT: BILL RIDGEWAY DESIGN LOCATION: 16391 Ardsley Circle Conditional Use Permit No. 89-57 is a request for a remodel and addition to an existing single family dwelling which includes a gymnasium on the third floor. Article 9110.4 states that the maximum building height within the R1 zone is 25 feet and 2 stories. A maximum height of 30 feet and/or 3 stories is permitted subject to the approval of a conditional use permit. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15303, Class 3, of the California Environmental Quality Act. COASTAL STATUS: The proposed project is adjacent to Short Channel and is within an appealable/non-categorical exclusion area of the Coastal Zone. All projects within this zone are required to obtain approval of a coastal development permit in compliance with the provisions contained within Article 989.5. PC Minutes - 2/21/90 -3- (5120d) STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-57 and Coastal Development Permit No. 89-32 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Bill Ridgeway, 5828 E. Naples Plaza, Long Beach, applicant, spoke in support of the request. He asked if condition 1(a) could be modified to read, "to be determined during construction if there is a problem." He said he agrees to all other conditions and urged the Commission to approve. John Briscoe, 16391 Ardsley Circle, owner, spoke in support of the request. He gave a short history of the construction and said the proposed addition will not present any view impairments and feels it will improve his neighborhood. He said his designs are consistent with all CC&Rs of his Association which do allow heights up to 30 feet. He agrees with all conditions of approval imposed by staff and urged the Commission to approve. Debbie Briscoe, 16391 Ardsley Circle, owner, spoke in support of the request. She said she is very anxious to complete the proposed addition and remodel of her home and feels it will be beneficial to the neighborhood. Joe Rosen, 16915 Edgewater Lane, Chairman of the Homeowners Architectural Review Committee, said the committee rejected these proposed plans because they did not feel they were harmonious with the surrounding neighborhood and felt that the proposed driveway would present a safety hazard. Chuck Bohle, 16431 Barnstable Circle, addressed his concerns with the proposed design. He said there are eight three-story homes on the island which are mostly located on the main channel. He does not feel a three-story home is consistent at this location. W. T. Dalessi, 16385 Ardsley Circle, felt it was unfair that a property owner has only four minutes to voice opposition to a project yet the applicant has months to establish good relations with staff and the Commission. He said Mr. and Mrs. Briscoe are "spec builders" and feels they will overbuild this house, sell it and move on, and the adjacent neighbors will be there forever. He does not want to live next door to a house that resembles a high rise. He feels that 5,761 square feet is definitely an overbuild for this location. His main objection is to the proposed location of the garage with the driveway having a 45 degree angle. He feels this will make an unsafe condition. Joan Peoples, 16184 Mariner Drive, realtor, spoke in support of the request. She feels the owners have taken all necessary steps to improve the home and make the neighborhood more desirable. She feels the remodel will upgrade the values of the adjacent homes. lJ PC Minutes - 2/21/90 -4- (5120d) Robert Lund, 16472 Barnstable Circle, said he looks directly across the channel at the proposed home and feels it will be an enhancement to the area. Julie Lund, 16472 Barnstable Circle, said she lives across the water from this home and also feels it will be an improvement. She read into the record a letter from another adjacent homeowner (Dr. Locke, 16462 Barnstable Circle). Joan C. Lund, 16472 Barnstable, spoke in support of the proposed request. She said she will be the most visually impacted and feels it is an improvement. Margo Dalessi, 16385 Ardsley Circle, said she is not objecting to the remodeling of a home, however would like to views, light and air protected and would like safety insured. She feels the proposed driveway is unsafe. She said the applicant received signatures on his petition after holding a meeting at her house with the concerned neighbors. She felt that he presented misleading information to the neighbors. F Cheryl Orr, 16381 Ardsley Circle, said she is opposing losing her view or her sunshine. She plans to stay in the area permanently and hates to see a spec house in the neighborhood. Bill Marshall, 16386 Ardsley Circle, said his plans for a three-story home were denied by the Architectural Committee and that his neighbor was responsible for killing the grass in the area because of his three-story home across the street. He spoke in support of the plans. Norma Marshall, 16386 Ardsley, said to give a facelift to a 25 year old home is beneficial. She said she improved her home a few years ago and caused a lot of commotion in the neighborhood. She doesn't understand why people object to changes and does not feel that this home is a "spec" home. Ruth Moore, 16481 Ardsley Circle, spoke in opposition to the request. She feels this house will block the views of all adjacent homes except for the one on the corner. There were no other persons present to speak for or against the request and the public hearing was closed. A suggested amendment was made to condition l.a which stated that "the condition shall be reviewed at first framing inspection and may be waived if it is determined that privacy to the adjacent properties has been preserved". Also, an added condition requiring review of all landscape areas by the Community Development Director to assure adjacent property compatibility. PC Minutes - 2/21/90 -5- (5120d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY MOUNTFORD, TO APPROVE CONDITIONAL USE PERMIT NO. 89-57 AND COASTAL DEVELOPMENT PERMIT NO. 89-32 WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon, Shomaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-57: 1. The proposed three-story dwelling does not have a detrimental effect on the general health, safety, welfare and privacy of the surrounding residents or on surrounding property values. The proposed structure will be constructed in compliance with all Huntington Beach Ordinance Code development standards and in accordance with the Uniform Building Code as adopted by the City of Huntington Beach. Privacy will not be affected as the windows on the third story visible from the exercise loft face the street and the other windows as conditioned will not permit views onto adjacent properties; therefore, no additional visibility onto adjacent properties will be present as a result of the increased building height and third story. 2. The location, site plan and building design are harmonious and compatible with the streets, driveways, property lines and surrounding neighborhood. The property is located within a cul-de-sac; therefore, the possibility of a traffic conflict pulling out of the subject drive is minimal. The proposed project is located on Humboldt Island which already has 15 homes with a third floor. Additionally, there is a two-story home located on each side of the subject property. 3. A majority of the homes on Humboldt Island were constructed in the mid to late 1960s. As a result of the increasing land values, numerous remodels/rebuilds are occurring and will continue to occur throughout the island. The proposed three-story dwelling is compatible with the recent remodels/rebuilds on the island. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 89-32: 1. The proposed single family dwelling conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 1 PC Minutes - 2/21/90 -6- (5120d) 1 2. Coastal Development Permit -,No. 89-32 is consistent with the CZ (Coastal Zone) suffix, the R1 zone as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed single family dwelling can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. The proposed development is within a tract which already has full public improvements. 4. The proposed single family dwelling conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access exists presently, nor will exist after construction of the proposed structure. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 14, 1989, shall be the conceptually approved layout with the following modifications: a. Third floor windows or openings which face adjacent properties shall be frosted or treated to prohibit views into the adjacent properties. This condition shall be reviewed at first framing inspection and may be waived if it is determined that privacy to the adjacent properties has been preserved. b. Roll -up garage doors shall be required. c. Landscape areas shall be reviewed by the Community Development Director to assure adjacent property compatibility. 2. Prior to issuance of building permits, the applicant/owner shall complete the following: a. All applicable Public Works fees shall be paid. b. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. 3. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. PC Minutes - 2/21/90 -7- (5120d) 4. 5. MR b. A two (2) inch domestic/fire water service connection shall be required. C. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. Conditional Use Permit No. 89-57 and Coastal Development Permit No. 89-32 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-4 CONDITIONAL USE PERMIT NO 89-25/COASTAL DEVELOPMENT PERMIT NO, 90-1 APPLICANT: DR. JAMES SCHELL LOCATION: 16872 Baruna Lane (Davenport Island - Huntington Harbour) Conditional Use Permit No. 89-25 in conjunction with Coastal Development Permit No. 90-1 is a request to permit the remodel and addition to an existing 2,140 square foot, two-story single family residence with a two car garage on Davenport Island in Huntington Harbour. The addition includes a 2,000 square foot third story addition. Section 9110.4(a) of the Huntington Beach Ordinance Code states that the Planning Commission may approve building heights of thirty (30) feet and/or three (3) stories pursuant to the conditional use permit process. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. PC Minutes - 2/21/90 -8- (5120d) COASTAL STATUS: The proposed remodel and addition to an existing two-story single family residence is located within the appealable area of the coastal zone. Therefore, Coastal Development Permit No. 90-1 has been prepared in conjunction with Conditional Use Permit No. 89-25. Prior to any action on Conditional Use Permit No. 89-25, it is necessary for the Planning Commission to review and act on Coastal Development Permit No. 90-1. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-25 and Coastal Development Permit No. 90-1 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED James J. Schell, 16872 Baruna Lane, applicant, spoke in support of the request. He said he has accomplished all guidelines imposed on him by staff and urged the Commission to approve. Joe Rosen, 16915 Edgewater Lane, Association member, spoke in opposition to the request. He said the plans are not harmonious with surrounding residences since the CC&Rs limit the homes to one and two stories. Lewis Goldenson, 16831 Baruna Lane, representing several homeowners, spoke in opposition to the proposed three story home. He said the plans have not been reviewed by the Architectural Board of his Homeowners Association and that the CC&Rs specifically say one and two story homes. He feels the Architectural Committee should have reviewed the plans before being presented to the City. He would like to see more cooperation between the City and the Homeowners Association. There were no other persons present to speak for or against the request and the public hearing was closed. The Commission felt that because the proposed remodel and addition did not propose any windows along the north elevation or any roof decks that no infringement of privacy existed upon the adjacent property owners. In addition the Commission noted that the proposed addition met all code requirements for the Low Density Residential and Coastal zones. PC Minutes - 2/21/90 -9- (5120d) A MOTION WAS MADE BY MOUNTFORD, SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE PERMIT NO. 89-25 AND COASTAL DEVELOPMENT PERMIT NO. 90-1, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Leipzig, Mountford, Williams, Ortega, Kirkland, Bourguignon, Shomaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 89-25: 1. The proposed remodel/addition to an existing two-story single family residence with a 2,000 square foot third floor will not have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity or will not be detrimental to the value of the property and improvements in the vicinity. As proposed the third story addition without windows or roof deck will not affect the adjacent neighborhood. In addition, the proposed remodel will increase the property values of the existing home and the surrounding neighborhood. 2. The proposed remodel/addition to an existing two-story single family residence with a 2,000 square foot third floor is compatible with existing or proposed uses in the vicinity and has anticipated the age and permanence of the existing subdivision which was built in 1963. 3. The location, site layout and design of the proposed remodel/addition to an existing two-story single family residence with a 2,000 square foot third floor is properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner. The proposed building is provided with additional front building offsets, adequate side and rear yard setbacks and will be provided with a three -car garage. Also, the proposed remodel will not affect the channel to the east, the park to the west, or the homes across Davenport Lane. 4. The proposed remodel/addition to an existing two-story single family residence with a 2,000 square foot third floor is consistent with the goals and policies of the Huntington Beach General Plan. I PC Minutes - 2/21/90 -10- (5120d) FINDINGS FOR APPROVAL - COASTAL -DEVELOPMENT PERMIT N0, 90-1: 1. The remodel/addition to an existing two-story single family residence with a third floor as proposed by Coastal Development Permit No. 90-1 conforms with the plans, policies, requirements and standards of the Coastal Element. 2. The remodel/addition to an existing two-story single family residence with a third floor as proposed by Coastal Development Permit No. 90-1 is consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. Coastal Development Permit No. 90-1, at the time of occupancy, the proposed remodel/addition to an existing two-story single family residence with a third floor will provide infrastructure in a manner that is consistent with the C-LUP. 4. The proposed remodel/addition to an existing two-story single family residence with a third floor as proposed by Coastal Development Permit No. 90-1 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 5, 1990, shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. b. The site plan shall include all conditions of approval imposed on the project printed verbatim. 3. The Public Works Department requirements are as follows: a. The water service to the home shall have a Water Division approved back -flow prevention system. 4. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. PC Minutes - 2/21/90 -11- (5120d) 5. 6. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 9. Conditional Use Permit No. 89-25 and Coastal Development Permit No. 90-1 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-5 TENTATIVE PARCEL MAP NO 89-443/CONDITIONAL EXCEPTION (VARIANCE) NO 89-65/NEGATIVE DECLARATION NO, 90-3 APPLICANT: ROBERT STELLRECHT JR. LOCATION: 7841 Glencoe (north side of Glencoe, west of Beach Boulevard) Tentative Parcel Map No. 89-443, Conditional Exception (Variance) No. 89-65 and Negative Declaration No. 90-3 is a request for the subdivision of a 110 foot by 135 foot parcel into two parcels, one with 60 feet of frontage and one with 50 feet of frontage. The latter parcel requires a variance to the minimum lot width of 60 feet required pursuant to Section 9120.2 of the Huntington Beach Ordinance Code. The intent of the applicant is to construct a four-plex on the larger lot and a tri-plex on the smaller lot for a total of seven units. L PC Minutes - 2/21/90 -12- (5120d) 1 ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 90-3 for twenty-one (21) 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. 90-3, Tentative Parcel Map No. 89-443 and Conditional Exception (Variance) No. 89-64 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the project and the public hearing was closed. A discussion ensued regarding the condition of public improvements along Glencoe Street and the Commission's desire to find a mechanism to improve the uniformity of the public improvements (streets, sidewalks, curbs, etc.) with existing improved properties. It was felt by some Commissioners that since this is already a problem area because of the undesirable state of the street and that the applicant is subdividing the parcel to gain one (1) unit, they could not allow a developer to create two lots to gain an additional unit. In addition, the Commissioners noted that they could not make the necessary findings of fact regarding a land related hardship for the proposed exception to lot width for the one (1) parcel of land. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE NEGATIVE DECLARATION NO. 90-3, TENTATIVE PARCEL MAP NO. 89-443 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-64, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland NOES: Mountford, Williams, Ortega, Bourguignon, Leipzig ABSENT: None ABSTAIN: None MOTION FAILED Daniel Stellrecht, representing the applicant, asked to speak in opposition to the Commission's denial of the project. He said plans were to split the lot in order to gain one additional unit however that the one unit would be designated as low income because they felt it would be beneficial in the area. He also said that there would be one and one-half parking spaces per unit on site which he felt was a sufficient amount and would also benefit the area by eliminating parking on the street. PC Minutes - 2/21/90 -13- (5120d) A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS TO DENY TENTATIVE PARCEL MAP NO. 89-443, CONDITIONAL EXCEPTION (VARIANCE) NO. 89-64 AND NEGATIVE DECLARATION NO. 90-3, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Mountford, Williams, Ortega, Bourguignon, Leipzig NOES: Shomaker, Kirkland ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - TENTATIVE PARCEL MAP NO. 89-443: 1. The proposed subdivision of this .34 acre lot into two (2) parcels for purposes of residential use is not in compliance with the size and shape of property necessary for that type of development. 2. The property was not previously studied for this intensity of land use at the time the land use designation for medium density residential was placed on the subject property. 3. The lot width and street frontage of the proposed subdivision is not in compliance with standards, plans and specifications on file with the City. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 89-64: 1. Granting of the conditional exception (variance) for a 50 foot wide lot will be detrimental to the health, safety, or welfare of residents of neighboring properties or injurious to improvement of property in the vicinity due to the narrow width of the lot. 2. Granting of the conditional exception (variance) for a 50 foot wide lot will adversely affect the General Plan of the City of Huntington Beach. 3. Granting of the conditional exception (variance) for a 50 foot wide lot does constitute a grant of special privilege from other properties in the vicinity. 4. There are no special circumstances applicable to the subject property, location, or surroundings, by which the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical R2 zone classifications. PC Minutes - 2/21/90 -14- (5120d) B-6 TENTATIVE PARCEL MAP NO. 89-397/CONDITIONAL EXCEPTION (VARIANCE) NO 89-54/NEGATIVE DECLARATION NO, 89-51 Tentative Parcel Map No. 89-397, Conditional Exception (Variance) No. 89-54 and Negative Declaration No. 89-51 is a request to subdivide a portion of Block 4 of Tract No. 86 into four parcels pursuant to Article 990 (Subdivision) of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 89-54 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 9110.2(b) which specifies that the minimum lot width shall be 60 feet. The applicant is requesting a minimum lot width of 57.5 feet. Since this item may have been inadequately advertised and in order to assure that all public notification requirements are properly met, staff recommends that this public hearing be continued to the March 6, 1990 Planning Commission meeting so that readvertisement can occur. However, the Planning Commission should open the public hearing and take testimony from anyone wishing to speak. A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO CONTINUE TENTATIVE PARCEL MAP NO. 89-397, CONDITIONAL EXCEPTION (VARIANCE NO. 89-54 AND NEGATIVE DECLARATION NO. 89-51 TO THE MARCH 6, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon NOES: None ABSENT: Leipzig (Out of Room) ABSTAIN: None MOTION PASSED AT THIS POINT IN THE AGENDA (11:00 PM), ACCORDING TO PLANNING COMMISSION BY-LAWS, A MOTION WAS NECESSARY TO BEGIN ANY FURTHER PUBLIC HEARINGS AND TO CONTINUE THE SCHEDULED MEETING. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO CONTINUE AGENDIZED PUBLIC HEARINGS AFTER 11:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland Bourguignon, Leipzig NOES: Mountford ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/21/90 -15- (5120d) A MOTION WAS MADE BY ORTEGA, SECOND BY SHOMAKER, TO CONTINUE THE MEETING, PAST 11:00 PM, TO COMPLETE ALL SCHEDULED BUSINESS, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland NOES: Mountford, Bourguignon, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED B-7 CONDITIONAL USE PERMIT NO 89-6(A) WITH SPECIAL PERMITS/ CONDITIONAL EXCEPTION (VARIANCE) NO 90-5/ TENTATIVE TRACT N0, 13439 APPLICANT: THE DAHL CO. LOCATION: 1,000 feet south of Ellis approximately 700 fee west of Goldenwest Street Conditional Use Permit No. 89-6(A) with Special Permits and Tentative Tract No. 13439 is a request to subdivide a ten acre parcel into 28 lots and construct single family detached dwellings with reduced front yard setbacks. Conditional Exception (Variance) No. 90-5 is a request to exceed the 2 foot cut and fill and reduce the lot frontage and lot width on cul-de-sac lots. ENVIRONMENTAL STATUS: On November 29, 1989, the Environmental Assessment Committee determined that the proposed project is exempt from further analysis under California Environment Quality Act (CEQA), pursuant to Section 15182(a). SPECIFIC PLAN: The proposed project is located in the Ellis-Goldenwest Specific Plan. The project complies with the intent of the Specific Plan with regard to density, lot size, street widths, and providing equestrian lots and trails. Special permits are requested for a less than 10 percent reduction for front setbacks for Lots 7 and 19. The special permits are justified because of the unusual depth of Lots 7 and 19. In order to provide variation to the street scene and maintain maximum rear yard for future equestrian structures, the slight reduction in the front yard setback can be supported. Variances to the maximum 2 foot cut are requested for Lots 1, 2, 3, 4, 6, 7, 8 and 9. A variance to the maximum 2 foot fill is requested for Lot 17. Variances to reduce the lot frontage and width from 45 feet is requested for Lots 8, 9 and 19. The 10 acre parcel is one that exhibits unique and special circumstances which serve as findings to support the special permits and variances. PC Minutes - 2/21/90 -16- (5120d) I The site for the proposed tract has a grade differential from less than 50 feet to almost 70 feet. The site has received fill from other projects over the years and there is a minor drainage swale which creates a unique topographical feature which is special to this site. In order to properly drain after development much of the artificial fill will be excavated in order to generally conform to a 1982 contour map. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-6(A) with Special Permits, Conditional Exception (Variance) No. 90-5 and Tentative Tract No. 13439 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED David Dahl, applicant, spoke in support of the project and was available to answer any questions. Gerald Chapman, 6742 Shire Circle, spoke in support of the condition requiring a 34 foot setback on Lot 9 and would like to see drainage with a settling basin completed after grading. He also stated his support of a maximum building height of 35 feet to ridgeline. Mary Bell, 20292 Eastwood Circle, spoke in support of the proposed Dahl projects because she feels they conform with requirements of the Ellis-Goldenwest Specific Plan. She also said she opposes the closing of any equestrian stable. There were no other persons present to speak for or against the project and the public hearing was closed. Concerns regarding the illegal grading and dumping at the site resulting in the destruction of trees were expressed by the Commission. A suggestion was made regarding the replacement size of the trees (i.e. circumferance size instead of box size). The Commission requested that any existing significant 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 within the general vicinity of removal (trail area on western border) and shall be reviewed by Community Development staff and Subdivision Committee. It was also suggested that removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or prior to April 1, 1990. A suggested condition regarding the siting for Lot 9 was also made which would be reviewed by the Planning Commission prior to issuance of grading plans and a requirement of maximum building height of 35 feet to ridgeline. PC Minutes - 2/21/90 -17- (5120d) A MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA, TO APPROVE CONDITIONAL USE PERMIT NO. 89-6(A) WITH SPECIAL PERMITS, CONDITIONAL EXCEPTION (VARIANCE) NO. 90-5 AND TENTATIVE TRACT NO. 13439 WITH FINDINGS AND ADDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 89-6(A): 1. The site plan, fence plan and landscape plan received and dated January 23, 1990, shall be the conceptually approved layout with the following modifications: a. Unit siting for Lot 9 shall be reviewed by the Planning Commission prior to issuance of grading plans. b. Maximum building height of 35 feet to ridgeline. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. 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 - 2/21/90 -18- (5120d) e. 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). f. Elevations shall depict colors and building materials proposed. g. 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. h. 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. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and Ellis-Goldenwest Specific Plan of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing significant 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 within the general vicinity of removal (trail area on western border) and shall be reviewed by Community Development staff and Subdivision Committee. b. Removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or prior to April 1, 1990. PC Minutes - 2/21/90 -19- (5120d) 4. 5. c. Perimeter fencing plans for review and approval which depict decorative materials. d. Provide trail improvements for the 16 foot wide easement located on Lot 3, Tract 11473. The Public Works Department requirements are as follows: a. 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. b. Hydrology and hydraulic studies shall be submitted for Public Works approval. c. All applicable Public Works fees shall be paid. Fire Department Requirements are as follows: 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. Six fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. c. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. d. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. e. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: f. Dimensions for Fire Access. Includes 24 foot or 27 foot fire lanes, turnarounds and 17 foot by 45 foot radius turns. Attached is Huntington Beach Fire Department Standard No. 401. g. Names of streets must be approved by the Huntington beach Fire Department prior to use. Attached is Fire Department Standard 409. 1 PC Minutes - 2/21/90 -20- (5120d) h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #425. i. Fire sprinklers required on homes over 5,000 square feet or where homes exceed 150 feet of Fire Department travel. j. Two inch water service required. k. Loop water system where possible. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. 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. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Final Tract Map No. 13439 shall be accepted by the City Council. It shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to Certificate of Occupancy or final inspection of first unit. PC Minutes - 2/21/90 -21- (5120d) c. Compliance with all conditions of approval specified herein shall be accomplished. 12. All applicable -mitigation measures identified in EIR No. 88-2 shall apply. CONDITIONS OF APPROVAL - TENTATIVE TRACT 13439: 1. The tentative tract map received and dated January 23, 1990, shall be the approved layout. 2. Submit soils report, grading plan and erosion control plan to Public Works. 3. An underground drainage system shall be constructed in the existing 16 foot wide easement located in Lot 3 of Tract 11473. The area draining to the west shall be accommodated by this system in a manner approved by the Public Works Department. 4. Dedicate vehicular access rights to Saddleback Lane to City. 5. The sewers in private streets shall be privately maintained. 6. Approved underground drainage facilities shall be constructed and sized to accept off -site flows. Easements may be necessary. 7. All storm drain facilities shall be privately maintained. 8. Drainage flows from the project onto adjacent properties shall be discharged per a method approved by the Public Works Department. 9. All water facilities shall be dedicated to the City. 10. All equestrian trails shall be dedicated to the City. The Master Homeowner's Association shall be responsible for maintenance and liability of trails, the landscaped areas along the public street, and the drainage swales. 11. All street lights except on arterial highways shall be Southern California Edison "colonial type". 12. The developer shall obtain written permission from the OCSD to sewer to its Slater Avenue facilities prior to recordation of the final map. 13. The developer shall pay connection fees to either CSD No. 3 or CSD No. 11, whichever is higher at the time of connection to County Trunk lines. PC Minutes - 2/21/90 -22- (5120d) 1 14. No permits for occupancy shall be issued until the Reservoir Hill Booster Station and distribution system are complete and operating to the satisfaction of the City Water Department. The developer shall adopt mitigation efforts approved by the Water Department to reduce peak hour demands. 15. Precise hydrologic and drainage studies shall be prepared pror to approval of the grading plan. These studies shall provide mitigation programs -to minimize the runoff impacts on developed and undeveloped properties adjacent to developing tracts. All devices, drains, etc. proposed shall be designed in accordance with the City of Huntington Beach and County of Orange standards. The drainage plan shall include an analysis of runoff impacts to surrounding properties, increases in the quantities- of water, increases in water volume flow speed, impacts to downstream receptors, locations of grease traps, siltation control, off -site erosion, and any other information required by the City Engineer. Site plans and hydrology studies shall comply with the Specific Plan standards. These standards shall restrict development that blocks that portion of the swale needed to accommodate runoff from the 100-year storm. 16. Prior to issuance of any grading permits, construction of the culvert under Ellis Avenue shall be underway. Prior to final building inspection of the first building, Ellis Avenue and the drainage culvert under Ellis Avenue shall be completed. 17. The proposed drainage culvert crossing Goldenwest Street south of Ellis Avenue shall be constructed prior to final building inspection of the first building. 18. Prior to City Engineer's approval of the final tract map, the developer -will: a. File an application for division with the City Engineer (application form is available from the City Engineer) regarding the Reservoir Hill Assessment District. b. Prepare an Amended Assessment Diagram. 19. Developer must adhere to the mitigation measures and applicable City standards, policies and requirements outlined in EIR No. 88-2 (Ellis and Goldenwest Quartersection). 20. The Developer must use drought tolerant plants and turf in the design of all landscaping. The landscape plan must be submitted for approval by the Department of Public Works. 21. Developer must submit for approval by Department of Public Works, water improvements plans for both domestic and reclaimed water (Green Acres Project) showing services connections to all lots, equestrian trails common areas, etc. for both systems. PC Minutes - 2/21/90 -23- (5120d) 22. Developer will be responsible, as part of conditions of approval, for payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 23. Low -volume fixture heads shall be incorporated in the design of the potable water systems for each dwelling. 24. Fire hydrants and water mains must be installed pursuant to Fire Department and Public Works Standards, ordinances and policies. :All water systems shall be dedicated to the City. 25. All water systems shall have two (2) sources, i.e. looped. Developer must provide and dedicate to the City acceptable easements, for the water systems, where necessary. 26. No combustible construction can occur without the approved water system installed. 27. Underground all utilities. 28. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 29. 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. B-8 CONDITIONAL USE PERMIT NO 89-6(B) WITH SPECIAL PERMIT/ CONDITIONAL EXCEPTION (VARIANCE) NO 90-6/ TENTATIVE TRACT N0, 14035 APPLICANT: THE DAHL CO. LOCATION: East side of Edwards Street approximately 1,000 feet south of Ellis Avenue. Conditional Use Permit No. 89-6(B) with Special Permit and Tentative Tract No. 14035 is a request to subdivide a five acre parcel into 12 lots and construct single family detached dwellings with a special permit for a reduced front yard setback. Conditional Exception (Variance) No. 90-6 is a request to exceed the 2 foot fill limitation. PC Minutes - 2/21/90 -24- (5120d) ENVIRONMENTAL STATUS: On November 29, 1989, the Environmental Assessment Committee determined that the proposed project is exempt from further analysis under California Environment Quality Act (CEQA), pursuant to Section 15182(a). SPECIFIC PLAN: The proposed project is located in the Ellis-Goldenwest Specific Plan. The project complies with the intent of the Specific Plan with regard to density, lot size, street widths, and providing equestrian lots and trails. A special permit is requested for a less than 10 percent reduction for the front setback for Lot 1. The special permit for reduced front yard setback is based on the applicant's desire to maximize the rear yard area and provide ample separation between the proposed structure and the structure under construction in the tract to the north. The local street contains a curvilinear element which the Ellis-Goldenwest Specific Plan encourages. In order to provide an ample rear yard, and keep the curvilinear street, staff supports the slight reduction in the front yard setback. A variance to the maximum 2 foot fill is requested for Lots 1, 2, 3, 4, 5 and 6. The 5 acre parcel is one that exhibits unique and special circumstances which serve as findings to support the special permit and variance. Prior to development of Quarterhorse Lane, Tract 13270 located to the north of Tentative Tract No. 14035, there was a minor drainage swale. Variances were approved to partially fill the drainage swale for Tract 13270. The variances to fill the remaining drainage swale area are consistent and will be compatible with the development to the north of Tentative Tract No. 14035. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-6(B) with Special Permit, Conditional Exception (Variance) No. 90-6 and Tentative Tract No. 14035 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED David Dahl, applicant, spoke in support of the project and was available to answer any questions. Gerald Chapman, 6742 Shire Circle, spoke in support of the project and asked when the scheduled date would be for removal of oil wells. Carrie Thomas, 6642 Trotter Drive, said, as stipulated in the original conditions of her tract, there is 100 percent agreement among all of the homeowners to have a gated community. She requested a date be provided as to when Trotter Lane would be closed and when the community would become gated. She also said she hopes all of the landscape design will be coordinated with the Dahl Co. PC Minutes - 2/21/90 -25- (5120d) There were no other persons present to speak for or against the project and the public hearing was closed. The Commission suggested the conditions be modified as they were in Item B-7 (Conditional Use Permit No. 89-6(A), Conditional Exception (Variance) No. 90-5 and Tentative Tract No. 13439). A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 89-6(B) WITH SPECIAL PERMIT, CONDITIONAL EXCEPTION (VARIANCE) NO. 90-6 AND TENTATIVE TRACT NO. 14035, WITH FINDINGS AND ADDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Ortega, Kirkland, FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 89-60): 1. The proposed 12 lot subdivision will be compatible with adjacent properties. 2. The proposed 12 lot subdivision will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. 3. The location, site layout, and design of the proposed 12 lot subdivision properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. The combination and relationship of one proposed use to another on a site are properly integrated. 5. The access to and parking for the proposed 12 lot subdivision does not create an undue traffic problem. FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1. The following special permit promotes a better living environment by adapting the Ellis-Goldenwest Specific Plan requirements to better suit the proposed 12 lot suddivision, which are compatible with the surrounding: a. Reduced front setback from 30 feet to 28 feet for Lot 1. PC Minutes - 2/21/90 -26- (5120d) C 2. The requested special permit provides for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The requested special permit will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. 4. The requested special permit is consistent with the objectives of the Planned Residential Development/Downtown Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) N0. 90-6: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2. The granting of Conditional Exception (Variance) No. 90-6 for exceeding 2 foot fill for Lots 1, 2, 3, 4, 5 and 6 is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 90-6 for exceeding the 2 foot fill limitation will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4. Conditional Exception (Variance) No. 90-6 for exceeding 2 foot fill is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Estate Residential. 5. The granting of the Conditional Exception (Variance) No. 90-6 for exceeding 2 foot fill will not adversely affect the General Plan of the City of Huntington Beach. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO, 14035: 1. The size, depth, features of the compliance with with the City as Subdivision Map Ordinance. frontage, street width, and other design proposed subdivision for 12 lots are in the standard plans and specifications on file well as in compliance with the State Act and the supplemental City Subdivision PC Minutes - 2/21/90 -27- (5120d) 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Estate Residential (3 units per gross acre) and the Ellis-Goldenwest Specific Plan zoning designations were implemented. 3. The General Plan has set forth provisions for the proposed 12 lot subdivision as well as setting forth objectives for the implementation of this type of use. 4. The site is physically suitable for the proposed density of 2.4 units per gross acre. 5. Tentative Tract No. 14035 for a 12 lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 89-6(B): 1. The site plan, fence plan and landscape plan received and dated January 23, 1990, shall be the conceptually approved layout. a. Maximum height of 35 feet to ridgeline. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. 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 - 2/21/90 -28- (5120d) LJ e. 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). f. Elevations shall depict colors and building materials proposed. g. 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. h. 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. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and Ellis-Goldenwest Specific Plan 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 within the general vicinity of removal (trail area on western border) and shall be reviewed by Community Development staff and Subdivision Committee. b. Removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or prior to April 1, 1990. PC Minutes - 2/21/90 -29- (5120d) M 5. c. Perimeter fencing plans for review and approval which depict decorative materials. d. Provide trail improvements for the 16 foot wide easement located on Lot 3, Tract 11473. The Public Works Department requirements are as follows: a. 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. b. Hydrology and hydraulic studies shall be submitted for Public Works approval. c. All applicable Public Works fees shall be paid. d. The applicant shall enter into a Parking License Agreement with the Department of Public Works. e. Prior to first framing inspection, all common arterial street improvements shall be installed. Fire Department Requirements are as follows: 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. Two fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. c. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. d. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. e. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: (1) Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. 1 PC Minutes - 2/21/90 -30- (5120d) f. Dimensions for Fire Access. Includes 24 foot or 27 foot fire lanes, turnarounds and 17 foot by 45 foot radius turns. Attached is Huntington Beach Fire Department Standard No. 401. g. Names of streets must be approved by the Huntington beach Fire Department prior to use. Attached is Fire Department Standard 409. h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #425. i. Fire sprinklers required on homes over 5,000 square feet or where homes exceed 150 feet of Fire Department travel. j. Two inch water service required. k. Loop water system where possible. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. 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. PC Minutes - 2/21/90 -31- (5120d) 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Final Tract Map No. 14035 shall be accepted by the City Council. It shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to Certificate of Occupancy or final inspection of first unit. c. Compliance with all conditions of approval specified herein shall be accomplished. 12. All applicable mitigation measures identified in EIR No. 88-2 shall apply. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14035: 1. The tentative tract map received and dated January 23, 1990, shall be the approved layout. 2. Quarterhorse Lane shall be constructed to full width prior to any grading or construction. 3. Submit soils report, grading plan and erosion control plan to Public Works. 4. All utilities shall be underground. 5. Approved sewer facilities shall be constructed and sized to accept off -site sewer flows. Easements may be necessary. 6. The sewers in private streets shall be privately maintained. 7. Approved underground drainage facilities shall be constructed and sized to accept off -site flows. Easements may be necessary. 8. All storm drain facilities shall be privately maintained. 9. Drainage flows from the project onto adjacent properties shall be discharged per a method approved by the Public Works Department. 10. All water facilities shall be dedicated to the City. 11. All equestrian trails shall be dedicated to the City. The Master Homeowner's Association shall be responsible for maintenance and liability of trails, the landscaped areas along the public street, and the drainage swales. PC Minutes - 2/21/90 -32- (5120d) 1 12. All street lights except,on arterial highways shall be Southern California Edison "colonial type". 13. The developer shall obtain written permission from the OCSD to sewer to its Slater Avenue facilities prior to recordation of the final map. 14. The developer shall pay connection fees to either CSD No. 3 or CSD No. 11, whichever is higher at the time of connection to County Trunk lines. 15. No permits for occupancy shall be issued until the Reservoir Hill Booster Station and distribution system are complete and operating to the satisfaction of the City Water Department. The developer shall adopt mitigation efforts approved by the Water Department to reduce peak hour demands. 16. Precise hydrologic and drainage studies shall be prepared pror to approval of the grading plan. These studies shall provide mitigation programs to minimize the runoff impacts on developed and undeveloped properties adjacent to developing tracts. All devices, drains, etc. proposed shall be designed in accordance with the City of Huntington Beach and County of Orange standards. The drainage plan shall include an analysis of runoff impacts to surrounding properties, increases in the quantities of water, increases in water volume flow speed, impacts to downstream receptors, locations of grease traps, siltation control, off -site erosion, and any other information required by the City Engineer. Site plans and hydrology studies shall comply with the Specific Plan standards. These standards shall restrict development that blocks that portion of the swale needed to accommodate runoff from the 100-year storm. 17. Prior to issuance of any grading permits, construction of the culvert under Ellis Avenue shall be underway. Prior to final building inspection of the first building, Ellis Avenue and the drainage culvert under Ellis Avenue shall be completed. 18. Prior to City Engineer's approval of the final tract map, the developer will: a. File an application for division with the City Engineer (application form is available from the City Engineer) regarding the Reservoir Hill Assessment District. b. Prepare an Amended Assessment Diagram. 19. Developer must adhere to the mitigation measures and applicable City standards, policies and requirements outlined in EIR No. 88-2 (Ellis and Goldenwest Quartersection). PC Minutes - 2/21/90 -33- (5120d) 20. The Developer must use drought tolerant plants and turf in the design of all landscaping. The landscape plan must be submitted for approval by the Department of Public Works. 21. Developer must submit for approval by Department of Public Works, water improvements plans for both domestic and reclaimed water (Green Acres Project) showing services connections to all lots, equestrian trails common areas, etc. for both systems. 22. Developer will be responsible, as part of conditions of approval, for payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 23. Low -volume fixture heads shall be incorporated in the design of the potable water systems for each dwelling. 24. Fire hydrants and water mains must be installed pursuant to Fire Department and Public Works Standards, ordinances and policies. All water systems shall be dedicated to the City. 25. All water systems shall have two (2) sources, i.e. looped. Developer must provide and dedicate to the City acceptable easements, for the water systems, where necessary. 26. No combustible construction can occur without the approved water system installed. 27. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 28. Underground all utilities. 29. 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. B-9 CONDITIONAL USE PERMIT NO. 89-6(C) WITH SPECIAL PERMITS/CONDITIONAL EXCEPTION (VARIANCE) NO. 90-7/ TENTATIVE TRACT NO. 14109 APPLICANT: THE DAHL CO. LOCATION: Southwest corner of Ellis Avenue and Goldenwest Street Conditional Use Permit No. 89-6(C) with Special Permits and Tentative Tract No. 14109 is a request to subdivide a five acre parcel into 14 lots and construct single family detached dwellings with special permits to reduce front yard setbacks. Conditional Exception (Variance) No. 90-7 is a request to reduce the lot frontage and lot width for a knuckle lot. PC Minutes - 2/21/90 -34- (5120d) ENVIRONMENTAL STATUS: On November 29, 1989, the Environmental determined that the proposed project is under California Environment Quality Act 15182(a). SPECIFIC PLAN: Assessment Committee exempt from further analysis (CEQA), pursuant to Section The proposed project is located in the Ellis-Goldenwest Specific Plan. The project complies with the intent of the Specific Plan with regard to density, lot size, street widths, and providing equestrian lots and trails. Special permits are requested for a less than 10 percent reduction for front setbacks for Lots 1, 2, 3, 4, 5 and 9. The special permit for reduced front yard setbacks is based on the applicant's desire to maximize the rear yard area and provide ample separation between the proposed structures and the arterial streets. The local street also contains a curvilinear element which the Ellis-Goldenwest Specific Plan encourages. In order to provide an ample rear yard, and keep the curvilinear street, staff supports the slight reduction in the front yard setback. A variance to reduce the lot frontage and width from 45 feet is requested for Lot 7. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-6(C) with Special Permits, Conditional Exception (Variance) No. 90-7 and Tentative Tract No. 14109 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Chairwoman Ortega read a letter from Mary Harris, Huntington Central Park Equestrian Center, into the record. The letter stated her plans to build 80 new stalls scheduled for completion on May 15, 1990, if she was approved by the Planning Commission on March 20, 1990. She urged the people from Huntington Crest Stables to put their names on a waiting list before April 1, 1990. She also stated Mr. Dahl has informed her that he would pay the first two months rent on boarders from the Huntington Crest Stables. David Dahl, applicant, reiterated the message contained in the letter from Mary Harris. He said that Ms. Harris had promised top priority to all boarders in Huntington Crest Stables and that he was prepared to pay the first two months rent for boarding to boarders specifying they were from Huntington Crest. Gerald Chapman, 6742 Shire Circle, spoke in support of the project and said most of the residents in Country View Estates are in favor. Dan Felix, owner of Huntington Crest Stables, said his stable is very unique and hates to see it closed however urged his boarders to move to the equestrian center. PC Minutes - 2/21/90 -35- (5120d) Lynn Glabowicz, 17052 A. Leslie Lane, spoke in opposition to the closing of Huntington Crest Stables. She said she does not want to relocate to Central Park. She asked how much notification time the boarders at Huntington Crest would have to relocate. There were no other persons present to speak for or against the project and the public hearing was closed. The Commission suggested that conditions be added to spell out the relocation plan, the boarding fees to be paid by Dahl Co., and the other relevant changes made in Items C-8 and C-9. A MOTION WAS MADE BY WILLIAMS, SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE PERMIT NO. 89-6(C) WITH SPECIAL PERMITS, CONDITIONAL EXCEPTION (VARIANCE) NO. 90-7 AND TENTATIVE TRACT NO. 14109, WITH FINDINGS AND ADDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford (Out of Room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 1. The proposed 14 lot subdivision will be compatible with adjacent properties. 2. The proposed 14 lot subdivision will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. 3. The location, site layout, and design of the proposed 14 lot subdivision properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. The combination and relationship of one proposed to another on a site are properly integrated. 5. The access to and parking for the proposed 14 lot subdivision does not create an undue traffic problem. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the Ellis-Goldenwest Specific Plan requirements to better suit the proposed 14 lot suddivision, which are compatible with the surrounding: a. Reduced front yard setbacks of 27 feet for Lots 1, 3 and 5 and 28 feet for Lots 2, 4 and 9. PC Minutes - 2/21/90 -36- (5120d) 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. 4. The requested special permits are consistent with the objectives of the Planned Residential Development/Downtown Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-7: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2. The granting of Conditional Exception (Variance) No. 90-7 for reduced lot frontage and lot width for Lot 7 is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 90-7 for reduced lot frontage and lot width for Lot 7 will not be materially detrimental to the public health, safety and welfare, or injurious to the neighborhood. 4. Conditional Exception (Variance) No. 90-7 for reduced lot frontage and lot width for Lot 7 is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Estate Residential. 5. The granting of the Conditional Exception (Variance) No. 90-7 for reduced lot frontage and lot width will not adversely affect the General Plan of the City of Huntington Beach. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14109: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for 14 lots 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 Estate Residential (3 units per gross acre) and the Ellis-Goldenwest Specific Plan zoning designations were implemented. PC Minutes - 2/21/90 -37- (5120d) 3. The General Plan has set forth provisions for the proposed 14 lot subdivision as well as setting forth objectives for the implementation of this type of use. 4. The site is physically suitable for the proposed density of 2.8 units per gross acre. 5. Tentative Tract No. 14109 for a 14 lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 89-6(C): 1. The site plan, fence plan and landscape plan received and dated January 23, 1990, shall be the conceptually approved layout with the following modifications: a. Provide varied rear setbacks between 25 and 30 feet along Ellis Avenue. b. Maximum building height of 35 feet to ridgeline. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. 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. e. 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, Obb` prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). PC Minutes - 2/21/90 -38- (5120d) 1 f. Elevations shall depict colors and building materials proposed. g. 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. h. 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. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and Ellis-Goldenwest Specific Plan of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing significant 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 within the general vicinity of removal (trail area on western border) and shall be reviewed by Community Development staff and Subdivision Committee. b. Removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or prior to April 1, 1990. c. Perimeter fencing plans for review and approval which depict decorative materials. d. Provide trail improvements for the 16 foot wide easement located on Lot 3, Tract 11473. PC Minutes - 2/21/90 -39- (5120d) 4. 61P The Public Works Department requirements are as follows: a. 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. b. Hydrology and hydraulic studies shall be submitted for Public Works approval. c. All applicable Public Works fees shall be paid. d. Prior to first framing inspection, all common arterial street improvements shall be installed. Fire Department Requirements are as follows: 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. Six fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. c. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. d. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. e. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: f. Dimensions for Fire Access. Includes 24 foot or 27 foot fire lanes, turnarounds and 17 foot by 45 foot radius turns. Attached is Huntington Beach Fire Department Standard No. 401. g. Names of streets must be approved by the Huntington beach Fire Department prior to use. Attached is Fire Department Standard 409. h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #425. PC Minutes - 2/21/90 -40- (5120d) 1 i. Fire sprinklers required on.homes over 5,000 square feet or where homes exceed 150 feet of Fire Department travel. j. Two inch water service required. k. Loop water system where possible. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. 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. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Final Tract Map No. 13439 shall be accepted by the City Council. It shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to Certificate of Occupancy or final inspection of first unit. c. Compliance with all conditions of approval specified herein shall be accomplished. 12. All applicable mitigation measures identified in EIR No. 88-2 shall apply. PC Minutes - 2/21/90 -41- (5120d) 13. The applicant shall provide a six (6) month period from the date of approval of Conditional Use Permit No. 89-6(C) to allow tenants of the Huntington Crest Stable to relocate to another site. Applicant shall submit a Relocation Assessment Plan for the Huntington Crest Stable tenants. CONDITIONS OF APPROVAL --TENTATIVE TRACT 14109: 1. The tentative tract map received and dated January 23, 1990, shall be revised to show the following: a. Additional ten (10) foot dedication along Goldenwest Street, if necessary. 2. A public street, Saddleback Lane, cannot be gated. 3. Submit soils report, grading plan and erosion control plan to Public Works. 4. All utilities shall be underground. 5. The City's Traffic Engineer does not have a template for gated entry. The security gate configuration shall be submitted for Public Works approval. 6. Approved sewer facilities shall be constructed and sized to accept off -site sewer flows. Easements may be necessary. 7. The sewers in private streets shall be privately maintained. 8. Approved underground drainage facilities shall be constructed and sized to accept off -site flows. Easements may be necessary. 9. All storm drain facilities shall be privately maintained. 10. Drainage flows from the project onto adjacent properties shall be discharged per a method approved by the Public Works Department. 11. All water facilities shall be dedicated to the City. 12. All equestrian trails shall be dedicated to the City. The Master Homeowner's Association shall be responsible for maintenance and liability of trails, the landscaped areas along the public street, and the drainage swales. 13. All street lights except on arterial highways shall be Southern California Edison "colonial type". 14. The developer shall obtain written permission from the OCSD to sewer to its Slater Avenue facilities prior to recordation of the final map. PC Minutes - 2/21/90 -42- (5120d) 1 15. The developer shall pay connection fees to either CSD No. 3 or CSD No. 11, whichever is higher at the time of connection to County Trunk lines. 16. No permits for occupancy shall be issued until the Reservoir Hill Booster Station and distribution system are complete and operating to the satisfaction of the City Water Department. The developer shall adopt mitigation efforts approved by the Water Department to reduce peak hour demands. 17. Precise hydrologic and drainage studies shall be prepared pror to approval of the grading plan. These studies shall provide mitigation programs to minimize the runoff impacts on developed and undeveloped properties adjacent to developing tracts. All devices, drains, etc. proposed shall be designed in accordance with the City of Huntington Beach and County of Orange standards. The drainage plan shall include an analysis of runoff impacts to surrounding properties, increases in the quantities of water, increases in water volume flow speed, impacts to downstream receptors, locations of grease traps, siltation control, off -site erosion, and any other information required by the City Engineer. Site plans and hydrology studies shall comply with the Specific Plan standards. These standards shall restrict development that blocks that portion of the swale needed to accommodate runoff from the 100-year storm. 18. Prior to issuance of any grading permits, construction of the culvert under Ellis Avenue shall be underway. Prior to final building inspection of the first building, Ellis Avenue and the drainage culvert under Ellis Avenue shall be completed. 19. The proposed drainage culvert crossing Goldenwest Street south of Ellis Avenue shall be constructed prior to final building inspection of the first building. 20. Prior to City Engineer's approval of the final tract map, the developer will: a. File an application for division with the City Engineer (application form is available from the City Engineer) regarding the Reservoir Hill Assessment District. b. Prepare an Amended Assessment Diagram. 21. Developer must adhere to the mitigation measures and applicable City standards, policies and requirements outlined in EIR No. 88-2 (Ellis and Goldenwest Quartersection). 22. The Developer must use drought tolerant plants and turf in the design of all landscaping. The landscape plan must be submitted for approval by the Department of Public Works. PC Minutes - 2/21/90 -43- (5120d) 23. Developer must submit for approval by Department of Public Works, water improvements plans for both domestic and reclaimed water (Green Acres Project) showing services connections to all lots, equestrian trails common areas, etc. for both systems. 24. Developer will be responsible, as"part of conditions of approval, for payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 25. Low -volume fixture heads shall be incorporated in the design of the potable water systems for each dwelling. 26. Fire hydrants and water mains must be installed pursuant to Fire Department and Public Works Standards, ordinances and policies. All water systems shall be dedicated to the City. 27. All water systems shall have two (2) sources, i.e. looped. Developer must provide and dedicate to the City acceptable easements, for the water systems, where necessary. 28. No combustible construction can occur without the approved water system installed. 29. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 30. Underground all utilities. 31. 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. B-10 CONDITIONAL USE PERMIT NO 87-5 - SIX MONTH REVIEW OF PARKING MANAGEMENT PLAN APPLICANT: FHP, INC. LOCATION: 19066 Magnolia Street The Planning Commission, at their meeting of August 15, 1989, reaffirmed their approval of Conditional Use Permit No. 87-5 to allow operation of FHP Senior Medical Center at Garfield Plaza. The Conditional Use Permit had been scheduled for possible revocation due to continuing parking problems at the Center. Since FHP appeared to be making progress toward resolution of the problems, the Planning Commission allowed continued operation of the medical center with revised conditions of approval and scheduled a six-month review. PC Minutes - 2/21/90 -44- (5120d) STAFF RECOMMENDATION: FHP be allowed to maintain the Senior Medical Center in compliance with conditions of approval, and that staff review the parking and report back to the Planning Commission in one year. THE PUBLIC HEARING WAS OPENED Ron Gray, General Manager of FHP, said the main focus by FHP has been in parking. He said they are encouraging parking in all allocated spaces and have implemented some new programs to reduce the parking demand (i.e. mail order filing of prescriptions, employees parking in the rear, rear entrance made available to patients). Iris Fain, 8886 Madoc Circle, said she has been encouraged by FHP to use the mail -in prescription system. She said FHP tells her what hours they will be available for pickup and where to park when she picks them up. Margie Schiller, 9726 Puffin Avenue, spoke in opposition to the senior medical center. She said physical therapy is now being offered by FHP to all patients, not just seniors and she estimates their patient count per day is now over 700. She asked that staff conduct a method of counting the patients and provide the Commission with a daily count. She said the parking situation is getting worse instead of better. Betty Goldberg, 8756 Marin Circle, praised FHP for their center and for the services provided. She said when she goes to the medical center, she parks in the back, and is taken to the front door by an FHP golf cart. Al Goldberg, 8756 Marin Circle, spoke in support of FHP. Dr. Gary Goldstein, 18000 Studebaker Rd., Cerritos, said FHP is a senior health care center and when they moved into this center there was 30 percent occupancy. He said he has received two letters from current tenants stating "no problems with parking" in the center. He said the peak parking demands have been reduced by FHP's implementation of various programs and their plans are to add a bigger/additional entrance in the rear. He said FHP is trying to keep their scheduled appointments to 260 per day however they have no control over the walk-in patients. Kay MacLeod, 712 Delaware Street, spoke in support of FHP. She explained to the Commission the procedure for "Urgent Care" visits and why FHP would have no control over the additional walk-in patients per day. Freda Davis, owner of the Health Food Chalet in the center, said she has taken counts of FHP members and each day the total is over 700, which is a violation of the conditional use permit. She said FHP has ruined her business, however she must stay in the center for another 10 years and wants something done about the problems. PC Minutes - 2/21/90 -45- (5120d) Robert H. Davis, 5932 Padua, said FHP should have never been allowed to locate in this center. He said they do not stay within their limits. He urged the Commission to "not ignore" the situation. Reba Donnelly, 6071 Shawnee Rd., Westminster, agreed that FHP provides a wonderful service to seniors. She said she operated her travel business in the center when FHP originally moved in, and supported their moving there, however the parking did become bad and she moved her business to another center. Dennis Kazarian, 9042 Garfield, said his business is located in the bank building in'the center and does not feel it is the parking that is causing problems;.he thinks it is just the center. He said his building has a high vacancy rate. There were no other persons present to speak for or against the item and the public hearing was closed. The Commission emphasized that the hearing was not to judge the medical facility or the care offered by FHP. They did feel however that the center did have conflicting uses and there was a definite parking problem at the site. They also felt that a medical facility was not an appropriate use for a retail center. A MOTION WAS MADE BY MOUNTFORD, SECOND BY ORTEGA „ TO SET A REVOCATION HEARING FOR 45 DAYS (APRIL 3), BY THE FOLLOWING VOTE: AYES: Williams, Mountford, Ortega NOES: Leipzig, Kirkland, Bourguignon, Shomaker ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LEIPZIG, SECOND BY SHOMAKER, TO SCHEDULE A SIX MONTH REVIEW WITH DIRECTION TO STAFF TO REVISE CONDITION 3 REGARDING SCHEDULED/NON-SCHEDULED APPOINTMENTS AND WORK WITH FHP ON IMPROVEMENTS TO THE REAR ENTRANCE AND PARKING, BY THE FOLLOWING VOTE: AYES: Shomaker, Ortega, Leipzig NOES: Mountford, Williams, Kirkland, Bourguignon ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY BOURGUIGNON, SECOND BY KIRKLAND, TO CONTINUE THE REVIEW OF FHP PARKING MANAGEMENT PLAN FOR SIX MONTHS, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Bourguignon NOES: Leipzig, Mountfor, Williams, Ortega ABSENT: None ABSTAIN: None MOTION FAILED PC Minutes - 2/21/90 -46- (5120d) A MOTION WAS MADE BY ORTEGA, SECOND BY KIRKLAND, TO RESCHEDULE THE SIX MONTH REVIEW OF FHP PARKING MANAGEMENT PLAN IN 30 DAYS ( TO MARCH 20) WITH DIRECTION TO STAFF TO MONITOR NUMBER OF NON-SCHEDULED/SCHEDULED APPOINTMENTS, REVIEW PARKING PROBLEMS, AND REVIEW ANY PROPOSED PHYSICAL CHANGES TO THE FACILITY, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Leipzig NOES: Mountford, Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 9, 1990 DUE TO THE LATENESS OF THE HOUR, PLANNING COMMISSION MINUTES DATED JANUARY 9, 1990, WERE CONTINUED TO THE MARCH 6, 1990 MEETING D. NON-PUBLIC HEARING ITEMS D-1 REVIEW CONDITIONS OF APPROVAL AND SITE PLAN FOR SITE PLAN AMENDMENT NO. 89-6 (CONTINUED FROM THE FEBRUARY 6. 1990 PLANNING COMMISSION MEETING) APPLICANT: James R. Hetzler LOCATION: 11750 Gothard Avenue (northeast corner of Gothard and Belva Avenues) DUE TO THE LATENESS OF THE HOUR, REVIEW OF CONDITIONS FOR SITE PLAN AMENDMENT NO. 89-6 WAS CONTINUED TO THE MARCH 6, 1990 MEETING. D-2 ONE YEAR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 89-3/CONDITIONAL EXCEPTION (VARIANCE) N0. 89-5 APPLICANT: Satra Development Corp. LOCATION: 7801 Garfield Avenue DUE TO THE LATENESS OF THE HOUR, ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 89-3 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-5 WAS CONTINUED TO THE MARCH 6, 1990 MEETING PC Minutes - 2/21/90 -47- (5120d) DUE TO THE LATENESS OF THE HOUR, THE FOLLOWING ITEMS WERE CONTINUED TO THE MARCH 6, 1990 MEETING E. DISCUSSION ITEMS None F. PLANNING COMMISSION SUB -COMMITTEE REPORTS None G. PLANNING COMMISSION INQUIRIES None H. PLANNING COMMISSION ITEMS None I. COMMUNITY DEVELOPMENT ITEMS None J . ADJOURNMENT A MOTION WAS MADE AT 12:43 AM BY ORTEGA, SECOND BY KIRKLAND, TO ADJOURN TO A 5:00 PM STUDY SESSION (REVIEW OF OFF-STREET PARKING AND ON -SITE LANDSCAPING REQUIREMENTS), TUESDAY, MARCH 6, 1990, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Leipzig, Williams, Ortega, Kirkland, Bourguignon, Shomaker NOES: None ABSENT: Mountford (Out of Room) ABSTAIN: None MOTION PASSED /kla APPROVED BY: 01cq, 0 IM S Mike Adams, Secretary Planning mmissioA Chairman PC Minutes - 2/21/90 -48- (5120d)