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HomeMy WebLinkAbout1990-06-19APPROVED 8/21/90 MINUTES HUNTINGTON BEACH PLANNING COMMISSION DUNE 19, 1990 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A P P P A ROLL CALL: Shomaker, Mountford, Williams, Ortega, Kirkland, A P Bourguignon, Leipzig 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. NONE B. PUBLIC HEARING ITEMS B-1 TENTATIVE PARCEL MAP NO, 89-368/CONDITIONAL EXCEPTION (VARIANCE) NO. 89-46/NEGATIVE DECLARATION NO. 90-12 (CONTINUED FROM APRIL 17, 1990 PLANNING COMMISSION MEETING) APPLICANT: CHARLES PARSONS LOCATION: South side of Garfield Avenue approximately 365 feet west of Suva Lane Tentative Parcel Map No. 89-368 is a request to subdivide one 11,000 square foot parcel into two smaller parcels. Parcel 1 would be a standard 6,000 square foot parcel which is proposed to take access from an easement across Parcel 2, a 5,000 square foot parcel with easements resulting in a 4,091 square foot usable lot area (pursuant to Section 992 of the Huntington Beach Ordinance Code). W Conditional Exception (Variance) No. 89-46 has been initiated af. because the proposal does not comply with the City's minimum lot size requirement of 6,000 square feet. The applicant is requesting a net lot area of 4,091 square feet for Parcel 2 of the subdivision. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 90-12 for twenty-one (21) days, and one letter was received from the Environmental Board. The letter and response to comments are attached to this report. The staff, in its initial study of the project, has recommended that a negative declaration be issued. Prior to any action on Tentative Parcal Map No. 89-368 or Conditional Exception (Variance) No. 89-46, it is necessary for the Planning Commission to review and act on Negative Declaration No. 90-12. STAFF RECOMMENDATION: Approve Negative Declaration No. 90-12, Tentative Parcel Map No. 89-368 and Conditional Exception (Variance) No. 89-46 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Charles Parsons, applicant, stated he did not want to give up driveway access to Garfield Avenue. He feels two easements benefit neighbors and a third easement will benefit the community. He is planning on living in one of the homes, and leaving the other homes to his children. He also feels the architectural design will be compatible with the surrounding neighbors. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY MOUNTFORD, SECOND BY LEIPZIG, TO APPROVE NEGATIVE DECLARATION NO. 90-12, BY THE FOLLOWING VOTE: AYES: Mountford, NOES: None ABSENT: Shomaker, ABSTAIN None MOTION PASSED Williams, Ortega, Leipzig Kirkland, Bourguignon PC Minutes - 6/19/90 -2- (6301d) 1 A MOTION WAS MADE BY MOUNTFORD, SECOND BY LEIPZIG, TO APPROVE TENTATIVE PARCEL MAP NO.89-368 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-46, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Mountford, NOES: None ABSENT: Shomaker, ABSTAIN None MOTION PASSED Williams, Ortega, Leipzig Kirkland, Bourguignon FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 89-368: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for two single family dwellings 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 Low Density Residential (6.5 units per gross acre) and R1 (Low Density Residential) zoning were implemented. 3. The site is relatively flat and physically suitable for the proposed density of 6.5 units per gross acre. 4. Tentative Parcel Map No. 89-368 for two R1 lots is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 89-46: 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 because the property is irregular in shape, and has easements reducing the useable lot area of Parcel 2. Any alteration to the property requires an easement which further reduces the usable lot area. 2. The granting of Conditional Exception (Variance) No. 89-46 for reduced lot area will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 3. The conditional exception (variance) for reduced consistent with the goals and objectives of the Plan and Land Use Map designation of Low Density lot size is City's General Residential. PC Minutes - 6/19/90 -3- (6301d) 4. The granting of this conditional exception from Section 9110.2(A) of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to maintain consistent densities, light, ventilation and open space. 5. The granting of the conditional exception (variance) for reduced lot area will not adversely affect the General Plan of the City of Huntington Beach. 6. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and he will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 89-368: 1. The tentative parcel map received and dated June 4, 1990, shall be the conceptually approved layout with the following modification: a. All vehicular access rights to Garfield Avenue shall be dedicated to the City. b. The easterly 12 feet of Parcel 2 extending from the proposed property line adjoining Parcel 1 to the existing 20 foot wide easement on Parcel 2 shall be clearly marked and designated as an easement and shall be recorded as such with the County Recorder in the chain of title of both properties prior to issuance of building permits. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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, water faucets and showers. b. 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. C. 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). PC Minutes - 6/19/90 -4- (6301d) d. Elevations shall depict colors and building materials proposed. e. 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. f. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised Tentative Parcel Map pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. 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. C. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. All applicable Public Works fees shall be paid. e. The subject property shall enter into irrevocable reciprocal driveway easement(s) between the parcels on the subject site. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. f. Final Parcel Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. g. Submit copy of completed FEMA Elevation Certificate for each structure. 4. The Public Works Department requirements are as follows: a. No access shall be taken from Garfield Avenue. Existing vehicular access to Garfield shall be dedicated to the City of Huntington Beach. PC Minutes - 6/19/90 -5- (6301d) b. The applicant shall remove all driveway aprons on Garfield Avenue and Kaimu Drive (existing but not used) and replace with sidewalk. The presently used driveway apron on Kaimu Drive shall remain and be used as access for both parcels. C. Separate sewer laterals and water services shall be provided. 5. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations if the total gross floor area (including garage) exceeds 5,000 square feet. b. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. C. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 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. 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. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. Prior to final building permit approval the following shall be completed: a. Final Parcel Map No. 89-368 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 - 6/19/90 -6- (6301d) b. Compliance with all conditions of approval specified herein shall be accomplished. 11. 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. 12. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. 13. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 14. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. 15. Relocation of the existing house onto Parcel 1 and construction of the house on Parcel 2 shall be subject to approval by the Planning Director. B-2 CONDITIONAL USE PERMIT NO. 89-67: APPLICANT: TAIT AND ASSOCIATES, INC. LOCATION: 9002 Adams Avenue (southeast corner of Magnolia Street and Adams Avenue) Conditional Use Permit No. 89-67 is a request to demolish an existing self-service gas station and permit the construction of a new 1,500 square foot self-service gas station with convenience market and car wash pursuant to Section 9220.1(C) - Commercial District Standards, of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15303, Class 3, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-67 with findings and conditions of approval. PC Minutes - 6/19/90 -7- (6301d) 1 THE PUBLIC HEARING WAS OPENED Carl W. Korndoerfer, representative from Unocal, stated the new building will improve public safety and increase customer convenience. He feels they have exceeded landscaping requirements and questioned Design Review Board approval and the effect on parking and circulation. He also stated that reciprocal access may be a problem with other property owners, and questioned delay of construction because of this issue. He asked if they could enter into an irrevocable offer to dedicate. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission commended Unocal for prohibiting the sale of alcohol on their premises. They requested the car wash hours of operation and additional landscaping to be reviewed by the Design Review Board to be added to the conditions of approval. A MOTION WAS MADE BY MOUNTFORD, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 89-67, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE. AYES: Mountford, NOES: None ABSENT: Shomaker, ABSTAIN None MOTION PASSED Williams, Ortega, Leipzig Kirkland, Bourguignon FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-67: 1. The establishment, maintenance and operation of a self-service gas station with convenience market and car wash without the sale of alcoholic beverages will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. 2. The proposed self-service gas station with convenience market and car wash without the sale of alcoholic beverages is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The location, site layout, and design of the proposed self-service gas station with convenience market and car wash properly adapts the proposed structures to streets, driveways and other adjacent structures and uses in a harmonious manner. PC Minutes - 6/19/90 -8- (6301d) 4. The combination and relationship of one proposed use to another on site are property integrated because adequate parking, reciprocal access and ingress and egress points are proposed. 5. The access to and parking for the proposed self-service gas station with convenience market and car wash does not create an undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated May 29, 1990, shall be the conceptually approved layout with the following modifications: a. The reciprocal access drive along the southerly property line shall be a minimum width of 25 feet. b. The proposed 22 foot wide drive shall be a minimum width of 25 feet. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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. b. Elevations shall depict colors and building materials proposed. C. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. d. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. e. 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. PC Minutes - 6/19/90 -9- (6301d) f. The Community Development Department shall review and approve the following: (a) Revised site plan and elevations as modified pursuant to Condition No. 1. g. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape pallet shall be reviewed and approved by the Design Review Board. The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code. C. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. d. 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. e. All applicable Public Works fees shall be paid. f. Prior to building permits the subject property shall make an irrevocable offer for reciprocal driveway easement(s) between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. PC Minutes - 6/19/90 -10- (6301d) 4. The Public Works Department requirements are as follows: a. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius -type construction. b. Construct all right-of-way and street improvements pursuant to Public Works standards and specifications. C. The car wash shall design and use a recycled water system to the satisfaction of the Water Department and the Public Works Department. 5. Fire Department Requirements are as follows: a. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. b. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. C. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. d. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 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. The proposed on -site structures shall be constructed pursuant to the standards and specifications of Article 940, Floodplain Suffix, of the Huntington Beach Ordinance Code. 10. 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; PC Minutes - 6/19/90 -11- (6301d) C. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All signs shall be in compliance with the Huntington Beach Ordinance Code. (Article 961) C. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 13. 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. 14. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 15. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. 16. The Planning Commission reserves the right to revoke Conditional Use Permit No. 89-67 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 17. Conditional Use Permit No. 89-67 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. PC Minutes - 6/19/90 -12- (6301d) B-3 USE PERMIT NO. 90-14 APPLICANT: TACO BELL CORPORATION LOCATION: 17182 Beach Boulevard (east side of Beach Boulevard approximately 300 feet south of Blaylock Drive) Use Permit No. 90-14 is a request to demolish an existing Taco Bell Restaurant and permit the construction of a new 1,970 square foot Taco Bell Drive-Thru Restaurant. Pursuant to Section 9220.1(c)R of the Huntington Beach Ordinance Code the proposed project is permitted subject to the approval of a use permit by the Zoning Administrator. Based upon a Planning Division policy memo dated June 15, 1988, all new construction proposals along Beach Boulevard shall be subject to review and approval by the Planning Commission. On March 9, 1990, the Zoning Administrator referred the project to the Planning Commission. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15303, Class 3, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Use Permit No. 90-14 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Steve Abbot, 2445 Elden #K, Costa Mesa, applicant, said they have a 20 year lease on the property. He feels their plans are an improvement to the circulation. He asked for clarification on conditions of approval nos. 12 and 13. He stated that adjacent property owners are not interested in granting easements and asked for relief from the condition. Cleon Pantell, property owner, stated he will not sign agreement to dedicate access. He feels it will diminish the value of his property, and the potential added traffic through his property will add risk, liability and maintenance impacts. He said the bank has four (4) access points and does not see justification for allowing Taco Bell customers access. He feels there are adequate access points and to avoid danger to pedestrians, points should be eliminated from Beach Boulevard. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 6/19/90 -13- (6301d) The Commission felt since this property is located in the "Super Street" planning area a reciprocal access agreement was needed. They also requested that the conditions of approval be modified to require replacement of the 6 compact parking spaces with 5 full size stalls with redesign of the landscape planters to accommodate the stalls. A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS, TO APPROVE USE PERMIT NO. 90-14, WITH FINDINGS MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Mountford, Williams, Ortega, Leipzig NOES: None ABSENT: Shomaker, Kirkland, Bourguignon ABSTAIN None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT NO. 90-14: 1. The establishment, maintenance and operation of the 1,970 square foot Taco Bell Drive-Thru Restaurant as proposed will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 90-14 for the construction of a 1,970 square foot Taco Bell Drive-Thru Restaurant will not adversely affect the General Plan of the City of Huntington Beach. The proposed restaurant will insure commercial development that is economically viable, attractive, well related to other land uses and satisfies the needs of the residents of Huntington Beach. 3. The proposed construction of a 1,970 square foot Taco Bell Drive-Thru Restaurant is consistent with the goals and objectives of the City's General Plan and Land Use Maps. The land use element designation of Highway Commercial provides criteria for commercial uses and designates drive-in restaurants as a function of the commercial land use. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated May 31, 1990, shall be the conceptually approved layout with the following modifications: a. The existing drive approach shall be a maximum 30 feet in width and the landscape planter shall be modified to accommodate the new drive approach. PC Minutes - 6/19/90 -14- (6301d) b. Remove 6 compact parking stalls and replace with 5 full size stalls with modifications to the landscape planter to accommodate the stalls. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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. b. Floor plans shall depict natural gas and 220V electrical locations; 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. c. Elevations shall depict colors and building materials as approved by the Design Review Board on May 11, 1990. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. PC Minutes - 6/19/90 -15- (6301d) b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code and with the May 11, 1990 recommendations of the Design Review Board. c. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. d. 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. e. All applicable Public Works fees shall be paid. f. The subject property shall offer to dedicate an irrevocable reciprocal driveway easement between the subject site and adjacent (north) property. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. g. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" approved as to form by the Community Development Department and City Attorney assuring that upon acceptance of the irrevocable reciprocal driveway easement agreement between the subject property and adjacent north property, the applicant shall remove the temporary landscaping and parking stall and replace with a 24 foot wide reciprocal driveway easement. 4. The Public Works Department requirements are as follows: a. Driveway on Beach Boulevard shall have a minimum width of thirty feet (30'). b. Applicant shall pursue CalTrans approval of radius type driveways on Beach Boulevard. PC Minutes - 6/19/90 -16- (6301d) c. Remove and replace all deteriorated and/or damaged Public Works improvements per CalTrans and Pubic Works standards and specifications. 5. Fire Department Requirements are as follows: a. Fire extinguishers will be installed and located in areas pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Address numbers shall be installed pursuant to Fire Department regulations. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 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. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. 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 - 6/19/90 -17- (6301d) 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All signs shall be in compliance with the Huntington Beach Ordinance Code. (Article 961) and with the May 11, 1990 Design Review Board recommendations. c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. The applicant shall submit an acoustical report which will monitor and/or verify the potential noise impacts of the menu order board speaker phone with the adjacent single family homes to the east. Should non-compliance with approved noise standards be indicated, an alternative system shall be reviewed and approved by the Community Development Department. e. Compliance with all conditions of approval specified herein shall be accomplished. 12. 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. 13. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 14. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. 15. The Planning Commission reserves the right to revoke Use Permit No. 90-14 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 16. Use Permit No. 90-14 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. PC Minutes - 6/19/90 -18- (6301d) B-4 SPECIAL SIGN PERMIT NO. 90-4 APPLICANT: YVES BRIEE LOCATION: 16881 Beach Boulevard (west side, approximately 350 feet north of Warner Avenue) Special Sign Permit No. 90-4 is a request to retain an existing, non -conforming sign on which the sign face was changed without permits. The new business owner (Voila Restaurant) wishes to retain the new sign face that has been placed in the 13 feet-9 inch high, 95 square foot frame. Section 9610.5(b) of the Huntington Beach Ordinance Code requires that new freestanding signs on properties for which the building encroaches into the 50 foot setback be a maximum 7 feet high and 30 square feet in area. The applicant is requesting that a Special Sign Permit be granted in accordance with Section 9610.7 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15311, Class 11, of the California Environmental Quality Act. DESIGN REVIEW BOARD: On May 11, 1990, the Design Review Board analyzed the applicant's request. The applicant stated that he was willing to remove the existing 30 square foot wall sign attached to the building, facing Beach Boulevard. The Board suggested the addition of mounding and landscaping beneath the existing freestanding sign, and the applicant agreed. With these conditions, the Design Review Board recommended approval of the applicant's request to the Planning Commission. STAFF RECOMMENDATION: Deny Special Sign Permit No. 90-4 with findings. THE PUBLIC HEARING WAS OPENED Yves Briee, applicant, explained the history of his sign. He stated that he has been in business seven (7) months, and is having financial difficulty and urged the Commission to approve his request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the requirement of posting a bond for a Sign Permit Application and whether the cost was set high enough in order to avoid repercussions from setting the costs to low. PC Minutes - 6/19/90 -19- (6301d) 1 A continuance was suggested in order to determine the cost of the bond. Denial of the special sign permit was also suggested with direction to staff for preparation of a limited sign permit (for 2 years). A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO DENY SPECIAL SIGN PERMIT NO. 90-4, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Mountford, Williams, Ortega, Leipzig NOES: None ABSENT: Shomaker, Kirkland, Bourguignon ABSTAIN None MOTION PASSED FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO. 90-4: 1. The 13 feet-9 inch high, 95 square foot sign is not in scale with recently approved signs along Beach Boulevard or elsewhere in the City. 2. The granting of Special Sign Permit 90-4 would constitute a grant of special privilege to the applicant because the parcel in question is of regular size, shape, and accessibility, and a restaurant does not have unique identification needs. 3. The signage for the site can be made to comply with current code while maintaining adequate visibility from Beach Boulevard. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO APPROVE ALTERNATIVE ACTION FOR LIMITED SIGN PERMIT, BY THE FOLLOWING VOTE: AYES: Mountford, NOES: Williams ABSENT: Shomaker, ABSTAIN None Ortega, Leipzig Kirkland, Bourguignon MOTION AWOMATICALLY CONTINUED TO JULY 10, 1990 PLANNING COMMISSION MEETING B-5 CONDITIONAL USE PERMIT N0, 90-16/NEGATIVE DECLARATION NO. 90-13: Conditional Use Permit No. 90-16 is a request to construct a two-story, 42,000 square foot church with a 1,935 seat sanctuary pursuant to Section 9630.0 of the Huntington Beach Ordinance Code. The request also includes a one -level subterranean parking structure under the building, and the joint use of the surface parking at Seacliff Office Park. Since the time of the original submittal, the applicant has proposed that the number of seats in the church be reduced from 2,000 to 1,935 in order to accommodate all required parking on the Seacliff Office Park site. PC Minutes - 6/19/90 -20- (6301d) ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 90-13 for a twenty-one (21) day review and comment period prior to the hearing date, 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. Prior to any action on Conditional Use Permit No. 90-16, it is necessary for the Planning Commission to review and act on Negative Declaration No. 90-13. STAFF RECOMMENDATION: Approve Negative Declaration No. 90-13 and Conditional Use Permit No. 90-16 with findings and conditions of approval. The commission felt this request had major issues that would best be clarified if all members of the Commission were present. A continuance was suggested. Chairwoman Ortega asked if there were any speakers present that would be unable to speak at the July loth Planning Commission meeting. There were none present. A MOTION WAS MADE BY MOUNTFORD, SECOND BY LEIPZIG, TO CONTINUE CONDITIONAL USE PERMIT NO. 90-16, AND NEGATIVE DECLARATION NO. 90-13, TO THE JULY 10, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Mountford, Williams, Ortega, Leipzig NOES: None ABSENT: Shomaker, Kirkland, Bourguignon ABSTAIN None MOTION PASSED C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS D-1 REQUEST FOR AN EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 88-51 APPLICANT: CAROLYN KANODE - HUNTINGTON YOUTH SHELTER PC Minutes - 6/19/90 -21- (6301d) Carolyn Kanode, President of the Board for the Huntington Youth Shelter is requesting a one (1) year extension of time for Conditional Use Permit No. 88-51, which was approved by the Planning Commission on December 13, 1988. Conditional Use Permit No. 88-51 was a request to establish a youth shelter in the vacant Brooks House located in Central Park for the housing and care of up to 20 teenagers between the ages of 11 to 17. On June 6, 1989, the Planning Commission approved an alternative access plan and clarified condition of approval No. 4d for Conditional Use Permit # 88-51. The applicant is requesting the one (1) year extension of time based upon delays in finalizing a lease agreement between the City of Huntington Beach and representatives of the Huntington Beach Youth Shelter. In addition, the Building Industry Association of Orange County has finally adopted the proposed shelter as a building project through Home -Aid funding as of May 1990. Section 9843.4 of the Huntington Beach Ordinance Code specifies that upon written request by the applicant or property owner, the Planning Commission may grant extensions of time, not to exceed one (1) year. STAFF RECOMMENDATION: Approve a one (1) year extension of time for Conditional Use Permit No. 88-51 to June 6, 1991, with all previous conditions of approval in effect. A MOTION WAS MADE BY MOUNTFORD, SECOND BY LEIPZIG TO APPROVE THE REQUEST FOR AN EXTENSION OF TIME ON CONDITIONAL USE PERMIT NO. 88-51, BY THE FOLLOWING VOTE: AYES: Mountford, Williams, Ortega, Leipzig NOES: None ABSENT: Shomaker, Kirkland, Bourguignon ABSTAIN None E. DISCUSSION ITEMS Planned Sign Program for Pavilion: An emergency action motion to discuss the planned sign program was requested. The Planning Commission determined. that an emergency action was not substantial or'significant and agreed to postpone discussion until the 7/10/90 meeting. F. PLANNING COMMISSION INQUIRIES The following items were added to the Inquiries List: 1. Resurrected sign on Moody Property - (Ortega) 2. Definition of Hedges - Scheduled for review by Planning Commission at 7/10/90 meeting - (Ortega) PC Minutes - 6/19/90 -22- (6301d) G. PLANNING COMMISSION ITEMS Commissioner Mountford: General Plan Update: Requested staff report on 7/10/90 with dates, times, and amounts of proposed General Plan Elements resulting from deferred action taken by City Council at 6/18/90 meeting. H. COMMUNITY DEVELOPMENT ITEMS Mike Adams reiterated action taken at the City Council meeting held 6/18/90. I. ADJOURNMENT A MOTION WAS MADE AT 8:50 P.M. BY ORTEGA, SECOND BY LEIPZIG, TO ADJOURN TO A 5:30 STUDY SESSION (AGENDA REVIEW, MONTHLY REPORT, SUB -COMMITTEE REPORT), TUESDAY, JULY 10, 1990, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE•FOLLOWING VOTE: AYES: Ortega, Williams, Mountford, Leipzig NOES: None ABSENT: Shomaker, Kirkland, Bourguignon ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: f, J, j Mike A ams, Secretary Planning Commission hairman PC Minutes - 6/19/90 -23- (6301d)