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HomeMy WebLinkAbout1990-07-10APPROVED 9/18/90 C� i MINUTES HUNTINGTON BEACH PLANNING COMMISSION JULY 10, 1990 Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P ROLL CALL: Shomaker, Mountford, Williams, P P Bourguignon, Leipzig - Civic Center California P P Ortega, Kirkland, 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. Sarah Dunavan, 209 Crest Avenue, spoke in reference to a fireplace being built into the neighboring house. She stated she was not against the fireplace, just the location at which it is being built. She said she had spoken with Mike Adams, Director of Community Development, who had assured her it would not interfere with her plans for building a fence between the properties. She requested a Matter of Record Statement from Mike Adams assuring her that this statement was in fact true. 1 B. PUBLIC HEARING ITEMS A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRLAND, TO CONTINUE ITEMS B-5, B-6 and B-10 DUE TO THE NUMBER OF ITEMS ON THE AGENDA, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Ortega, Kirkland, B-1 CONDITIONAL USE PERMIT 90-3/PLANNED SIGN PROGRAM NO. 90-1 (CONTINUED FROM JUNE 6, 1990 PLANNING COMMISSION MEETING) APPLICANT: ROGER MILLER HONDA LOCATION: 19323 Beach Boulevard (east side of Beach Boulevard approximately 0.2 miles south of Garfield Avenue) This item was continued from the Planning Commission meetings of April 3, 1990, May 1, 1990, and June 5, 1990, at the applicant's request. No new information has been received. Staff recommended that, should the Planning Commission choose not to act on the recommended or alternative actions suggested herein, that this item be tabled until such time as the applicant is ready to proceed in good faith. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15311, Class 11, of the California Environmental Quality Act. STAFF RECOMMENDATION: (1) Approve Conditional Use Permit No. 90-3 for an electronic readerboard sign as modified by staff, with findings and conditions of approval. Staff's alternative consists of a 21 foot high, 98.15 square foot sign. (2) Approve Planned Sign Program No. 90-1 incorporating the modified electronic readerboard sign and the modified wall sign request with findings and conditions of approval. PC Minutes - 7/10/90 -2- (6751d) A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUINON, TO TABLE CONDITIONAL USE PERMIT NO. 90-3 AND PLANNED SIGN PROGRAM NO. 90-1 TO AN UNDETERMINED DATE, BY THE FOLLWOING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Ortega, Kirkland, B-2 SPECIAL SIGN PERMIT NO. 90-4 (CONTINUED FROM JUNE 19, 1990 PLANNING COMMISSION MEETING) APPLICANT: YVES BRIEE LOCATION: 16811 Beach Boulevard (west side, approximately 350 feet north of Warner Avenue).To allow an existing 13 foot-9 inch high, 95 square foot freestanding sign to remain in lieu of a maximum 7 foot high, 30 square foot sign as allowed by the Huntington Beach Ordinance Code. Special Sign Permit No. 90-4 was denied by the Planning Commission on June 19, 1990. Staff suggested, as an alternative, that the Planning Commission approve a Limited Sign Permit which would allow the applicant to retain the existing, non -conforming sign for a period not to exceed two years. A motion to approve this alternative failed on June 19, by a vote of 3 to 1. Therefore, the item was automatically continued to July 10, 1990. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15311, Class 11, of the California Environmental Quality Act. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Limited Sign Permit No. 90-1, allowing the applicant to retain the existing sign face for a period not to exceed two years, with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Yves Briee, Applicant, 16871 Beach Boulevard, said he was there to answer any of the Commissioners questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 7/10/90 -3- (6751d) A discussion ensued among the Commissioners concerning the bond amount of $5,000. It was determined the amount should be 1 1/2 times the cost to remove as determined by the Director of Community Development. A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO APPROVE LIMITED SIGN PERMIT NO. 90-1 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE AYES: Shomaker, Mountford, Ortega, Kirkland, Bourguignon, Leipzig NOES: Williams ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - LIMITED SIGN PERMIT NO, 90-1: 1. Immediate compliance with Article 961 will result in a substantial economic hardship to the applicant. 2. The proposed 13 feet-9 inch high, 95 square foot sign will not adversely affect other lawfully erected signs in the area. 3. The proposed 13 feet-9 inch high, 95 square foot sign will not be detrimental to property located in the vicinity of such sign, and will be in keeping with the character of the surrounding area. 4. The proposed sign will not obstruct pedestrian or vehicular traffic visibility and will not be a hazardous distraction. CONDITIONS OF APPROVAL - LIMITED SIGN PERMIT 90-1: 1. The site plan received and dated April 10, 1990, shall be the conceptually approved layout subject to the following modifications as approved by Design Review Board: a. Mounding and landscaping shall be placed under the existing sign. 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 Article 922 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to installation of landscaping. PC Minutes - 7/10/90 -4- (6751d) 2. The existing wall sign on the building shall be removed within 30 days of this action. 3. Limited Sign Permit No. 90-1 shall be valid for two years (until July 10, 1992). 4. A bond in the amount of one and one half (1 1/2) times the cost to remove the sign, as determined by the Director of Community Development, shall be required to ensure removal of the sign at the expiration of the Limited Sign Permit. 5. The Planning Commission reserves the right to revoke this Limited Sign Permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-3 CONDITIONAL USE PERMIT N0, 89-62 WITH SPECIAL PERMITS/ TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE DECLARATION N0. 89-52 (CONTINUED FROM JUNE 5. 1990 PLANNING COMMISSION MEETING) APPLICANT: Surfcrest Partners LOCATION: Southwest of the intersection of Palm Avenue and Seapoint Avenue Conditional Use Permit No. 89-62 with Special Permits, Tentative Tract No. 14134, Coastal Development Permit No. 89-39 and Negative Declaration No. 89-52 were continued from the June 5, 1990 Planning Commission meeting by a vote of 5 to 0 in order for staff to review a list of suggested modifications to a number of conditions of approval for this project . Staff has discussed the suggested modifications with the applicant and the following is a discussion of each item. Discussion: 1. Staff agrees to delete Condition 2.k.(4) regarding the requirement for a silt and erosion plan because there is another condition which will require the same review. 2. Staff has modified Condition 2.m to read that any substantial revisions to the proposed elevations will require Design Review Board approval. 3. Staff has modified Condition 3.b.(3) to include native bluff plant materials in the paseo area where feasible. 4. Staff has not revised Condition 3.g regarding providing low and moderate income housing. Page 117 of the City's Coastal Element states: PC Minutes - 7/10/90 -5- (6751d) "The 115-acre site -of the recently proposed "Seacliff IV" development has been redesignated to correspond to the permit for that project as granted by the State Coastal Commission. The project encompasses most of the land bounded by Palm Avenue, the golf course and 38th. Street (Seapointe Avenue). A total of approximately 531 dwelling units are to be developed in two low density areas (of 94 acres combined) and a 20-acre medium density area at the intersection of Palm Avenue and 38th. Street." "The Coastal Commission required the inclusion of an additional 19-acre area to be developed with up to 450 high density townhouses bringing the total number of units to a maximum of 981. Twenty percent of the total units must be "affordable" by the State Department of Housing and Community Development definition. This site, which is south of Palm Avenue on both sides of 38th. Street, has been redesignated high density residential." The Coastal Element is a part of the City's General Plan and it is also a portion of the City's Local Coastal Plan. The Coastal Commission certified the language in the Coastal Element in 1984. Any deviations from the stated language requires an amendment to the City's General Plan and Coastal Element and a revision to the City's certified Local Coastal Plan. Unless the affordable housing is provided on site, or within three miles of the Coastal Zone, the project will not be consistent with the City's General Plan. 5. Staff has modified Condition 4.c and has deleted the requirement for a fire alarm system for the proposed townhomes. 6. The Fire Department has revised the language in Conditions 4.n, 4.o, and 4.p regarding a temporary fire station. 7. The Fire Department has revised the language in Condition 4.s regarding methane testing. B. Staff agrees with the applicant's request to modify Condition No. 7 regarding the installation of landscaping. 9. Staff agrees to delete Condition ll.a because permits from the South Coast Air Quality Management District are not necessary. 10. Staff agrees to delete Condition ll.g because the requirements for compliance prior to issuance of building permits is addressed in Conditions 2 and 3. 11. Staff has not revised any conditions regarding proposed fees. Staff has consistently required these conditions on projects and recommends that all future fee conditions remain. PC Minutes - 7/10/90 -6- (6751d) 12. Staff has not revised Condition 2 on Tentative Tract No. 14134 which requires the dedication of land for the proposed Bolsa Chica Linear Park. The applicant has requested that the condition be revised to allow the payment of "in -lieu" fees to satisfy the condition. Staff feels the dedication of land is extremely important in order to acquire land for the completion of the Linear Park. Also, the City has entered into an agreement with the County which states that the City will attempt to acquire land for the proposed Linear Park whenever possible to facilitate park completion. Section 9961.10 of the Huntington Beach Zoning Code Determination of land dedication or in lieu fee states: Whether the City accepts land dedication or elects to require payment of the fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: a) Open Space and Conservation Element of the City's General Plan• As depicted in Attachment 3, the project site is located within the designated boundaries of the Bolsa Chica Linear Park. Since the site is located within the designated park area, the requirement for land dedication is germane. b) Topography, geology, access and location of land in the subdivision available for dedication: Although the subdivider has not designed the proposed subdivision to provide land dedication for the Bolsa Chica Linear Park, Tentative Tract 14134 can be redesigned to provide the required land dedication. As an alternative, providing the applicant property owner concurs, staff would support the dedication of land in an area adjacent to the proposed Bolsa Chica Linear Park. c) Size and shape of the subdivision and land available for dedication• Again, the subdivider has not provided on -site dedication of land for the Bolsa Chica Linear Park, staff would support the dedication of land elsewhere adjacent to the Linear Park site. d) The feasibility of dedication: Even though the site has a Residential General Plan designation and a zoning designation which would permit a density of 17 units/acre, both the general plan and zoning designations are premised on providing affordable housing on -site. PC Minutes - 7/10/90 -7- (6751d) Since the subdivider has not proposed to provide affordable housing on this site and has asked that the affordable provision be deleted from this project, staff feels that the absense of affordable units warrants a reduction in units to the point where land dedication for the Bolsa Chical Linear Park is feasible. e) Compatibility of dedication with the City's Open Space and Conservation Element of the General Plan: Staff feels that the dedication of land would increase the amount of buffer area between any development on the bluff side of Seapoint Avenue and the proposed Bolsa Chica Linear Park. The land dedication would increase compatibility and would better implement the City's General Plan. f) Availibility of Previously acquired park property: The County of Orange is currently analyzing and processing an overall Bolsa Chica Linear Park Development Plan with an aggressive land acquisition program. The County staff have voiced an urgent need to acquire land for the Linear Park in the near term in order to accomplish the goal of creating an operational Regional Park. 13. Staff has not revised the condition which requires the off -site improvements for Seapoint Avenue to Pacific Coast Highway. Both the Departments of Public Works and the Fire Department have indicated that Seapoint Avenue must connect to Pacific Coast Highway. Also, Seapoint Avenue must connect with Garfield Avenue or Edwards Street in order to provide adequate emergency response access for the proposed project and for the Seacliff area in general. 14. Staff agrees to delete Condition 5 on Tentative Tract No. 14134 because Condition 3.k requires the same study for the construction of on -site and off -site sewer improvements. Staff has agreed to modify and delete some of the conditions in order to clarify and also to reduce duplication of conditions. Staff has not modified or deleted the conditions which relate to affordable housing; the dedication of land for the proposed Bolsa Chica Linear Park or the construction of Seapoint Avenue from Pacific Coast Highway to the project and to provide access from Garfield Avenue or Edwards Street. ENVIRONMENTAL STATUS: On November 16, 1989, the Environmental Review Committee determined that a Mitigated Negative Declaration would address all environmental concerns regarding this project. Four supplemental reports were required: 1) traffic; 2) archaeological; 3) soils and geology; 4) noise study. As the supplemental reports were submitted to staff, each concern was mitigated to a level of insignificance. The requirements of the report and attendant mitigation measures have been incorporated into conditions of approval. PC Minutes - 7/10/90 -8- (6751d) Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 89-52 for twenty-one (21) days. 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. 89-62 with Special Permits, Tentative Tract No. 14134 or Coastal Development Permit No. 89-39, it is necessary for the Planning Commission to review and act on Mitigated Negative Declaration No. 89-52. On May 29, 1990, the Environmental Resource Section of the Department of Community Development received a letter from the Environmental Board which addresses Negative Declaration No. 89-52. In their letter (see Attachment No. 8), a number of potential impacts are identified such as seismic, subsidence, native species, light and glare and off -site circulation. Based on their analysis, the Environmental Board has determined that the proposed project will have significant adverse effects on the surrounding environment and the Environmental Board recommends that an environmental impact report be required. In response to comments made in the letter from the Environmental Board, staff would like to provide the following comments: Although the Preliminary Geotechnical Report was done in 1980 it was reviewed and certified by the City Council to adequately address the potential for faulting on site. No new evidence has been established to conflict with the conclusions in the report. The Alquist Priolo Study establishes a "study zone" for potential faulting along the Newport Inglewood Fault. This zone does not fall on or immediately adjacent to this site. The actual Study Zone crosses the intersection of Garfield and Edwards at its closest point. Subsidence was evaluated in the Geotechnical report as well as recent studies by the City of Huntington Beach. In both studies it was determined that subsidence has been halted and/or reversed through water injections. In addition, this site historically has not been known to be subject to severe subsidence. The letter also states that the checklist does not take into account whether or not there have been any new species of plants or animals added to the endangered species list since the 1980 study or if any of these species are found on site. The Department of Fish and Game and the California Native Plant Society have been contacted but no information is available at this time. This information will be available at the Planning Commission meeting of June 5, 1990. This information is not anticipated to affect this site since the site was significantly disturbed over the last seven decades. The letter recommends that a "tree line may enhance the required buffer zone as a mitigation measure." Staff agrees that this should be included in the required landscape plan. In addition a lighting plan will be required to assure that the Linear Park and the surrounding homes will not be impacted. PC Minutes - 7/10/90 -9- (6751d) All required parking will be provided on site. Also, the Garfield Seapoint Connection is included as a condition of approval of the project. Final inspection of the units will not be approved until the streets have been constructed to the Department of Public Works specifications. Energy saving measures have been included as mitigation measures and conditions of approval. Staff's concerns regarding affordable housing are being addressed elsewhere in this report. In conclusion, staff feels that all potentially significant impacts have either been shown to be insignificant by previous studies, or can be mitigated to a level of insignificance by conditions of approval. Therefore, the mitigated negative declaration is appropriate. COASTAL STATUS: The proposed residential project is subject to approval of a coastal development permit because it is located within coastal zone boundaries and specifically within the appealable jurisdiction, and may be appealed to the California Coastal Commission. Prior to any action on Conditional Use Permit No. 89-62 with Special Permits and Tentative Tract No. 14134, it is necessary for the Planning Commission to review Coastal Development Permit No. 89-39. Coastal Development Permit No. 89-39 may be approved or conditionally approved only after it has been found to be in conformance with the Coastal Element of the General Plan. The Coastal Element of the General Plan identifies the site as the location for up to 450 high density townhomes of which 20 percent of the total must be affordable. This language is a result of the Coastal Commission approval of the Seacliff IV residential project. Although the Coastal Commission provisions no longer require affordable housing in projects within the Coastal Zone, Government Code Section 65590 requires affordable housing within the Coastal Zone. Since the State Government Code requires affordable housing for low and moderate income households within the Coastal Zone, and the City's Coastal Element within the General Plan specifically requires affordable housing as a requirement of development of this site, staff has included a suggested condition of approval to require 20 percent of the units (23) be designated affordable either on -site or within 3 miles of the Coastal Zone. SUBDIVISION COMMITTEE: On March 22, 1990, the Subdivision Committee reviewed Tentative Tract No. 14134. After staff discussion regarding the general character of the project and lengthy discussion of suggested conditions of approval (see Attachment 4), the Subdivision Committee recommended approval to the Planning Commission by a unanimous vote. PC Minutes - 7/10/90 -10- (6751d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Approve Mitigated Negative Declaration No. 89-52; B. Approve Coastal Development Permit No. 89-39 with findings; and C. Approve Conditional Use Permit No. 89-62 with Special Permits and Tentative Tract No. 14134 with findings and conditions of approval. It was suggested by the Commissioners that Negative Declaration No. 89-52 be discussed and voted on first. THE PUBLIC HEARING WAS OPENED. Roy Richardson, 16982 Bedford Lane, spoke against approval of Negative Declaration No. 89-52. Mr. Richardson felt a full environmental impact report was necessary not a negative declaration. He also had concerns over lack of affordable and low income housing within the project. Paul Brown, 19231 Seabrook Lane, spoke in opposition. He felt the noise and traffic would have a negative impact on Seapointe residents. He also objected to the density of the development. Tom Zanic, Applicant, 520 Broadway, Ste 100, Santa Monica, stated no subsidence had occured in 7-10 years. He also said testing has occured over the past ten (10) years. Kelly Gifford, 19301 Archfield, spoke in oppositon with concerns over traffic and noise impacts. He also stated that some patios at Seacliffe had dropped 1 to 1 1/2 feet in the last 6 months and felt more soil tests should be done. Bob Fisher, Director of Harbors, Beaches & Parks, County of Orange, stated the Environmental Checklist and impacts were not sufficiently recognized. Mr. Fisher stated that 4 1/2 story buildings five feet from park will create many problems. Debbie Cook, 6692 Shetland Circle, spoke in opposition of the negative declaration. She felt a supplemental environmental impact report should be done. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners and staff discussed the problems of subsidence, they felt that more testing was necessary. They also felt there were significant concerns about approving a negative declaration with nine (9) year old information. PC Minutes - 7/10/90 -11- i (6751d) The Commissioners also discussed the County of Orange monitoring the subsidence problem. Dave Walden, Civil Engineer, said he uses County of Orange Data and Benchmarks, same as the County does. Since subsidence became an issue he has checked different areas, with the worst case of subsidence being 5/100 less 1/2 inch. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO CONTINUE NEGATIVE DECLARATION NO. 89-52, BY THE FOLLOWING VOTE: AYES: Ortega, Leipzig NOES: Shomaker, Mountford, ABSENT: None ABSTAIN: None MOTION FAILED Williams, Kirkland, Bourguignon A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO APPROVE NEGATIVE DECLARATION NO. 89-52, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, NOES: Ortega, Leipzig ABSENT: None ABSTAIN: None Williams, Kirkland, Bourguignon MOTION PASSED A MOTION WAS MADE BY MOUNTFORD, SECOND BY KIRKLAND, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 89-39 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Kirkland, Bourguignon, Leipzig NOES: Ortega ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 89-39: 1. The proposed 115 townhome development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 89-39 is consistent with the Coastal Zone suffix, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 115 townhome development 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. PC Minutes - 7/10/90 -12- (6751d) 4. The proposed 115 townhome development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. A MOTION WAS MADE BY MOUNTFORD, SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE PERMIT NO. 89-62 WITH SPECIAL PERMITS AND TENTATIVE TRACT NO. 14134 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Kirkland, Bourguignon, Leipzig NOES: Ortega ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-62: 1. The location, site layout, and design of the proposed 115 townhome development properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed 115 townhome development is compatible with surrounding properties in terms of density, architecture and orientation. 3. The access to and parking for the proposed 115 townhome development does not create an undue traffic problem. 4. The planned residential development for 115 townhomes conforms to the provisions contained in Article 915 except for the Special Permit requests. 5. Conditional Use Permit No. 89-62 for 115 townhomes is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the Planned Residential Development requirements which are compatible with the surrounding area: a. Relief from one-third of units less than three-story. b. Reduction of access width. c. Relief from 4 foot building offset. d. Relief from 20 foot setback from drive aisle. PC Minutes - 7/10/90 -13- (6751d) e. Reduction of rear to rear setback from 30 to 28 feet. f. Permit security fence in front setback area. 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 standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14134: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for 115 townhomes 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 High Density Residential and R3(17)-O-CZ (17 units per gross acre) zoning were implemented. 3. The site is relatively flat and physically suitable for the proposed density of 11.6 units per gross acre. 4. Tentative Tract No. 14134 for 115 townhomes is consistent with the goals and policies of the Huntington Beach Coast Element of the General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 89-62: 1. The site plan, floor plans and elevations received and dated April 24, 1990, shall be the conceptually approved layout with the following modifications: a. Provide standard 9 foot x 9 foot size for all open parking spaces. b. Provide automatic roll -up doors on all garages. c. Security fence along Palm Avenue and Seapoint Avenue shall be architecturally compatible and similar to existing security fence which surrounds the Seacliff project. PC Minutes - 7/10/90 -14- (6751d) 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. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. All windows in the 2nd and 3rd floor rooms exposed to the oil wells will be required to have an Exterior Wall Noise Rating (EWNR) of 25 which is equal to a similar noise rating scale, the Sound Transmission Class (STC) of 27, to sufficiently attenuate against noise levels from oil well operations. Any window that meets the EWNER 25 or the STC 27 may be used. f. Elevations shall depict colors and building materials proposed. PC Minutes - 7/10/90 -15- (6751d) g. 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. h. 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. i. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical, methane and fill properties, foundations, retaining walls, streets, and utilities. In addition, foundations and utility installations should be designed to withstand possible minor differential settlement, caused by subsidence, without damage. Approporate design parameters should be recommended by a qualified soils engineer and incorporated into the design and construction of the project. j. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. k. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. Drainage from the site shall connect with the City's storm drain system. No storm water drainage shall drain to the linear park site. The following measures shall be implemented: (1) The drainage system shall be designed and constructed to prevent increased runoff from entering wetlands. (2) Catch basins shall be designed to remove all large floating material through the use of drainage screens. Catch Basins will also be designed with a shelf to prevent sediment from entering storm drains. PC Minutes - 7/10/90 -16- (6751d) (3) Sedimentation/infiltration basins and improvement of the existing drainage channel will prevent further siltation of Bolsa Chica wetlands. 1. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. m. The Project design be compatible with the architectural styles used in the adjoining Seacliff IV development and any major revision to the elevations shall be subject to Design Review Board approval. 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. (1) 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. (2) The landscape plans shall be in conformance with Article 960 and 915 - Planned Residential Standards 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. (3) A landscaping plan shall be submitted to the Department of Public Works and Community Development for approval. Native bluff plant materials shall be utilized in the landscaping of the site where feasible. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. PC Minutes - 7/10/90 -17- (6751d) e. All applicable Public Works fees shall be paid. f. Final Tract 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. An Affordable Housing Agreement to provide on -site affordable housing shall be submitted for review and approval by the Community Development Department and City Attorney and recorded with County Recorder's Office. The Agreement shall provide for minimum 20 percent of the housing units (23 units) on -site, or the equivalent number off -site within the City, for persons of low and moderate income households pursuant to Section 65590 of the Government Code. The Agreement shall be for assured affordability for the life of the project. h. Perimeter fencing plans for review and approval which depict decorative materials. i. The applicant shall work with the Department of Public Works to provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. 4. Fire Department Requirements are as follows: a. Automatic sprinkler systems shall be installed throughout the project to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: (1) Water flow, valve tamper and trouble detection (2) 24 hour supervision (3) Smoke Detectors (4) Annunciation (5) Audible Alarms c. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. Fire hydrants shall 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. Number and placement to be determined by the Fire Department. PC Minutes - 7/10/90 -18- (6751d) e. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. f. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. g. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: (1) The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. (2) Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. h. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department Standards. i. Dimensions for Fire Access. Includes 24' or 27' fire lanes, turnarounds and 17' by 45' radius turns. Attached is Huntington Beach Fire Department Standard No. 401. j. Street Names. Names of streets must be approved by the Huntington beach Fire Department prior to use. Attached is Fire Department Standard 409. k. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #425. 1. Provide a temporary fire station at the south end of Springdale or other location in the area as approved by the Fire Chief, prior to commencing combustible construction. M. Provide temporary paved roads for Fire Department access from temporary fire station to construction site. n. Participate in a funding mechanism for permanent fire station to be located on the cross gap connector. Temporary fire station costs as approved by the Fire Chief to be credited to the developer toward the costs of the permanent fire station. o. Should any abandoned oil wells or tanks be encountered, the Fire Department shall be notified and current standards met as required by Article 15 of the Huntington Beach Ordinance Code. Any abandonment of existing wells must be to current standards as well. PC Minutes - 7/10/90 -19- (6751d) s 1 p. All oil facilities within the boundaries of the development which are to be removed and abandoned, reabandoned or to remain must meet all existing requirements of the City of Huntington Beach and the State Division of Oil and Gas. Further protective measures may be required, depending upon the conditions and quality of the abandonments and reabandonments. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems for the common areas adjacent to a building shall be completed prior to occupancy of the building. 8. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 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. e. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate Of Occupancy for any use within the building. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 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. PC Minutes - 7/10/90 -20- (6751d) 12. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 13. 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. 14. A qualified archaeologist shall examine the surface of the site after it has been cleared of vegetation prior to site grading. 15. If no cultural material are observed, no further mitigation of cultural resources shall be required. A written report shall be submitted to the City by the archaeologist. 16. If some indication of the presence of cultural materials is observed, all activity shall cease and the archaeologist shall determine the appropriate course of action. 17. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 18. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14134: 1. The tentative tract map received and dated April 24, 1990, shall be the approved layout. 2. The applicant/property owner shall be responsible for dedicating land on -site for the proposed Linear Park at the time the final map is accepted by City Council or issuance of building permits, whichever occurs first. 3. Public Works requirements are as follows: a. Prior to approval of the tentative maps, the security gate configurations shall be approved by the Public Works Department. Stacking, gates, booths, telephone location, etc. shall all be shown in detail. b. Developer shall participate in the proposed traffic impact fee program. PC Minutes - 7/10/90 -21- (6751d) c. Developer shall construct full street improvements for Seapoint Avenue within the tract boundary, including the installation of signal conduits at the intersection of Palm and Seapoint. The improvement plans shall reflect only one median opening on Seapoint (the westernmost) for project access. d. Developer shall be responsible for the following off -site traffic and street improvements: (1) Construction of Seapoint Avenue between the tract boundary and Pacific Coast Highway. (2) Installation of traffic signal system at Seapoint and Pacific Coast Highway. (3) Installation of traffic signal system at Seapoint and Palm Avenue. (4) Public access from existing Seapoint Avenue to Garfield Avenue or Edwards Street. e. Developer shall prepare and submit improvement plans for the above (No. 3d) off -site street and traffic improvements for approval by the Public Works Department. City shall be responsible for acquisition of any required right-of-way not owned by the Huntington Beach Company and shall reimburse developer for non -project share of off -site improvement costs per the proposed traffic impact fee ordinance. Developer shall obtain street easement for off -site construction from Huntington Beach Company. f. Prior to issuance of building permits, all necessary governmental permits, other agency approvals and right of way dedication shall be obtained. Construction of above (No. 3d) shall commence within 30 days of receiving City approved improved improvement plans and shall be completed prior to final inspection of the first dwelling unit. g. Hydrology/hydraulic studies shall be submitted. h. Grading plans and soils report shall be submitted. i. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. j. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. PC Minutes - 7/10/90 -22- (6751d) k. A sewer study shall be submitted for Public Works Department approval. The developer shall design and construct the on -site and off -site sewer system required to serve the development. 1. Parkway landscaping within the public right-of-way of Palm and Seapoint shall be installed by the developer and maintained by the developer and/or a homeowners association(s) in accordance with a parkway license and maintenance agreement(s) for each tract. m. The median in Seapoint Street shall be constructed and landscaped by the developer. Developer shall maintain median landscaping until the street improvements are approved for final inspection. n. All walls shall be located on private property. o. Tract entrance medians shall not protrude into public right-of-way. p. A sewer main shall be stubbed out at Palm and Seapoint to serve the Bolsa Chica Linear Park. q. Developer shall incorporate into landscape plans the use of "drought tolerant" plants and turf and native bluff plants where feasible. Plan must be approved by Department of Public Works. r. Developer shall submit for approval by the Department of Public Works water improvements plans showing connections to all dwellings. s. Developer shall submit for approval the hydraulic calculations to verify water system adequacy. t. Developer shall design plans and construct a reclaimed water system (Green Acres Project) for all common areas per City requirements. u. Developer will be responsible for payment of any applicable fees adopted in the "upcoming" Water Division Financial Master Plan. V. Low -volume fixture heads shall be used in the design of the potable system for each dwelling. W. All fire hydrants, water mains, services, etc. must be installed pursuant to Fire Department and Public Works standards, ordinances, and policies. The water system shall be dedicated to the City of Huntington Beach. PC Minutes - 7/10/90 -23- (6751d) x. Water systems shall be located in vehicular travelways and looped where possible. Developer must provide and dedicate to the City acceptable easements where necessary. 4. All utilities shall be constructed underground in compliance with all public works standards. 5. 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-4 CONDITIONAL USE PERMIT NO. 89-64 WITH SPECIAL PERMITS/ TENTATIVE TRACT NO, 14135/CONDITIONAL EXCEPTION (VARIANCE) NO. 89-55/COASTAL DEVELOPMENT PERMIT NO. 89-40/NEGATIVE DECLARATION NO. 89-52 (CONTINUED FROM JUNE 5, 1990 PLANNING COMMISSION MEETING) APPLICANT: Surfcrest Partners LOCATION: Northwest of the intersection of Palm Avenue and Seapoint Avenue. Conditional Use Permit No. 89-64 with Special Permits, Tentative Tract No. 14135, Conditional Exception (Variance) No. 89-55, Coastal Development Permit No. 89-40 and Negative Declaration No. 89-52 were continued from the June 5, 1990 Planning Commission meeting by a vote of 6 to 0. This item was continued in order to permit staff to review a list of requested modifications to suggested conditions of approval included as an alternative action in the June 5, 1990 staff report. Staff originally (and still does) recommend denial of this item due to a number of significant factors. These factors include excessive height and bulk of the structures adjacent to the Linear Park, minimal building setbacks from the Linear Park, placement of structures within view corridors visible from Palm Avenue, lack of affordable units and lack of agreement for land dedication to the Linear Park. Meetings with the applicant since the June 5, 1990, public hearing have failed to resolve these concerns. Although staff is still recommdending denial of the project, staff has reviewed the applicant's requested modifications to the suggested alternative conditions of approval and the following is a discussion: Discussion: 1. Staff agrees to delete Condition 2.k.(4) regarding the requirement for a silt and erosion plan because there is another condition which will require the same review. PC Minutes - 7/10/90 -24- (6751d) 2. Staff has modified Condition 2.m to read that any substantial revisions to the proposed elevations will require Design Review Board approval. 3. Staff has modified Condition 3.b.(3) to include native bluff plant materials in the paseo area where feasible. 4. Staff has not revised Condition 3.g regarding providing low and moderate income housing. Page 117 of the City's Coastal Element states: "The 115-acre site of the recently proposed "Seacliff IV" development has been redesignated to correspond to the permit for that project as granted by the State Coastal Commission. The project encompasses most of the land bounded by Palm Avenue, the golf course and 38th. Street (Seapointe Avenue). A total of approximately 531 dwelling units are to be developed in two low density areas (of 94 acres combined) and a 20-acre medium density area at the intersection of Palm Avenue and 38th. Street." "The Coastal Commission required the inclusion of an additional 19-acre area to be developed with up to 450 high density townhouses bringing the total number of units to a maximum of 981. Twenty percent of the total units must be "affordable" by the State Department of Housing and Community Development definition. This site, which is south of Palm Avenue on both sides of 38th. Street, has been redesignated high density residential." The Coastal Element is a part of the City's General Plan and it is also a portion of the City's Local Coastal Plan. The Coastal Commission certified the language in the Coastal Element in 1984. Any deviations from the stated language requires an amendment to the City's General Plan and Coastal Element and a revision to the City's certified Local Coastal Plan. Unless the affordable housing is provided on site, or within three miles of the Coastal Zone, the project will not be consistent with the City's General Plan. 5. Staff has modified Condition 4.c and has deleted the requirement for a fire alarm system for the proposed townhomes. 6. The Fire Department has revised the language in Conditions 4.n, 4.o, and 4.p regarding a temporary fire station. 7. The Fire Department has revised the language in Condition 4.s regarding methane testing. 8. Staff agrees with the applicant's request to modify Condition No. 7 regarding the installation of landscaping. 9. Staff agrees to delete Condition ll.a because permits from the South Coast Air Quality Management District are not necessary. PC Minutes - 7/10/90 -25- (6751d) 1 10. Staff agrees to delete Condition ll.g because the requirements for compliance prior to issuance of building permits is addressed in Conditions 2 and 3. 11. Staff has not revised any conditions regarding proposed fees. Staff has consistently required these conditions on projects and recommends that all future fee conditions remain. 12. Staff has not revised Condition 2 on Tentative Tract No. 14135 which requires the dedication of land for the proposed Bolsa Chica Linear Park. The applicant has requested that the condition be revised to allow the payment of "in -lieu" fees to satisfy the condition. Staff feels the dedication of land is extremely important in order to acquire land for the completion of the Linear Park. Also, the City has entered into an agreement with the County which states that the City will attempt to acquire land for the proposed Linear Park whenever possible to facilitate park completion. Section 9961.10 of the Huntington Beach Zoning Code Determination of land dedication or in lieu fee states: Whether the City accepts land dedication or elects to require payment of the fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: a) Open Space and Conservation Element of the City's General Plan: As depicted in Attachment 3, the project site is located within the designated boundaries of the Bolsa Chica Linear Park. Since the site is located within the designated park area, the requirement for land dedication is germane. b) Topography, geology, access and location of land in the subdivision available for dedication: Although the subdivider has not designed the proposed subdivision to provide land dedication for the Bolsa Chica Linear Park, Tentative Tract 14135 can be redesigned to provide the required land dedication. As an alternative, staff would support the dedication of land in an area adjacent to the proposed Bolsa Chica Linear Park. c) Size and shape of the subdivision and land available for dedication: Again, the subdivider has not provided on -site dedication of land for the Bolsa Chica Linear Park, staff would support the dedication of land elsewhere adjacent to the Linear Park site. PC Minutes - 7/10/90 -26- (6751d) d) The feasibility of dedication: Even though the site has a Residential General Plan designation and a zoning designation which would permit a density of 29 units/acre, both the general plan and zoning designations are premised on providing affordable housing on -site. Since the subdivider has not proposed to provide affordable housing on this site and has asked that the affordable provision be deleted from this project, staff feels that the absense of affordable units warrants a reduction in units to the point where land dedication for the Bolsa Chical Linear Park is feasible. e) Compatibility of dedication with the City's Open Space and Conservation Element of the General Plan: Staff feels that the dedication of land would increase the amount of buffer area between any development on the bluff side of Seapoint Avenue and the proposed Bolsa Chica Linear Park. The land dedication would increase compatibility and would better implement the City's General Plan. f) Availibility of previously acquired park property: The County of Orange is currently analyzing and processing an overall Bolsa Chica Linear Park Development Plan with an aggressive land acquisition program. The County staff have voiced an urgent need to acquire land for the Linear Park in the near term in order to accomplish the goal of creating an operational Regional Park. 13. Staff has not revised the condition which requires the off -site improvements for Seapoint Avenue to Pacific Coast Highway. Both the Departments of Public Works and the Fire Department have indicated that Seapoint Avenue must connect to Pacific Coast Highway. Also, Seapoint Avenue must connect with Garfield Avenue or Edwards Street in order to provide adequate emergency response access for the proposed project and for the Seacliff area in general. 14. Staff agrees to delete Condition 5 on Tentative Tract No. 14134 because Condition 3.k requires the same study for the construction of on -site and off -site sewer improvements. Although staff has reviewed the requested modifications to suggested conditions of approval and a slight revision to the massing and building orientation, staff still recommends denial of the 216 stacked condominium project based on findings of incompatibility, inconsistency with the goals and objectives of the Coastal Act, and lack of a unique, land -related hardship associated with the site to justify the height variance. PC Minutes - 7/10/90 -27- (6751d) ENVIRONMENTAL STATUS: On November 16, 1989, the Environmental Review Committee determined that a Mitigated Negative Declaration would address all environmental concerns regarding this project. Four supplemental reports were required: 1) traffic; 2) archaeological; 3) soils and geology; 4) noise study. As the supplemental reports were submitted to staff, each concern was mitigated to a level of insignificance. The requirements of the report and attendant mitigation measures have been incorporated into conditions of approval. Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised Draft Negative Declaration No. 89-52 for twenty-one (21) days. 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. 89-64 with Special Permits, Tentative Tract No. 14135, Conditional Exception (variance) No. 89-55 or Coastal Development Permit No. 89-40, it is necessary for the Planning Commission to review and act on Negative Declaration No. 89-52. On May 29, 1990, the Environmental Resource Section of the Department of Community Development received a letter from the Environmental Board which addresses Negative Declaration No. 89-52. In their letter , a number of potential impacts are identified such as seismic, subsidence, native species, light and glare and off -site circulation. Based on their analysis, the Environmental Board has determined that the proposed project will have significant adverse effects on the surrounding environment and the Environmental Board recommends that an environmental impact report be required. In response to comments made in the letter from the Environmental Board, staff would like to provide the following comments: Although the Preliminary Geotechnical Report was done in 1980 it was reviewed and certified by the City Council adequately address the potential for faulting on site. No new evidence has been established to conflict with the conclusions in the report. The Alquist Priolo Study establishes a "study zone" for potential faulting along the Newport Inglewood Fault. This zone does not fall on or immediately adjacent to this site. The actual Study Zone crosses the intersection of Garfield and Edwards at its closest point. Subsidence was evaluated in the Geotechnical report as well as recent studies by the City of Huntington Beach. In both studies it was determined that subsidence has been halted and/or reversed through water injections. In addition, this site historically has not been known to be subject to severe subsidence. PC Minutes - 7/10/90 -28- (6751d) The letter also states that the checklist does not take into account whether or not there have been any new species of plants or animals added to the endangered species list since the 1980 study or if any of these species are found on site. The Department of Fish and Game and the California Native Plant Society have been contacted but no information is available at this time. This information will be available at the Planning Commission meeting of June 5, 1990. This information is not anticipated to affect this site since the site was significantly disturbed over the last seven decades. The letter recommends that a "tree line may enhance the required buffer zone as a mitigation measure." Staff agrees that this should be included in the required landscape plan. In addition a lighting plan will be required to assure that the Linear Park and the surrounding homes will not be impacted. All required parking will be provided on site. Also, the Garfield Seapoint Connection is included as a condition of approval of the project. Final inspection of the units will not be approved until the streets have been constructed to the Department of Public Works specifications. Energy saving measures have been included as mitigation measures and conditions of approval. Staff's concerns regarding affordable housing are being addressed elsewhere in this report. In conclusion, staff feels that all potentially significant impacts have either been shown to be insignificant by previous studies, or can be mitigated to a level of insignificance by conditions of approval. Therefore, the mitigated negative declaration is appropriate. COASTAL STATUS: The proposed residential project is subject to approval of a coastal development permit because it is located within coastal zone boundaries and specifically within the appealable jurisdiction and may be appealed to the California Coastal Commission. Prior to any action on Conditional Use Permit No. 89-64 with Special Permits, Tentative Tract No. 14135, and Conditional Exception (variance) No. 89-55 it is necessary for the Planning Commission to review Coastal Development Permit No. 89-40. Coastal Development Permit No. 89-39 may be approved or conditionally approved only after it has been found to be in conformance with the Coastal Element of the General Plan. PC Minutes - 7/10/90 -29- (6751d) The Coastal Element of the General Plan identifies the site as the location for up to 450 high density townhomes of which 20 percent of the total must be affordable. This language is a result of the Coastal Commission approval of the Seacliff IV residential project. Although the Coastal Commission provisions no longer require affordable housing in projects within the Coastal Zone, Government Code Section 65590 requires affordable housing within the Costal Zone. Since the State Government Code requires affordable housing for low and moderate income households within the Coastal Zone, and the City's Coastal Element within the General Plan specifically requires affordable housing as a requirement of development of this project, staff has included a condition of approval to require 20 percent of the units (43) be designated affordable on -site as required in staff's Alternative Recommendation No. 1. The Coastal Act and the Coastal Element of the City's General Plan recognize that scenic and visual qualities are an important public resource in the Coastal Zone. Open spaces, view corridors, building orientation, heights and panoramic views are important considerations when evaluating new development in the Coastal Zone. Both the Coastal Act and the Coastal Element define visual access as an unobstructed view. The cumulative body of decisions of the Coastal Commission has set precedent that new development shall provide visual access to coastal resources from public places. The policies and provisions of the Coastal Act safeguard these valuable resources by requiring new developments in the Coastal Zone to be designed and sited in ways that protect views to and along scenic areas and preserving and enhancing visual aesthetics in the Coastal Zone. The proposed project is located near the northern edge of the Huntington Beach Mesa. The mesa and associated bluffs are the site of the proposed Bolsa Chica Linear Park which will provide a vital open space and recreation opportunity. Protection of the bluff has been addressed by requiring a 100 meter buffer from the bottom of the bluffs (zero contour line or sea level) and a 100 foot setback between the upper edge of the buffer and the proposed project. Although the natural features have been protected with the buffer and the proposed Bolsa Chica Linear Park Plan, visual resources need to be addressed. Early on in the evaluation process for Tentative Tract No. 14135, staff encouraged the applicant to shift structures away from the intersection of Palm Avenue and Seapoint Avenue. The applicant has lowered the height of the structure located closest to the intersection to three stories but the intrusion into a horizon view from Palm Avenue towards the proposed Bolsa Chica Linear Park still remains. Staff feels that a larger setback area should be provided on -site near the intersection of Palm Avenue and Seapoint Avenue in order to conform to the policy and provisions contained in the Coastal Act and the Coastal Element of the City's General Plan. PC Minutes - 7/10/90 -30- (6751d) SUBDIVISION COMMITTEE: On March 22, '1990, the Subdivision Committee reviewed Tentative Tract No. 14134. After staff discussion regarding the general character of the project and lengthy discussion of suggested conditions of approval (see Attachment 4), the Subdivision Committee recommended approval to the Planning Commission by a 5 to 0 vote with one abstention. STAFF RECOMMENDATION: Deny Coastal Development Permit No. 89-40, Conditional Use Permit No. 89-64 with Special Permits, Tentative Tract No. 14135, and Conditional Exception (Variance) No. 89-55 with findings. THE PUBLIC HEARING WAS OPENED Mark Porter, 19561 Topeka, questioned the feasibility of the affordable housing issue. Tom Zanic, 520 Broadway, Santa Monica, gave an architectural run through of the design aspects of the project. Ernie Vasques, Architect, explained that there would be landscaping capabilities with a 5 foot setback. He also stated that the height of the project was not an issue, because you would not be able to see the ocean if the buildings were not there. Ralph Bauer, 16511 Cotuit Circle, spoke in opposition to with concerns of Linear Park seeming to shrink in size. He asked the Commissioners to consider the park element as important. Bob Fisher, Director of Harbors, Beaches & Parks, objects to the project as it relates to the Linear Park. He feels it is necessary to have a 25 foot buffer or there will be conflict and complaints from the project residents. Mr. Fisher would like to see a lower profile project, and an interface plan between park representives and developers of said project to design out some of the conflicts. Al De Lorm, 19263 Archfield Circle, spoke in opposition to the project. He feels five (5) story buildings will adversely affect the citizens. Mr. De Lorm was also concerned that this may set a precedent for other developers. Debbie Cook, 6692 Shetland Circle, spoke in oppotition to the project, urging the Commission to deny the conditional exception (variance). Shirley Deltoff, 6812 Laurelhurst Drive, urged the Commission to deny this project. She feels it is inappropriate for the area due to the density. PC Minutes - 7/10/90 -31- (6751d) 1 Lorraine Faber, 15271 Nottingham Lane, spoke in opposition to the project. Her concerns were the height and bulk of the buildings. Ms. Faber was also concerned about the setbacks in relationship to the park. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Sarah Lazarus, explained her interpretation of CEQA, in response to a previous speaker. A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO DENY CONDITIONAL EXCEPTION (VARIANCE) NO. 89-55 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Mountford, Ortega, Kirkland, Leipzig NOES: Shomaker, Williams, Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 89-55: 1. The size, configuration, shape and lack of unique topographic features of the subject property, are not exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or type of uses in the same district. 2. Since the subject property can be fully developed within the established height limitation of 38 feet, Conditional Exception (Variance) No. 89-58 is not necessary for the preservation and enjoyment of substantial property rights. 3. Granting of Conditional Exception (Variance) No. 89-55 for 52.5 feet in lieu of 38 feet maximum height would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The subject property was legally subdivided and developed in a manner consistent with applicable zoning laws. Adjacent properties are developed to heights of 35 feet and less. 4. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. PC Minutes - 7/10/90 -32- (6751d) A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO APPROVE CONDITIONAL USE PERMIT NO. 89-64 WITH SPECIAL PERMITS, COASTAL DEVELOPMENT PERMIT NO. 89-52 AND TENTATIVE TRACT NO. 14135 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Mountford, Ortega, Kirkland, Leipzig NOES: Shomaker, Williams, Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 89-40: 1. The proposed 216 five -story stacked condominium development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 89-40 is consistent with the Coastal Zone suffix, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 216 five -story stacked condominium development 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. 4. The proposed 216 five -story stacked condominium development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-64: 1. The location, site layout, and design of the proposed 216 stacked condominium development, if modified pursuant to conditions of approval, properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed 216 stacked condominium development, if modified pursuant to conditions of approval, is compatible with surrounding properties in terms of architecture and orientation. 3. The access to and parking for the proposed 216 stacked condominium development will not create an undue traffic problem. 4. The planned residential development for 216 stacked condominiums, if modified pursuant to conditions of approval, conforms to the provisions contained in Article 915. PC Minutes - 7/10/90 -33- (6751d) 5. Conditional Use Permit No. 89-64 for 216 stacked condominiums, if modified pursuant to conditions of approval, is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the Planned Residential Development requirements which are compatible with the surrounding area: a. Reduction of access width. b. Permit security fence in front setback area. 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 standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS FOR APPROVAL - TENTATIVE TRACT 14135: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for 216 five -story stacked condominiums, if modified according to conditions, 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 High Density Residential and R4-29-0-CZ (29 units per gross acre) zoning were implemented. 3. The site is relatively flat and physically suitable for the proposed density of 22 units per gross acre. 4. Tentative Tract No. 14135 for 216 five -story stacked condominiums, if modified according to conditions, is consistent with the goals and policies of the Huntington Beach General Plan. PC Minutes - 7/10/90 -34- (6751d) 1 CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 89-64: 1. The site plan, floor plans and elevations received and dated June 22, 1990, shall be the conceptually approved layout with the following modifications: a. Design a project to meet the Planned Residential Development Standards except for reduced access width and encroachment of security fence in front setback area. b. Provide on -site affordable units. c. Provide visual access at intersection of Palm and Seapoint Avenues. d. Provide on -site land dedication for Bolsa Chica Linear Park. e. Interface with the County of Orange Harbours, Beaches & Parks Division regarding a landscape plan and setbacks from the Linear Park. f. Provide standard 9 foot x 9 foot size for all open parking spaces. g. Security fence along Palm Avenue and Seapoint Avenue shall be architecturally compatible and similar to existing security fence which surrounds the Seacliff project. h. Resubmit the revised project to the Design Review Board and Planning Commission for review and approval. 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. PC Minutes - 7/10/90 -35- (6751d) 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. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. All windows in the 2nd and 3rd floor rooms exposed to the oil wells will be required to have an Exterior Wall Noise Rating (EWNR) of 25 which is equal to a similar noise rating scale, the Sound Transmission Class (STC) of 27, to sufficiently attenuate against noise levels from oil well operations. Any window that meets the EWNER 25 or the STC 27 may be used. f. Elevations shall depict colors and building materials proposed. g. 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. h. 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. PC Minutes - 7/10/90 -36- (6751d) 7 L i. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical, methane and fill properties, foundations, retaining walls, streets, and utilities. In addition, foundations and utility installations should be designed to withstand possible minor differential settlement, caused by subsidence, without damage. Approporate design parameters should be recommended by a qualified soils engineer and incorporated into the design and construction of the project. j. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. k. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. Drainage from the site shall connect with the City's storm drain system. No storm water drainage shall drain to the linear park site. The following measures shall be implemented: (1) The drainage system shall be designed and constructed to prevent increased runoff from entering wetlands. (2) Catch basins shall be designed to remove all large floating material through the use of drainage screens. Catch Basins will also be designed with a shelf to prevent sediment from entering storm drains. (3) Sedimentation/infiltration existing drainage channel of Bolsa Chica wetlands. basins and improvement of the will prevent further siltation PC Minutes - 7/10/90 -37- (6751d) 1. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. m. The Project design be compatible with the architectural styles used in the adjoining Seacliff IV development and subject to Design Review Board approval. 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. (1) 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. (2) The landscape plans shall be in conformance with Article 960 and 915 - Planned Residential Standards 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. (3) A landscaping plan shall be submitted to the Department of Public Works and Community Development for approval. Native bluff plant materials shall be utilized in the landscaping of the site, where feasible. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. PC Minutes - 7/10/90 -38- (6751d) e. All applicable Public Works fees shall be paid. f. Final Tract 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. An Affordable Housing Agreement to provide on -site affordable housing shall be submitted for review and approval by the Community Development Department and City Attorney and recorded with the County Recorder's Office. The Agreement shall provide for minimum 20 percent of the housing units (43 units) on -site, for persons of low and moderate income households pursuant to Section 65590 of the Government Code. The Agreement shall be for assured affordability for the life of the project. h. Perimeter fencing plans for review and approval which depict decorative materials. i. The applicant shall work with the Department of Public Works to provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. 4. Fire Department Requirements are as follows: a. Automatic sprinkler systems shall be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. b. A Class III wet standpipe system (combination) shall be installed 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. c. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: (1) Manual Pulls (2) Water flow, valve tamper (3) 24 hour supervision (4) Smoke Detectors (5) Annunciation (6) Graphic Display (7) Audible Alarms and trouble detection d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. PC Minutes - 7/10/90 -39- (6751d) e. Fire hydrants shall 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. Number and placement to be determined by the Fire Department. f. Elevators will be sized to accommodate an ambulance gurney. Minimum 6' 8" wide by 4'3" deep with minimum of 42" opening. g. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. h. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. i. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: (1) The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. (2) Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. j. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department Standards. k. Dimensions for Fire Access includes 24' or 27' fire lanes, turnarounds and 17' by 45' radius turns. 1. Street Names. Names of streets must be approved by the Huntington beach Fire Department prior to use. Attached is Fire Department Standard 409. m. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #425. n. Provide a temporary fire station at the south end of Springdale or other locations in the area as approved by the Fire Chief, prior to commencing combustible construction. o. Provide temporary paved roads for Fire Department access from temporary fire station to construction site. p. Participate in a funding mechanism for permanent fire station to be located on the cross gap connector. Temporary fire station costs as approved by the Fire Chief to be credited to the developer toward the costs of the permanent fire station. PC Minutes - 7/10/90 -40- (6751d) q. Should any abandoned oil wells or tanks be encountered, the Fire Department shall be notified and current standards met as required by Article 15 of the Huntington Beach Ordinance Code. Any abandonment of existing wells must be to current standards as well. r. All oil facilities within the boundaries of the development which are to be removed and abandoned, reabandoned or to remain must meet all existing requirements of the City of Huntington Beach and the State Division of Oil and Gas. Further protective measures may be required, depending upon the conditions and quality of the abandonments and reabandonments. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems for the common areas adjacent to a building shall be completed prior to occupancy of the building. 8. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 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. e. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate Of Occupancy for any use within the building. 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 - 7/10/90 -41- (6751d) 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 developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 13. 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. 14. A qualified archaeologist shall examine the surface of the site after it has been cleared of vegetation prior to site grading. 15. If no cultural material are observed, no further mitigation of cultural resources shall be required. A written report shall be submitted to the City by the archaeologist. 16. If some indication of the presence of cultural materials is observed, all activity shall cease and the archaeologist shall determine the appropriate course of action. 17. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 18. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14135: 1. The tentative tract map received and dated April 24, 1990, shall be the approved layout, with the following modifications: a. Design a project to meet the Planned Residential Development Standards except for reduced access width and encroachment of security fence in front setback area. b. Provide on -site affordable units. c. Provide visual access at intersection of Palm and Seapoint Avenues. d. Provide on -site land dedication for Bolsa Chica Linear Park. PC Minutes - 7/10/90 -42- (6751d) e. Interface with the County of Orange Harbours, Beaches & Parks Division regarding a landscape plan and setbacks from the Linear Park. f. Provide standard 9 foot x 9 foot size for all open parking spaces. g. Security fence along Palm Avenue and Seapoint Avenue shall be architecturally compatible and similar to existing security fence which surrounds the Seacliff project. h. Resubmit the revised project to the Design Review Board and Planning Commission for review and approval. 2. The applicant/property owner shall be responsible for dedicating land on -site or for the proposed Linear Park at the time the final map is accepted by City Council or issuance of building permits, whichever occurs first. 3. Public Works requirements are as follows: a. Prior to approval of the tentative maps, the security gate configurations shall be approved by the Public Works Department. Stacking, gates, booths, telephone location, etc. shall all be shown in detail. b. Developer shall participate in the proposed traffic impact fee program. c. Developer shall construct full street improvements for Seapoint Avenue within the tract boundary, including the installation of signal conduits at the intersection of Palm and Seapoint. The improvement plans shall reflect only one median opening on Seapoint (the westernmost) for project access. d. Developer shall be responsible for the following off -site traffic and street improvements: (1) Construction of Seapoint Avenue between the tract boundary and Pacific Coast Highway. (2) Installation of traffic signal system at Seapoint and Pacific Coast Highway. (3) Installation of traffic signal system at Seapoint and Palm Avenue. (4) Public access from existing Seapoint Avenue to Garfield Avenue or Edwards Street. PC Minutes - 7/10/90 -43- (6751d) e. Developer shall prepare and submit improvement plans for the above (No. 3d) off -site street and traffic improvements for approval by the Public Works Department. City shall be responsible for acquisition of any required right-of-way not owned by the Huntington Beach Company and shall reimburse developer for non -project share of off -site improvement costs per the proposed traffic impact fee ordinance. Developer shall obtain street easement for off -site construction from Huntington Beach Company. f. Prior to issuance of building permits, all necessary governmental permits, other agency approvals and right of way dedication shall be obtained. Construction of above (No. 3.d) shall commence within 30 days of receiving City approved improved improvement plans and shall be completed prior to final inspection of the first dwelling unit. g. Hydrology/hydraulic studies shall be submitted. h. Grading plans and soils report shall be submitted. i. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. j. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. k. A sewer study shall be submitted for Public Works Department approval. The developer shall design and construct the on -site and off -site sewer system required to serve the development. 1. Parkway landscaping within the public right-of-way of Palm and Seapoint shall be installed by the developer and maintained by the developer and/or a homeowners association(s) in accordance with a parkway license and maintenance agreement(s) for each tract. m. The median in Seapoint Street shall be constructed and landscaped by the developer. Developer shall maintain median landscaping until the street improvements are approved for final inspection. n. All walls shall be located on private property. o. Tract entrance medians shall not protrude into public right-of-way. PC Minutes - 7/10/90 -44- (6751d) p. A sewer main shall be stubbed out at Palm and Seapoint to serve the Bolsa Chica Linear Park. q. Developer shall incorporate into landscape plans the use of "drought tolerant" plants and turf and native bluff plants where feasible. Plan must be approved by Department of Public Works. r. Developer shall submit for approval by the Department of Public Works water improvements plans showing connections to all dwellings. s. Developer shall submit for approval the hydraulic calculations to verify water system adequacy. t. Developer shall design plans and construct a reclaimed water system (Green Acres Project) for all common areas per City requirements. u. Developer will be responsible for payment of any applicable fees adopted in the "upcoming" Water Division Financial Master Plan. v. Low -volume fixture heads shall be used in the design of the potable system for each dwelling. w. All fire hydrants, water mains, services, etc. must be installed pursuant to Fire Department and Public Works standards, ordinances, and policies. The water system shall be dedicated to the City of Huntington Beach. x. Water systems shall be located in vehicular travelways and looped where possible. Developer must provide and dedicate to the City acceptable easements where necessary. 4. All utilities shall be constructed underground in compliance with all public works standards. 5. 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-5 CONDITIONAL USE PERMIT NO 90-16/NEGATIVE DECLARATION NO 90-13 (CONTINUED FROM JUNE 19, 1990 PLANNING COMMISSION MEETING) APPLICANT: Huntington Beach Church of Religious Science LOCATION: Northeast corner of Seacliff Office Park, northeast of Yorktown Avenue and Main Street. PC Minutes - 7/10/90 -45- (6751d) This item was continued from the June 19, 1990 Planning Commission meeting because only four Commissioners were present on June 19. It was determined that because of the scope of the project, a public hearing before the full Planning Commission would be appropriate. 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. 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. DESIGN REVIEW BOARD: The proposed church is located within a -CD (Civic District) zoning suffix, which requires that new structures be reviewed and approved by the Design Review Board. The Board reviewed the appicant's plans, colors and materials on May 17, 1990, to determine their compatibility with the surrounding office park and residential uses. The Board voted 3 to 0 to recommend approval of the project to the Planning Commission with the following conditions: 1. Any changes on the proposed elevations should be referred back to the Design Review Board for review and approval. 2. The landscaping and irrigation plans shall be approved by the Design Review Board prior to issuance of building permits. 3. Any future change of use on the site should be reviewed and approved by the Design Review Board. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 90-13 and Conditional Use Permit No. 90-16 with findings and conditions of approval. PC Minutes - 7/10/90 -46- (6751d) 1 C A MOTION WAS MADE BY WILLIAMS, SECOND BY LEIPZIG, TO CONTINUE CONDITIONAL USE PERMIT NO. 90-16 AND NEGATIVE DECLARATION NO. 90-13 TO THE AUGUST 7, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-6 USE PERMIT NO. 90-24/CONDITIONAL EXCEPTION (VARIANCE) NO 90-24 APPLICANT: James C. Wilson, A.I.A. LOCATION: 17131 Beach Boulevard (northwest corner of Beach Boulevard and Cypress Avenue) Use Permit No. 90-24 in conjunction with Conditional Exception (Variance) No. 90-24 is a request to permit the addition of approximately 9,800 square feet to an existing 2,500 square foot commmercial building with variance to landscaping and circulation design requirements. Pursuant to Section 9220.1(c)A of Article 922, Commercial District Standards, 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. Conditional Exception (Variance) No. 90-24 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 960, Off -Street Parking and Landscaping, in the following areas: 1. Section 9605(b) Circulation Design specifies that all off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. PC Minutes - 7/10/90 -47- (6751d) The applicant is requesting deviations from the circulation design standards to allow eight (8) code required parking spaces to be located within the existing and proposed area of the glass shop building. Also, the proposed project does not have an internal circulation design which would eliminate the need for a vehicle to enter a public street (Cypress) in order to progress from one aisle to another within the same project area. 2. Section 9608(c) specifies that a ten (10) foot landscaped berm (inside dimension) shall be provided along any streetside property line except at driveway openings. The applicant is requesting exception to this requirement to permit a proposed parking space in the Code requred 10 foot landscape planter in the southwest corner of the project. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15303, Class 3, of the California Environmental Quality Act. REDEVELOPMENT STATUS: The proposed project is located in the Oakview Redevelopment Project area generally bounded by Warner Avenue on the north, Slater Avenue on the south, Beach Boulevard on the east and Nichols Street on the west. The Oakview Development Project area was adopted by the City Council in November 1982 and has a project area of approximately 68 acres. A Disposition and Development Agreement was executed on November 10, 1989, by the Redevelopment Agency and property owner/developer Philip and Roxanne Zisakis. The Zisakis/Agency project agreement conveys approximately 12,829 square feet of adjacent agency -owned land for the potential development of approximately 11,000 square feet of additional commercial floor area. On June 6, 1990, the Zoning Administrator approved Tentative Parcel Map No. 90-111 which subdivided and conveyed agency -owned property to the developer for the purpose of the development of the proposed project. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Deny Use Permit No. 90-24 and Conditional Exception (Variance) No. 90-24 as submitted, with findings; and B. Approve Use Permit No. 90-24 as modified by staff's alternative site plan, with findings and conditions of approval. PC Minutes - 7/10/90 -48- (6751d) A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS, TO CONTINUE USE PERMIT NO. 90-24 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 90-24 TO THE JULY 17, 1990 PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-7 CONDITIONAL USE PERMIT NO. 89-69 APPLICANT: Ince and Associates LOCATION: 14972 Springdale Street (northeast corner Springdale Street and Bolsa Avenue) Conditional Use Permit No. 89-69 is a request to demolish an existing self service gas station and permit the construction of a new 1,700 square foot self service gas station with convenience market and car wash pursuant to Section 9220.1(d) of Article 922 - Commercial District Standards of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15303, Clas 3, of the California Environmental Quality Act. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 89-69 with findings and conditions of approval. A MOTION WAS MADE BY WILLIAMS, SECOND BY ORTEGA, TO CONTINUE WITH THE PUBLIC HEARING AFTER 11:00 P.M., BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Leipzig NOES: Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED THE PUBLIC HEARING WAS OPENED Tufan Ince, applicant, 5280 Stonehaven Avenue, Yorba Linda, CA, said he was available to answer any questions the Commissioners may have. PC Minutes - 7/10/90 -49- (6751d) 1 Gordan L. Phillips, 6702 Sherman Avenue, a homeowner living 45 feet away from the proposed car wash, expressed concern over the noise that will be created by the car wash. Choi Chong Soo, 14928 Springdale Street, owner of a nearby liquor store, questioned how the applicant was able to obtain a liquor license. Mr. Soo was told by the Commissiors that liquor would not be sold at this location. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners had been under the impression that it was away from residential. After discussing this with the applicant they suggested the use of a sound wall. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON TO APPROVE CONDITIONAL USE PERMIT NO. 89-59, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Williams (out of the room) ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON TO AMEND THE PREVIOUS ACTION BY ADDING THE CONDITION THAT APPLICANT SHALL WORK WITH STAFF TO MITIGATE NOISE CONCERNS ASSOCIATED WITH THE CAR WASH, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Leipzig NOES: None ABSENT: Williams (out of the ABSTAIN: None MOTION PASSED Ortega, Kirkland, Bourguignon, room) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 89-69: 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. PC Minutes - 7/10/90 -50- (6751d) 1 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. 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. 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 - CONDITIONAL USE PERMIT NO, 89-69: 1. The site plan, floor plans and elevations received and dated June 4, 1990, shall be the conceptually approved layout, with the exception that the applicant shall work with staff to mitigation noise concerns associated with the car wash. 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. PC Minutes - 7/10/90 -51- (6751d) 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. 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. b. 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. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. All applicable Public Works fees shall be paid. e. The subject property shall enter into irrevocable reciprocal driveway and parking 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. 4. The Public Works Department requirements are as follows: a. Driveway approaches shall be a minimum of twenty-seven feet (271) 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. PC Minutes - 7/10/90 -52- (6751d) c. The car wash shall design and use a recycled water system to the satisfaction of the Water Department and Public Works Department. d. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 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. 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. The hours of operation for the proposed car wash shall be limited to 7:00 AM to 9:00 PM daily. PC Minutes - 7/10/90 -53- (6751d) 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 Planning Commission reserves the right to revoke Conditional Use Permit No. 89-69 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 15. Conditional Use Permit No. 89-69 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-8 CONDITIONAL USE PERMIT NO, 89-65 WITH SPECIAL PERMIT/COASTAL DEVELOPMENT PERMIT NO. 89-43/TENTATIVE TRACT MAP NO. 14195/NEGATIVE DECLARATION NO 89-56: APPLICANT: James Lu LOCATION: Northwest corner of Pacific Coast Highway and Sixth Street Conditional Use Permit No. 89-65 is a request for an 11-unit condominium project in the Downtown Specific Plan area, District 2 (High Density Residential). Tentative Tract Map No. 14195 is a one lot subdivision for condominium purposes. A Special Permit request has been initiated because the proposal does not comply with the Downtown Specific Plan with regard to maximum permitted site coverage. The applicant is requesting 56.9 percent site coverage in lieu of 50 percent. PC Minutes - 7/10/90 -54- (6751d) ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised Draft Negative Declaration No. 89-56 for a twenty-one (21) day comment period, 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. 89-65 with Special Permit, Coastal Development Permit No. 89-43 or Tentative Tract Map No. 14195, it is necessary for the Planning Commission to review and act on Negative Declaration No. 89-56. COASTAL STATUS: The proposed project is located within the non -appealable portion of the Coastal Zone. Prior to any action on Conditional Use Permit No. 89-65 with Special Permit or Tentative Tract Map No. 14195, the Planning Commission must review and act on Coastal Development Permit No. 89-43. Coastal Development Permit No. 89-43 may be approved or conditionally approved only after it has been found to be in conformance with the Coastal Element by making the following findings: a) Land Use Plan - The proposal conforms with the plans, policies, requirements and standards of the Coastal Element, including provision of adequate parking for all new development in the Coastal Zone; b) Zoning Regulations - The Coastal Development permit application is consistent with the -CZ suffix, the Downtown Specific Plan and other provisions of the Huntington Beach Ordinance Code applicable to the property. PC Minutes - 7/10/90 -55- (6751d) c) Adequate Services - At the time of occupancy, the development can be provided with infrastructure in a manner that is consistent with the C-LUP. d) California Coastal Act - The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. REDEVELOPMENT STATUS: The project is located within the Main -Pier Redevelopment Project Area. SPECIFIC PLAN: The proposed project is located within the Downtown Specific Plan, District 2 (High Density Residential). SUBDIVISION COMMITTEE: On June 14, 1990, the Subdivision Committee met to review the proposed one lot subdivision for condominium purposes. Representatives of the Planning Commission, Fire Department, Public Works Department and Community Development Department were present. Project -related concerns such as parking, landscaping, and site coverage were discussed briefly. The Committee voted unanimously to recommend approval of the one lot subdivision to the Planning Commission, noting that such recommendation reflected their views on the tentative tract only, and did not necessarily reflect their concerns with certain aspects of the proposed condominium site plan. DESIGN REVIEW BOARD: On May 31, 1990, the Design Review Board analyzed the proposed elevations, colors, and materials for the project. The Design Review Board voted 4 to 0 to recommend approval of the project to the Planning Commission as proposed, with the following conditions: 1. The landscaping setback area along Pacific Coast Highway shall contain a Mediterranean fan palm setting composed of five (5) trunks with the central trunk being a minimum of eight (8) feet in height. The other tree trunks shall range in size from two (2) feet to five (5) feet in height. 2. Backflow devices, electrical transformer cabinets, etc. shall be screened from street view. 3. Landscaping and irrigation drawings shall be submitted for review and approval prior to issuance of building permits. PC Minutes - 7/10/90 -56- (6751d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny Coastal Development Permit No. 89-43, Conditional Use Permit No. 89-65 with Special Permit, and Tentative Tract Map No. 14195 with findings. THE PUBLIC HEARING WAS OPENED James Adams, 1610 Kings Road, Newport Beach, architect for the project explained some of the details of said project. James Lu, applicant, explained why he did not want to lessen the number of units from 11 to 9. He explained it would be unfeasible because the rent prices would become to high. He said if he had to do this it would create a hardship for him. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE CODE AMENDMENT AND THE PUBLIC HEARING WAS CLOSED A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS, TO DENY CONDITIONAL USE PERMIT NO. 89-65 WITH SPECIAL PERMIT, COASTAL DEVELOPMENT PERMIT NO. 89-43, TENTATIVE TRACT MAP NO. 14195 AND NEGATIVE DECLARATION NO. 89-56 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Ortega, Kirkland, FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 89-65: 1. The proposed 11-unit condominium will not be compatible with adjacent properties because the site coverage and resulting building bulk exceed that of surrounding development. 2. The minimum permissible on -site parking is provided, and will be inadequate for the proposed 11-unit condominium because no parking will be allowed adjacent to the site on Pacific Coast Highway, Sixth Street or the alley. FINDINGS FOR DENIAL - SPECIAL PERMIT: 1. The Special Permit for 56.9 percent site coverage in lieu of 50 percent does not result in significantly greater benefits than would otherwise occur if all the minimum requirements were met. 2. The project does space or parking coverage. not provide significantly greater setbacks, open that would serve to offset the increased site PC Minutes - 7/10/90 -57- (6751d) FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 89-43: 1. Coastal Development Permit No. 89-43 is not consistent with the Downtown Specific Plan, District 2 development standards with regard to site coverage. 2. The development proposed by Coastal Development Permit No. 89-43 does not provide for adequate guest parking. Since no on -street parking will be permitted on any street adjoining the property, additional guest spaces beyond those required by code should be provided on -site. FINDINGS FOR DENIAL - TENTATIVE TRACT MAP NO. 14195: 1. The site is not suitable for the development as proposed because the development does not fully comply with the Downtown Specific Plan standards and special permits are not justified. 2. The proposed one -lot subdivision for an 11-unit condominium is not consistent with the goals and policies of the Coastal Element of the General Plan because it does not provide for adequate parking for new development in the Coastal Zone. B-9 CONDITIONAL USE PERMIT NO.90-1 WITH SPECIAL PERMITS/ TENTATIVE TRACT NO. 14182/NEGATIVE DECLARATION NO, 90-4 APPLICANT: The Louie Group LOCATION: 17182 and 17192 Ash Street Conditional Use Permit No. 90-1 with Special Permits and Tentative Tract No. 14182 is a request to subdivide one parcel into 7 numbered lots and 1 lettered lot to construct 7 three-story townhomes. Special Permits are requested for : 1) relief from one-third of the units less than three-story; 2) reduction of access width; 3) reduction of front -to -front building separation; 4) parking spaces within 15 feet of the dwelling; 5) relief from the 15 foot setback from the vehicular accessway; 6) relief from the required 20 foot setback for fifty percent of the garages; 7) permitting the rear yards to be credited toward the required private open -space; and 8) a reduced minimum dimension for the main recreation area pursuant to Section 915 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 90-4 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. Prior to any action on Conditional Use Permit No. 90-1 with Special Permits or Tentative Tract No. 14182, it is necessary for the Planning Commission to review and act on Negative Declaration No. 90-4. PC Minutes - 7/10/90 -58- (6751d) 1 REDEVELOPMENT STATUS: The subject property is located within the Oakview Redevelopment Project Area. SUBDIVISION COMMITTEE: On June 14, 1990, the Subdivision Committee reviewed Tentative Tract No. 14182. After discussion between the applicant, City staff and the Committee regarding the project, the Subdivision Committee recommended approval to the Planning Commission by a unanimous vote. It should be noted, however, that the Subdivision Committee review is limited to subdivision issues such as vehicular access, the availability of sewer and water services, potential impacts on police and fire services, etc. Although the Subdivision Committee has recommended approval of Tentative Tract No. 14182, that recommendation does not include a recommendation on Conditional Use Permit No. 90-1 which is for the actual project. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following action: A. Approve Negative Declaration No. 90-4; and B. Approve Conditional Use Permit No. 90-1 with Special Permits and Tentative Tract No. 14182 with findings and conditions of approval. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO CONTINUE CONDITIONAL USE PERMIT NO. 90-1 WITH SPECIAL PERMITS, TENTATIVE TRACT NO. 14182 AND NEGATIVE DECLARATION NO. 90-4, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Ortega, Kirkland, B-10 GENERAL PLAN AMENDMENT NO. 89-3/ZONE CHANGE NO. 89-5/ENVIRONMENTAL IMPACT REPORT NO. 90-1: APPLICANT: David Czaja LOCATION: 5142 and 5200 Warner Avenue (south side of Warner, east and west of Leslie Lane) General Plan Amendment No. 89-3 and Zone Change No. 89-5 is a request to redesignate and rezone a 2.60 acre site, located on the south side of Warner Avenue on both sides of Leslie Lane, from a General Plan land use designation of General Commercial to Medium -High Density PC Minutes - 7/10/90 -59- (6751d) Residential and zoning designation from OP (Office Professional) and (Q)C4 (Qualified Highway Commercial, Non -Medical Uses Only) to R3-PD (Medium -High Density Residential with a Planned Development Suffix), respectively. They are being submitted for review and recommendation by the Planning Commission and then forwarded to the City Council for final decision. Although the General Plan Amendment and Zone Change do not constitute any new development, it will allow for residential development of the site. If approved, the amendment request will allow for development of a maximum of 69 condominium units. No development plans have been submitted at this time. ENVIRONMENTAL STATUS: In accordance with the California Environmental Quality Act, Environmental Impact Report No. 90-1 (EIR No. 90-1) was prepared to analyze the potential impacts of the project. The requisite procedure that was followed is outlined below: January 29, 1990 Staff conducted an initial study and determined that an EIR would be necessary for the project. February 6, 1990 A Notice of Preparation was filed with the State Clearinghouse to notify the public of the intent to prepare an EIR. April 30, 1990 Notice of Completion filed with the State Clearinghouse. The Draft EIR was available for public review and comments for forty-five days (comment period: April 30, 1990, to June 14, 1990). July 10, 1990 Public hearing before Planning Commission to certify EIR No. 90-1. Staff did not receive any comments during the review period. Environmental Impact Report No. 90-1 was prepared by staff. The document must be adopted and certified by the Planning Commission prior to any action on General Plan Amendment No. 89-3 and Zone Change No. 89-5. The environmental impact report discusses potential adverse impacts related to light and glare, land use compatibility, transportation/circulation, public service and utilities, air quality, noise, growth management and archaeological resources. The environmental impact report did not identify any significant adverse environmental impacts which could not be mitigated to a level of insignificance. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following action: PC Minutes - 7/10/90 -60- (6751d) L�J 1 A. Adopt and certify as adequate Environmental Impact Report No. 90-1 by adopting Planning Commission Resolution No. 1433 and forward to the City Council for adoption; B. Approve General Plan Amendment No. 89-3 by adopting Planning Commission Resolution No. 1434 and forward to the City Council for adoption; and C. Approve Zone Change No. 89-5 and forward to the City Council for adoption. A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO CONTINUE GENERAL PLAN AMENDMENT NO. 89-3, ZONE CHANGE NO. 89-5 AND ENVIRONMENTAL IMPACT REPORT NO. 90-3, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS Williams, Ortega, Kirkland, D-1 ONE YEAR REVIEW - CONDITIONAL USE PERMIT NO, 88-57/COASTAL DEVELOPMENT PERMIT NO. 89-2 - TACO BELL APPLICANT: Richard B. Armstrong LOCATION: 818 Pacific Coast Highway On May 1, 1989, the City Council denied an appeal and upheld the Planning Commission's approval of Conditional Use Permit No. 88-57 and Coastal Development Permit No. 89-2, a request to remodel an existing Taco Bell Restaurant. Condition No. 16 states that: "A review of the use shall be conducted within one (1) year to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code." On June 25, 1990, the Land Use Section of the Planning Division inspected the Taco Bell Restaurant located at 818 Pacific Coast Highway for compliance with the conditions of approval. The inspection revealed that the Taco Bell Restaurant was in substantial compliance with all of the conditions of approval. A memorandum to Councilman Erskine discusses building colors and landscaping concerns raised since approval of the project. PC Minutes - 7/10/90 -61- (6751d) Concerns of the public, City Council and Planning Commission have been mitigated through the adoption of selected conditions of approval and to date the Land Use Section has not received any complaints regarding the remodeled Taco Bell Restaurant. RECOMMENDATION• Staff recommends that the Planning Commission accept the one (1) year review of Conditional Use Permit No. 88-57 and Coastal Development Permit No. 89-2 for substantial compliance with the conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO APPROVE A ONE YEAR REVIEW FOR CONDITIONAL USE PERMIT NO. 88-57 AND COASTAL DEVELOPMENT PERMIT NO. 89-2, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D-2 DEFINITION OF "HEDGES" (CODE AMENDMENT NO. 90-2 AND NEGATIVE DECLARATION NO. 90-2: APPLICANT: City of Huntington Beach On June 5, 1990, the Planning Commission reaffirmed their February 6, 1990 recommendation to the City Council with direction to staff to bring back a hedge definition and a recommendation to the City Council on a reduced fee for the processing of use permits for hedges that deviate from the maximum height requirements. The revised code amendment is scheduled for hearing by the City Council on July 16, 1990. Definition for Hedges 9080.66 Hedge. A series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure with a see -through factor of twenty-five percent (25%) or less. Proposed Fee Change Use permit fee to the Zoning Administrator to allow hedges exceeding six (6) feet in height within the side and rear yard setback will be thirty-five dollars ($35.00) as set by the Huntington Beach City Council. THIS ITEM WAS FOR INFORMATION ONLY, NO ACTION NECESSARY. PC Minutes - 7/10/90 -62- (6751d) E. DISCUSSION ITEMS: None F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams brought up the fact that they were remiss in not thanking Karen Atwell for her services to the Planning Commission as it was her last meeting. He suggested they circulate a resolution that will recognize Karen for her services. For the record Commissioner Leipzig stated that Karen made it a pleasure to serve as a Commissioner. Chairwoman Ortega said they will miss her. A MOTION WAS MADE BY ORTEGA, SECOND BY MOUNTFORD, TO RECOGNIZE KAREN ATWELL WITH RESOLUTION NO. 1430 FOR HER SERVICES WHILE SERVING AS PLANNING COMMISSION SECRETARY, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Ortega, Kirkland, RESOLUTION NO. 1430 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA EXPRESSING APPRECIATION TO KAREN ATWELL WHEREAS, Karen Atwell has faithfully served the City of Huntington Beach as a member of the Department of Community Development since March 11, 1985; and PC Minutes - 7/10/90 -63- (6751d) -4 WHEREAS, Karen Atwell also served as Division Secretary for the Planning Commission, Current and Advance Planning Sections during her tenure with the Department of Community Development; and WHEREAS, Karen Atwell has contributed valued service to the City through her extensive skills and dedication to the Planning Commission and staff. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Huntington Beach acknowledges the excellent individual performance of Karen Atwell and expresses its deepest appreciation for her service to the City of Huntington Beach. PASSED, APPROVED AND ADOPTED this 19th day of June 1990. Chairwoman Geri Ortega Commissioner Bourguignon Commissioner Leipzig Commissioner Shomaker I. ADJOURNMENT /kj 1 Vice -Chairman Kirk Kirkland Commissioner Williams Commissioner Mountford Mike Adams, Secretary A MOTION WAS MADE AT 11:45 PM BY ORTEGA, SECOND BY LEIPZIG, TO ADJOURN TO A 5:30 STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), TUESDAY, JULY 17, 1990, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Ortega, Kirkland, APPROVED B ,L: i j 1,1�,4jj* ' CAZZW� Mike Adams, Secretary PlanCo ning mmissi Chairwoman PC Minutes - 7/10/90 -64- (6751d)