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HomeMy WebLinkAbout1990-07-17APPROVED 9/18/90 MINUTES HUNTINGTON BEACH PLANNING COMMISSION DULY 17, 1990 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Shomaker, Mountford, Williams, Ortega, Kirkland, P P Bourguignon, Leipzig A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 USE PERMIT NO. 90-24/CONDITIONAL EXCEPTION (VARIANCE) 90-24 (CONTINUED FROM JULY 10, 1990 PLANNING COMMISSION MEETING APPLICANT: JAMES C. WILSON, A.I.A. LOCATION: 17131 Beach Boulevard (northwest corner of Beach Boulevard and Cypress) Use Permit No. 90-24 in conjunction with Conditional Exception No. 90-24 is a request to permit the addition of approximately 9,800 square foot commercial building with variance to landscaping and circulation design requirements. The applications were continued from the July 10, 1990 Planning Commission meeting, at the request of the applicant, in an effort to allow the Planning staff, Redevelopment staff, applicant and owner to review the existing conditions and previously granted entitlements and to further analyze the proposed addition. 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 approve Use Permit No. 90-24 and Conditional Exception (Variance) No. 90-24 as modified with findings and amended conditions as outlined, along with the conditions of approval as outlined in the July 10, 1990 Planning Commission staff report. THE PUBLIC HEARING WAS OPENED James Wilson, Applicant, 2821 Newport Boulevard, gave a breakdown on the parking use. He said he reviewed staff alternatives and had concern for deliveries if the tandem parking was used. He suggested they use the original door on site plan (on Cypress) for deliveries. Phil Zisakis, Owner, 17131 Beach Boulevard, expressed concern over his bay doors and tandem parking. He said deliveries will be affected by tandem parking, and requested they use the door on Cypress. Charles W. Parret, 3200 Park Center Dr., Costa Mesa, spoke in opposition to the request and staff recommendations. He was concerned that an environmental review was not required. Mr. Parret also stated that the circulation design would provide reciprocal access easements between Lichter (neighboring property owner) and the applicant. He said that Mr. Lichter would not approve this plan. He was also concerned with the traffic circulation, noise, gas and liability that would affect Mr. Lichter. PC Minutes 7/17/90 -2- (6867d) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners regarding the expansion for current use and future use. They also questioned what expansion was dependent upon the proposed parking structure across the street. They were also concerned with the parking, some felt it was inadequate and would create a problem. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE USE PERMIT NO. 90-24 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 90-24 WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Ortega, Kirkland, Bourguignon, Leipzig NOES: Mountford, Williams ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO AMEND THE PREVIOUS MOTION BY ALLOWING AN ENTRANCE TO THE PROJECT FROM CYPRESS IN THE CONDITIONS, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Bourguignon, Leipzig NOES: Mountford, Kirkland ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 90-24: 1. Because of the size, configuration, shape and existing development of the subject property, there appears to be 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 was previously developed with reduced regular established development standards, such a conditional exception for deviations from the circulation design standards to allow interior (4) parking credit is necessary for the preservation and enjoyment of substantial property rights. 3. Granting of Conditional Exception (Variance) No. 90-24 for deviations from the circulaion design standards would not constitute a special privilege inconsistent with limitations upon properties in the vicinity. PC Minutes 7/17/90 -3- (6867d) L U 4. Exceptional circumstances do apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. Previous entitlements permitted reductions and deviation from the applicable Huntington Beach Ordinance Code requirements. FINDINGS FOR APPROVAL - USE PERMIT N0, 90-24: 1. The establishment, maintenance and operation of the proposed addition and expansion to an existing 2,500 square foot commercial building as modified will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 90-24 for the addition and expansion to an existing 2,500 square foot commercial building as modified will not adversely affect the General Plan of the City of Huntington Beach. The proposed improvements to the commercial building as modified will insure commercial development that is economically viable, attractive, well related to other land uses and satisfies the needs of the residents of Huntington Beach. 3. The proposed addition and expansion to an existing commercial building as modified is consistent with the goals and objectives of the City's General Plan and Land Use Maps. The Land Use Element designation of General Commercial provides criteria for commercial uses and designates commercial/office uses as a function of the commercial land use. CONDITIONS OF APPROVAL: 1. The site plan, dated May 24, 1990, shall be the conceptually approved layout with the following modifications: a. One (1) service bay door and drive approach shall be permitted on Cypress Avenue along with the two (2) service bay doors to the rear (west) of the building. b. The approved on -site occupied floor area is as follows: 1. 1st Floor: Glass Shop - 2,875 square feet Office - 2,473 square feet PC Minutes 7/17/90 -4- (6867d) 2. 2nd Floor: Office - 4,292 square feet 3. 3rd Floor: Storage - 2,000 square feet (Unoccupied) - 735 square feet TOTAL - 12,375 square feet 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. 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. c. Elevations shall depict colors and building materials as approved by the Design Review Board on June 7, 1990. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The Design Review Board shall review and approve the following: (1) Revised site plan and elevations as modified pursuant to Condition No. 1. PC Minutes 7/17/90 -5- (6867d) (2) Proposed structures shall be architecturally compatible with existing structures. (3) All signage proposed. h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code. c. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. d. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. e. All applicable Public Works fees shall be paid. f. The subject property shall submit an irrevocable offer for reciprocal driveway and parking easement(s) between the subject site and adjacent (north, west) 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. g. Tentative Parcel Map No. 90-111 shall be recorded with the Orange County Recorder prior to issuance of a building permit and a copy submitted to the Department of Community Development. PC Minutes 7/17/90 -6- (6867d) 1 h. The applicant shall file a parcel map request to consolidate the subject lots into one (1) lot. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map filed with the Department of Community Development prior to final inspection or occupancy. 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. Dedicate 7 feet on Cypress Avenue and a 28 foot corner right-of-way radius at Beach Boulevard and Cypress Avenue. C. Improve Cypress Avenue to Public Work's standards. d. Underground existing overhead utilities on Cypress Avenue. e. Construct drainage system on Cypress Avenue. f. Submit grading plan for review and approval. g. 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. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. A Class 111 wet standpipe system (combination) will be installed to comply with Huntington Beach Fire Department and Uniform Building Code standards. e. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code standards. f. Fire extinguishers will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code standards. PC Minutes 7/17/90 -7- (6867d) g. Elevators will be sized to accommodate an ambulance gurney. Minimum 6 foot-8 inches wide by 4 feet-3 inches deep with minimum 42 inch opening. h. Address numbers will be installed to comply with Huntington Beach Fire Code standards. i. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. j. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 9. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 10. All repair work shall be conducted wholly within the building. 11. 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. 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes 7/17/90 -8- (6867d) 13. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All signs shall be in compliance with the Huntington Beach Ordinance Code. (Article 961) b. The applicant shall restripe the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code and staff's alternative site plan (Attachment No. 4). c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. The applicant shall post a bond with the Community Development Department, in an amount to be determined by the Director of Planning, to insure that the landscaping along Cypress Avenue, as shown in staff's alternative (Attachment No. 4) site plan, shall be constructed at such time as the two (2) parking spaces can be replaced. e. Compliance with all conditions of approval specified herein shall be accomplished. f. The third floor storage area windows shall be opaque or of a similar type (non -see through) subject to the review and approval of the Director of Planning to ensure that the area will be used as storage. At such time as the floor area changes use, the window areas may be changed to provide lighting. 14. 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. 15. The third floor lease space (storage, unoccupied) shall not be issued a certificate of occupancy until adequate parking can be demonstrated and/or provided. 16. Any change of use in the auto glass shop and storage area shall require a parking study to verify adequate parking is provided prior to issuance of Certificate of Occupancy. 17. The Planning Commission reserves the right to revoke Use Permit No. 90-24 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 18. Use Permit No. 90-24 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. PC Minutes 7/17/90 -9- (6867d) B-2 CONDITIONAL USE PERMIT NO. 90-1 WITH SPECIAL PERMITS/ TENTATIVE TRACT NO. 14182/NEGATIVE DECLARATION NO. 90-4 (CONTINUED FROM JULY 10, 1990 PLANNING COMMISSION MEETING) 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. On July 10, 1990, the Planning Commission continued this item to July 17, 1990, due to the lateness of the hour and the absence of the applicant. 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. 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 (see attached draft minutes). 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. PC Minutes 7/17/90 -10- (6867d) 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. THE PUBLIC HEARING WAS OPENED Louis Hernandes, Applicant, 210 Adams, explained the purpose of the project was to upgrade the area. Isac Benio, Investor, 2062 Lida Lane, Anaheim, told the Commissioners that the pupose for building this project was to improve the area, it was not for the money. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners concerning affordability, no specific market forces will make it affordable. They also want to see a balance of rental units with for sale units. Another concern was putting an oversize project on the land of its size and area. A MOTION WAS MADE BY MOUNTFORD, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 90-1 WITH SPECIAL PERMITS, TENTATIVE TRACT NO. 14182 AND NEGATIVE DECLARATION NO. 90-4 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 90-1: 1. The location, site layout, and design of the proposed 7 unit townhome development properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed 7 unit townhome development is compatible with surrounding properties in terms of density, architecture and orientation. PC Minutes 7/17/90 -11- (6867d) 3. The access to and parking for the proposed 7 unit townhome development does not create an undue traffic problem. 4. The planned residential development for 7 unit townhomes conforms to the provisions contained in Article 915 except for the Special Permit requests. 5. Conditional Use Permit No. 90-1 for 7 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. Reduction of front -to -front building separation. d. Parking spaces within 15 feet of the dwelling area. e. Relief from the 15 foot setback for the dwelling from the vehicular accessway. f. Relief from the required 20 foot setback for 50 percent of the garages. g. Permitting the rear yards to be credited toward the required private open space. h. A reduced minimum dimension for the main recreation area. 2. The requested special permits allow for a project that increases the area of the useable common open space and main recreation areas, allows for more livable units, provides increased landscaping and reduced site coverage, provides an additional parking space, provides generally affordable housing, promotes housing stock recycling within the Oakview Redevelopment Project Area, and may promote neighborhood stability by providing "for -sale" units. 3. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 4. 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. PC Minutes 7/17/90 -12- (6867d) 0 E 5. 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 N0, 14182: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for 7 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 Medium Density Residential and R2 (15 units per gross acre) zoning were implemented. 3. The site is relatively flat and physically suitable for the proposed density of 15 units per gross acre. 4. Tentative Tract No. 14182 for 7 townhomes is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 90-1: 1. 2. The site plan, floor plans and elevations received and dated June 28, 1990, shall be the conceptually approved layout with the following modification: a. Interior side yard elevations shall receive additional architectural treatment subject to review and approval of the Planning Director. b. A trash enclosure shall be provided. This requirement may be waived if Rainbow Disposal agrees to individual unit pickup. 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. PC Minutes 7/17/90 -13- (6867d) b. 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. C. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. d. Elevations shall depict colors and building materials proposed. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. 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. f] h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised 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. PC Minutes 7/17/90 -14- (6867d) (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) Intensified landscaping shall be provided adjacent to the two (2) exposed carports adjacent to Ash Street. Said landscaping shall be subject to review and approval by the Planning Director. c. All applicable Public Works fees shall be paid. e. 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. 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 and will provide the following: (1) Manual Pulls (2) Smoke Detectors (3) 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 7/17/90 -15- (6867d) 1 e. 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. f. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #426. g. 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. 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 shall be completed prior to final inspection. 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. 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 7/17/90 -16- (6867d) 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 12. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 13. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 14. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 15. 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. 16. 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. 17. 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 14182: 1. The tentative tract map received and dated July 5, 1990, shall be the approved layout with the following modifications: a. The map shall be revised to show 3 feet of Ash Street to be vacated on the final map. 2. Driveway shall be 27 feet minimum width, radius type. 3. Construct all Public Works improvements in Ash Street, including a street light. 4. Grading Plan and Soils Report are required. 5. Site drainage shall flow to Ash Street. PC Minutes 7/17/90 -17- (6867d) 6. Hydrology/hydraulic calculations shall be submitted for approval. 7. Private yards shall have individual area drains. 8. On -site sewer main shall be private and each dwelling unit shall have a separate sewer lateral. 9. On -site water mains shall be dedicated to th City and located in vehicular travelways. Each lot shall be individually metered. 10. Security gate shall be prohibited with existing driveway configuration. 11. Developer must submit for approval by Department of Public Works water improvemnt plans showing service connections to all lots. 12. Developer will be responsible for payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 13. Low -volume fixture heads shall be incorporated in the design of the potable water systems for each dwelling. 14. All existing unused water facilities shall be abandoned. 15. At least 30 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-3 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 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. PC Minutes 7/17/90 -18- (6867d) 1 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. The Planning Commission continued this item from the July 10, 1990 meeting, due to the number of items on the agenda. Staff has received one letter from a neighboring property owner in opposition of the proposed general plan amendment and zone change. At the July 10, 1990 Planning Commission study session, an additional mitigation measure was suggested to prohibit curb cuts on Warner Avenue to prevent possible circulation impacts to Warner Avenue. The measure would be added to Exhibit A of Planning Commission Resolution 1433 and should read as follows: 11. Upon development, sites shall retain vehicular access from Leslie Lane. No curb cuts shall be allowed along Warner Avenue. 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 February 6, 1990 Staff conducted an initial study and determined that an EIR would be necessary for the project. 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. PC Minutes 7/17/90 -19- (6867d) 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. RECOMMENDATION• A. Adopt and certify as adequate Environmental Impact Report No. 90-1 with added mitigation measure, 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. THE PUBLIC HEARING WAS OPENED Art Torosian, Partner Applicant, 5081 Crescent Drive, Anaheim, believes the project will be an asset to the community. Mr. Torosian remarked that within the Environmental Impact Report, there were no items that could not be mitigated to a level of insignificance. He also feels that re -zoning will eleviate some of the over commercial development. He feels their project will be of aesthic and financial value to the community. David Czaja, Applicant, 16811 Lynn Street, said that phasing will allow for full Planned Development, and will not impact sewers. He also stated that the vacancy rate for office space is up in the area. Bob Biddle, 1710 Pine Street, spoke in opposition to the project. He is in favor of commercial uses in the area. John C. Welch, 16805 Roosevelt Lane, spoke in favor of the project. Mr. Welch is concerned with the current traffic problems. He feels commercial development creates gridlock and is highly in favor of a residential use. Ken Saunders, 17083 Roundhill Drive, does not object to R1-R2 property. As a R1 property owner, he bought with the understanding that R2 would exist on the bluff. He does, however, object to the density. Marlene Church, 5091 Dunbar, spoke in favor of the project. She feels it will enhance the area. PC Minutes 7/17/90 -20- (6867d) 1 Marcy Little, 3651 Pirate Circle, spoke in favor of the project. She thinks it will be beneficial for all. Sally Graham, 5161 Gelding Circle, spoke in opposition. She feels it is too dense, there is no need for more residential. She stated the sewer systems are already at capacity. Ms. Graham also said that traffic will be on an uprise. Mark Browning, 16771 Roosevelt Lane, spoke in opposition to the project. He stated that traffic, sewer, water, parking are all problems now. Mr. Browning also stated that he doesn't believe the builder has credibility to do the project. Mary Ota, 5242 Warner Avenue, (Mary Ota's daughter spoke for her) spoke in opposition to the project. She stated that currently she had balconies that overlook her backyard and is concerned about her privacy. She would like to see changes in the design to accomodate the people who have lived their a long time. Steve Mann, 16791 Green Street, spoke in favor of the project. Mr. Mann feels the area is conducive to residential rather than commercial. He said the current commercial buildings are aesthically displeasing and feels there will be no adverse impacts to the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed the scarcity of commercial land, and were concerned with the sewer capacity in the area. They were also concerned with the property owner rights with an increase of density in place of commercial. A MOTION WAS MADE BY LEIPZIG, SECOND BY SHOMAKER TO APPROVE ENVIRONMENTAL IMPACT REPORT NO. 90-1, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Bourguignon, Leipzig NOES: Williams, Ortega ABSENT: Mountford ABSTAIN: None MOTION PASSED PC Minutes 7/17/90 1w*0 (6867d) RESOLUTION NO. 1433 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING ENVIRONMENTAL IMPACT REPORT NO. 90-1 AND RECOMMENDING TO THE CITY COUNCIL THAT THEY ADOPT AND CERTIFY AS ADEQUATE ENVIRONMENTAL IMPACT REPORT NO. 90-1 WHEREAS, Environmental Impact Report No. 90-1 was prepared in conjunction with General Plan Amendment No. 89-3 and Zone Change No. 89-5; and The City of Huntington Beach was the lead agency in the preparation of the Environmental Impact Report; and All persons and agencies wishing to respond to notice duly given have been heard by the Planning Commission either through written notice or during a public hearing on July 17, 1990, and such comments as were made were duly noted and responded to. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Huntington Beach as follows: SECTION 1: The Planning Commission does hereby find that Environmental Impact Report No. 90-1 has been completed in compliance with the California Environmental Quality Act and all State and local guidelines. SECTION 2: The Planning Commission has considered all significant effects detailed in Environmental Impact Report No. 90-1, together with proposed mitigation measures to mitigate such effects (see Exhibit A). SECTION 3: The Planning Commission finds that through the implementation of the aforementioned mitigation measures the potentially adverse impacts associated with the project can be eliminated or reduced to a level of insignificance. SECTION 4: The Planning Commission of the City of Huntington Beach does hereby adopt and certify as adequate Environmental Impact Report No. 90-1 and recommends that the City Council adopt and certify as adequate Environmental Impact Report No. 90-1. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach on the 17th. day of July, 1990, by the following roll call vote: AYES: Shomaker, Kirkland, Bourguignon, Leipzig NOES: Williams, Ortega ABSENT: Mountford ABSTAIN: None ATTEST: Mike Adams, Secretary (676ld-1,2) Planning Commission Chairwoman PC Minutes 7/17/90 -22- (6867d) A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE GENERAL PLAN AMENDMENT NO. 89-3 AND ZONE CHANGE 89-5, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Kirkland NOES: Williams, Ortega, Bourguignon, Leipzig ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS TO DENY GENERAL PLAN AMENDMENT NO. 89-3 AND ZONE CHANGE NO. 89-5, BY THE FOLLOWING VOTE: AYES: Williams, Ortega, Bourguignon, Leipzig NOES: Shomaker, Mountford, Kirkland ABSENT: None ABSTAIN: None MOTION PASSED B-4 CONDITIONAL USE PERMIT NO, 90-32 APPLICANT: CATHERINE F. MARZELLA LOCATION: 318 Main Street Conditional Use Permit No. 90-32 is a request for live entertainment (up to 2 musicians/comedians) within an existing restaurant (Marzella's Pizza) located at 318 Main Street in downtown Huntington Beach. A conditional use permit is required for live entertainment pursuant to Section 9220.1(d) of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301. COASTAL STATUS: The project is located within the categorical exclusion area of the non appealable portion of the Coastal Zone. Pursuant to Section 989.5.3.13(f) of the Huntington Beach Ordinance Code the project is exempt from coastal development permit procedures. REDEVELOPMENT STATUS: The subject site is located within the Downtown Redevelopment Project Area. Redevelopment staff has indicated that the proposed entertainment is compatable with the existing uses in the vicinity and supports the applicant's request. PC Minutes 7/17/90 -23- (6867d) SPECIFIC PLAN: The project is located within the Downtown Specific Plan. STAFF RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 90-32 with findings and conditions of approval. THE PUBLIC WAS OPENED THER WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO APPROVE CONDITIONAL USE PERMIT NO. 90-32 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Findings for Approval - Conditional Use Permit No. 90-32: 1. The establishment, maintenance, and operation of live entertainment (up to two (2) musicians/comedians with electronic amplification) will not be detrimental to the general welfare of persons residing or working in the vicinity. Adequate buffering from residential uses is provided by parking areas and retail/office buildings. Further, the proposed hours of entertainment are after the business hours of surrounding retail and office uses. 2. The proposed live entertainment will not be detrimental to property and improvements in the vicinity of the restaurant due to the layout and design of existing and proposed uses.. 3. The proposed use is consistent with the City's General Plan and Zoning designations which allow entertainment in conjunction with a retail/commercial dining establishment. Conditions of Approval - Conditional Use Permit 90-32: 1. The site plan and floor plan received and dated June 21, 1990, shall be the conceptually approved layout. 2. Live electronically amplified music and entertainment shall be limited to a maximum of 2 performers and shall be limited to the following hours: Monday through Saturday - 8:00 PM to 1:00 AM Sunday - 3:00 PM to 10:00 PM PC Minutes 7/17/90 -24- (6867d) 3. Dancing shall be prohibited. 4. An entertainment permit shall be submitted and approved by the Police Department prior to the establishment of the live entertainment within the restaurant. 5. The proposed use shall comply with all applicable fire and building codes, including Chapter 33 of the Uniform Building Code. 6. All activities shall comply with all applicable ordinances of Title 5, Business License and Regulations, and Title 9, Public Peace, Morals and Welfare of the Huntington Beach Municipal Code. 7. The proposed live entertainment shall comply with Chapter 8.40 "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment, the Planning Commission reserves the right to require the applicant to mitigate the noise level. 8. This conditional use permit shall run with the applicant. Any additional activities beyond those proposed (musicians and comedians) shall require the review and approval through the conditional use permit process. 9. The primary use of the building shall be dining and the sale of food and beverages. Dancing and live entertainment (comedians/musicians) shall be a secondary use. 10. A six-month review of the establishment shall be conducted by the Planning Commission in order to assess compliance with and the effectiveness of the adopted conditions of approval. 11. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-5 TENTATIVE TRACT NO, 13527(R)/AMENDMENT TO CONDITION OF APPROVAL NUMBER APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: Southeast of current terminous of Seapointe Avenue On January 18, 1989, the Planning Commission approved Tentative Tract Map No. 13527(R) and Conditional Use Permit No. 88-18(R). The approval was for a 158 unit single family residential lot subdivision. Condition of approval No. 3 for the Tentative Tract required that Seapoint Avenue be connected to Garfield Avenue and opened to the public prior to occupancy of the first unit. Since the precise plan of street alignment for Seapoint Avenue has not yet been adopted by the City Council, it is necessary, to amend Condition No. 3 to allow limited occupancy of units prior to construction. PC Minutes 7/17/90 -25- (6867d) ENVIRONMENTAL STATUS: The project was covered under previously approved Negative Declaration No. 88-18. COASTAL STATUS: The project was covered under previously approved Coastal Development Permit No. 88-24. STAFF RECOMMENDATION: Staff recommends that condition of approval No. 3 for Final Tract No. 13527 be amended as follows: 3. Seapointe Avenue shall be connected to Garfield Avenue and shall be open to the public prior to occupancy of the f;UXY seventy-fifth (75th) unit. All residents moving into the dwellings prior to completion of Seapointe shall be notified of the difference in emergency response times. No additional construction start shall be permitted for the remainder of the tract beyond the 74 units until such time as the road is completed. THE PUBLIC HEARING WAS OPENED Bill Holman, 2120 Main Street, represents applicant, had concerns over the long delays, 11 months to get permit to build road. Also concerned with 8 - 10 month lag time if construction cannot be completed until the road is completed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners and Fire Department staff. Their concerns were directed at the disclaimer requested to notify people of delayed response time for emergency services. Fire Department staff stated the disclaimer was essential to the homeowners, however, it had not been done before to his knowlegdge. Temporary roads were discussed, but Fire Department staff felt this was not adequate, nor temporary fences. The Commissioners also discussed the burden put on the developer by delayed construction and financial obligation in building the street. After the discussion the condition was modified as follows: AMENDED CONDITION NO. 3: 3. Seapointe Avenue shall be connected to Garfield Avenue and shall be open to the public prior to occupancy of the seventy-fifth (75th) unit. All residents moving into the dwellings prior to completion of Seapointe shall be notified of the difference in emergency response times. Move -ins shall be limited to fifty-four (54) units prior to start of street construction. PC Minutes 7/17/90 -26- (6867d) Twenty (20) additional units may be occupied after construction has begun. No additional occupancy shall be permitted for the remainder of the tract beyond the 74 units until such time as the road is completed, or other measures are implemented such as a temporary unimpeded emergency access road which addresses the concerns of Fire, Police, Public Works and Community Development Departments. Chairwoman Ortega stated for the record, that she was against the idea of a disclaimer that notified homeowners of delayed response time for emergency services. Commissioner Bourguignon disclosed the fact that he owns heavy equipment that has been rented out to the applicant's contractor. Counsel advised Commissioner Bourguignon to abstain from voting on this item. Commissioner Bourguignon agreed. A MOTION WAS MADE BY WILLIAMS, SECOND BY MOUNTFORD, TO APPROVE TENTATIVE TRACT NO. 13527(R) AN AMENDMENT TO CONDITION OF APPROVAL NUMBER 2 AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Kirkland NOES: Ortega, Leipzig ABSENT: None ABSTAIN: Bourguignon MOTION PASSED B-6 CONDITIONAL USE PERMIT NO. 90-37 AND APPEAL OF COASTAL DEVELOPMENT PERMIT NO. 90-21 APPLICANT: CITY OF HUNTINGTON BEACH/CALIFORNIA RESORTS LOCATION: 300 Pacific Coast Highway (northeast corner of Pacific Coast Highway and Main Street) Coastal Development Permit No. 90-21 was approved by the Zoning Administrator on June 13, 1990. It was a request to modify Coastal Development Permit No. 88-3 for the Pierside Pavilion by substituting 8,000 square feet of restaurant space for 8,000 square feet of previously approved retail space. Commissioner Leipzig appealed the Zoning Administrator's action based on concerns with traffic and parking, and citizen concern. Subsequent to the filing of the appeal, the City and California Resorts initiated Conditional Use Permit No. 90-37, to amend the original Conditional Use Permit for Pierside Pavilion (No. 88-7), which was approved concurrently with Coastal Development Permit No. 88-3. The modified conditional use permit will also accommodate the additional restaurant square footage. PC Minutes 7/17/90 -27- (6867d) ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 15301, Section 1 of the California Environmental Quality Act. COASTAL STATUS• The proposed project is in the non -appealable portion of the Coastal Zone. Coastal Development Permit No. 88-3 was processed for the original Pierside Pavilion project. The applicant wishes to increase the restaurant square footage and decrease the retail square footage, thereby increasing the number of parking spaces required. Therefore, a new Coastal Development Permit was required to address the increased intensity, pursuant to Section 989.5.3.1(b) of the Huntington Beach Ordinance Code. REDEVELOPMENT STATUS: The site is located in the Main -Pier Redevelopment Project Area. SPECIFIC PLAN• The site is located in the Downtown Specific Plan Area. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: 1. Deny the Appeal, thereby approving Coastal Development Permit No. 90-21 with findings; 2. Approve Conditional Use Permit No. 90-37 with findings and conditions of approval. A MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA, TO CONTINUE THE PUBLIC HEARINGS AFTER 11:00 P.M., BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford ABSTAIN: None MOTION PASSED THE PUBLIC HEARING WAS OPENED Debbie Cook, 6692 Shetland Circle, spoke in opposition. She feels there is insufficient parking in the Downtown Redevelopment area. Bob Biddle, 1710 Pine Street, stated that the change of use was not necessary and would be detrimental to the area. PC Minutes 7/17/90 -28- (6867d) Doug Langevin, 8196 Pawtucket Drive, claimed he was exluded from notification of the nights meeting. He also stated he did not understand the generation of 47 parking spaces. He felt the subleasing calculation for Jan's Health Food Bar were not accurate. He also questioned the ability of the public to differentiate between the valet parking and regular parking spaces. Dick Harlow, California Resorts representative, discussed the substitution of 8,000 square feet of restaurant space for 8,000 square feet of previously approved retail space. He also explained that there will be a professional parking management company at all times. A discussion regarding parking ensued among the Commissioners, concerning tandem and valet parking. They were concerned about citizens telling the difference between normal parking and valet parking. A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND TO CONTINUE CONDITIONAL USE PERMIT NO. 90-37 AND APPEAL OF COASTAL DEVELOPMENT PERMIT NO. 90-21 TO THE JULY 24, 1990 PLANNING COMMISSION MEETING IN ORDER FOR STAFF TO ANSWER SOME QUESTIONS THAT AROSE AMONG THE COMMISSIONERS, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None . ABSENT: Mountford (out of room) ABSTAIN: None MOTION PASSED C. CONSENT CALENDER None D. NON-PUBLIC HEARING ITEMS D-1 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 88-26 - STAFF RECOMMENDATION: APPLICANT: ARTHUR AND NONA NELLES LOCATION: 8311 Rolf Circle The applicant has requested a second extension of time for Conditional Use Permit No. 88-26 for a 650 square foot second unit (Granny Unit) to an existing single family home. The conditional use permit was initially approved by the Planning Commission on October 4, 1988. A 9-mcnth extension of time, due to illness, was granted on November 7, 1990. That extension of time expired on July 4, 1990. The applicant presently has plans in plan check and PC Minutes 7/17/90 -29- (6867d) requires an additional extension of time in order to pull building permits. Staff feels that three months will be sufficient for the applicant to clear plan check and pull permits. Section 9843.4 of the Huntington Beach Ordinance Code requires that actual construction must begin within one year of the final approval date. However, the code specifies that the Planning Commission may grant extensions of time, not to exceed one year, upon written request by the applicant. STAFF RECOMMENDATION: Approve a three-month extension of time for Conditional Use Permit No. 88-26 (to October 17, 1990) with all previous conditions of approval to remain in effect. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 88-26 WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford ABSTAIN: None MOTION PASSED D-2 PLANNED SIGN PROGRAM NO. 90-22 - Applicant: Solberg & Lowe Architects APPLICANT: SOLBERG & LOWE ARCHITECTS LOCATION: 300 Pacific Coast Highwy (northeast corner of Pacific Coast Highway and Main Street) Planned Sign Program No. 90-22 is a request for a sign program at Pierside Pavilion, pursuant to Section 9610.6 of the Huntington Beach Ordinance Code. The sign program will allow individual tenants to pull permits for signs that comply with criteria. The sign program is intended to provide Pierside Pavilion with a coordinated plan that is compatible with the surroundings and communicates information effectively. STAFF RECOMMENDATION: Approve Planned Sign Program No. 90-22 with findings and conditions of approval. PC Minutes 7/17/90 -30- (6867d) A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE PLANNED SIGN PROGRAM NO. 90-22 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 90-22: 1. Planned Sign Program No. 90-22 will provide for signage that reflects a common theme for the Pierside Pavilion development, incorporating similar design elements in terms of materials, colors, illumination, and sign type. 2. Planned Sign Program No. 90-22 provides for signs that will be compatible with the architectural style and colors of the building. 3. The signs will be compatible with other signs in the surrounding area and with the Downtown Design Guidelines. CONDITIONS FOR APPROVAL - PLANNED SIGN PROGRAM NO, 90-22: 1. The sign program dated June 19, 1990 shall be the approved program, with the following modifications: a. Allow for raceways which are architecturally compatible with the building when it is necessary for structural reasons, and upon approval by the owner and project architect. b. Allow logo height of 24 inches, provided the overall area of the sign is within the permitted maximum square footage. c. Allow increased letter height for the theater marquee sign to be located on the tower facing Pacific Coast Highway. Since the sign is located on the third to fourth level above the street, a larger letter size would provide for appropriate scale and readability. 2. The location of the proposed signs shall be generally as shown on the elevations dated May 24, 1990. 3. Any proposed sign that does not comply with the standards of Planned Sign Program No. 90-22 shall be subject to review by the Design Review Board and approval of a Special Sign Permit by the Planning Commission. PC Minutes 7/17/90 -31- (6867d) D-3 PLANNED SIGN PROGRAM N0, 90-8: APPLICANT: ARCHITECTURE & PLANNING LOCATION: 16672 Beach Boulevard Planned Sign Program 90-8 is a request for a sign program at Marshall's Mall pursuant to Section 9610.6 of the Huntington Beach Ordinance Code. The sign program will allow the transfer of sign area between tenants and allow up to a maximum of 200 square feet of sign area for major tenants. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 15311, Section 11 of the California Environmental Quality Act. DESIGN REVIEW BOARD: The Design Review Board met on April 19, 1990, to review the shopping center remodel and proposed sign program. The applicant presented typical elevations, proposed criteria. The Board voted 4 to 0 to recommend approval of the Planned Sign Program as presented. STAFF RECOMMENDATION: Approve Planned Sign Program No. 90-8 with findings and conditions of approval A MOTION WAS MADE BY KIRKLAND, SECOND BY LEIPZIG TO CONTINUE PLANNED SIGN PROGRAM NO. 90-8 TO THE JULY 24, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford ABSTAIN: None MOTION PASSED D-4 ZONING CODE REWRITE COMMITTEE Recently, the consulting firm of Blayney-Dyett was hired to rewrite the City's zoning ordinance. In an effort to facilitate the process, the staff has agreed with the suggestion to form an Ad -Hoc Committee comprised of one Council member, two Planning Commissioners and one Design Review Board member. It is anticipated that the first meeting will be held on August 1, 1990, 4:00 P.M. - 6:00 P.M. The staff is recommending that two commissioners and an alternate be appointed to the committee. PC Minutes 7/17/90 -32- (6867d) Commissioners Mountford and Bourguignon appointed to the committee, with Commissioner Williams appointed as the alternate. D-5 CONDITIONAL USE PERMIT NO. 89-53/AMENDED TENTATIVE TRACT NO. 14177 APPLICANT: SUMMERHILL DEVELOPMENT COMPANY LOCATION: 8186 Constantine Drive (south side of Constantine Drive approximately 500 feet east of Vicent Drive) The Summerhill Development Co. is requesting the Planning Commission to review the previously approved 35-unit residential condominium project as required by Condition No. l.f of Conditional Use Permit No. 89-53. Condition No. l.f requires Planning Commission review of modification to the project directed by the Planning Commission as part of their approval. In order to comply with conditions of approval, the Summerhill Development Co. has reduced the number of units from 35 to 34 condominiums. In addition, the applicant is requesting review of the roof decks and proposed security gate system. ENVIRONMENTAL STATUS: This project is covered by Negative Declaration No. 89-46 which was approved by the Planning Commission on January 9, 1990. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 89-53 and Amended Tentative Tract No. 14177 with revised findings and conditions of approval. A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 89-53 AND AMENDED TENTATIVE TRACT NO. 14177 WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL"USE PERMIT NO 89-53: 1. The establishment of a 34-unit condominium project will not be detrimental to the general welfare of persons residing or working in the vicinity, nor detrimental to property and improvements in the vicinity because the project is compatible with the surrounding area. PC Minutes 7/17/90 -33- (6867d) 2. The proposal for a 34-unit condominium project is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The location, site layout, and design of the proposed 34-unit residential condominium complex properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner as modified by special permits. 4. The access to and parking for the proposed 34-unit residential condominium complex does not create an undue traffic problem. 5. The reduction of the planned residential development from 35 to 34 units conforms to the provisions contained in Article 915 and will be compatible with surrounding properties. FINDINGS FOR APPROVAL - REVISED TENTATIVE TRACT MAP NO, 14177: 1. The size, depth, frontage and other design features of the proposed one lot subdivision for 34 condominium units are in compliance with the standard plans and specifications on file with the City as well as with the State Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for Medium Density Residential (15 units per acre) development at the time the General Plan designation was placed on the site, and will accommodate the development of 34 condominiums. 3. The site is physically suitable for the proposed density of 13.7 units per gross acre. 4. The General Plan has set forth provisions for this type of land use as well as objectives for the implementation of this type of housing. 5. Revised Tentative Tract Map No. 14177 is consistent with the goals and policies of the Huntington Beach General Plan. 6. The minimum actual tape measure distance between the buildings is 10 feet although a technical interpretation of the site plan indicates an 8 foot side to side separation. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 89-53: 1. The site plan and roof deck plan dated received July 3, 1990, and the floor plans and elevations dated received December 22, 1989, shall be the conceptually approved layout with the following modifications: a. Minimum sideyard setback shall be 5 feet on the East side and 10 feet on the West side for Buildings 1 and 5. PC Minutes 7/17/90 -34- (6867d) b. Minimum side to side setback shall be 10 feet except for end units which may be reduced to 8 feet. c. Maximum height to the peak of the highest roof shall be 40 feet. d. The precise configuration of security gates shall be subject to the review and approval of Fire, Public Works and Community Development Departments. e. Spa or other recreational amenity to be included in each unit subject to approval of the Director of Community Development. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site 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. 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. d. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, with the application for building permit(s). e. Elevations shall depict: 1. Colors and building materials proposed. 2. Digital/key automatic garage door openers shall be provided on the garage doors for each unit. 3. Automatic roll -up garage doors. f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. PC Minutes 7/17/90 -35- (6867d) g. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. j. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. PC Minutes 7/17/90 -36- (6867d) 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. Perimeter fencing plans for review and approval which depict decorative materials. h. Gated entryway (access control devices) dimensioned plans to the Public Works and Community Development Departments. A "statement of architecture" should be incorporated to highlight the theme of the development. Said gated entryway shall comply with Fire Department Standard 403. Prior to the installation of any gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works departments. i. Landscaping within public right-of-way shall be maintained by the Homeowner's Association. 4. Fire Department Requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system will 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 c. Three fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. 3,000 GPM is needed for fireflow. d. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. e. Security gates will be designed to comply with Huntington Beach Fire Department Standards No. 403. f. Address numbers Beach Fire Code the following: will be installed to comply with Huntington Standards. The size of the numbers will be PC Minutes 7/17/90 -37- (6867d) 1. The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. 2. Individual unit address numbers will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. g. Show on plans the dimensions for fire access. Includes 24' or 27' fire lanes, turnarounds and 17' by 45' radius turns. h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #426. 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. During construction, the applicant shall: a. Wet down areas in the late morning and after work is completed for the day; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); c. Discontinue construction during second stage smog alerts. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. If dewatering is necessary at the site during construction and the discharge of dewatering wastes to surface waters is proposed, an NPDES permit (waste discharge requirements) or a waiver must be obtained from this office prior to initiating the discharge. Please note that the processing of an NPDES permit may take as long as 180 days from the date the permit application is accepted as complete. 10. Should any cultural materials be encountered during the initial site survey of during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 11. 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 Municipal Code. any abandonment of existing wells must be to current standards as well. PC Minutes 7/17/90 -38- (6867d) [1 12. 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. 13. The project site area must be sampled and monitored for methane gas and the results of the tests must be submitted to the Fire Department for evaluation. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14177: 1. The revised tentative tract map dated received July 3, 1990, shall be the approved layout. 2. Public Works requirements are as follows: a. All vehicular access rights to Constantine Drive shall be released and relinquished to the City except at locations approved by the Planning Commission. b. If a security gate system is ever to be proposed, the design configuration shall be approved by the Public Works Department prior to tentative map approval. c. Red curb will be required on Constantine Drive at the entrance. Sight distance calculations shall be submitted by the developer's engineer to the Public Works Department for approval. d. Damaged and deteriorated public improvements on Constantine Drive shall be reconstructed per Public Works standards and requirements. e. Constantine Drive street cross-section shall be shown on the Tentative Map. f. On -site streets shall be private and constructed per Public Works Standards (24' minimum pavement width, not including curb and gutter). g. On -site sewers shall be private. h. Hydrology and hydraulic calculations shall be submitted to the Public Works Department for approval. i. Soils report and grading plan required. j. Developer to submit water improvement plans for approval by the Public Works Department showing all water services, fire hydrants, fire services and backflow devices. PC Minutes 7/17/90 -39- (6867d) LJ k. The water system shall be located within vehicular travelways and dedicated to the City. The developer/homeowner's association shall be held responsible for repairing and enhanced pavement, if the water mains, etc. require maintenance or repair. 1. Developer will be responsible for payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan, with a tentative date of April, 1990. M. Submit hydraulic calculations to ensure water system adequacy and line sizing. n. The developer shall construct a separate system for reclaimed water use (Green Acres) to irrigate landscaped areas. o. Water system shall be looped, no dead ends. Water system to be installed per Public Works Department and Fire Department standards, ordinances and policies. 3. At least 60 days prior to recordation of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES The Redevelopment Agency is conducting two public workshops concerning the Pierside Restaurant project, in an effort to properly receive and address all interested parties' questions and concerns regarding the EIR and the project in general. Chairwoman Ortega appointed three (3) Commissioners to participate in the public workshop they are as follows: Ed Mountford, Geri Ortega, Kirk Kirkland. G. PLANNING COMMISSION ITEMS Chairwoman Ortega: Requested staff to provide information on conducting a workshop for the Commissioners regarding EIR's and CEQA, which would include State and County Representives. Commissioner Bourguignon: Commented on a national meeting in the midwest regarding residential sprinkler systems and grading. PC Minutes 7/17/90 -40- (6867d) 1 H. COMMUNITY DEVELOPMENT ITEMS Mike Adams reiterated action taken at the City Council meeting held 7/16/90. I. ADJOURNMENT A MOTION WAS MADE AT 12:20 BY KIRKLAND, SECOND BY ORTEGA, TO ADJOURN TO A 5:30 STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), TUESDAY, JULY 24, 1990, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: Mountford ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: �f_ f Mike Adams, Secr tary Planning Commissiorl Chairwoman PC Minutes 7/17/90 -41- (6867d)