HomeMy WebLinkAbout1990-11-06APPROVED 2-20-!
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
November 6, 1990
Council Chambers
2000 Main Street
Huntington Beach,
STUDY SESSION - 5:30 PM
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
- Civic Center
California
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.
John Tillotson, (Applicant Item B-2 Third Block West), thanked
the Commission for hearing his request and said he would be
available to answer any questions they may have.
Debbie Cook, 6692 Shetland Circle, stated that although the
public hearing would not be opened for the Pierside Project,
the public must still be heard. Ms. Cook said the land
involved in the request is held in public trust and it shows a
lack of respect when citizens' views are not considered. She
stated that the Planning Commission has an obligation to the
City not the Redevelopment Agency. Ms. Cook also questioned
the economic benefit to the City, and why the developer did
not define the outdoor eating areas.
Art Aviles, 19553 Vasile Circle, President Chamber of
Commerce, stated their group had been given a presentation of
the Pierside Development and they had been very impressed. He
feels this project will help support the downtown area, and is
in favor of it.
Jonathon Chodos, 306 Third Street, stated that he was
available to answer any questions regarding the Pierside
Project. Mr. Chodos said that the lease of the land was not
an issue that should be considered when making their
decision. There was also a discussion between Mr. Chodos and
the Commission regarding the width of the walkways and the
cost of building a subterranean parking structure.
John Belsher, 1010 Peach Street, spoke regarding the Third
Block West Project. He felt that the RFP submitted had
changed drastically creating more residential and less
neighborhood commercial services. Mr. Belsher also stated
that there had been no changes to the project since the last
hearing and the cost to the Redevelopment Agency had been
increased.
Jerry Galich, 939 Tenth Street, spoke in favor of the Pierside
Project. He stated that if it was scaled down a little it
might be a better project, but he felt it was a necessary
improvement to the downtown area.
Greg Parker, 16952 Bedford Lane, spoke in favor of the
Pierside Project. He stated that he has a busy schedule and
enjoys sitting in a restaurant and looking at the beach. Mr.
Parker said that the issue was not building on the beach since
the project will not interfere with the sand. He also stated
that it is part of the Downtown Element and will upgrade the
area, increase City income and improve property values.
Bob Mandic, 1112 Main Street, spoke in regards to the Third
Block Project. Mr. Mandic feels this area could be considered
a unique opportunity to give to the community, rather than
visitors. He also questioned the RFP process, and feels the
project will not be beneficial to the City.
Laurie Haynes, 9362 Folkstone Circle, read a letter written by
her daughter (Holly) who opposes the Pierside Project. Holly
asked those who can vote to consider the effects such a
project will have on the future generation, the ones who
cannot vote yet. She stated she did not feel it was right to
build on the beach, and to consider the children when they
make their decision.
John Newcomb, 2800 Lafayette, (Applicant Item B-2 Third Block
West), stated that thus far he had followed all the correct
procedures and urged the Commission to approve the request.
Mr. Newcomb also stated he was available for any questions.
Gloria Treece, 505 Lake Street, thanked the Commission for
acknowledging their constitutional right to speak. Ms. Treece
spoke in opposition to the Pierside Project. She feels the
new project does not retain any of the old Huntington Beach.
She also stated a boardwalk would be more feasible than
restaurants, and the projects downtown should give more to the
local residents.
PC Minutes - 11/6/90 -2- (8021d)
B. PUBLIC HEARING ITEMS
A MOTION WAS MADE BY KIRKLAND, SECON BY ORTEGA TO MOVE ITEMS B-3 AND
B-6 TO THE FRONT OF THE AGENDA, AND HEAR THE REMAINING ITEMS IN THE
ORDER THEY APPEAR, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
Williams, Ortega, Kirkland,
B-3 CONDITIONAL USE PERMIT NO, 90-48 (CONTINUED FROM THE OCTOBER
23, 1990 PLANNING COMMISSION MEETING):
APPLICANT: CHARTER SERVICE CORPORATION
LOCATION: 501 Main Street (southwesterly corner of Main
Street and Sixth Street)
Conditional Use Permit No. 90-48 was continued from the October 23,
1990 Planning Commission meeting in order to re -advertise and notify
the 73 condominium owners who reside above the commercial area in
the Town Square Project. Conditional Use Permit No. 90-48 is a
request by Charter Service Corporation to establish an approximately
2,100 square foot market/liquor store in the existing Town Square
mixed use project located at the southwesterly corner of Main Street
and Sixth Street pursuant to Section 4.8.01(b) of the Downtown
Specific Plan.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional
Use Permit No. 90-48 with findings and conditions of approval.
A MOTION WAS MADE BY ORTEGA, SECOND BY KIRKLAND, TO CONTINUE
CONDITIONAL USE PERMIT NO. 90-48 AT THE APPLICANT'S REQUEST TO THE
DECEMBER 4, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
Williams, Ortega, Kirkland,
PC Minutes - 11/6/90 -3- (8021d)
B-6 USE PERMIT NO. 90-62:
APPLICANT: DON FINNEGAN
LOCATION: 18151 Beach Boulevard (west side of Beach Boulevard
approximately 330 feet north of Taylor Drive)
Use Permit No. 90-62 is a request for an automobile sales and leasing
office with administrative offices for Enterprise Rent-A-Car/Leasing
pursuant to Section 9220(c)A of the Huntington Beach Ordinance Code.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Use Permit No.
90-62 with findings and conditions of approval.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND
THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY KIKRLAND, SECOND BY BOURGUIGNON, TO APPROVE USE
PERMIT NO. 90-62 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES: Shomaker, Mountford,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
Williams, Ortega, Kirkland,
FINDINGS FOR APPROVAL - USE PERMIT NO, 90-62:
1. The location, site layout, and design of the proposed automotive
sales and leasing properly adapts the proposed structures to
streets, driveways, and other adjacent structures and uses in a
harmonious manner. The proposed site accommodates the proposed
uses with excess space remaining.
2. The combination and relationship of one proposed to another on a
site are properly integrated. The proposed site accommodates
the proposed uses with excess space remaining.
3. The access to and parking for the proposed automotive sales and
leasing does not create an undue traffic problem. Access to the
site will be taken from an existing drive aisle and the
applicant is proposing parking in excess of code requirement. A
reciprocal access and parking agreement shall also be required
for future development.
1
n
PC Minutes - 11/6/90 -4- (8021d)
4. The establishment of the automobile sales and leasing with
administrative offices will not be detrimental to the general
welfare of persons working or residing in the vicinity because
the proposed use is similar or identical to the uses in the
surrounding area.
5. The establishment of the automobile sales and leasing with
administrative offices will not be injurious to property or
improvements in the vicinity of such use or building. The
applicant proposes to use the existing building and driveway.
No new construction or major alterations are proposed.
6. The granting of Use Permit No. 90-62 will not adversely affect
the general plan of the City of Huntington Beach because the
general plan encourages the rational use of land, and the use is
compatible with the surrounding automotive dealerships and with
the general commercial land use designation in the general plan.
CONDITIONS OF APPROVAL - USE PERMIT NO, 90-62:
1. The site plan received and dated October 26, 1990, floor plans
and elevations received and dated September 21, 1990 shall be
the approved layout with the following modifications:
a. The site plan shall show a minimum of 10 customer parking
spaces and 34 employee parking spaces clearly marked as
such. Excess parking shall be divided between employee and
customer parking, as needed.
2. Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Floor plans shall depict natural gas and shall be stubbed in
at the locations of water heaters, and central heating units;
and low -volume heads shall be used on all spigots and water
faucets.
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
lamps or similar energy savings lamps shall be
outside lighting shall be directed to prevent
adjacent properties and shall be noted on the
elevations.
sodium vapor
used. All
"spillage" onto
site plan and
PC Minutes - 11/6/90
-5-
(8021d)
3.
4.
e. The site plan shall include (or reference page) all
conditions of approval imposed on the project printed
verbatim.
Prior to issuance of building permits, the applicant/owner shall
complete the following:
a. Submit copy of the revised site plan, floor plans and
elevations pursuant to Condition No. 1 for review and
approval and inclusion in the entitlement file.
b. A Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and
must be approved. The Landscape Construction Set shall
include a landscape plan prepared and signed by a State
Licensed Landscape Architect and which includes all
proposed/existing plant materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of
approval. The landscape plans shall be in conformance with
Section 9608 and 9220.9 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. All applicable Public Works fees shall be paid.
d. Submit a Parking Management Plan for review and approval by
the Community Development Department which contains parking
space designations for employees and customers. All spaces
shall be clearly marked..
e. The subject property shall enter into irrevocable reciprocal
driveway and parking easement(s) between the subject site and
adjacent properties to the north and south. 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. The locations shall be
as indicated on the approved site plan (see Attachment No. 3).
The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
5. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off -site facility equipped to handle them.
6. Installation of required landscaping and irrigation systems shall
be completed prior to final inspection/within twelve (12) months.
PC Minutes - 11/6/90 -6- (8021d)
7. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.
8. 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 brought into compliance with the
Huntington Beach Ordinance Code. (Article 961)
c. The applicant shall restripe the parking lot so that it
conforms to provisions of Article 960 of the Huntington Beach
Ordinance Code.
d. All improvements (including landscaping) to the property
shall be completed in accordance with the approved plans and
conditions of approval specified herein.
e. Compliance with all conditions of approval specified herein
shall be accomplished.
9. The Planning Commission reserves the right to revoke this use
permit if any violation of these conditions or the Huntington
Beach Ordinance Code occurs.
10. This use permit 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.
11. The applicant/property owner shall be responsible for paying the
Traffic Impact Fee prior to issuance of a Certificate of
Occupancy and/or final building permit approval.
12. The applicant/property owner shall be responsible for paying the
water department fee prior to issuance of Building Permits.
13. The applicant/property owner will be responsible for the payment
of any additional fees adopted in the "upcoming" Water Division
Financial Master Plan.
14. Landscape irrigation system shall be designed and constructed to
include a separate water line for the use of reclaimed water
subject to Water Department approval.
15. No outdoor public address system or bells shall be permitted.
16. All employee and customer parking shall be clearly marked.
PC Minutes - 11/6/90 -7- (8021d)
17. All cars for sale shall be located within the area indicated on
the approved site plan. Employee and customer parking shall not
be used for automobile sales display.
18. If car carriers are used to deliver automobiles for sale or
leasing, all loading and unloading shall be done on site. At no
time shall loading or unloading take place on Beach Boulevard.
19. A maximum of 45 automobiles for sale may be displayed on -site at
any given time.
20. The car sales function shall cease no later than 10:00 PM.
21. At no time shall auto body work or major automobile repair be
permitted on -site.
22. If the applicant should wish to expand the uses, have minor
automobile repair, or dispense fuel on -site a use permit shall be
required and shall be subject to uses and standards allowed
within the district at that time.
B-1 CONDITIONAL USE PERMIT NO 90-17/COASTAL DEVELOPMENT PERMIT N0,
90-18/FINAL ENVIRONMENTAL IMPACT REPORT NO 90-2 (CONTINUED FROM
THE OCTOBER 23 1990 PLANNING COMMISSION MEETING):
APPLICANT: CITY OF HUNTINGTON BEACH
REDEVELOPMENT AGENCY/
PIERSIDE RESTAURANT DEVELOPMENT
LOCATION: Ocean side of Pacific Coast Highway
between main Street and First
Street (southwest of the pier)
This item was automatically continued from the Planning Commission
meeting of October 23, 1990, due to a 3-3 vote on a motion to approve
the project. A 3-3 vote on any motion constitutes no action, and
results in automatic continuance to the next scheduled Planning
Commission meeting.
The public hearing was opened and closed on October 23, 1990 and the
Planning Commission completed their deliberations. The applicant
agreed to the conditions of approval as outlined by staff, including
reduction of the project square footage from 53,750 square feet to
48,522 square feet.
As a result of discussions during the public hearing, staff is also
recommending that the applicants incorporate a refacade of Lifeguard
Headquarters, to be compatible with the proposed project. In
addition, the project may be subject to design modifications to be
compatible with the proposed pier plaza project. The casual
restaurant should also be relocated adjacent to the pier plaza on the
lower level to maintain the approximately 1,000 foot spacing between
concessions.
PC Minutes - 11/6/90 -8- (8021d)
STAFF RECOMMENDATION:
A. Adopt and certify as adequate Final Environmental Impact Report
No. 90-2 by adopting Planning Commission Resolution No. 1437 with
Mitigation Measures, Statement of Overriding Considerations, and
Findings and Facts in Support of Findings;
B. Approve Coastal Development No. 90-18 with findings; and
C. Approve Conditional Use Permit No. 90-17 as modified by staff with
findings and suggested conditions of approval.
The public hearing was closed on October 23, 1990.
Mike Adams, Director of Community Development, stated to the
Commission that at the October 23, 1990 public hearing there were many
emotional statements, and few facts represented. He explained that
this project will set the stage for the entire downtown. Mr. Adams
said that this project, which has been in place since 1982, will
increase parking and access and also incorporate new view areas.
Commissioner Ortega questioned Mr. Adams about the Economic Analysis
which she had requested. Mr. Adams explained that it was not
pertinent to their decision, they were to look at the Land Use aspects.
Commissioner Ortega asked counsel if there was an escape clause for
the State body, built into the 1986 lease. Counsel explained the City
was considering an amendment to the lease, but that issue was not the
Commission's.
Commissioner Williams discussed the effects that Measure C, which was
on the ballot this evening, may have on the project. Mr. Adams
explained that the Commission has a duty to respond in a timely
matter, and if Measure C does pass this project would still have to go
through the Commission.
Commissioner Mountford asked Mr. Adams, if the City owns the land,
could they not hire and build on their own, not needing to lease? Mr.
Adams explained that this mechanism is not pertinent to this night's
decision. They must only consider the Land Use element.
Commissioner Kirkland stated it would be a malfeasance of their sworn
duty to serve the people of Huntington Beach if they did not vote yes
or no on this project. He stated that it would be irresponsible for
them to vote for a continuance.
Commissioner Shomaker spoke against a continuance stating it would be
unexcusable.
Commissioner Leipzig stated he accepted staff's statements and agrees
financial matters and legal matters are not for the Commission's
review. He does however, support a continuance believing the project
needs more changes and alternative sites.
PC Minutes - 11/6/90 -9- (8021d)
Commissioner Bourguignon stated that although he was not present at
the October 23, 1990 Planning Commission meeting he did watch the
video tape and feels qualified to vote.
A MOTION WAS MADE BY WILLIAMS, SECOND BY ORTEGA TO CONTINUE
CONDITIONAL USE PERMIT NO. 90-17, COASTAL DEVELOPMENT PERMIT NO.
90-18, FINAL ENVIRONMENTAL IMPACT REPORT NO. 90-2 TO THE NEXT
SCHEDULED PLANNING COMMISSION MEETING, TO ALLOW TIME FOR CHANGES TO BE
INCORPORATED AND IF MEASURE C PASSED ALLOW THE PEOPLE OF THE CITY TO
DECIDE, BY THE FOLLOWING VOTE:
AYES: Williams, Ortega, Leipzig
NOES: Shomaker, Mountford, Kirkland, Bourguignon
ABSENT: None
ABSTAIN: None
MOTION FAILED
A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO ADOPT AND
CERTIFY AS ADEQUATE FINAL ENVIRONMENTAL IMPACT REPORT NO. 90-2 BY
ADOPTING PLANNING COMMISSION RESOLUTION NO. 1437 WITH MITIGATION
MEASURES, STATEMENT OF OVERRIDING CONSIDERATIONS, AND FINDINGS AND
FACTS IN SUPPORT OF FINDINGS, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Williams, Ortega, Leipzig
ABSENT: None '
ABSTAIN: None
MOTION PASSED
RESOLUTION NO. 1437
A RESOLUTION OF THE HUNTINGTON BEACH
PLANNING COMMISSION ADOPTING AND CERTIFYING
ENVIRONMENTAL IMPACT REPORT NO. 90-2:
PIERSIDE RESTAURANT DEVELOPMENT
WHEREAS, Environmental Impact Report No. 90-2 and related
entitlements have been prepared; 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 public hearings held on August 21, 1990,
October 2, 1990, October 23, 1990 and November 6, 1990, and such
comments were duly noted and responded to.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of
the City of Huntington Beach as follows:
PC Minutes - 11/6/90 -10- (8021d)
SECTION 1: The Planning Commission does hereby find that
Final Environmental Impact Report No. 90-2 was prepared in
accordance 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.
90-2, 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, that some
of the potentially adverse impacts associated with the proposed
project can be eliminated or reduced to a level of insignificance,
and has made appropriate findings (see Exhibit B).
SECTION 4: The Planning Commission further finds that the
benefits accruing to the City by virtue of implementing the Downtown
Specific Plan, override the unmitigable effects outlined in
Environmental Impact Report No. 90-2, as detailed in the Statement
of Overriding Considerations (see Exhibit C).
SECTION 5: The Planning Commission of the City of Huntington
Beach does hereby adopt and certify as adequate Environmental Impact
Report No. 90-2.
SECTION 6: The Planning Director is hereby authorized and
directed to file with the Office of the County Clerk and the State
Office of Planning and Research a notice of determination for
Environmental Impact Report No. 90-2, as required by Section 15094
of the California Environmental Quality Act Guidelines.
PASSED AND ADOPTED by the Planning Commission of the City of
Huntington Beach at a regular meeting thereof held on the sixth day
of November, 1990.
Michael C. Adams, Secretary Planning Commission Chairwoman
MITIGATION MEASURES
1. Windows shall be shaded and/or recessed to the extent feasible
to reduce glare.
2. Outdoor lighting shall utilize energy savings lamps. All
outside lighting shall be directed to prevent "spillage" onto
the beach and Pacific Coast Highway, and shall be noted on the
site plan and elevations.
3. A final 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
PC Minutes - 11/6/90 -11- (8021d)
be in conformance with Section 9608 and the Downtown Specific
Plan of the Huntington Beach Ordinance Code. The set must be
approved by both departments prior to issuance of building
permits.The existing mature palm trees on -site shall be stored
and returned to the site, and incorporated into the project's
landscape plan.
4. Prior to issuance of demolition permits for Maxwell's, the
history and architecture of the building shall be recorded to
the standards of the Historic American Buildings Survey (HABS).
This includes the preparation of a detailed historical
narrative, and complete graphic documentation of the building
through large format photography. Historic photographs and
building plans are also reproduced for the HABS record, which
ultimately is curated in the Library of Congress. Since the
significance of the structure is historical rather than
architectural, oral history in addition to archival records are
required.
5. The plans for the project shall incorporate a means of
memorializing the existing Maxwell's structure. Such measures
could include placement of a commemorative plaque on or near the
site, development of an exhibit either on or off site (e.g. at a
local historical museum, public library or City Hall), and/or
development of a publication interpreting the role of the
Pavilion in the history of the City, prepared by a qualified
historian. The proposed measure(s) shall be reviewed and
approved by the Director of Community Development prior to
issuance of building permits.
CEQA STATEMENT OF FINDINGS AND FACTS
ENVIRONMENTAL IMPACT REPORT NO. 90-2
(PIERSIDE RESTAURANT DEVELOPMENT)
CONDITIONAL USE PERMIT NO. 90-17/
COASTAL DEVELOPMENT PERMIT NO. 90-18
Background:
The California Environmental Quality Act (CEQA) and the State CEQA
Guidelines provide:
"No public agency shall approve or carry out a project for which
an EIR has been completed which indentifies one or more
significant environmental effects of the project unless the
public agency makes one or more written findings for each of
those significant environmental effects accompanied by a brief
explanation of the rationale for each finding" (Section 15091,
CEQA Guidelines).
The possible findings are:
PC Minutes - 11/6/90 -12- (8021d)
1
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or
substantially lessen the significant environmental effect
as identified in the Final EIR. Hereafter referred to as
Finding 1.
2. Such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the
agency making the finding. Such changes have been adopted
by such other agency. Hereafter referred to as Finding 2.
3. Specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives
identified in the final EIR. Hereafter referred to as
Finding 3.
The City of Huntington Beach is considering approval of Conditional
Use Permit No 90-17 and Coastal Development Permit No. 90-18.
Because the proposed actions constitute a project under the CEQA
guidelines, the City of Huntington Beach has prepared an
Environmental Impact Report. This Environmental Impact Report has
identified certain significant effects which may occur as a result
of the project. Further, the City desires to approve this project
and, after determining that the EIR is complete and has been
prepared in accordance with CEQA and the Guidelines, the findings
set forth herein are made:
EFFECTS DETERMINED NOT TO BE SIGNIFICANT:
The City of Huntington Beach prepared an Initial Study to identify
the effects of the proposed project which are and are not
potentially significant. Those topics determined not to be
significant are listed below. In addition, Environmental Impact
Report No. 90-2 concludes that impacts in the areas of shade and
shadow, and traffic/parking are not significant. These are also
listed below:
Air
Water
Plant Life
Animal Life
Noise
Energy
Public Services
Traffic/Parking
Land Use
Human Health
Natural Resources
Risk of Upset
Population
Recreation
Shade/Shadow
Housing
Utilities
Earth/Liquification, Tsunamis
EFFECTS DETERMINED TO BE MITIGATED TO A LEVEL OF INSIGNIFICANCE:
Effect #1
The addition of on -site lighting and reflective building windows
would increase the amount of light and glare emanating from the site.
PC Minutes - 11/6/90
-13-
(8021d)
Finding
Finding #1 - Changes or alterations
incorporated into, the project which
the significant environmental effect
Environmental Impact Report.
Facts in Support of Finding
have been required in, or
avoid or substantially lessen
as identified in the Final
The significant effect has been substantially lessened by virtue of
the following mitigation measures identified in the Final
Environmental Impact Report and incorporated into the project as
conditions of approval:
1. Windows shall be shaded and/or recessed to the extent feasible
to reduce glare.
2. Outdoor lighting shall utilize energy savings lamps. All
outside lighting shall be directed to prevent "spillage" onto
the beach and Pacific Coast Highway, and shall be noted on the
site plan and elevations.
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE
PROJECT IS IMPLEMENTED:
Effect #1
Project implementation would result in the demolition of the
historic Pavalon (Pavilion) building, currently used for Maxwell's
restaurant. This building is potentially eligible for the National
Register of Historic Places, and is considered an historical
resource of the City of Huntington Beach.
Finding
Finding #3 - Specific social, economic, or other considerations make
infeasible the mitigation measures and alternatives identified in
the Final Environmental Impact Report.
Facts in Support of Finding
There are no measures which can fully mitigate the adverse impacts
to the integrity of the historic building if the structure is
demolished. The following measures will reduce impacts to the
extent feasible:
PC Minutes - 11/6/90 -14- (8021d)
4. Prior to issuance of demolition permits for Maxwell's, the
history and architecture of the building shall be recorded to
the standards of the Historic American Buildings Survey (NABS).
This includes the preparation of a detailed historical
narrative, and complete graphic documentation of the building
through large format photography. Historic photographs and
building plans are also reproduced for the HABS record, which
ultimately is curated in the Library of Congress. Since the
significance of the structure is historical rather than
architectural, oral history in addition to archival records are
required.
5. The plans for the project shall incorporate a means of
memorializing the existing Maxwell's structure. Such measures
could include placement of a commemorative plaque on or near the
site, development of an exhibit either on or off site (e.g. at a
local historical museum, public library or City Hall), and/or
development of a publication interpreting the role of the
Pavilion in the history of the City, prepared by a qualified
historian. The proposed measure(s) shall be reviewed and
approved by the Director of Community Development prior to
issuance of building permits.
The specific considerations referred to in Finding #3 are detailed
in the Statement of Overriding Considerations (Exhibit C).
Effect #2
The proposed buildings would obstruct direct views of the ocean and
the pier from Pacific Coast Highway and inland properties, in some
locations.
Finding
Finding #3 - Specific social, economic, or other considerations make
infeasible mitigation measures and alternative identified in the
Final Environmental Impact Report.
Facts in Support of Finding
There are no measures which can fully mitigate the obstruction of
direct views if the project is implemented. The project has been
designed to incorporate view corridors to the extent feasible. The
specific considerations referred to in Finding #3 are detailed in
the Statement of Overriding considerations (Exhibit C).
PROJECT ALTERNATIVES:
Environmental Impact Report No. 90-2 evaluated alternatives for the
proposed Pierside Restaurant Development. The following provides a
brief description of the project alternatives, which were rejected
in favor of the current project proposal. The rationale for
rejection of each alternative is provided below, and in the
Statement of Overriding Considerations (Exhibit C).
PC Minutes - 11/6/90 -15- (8021d)
NO PROJECT ALTERNATIVE
The No Project Alternative assumes the continuation of present uses
on the site. The existing Maxwell's restaurant, beach concessions,
parking lot, and lifeguard headquarters would all remain.
Finding
Finding #3 - Specific economic, social, or other considerations make
infeasible the no project alternative, in that:
The no project alternative does not as effectively implement
important goals of the Huntington Beach General Plan, the
Downtown Specific Plan, or Downtown Design Guidelines. These
include creation of a major activity node at the pier head,
provision of commercial uses on and alongside the pier which
will enhance and expand the public's use and enjoyment of the
area, and provision of varied types of visitor serving
facilities in the Coastal Zone.
Significant effects of the project are acceptable when balanced
against the facts set forth in the Statement of Overriding
Considerations (Exhibit C) and stated above.
OPEN SPACE AND RECREATION ALTERNATIVE:
This alternative envisions removal of all existing uses on the site,
including the parking.lot, Maxwell's restaurant, and the beach
concessions, and conversion of the site to open space with minor
public recreation amenities.
Finding
Finding #3 - Specific economic, social, or other considerations make
infeasible the Open Space and Recreation Alternative, in that:
The Open Space and Recreation Alternative does not fulfill the
intent of the General Plan Land Use designation, zoning and
Coastal Land Use Plan for this site in that it does not provide
for visitor -serving commercial uses. It would remove a
potential National Register structure without providing off
setting sales tax revenue or tax increment benefits to the
city. It would also eliminate existing public beach parking
spaces.
Significant effects of the project are acceptable when balanced
against the facts set forth in the Statement of Overriding
Considerations (Exhibit C) and stated above.
PC Minutes - 11/6/90 -16- (8021d)
1
PRESERVATION OF MAXWELL'S ALTERNATIVE:
This alternative envisions the preservation of Maxwell's in the
existing structure, and the addition of two new restaurant
buildings, plus beach concessions. The uses and approximate square
footage would remain the same as the proposed project.
Finding
Finding #3 - Specific economic, social, or other considerations make
infeasible the Preservation of Maxwell's Alternative, in that:
The preservation of Maxwell's Alternative does not provide for
the appropriate size pier plaza as currently envisioned by the
City Council, or provide for an architecturally cohesive project.
Significant effects of the project are acceptable when balanced
against the facts set forth in the Statement of Overriding
Considerations (Exhibit C) and stated above.
OFF SITE ALTERNATIVES:
Off -site alternatives would locate the project on a site or sites
other than southeast of the pier.
Finding
Finding #3 - Specific economic, social, or other considerations make
infeasible the Off -Site Alternative, in that:
The proposed project is inherently related to the subject site.
The project proponent seeks to develop pier -related commercial
uses in accordance with the intent of the Downtown Specific Plan
District 10. As such, no other site is immediately adjacent to
the pier, with the exception of the site immediately north of
the pier, where a parking structure has been approved. No other
site fulfills one of the primary project objectives of creating
a focus at the confluence of Pacific Coast Highway and the Pier.
LOWER INTENSITY ALTERNATIVE M :
This alternative could include the preservation of Maxwell's and the
addition of fewer or smaller buildings than the proposed project, or
the demolition of Maxwell's and reconstruction of fewer or smaller
buildings than proposed by the project.
Finding (Note: this Finding should be made if the project is
approved as proposed by the applicant)
Finding #3 - Specific economic, social, or other considerations make
infeasible the Lower Intensity Alternative, in that:
PC Minutes - 11/6/90
-17-
(8021d)
Lower intensity projects may result, to some degree, in the same
types of impacts that would occur as a result of implementing
the proposed project, but would not as effectively implement the
Downtown Specific Plan, and Coastal Land Use Plan. A smaller
project would not provide the same degree of sales tax revenue
or tax increment revenue.
Significant effects of the project are acceptable when balanced
against the facts set forth in the Statement of Overriding
Considerations (Exhibit C) and stated above.
ENVIRONMENTAL IMPACT REPORT NO. 90-2
STATEMENT OF OVERRIDING CONSIDERATIONS
The Final Environmental Impact Report No. 90-2 for the construction
of restaurants and beach -related concessions (Pierside Restaurant
Development) identifies certain unavoidable significant adverse
environmental effects. CEQA Guidelines Section 15093 requires the
decision -maker to balance the benefits of a proposed project against
unavoidable environmental risks in determining whether the project
should be approved. If the decision -maker concludes that the
benefits of the project outweigh the unavoidable adverse
environmental effects, the effects may be considered acceptable.
Here, the City of Huntington Beach does find that the benefits
flowing to the City and its residents from the project outweigh the
significant adverse environmental effects which remain after the
project's mitigation measures are implemented. Primary among these
considerations is the project's furtherance of the Downtown Specific
Plan's and Local Coastal Plan's objectives of providing improved
access to coastal amenities, creation of a visitor -serving
commercial node at the pierhead, and revitalization of the Downtown
Core Area. Another important consideration is the increased sales
tax and tax increment revenue that will flow to the City and
Redevelopment Agency as a result of increased property values and
sales activity. Such revenue can be used to the benefit of the
community as a whole to improve service levels, construct capital
facilities, and provide additional affordable housing.
The Final Environmental Impact Report identifies two unavoidable
adverse impacts. These are:
a. Demolition of a structure which is important in the history
of Huntington Beach, and which is eligible for the National
Register of Historic Places.
b. Impact to views of the pier and the ocean from certain
locations along Pacific Coast Highway.
PC Minutes - 11/6/90 -18- (8021d)
Some of the effects are lessened by the mitigation measures
suggested in the Environmental Impact Report, which measures will be
required and incorporated into the project. The reasons the City
has determined that the remaining effects are acceptable, given
offsetting project benefits, are discussed below.
1. Historic Impacts:
Implementation of the project will involve demolition of Maxwell's
restaurant, a National Register eligible structure. The
Environmental Impact Report has identified mitigation measures that
will help lessen these impacts, including complete documentation of
the site to be maintained for public review, and appropriate
memorialization of the building.
Some project alternatives, including the No Project Alternative, and
Preservation of Maxwell's Alternative, would eliminate the impact to
historic resources. However, none of these alternatives would as
effectively meet important goals of the General Plan, Local Coastal
Program, Redevelopment Plan, or Downtown Specific Plan. These
include revitalization of the Main Street corridor, provision of
additional visitor -serving facilities in the coastal zone,
development of a major activity node at the pierhead, and improving
vertical access to the shoreline. Other alternatives would also
have the drawbacks of providing less sales tax and tax increment
revenue, or would entail similar adverse impacts to view corridors.
The proposed project will provide for high quality visitor -serving
development at the end of the vital Main Street commercial core,
contributing to the rejuvenation of the Downtown area.
Based on the above stated public benefits of the project, the City
finds that the impact to historic resources is acceptable.
2. View Impacts•
The project will block views of the ocean and the pier from certain
points along Pacific Coast Highway and inland properties.
The Environmental Impact Report has identified mitigation measures
which will help lessen impacts to the extent feasible, including
appropriate lighting and landscaping. The project also incorporates
public plazas and boardwalks which will provide the public with open
vistas from the site.
Although some project alternatives including the No Project, Open
Space, and Lower Density alternatives would reduce view impacts,
they would not as effectively implement important goals of the
General Plan, Local Coastal Program, Redevelopment Plan, or Downtown
Specific Plan. These include revitalization of the Downtown area, -
provision of adequate visitor -serving commercial facilities, and
improved vertical access to the shoreline.
PC Minutes - 11/6/90 -19- (8021d)
Given the many public benefits of the project as referenced above,
the City finds that impacts to views associated with the project are
acceptable.
1. Historic Impacts:
Implementation of the project will involve demolition of Maxwell's
restaurant, a National Register eligible structure. The
Environmental
A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE
COASTAL DEVELOPMENT NO. 90-18 WITH FINDINGS, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Williams, Ortega, Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 90-18:
1. The proposed Pierside Restaurant development conforms with the
plans, policies, requirements and standards of the Huntington
Beach Coastal Element of the General Plan, because it implements
the adopted Coastal Land Use Plan and Downtown Specific Plan by
preserving existing visitor serving opportunities and providing
additional visitor -serving commercial opportunities which are
varied in type and price. The proposal also improves public
access to the beach by providing handicap access, public plazas
and walkways, and wide stairways to the beach.
2. Coastal Development Permit No. 90-18 is consistent with the CZ
(Coastal Zone) suffix, the Downtown Specific Plan District 10
and other provisions of the Huntington Beach Ordinance Code
applicable to the property, because all zoning code requirements
can be met, including building height, project parking,
replacement of beach parking, and public plazas and open space.
3. At the time of occupancy, the proposed Pierside Restaurant
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. All services and
utilities are available to the site, and the project will not
over burden any public services or facilities.
4. The proposed Pierside Restaurant development conforms with the
public access and public recreation policies of Chapter 3 of the
California Coastal Act, because it provides for improved public
access through the site to the shore line, including handicap
access, allowing for public access to recreational opportunities
on the City Beach.
PC Minutes - 11/6/90 -20- (8021d)
1
A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE
CONDITIONAL USE PERMIT NO. 90-17 AS MODIFIED BY STAFF WITH FINDINGS
AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Williams, Ortega, Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-17:
1. The proposed restaurant development will have a beneficial
effect upon the general health welfare, safety, and convenience
of persons residing or working in the area due to the type and
quality of the activities proposed, and the improvement of
access and parking opportunities, and will contribute to an
increase in the value of the property and improvements in the
neighborhood.
2. The proposed Pierside Restaurant Development is designed to be
in conformance with the City's adopted General Plan (including
the State Certified Coastal Element), the Downtown Specific
Plan, and the Downtown Design Guidelines, because it implements
the visitor -serving designation on the Coastal Land Use Plan and
General Plan Land Use Map, and provides for pier related
commercial activities and public open space in accordance with
the Downtown Specific Plan, District 10.
3. The proposed location, site layout, and design will properly
adapt the proposed structures to streets, driveways, and other
adjacent structures to streets, driveways, and other adjacent
structures and uses in a harmonious manner, because a footprint
for the pier plaza, view corridors and public plazas will be
provided. In addition, the pedestrian and vehicular circulation
has been designed to avoid conflicts, and to utilize a
signalized intersection.
4. The proposed combination and relationship of uses to one another
on the site are properly integrated. The proposed project will
provides commercial activities designed to suit the open public
recreational use of the site.
5. The proposed access to and
will not adversely impact
because a traffic study by
surrounding street system
generated, and all users o
accommodated on -site.
parking for the Pierside Restaurants
traffic and parking in the vicinity,
LSA, Inc. has shown that the
can adequately accommodate the demand
f the parking structure can be
PC Minutes - 11/6/90
-21-
(8021d)
CONDITIONS OF APPROVAL:
1. The site plan, floor plans and elevations received and dated
October 19, 1990 shall be the conceptually approved layout with
the following modifications:
a. Windows shall be shaded and/or recessed to the extent
feasible to reduce glare.
b. Roof heights shall be lowered to comply with maximums stated
in the Downtown Specific Plan, i.e., 25 feet to the highest
point of the coping of a flat roof or to the deck line of a
mansard roof or the average height of the highest gable of a
pitched or hipped roof. An additional ten (10) feet will be
allowed only for roof line treatment, chimneys, solar energy
equipment and mechanical equipment. An additional 14 feet
may be allowed for elevator equipment where necessary. The
height is to be measured from the height of the pier deck.
c. The plaza area between building A and B shall be a minimum of
150 feet in width
d. The plaza area between building B and C shall be a minimum
100 feet in width.
e. Lifeguard Headquarters parking shall be located southeast of
the Headquarter building and the current parking area heavily
landscaped.
f. Building C shall be reconfigured if necessary to the
satisfaction of marine safety so that a direct line of sight
is available from the windows of the lifeguard headquarters
to the point at which the water meets the sand at the pier.
This is required for marine safety purposes.
g. Any modifications as required by Design Review Board and
Planning Commission pursuant to condition 3h.
h. The project shall incorporate public restrooms in the
following manner: Minimum of 6 ladies stalls, 2 Mens'
stalls, 2 urinals; Handicap access shall be provided.
i. A total of 8% of the site area shall be landscaped.
j. A stairway from the plaza to the beach shall be provided in
the vicinity of Building A.
k. No tandem spaces shall be located on the lower (beach
parking) level.
1. Relocate Buildings A and C toward Pacific Coast Highway and
show additional public open space on the ocean side of the
buildings.
PC Minutes - 11/6/90 -22- (8021d)
1
m. Remove six (6) surface level spaces near building A.
n. The casual restaurant shall be relocated adjacent to the pier
plaza on the lower level, to maintain the approximately 1,000
foot spacing between concessions.
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
and on the landscape plan. They shall be properly screened
by landscaping or other method as approved by the Community
Development Director.
b. Floor plans shall depict natural gas 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. 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 by the Director of Community
Development.
e. Outdoor lighting shall utilize energy savings lamps. All
outside lighting shall be directed to prevent "spillage" onto
the beach and Pacific Coast Highway, 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 and the Planning Commission shall
review and approve the following:
a) The final building form, elevations, colors, and materials
for each building.
b) The conceptual public plaza lighting, street furniture and
landscape plan for the development, in compliance with the
Downtown Design Guidelines.
PC Minutes - 11/6/90 -23- (8021d)
Mp
h. 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.
i. The site plan (or reference page) shall include all
conditions of approval imposed on the project printed
verbatim.
j. Elevations shall depict colors and building materials as
approved by the Design Review Board.
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 and 3h for review and
approval and inclusion in the entitlement file.
b. A tract map delineating leaseable areas and public areas
shall be prepared and approved.
c. A final 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 the Downtown Specific Plan of the Huntington
Beach Ordinance Code. The set must be approved by both
departments prior to issuance of building permits. The
existing mature palm trees on -site shall be stored and
returned to the site, and incorporated into the project's
landscape plan.
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. Hydrology and hydraulic studies shall be•submitted for Public
Works approval. Drainage facilities and flow direction shall
be approved.
PC Minutes - 11/6/90 -24- (8021d)
f. All applicable Public Works fees shall be paid.
g. An interim parking and/or building materials storage plan
shall be submitted to the Department of Community Development
to assure adequate parking is available for employees,
customers, contractors, etc., during the project's
construction phase.
h. The developer shall submit a parking management and control
plan for review and approval by the Departments of Community
Development and Public Works, prior to issuance of building
permits. This plan should address hours and operation of
valet service, plans for attended parking and amount and time
of availability of self -parking facilities. A minimum of 250
beach parking spaces shall be available for self parking at
all times at rates set by the City Council. The Plan shall
delineate these spaces, and describe the accessibility of the
spaces during valet parking hours. All required parking
shall be provided on -site.
i. The developer shall submit plans to refacade the Lifeguard
Headquarters to be compatible with the project. The plans
shall be approved by the Director of Community Services, the
Director of Community Development, and the Design Review
Board.
4. A Planned Sign Program for the development shall be reviewed and
approved by the Design Review Board and Planning Commission
prior to the first sign request.
5. The Public Works Department requirements are as follows:
a. Remove the water system on -site and construct a 12 inch water
main in Pacific Coast Highway, to Lake (First) Street and
Beach parking lot water mains.
b. All restaurants shall have grease interceptors.
c. Construct Pacific Coast Highway improvements as required by
the City and Caltrans, including right turn lanes.
d. No landscaping shall be permitted within the Pacific Coast
Highway right-of-way unless approved by the Department of
Public Works and Caltrans.
e. Design and location of parking control devices shall be
subject to final review by the Director of Public works and
Director of Community Development.
f. The applicant shall be responsible for paying Traffic Impact
Fees adopted by the City Council prior to issuance of
building permits.
PC Minutes - 11/6/90 -25- (8021d)
g. The applicant shall be responsible for payment of Water
Master Plan Fees if adopted by the City Council prior to
issuance of building permits.
6. Fire Department Requirements are as follows:
a. An automatic fire sprinkler system shall be approved and
installed pursuant to Fire Department regulations.
b. Fire access lanes shall be designated, posted, and
maintained. If fire lane violations occur and the services
of the Fire Department are required, the applicant will be
liable for expenses incurred.
c. Two fire hydrants shall be installed prior to combustible
construction.
d. The applicant shall meet all applicable local, State and
Federal Fire Codes, Ordinances, and standards.
e. A Class III wet standpipe system (combination) will be
installed to comply with Huntington Beach Fire Department and
Uniform Building code standards.
f. A fire alarm system will be installed to comply with
Huntington Beach Fire Department and Uniform Fire Code
Standards. The system will provide manual pulls, 24-hour
supervision, audible alarms, and water flow, valve tamper,
and trouble detection.
g. Fire extinguishers will be installed and located in areas to
comply with the Huntington Beach Fire code Standards.
h. Elevators will be sized to accommodate an ambulance gurney
(minimum 6 foot 8 inches wide by 4 foot 3 inches deep with
minimum 42 inch opening).
i. Address numbers will be installed to comply with the
Huntington Beach Fire Code Standards.
j. A Fire Protection Plan containing requirements of Fire
Department Specification No. 426 shall be submitted to the
Fire Department for approval.
k. Full access to the structures for emergency vehicles shall be
maintained from the beach access road and from the parking
lot adjacent to Pacific Coast Highway.
1. The access ways designated as fire lanes over the
subterranean parking area are to be reinforced to sustain the
weight of fire apparatus.
PC Minutes - 11/6/90 -26- (8021d)
m. 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.
7. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
8. 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.
9. Installation of required landscaping and irrigation systems
shall be completed prior to final inspection.
10. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised
when leaving the site;
b. Wet down areas in the late morning and after work is
completed for the day;
c. Use low sulfur fuel (.05% by weight) for construction
equipment;
d. Attempt to phase and schedule construction activities to
avoid high ozone days (first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
11. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.
12. Prior to issuance of demolition permits for Maxwells, the
history and architecture of the building shall be recorded to
the standards of the Historic American Buildings Survey (HABS).
This includes the preparation of a detailed historical
narrative, and complete graphic documentation of the building
through large format photography. Historic photographs and
building plans are also reproduced for the HABS record, which
ultimately is curated in the Library of Congress. Since the
significance of the structure is historical rather than
architectural, oral history in addition to archival records are
required. The completion of the HABS documentation shall be
verified by the Director of Community Development prior to
issuance of demolition permits.
PC Minutes - 11/6/90 -27- (8021d)
13. The plans for the project shall incorporate a means of
memorializing the existing.Maxwell's structure. Such measures
could include placement of a commemorative plaque on or near the
site, development of an exhibit either on or off site (e.g. at a
local historical museum, public library or City Hall), and/or
development of a publication interpreting the role of the
Pavilion in the history of the City, prepared by a qualified
historian. The proposed measure(s) shall be reviewed and
approved by the Director of Community Development prior to
issuance of building permits.
14. Prior to initiation of construction, police and fire departments
shall be notified and the departments shall be kept informed
about duration and extent of construction throughout the process.
15. The applicant shall provide a plan to be approved by the Public
Works Department which depicts alternate routes for traffic
during the construction phase, if necessary. Adequate signage
shall be provided to warn motor vehicles, bicyclists and
pedestrians of construction. The beach access road shall remain
open during construction, or a safe alternate route shall be
approved by the Departments of Public Works, Community Services,
and Community Development.
16. Signs shall be posted within the project informing patrons that
the public beach closes at 12:00 midnight.
17. During construction of the project, the developer, in
conjunction with the City, shall provide parking spaces within a
reasonable distance to accommodate beach access.
18. Prior to occupancy of any building, the developer, Agency, and
the City shall execute a landscape maintenance agreement with
provisions determined by the City for maintenance of landscaping
along the street frontages.
19. The beach access roadway south of the pier must be a minimum 24
feet and must loop with the beach access road on the north side
of the pier. This roadway must also be a minimum 24 feet. The
roadway must be designed to accommodate beach service vehicles,
bicycles and pedestrian access, subject to City review and
approval. The access road shall be completed prior to issuance
of any Certificate of Occupancy for the project.
20. The developer shall provide the City with a detailed description
of the project's proposed security systems for review and
approval by all affected departments prior to issuance of any
Certificate of Occupancy for the project.
21. Handicap access to all levels of the project shall be provided
from all elevator locations.
PC Minutes - 11/6/90 -28- (8021d)
22. If it is determined by the Department of Public Works that
dewatering will be required, the applicant shall provide the
Department of Community Development with an assessment of
impacts on groundwater and underground storage tanks in the
vicinity. This assessment along with any necessary mitigation
measures shall be reviewed and approved prior to issuance of
dewatering permits.
23. Any asbestos identified prior to or during removal of the
existing structures shall be removed in accordance with City and
State regulations.
24. The project owner/applicant shall provide for additional trash
cans along the beach and bike path along the project frontage.
The type and locations shall be approved by the Department of
Community Services.
25. The lower level of the parking structure shall be closed when
high tides coincide with severe storm conditions.
26. An encroachment permit from Caltrans shall be required should
the project infringe on Pacific Coast Highway.
27. Bicycle racks shall be provided within the project area.
28. After building completion, the applicant shall cause to be
erected a historical monument memorializing the location of the
Pacific Electric Line terminus.
29. Prior to Occupancy of each restaurant, the Planning Commission
shall review and approve a Restaurant Operation Plan. The Plan
shall include, at minimum:
a. The final architectural form, colors, materials, and
landscaping as recommended by the Design Review Board.
b. The proposed hours of operation.
c. Floor plans, including floor area devoted to restaurant
versus bar/lounge.
d. Proposed types and hours of entertainment, and location of
entertainment.
e. Plans for outdoor service.
f. Operational plans which discourage patrons from entering the
beach after its 12:00 midnight closure.
30. A safe pedestrian walkway shall be provided from the parking
structure to the lifeguard headquarters.
PC Minutes - 11/6/90 -29- (8021d)
31. No compact parking spaces shall be allowed in the parking
structure. If necessary, the size of the retail spaces shall be
reduced to accommodate both full size parking spaces and
adequate pedestrian/service walkways.
32. A total of eight (8) handicap parking spaces shall be provided
on the surface level, in accordance with State law.
33. Construction shall comply with the Floodplain Standards for FP3
Zones, as outlined in Article 940-Floodplain Suffix, Huntington
Beach Ordinance Code.
34. The project architecture may be subject to redesign to achieve
compatibility with the proposed pier plaza project.
35. 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.
36. This conditional use permit 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.
A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO MOVE ITEM C-1
FORWARD FOR ACTION BECAUSE OF ITS RELATIONSHIP TO THE PREVIOUS ITEM,
BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Ortega, Kirkland, Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: Williams
MOTION PASSED
C-1 GENERAL PLAN CONFORMANCE NO, 90-8:
APPLICANT: CITY OF HUNTINGTON BEACH ADMINISTRATIVE SERVICES
LOCATION: Ocean side of Pacific Coast Highway between Main
Street and First Street (southeast of the pier)
I
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The subject property (portion of APN 24-281-14) is located on the
ocean side of Pacific Coast Highway between Main Street and First
Street (southeast of the existing pier). The site is currently
occupied by Maxwell's Restaurant, a parking lot, and beach
concessions.The parcel is located within the Downtown Specific Plan,
District 10 which is designated as pier -related commercial; and
within the Downtown Redevelopment Project Area.
The parcel will be used as part of the Pierside Project. The
Government Code of the State of California, Section 65402, provides
that a local agency shall not acquire real property nor dispose of
any real property, nor construct a public building or structure in
any County or city until the location, purpose and extent of such
activity has been reported upon as to conformity with the adopted
General Plan.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve General Plan
Conformance No. 90-8 pursuant to Section 65402 of the Government
Code of the State of California with suggested findings:
Commissioner Williams questioned if the transfer of this property,
in effect, becomes the property of the state. Counsel stated that
the City itself is an Agency of the State, as is the Redevelopment
Agency.
Counsel explained to the Commission that their objective was to
determine whether the conveyance of property was consistent with the
General Plan.
Commissioner Shomaker stated she would like to speak for the
majority of the people who voted in pro -development candidates, by
approving the request.
Commissioner Ortega stated for the record that the conveyance of
property from the City to the Redevelopment Agency, does not conform
with the General Plan Land Use, and she would be voting against it.
PC Minutes - 11/6/90 -31- (8021d)
A MOTION WAS MADE BY SHOMAKER, SECOND BY MOUNTFORD, TO APPROVE
GENERAL PLAN CONFORMANCE NO. 90-8 WITH FINDINGS, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Ortega, Leipzig
ABSENT: Williams
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL:
1. Conveying the subject site to the Redevelopment Agency to allow
Visitor -Serving Commercial development is consistent with the
Visitor -Serving Commercial General Plan Designation for the
property.
2. The conveyance of property for the visitor -serving commercial
project is consistent with the following policies contained in the
General Plan:
3.6.2.1(2) Protect, encourage, and where feasible, provide a
variety of recreation facilities which provide
opportunities for all income groups (Coastal Element).
3.6.2.2(1) Protect, encourage, and where feasible, provide
visitor -serving facilities in the Coastal Zone which
are varied in type and price (Coastal Element).
(a) Encourage the provision of additional restaurants and
hotel/motel accomodations in keeping with the
alternative chosen by the City Council (Coastal
Element).
3.4.2.4(2) Provide parking for residents and beach users (Land
Use Element -Shoreline).
3.4.2.8 To promote the development of services and facilities
necessary to support a tourist industry and insure
commercial development that is economically viable,
attractive, well related to other land uses, and satisfies
the needs of the City's residents by:
(1) Encouraging planned commercial development that will
coincide with residential growth;
(2) Continuing to diversify the economic base of the City
and increasing the tax base;
(3) Promoting the revitalization of the Downtown area; and
PC Minutes - 11/6/90 -32- (8021d)
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(4) Promoting hotel and tourist -oriented retail
development in appropriate locations (Land Use
Element).
A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, THAT BY MINUTE
ACTION A SERIES OF ALTERNATIVES SHOULD BE PRESENTED TO THE CITY
COUNCIL, BY THE FOLLOWING VOTE:"
AYES: Shomaker, Mountford, Ortega, Kirkland, Bourguignon, Leipzig
NOES: None
ABSENT: Williams
ABSTAIN: None
MOTION PASSED
B-2 CONDITIONAL USE PERMIT NO, 90-39 WITH SPECIAL PERMITS/COASTAL
DEVELOPMENT PERMIT N0, 90-30/TENTATIVE TRACT NO.
14352/NEGATIVE DECLARATION NO. 90-41 (CONTINUED FROM THE
OCTOBER 16, 1990 PLANNING COMMISSION MEETING):
APPLICANT: CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY/
NEWCOMB TILLOTSON DEVELOPMENT
LOCATION: Full block bounded by Main Street, Olive Avenue,
Fifth Street and Orange Avenue
This item was continued from the October 2, 1990, Planning
Commission meeting to allow staff and the applicants to address
concerns raised by the Planning Commission and the public.
The applicants indicated at the October 2, 1990 meeting that they
would comply with all conditions of approval as outlined by staff,
including incorporation of upper story setbacks, removal of fifth
floor units, and realignment of driveways on Fifth Street and Olive
Avenue. The applicant is preparing preliminary revised elevations
for presentation on November 6, 1990. Due to time constraints,
however, the plans are conceptual only, and will require further
refinement and review by staff and the Design Review Board. Staff
did not receive the revised plans in time to make written comment
and recommendations as part of this report.
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STAFF RECOMMENDATION:
Staff recommends approval of the project with some modification to
building mass and circulation layout. The fifth story should be
eliminated, and the required upper story setbacks should be adhered
to. The buildings facing Main Street should be pulled back at the
corners facing the mid -block plaza to create a "funneling" effect,
drawing people into the public plaza. Relocation and consolidation
of driveways on Fifth Street and Olive Avenue will help reduce
vehicular conflicts.
Staff recommends that the Planning Commission:
1) Approve Negative Declaration No. 90-41;
2) Approve Coastal Development Permit No. 90-30 with findings; and
3) Approve Conditional Use Permit No. 90-39 as modified by staff
with one Special Permit and Tentative Tract No. 14352 with
findings and conditions of approval.
The public hearing was closed at the October 16, 1990 Planning
Commission meeting.
Commissioner Kirkland stated that although he was not present at the
October 16, 1990 Planning Commission meeting when this item was
discussed he has watched the video tape and feels qualified to act
on the request.
Commissioner Mountford discussed the fact that at the last meeting
there was extensive conversation with regard to how this project
would fit into the total Downtown Redevelopment. He asked if it
would not make sense to build out the first phases and place what is
missing in this project site.
After a discussion among the Commissioners regarding certain
concerns Howard Zelefsky, Planning Director, stated that the
Downtown Specific Plan is out of step with projects being proposed
because the City Council has scaled Downtown Redevelopment down to a
village concept. He said it is difficult to address the
Commissioner's concerns when this concept can be interpreted
differently. Mr. Zelefsky said development standards need to be put
into the concept.
Commissioner Ortega requested staff to address this issue.
A discussion ensued among the Commissioners regarding the uses
contained in the project, the Request for Proposal process, and the
future needs of the Community.
PC Minutes - 11/6/90 -34- (8021d)
A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO DENY CONDITIONAL
USE PERMIT NO. 90-39 WITH SPECIAL PERMITS, COASTAL DEVELOPMENT
PERMIT NO. 90-30, TENTATIVE TRACT NO. 14352 AND NEGATIVE DECLARATION
NO. 90-41, BY THE FOLLOWING VOTE:
AYES: Ortega, Leipzig
NOES: Shomaker, Mountford, Kirkland, Bourguignon
ABSENT: Williams
ABSTAIN: None
MOTION FAILED
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE
NEGATIVE DECLARATION NO. 90-41, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Ortega, Leipzig
ABSENT: Williams
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE
COASTAL DEVELOPMENT PERMIT NO. 90-30 WITH FINDINGS, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Ortega, Leipzig
ABSENT: Williams
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 90-30:
1. The proposed mixed use development conforms with the plans,
policies, requirements and standards of the Huntington Beach
Coastal Element of the General Plan, because it provides for
varied commercial facilities, affordable housing and adequate
parking in the Coastal Zone.
2. Coastal Development Permit No. 90-30 is consistent with the CZ
(Coastal Zone) suffix, and the Downtown Specific Plan District
5.
3. At the time of occupancy, the proposed mixed use 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 - 11/6/90 -35- (8021d)
4. The proposed mixed use development conforms with the public
access and public recreation policies of Chapter 3 of the
California Coastal Act.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE
CONDITIONAL USE PERMIT NO. 90-39 WITH SPECIAL PERMIT AND TENTATIVE
TRACT NO. 14352 AS MODIFIED BY STAFF WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Ortega, Leipzig
ABSENT: Williams
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 90-39:
1. The location, site layout, and design of the proposed mixed
use development properly adapts the proposed structures to
streets, driveways, and other adjacent structures and uses in
a harmonious manner.
2. The combination and relationship of one proposed to another on
the site are properly integrated. The residential parking and
access are properly secured, and the units are vertically
separated from the commercial portion.
3. The access to and parking for the proposed mixed use
development does not create an undue traffic problem.
Adequate on -site parking is provided, and surrounding streets
have capacity to accommodate the demand generated.
4. The development conforms with the provisions contained in the
Downtown Specific Plan and Design Guidelines.
FINDINGS FOR APPROVAL - SPECIAL PERMIT:
1. The following special permit promotes a better living
environment by adapting the Downtown Specific Plan
requirements to better suit the proposed mixed use development:
a. To allow up to 15% ramp slopes in the parking structure.
2. The requested deviation for ramp slopes in the parking
structure is acceptable because:
a. A traffic study prepared by a traffic engineer has shown
that the request will have no adverse impacts.
b. The deviation will result in a more efficient circulation
pattern and parking layout.
PC Minutes - 11/6/90 -36- (8021d)
c. The deviation will not adversely affect the circulation
and safety of the site, structure, use, or adjacent use.
d. The deviation will enhance the general appearance of the
development and its surroundings.
3. The proposed project provides the following benefits which
offset the proposed deviation from code:
a. Public parking spaces.
b. Public open space in excess of that required by code.
4. The proposal complies with the Coastal Element and the
California Coastal Act because it provides for increased
parking, affordable housing, and varied commercial
opportunities within the Coastal Zone.
5. The proposal does not conflict with State or Federal Law.
FINDINGS FOR APPROVAL - TENTATIVE TRACT N0, 14352:
1. The size, depth, frontage, street width, and other design
features of the proposed subdivision for 11 lots are in
compliance with the standard plans and specifications on file
with the City as well as in compliance with the State
Subdivision Map Act and the supplemental City Subdivision
Ordinance.
2. The property was previously studied for this intensity of land
use at the time that the General Plan designation of mix use
and the Downtown Specific Plan District 5 zoning were
implemented.
3. The General Plan has set forth provisions for mixed
development as well as setting forth objectives for the
implementation of this type of use.
4. The site is relatively flat and physically suitable for the
proposed mixed use project.
5. Tentative Tract No. 14352 for a mixed commercial/residential
development is consistent with the goals and policies of the
Huntington Beach General Plan, because it implements existing
land use designation, and provides for affordable housing.
CONDITIONS OF APPROVAL:
1. The site plan, floor plans and elevations received and dated
September 24, 1990 shall be the conceptually approved layout
with the following modifications:
PC Minutes - 11/6/90 -37- (8021d)
2.
a.
The two vehicle entry points on Olive Avenue shall be
consolidated into one, subject to review and approval by
Public Works and Community Development.
b.
Vehicle entry from Fifth Street shall align with the ramp to
the residential parking structure, subject to review and
approval by Public Works and Community Development.
c.
The corners of the retail/office buildings facing the plaza
shall be pulled back to create a more open plaza for Main
Street.
d.
All required upper story setbacks shall be incorporated into
the plans.
e.
Two fifth story residential units shall be eliminated.
f.
Overall residential square footage shall be reduced by 200
square feet.
g.
The site plan shall incorporate bicycle racks.
h.
A total of 6 handicap parking spaces shall be provided
pursuant to State law.
i.
Public restrooms shall be provided within the project.
j.
Shopping cart storage area shall be shown on the market floor
or, if carts are to be stored outside, such area shall
plans
be designated and appropriately screened with landscaping or
by other method approved by the Director of Community
Development.
k.
A customer loading and unloading zone shall be provided at
the rear of the market for loading groceries.
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.
b. Depict all utility apparatus, such as but not limited to
backflow devices and Edison transformers, on the site plan.
They shall be properly screened by landscaping or other
method as approved by the Community Development Director.
c. Natural gas shall be stubbed in at the locations of water
heaters cooking facilities and clothes dryers, and 220v
electrical shall be stubbed in at clothes dryer locations.
This requirement may be modified provided that the applicant
will install more overall energy efficient alternatives
subject to the review and approval of the Director of
Community Development. Low volume heads shall be used on all
spigots and water faucets.
PC Minutes - 11/6/90 -38- (8021d)
d. If foil -type insulation is.to:be-.used, a fire retardant type
shall be installed as approved by the Building Department and
indicated on the floor plans.
e. The structures on the subject property, whether attached or
detached, shall be constructed in compliance with the State
acoustical standards set forth for units that lie within the
60 CNEL contours of the property. Evidence of compliance
shall consist of submittal of an acoustical analysis report,
prepared under the supervision of a person experienced in the
field of acoustical engineering, with the application for
building permit(s).
f. Elevations shall depict colors and building materials as
approved by the Design Review Board (see condition lj).
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, energy savings lamps shall
be used. All outside lighting shall be directed to prevent
"spillage" onto adjacent properties and rights -of -way 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 and fill
properties, foundations, retaining walls, streets, and
utilities.
j. The Design Review Board shall review and approve the final
building form as approved by Planning Commission and/or City
Council.
k. 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.
1. The site plan (or reference page) shall include all
conditions of approval imposed on the project printed
verbatim.
3. Prior to issuance of building permits, the applicant/owner shall
complete the following:
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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 and the Downtown Specific Plan and Design
Guidelines of the Huntington Beach Ordinance Code, and shall
incorporate drought tolerant plants and turf. The set must
be approved by both departments prior to issuance of building
permits.
c. A grading plan shall be submitted to the Department of Public
Works for review and it must be approved (by issuance of a
grading permit). A plan for silt control for all water
runoff from the property during construction and initial
operation of the project may be required if deemed necessary
by the Director of Public Works.
d. Hydrology and hydraulic studies shall be submitted for Public
Works approval.
e. All applicable Public Works fees shall be paid.
f. An interim parking and/or building materials storage plan
shall be submitted to the Department of Community Development
to assure adequate parking is available for employees,
customers, contractors, etc., during the project's
construction phase.
g. Prior to issuance of building permits the applicant shall
submit for review and approval by the Director of Community
Development a system designed to transport groceries from the
market to the lower levels of the parking structure.
Fire Department Requirements are as follows:
a. An automatic fire sprinkler system shall be approved and
installed pursuant to Fire Department regulations.
b. A Class III wet standpipe system (combination) will be
installed to comply with Huntington Beach Fire Department and
Uniform Building Code Standards.
PC Minutes - 11/6/90 -40- (8021d)
c. A fire alarm system will beiinstalled to comply with
Huntington Beach Fire Department and Uniform Fire Code
Standards. The system shall provide manual pulls, waterflow,
valve tamper and trouble detection, 24 hour supervision,
smoke detectors, annunciation, audible alarms, and graphic
display.
d. Five fire hydrants shall be installed prior to combustible
construction.
e. The applicant shall meet all applicable local, State and
Federal Fire Codes, Ordinances, and standards.
f. Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
g. Elevators will be sized to accommodate an ambulance gurney.
Minimum 6 foot 8 inches wide by 4 foot 3 inches deep with
minimum 42 inch opening.
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.
j. Submit to the Fire Department for approval a Fire Protection
Plan containing requirements of Fire Department Specification
No. 426.
k. Water supply shall be capable of supplying 4000 gpm above
domestic for the needed fire flow.
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. The public plazas shall incorporate 30% landscaped area, public
seating, and a visual feature such as a sculpture, fountain,
information kiosk, or similar amenity. These items shall be
included on the landscape plans and shall be reviewed by the
Design Review Board.
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;
PC Minutes - 11/6/90 -41- (8021d)
b. Wet down areas in the late morning and after work is
completed for the day;
c. Use low sulfur fuel (.05% by weight) for construction
equipment;
d. Attempt to phase and schedule construction activities to
avoid high ozone days (first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
10. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.
11. If foil -type insulation is to be used, a fire retardant type
shall be installed as approved by the Building Department.
12. 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.
13. 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.
14. An on -site qualified archaeologist should monitor all initial
grading and excavation activities.
15. 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.
16. 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.
17. Prior to initiation of construction, police and fire departments
shall be notified and the departments shall be kept informed
about duration and extent of construction throughout the process.
18. Public Works Department shall 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.
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19. Should the proposed market be converted to retail, restaurant,
office, or other use, the floor plans and operation shall be
reviewed and approved by the Director of Community Development
prior to issuance of Certificates of Occupancy.
20. This conditional use permit 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.
21. Prior to occupancy, the 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.
22. A planned sign program shall be submitted for all signing and
shall be reviewed by the Design Review Board. Said program shall
be approved prior to the first sign request.
23. Prior to occupancy, the applicant shall submit a Parking
Management Plan to the Director of Community Development for
review and approval. The plan shall include provisions for
employee parking, fees, validation plan, provisions to allow for
18 spaces designated for Townsquare, and loading/unloading spaces
for grocery store patrons.
24. Prior to issuance of building permits the applicant shall submit
an affordable housing plan to the Director of Community
Development for review and approval. The plan shall provide for
20% of the residential units to be affordable to families of
low -moderate income, and shall identify the type and location of
the units to be so designated. The units shall be evenly
distributed throughout the project.
CONDITIONS OF APPROVAL - TENTATIVE TRACT 14352:
1. The tentative tract map received and dated September 13, 1990,
shall be the approved layout.
2. The Public Works Department requirements are as follows:
a. Developer shall be required to install the following water
improvement$:
1. 12 inch PVC water main in Main Street from Orange Avenue
to the existing PVC main in Olive Avenue.
2. 8 inch PVC water main in Olive Avenue from Main Street to
Fifth Street.
3. 8 inch PVC water main in Fifth Street from Olive Avenue
to Orange Avenue.
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b. Developer is responsible for abandoning the existing 8 inch
water main in the alley.
c. Developer shall submit water system hydraulic calculations to
ensure system adequacy and line sizing.
d. Developer is responsible for payment of any fees adopted in
the Water Division Financial Master Plan.
e. Developer shall submit water improvement plans for approval
by the Water Division showing all services, fire hydrants,
fire services, and backflow devices on a separate utility
plan.
f. The developer shall be responsible for the payment of Traffic
Impact fees at the time building permits are issued.
g. Full public works improvements are required to the
centerlines of Fifth Street, Main Street, Olive Avenue and
Orange Avenue.
h. Drainage flows from adjacent properties shall not be
obstructed. Flows shall be accommodated per Public Works
requirements.
i. 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.
j. All vehicular access rights to Fifth Street, Main Street,
Orange Avenue, and Olive Avenue shall be released and
relinquished to the City except at locations approved by the
Planning Commission.
k. The alley shall be vacated on the Tract Map. In addition,
the developer shall dedicate the following for street
purposes:
1. Two and one half (2 1/2) feet off Orange Avenue.
2. Four (4) feet off Main Street
3. Twenty (20) foot radius at the corner Fifth and Orange.
4. Twenty (20) foot radius at the corner of Fifth and Olive.
1. Orange Avenue exit shall be right turn out only.
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.
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A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO -MOVE ITEM C-2 TO
THE NEXT ITEM BECAUSE OF ITS RELATIONSHIP TO THE PREVIOUS ITEM, BY THE
FOLLOWING VOTE:
AYES: Shomaker, Ortega, Kirkland, Bourguignon, Leipzig
NOES: None
ABSENT: Mountford, Williams
ABSTAIN: None
MOTION PASSED
C-2 GENERAL PLAN CONFORMANCE N0, 90-9
APPLICANT: CITY OF HUNTINGTON BEACH DEPARTMENT OF
ADMINISTRATIVE SERVICES
LOCATION: Nine parcels located on the block bounded by Main
Street, Olive Avenue, Fifth Street, and Orange
Avenue
General Plan Conformance No. 90-9 is a request to review the
conveyance of 1.24 acres of real property owned by the City of
Huntington Beach to the City's Redevelopment Agency as it conforms
to the City's General Plan. The 1.24 acres consists of nine (9)
City -owned parcels as depicted on Attachment No. 2. The parcels are
located within Downtown Specific Plan, District 5 which is intended
for mixed uses; and they are within the Downtown Redevelopment
Project Area.
The Government Code of the State of California, Section 65402,
provides that a local agency shall not acquire real property nor
dispose of any real property, no
structure in any. County or City
extent of such activity has been
the adopted General Plan.
STAFF RECOMMENDATION:
r construct a public building or
until the location, purpose and
n reported upon as to conformity with
Staff recommends that the Planning Commission approve General Plan
Conformance No. 90-9 pursuant to Section 65402 of the Government
Code of the State of California, with findings:
A MOTION WAS MADE BY SHOMAKER, SECOND BY MOUNTFORD, TO APPROVE
GENERAL PLAN CONFORMANCE NO. 90-9 WITH FINDINGS, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Mountford, Kirkland, Bourguignon
NOES: Ortega, Leipzig
ABSENT: Williams
ABSTAIN: None
MOTION PASSED.
PC Minutes - 11/6/90
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(8021d)
FINDINGS FOR APPROVAL:
1. Conveying the subject parcels to the City's Redevelopment
Agency to allow for Mixed Use-Commercial/Residential
development is consistent with the goals and policies of the
Land Use Element. These include:
3.4.2.5 Housing - To provide and maintain a quality living
environment so that members of all economic, social, and
ethnic groups may reside in Huntington Beach by providing a
variety of housing types in all areas of the City.
3.4.2.7 Residential Development - To encourage and maintain a
well balanced variety of residential densities and uncrowded
living environments by encouraging rational use of land and
other natural resources.
3.4.2.8 Commercial Development and Tourism - To ensure
commercial development that is economically viable,
attractive, well related to other land uses, and satisfies the
needs of the City's residents.
To promote the development of services and facilities
necessary to support a tourist industry by:
1. Encouraging planned commercial development that will
coincide with residential growth.
2. Continuing to diversify the economic base of the City and
increasing the tax base.
3. Promoting the revitalization of the Downtown area.
2. Conveyance of property to the City's Redevelopment Agency for
the purpose of Mixed Use-Commercial/Residential Development is
consistent with the goals and policies of the Housing
Element. These include:
3.3.3.1 Policies - To ensure adequate provision of housing for
all economic segments of the Community, the City of Huntington
Beach shall:
3. Encourage mixed -use projects containing residential and
non-residential uses which can take advantage of shared
land costs to reduce the costs of land for residential
uses.
6. Undertake economically feasible programs to provide
housing throughout the community to meet the needs of low
and moderate income households.
10. Encourage the provision and continued availability of a
range of housing types throughout the community, with
variety in the number of rooms and level of amenities.
PC Minutes - 11/6/90 -46- (8021d)
B-4 CONDITIONAL USE PERMIT NO, 90-57
APPLICANT: MR. & MRS. DENNIS ISHII
LOCATION: 7241 Sunbreeze (north of Slater, west of Gothard)
Conditional Use Permit No. 90-57 is a request to allow a second
story addition to a single story, single family home located in
Tract 9908 (north of Slater, west of Gothard). At the time Tract
9908 was approved by the City Council in 1978, a condition was
placed on the lots abutting the City Corporation Yard that
structures be limited to single story in height due to potential
noise impacts from the adjacent City facility. The applicant is
requesting to construct a 620 square foot family room and a 217
square foot balcony above a three car garage at the front of the lot.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional
Use Permit No. 90-57 with findings and conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Dennis Ishii, 7241 Sunbreeze Drive, applicant, stated that he was
unaware that the previous structures he had built were illegal and
has since made them legal. He also stated that he is requesting
this addition after a fire destroyed his garage.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA, TO APPROVE
CONDITIONAL USE PERMIT NO. 90-57 WITH FINDINGS AND CONDITIONS OF
APPROVAL:
AYES: Shomaker, Mountford, Ortega, Kirkland, Bourguignon
NOES: None
ABSENT: Leipzig, Williams
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 90-57:
1. The location, site layout and design of the proposed second
story addition properly adapts the proposed structure to the
adjacent City Corporation Yard in a harmonious manner by
locating the addition 57 feet away from the property line and
having no windows on the northern elevation.
PC Minutes - 11/6/90 -47- (8021d)
2. The proposed use will not have a detrimental effect upon the
general health, welfare, safety and convenience of persons
residing or working in the neighborhood, nor will it be
detrimental to the value of property and improvements in the
neighborhood.
3. The proposed addition is compatible with the General Plan which
seeks to reduce to acceptable levels the degree of noise
exposure from all transportation, stationary and other nuisance
sources in the community. The addition will comply with the
interior noise insulation standard of 45 decibels CNEL.
4. The proposed addition is compatible with existing and proposed
uses in the neighborhood. Homes to the south are two story in
height and the homes adjacent to the City Yard may add second
story additions subject to review and approval of a conditional
use permit by the Planning Commission.
5. Access to and parking for the proposed addition will not create
an undue traffic problem.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-57:
1. The site plan, floor plans and elevations dated September 26,
1990, shall be the conceptually approved layout.
2. The development shall comply with applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
3. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited on Sundays and
Federal holidays.
4. The second level addition shall be constructed in compliance
with the State Acoustical Standards and shall achieve an
interior noise insulation standard of 45 decibels CNEL.
Evidence of compliance shall be submitted to and approved by the
Director of Community Development prior to issuance of a
Certificate of Occupancy.
5. The property owner shall sign, notarize and record with the
County Recorder a "Letter of Acknowledgment" stating that they
are aware of the existence of the adjacent City Corporation Yard
and acknowledge the potential of noise impacts emanating from
the facility prior to the issuance of a Certificate of Occupancy.
6. Prior to issuance of building permit the applicant shall execute
an "Acceptance of Conditions" form. The form shall be recorded
with County Recorder's Office, and returned to the Planning
Division. Building permits cannot be issued until the ten day
appeal period has elapsed.
PC Minutes - 11/6/90 -48- (8021d)
7. 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.
8. Prior to the issuance of building permits for the garage and
family room, the applicant shall secure building permits for any
previous addition or modification to the original structure.
9. The proposed addition shall be reviewed and approved by the
Design Review Board.
10. Prior to finalizing of building permits the tract conditions
shall be amended to allow second stories pursuant to conditional
use permit process.
B-5 CONDITIONAL USE PERMIT NO, 90-35 WITH SPECIAL
PERMITS/TENTATIVE TRACT NO. 14343/ENVIRONMENTAL ASSESSMENT NO.
90-27:
APPLICANT: SOUTHRIDGE HOMES
LOCATION: East side of Holly Street, south of Main Street
Conditional Use Permit with Special Permits and Tentative Tract No.
14343 is a request to subdivide one (1) lot for condominium purposes
and construct a 20 unit planned residential development pursuant to
Section 915 of the Huntington Beach Ordinance Code. Special Permits
are requested for: 1) Relief from the 15 foot setback between an
unenclosed parking space and any dwelling unit; and 2) Reduction of
private access ways.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission take the following
action:
A. Approve Negative Declaration No. 90-27; and
B. Approve Conditional Use Permit No. 90-35 with Special Permits
and Tentative Tract No. 14343 with findings.
THE PUBLIC HEARING WAS OPENED.
Dick Kelter, 223-21st. Street, applicant, stated that he concurred
with the staff report and all conditions, except condition no. 4(1).
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 staff concerning
condition no. 4(1) and the condition was changed so the developer is
only responsible for payment of any additional Water Fees prior to
Certificate of Occupancy.
PC Minutes - 11/6/90 -49- (8021d)
A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO APPROVE
CONDITIONAL USE PERMIT NO. 90-35 WITH SPECIAL PERMITS, TENTATIVE
TRACT NO. 14343 AND ENVIRONMENTAL ASSESSMENT NO. 90-27, WITH
FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Ortega, Kirkland, Bourguignon, Leipzig
NOES: None
ABSENT: Williams
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL CONDITIONAL USE PERMIT NO, 90-35:
1. The location, site layout, and design of the proposed 20 unit
planned residential development with two (2) special permits
does properly adapt the proposed structures to streets,
driveways, and other adjacent structures and uses in a
harmonious manner. The access to the project and the building
height and bulk are compatible with the adjacent structures
and uses.
2. The proposed 20 unit planned residential development with two
(2) special permits is compatible with surrounding properties
in terms of architecture and orientation. The clustered type
site layout, building bulk and building height are properly
addressed through design implementation.
3. The access to and parking for the proposed 20 unit planned
residential development with two (2) special permits does not
create an undue traffic problem. The access point for the
project and the minimum code required parking provides
improved on -site and off -site traffic circulation and adequate
parking.
4. The planned residential development for a 20 unit project with
two (2) special permits conforms to the provisions contained
in Article 915.
5. Conditional Use Permit No. 90-35 for a 20 unit planned
residential development with two (2) special permits is
consistent with the goals and objectives of the City's General
Plan and Land Use Map designation. The intent of the land use
designation and zoning suffix (PRD) is to provide a better
living environment and promote aesthetically pleasing
development.
FINDINGS FOR APPROVAL - SPECIAL PERMITS:
1. The following special permits do promote a better living
environment by adapting the Planned Residential Development
requirements which enhance the area and provide a compatible
project with the surrounding area:
PC Minutes - 11/6/90 -50- (8021d)
1
a) Relief from the 15 foot setback between an unenclosed
parking space and the dwelling unit;
b) Reduction of private access width.'
2. The requested special permits do 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, and not
detrimental and injurious to the value of property and
improvements of the neighborhood or of the City in general.
The building bulk, building height and circulation have been
properly addressed and will not be a detriment to the
surrounding neighborhood.
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. The proposed project does
provide a better living environment and an aesthetically
pleasing project through design implementation.
FINDINGS FOR APPROVAL - TENTATIVE TRACT N0, 14343:
1. The size, depth, frontage, street width, and other design
features of the proposed subdivision for a 20 unit planned
residential development with two (2) special permits 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. The subdivision as proposed for condominium
purposes is properly designed to the zoning designation and
planned residential development suffix by the use of land
planning techniques and the use of aesthetically pleasing
architecture, landscaping, site layout and design.
2. The property was previously studied for this intensity of land
use at the time that the General Plan designation of Medium
Density Residential (15 units per gross acre) and R2 zoning
were implemented.
3. The site is relatively flat and physically suitable for the
proposed density of 15 units per gross acre and the proposed
subdivision for condominium purposes of a 20 unit planned
residential development with two (2) special permits is
designed properly.
4. Tentative Tract No. 14343 for a 20 unit planned residential
development with two (2) special permits is consistent with
the goals and policies of the Huntington Beach General Plan.
The project does provide a better living environment through
proper land planning techniques.
PC Minutes - 11/6/90 -51- (8021d)
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 90-35:
1.
2.
The site plan, floor plans, and elevations received and dated
October 10, 1990 shall be the conceptually approved layout.
Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Submit three copies of the site plan to the Planning Division
for addressing purposes. If street names are necessary,
submit proposal to Fire Department for review and approval.
b. Depict all utility apparatus, such as but not limited to
backflow devices and Edison transformers, on the site plan.
They shall be prohibited in the front and exterior yard
setbacks unless properly screened by landscaping or other
method as approved by the Community Development Director.
c. Floor plans shall depict natural gas and 220V electrical
shall be stubbed in at the location of clothes dryers;
natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units; and
low -volume heads shall be used on all spigots and water
faucets.*
d. If foil -type insulation is to be used, a fire retardant type
shall be installed as approved by the Building Department and
indicated on the floor plans.*
e. The structures on the subject property, whether attached or
detached, shall be constructed in compliance with the State
acoustical standards set forth for units that lie within the
60 CNEL contours of the property. Evidence of compliance
shall consist of submittal of an acoustical analysis report,
prepared under the supervision of a person experienced in the
field of acoustical engineering, with the application for
building permit(s).*
f. Elevations shall depict colors and building materials
proposed. The Holly Street elevation shall provide the wood
and masonry patio fencing and wood trellis treatment as
indicated on the submitted plans.
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.
I
PC Minutes - 11/6/90 -52- (8021d)
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 and fill
properties, foundations, retaining walls, streets, and
utilities.*
j. Existing mature trees on site shall be retained and
incorporated into the site plan unless prior approval for
removal is obtained from the Department of Community
Development. Any existing mature tree that must be removed
shall be replaced at a 2:1 ratio with 36" box trees which
shall be incorporated into the project's landscape plan.*
k. The site plan shall include (or reference page) all
conditions of approval imposed on the project printed
verbatim.
3. Prior to issuance of building permits, the applicant/owner shall
complete the following:
a. A Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and
must be approved. The Landscape Construction Set shall
include a landscape plan prepared and signed by a State
Licensed Landscape Architect and which includes all
proposed/existing plant materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of
approval. The landscape plans shall be in conformance with
Section 9608 and 915 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.
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.*
PC Minutes - 11/6/90 -53- (8021d)
d. Hydrology and hydraulic studies shall be submitted for Public
Works approval.
e. All applicable Public Works fees shall be paid.
f. Final Tract Map shall be accepted by the City Council,
recorded with the Orange County Recorder and a copy filed
with the Department of Community Development..
g. An interim parking and/or building materials storage plan
shall be submitted to the Department of Community Development
to assure adequate parking is available for employees,
customers, contractors, etc., during the project's
construction phase.
h. If any hazardous materials are to be used on site, the
business must comply with Chapter 1758 of the City's
Municipal Code which requires any business that handles or
stores hazardous materials, including waste, to inventory the
hazardous materials on site and prepare a business emergency
plan in case of an accidental release of toxic material.
Additionally, all hazardous materials, including waste, must
be handled and stored in accordance with the Uniform Fire
Code. Waste oil is considered a hazardous waste.*
i. 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
State and local standards.*
j. 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.*
k. 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.*
4. The Public Works Department requirements are as follows:
a. A sewer study shall be submitted for Public Works Department
approval. The developer shall design and construct the
on -site and off -site sewer required to serve the development.
b. On -site sewers shall be private.
PC Minutes - 11/6/90 -54- (8021d)
c. Private streets shall have 24-feet minimum pavement width,
not including curbs and gutters.
d. Private driveway entries shall be radius type, per Huntington
Beach Standard 211 A & B.
e. The developer will be responsible for payment of the Traffic
Impact Fees at the time building permits are issued.
f. Submit a soils•report and grading plan for Public Works
approval.
g. Full Public Works improvements are required to the centerline
of Holly Street.
h. The on -site drainage shall not be directed to adjacent
properties, but shall be handled by a Public Works Department
approved method.
i. All vehicular access rights to Holly Street shall be released
and relinquished to the City except at locations approved by
the Planning Commission.
j. Developer shall submit water improvements on a separate
utility (not grading) plans for approval by the Public Works,
Water Division, showing all water services, fire hydrants,
fire services, and backflow devices.
k. The water system shall be located within vehicular
travelways, and dedicated to the City. The
developer/Homeowner's Association shall be held responsible
for repairing any enhanced pavement, if the water mains,
etc., require repair or maintenance.
1. Developer is responsible for payment of any additional fees
adopted in the upcoming Water Division Financial Master Plan,
if adopted prior to issuance of Certificate of Occupancy by
the City.
m. Developer shall submit water system hydraulic calculations to
ensure system adequacy and line sizing. No ten -inch (10")
lines will be allowed. Use 12" water main if calculations
show 10" line capacities. .
n. The water system shall have 2 sources, i.e. looped. No dead
ends. The water system shall be installed per the Public
Works Department's standards, ordinances and policies.
o. Each unit shall have a separate water service and backflow
device.
p. No combustible construction shall occur until an approved
water system is installed.
PC Minutes - 11/6/90 -55- (8021d)
q. Low volume fixture heads shall be incorporated into the
design of the water system is installed.
r. Developer shall use "drought tolerant" plants and turf for
all common area landscaping. Landscape plans shall be
approved by the Department of Public Works.
s. The developer shall irrigate all common areas with reclaimed
water when it becomes available, (Green Acre) with separate
reclaimed water services. The construction of a reclaimed
water line in Holly Street will be responsibility of the
developer for the area fronting the property.*
5. 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
an 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; and
3. Audible alarms.
c. Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
d. Two fire hydrants will be installed prior to combustible
construction. Shop drawings will be submitted to the Public
Works Department and approved by the Fire Department prior to
installation.
e. Fire lanes will be designated and posted to comply with
Huntington Beach Fire Department Standard No. 415.
f. Address numbers will be installed to comply with Huntington
Beach Fire Code Standards. The size of the numbers will be
the following:
1. The number for the building will be sized a minimum of
ten (10) inches with a brush stroke of one and one-half
(1-1/2) inches.
2. Individual units will be sized a minimum of four (4)
inches with a brush stroke of one-half (1/2) inch.
PC Minutes - 11/6/90 -56- (8021d)
g. Installation or removal of underground flammable or
combustible liquid storage tanks will comply with Orange
County Environmental Health and Huntington Beach Fire
Department Standards.
h. Dimensions for Fire Access. Includes 24' or 27' fire lanes,
turnarounds and 17' by 45' radius turns. Huntington Beach
Fire Department Standard No. 401.
i. Provide a 'Hammer -Head' turn around as shown at middle of
block.
j. Remove tank farm and have a site assessment done to Fire
Department approval.
k. Oil wells to be abandoned to current Division of Oil and Gas
(DOG) standards per Huntington Beach City Specifications 422
and 429.*
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 cleaning, grading, earth moving or excavation, the
applicant shall:*
a. Control fugitive dust by regular watering, paving
construction roads, or other dust preventive measures.
b. Maintain equipment engines in proper tune.
10. During construction, the applicant shall:*
a. Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised
when leaving the site;
b. Wet down areas in the late morning and after work is
completed for the day;
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);
PC Minutes - 11/6/90 -57- (8021d)
e. Discontinue construction during second stage smog alerts.
11. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.*
12. All potential buyers and renters of on -site residences should be
notified of the effects resulting from on -site and off -site oil
production activities. The notification should state the
frequency and locations of maintenance and service operations.
The notification should indicate the noise levels from oil
activities may also significantly increase during these times.*
13. Prior to initiation of construction, police and fire departments
shall be notified and the departments shall be kept informed
about duration and extent of construction throughout the process.*
14. Public Works Department shall 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.*
15. Prior to final building permit approval or issuance of a
Certificate of Occupancy, the following shall be completed:
a. All improvements (including landscaping) to the property
shall be completed in accordance with the approved plans and
conditions of approval specified herein.
b. Final Tract Map No. 14343 shall be accepted by the City
Council. It shall be recorded with the County Recorders
Office and a copy submitted to Planning Division prior to
Certificate of Occupancy or final inspection of first unit.
c. Compliance with all conditions of approval specified herein
shall be accomplished.
16. 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.
17. The Planning Commission reserves the right to revoke Conditional
Use Permit No. 90-35 with Special Permits and Tentative Tract No.
14343 if any violation of these conditions or the Huntington
Beach Ordinance Code occurs.
I
1
Ll
PC Minutes - 11/6/90 -58- (8021d)
18. Conditional Use Permit No. 90-35 with Special Permits 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.
CONDITIONS OF APPROVAL - TENTATIVE TRACT 14343:
1. The tentative tract map received and dated October 25, 1990,
shall be the conceptually approved layout.
2. The Holly Street section A -A shall be pursuant to the standards
and specification of the Public Works Department.
3. The Holly Street private drive approach shall have a minimum 27
feet width and of radius type construction.
4. The applicant/property owner shall be responsible for paying the
Park and Recreation Fees in effect at the time the final map is
accepted by City Council or issuance by building permits,
whichever occurs first.
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.
* Mitigation Measure
C. CONSENT CALENDAR
Both C Items were brought forward and acted upon by a formal
vote.
D. NON-PUBLIC HEARING ITEMS
D-1 REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT NO.
13625•
APPLICANT: PACIFIC COAST HOMES
LOCATION: Generally bounded by Goldenwest Street, Palm
Avenue, 22nd. Street and Walnut Avenue
Pacific Coast Homes has requested a one-year extension of time for
Tentative Tract No. 13625 which was approved by the Planning
Commission on November 15, 1988. Tentative Tract No. 13625 is a
request to reconfigure 56 existing lots which abut Palm Avenue and
Goldenwest Street.
PC Minutes - 11/6/90 -59- (8021d)
The applicant has indicated in the attached letter dated October 22,
1990, that due to lengthy review of documents by the applicant's
attorney, on -going discussion regarding design elements with the
architects and lengthy financial negotiations, additional time is
necessary to complete all of the required conditions of approval.
Based on these reasons, the applicant is requesting a one-year
extension of time for Tentative Tract No. 13625 in order to complete
final map processing.-
TAFF RECOMMENDATION:
Staff recommends that the Planning Commission grant a one-year
extension of time for Tentative Tract No. 13625 to November 15,
1991, with two (2) additional conditions of approval and all
previous conditions of approval to remain in effect.
14. The developer shall be responsible for the payment of the
Traffic Impact Fees at the time building permits are issued.
15. The developer shall be responsible for payment of any
additional fees adopted in the upcoming Water Division
Financial Master Plan.
A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE A
ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT NO. 13625 TO NOVEMBER
15, 1991, WITH ALL PREVIOUS AND ADDITIONAL CONDITIONS OF APPROVAL,
BY THE FOLLOWING VOTE:
AYES: Shomaker, Ortega, Kirkland, Bourguignon, Leipzig
NOES: None
ABSENT: Mountford, Williams
ABSTAIN: None
MOTION PASSED
ADDITIONAL CONDITIONS - TENTATIVE TRACT N0, 13625:
1. The developer shall be responsible for the payment of the
Traffic Impact Fees at the time Certificates of Occupancy are
issued.
2. The developer shall be responsible for payment of any additional
fees adopted in the upcoming Water Division Financial Master
Plan, if adopted prior to issuance of Certificates of Occupancy.
E. DISCUSSION ITEMS
None
F. PLANNING COMMISSION INQUIRIES
None
PC Minutes - 11/6/90 -60- (8021d)
1
fl
G. PLANNING COMMISSION ITEMS
None
H. COMMUNITY DEVELOPMENT ITEMS
Mike Adams, Community Development Director, reiterated action
taken at the November 5, 1990, City Council meeting which
included action taken on an appeal of the Planning Commission's
decision for Eldon Liquor, additional Design Review Board
members, denial of General Plan Amendment for Talbert/Beach
Redevelopment project and the Holly-Seacliff Agreement.
I. ADJOURNMENT
A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO ADJOURN TO A
6:00 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON
NOVEMBER 20, 1990, AND THEN TO THE REGULARLY SCHEDULED MEETING AT
7:00 P.M. BY THE FOLLOWING VOTE:
AYES:
Shomaker,
NOES:
None
ABSENT:
Mountford,
ABSTAIN:
None
MOTION PASSED
/kj 1
APPROVED BY:
Ortega, Kirkland, Bourguignon, Leipzig
Williams
Mike Adams, Secretary Tanning Commis i��n Chairperson
PC Minutes - 11/6/90
-61-
(8021d)