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HomeMy WebLinkAbout1991-04-16MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 16, 1991 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Richardson, Newman, Shomaker, Kirkland, Ortega P P Bourguignon, Leipzig L_ 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. Councilwoman Grace Winchell expressed her gratitude and appreciation for the work and service of outgoing Planning Commissioner Geri Ortega. Councilwoman Winchell presented Commissioner Ortega with a framed photograph of the pier. Commissioner Kirkland presented to Commissioner Ortega Resolution No. 1446 expressing appreciation for her services as a Planning Commissioner. Commissioner Ortega expressed her thanks to Councilwoman Winchell for appointing her to the Planning Commission and stated she had enjoyed serving the City of Huntington Beach. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 91-9/PLANNED SIGN PROGRAM NO. 91-1: APPLICANT: ROD WILSON LOCATION: 16242 Beach Boulevard (East side, approximately 135 feet south of Stark Avenue) Conditional Use Permit No. 91-9 is a request for an electronic readerboard sign for Sports Chalet pursuant to Section 9610.9 of the Huntington Beach Ordinance Code. The proposed electronic readerboard sign will replace the existing, non -conforming pole sign on -site. Planned Sign Program No. 91-1 describes the type, number, and location of all signage proposed for the site, and is also required pursuant to Section 9610.9 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-9 and Planned Sign Program No. 91-1 with findings and suggested condition of approval. THE PUBLIC HEARING WAS OPENED. Dennis Trausch, 16242 Beach Boulevard, representing Sports Chalet, spoke in support of the project. He stated that the readerboard sign had increased sales in other locations. Rod Wilson, 16242 Beach Boulevard, applicant, spoke in favor of the request. Mr. Wilson stated the sign conforms to all codes relating to electronic readerboards. He also stated the readerboard signs were successful at other locations. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed their concerns regarding traffic disruption with the readerboard sign, and the fact that it was actually movable copy rather than a readerboard sign. It was decided that a longer lapse time between messages would help decrease traffic problems. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 91-1 AND PLANNED SIGN PROGRAM NO. 91-1, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, NOES: Richardson ABSENT: None ABSTAIN: Kirkland MOTION PASSED Ortega, Bourguignon, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-9: 1. The proposed readerboard sign substantially complies with the standards and criteria as set forth in the Huntington Beach Ordinance Code. PC Minutes - 4/16/91 -2- (9508d) F 2. The proposed readerboard sign is compatible with other signs in the vicinity because, although it is taller than the existing pole sign on -site, it contains less square footage. 3. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights -of -way or create a hazard to vehicle or pedestrian traffic. 4. The proposed electronic readerboard sign will not have adverse visual impacts on adjoining residential neighborhoods. FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 91-1: 1. The proposed signage on -site will utilize materials, colors, and a design motif that are compatible with the architecture of the building. 2. The proposed signage is consistent with surrounding development. 3. The square footage of the proposed signs does not exceed that permitted by code. 4. An existing, non -conforming pole sign will be removed as part of the planned sign program. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated April 8, 1991 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials approved by the Design Review Board. b. The pylon shall be narrowed, and the pedestal base and curves deleted, subject to the approval of the Director of Community Development. c. The address shall be incorporated into the sign. 3. The following items are required pursuant to the Huntington Beach Ordinance Code, Article 961. They are provided for informational purposes and may not be modified or appealed: a. Temporary flags, banners, balloons, etc., shall be permitted a maximum of 15 days per calendar year. b. The hours of operation for the electronic readerboard shall be limited to 1:30 AM to 10:30 PM, PC Minutes - 4/16/91 -3- (9508d) c. At least 10 percent of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements. d. Messages in an electronic readerboard shall be no faster than one (1) message every ten (10) seconds, and the minimum interval between messages shall be at least one (1) second. e. Continuous motion of messages is not permitted. f. Light intensity changes (other than between day and night uses) are not permitted. g. The maximum measurable light output shall not exceed 50 foot candles at the property line. 4. No portion of the sign shall project over the public right-of-way. 5. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Post a $2,000.00 bond to ensure removal of all banners and temporary signs except those permitted for 15 days per calendar year pursuant to Section 9610.9(d)(4) of the Huntington Beach Ordinance Code. 6. The readerboard sign 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. The sign shall be located in a landscaped planter at least two (2) feet wider than the base of the pole cover. A landscape plan shall be approved by the Departments of Public Works and Community Development. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 10. The Planning Commission shall review the appropriatness of the ten (10) second message interval after the sign has been operational for 60 days. 11. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 1 J PC Minutes - 4/16/91 -4- (9508d) 1 12. 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. B-2 CONDITIONAL USE PERMIT NO. 91-7: APPLICANT: JOHN BURGER, VMD LOCATION: 6885 Warner Avenue (Northwest corner of Warner Avenue and Goldenwest Street) Conditional Use Permit No. 91-7 is a request to establish a veterinary clinic in an existing shopping center pursuant to Section 9630K of the Huntington Beach Ordinance Code. The clinic has been located in another suite at the same center for a number of years, and now requires a larger facility due to growth of the practice. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-7 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. John Burger, 6819 Warner Avenue, applicant, thanked the Commission for hearing his application and said he was there to answer any questions they may have. There were no questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY ORTEGA, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-7 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig PC Minutes - 4/16/91 -5- FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-7: 1. The location, site layout, and design of the proposed veterinary clinic properly adapt the proposed use to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of the veterinary clinic to other uses on the site are properly integrated. Appropriate sound attenuation measures will be included to insure that the City's Noise Standards are met. 3. The access to and parking for the proposed veterinary clinic is adequately provided and does not create an undue traffic problem. 4. The proposed veterinary clinic is compatible with surrounding residential and commercial uses because sound attenuation measures will be incorporated into the design of the facility to insure that exterior noise levels are within the City's exterior noise standards. 5. The granting of Conditional Use Permit No. 91-7 for the veterinary clinic will not adversely affect the General Plan of the City of Huntington Beach. 6. The establishment, maintenance and operation of the veterinary clinic will not be detrimental to the general welfare of persons working or residing in the vicinity and will not be detrimental to the value of property and improvements in the area. The acoustical analysis prepared for the project indicates that all exterior noise levels will be within the City's exterior noise standards. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-7: 1. The site plan, floor plans, and elevations received and dated February 19, 1991 shall be the conceptually approved layout. 2. The hours of operation for general office hours shall be limited to Monday through Saturday, 8:00 AM to 6:00 PM. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. 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. 5. The northerly (rear) door shall remain closed except to permit access to the area. PC Minutes - 4/16/91 -6- (9508d) 6. The following structural details shall be completed prior to issuance of a certificate of occupancy: a. A second wall shall be added to the existing northerly exterior (rear) wall. The new wall shall be spaced one inch from the original, framed with 2 x 4 studs, have R-11 insulation in the cavity, and 5/8 inch gypsum board at the interior. b. The east (common) wall shall be addressed as in (a), above, or as follows: Remove drywall and add R-11 to the existing wall cavity. A second 2 x 4 wall shall then be constructed at least one (1) inch from the existing wall. Add R-11 in the new cavity and attach 5/8 inch drywall on the new wall side. c. All new wall intersections shall be caulked with resilient caulk for an airtight seal. d. The rear vestibule entry, as shown on the conceptual plans dated February 19, 1991 shall be completed. 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. 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. B-3 CONDITIONAL USE PERMIT NO. 90-60/TENTATIVE TRACT MAP NO. 14417/NEGATIVE DECLARATION NO. 90-53: APPLICANT: BARTOLI COMPANY LOCATION: 18862 Huntington Street Conditional Use Permit No. 90-60 with Special Permits, Tentative Tract No. 14417 and Negative Declaration No. 90-53 is a request to subdivide a parcel of land to construct 32 attached dwelling units pursuant to Section 915 of the Huntington Beach Ordinance code. Special permits are requested for: 1. Reduction in front yard setback; 2. Reduction in building separation side to side; 3. Unenclosed parking next to a dwelling unit; 4. Reduction in number of garages setback 20 feet; 5. Increase in private open space in lieu of common open space; 6. Reduction in size of main recreation area; 7. Reduction in width of entryway; and 8. Increase in number of guest parking spaces located on driveways. PC Minutes - 4/16/91 -7- (9508d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 90-53 and approve Conditional Use Permit No. 90-60 and Tentative Tract Map No. 14417 with findings and suggested conditions of approval. The Commission expressed their concern that the applicant was informed of a 20% affordable housing condition after he was well into his project. Staff explained that they are trying to meet the City's affordable housing goals, and monies are available from Redevelopment. THE PUBLIC HEARING WAS OPENED. Kathy Byers, 18903 Delaware Street, owner of adjacent property stated her concern with inadequate drainage. Ron Pattinson, 18600 Main Street, spoke on behalf of the applicant. Mr. Pattinson stated the applicant's concern regarding 20% affordable housing. John Cowles, 5500 Bolsa Avenue, architect for the project spoke in favor of the request. The Commission discussed with the applicant the issue of afforadable housing. It was suggested the applicant work with Redevelopment to attain funds. The applicant said he would try. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE PROJECT AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE NEGATIVE DECLARATION NO. 90-53, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE TENTATIVE TRACT MAP NO. 14417 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig 1 PC Minutes - 4/16/91 -8- (9508d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 90-60 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-60: 1. The location, site layout, and design of the proposed 32 unit planned residential development with eight (8) special permits properly adapts 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 32 unit planned residential development with eight (8) special permits is compatible with surrounding properties in terms of architecture and orientation and will not be detrimental to the general welfare of persons residing or working in the vicinity, nor detrimental to property and improvements in the vicinity. 3. The access to and parking for the proposed 32 unit planned residential development with eight (8) special permits does not create an undue traffic problem. The access point for the project and the minimum code required parking provides adequate on -site and off -site traffic circulation and parking. 4. The planned residential development for a 32 unit project with eight (8) special permits conforms to the provisions contained in Article 915. 5. Conditional Use Permit No. 90-60 for a 32 unit planned residential development with eight (8) 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. The project will also be consistent with the Housing Element by providing housing opportunities to low and moderate income families for 20% of the project. PC Minutes - 4/16/91 MM (9508d) FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits for deviations to the requirements of Article 915 of the Huntington Beach Ordinance Code promote a better living environment and provide an improved site layout and design. a. To reduce the front yard setback from a 20 foot average with a minimum dimension of 15 feet to a 7.6 foot average with a minimum dimension of five (5) feet. b. To reduce required building separation side to side from 30 feet to 20 and 25 feet. c. To reduce required separation of an unenclosed parking space from a dwelling unit from 15 feet to seven (7) feet. d. To reduce the number of units with a 20 foot driveway from 50% to 38%. e. To increase the amount of private open space which can be counted toward total open space from 25% to 52%. f. To reduce the required main recreation area from 5,280 square feet to 4,408 square feet. g. To reduce the travel lane for the first 100 feet from the street from the required width of 48 feet to 30 feet. h. To increase the number of driveways which may count toward guest parking from 50% to 75%. 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The approval of the 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, because they result in a project with an improved living environment and site layout. 4. The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the parcel and compatible with the surrounding environment. PC Minutes - 4/16/91 -10- (9508d) FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14417: 1. The size, depth, frontage and other design features of the proposed subdivision for 32 units are in compliance with the standard plans and specifications on file with the City as well as with the State Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for Medium Density Residential development at the time the General Plan designation was placed on the site, and will accommodate the development of 32 condominiums. 3. The General Plan has set forth provisions for this type of land use as well as objectives for the implementation of this type of housing. 4. The site is physically suitable for the proposed density of 15 units per gross acre. 5. The tentative tract map is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-60: 1. The site plan, floor plans, and elevations received and dated March 28, 1991 shall be the conceptually approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following: a. A landscape construction set must be submitted to the Departments of Community Development Public Works, and Fire for review and approval. 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 the Ordinance Code. "Drought tolerant" plants and turf shall be specified for all common area landscaping. In addition, intensified landscaping shall be provided between the dwelling units and the private street to provide visual relief. The landscape plans must be approved by the three departments prior to issuance of building permits. All landscape shall be installed prior to final inspection. Landscape irrigation system installed shall be an electrical, automated system which meets water conservation regulations as specified by the Department of Public Works. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of any rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. PC Minutes - 4/16/91 -11- (9508d) c. Elevations shall depict colors and building materials proposed. d. The site plan or reference page shall include all conditions of approval imposed on the project printed verbatim. e. All applicable Public Works fees shall be paid. 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. A grading plan shall be submitted to and approved by the Department of Public Works. h. Complete detail of security gate configuration shall be submitted for review and approval by Departments of Public Works, Fire and Community Development. i. All utility apparatuses such as, but not limited to, backflow devices and Edison transformers, shall be depicted on the site plan, and shall not be located in the front yard setback, where feasible. All such equipment shall be screened with landscaping or in another manner approved by Community Development Department. j. Final Tract Map No. 14417 shall be accepted by the City Council. It shall be recorded with the County Recorder's Office prior to Certificate of Occupancy or final inspection of first unit. k. Floor plans shall depict natural gas outlets at the locations of cooking facilities, water heaters, and central heating units, low -volume heads on all spigots and water faucets, and natural gas and 220V electrical outlets at the location of clothes dryers. 1. 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. m. A lighting plan for all stationary outdoor lighting fixtures on the site which includes high-pressure sodium vapor lamps or metal halide for energy savings shall be approved by the Department of Community Development to insure that lighting will be directed only to desired areas, and that no lighting fixtures shall be mounted facing adjacent residential areas. Illumination levels at the project perimeter adjacent to residential properties shall not exceed 2.0 foot candles. PC Minutes - 4/16/91 -12- (9508d) 3. Fire Department requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A Class III wet standpipe system (combination) will be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. c. A fire alarm system 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: - Water flow, valve tamper and - 24 hour supervision - Smoke Detectors - Annunciation throughout - Audible Alarms throughout - Graphic Display - Manual Pulls trouble detection d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. e. Three (3) 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. g. Fire lanes will be designated and posted to comply with City Specification No. 415. h. Security gates will be designed to comply with City Specification No. 403. i. Address numbers will be installed to comply with City Specification No. 428. 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 - 4/16/91 -13- (9508d) j. Submit a fire protection plan to the Fire Department for approval containing requirements of Fire Department Specification No. 426. 1. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Include the circulation plan and dimensions of all access roads. m. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. n. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. o. The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. 4. 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 materials, shall be disposed of at an off -site facility equipped to handle them. 6. The applicant/owner shall be responsible for paying the Traffic Impact Fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 7. The developer shall be responsible for payment of any additional fees adopted in the upcoming Water Division Financial Master Plan. 8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 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 in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions). b. Maintain equipment engines in proper tune. 10. During construction, the applicant shall: a. Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. PC Minutes - 4/16/91 -14- (9508d) b. Wet down areas in the late morning and after work is completed for the day in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions). c. Use low sulfur fuel (.05% by weight) for construction equipment. d. 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. Construction activities shall comply with Chapter 8.40 of the Huntington Beach Municipal Code. 12. Prior to initiation of construction, Police and Fire Department shall be notified and the Department shall be kept informed about duration and extent of construction throughout the process. 13. The developer shall participate in the City's Green Acres project by installing separate water lines per Public Works standards, to allow for use of reclaimed water for irrigation on the site. 14. An acoustical analysis must be conducted to guarantee compliance with the State Noise Insulation Standard of 46 db CNEL interior (habitable rooms) and the City of Huntington Beach Guidelines of 60 db CNEL exterior noise level for residential areas. 15. Prior to the issuance of any building permits the applicant shall extend an offer to the City's Redevelopment Agency that a minimum of six (6) units within the project be made available for inclusion in an Affordable Housing Program. This offer shall be extended for a period of 30 days. Failure of the City to take advantage of this offer shall release the applicant of any affordable housing obligations. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14417: 1. The tentative tract map received and dated March 28, 1991, shall be the approved plan, subject to the following modifications: a. Show Huntington Street typical section on tentative map. b. The 21 inch water line shown on the tentative map shall be depicted at the correct location as per Public Works Department review. c. Sections shall be shown at the north and south property lines. d. The dimension called out between Buildings Type 4 on the eastern property line shall be changed to 27 feet to reflect the actual dimension. PC Minutes - 4/16/91 -15- (9508d) e. The existing three (3) inch gas line 18 inch ± east of centerline in Huntington Street shall be shown on the tentative map. 2. CC&Rs shall be submitted to and approved by the City Attorney and the Department of Community Development at least 60 days prior to recordation of the final tract map in accordance with Article 915 of the Huntington Beach Ordinance code. CC&Rs shall reflect the common driveway access easements, and maintenance of all common landscape areas, project amenities and walls. 3. Full Public works improvements are required to the centerline of Huntington Street. 4. Water system shall be located in vehicular travelways and dedicated to the city. The developer/homeowner's association shall be responsible for repairing any enhanced pavement, if the water facilities need to be maintained or repaired. 5. Water system shall be looped. The water system shall be installed per the Public Works Department's Standards, Ordinances and Policies. 6. Developer shall be responsible for the payment of any additional fees adopted in the Water Division Financial Master Plan and payment of the Traffic Impact Fees at the time building permits are issued. 7. The on -site sewer and water system shall be shown on a City approved utility plan. 8. The on -site sewer mains shall remain private. 9. Hydrology and hydraulic calculations shall be submitted per the latest edition of the Orange County E.M.A. Manual and City Requirements and shall be approved by the Department of Public Works prior to approval of the grading plan. 10. A soils report and grading plan shall be submitted for Public Works approval. 11. The developer shall submit water improvements plans, on a separate utility plan, showing service connections to all lots, fire hydrants and other appurtenances in accordance with applicable U.P.C., Ordinances and Public Works Standards. These plans shall be approved by the Public Works Water Division. 12. The developer shall submit a water conservation plan identifying mitigation measures for approval by the City staff including but not limited to: - Reducing the peak hour demands. PC Minutes - 4/16/91 -16- (9508d) 1 - Reducing on -going demands on water supply and storage facilities. 13. No combustible construction shall occur until an approved water system is installed. 14. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. 15. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public works Department approved method. 16. All vehicular access rights to Huntington Street shall be released and relinquished to the City except at private drive intersection. B-4 CONDITIONAL USE PERMIT NO. 91-5: APPLICANT: BAJRAM AND SADIJA DJOKAJ LOCATION: 22311 Brookhurst Avenue Conditional Use Permit No. 91-5 is a request to permit a beer and wine license for Massimo Pizza pursuant to Section 9636 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-5 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 ORTEGA, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 91-5 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/16/91 -17- (9508d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-5: 1. The location, site layout, and design of the existing restaurant with on -site sale of beer and wine properly adapts the existing and proposed use to streets, driveways, and other adjacent structures and uses in a harmonious manner. The site uses off-street parking, therefore, the use will not impact the residential and public uses in the vicinity. 2. The combination and relationship of the existing restaurant with the proposed on -site sale of beer and wine are properly integrated. The existing restaurant is provided with adequate seating and floor area to accommodate the addition of on -site sale of beer and wine. 3. The access to and parking for the existing restaurant does not create an undue traffic problem. Access to the site is provided from Brookhurst and Bushard streets and does not impact neighborhood residential streets. The existing fifty-seven (57) off-street parking spaces are adequate for the existing commercial uses. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-5: 1. The site plan and floor plans received and dated January 28, 1991 shall be the conceptually approved layout. 2. No carryout sales shall be permitted. All alcoholic beverages shall be consumed within the restaurant. 3. All beer and wine sold by the establishment shall be placed in distinctively marked containers, clearly indicating the contents of the container, thus discouraging customers from carrying the containers out to their cars or to the beach. 4. The restaurant shall comply with all applicable provisions of the Ordinance Code, Uniform Building Code, and Uniform Fire Code. 5. All Alcoholic Beverage Control (ABC) requirements shall be met prior to alcohol sales. 6. Live entertainment shall be prohibited unless a conditional use permit for such entertainment is granted by the Planning Commission. 7. Hours of operation shall be 11:00 AM to 9:00 PM seven (7) days a week. 8. All signs shall be in conformance with Article 961 Signs of the Huntington Beach Ordinance Code. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-5 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 4/16/91 -18- (9508d) B-5 REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 89-6(A)/TENTATIVE TRACT NO. 13439: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: 1,000 feet south of Ellis Avenue, approximately 700 feet west of Goldenwest Street (see attached map) On March 8, 1991, the Department of Community Development was notified that numerous Eucalyptus trees located within Tract No. 13439 had been trimmed, thinned out and cut down. Code Enforcement was sent to the site to determine the extent of the work done by the Dahl Company. The majority of the work had been completed when Code Enforcement arrived; however, photographs were taken to document the tree work. On March 19, 1991, the Planning Commission voted to hold a public hearing for the purpose of determining if the Developer is in violation of Conditional No. 3b. of Conditional Use Permit No. 89-6(A). Condition 3b states that: "Removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or prior to April 1, 1990." It has been alleged that a grove of Eucalyptus trees on the site were heavily trimmed thinned out and cut down. STAFF RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing, take testimony regarding alleged violations and make a recommendation to City Council. Sarah Lazarus, Deputy City Attorney, advised the Commission not to hold a public hearing but recommend to City Council to advertise and hold a public hearing for revocation. The Commission stated they had no intent to revoke but to discuss, hear public testimony and reach an agreement on a recommendation to City Council. Counsel explained they have no authority to revoke but they could hear public testimony. The Commission discussed ways in which to incorporate a mechanism in which they can revisit a conditional use permit if a violation has occurred. Staff says that they are reviewing ideas to incorporate into the Division 9 rewrite. Mike Strange, reiterated the conditions of approval that were not incorporated into the original record. Counsel says that these conditions are valid even though they are not on record. THE PUBLIC HEARING WAS OPENED. Gerald Chapman, 6742 Shire Circle, stated he did not agree with Mike Stranges reiteration of the conditions. PC Minutes - 4/16/91 -19- (9508d) Debbie Cook, 6692 Shetland Circle, spoke against the development and violation of conditions of approval. Gae Treece, Lake Street, expressed her concern over the wildlife that was endangered. She also questioned what the Commission would do in the future to address these concerns. THERE WERE NO OTHER PERSONS TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kirkland read the conditions of approval that were omitted from the first public record into the record. Mike Adams, Director of Community Development, stated these were clarifications to the conditions no amendments were necessary. The Planning Commission made the following recommendations: 1. Amend conditions of approval to show those conditions imposed by the Commission but not recorded on the original document. 2. Monitor and report status of Ellis/Goldenwest Homeowners' Association's agreement with the Developer. 3. Inform Developer of the suggested additions to conditions of approval from the Ellis/Goldenwest Homeowners' Association. NO ACTION TAKEN DISCUSSION AND RECOMMENDATION ONLY B-6 CONDITIONAL USE PERMIT NO 91-4/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-7/NEGATIVE DECLARATION NO. 91-3: APPLICANT: DAVID MICHELSON LOCATION: 18660 Main Street This item was agendized for the April 16, 1991 Planning Commission meeting. Unfortunatly, due to illness of the City's project planner, the necessary staff report could not be prepared. A continuance of the item to May 7, 1991 will allow sufficient time to prepare the report. Staff has advised the applicant of the continuance and has received their concurrence. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 91-4, Conditional Exception (Variance) No. 91-7 and Negative Declaration No. 91-3 to the May 7, 1991 Planning Commission meeting. PC Minutes - 4/16/91 -20- (9508d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY ORTEGA, TO CONTINUE CONDITIONAL USE PERMIT NO. 91-4, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-7 AND NEGATIVE DECLARATION NO. 91-3 TO THE MAY 7, 1991 PLANNING COMMISSION MEETING, AT STAFF'S REQUEST AND THE CONCURRENCE OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR Newman, Shomaker, Kirkland, Ortega, Leipzig C-1 GENERAL PLAN CONFORMANCE NO. 91-4: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: Newland and the 405 Freeway General Plan Conformance No. 91-4 is a request to determine that the construction of drainage culvert improvements under the 405 Freeway to reduce flooding potential is in conformance with the General Plan. The Government Code of the State of California, Section 65402, provides that a local agency shall not construct public works in any city until the location, purpose, and extent of such works have been submitted to the city for determination as to conformity with the City's General Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 91-4 with findings. APPLICATION WITHDRAWN - ITEM ALREADY APPROVED BY CITY COUNCIL PC Minutes - 4/16/91 -21- (9508d) C-2 PLANNING COMMISSION MINUTES DATED FEBRUARY 5, 1991 (CONTINUED FROM THE APRIL 2, 1991 PLANNING COMMISSION MEETING): A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO APPROVE PLANNING COMMISSION MINUTES OF FEBRUARY 5, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED MARCH 5, 1991: A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE PLANNING COMMISSION MINUTES OF FEBRUARY 5, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None . ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CODE AMENDMENT NO. 91-3: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: City-wide The Planning Commission approved Code Amendment No. 91-3 on April 2, 1991 with the following condition: The staff to bring back the final rewrite of all the sections to the April 16, 1991 meeting for a final review of the language. Comments submitted by Commissioner Leipzig have been incorporated into the rewrite. PC Minutes - 4/16/91 -22- (9508d) 1 STAFF RECOMMENDATION: Review and approve language changes suggested by the Planning Commission at the April 2, 1991 Planning Commission meeting. The Commission also incorporated two additional changes as follows: 1. 9853 Membership. The addition of an alternate for the City Resident. 2. 9584.3 Design Review Board Guidelines. The Board shall implement any adopted design guidelines as necessary in order to facilitate the administration of its duties provided in this Article. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE•THE LANGUAGE CHANGES AND INCORPORATE INTO THE CODE AMENDMENT, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS None Newman, Shomaker, Kirkland, Ortega, Leipzig F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS Commissioner Richardson - Staff response to inquiry regarding tree pruning in the Holly-Seacliff Area Commissioner Richardson requested staff to define the word substantial when possible in future reports. Commissioner Kirkland - Presentation of a Resolution giving thanks to outgoing Commissioner Ortega. PC Minutes - 4/16/91 -23- (9508d) A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO ADOPT RESOLUTION 1446, EXPRESSING APPRECIATION TO OUTGOING COMMISSIONER GERI ORTEGA, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig RESOLUTION NO. 1446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, EXPRESSING APPRECIATION TO COMMISSIONER GERI ORTEGA WHEREAS, Geri Ortega has fulfilled a special request and faithfully served the City of Huntington Beach as a member of the Planning Commission from March 8, 1988 to April 16, 1991; and WHEREAS, Geri Ortega has contributed valuable and conscientious service to the community through her service as a member of several committees; and WHEREAS, Geri Ortega has contributed valued service to the City through her extensive knowledge of the development process and the planning laws and her familiarity with the community and the issues confronting the community and the City's goals and needs, for all of which the Planning Commission expresses its sincere gratitude. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Huntington Beach acknowledges the excellent individual performance of Commissioner Ortega and expresses its deepest appreciation for her service to the City. PASSED, APPROVED AND ADOPTED this sixteenth day of April, 1991. Chairman Kirk Kirkland Commissioner Leipzig Commissioner Newman Mike Adams, Secretary Vice -Chairwoman Jan Shomaker Commissioner Bourguignon Commissioner Richardson 1 PC Minutes - 4/16/91 -24- (9508d) 1 Commissioner Leipzig questioned the February 7, 1991 Planning Commission minutes. He asked that the minutes reflect all modifications or intent of the discussion. He was referring to the Meadowlark Master Plan. He also asked staff if the Max Market update had come before them, staff informed him it had. Commissioner Leipzig suggested that staff develop procedures than can be taken when violations of conditions of approval occur. H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development reiterated action taken at the April 15, 1991 City Council meeting. Hal Simmons, Senior Planner, told the Commission that Home Depot had invited three (3) Commissioners out to the site to see the area proposed for expansion and revision. The following were selected: Commissioner Bourguignon, Commissioner Richardson, Commissioner Newman I. ADJOURNMENT A MOTION WAS MADE BY ORTEGA, SECOND BY RICHARDSON, TO ADJOURN TO A 5:30 PM JOINT STUDY SESSION WITH CITY COUNCIL ON APRIL 29, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED Y: 1� Mike Adams, Secretary Newman, Shomaker, Kirkland, Ortega, Leipzig Plalg--d6m&igslidii Chairperson PC Minutes - 4/16/91 -25- (9508d)