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HomeMy WebLinkAbout1991-06-18APPROVED 11/19/9?' MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 18, 1991 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5.30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Richardson, Newman, Shomaker, Kirkland, Dettloff 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. Dennis Guyler (Sp.?) spoke against item B-8, Conditional Use Permit No. 91-29 and Conditional Exception (variance) No. 91-21. He was concerned about the reduction of the parking requirement. B. PUBLIC HEARING ITEMS B-1 DRAFT ENVIRONMENTAL IMPACT REPORT NO 90-6/LAND USE ELEMENT AMENDMENT NO 90-9/ZONE CHANGE NO, 90-19: APPLICANT: Marlin Development, 8311 Westminster, #240, Westminster, CA 92683 LOCATION: Southeast corner of Garfield Avenue and Bushard Street General Plan Amendment No. 90-9 and Zone Change No. 90-19 is a request to re -designate and rezone a 1.96 net acre site, located on the southeast corner of Garfield Avenue and Bushard Street, from a Low Density Residential land use designation and R1-FP2 (Low Density Residential-Floodplain district 2) to a combination of Medium Density Residential (on 1.06 net acres) and General Commercial (on .90 net acres) land use designations and R2-FP2 (Medium Density Residential-Floodplain District 2) and C2-FP2 (Community Business-Floodplain District 2). They are being submitted for review and recommendation by the Planning Commission and then will be forwarded to City Council for final decision. Although the General Plan Amendment and Zone Change do not constitute any new development, it will allow for residential and commercial development of the site. No development has been proposed at this time; however, the applicant has submitted conceptual plans depicting 15 condominium units and 10,332 square feet of retail commercial. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following action: A. Adopt and certify as adequate Draft Environmental Impact Report No. 90-6 by adopting Planning Commission Resolution No. 1448 and forward it to City Council for their adoption and certification with findings; and B. Approve Land Use Element Amendment No. 90-9 from Low Density Residential to a combination of Medium Density Residential (1.06 acre) and General Commercial (.90 acre) adopting Planning Commission Resolution No. 1449 and forward to City Council for adoption; and C. Approve Zone Change No. 90-19 from R1-FP2 (Low Density Residential-Floodplain District 2) to a combination of R2-FP2 (Medium Density Residential-Floodplain District 2) on 1.06 acres and C2-FP2 (Community Business-Floodplain District 2) on 0.90 acres and forward to City Council for adoption. A discussion ensued among the Commissioners regarding affordable housing. It was explained that although no policy has yet been adopted by City Council 20% was being designated as affordable housing. THE PUBLIC HEARING WAS OPENED. Mrs. Sternhill, spoke in opposition to the project. She was concerned with increased traffic and density. Robert Galuchi, architect for the project, stated the project was based on the denial of Single Family Residential. He stated he had used Planning Commission and City Council ideas to design this project. PC Minutes - 6/18/91 -2- (1421d) i� Edward Sulvari, spoke in favor of the commercial portion of the project. Ben Rosenthal, area resident, spoke in opposition to the project. He was concerned with increased traffic and crime. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE PROJECT AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed the concerns of the adjacent residents. Staff explained that this property had previously been before the Commission for Single Family Residential and was denied because of adjacent property owner protests. At that time the ajacent property owners requested assurance that it would not become an apartment complex. A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO ADOPT AND CERTIFY AS ADEQUATE DRAFT ENVIRONMENTAL IMPACT REPORT NO. 90-6 WITH FINDINGS BY ADOPTING PLANNING COMMISSION RESOLUTION NO. 1448 AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE LAND USE ELEMENT AMENDMENT NO. 90-9 WITH FINDINGS BY ADOPTING PLANNING COMMISSION RESOLUTION NO. 1449 AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: Richardson ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE ZONE CHANGE NO. 90-19 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig PC Minutes - 6/18/91 -3- (1421d) FINDINGS FOR APPROVAL - DRAFT ENVIRONMENTAL IMPACT REPORT NO, 90-6: 1. Draft Environmental'Impact Report No. 90-6 has been completed in compliance with the California Environmental Quality Act and all State and local guidelines. 2. Draft Environmental Impact Report No. 90-6 adequately addresses the potential environmental impacts that may be associated with General Plan Amendment No. 90-9 and Zone Change No. 90-19 and is found to be certifiable. 3. Draft Environmental Impact Report No. 90-6 identifies adequate mitigation measures to eliminate or reduce all potentially adverse impacts associated with the project to a level of insignificance. FINDINGS FOR APPROVAL - ZONE CHANGE NO, 90-19/LAND USE ELEMENT AMENDMENT NO. 90-9: 1. The proposed zone change from R1-FP2 to R2-FP2 and C2-FP2 is consistent with the goals and policies of the General Plan and consistent with General Plan Amendment No. 90-9. Zone Change 90-19 will facilitate the goals of the Housing Element by providing an opportunity to add three (3) affordable units to the housing stock. 2. The proposed zone change from Rl-FP-2 to R2-FP2 and C2-FP2 with mitigation measures is compatible with adjacent and nearby land uses. 3. The proposed zone change will increase the commercial land inventory in the area and thus provide economic benefits to the City through increased sales tag revenues. B-2 CONDITIONAL USE PERMIT NO, 91-22: APPLICANT: Guy Ruggeri LOCATION: 5772 McFadden Avenue Conditional Use Permit No. 91-22 is a request to permit a church, Calvary Chapel, to operate out of an existing industrial building pursuant to Sections 9510.01(c)(3) and 9630(a) of the Huntington Beach Ordinance Code. A joint use of parking agreement has been submitted as part of the conditional use permit application. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-22 with findings and suggested conditions of approval. PC Minutes - 6/18/91 -4- (1421d) 1 The Commission questioned staff as to their method of calculation to achieve the parking numbers. They questioned if the sanctuary was included in the calculations and if the applicant would consider reducing the size of said sanctuary. THE PUBLIC HEARING WAS OPENED. Guy Ruggeri, applicant, stated this project had a number of things to offer the community. He also said adjacent tenants had no problems with the project. Robert Savage, stated he was there to answer technical questions regarding the project. He also said there would not be a problem reducing the sanctuary. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE PROJECT AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 91-22 WITH AN AMENDMENT TO CONDITION NO. 1 WHICH WOULD REDUCE THE SIZE OF THE SANCTUARY. MOTION DIED FOR LACK OF A SECOND. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 91-22 WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 91-22: 1. The location, site layout, and design of the proposed church properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. A joint use of parking agreement has been provided to insure adequate available parking for each use on the site. 2. The combination and relationship of one proposed use to another on a site are properly integrated. A joint use of parking agreement establishing separate business hours for the church and for the other tenants on the site has been provided. Ninety-nine (99) parking spaces are required and provided for the church. PC Minutes - 6/18/91 -5- (1421d) 3. The access to and parking for the proposed church does not create an undue traffic problem. Ninety-nine parking spaces are required and provided for the operation of the church and will be available during church business hours established by the joint use of parking agreement. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-22: 1. The site plans, floor plans, and building elevations received and dated June 7, 1991 shall be the conceptually approved layout. 2. No seating shall be permitted within two (2) feet of the bottom platform step in the sanctuary area. 3. No concurrent use of the lobby shall be permitted while services are conducted in the sanctuary. 4. Classes shall be scheduled to overlap at a minimum and at no time shall enrollment in classes be offered to more than ninety-nine adult drivers. 5. Any future Sunday Sanctuary services shall be scheduled with a minimum one (1) hour between services. 6. The business hours for the church shall be after 7:00 PM weekdays and any time Saturday and Sunday. 7. Prior to issuance of a building permit the applicant/owner shall complete the following: a. A joint use of parking agreement and an irrevocable reciprocal driveway and parking easement between the subject site and the adjacent property shall be approved as to form by the City Attorney and recorded with the Office of the County Recorder and filed with the Department of Community Development. b. The joint use of parking agreement shall designate 99 parking spaces for the sole use of the church. c. The joint use of parking agreement shall state that business hours of the present tenants or any future tenants of the industrial park shall not conflict with business hours of the church. d. The applicant shall submit a carpool or ride share program for church members to be reviewed and approved by the Director of Community Development. 8. The Public Works requirements are as follows: a. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. PC Minutes - 6/18/91 -6- (1421d) 9. The Fire Department requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: 1) Manual Pulls 2) Water flow, valve tamper and trouble detection 3) 24 hour supervision c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. Fire lanes will be designated and posted to comply with City Specification No. 415. e. 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. f. 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. g. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and Standards. 10. The interior tenant improvements shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. PC Minutes - 6/18/91 -7- (1421d) 12. The Planning Commission reserves the right to modify the terms of this Conditional Use Permit No. 91-22 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 13. This conditional use permit shall remain in effect only so long as the joing use of parking agreement and the reciprocal driveway and parking easement remain in effect. 14. Conditional Use Permit No. 91-22 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 91-21/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-17: APPLICANT: Coastview Christian Fellowship LOCATION: 5082/5102 Argosy Avenue Conditional Use Permit No. 91-21 is a request for an existing church to locate within an existing industrial park at 5082/5102 Argosy. The proposal includes a request for joint use parking. Both the initial establishment of a church and joint use parking arrangement require approval of a conditional use permit pursuant to Sections 9630 and 9606.1 respectively of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 91-17 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 960 (Parking/Landscaping) in the following areas: 1. Section 9606.1 (a) specifies that required parking spaces provided through a joint use parking agreement must be no more than 250 feet from the subject building. The applicant is requesting that 137 of the 199 total required parking spaces be located over 250 feet from the proposed church structure. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-21 and Conditional Exception (Variance) No. 91-17 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Dale Tempe, 20472 Seven Seas Lane, spoke in favor of the request. He felt the project had a lot to offer the community. PC Minutes - 6/18/91 -8- (1421d) Lee Pysden, 14150 Windjammer Lane, Westminster, Board of Directors, spoke in support of the project. He stated it would be a benefit to the community. Patrick Swagerty, 19592 Constellation Lane, spoke in support of the request. Jeri Zimer (SP?), spoke in opposition to the project. He was concerned with increased traffic. Ben Hucket, spoke in opposition to the project. He was concerned with increased traffic noise and parking problems. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed parking and the relationship to the residents. It was stated that all churches generally abut residential and are usually not a partying group. A MOTION WAS MADE BY DETTLOFF, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 91-21 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-17, WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: Newman ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-17: 1. There are exceptional or extraordinary circumstances or conditions applicable to the premises involved that do not apply generally to other property or uses in the district. The church is proposed to be located within an industrial park in which the other tenants do not conduct operations on the weekends. Ample parking will be located within a reasonable distance of the proposed church. 2. The granting of a conditional exception to permit required parking spaces in excess of 250 feet from the proposed church use is necessary in order to preserve the enjoyment of one or more substantial property rights. Allowing an even distribution of parking spaces allows the existing industrial tenants on parcels 2 and 4, should the need arise, to conduct limited operations on weekends. PC Minutes - 6/18/91 -9- (1421d) 3. The granting of Conditional Exception (Variance) No. 91-17 to permit parking spaces in excess of 250 feet from the building will not be materially detrimental to the public health, safety and welfare, or injurious to the land, property, or improvements in the neighborhood. 4. The granting of this conditional exception from Section 9606.1 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to assure that parking spaces are available to those who attend the church and that neighboring properties and streets will not be negatively impacted. Should the need for the spaces designated on Parcels 1, 5, and 6 become a reality, the church has agreed to provide shuttle service to those spaces. Additionally, the industrial tenants will likely remain closed on weekends allowing parking in those spaces closest to the church building. 5. The establishment, maintenance and operation of the proposed church will not be detrimental to the general welfare of persons residing or working in the vicinity and property and improvements in the vicinity of such use. The church operations will take place when the other industrial tenants are closed. No impacts are anticipated. 6. The granting of Conditional Exception (Variance) No. 91-17 will not adversely affect the General Plan of the City of Huntington Beach. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-21: 1. The location, site layout, and design of the proposed church with joint use parking is compatible with use adjacent structures and uses in a harmonious manner. 2. The combination and relationship of the proposed church use to the industrial uses on the site are properly integrated. The proposed hours of the various tenants and the church do not conflict. 3. The access to and parking for the proposed church does not create an undue traffic problem. The remaining industrial tenants do not conduct operations during the weekend. Ample parking is available. 4. The establishment, maintenance and operation of the proposed church will not be detrimental to the general welfare of persons residing or working in the vicinity and property and improvements in the vicinity of such use. The church operations will take place when the other industrial tenants are closed. No impacts are anticipated. 5. The granting of Conditional Use Permit No. 91-21 will not adversely affect the General Plan of the City of Huntington Beach. PC Minutes - 6/18/91 -10- (1421d) u SUGGESTED CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated May 24, 1991 shall be the conceptually approved layout. 2. The hours of operation for general congregational meetings/services shall be limited to Sundays between the hours of 8:00 AM to 1:00 PM and 4:00 PM to 9:30 PM. 3. All activities other than the proposed general congregational meetings on Sundays shall be limited so as not to require more parking than is assigned to the building (48 spaces). 4. The multi -purpose room and the Sanctuary as shown on the approved floor plan shall not be used as assembly areas concurrently. Concurrent use of both rooms will require approval of a conditional use permit with a revised joint use parking agreement by the Planning Commission. 5. Should any of the other tenants within the subject industrial park modify their hours and require parking spaces adjacent to their structure during the church's Sunday services, the applicant shall provide "parking monitors" to direct church traffic to designated joint use parking spaces. 6. Upon the church attendance growing to the point where it is necessary for attendees to park on parcels 1, 5 and/or 6, a shuttle service to assist people parking on those parcels shall be provided. 7. The site plan (or reference page) shall include all conditions of approval imposed on the project printed verbatim. 8. The church shall prepare an informational package for the church members/attendees instructing them of which parking spaces are designated for their use and encourage them not to park on Argosy or on adjacent private property. 9. Prior to issuance of a Certificate of Occupancy the applicant shall submit a carpool or ride share program for church members to be reviewed and approved by the Director of Community Development. 10. Prior to the issuance of building permits a Joint Use Parking Agreement shall be recorded by the property owner on all parcels used for church parking. Said agreement shall include the following items: a. The specific hours that the joint use parking is in effect (8:00 AM to 1:00 PM and 4:00 PM to 9:30 PM on Sundays). b. The specific parking spaces designated for joint use (must include an exhibit). PC Minutes - 6/18/91 -11- (1421d) c. Language guaranteeing that the other industrial tenant's operations will be limited during "joint use" hours to the amount of parking spaces they have available. d. A requirement that any gates between parcels remain open during church service hours. e. A statement that the Agreement is legally binding and enforceable on the property owner and any subsequent property owner(s) so long as the church use remains on Parcel 3. A copy of the legal instrument(s) shall be approved by the City Attorney and the Planning Director as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be submitted to the Department of Community Development for the file. 11. Exiting for the proposed church use shall conform to Building and Fire Department requirements. 12. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 13. 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. 14. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 15. The Planning Commission reserves the right to review Conditional Use Permit No. 91-21 and Conditional Exception (Variance) No. 91-17 at any time and impose new conditions if deemed necessary. 16. The City Council reserves the right to revoke Conditional Use Permit No. 91-21 and Conditional Exception (Variance) No. 91-17 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 17. This conditional use permit and condition exception (variance) 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. 18. The applicant/property owner shall be responsible for paying any subject Traffic Impact Fees prior to issuance of a Certificate of Occupancy. 19. No child care center and/or school shall be operated on the subject site unless a conditional use permit for that specific use is granted by the Planning Commission. PC Minutes - 6/18/91 -12- (1421d) J B-4 CONDITIONAL USE PERMIT NO 91-17/LIMITED SIGN PERMIT NO 91-4/NEGATIVE DECLARATION NO, 91-11: APPLICANT: Presbytery of Los Ranchos LOCATION: 16871 Bolsa Chica Road Conditional Use Permit No. 91-17 is a request for a phased Master Plan for a 21,492 square foot, 400 seat Presbyterian Church with seven (7) classrooms pursuant to Section 9630.0 of the Huntington Beach Ordinance Code. The request includes a two level semi -subterranean parking structure to be located at the rear of the property, with special permits to allow two (2) compact parking spaces and to eliminate the required ten (10) foot landscape planter around two (2) sides of the structure. Limited Sign Permit No. 91-4 is a request to retain the existing 13 foot high, 36 square foot changeable copy sign for a period of two (2) years pursuant to Section 9610.8(c) of the Huntington Beach Ordinance Code. Section 9610.8(c) specifies that the Planning Commission may grant a two (2) year extension of time for non -conforming signs. A cash bond of $2,000 is required to guarantee the removal after the expiration of the extension of time. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-11, Conditional Use Permit No. 91-17 and Limited Sign Permit No. 91-4 with findings and suggested conditions of approval. The Commission expressed concern with Phase II of the request that was five (5) years into the future. It was proposed that a condition be added stating any modifications to the Phase II portion be approved by the Planning Commission. It was also requested that an intensified landscape be incorporated within the 10 foot setback behind the parking structure. THE PUBLIC HEARING WAS OPENED. Dr. Kassovni, 330 No. Broadway, Anaheim, staff member of the church spoke for the request. He explained the reason for phasing the project was slow growth of the congregation, within the first year. Roseanne Kings, Project Designer, stated she agreed with staff recommendations except 10 foot setback in rear, she felt it would be unsafe. She was also concerned with the limitation to two (2) services and four (4) foot planting in Phase I that would later have to be removed. PC Minutes - 6/18/91 -13- (1421d) Joseph Woollett, Architect, stated he was concerned with the changes the Commissioners were introducing, without time to work them out with staff. John March, 17211 Sandra Lee, stated he did not agree with the alternative findings for denial. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE PROJECT AND PUBLIC HEARING WAS CLOSED. Straw votes were taken on the following modifications to conditions of approval: A four (4) foot wide by 144 foot long landscape planter shall be provided in the center of the rear parking area. (6 ayes, Kirkland noe) Landscape pockets shall be provided along the north property line. (7 ayes) Hours of operation to be elimated with a one (1) review if complaints are received from neighbors. (7 ayes) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE NEGATIVE DECLARATION NO. 91-11, CONDITIONAL USE PERMIT NO. 91-17 WITH A SPECIAL PERMIT TO ALLOW TWO (2) COMPACT SPACES AND LIMITED SIGN PERMIT NO. 91-4 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, Dettloff, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 91-17: 1. The location, site layout, and design of the proposed 21,492 square foot church 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 use to another on site are properly integrated with deletion of special permit. 3. The access to and parking for the proposed church does not create an undue traffic problem as the parking structure. PC Minutes - 6/18/91 -14- (1421d) 1 FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 2. The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. FINDINGS FOR APPROVAL - LIMITED SIGN PERMIT NO, 91-4: 1. Allowing the maintenance of the sign for an additional two (2) years will not adversely affect other signs in the area. 2. The proposed extension of time will not be detrimental to property located in the vicinity of such sign, and will be in keeping with the character of the surrounding area. 3. The sign in its existing location along Bolsa Chica Road will not obstruct pedestrian or vehicular traffic vision. 4. Due to the unique circumstances applicable to the sign, immediate alteration, removal or replacement of the sign will result in an economic hardship. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-11/PHASE I: 1. The site plan, floor plans, and elevations received and dated June 11, 1991 shall be the conceptually approved layout with the following modification: a. A four (4) foot wide by 144 foot long landscape planter shall be provided in the center of the rear parking area. b. Landscape pockets shall be provided along the north property line. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit copy of revised site plan for review and approval. b. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. PC Minutes - 6/18/91 -15- (1421d) 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 9607 and Article 963 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. Perimeter fencing plans for review and approval which depict decorative materials. 4. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. e. Address numbers shall be installed to comply with Fire Department Specifications. 5. Hours of operation shall not be limited, but subject to an annual review if complaints are received. 6. Seating in the sanctuary shall be limited to 190 seats (a maximum of 285 linear feet of pew seating). 7. The Fellowship Hall shall not be used in conjunction with the Sanctuary. 8. There shall be no use of outdoor bells, chimes public address systems, music, or other source sound which may disturb adjacent residents.* 9. All signs shall conform to the Huntington Beach Ordinance Code Article 961 or permitted otherwise. PC Minutes - 6/18/91 -16- (1421d) 10. A minimum six (6) foot high concrete block or masonry wall shall be constructed on both side and rear property lines as required pursuant to Section 9772 Required Walls of the Huntington Beach Ordinance Code. 11. A conditional use permit shall be approved for the establishment of a school operating from Monday through Friday. 12. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 13. 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. 14. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 15. 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. The applicant shall restripe the parking lot so that it conforms to provisions of Article 960"of the Huntington Beach Ordinance Code. c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 16. The developer shall be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 17. The Planning Commission reserves the right to modify the terms of this Conditional Use Permit No. 91-17 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 18. Conditional Use Permit No. 91-17 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 - CONDITIONAL USE PERMIT NO, 91-11/PHASE II: 1. The site plan, floor plans, and elevations received and dated June 11, 1991 shall be the conceptually approved layout with the following modifications: PC Minutes - 6/18/91 -17- (1421d) 2. a. The parking structure at zero (0) foot setback on the western property line shall be redesigned to incorporate a landscape planter between the wall and the parking spaces. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit copy of revised site plan 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. 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). e. Elevations shall depict colors and building materials proposed. f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. g. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, soil corrosivity, fill properties, foundations, retaining walls, streets, and utilities. i. The Design Review Board shall review and approve the colors, materials and architectural features for the proposed parking structures. PC Minutes - 6/18/91 -18- (1421d) 1 j. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. k. Any modifications to the approved site plan shall be subject to site plan review by the Planning Commission. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 and Article 963 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. 4. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. PC Minutes - 6/18/91 -19- (1421d) 4. 5. 6. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f. Elevators shall be sized to accommodate an ambulance gurney (mm. 6' 8" wide by 4' 3" deep with 42" opening). g. Address numbers shall be installed to comply with Fire Department Specifications. Hours of operation shall not be limited, but subject to an annual review if complaints are received. Seating in the sanctuary shall be limited to 400 seats (a maximum of 600 linear feet of pew seating). The Fellowship Hall shall not be used in conjunction with the Sanctuary. 7. There shall be no use of outdoor bells, chimes public address systems, music, or other source sound which may disturb adjacent residents.* 8. The parking structure shall incorporate textured, non -squeal surface.* 9. All signs shall conform to the Huntington Beach Ordinance Code Article 961 or permitted otherwise. 10. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 11. 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. 12. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 13. 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. Discontinue construction during second stage smog alerts. 14. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 15. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: PC Minutes - 6/18/91 -20- (1421d) 1 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. The applicant shall restripe the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 16. The developer shall be responsible for payment of any additional fees adopted in the opcoming Water Division Financial Master Plan. 17. The developer shall be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 18. The Planning Commission reserves the right to modify the terms of this Conditional Use Permit No. 91-17 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. CONDITIONS OF APPROVAL - LIMITED SIGN PERMIT NO 91-4: 1. The site plan and sign elevation received and dated June 11, 1991, shall be the conceptually approved layout. 2. Limited Sign Permit No. 91-4 shall be valid for two (2) years (until June 18, 1993). 3. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $2,000 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the sign. If the sign is not made to conform with the applicable provisions of the sign ordinance after two (2) years from the date of approval, or remodel of the property, whichever comes first, the City of Huntington Beach or its agents or employees may enter the property where said sign is located and remove said sign and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. *Mitigation Measure PLEASE NOTE ITEM B-8 WAS BROUGHT FORWARD AND ACTED UPON AT THIS TIME. THE MINUTES, HOWEVER, WILL REFLECT THIS ACTION IN ITS ORIGINAL ORDER PC Minutes - 6/18/91 -21- (1421d) B-5 CONDITIONAL USE PERMIT NO 90-70/COASTAL DEVELOPMENT PERMIT N0, 91-6/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-19: APPLICANT: REM Engineering LOCATION: 21502 Brookhurst Street (Southeast corner of Brookhurst Street & Hamilton) Conditional Use Permit No. 90-70 is a request to allow substantial renovation to an existing service station pursuant to Section 9220.12 of the Huntington Beach Ordinance Code. The applicant proposes to add a new canopy and pump island along Hamilton Avenue, and to upgrade the existing structures, pavement and landscaping. The station is currently non -conforming with regard to lot area and the requirement that service bay doors face away from public streets. Conditional Exception No. 91-19 was filed because two of the landscape areas, which are required to comply with current code, are deficient in the following areas: a. A 10-foot wide landscape planter is required along street property lines. The applicant is proposing to retain an existing 6-foot wide planter along Brookhurst Street. b. Service stations are required to provide a 600 square foot landscape planter at the arterial street intersection. The applicant is proposing a 561 square foot planter. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Coastal Development Permit No. 91-6, Conditional Use Permit No. 90-70 and Conditional Exception No. 91-19 with findings and suggested conditions of approval. The Commission noted to staff that the soils report was missing in the toxic conditions. Staff stated it would be added. THE PUBLIC HEARING WAS OPENED. Larry Warren, REM Engineering, stated one point of clarification to Condition No. 12. A snack shop already exists so the condition should read any expansion of the existing snack shop to "mini -mart" would require Planning Commission approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the deletion of Condition No. 2d, since a soil report would be a waste of time as the pumps are already in existence. PC Minutes - 6/18/91 -22- (1421d) r� A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 91-6, CONDITIONAL USE PERMIT NO. 90-70 AND CONDITION EXCEPTION (VARIANCE) NO. 91-19 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, Dettloff, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) N0. 91-19: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply to other property where service stations are generally located. The existing layout of the building, pump island and driveways, which will be retained, prevents the applicant from fully expanding two (2) landscape planters. To do so would impede vehicle movement. 2. The granting of Conditional Exception (Variance) No. 91-19 to reduce planter width and area will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming property in the neighborhood because the site overall contains more than 10% landscaped area, and a visual buffer between the service station and the public right-of-way is still provided. 3. The granting of this conditional exception from the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to upgrade the overall appearance of the site upon substantial rehabilitation. The applicant is providing new, increased planting areas on the site as a whole which exceed the total area required by code. 4. The granting of the Conditional Exception for reduced planter width and area will not adversely affect the General Plan of the City of Huntington Beach because the applicant meets the intent of the City landscape provisions to upgrade the visual quality of the site. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT: 1. The location, site layout, and design of the proposed service station 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. PC Minutes - 6/18/91 -23- (1421d) 3. The access to and parking for the proposed service station does not create an undue traffic problem. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 91-6: 1. The proposed service station development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 91-6 is consistent with the CZ (Coastal Zone) suffix, the C4 zone as well as other provisions of the Huntington Beach Ordinance Code applicable to the property, with the exception of minor landscape variances as granted in conjunction with this application. 3. At the time of occupancy, the proposed service station can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed service station development does not interfere with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 5, 1991 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. Elevations shall depict colors and building materials proposed. c. If outdoor lighting is included, 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. d. The site plan conditions of verbatim. shall include (or reference page) all approval imposed on the project printed PC Minutes - 6/18/91 -24- (1421d) 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 Article 922 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. All applicable Public Works fees shall be paid. d. The property owner shall furnish copies of existing reciprocal easement agreements between the subject site and the Carls Jr. property to the east and south, or enter into an irrevocable offer to dedicate such reciprocal driveway easement(s). A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. 4. A planned sign program shall be submitted and approved for all signing. Said program shall be submitted for approval prior to final inspection. 5. The Public Works Department requirements are as follows: a. Street dedications are required on Brookhurst Street and Hamilton Avenue. b. Remove existing tree wells located within the sidewalk areas. c. Remove and replace existing curb and gutter on Brookhurst Street south of existing catch basin. d. Remove all existing driveways and replace with radius type. e. Install street lights per Traffic Engineer's requirement. PC Minutes - 6/18/91 -25- (1421d) 6. Fire Department Requirements are as follows: a. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. b. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. Swing joints must be provided at connections of underground piping and underground tanks. 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. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 11. All repair work shall be "minor" as defined in the Huntington Beach Ordinance Code, and shall be conducted wholly within the building. 12. The site shall be restricted to servicing of automobiles and sale of automobile -related products. Expansion of the existing snack shop to convenience market or "mini -market" or beer and wine sales shall not be permitted without the approval of a Conditional Use Permit by the Planning Commission. 13. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 14. 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-6 TENTATIVE TRACT NO 14489/ADMINISTRATIVE REVIEW NO 91-5/CONDITIONAL EXCEPTION (VARIANCE) N0. 91-20/NEGATIVE DECLARATION N0, 91-14: APPLICANT: Pacific Beach Company LOCATION: 18241/18251 Gothard Street PC Minutes - 6/18/91 -26- (1421d) Tentative Tract No. 14489, Administrative Review No. 91-5, Conditional Exception (Variance) No. 91-20 and Negative Declaration No. 91-14 is a request for an eight (8) lot industrial subdivision with a special permit to allow four (4) compact parking spaces and a conditional exception (variance) for elimination of the required landscape setback adjacent to a community facility. The tentative tract map is filed pursuant to Section 9930.2 of the Huntington Beach Ordinance Code. The administrative review is pursuant to Section 9530.01 and the special permit is pursuant to Section 9606.3 and the conditional exception (variance) is pursuant to Section 9530.13 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-14 and approve Tentative Tract No. 14489, Conditional Exception (Variance) No. 91-20 and Administrative Review No. 91-5 with findings and suggested conditions of approval. Staff recommended the deletion of Condition No. lle (Tentative Tract No. 14489) and Condition No. 9 (Administrative Review No. 91-5). The Commission concurred. THE PUBLIC HEARING WAS OPENED. Ron Pattinson, representing applicant, concurs with all requirements. He stated he was available to answer any questions the Commission 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 SHOMAKER, SECOND BY LEIPZIG, TO APPROVE NEGATIVE DECLARATION NO. 91-14, TENTATIVE TRACT NO. 14489, ADMINISTRATIVE REVIEW NO. 91-5 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-20 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, Dettloff, Leipzig FINDINGS FOR APPROVAL - TENTATIVE TRACT NO, 14489: 1. The size, depth, frontage, street width, and other design features of the proposed eight (8) lot industrial subdivision 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. PC Minutes - 6/18/91 -27- (1421d) 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of General Industrial M1-CD zoning were implemented. 3. The General Plan has set forth provisions for industrial developments 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 eight (8) lot industrial subdivision. 5. Tentative Tract No. 14489 for an eight (8) lot industrial subdivision is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO.91-20: 1. Due to the narrow width of the lot, there are exceptional or extraordinary circumstances or conditions applicable to the land involved that do not apply generally to other property or uses in the district. 2. The granting of a conditional exception (variance) for elimination of the landscape buffer is necessary in order to preserve the enjoyment of one (1) or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 91-20 for elimination of the landscape buffer will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming land, property or improvements in the neighborhood. 4. The granting of this conditional exception (variance) from Section 9530.13 of the Huntington Beach Ordinance code will not defeat the general purposes or intent of the code which is to provide attractive uses adjacent to community facilities, due to excess landscaping provided on -site and the larger front setback provided for the buildings. FINDINGS FOR APPROVAL - ADMINISTRATIVE REVIEW NO, 91-5: 1. The location, site layout, and design of the proposed eight (8) lot industrial project properly adapts the proposed structures and uses in a harmonious manner. 2. The combination and relationship of one proposed to another on a site are properly integrated. 3. The access to and parking for the proposed eight (8) lot industrial project does not create an undue traffic problem. PC Minutes - 6/18/91 -28- (1421d) FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1. A special permit to allow four (4) of the parking spaces for the industrial project to be compact spaces is consistent with the requirements of the Huntington Beach Ordinance Code. 2. The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. 3. The special permit will result in a more effective and efficient circulation pattern and parking layout. 4. The special permit will enhance the general appearance of the development and its surroundings. 5. The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO, 14489: 1. The tentative tract map received and dated June 13, 1991 shall be the approved map with following modifications: a. The existing utility easement on the southern property line shall be depicted and called out for abandonment. b. A street design intersection rather than a driveway design intersection shall be indicated for the intersection of the 28 foot reciprocal driveway easement with Gothard Street. 2. 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. 3. The water system shall be located within vehicular travelways and dedicated to the City. The developer shall be held responsible for repairing any enhanced pavement, if the water mains, etc., require repair or maintenance. 4. The developer will be responsible for payment of any additional fees adopted in the upcoming Water Division Financial Master Plan. 5. Low volume fixture heads shall be incorporated into the design of the water system of each building. 6. Developer shall use "drought tolerant" plants and turf for all common area landscaping. Landscape plans shall be approved by the Department of Public works. 7. The water system shall be installed per the Public Works Department's standards, ordinances and policies. PC Minutes - 6/18/91 -29- (1421d) 8. On -site sewers shall be private. 9. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final building inspection. 10. Prior to approval of grading permit the developer shall: a. Submit a soils report and grading plan for Public Works approval. b. Hydrology/Hydraulic studies shall be submitted. 11. Prior to final inspection the developer shall: a. Remove and replace existing sidewalk on Gothard Street. b. Remove existing trees and tree wells on Gothard Street. c. Remove existing driveways. d. Repair existing curb and gutter where tree has uplifted it. e. Full Public Works improvements are required on Gothard. 12. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works department requirements. 13. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. 14. All vehicular access rights to Gothard Street shall be released and relinquished to the City of Huntington Beach except at private street intersection. 15. 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 CONDITIONS OF APPROVAL - ADMINISTRATIVE REVIEW NO, 91-5: 1. The site plans, floor plans and elevations received and dated June 13, 1991 shall be the approved plans. 2. The 28 foot reciprocal driveway easement shall be red -curbed and no on -street parking shall be permitted. 3. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to Department of Development Services and Public Works for review and approval. PC Minutes - 6/18/91 -30- (1421d) b. Rooftop Mechancal Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. c. A covenant and agreement setting the maximum area to be used for manufacturing and office for each building shall be submitted to the Department of Community Development for City Attorney approval as to form. Said covenant and agreement shall be recorded with the County Recorder's Office prior to the issuance of an Certificate of Occupancy for the proposed buildings. d. Final elevations shall be reviewed by the Design Review Board. 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Use of each building shall be restricted to one (1) occupant. 6. A planned sign program shall be approved by the Design Review Board for all signing. Said program shall be approved prior to the first sign request. 7. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations throughout all buildings. b. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. c. Building addresses shall meet Fire Department specifications. d. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. e. A fire alarm system shall be installed to comply with the Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. The system shall provide water flow, valve tamper and trouble detection and 24 hour supervision. f. Installation or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. PC Minutes - 6/18/91 -31- (1421d) g. Fire access roads shall 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 (24' or 27' fire lanes, turnarounds and 17' by 45' radius turns.) h. Names of streets must be approved by the Huntington Beach Fire Department prior to occupancy of the buildings. i. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. j. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and No. 431 for the abandonment of oil wells and site restoration. k. The project shall 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. 8. Maximum separation between building wall and property line shall not exceed two (2) inches. 9. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers except on lots D and E behind the gated area and with proper screening in the gates and fencing. 10. All repair work shall be conducted wholly within each building. 11. 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. 12. Transformers, backflow devises, and other utility apparatus shall be located behind front and side yard setbacks where possible and shall be screened from public rights -of -way. 13. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 14. All applicable Public Works Fees shall be paid prior to issuance of building permits. 15. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling to the depth of native soil and laboratory testing of materials to provide detailed recommendations regarding methane, contaminated soils and waste associated with petroleum products, grading, chemical and fill properties, foundations, retaining walls, streets and utilities. PC Minutes - 6/18/91 -32- (1421d) 16. Prior to the issuance of a grading permit a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 17. 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 store 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. 18. Prior to 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 improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Final Tract Map No. 14489 shall be accepted by the City Council. It shall be recorded with the County Recorders Office and a copy submitted to Community Development Department. d. Compliance with all conditions of approval specified herein shall be accomplished. 19. The Planning Commission reserves the right to modify the terms of this administrative review if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-7 ANNUAL REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT: APPLICANT: Robert Mayer Corporation LOCATION: Northside of Pacific Coast Highway between Huntington Street and Beach Boulevard (Waterfront Project) The Waterfront Development Agreement is being submitted to the Planning Commission for annual review purposes, pursuant to Section 2 (Page 34) of said agreement, to determine whether or not the developer, Robert L. Mayer, has complied with the terms and conditions of the Agreement up until this date. It was approved by the City Council in August 1988, and recorded in January 1989. Phase I of the Agreement, Hilton Hotel, was completed in July, 1990. This is the first annual review. PC Minutes - 6/18/91 -33- (1421d) Following a public hearing, the developer has complied with the contrary, make a recommendation appropriate action. Such actin for final action. STAFF RECOMMENDATION: Commission shall either find that the Agreement or, if it finds to the to the City Council regarding n will be forwarded to the City Council Staff recommends the Planning Commission make the determination that the developer has substantially complied with the terms and conditions of the Waterfront Development Agreement as required up until this date and forward to the City Council for approval. The Commission discussed their concern regarding unsolved affordable housing issue and asked staff to relay their concerns to City Council. THE PUBLIC HEARING WAS OPENED. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO DETERMINE THAT THE DEVELOPER, ROBERT L. MAYER, HAS SUBSTANTIALLY COMPLIED WITH THE TERMS AND CONDITIONS OF THE WATERFRONT DEVELOPMENT AGREEMENT AS REQUIRED UP UNTIL THIS DATE AND FORWARD TO THE CITY COUNCIL FOR APPROVAL WITH THE PLANNING COMMISSION'S CONCERN REGARDING POSSIBLE NON-COMPLIANCE WITH THE AFFORDABLE HOUSING CONDITION, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig B-8 CONDITIONAL USE PERMIT NO. 97-29/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-21: APPLICANT: F.H.P., Inc. LOCATION: 19066 Magnolia The applicant has requested to continue Conditional Use Permit No. 91-29 and Conditional Exception (Variance) No. 91-21 to a date uncertain due to unforeseen delays and problems associated with litigation between FHP, Inc. and the other tenants on the site. It is anticipated that should the litigation result in a favorable conclusion for FHP, Inc. the application will be rescheduled. 1 PC Minutes - 6/18/91 -34- (1421d) STAFF RECOMMENDATION: Staff recommends that the Planni rig Commission continue the application for Conditional Use Permit No. 91-29 and Conditional Exception (Variance) No. 91-21 at the applicant's request to a date uncertain. The Commission was concerned with continuing an item to a date uncertain and requested that the continuance be accepted for 60 days. A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO CONTINUE CONDITIONAL USE PERMIT NO. 91-29 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-21 AT THE APPLICANT'S REQUEST TO THE AUGUST 20, 1991 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None E. DISCUSSION ITEMS Commissioner Richardson - requested Chairman Kirkland to inquire as to how the Planning Commissioners' stipend could be raised. He also asked staff if the code could be changed to allow the body that enacts the entitlement be the same body that has the power to revoke the entitlement. Counsel explained that request to raise the Commissioners' stipend must be done by Resolution to the City Council and Mike Adams told Commissioner Richardson that the revoking power is currently being discussed in the Division 9 Code rewrite. Commissioner Richardson also requested that staff perform 1/2 day work session on the duties of a Planning Commissioner. Commissioner Bourguignon - stated he would like to make the suggestion that 55% site coverage with no exceptions in R1 zoning be incorporated in the Division 9 rewrite. Commissioner Newman - stated she would like to see the Division 9 written with as much simplicity as possible, in order for all to understand. PC Minutes - 6/18/91 -35- (1421d) F. PLANNING COMMISSION INQUIRIES Commissioner Richardson - questioned Counsel about the Santa Ana bedroom ordinance discussed at a previous Planning Commission meeting. Counsel explained the ordinance had been challenged and is not yet resolved. Commissioner Richardson requested that Public Works check the left turn signal on Pacific Coast Highway and Warner Avenue to see if it is the City's or Cal Trans. Commissioner Shomaker - requested she have a phone number or pager number to reach staff after hours. Commissioner Kiikland - requested'staff to look into a single family residence on Delaware that is in disrepair. G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the June 17, 1991 City Council meeting. I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY DETTLOFF, TO ADJOURN TO A 6:00 P.M. STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON JULY 23, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: C{. Mike A aims, ecretary PC Minutes - 6/18/91 -36- (1421d)