HomeMy WebLinkAbout1991-07-23APPROVED_1L22L92
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MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, JULY 23, 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.
Dianne Easterling, 203-8th Street, spoke in reference to a
Commissioner's comments regarding the Niccole's Restaurant
public hearing of July 2, 1991. Ms. Easterling felt the
comments were patronizing and unprofessional.
B. PUBLIC HEARING ITEMS
B-1 CONDITIONAL USE PERMIT NO 91-27/COASTAL DEVELOPMENT PERMIT
NO. 91-19/ CONDITIONAL EXCEPTION [VARIANCE) NO 91 29
CONTINUED FROM THE JULY 2 1991 PLANNING COMMISSION MEETING):
Applicant. Kevin McCaan
CUP/CDP: Expansion of pizza restaurant with beer and wine
sales and live entertainment into adjacent suite.
CE: Four (4) space parking variance; existing 26 space
substandard parking lot in lieu of required 30 spaces.
LOCATION: 316 B Main Street
Conditional Use Permit No. 91-27 is a request for an expansion of a
1,200 square foot restaurant with beer and wine sales and live
entertainment into an adjacent 600 square foot suite. Any expansion
or change of use in District 5 requires approval of a conditional
use permit pursuant to Section 4.7.01(b) of the Huntington Beach
Ordinance Code (Downtown Specific Plan). Section 989.5.3.1(b) also
requires approval of a coastal development permit when improvements
result in a change in the intensity of use within a structure.
Coastal Development Permit No. 91-19 is a concurrent request to
allow the restaurant expansion into the adjacent suite.
Conditional Exception (Variance) No. 91-29 is a request to allow the
proposed restaurant expansion with a four (4) space parking variance
and a substandard parking lot. The subject property contains a 26
:pace parking lot located at the rear. The proposed expansion would
require 30 spaces to be provided on -site.
Staff -recommends that the Planning Commission approve Conditional
Use Permit No. 91-27, Coastal Development Permit No. 91-19 and
Conditional Exception (Variance) No. 91-29 with findings and
suggested conditions of approval.
A discussion ensued among the Commissioner's regarding parking lot
usage at 50% and whether the turnaround would infringe on the
adjacent property owners rights.
THE PUBLIC HEARING WAS OPENED.
Bob Bolen, Property Owner, urged the Commission to approve the
project.
Kevin McCaan, Applicant, stated he was trying to develop a family
place. He submitted menus to the Commission and urged them to
approve the project.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
PROJECT AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes - 7/23/91 -2- (1927d)
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A MOTION WAS MADE BY SHOMAKER, SECOND BY BOURGUIGNON, TO PRGf1
CONDITIONAL USE PERMIT NO. 91=27, COASTAL DEVELOPMENT PER1IT t`(W
91-19 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-29 WITH s p _
AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Leipzig
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Bourguignon,
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-19:
1. The proposed restaurant expansion conforms with the plans,
Policies, requirements and standards of the Huntington Beach
Coastal Element of the General Plan, because it implements the
adopted Coastal Land Use Plan and Downtown Specific Plan by
preserving and expanding visitor serving opportunities.
2. Coastal Development Permit No. 91-19 is consistent with the CZ
(Coastal Zone) suffix, the Downtown Specific Plan District 5 and
other provisions of the Huntington Beach Ordinance Code
applicable to the property with the exception of parking
provisions which are covered by a conditional exception.
3. The proposed restaurant expansion 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.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91 29:
1. The granting of Conditional Exception (variance) No. 91-29
allowing a four (4) space parking variance will not be
materially detrimental to the public health, safety and welfare,
or injurious to the land, property or improvements in the
neighborhood.
2. There are exceptional or extraordinary circumstances or
donditions applicable to the existing configuration of buildings
on -site that make it impossible for the applicant to comply with
the provisions in the Huntington Beach Ordinance Code regarding
parking lot configuration and number of spaces.
3. The proposed reconfiguration of the parking lot will provide
additional spaces for employees and patrons beyond what are
presently available. Furthermore, parking is also available on
street and within the Cit ' k'
y s VOL ing structure.
PC Minutes - 7/23/91
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91127. _
1. The
proposed restaurant expansion will not be detrimental -to -the
general welfare of persons residing or working in the vicinity
or property and improvements in the vicinity of such use or
building since the use is consistent with the mixed use zoning
designation and the past uses of the site.
2. The granting of Conditional Use Permit No. 91-27 for the
expansion of the use will not adversely affect the General Plan
of the City of Huntington Beach.
3. The proposal is consistent with the goals and objectives of the
City's General Plan and Land Use Map. The restaurant/bar is a
permitted use within the mixed use designation of the Land Use
element of the General Plan.
4. The granting of Conditional Exception (Variance) No. 91-29 will
not adversely affect the General Plan of the City of Huntington
Beach.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-27/ COASTAL
DEVELOPMENT PERMIT NO. 91-19:
1. The site plan, floor plans, and elevations received and dated
June 25, 1991 shall be the conceptually approved layout.
2. Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. All rooftop mechanical equipment and satellite antennas shall
be screened from any view. Said screening shall be
architecturaly compatible with the building in terms of
materials and colors. If screening is not designed
specifically into the building, a rooftop mechanical
equipment plan must be submitted showing screening and must
be approved by the Department of Community Development.
b. All proposed signage and exterior modifications shall be
reviewed and approved by the Design Review Board.
c. The site plan shall include (or reference page) all
conditions of approval imposed on the project printed
verbatim.
3. Prior to issuance of Certificate of Occupancy, the
applicant/owner shall complete the following:
PC Minutes - 7/23/91
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a. The property owner shall record a covenant-Q Ii ' bold
both lots as one parcel (Lots 16 and 18 of the Hunt"ing.ton __
Beach Tract). 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.
b. All applicable Public Works fees shall be paid.
4. The proposed use shall comply with all applicable Fire and
Building Codes including Chapter 33 of the Uniform Building Code.
5. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
6. Prior to final building permit approval or issuance of a
Certificate of Occupancy, the following shall be completed:
a. The applicant shall obtain the necessary permits from the
South coast Air Quality Management District and submit a copy
to Community Development Department.
b. All signs shall be brought into compliance with Huntington
Beach Ordinance Code. (Article 961)
c. Compliance with all conditions of approval specified herein
shall be accomplished.
7. A review of the use shall be conducted within six (6) months of
the issuance of Certificate of Occupancy or final building
permit approval to verify compliance with all conditions of
approval and applicable Articles of the Huntington Beach
Ordinance Code. If, at that time, there is a violation of these
conditions or code sections, Conditional Use Permit No. 91-27
may be revoked.
8. The Planning Commission reserves the right to modify the terms
of Conditional Use Permit No. 91-27 if any violation of these
conditions or the Huntington Beach Ordinance Code occurs.
9. Conditional Use Permit No. 91-27 shall be come null and void
unless exercised within one (1) year of the date of final
approval, or such extension of time as may be granted by the
Planning Commission pursuant to a written request submitted to
the Planning Department a minimum 30 days prior to the
expiration date.
PC Minutes - 7/23/91
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(1927d)
B-2 APPEAL OF THE ZONING ADMINISTRATOR' APPROVAL OF COASTAL
DEVELOPMENT PERMIT NO 1-10 U E PERMIT NO. 91-10 CONTINUED
FROM THE JULY 2, 1991 PLANNING COMMISSION MEETING):
APPLICANT: City of Huntington Beach
LOCATION: Northeast corner of Pacific Coast Highway and 5th
Street.
This item is an appeal of the Zoning Administrator's approval of
Coastal Development Permit No. 91-10 and Use Permit No. 91-10. The
approval permitted the placement of one (1) 24 foot x 60 foot
temporary sales trailer on the inland side of Pacific Coast Highway
and 5th Street for 12 months pursuant to Section 9730.30 of the
Huntington Beach Ordinance Code. The trailer will serve as a
temporary relocation facility for Jack's Surf Shop.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission deny the appeal and
approve Coastal Development Permit No. 91-10 and Use Permit No.
91-10 with findings and suggested conditions of approval.
The Commissioners questioned staff as to future development and the
use the temporary trailers will play. Keith Bohr, Project Manager
Redevelopment, stated they may or may not use trailers in the
future. He stated this is the only current trailer use.
THE PUBLIC HEARING OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY KIRKLAND, SECOND BY LEIPZIG, TO DENY THE APPEAL
AND APPROVE COASTAL DEVELOPMENT PERMIT NO. 91-10 AND USE PERMIT NO.
91-10 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Kirkland,
NOES: Richardson, Newman
ABSENT: None
ABSTAIN: None
MOTION PASSED
Dettloff, Bourguignon, Leipzig
PC Minutes - 7/23/91 -6- (1927d)
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FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 9 10 --
1. The request to permit the placement of a temporary retail sales
trailer conforms with the plans, policies, requirements and
standards of the Coastal Element of the General Plan. The
proposed trailer will not affect public views of the coast
because of required setbacks from Fifth Street and Pacific Coast
Highway. In addition, the proposed trailer will not impact
coastal access.
2. Coastal Development Permit No. 91-10 is consistent with the CZ
suffix zoning requirements, the R1 Zoning District, as well as
other provisions of the Huntington Beach Ordinance Code
applicable to the property. The proposed trailer will help to
promote visitor serving commercial businesses and will meet all
applicable provisions of the Downtown Specific Plan.
3. At the time of occupancy, the proposed trailer will be provided
with infrastructure in a manner that is consistent with the
Coastal Element of the General Plan. All necessary
infrastructure is currently in place.
4. The proposed trailer conforms with the public access and public
recreation policies of Chapter 3 of the California Coastal Act.
The trailer will not impact public access or water oriented
recreation.
FINDINGS FOR APPROVAL - USE PERMIT NO 91 10:
1. The establishment, maintenance and operation of the temporary
trailer for relocation of downtown merchants will not be
detrimental to:
a. The general welfare of persons residing or working in the
vicinity; Because other vacant lots in the immediate vicinity
will be paved to replace parking lost as a result of placing a
trailer at this location.
b. Property and improvements in the vicinity of such use or
building. The proposed trailer is temporary.
2. The proposal is consistent with the goals and objectives of the
City's General Plan and Land Use Map. The proposed trailer is in
compliance with the General Plan Land Use Designation of mixed use
because it will help to promote the visitor serving commercial
businesses in the downtown area.
CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
March 4, 1991 shall be the conceptually approved layout with the
following modifications:
PC Minutes - 7/23/91
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a. The structure shall be placed a minimum of`fifteen (15)^feet
from the front property line including the handicap ramp.
b. Four (4) parking spaces for the trailer shall be provided on
the north side of the alley which are in addition to the four
(4) spaces provided on the subject property.
C. Landscaping shall be provided in compliance with
recommendations from the Design Review Board.
2. The Planning Division shall be notified in writing if any changes
in building height, floor area, setbacks, or building elevations
are proposed as a result of the plan check process. Building
permits shall not be issued until the Planning Division has
reviewed and approved the proposed changes. The Planning Division
reserves the right to require that an amendment to the original
entitlement be processed if the proposed changes are of a
substantial nature.
3. The Design Review Board shall review and select building colors
and landscaping prior to installation of the trailer.
4. The trailer shall not be placed on site until the property on the
north side of the alley is paved and striped to provide the
required parking as well as to replace the six (6) public spaces
which presently exist on the subject property.
5. TM 3 use permit shall be valid for a period of one (1) year from
date of approval. At the end of one (1) year an extension of time
may be granted by the Planning Commission if additional time is
requested.
B-3 CONDITIONAL USE PERMIT NO 90 47 WITH SPECIAL
PERMITS/CONDITIONAL_ EXCEPTION (VARIANCE) NO 90 35/TENTATIVE
TRACT MAP NOS 14007 14009 AND 14010/MITIGATED NEGATIVE
DECLARATIONS NOS 90-44 90-45 AND 90 46 (CONTINUED FROM THE
JULY 2, 1991 PLANNING COMMISSION MEETING):
APPLICANT: Pacific Coast Homes
LOCATION: Tentative Tract Map No 14007 - Westside
Goldenwest Street, approximately 600 feet
Ellis Avenue.
Tentative Tract Map No 14009 - Northeast
Edwards Avenue at Garfield Avenue.
Tentative Tract May No 14010 - Northwest
Goldenwest Street at Garfield Avenue.
of
south of
corner of
corner of
PC Minutes - 7/23/91
(1927d)
Conditional Use Permit No. 90-47 with Special Permits-i-n-conjunction
with Conditional Exception (Variance) No. 90-35, Tentative Tract map
Nos. 14007, 14009 and 14010 and Negative Declaration Nos. 90-44, 90-45
and 90-46 were continued from the July 2, 1991 Planning Commission
meeting to allow staff time to research and address three (3) main
items of concern raised by the Planning Commission.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Mitigated
Negative Declarations Nos. 90-44, 90-45, 90-46 and Conditional Use
Permit No. 90-47 with Special Permits, Conditional Exception
(Variance) No. 90-35 and Tentative Tracts Nos. 14007 and 14009 as
amended by staff with findings and suggested conditions of approval.
A discussion ensued among the Commissioners regarding the Design
Guidelines for the Specific Plan. The Commission strongly suggested
that direct access to equestrian trails from equestrian lots be added
to the Design Guidelines and also conditioned into the tracts. The
Commission also discussed the additional children/students that would
be generated by this project and the impact it would have on the
existing school area.
THE PUBLIC HEARING WAS OPENED.
Tom Zanic, representing applicant, refered to his letter dated
July 23, 1991. Mr. Zanic explained to the Commission the conditions
that were acceptable to the applicant and those that were not. He
also explained that they were still in negotiation with the school
district, but progress was being made.
Tamar C. Stein, representing applicant, stated her concern with the
trails and the current guidelines. Ms. Stein stated the Planning
Commission did not have the right to deny the trails to the applicant
as they had followed all the rules. She also stated that the 24.3
elementary school kids would be generated.
Mary Bell, 20292 Eastwood Circle, stated she felt the equestrian trail
requirements had been met. She also stated she was in favor of the
equestrian lot cut-outs.
Gerald Chapman, 6742 Shire Circle, stated he was encouraged by the
progress being made on Design Guidelines. He discussed his feelings
on the equestrian trails.
Carrie Thomas, representing Homeowner's Association, stated the
homeowners approved of the trails completely.
Marshall Krupp, representing Huntington Beach City School District,
stated that the school issue had not yet been resolved. Mr. Krupp
also submitted a letter to the Commission.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR.AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes - 7/23/91 _9_
(1927d)
1
The Commission had a series of straw votes as follows
A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO DELETE CONDf-TION
NO. 1 WHICH REFERS TO FLAG LOTS, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Bourguignon
NOES: Dettloff, Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO ADD NEW
LANGUAGE (4 TO 6 MONTHS TIME) TO CONDITIONS REGARDING SCHOOL SITE,
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 KIRKLAND, SECOND BY BOURGUIGNON, TO MAKE NO
.CHANGES TO THE AFFORDABLE HOUSING LANGUAGE, 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 KIRKLAND, SECOND BY LEIPZIG, TO RETAIN STAFF'S
LANGUAGE IN THE EASEMENT OPTION, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes - 7/23/91
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(1927d)
A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO INCLUDE A
CONNECTOR TRAIL SYSTEM AND CONTINUE ALONG EDWARDS AND BEHIND HOMES
ON NORTH PROPERTY LINE, WITH 8 FOOT TRAILS, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
The Commission further discussed the Ellis/Goldenwest Design
Guidelines with staff then made the following votes on the request.
A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE
NEGATIVE DECLARATIONS NOS. 90-44, 90-45, 90-46, BY THE FOLLOWING
VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
A I,IGTIGN WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE
CONDITIONAL USE PERMIT NO. 90-47 WITH SPECIAL PERMITS AND
CONDITIONAL EXCEPTION (VARIANCE) NO. 90--35 WITH FINDINGS AND
CONDITIONS OF APPROVAL, 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 RICHARDSON, SECOND BY DETTLOFF, TO APPROVE
TENTATIVE TRACT MAPS NOS. 14007, 14009 AND 14010 WITH ALL STRAW
VOTES INCORPORATED, 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
PC Minutes - 7/23/91
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(1927d)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-47`.-
1. The proposed master plan of development for a 141 lot subdivision
with a potential school site designation will be compatible with
adjacent properties because it will be developed consistent with
the Ellis-Goldenwest Specific Plan standards.
2. The proposed master plan of development for a 141 lot subdivision
with a potential school site designation will not be detrimental
to the general welfare of persons working or residing in the
vicinity and detrimental to the value of the property and
improvements in the neighborhood because all mitigation measures
identified in the applicable environmental documents will be
implemented.
3. The location, site layout, and design as modified for the proposed
master plan of development for a 141 lot subdivision with a
potential school site designation properly adapts the proposed
structures to streets, driveways, and other adjacent structures
and uses in a harmonious manner.
4. The combination and relationship of the equestrian lots within the
subdivisions are properly integrated.
5. The access to and parking for the proposed 141 lot subdivision
with a potential school site designation does not create an undue
traffic problem. All street improvements identified in the
Development Agreement and negative declarations will facilitate
traffic circulation.
6. The proposed master plan of development encompasses tracts 14007
and 14009 and as modified will provide a compatible estate
residential development pursuant to the development standards of
the Ellis-Goldenwest Specific Plan.
FINDINGS FOR APPROVAL - SPECIAL PERMIT:
1. The following special permits promote a better living environment
by adapting the Ellis-Goldenwest Specific Plan requirements to
better suit the proposed 141 lot subdivision, which are compatible
with the surrounding areas:
a. Reduced front setback from 40 feet to 38 feet for lots 110,
112, 124, 126 and 128, from 30 feet to 27 feet for lots 11-13,
27, 29-30, 41, 44, 51-52, 57, 60-61, 67, 71, 86 and from 30
feet to 28 feet for lot 50 of Tract 14009.
b. Reduced rear yard requirement of 25 feet to 22 feet 6 inches
for lots 73, 74, 83 and 84 for Tract 14009.
PC Minutes - 7/23/91 -12- (1927d)
2. The requested special permits provides for maximum use of
aesthetically pleasing types of architecture, landscaping, design
and building layout. The reduction of the front and rear yard
setbacks within the the (10) percent deviation will provide a
staggered effect for building siting and, therefore, improve the
streetscape scene.
3. The requested special permits will not be detrimental to the
general health, welfare, safety and convenience, nor detrimental
or injurious to the value of property or improvements of the
neighborhood or of the City in general.
4. The requested special permits are consistent with the objectives
of the Estate Residential Development/Ellis-Goldenwest Specific
Plan standards in achieving a development adapted to the terrain
and compatible with the surrounding environment.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35:
1. There are exceptional or extraordinary circumstances or conditions
applicable to the land, buildings or premises involved that do not
apply generally to other property or uses in the district. These
circumstances are the natural topography and building site
restrictions of tract 14007, the lowering of street elevations,
property width restrictions, dedication requirements and the
required on -site circulation and development restriction of tract
14009 prohibit the master plan of development from conforming to
all the development standards of the Ellis-Goldenwest Specific
Plan.
2. The granting of Conditional Exception (Variance) No. 90-35 for
exceeding two (2) foot cut and fill limitation, allow a greater
than ten (10) percent deviation for front yard setback and to
allow a reduction for lot width (flag lots) will not be materially
detrimental to the public health, safety and welfare, or injurious
to the conforming (land, property, or improvements) in the
neighborhood. The natural topography and building site
restrictions of tract 14007, the lowering of street elevations,
property width restrictions, dedication requirements and the
required on -site circulation and development restriction of tract
14009 prohibit the master plan of development from conforming to
all the development standards of the Ellis-Goldenwest Specific
Plan.
3. Conditional Exception (Variance) No. 90-35 for exceeding two (2)
foot cut and fill limitation, allow a greater than ten (10)
percent deviation for front yard setback and to allow a reduction
for lot width (flag lots) is consistent with the goals and
objectives of the City's General Plan and Land Use Map designation
of Estate Residential. The natural topography and building site
restrictions of tract 14007, the lowering of street elevations,
property width restrictions, dedication requirements and the
required on -site circulation and development restriction of tract
14009 prohibit the master plan of development from conforming to
all the development standards of the Ellis-Goldenwest Specific
Plan.
PC Minutes - 7/23/91 -13- - (1927d)
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4. The granting of the Conditional Exception (Variance) No. 90-35 for
exceeding two (2) foot cut and fill limitation, allow a greater
than ten (10) percent deviation for front yard setback and to
allow a reduction for lot width (flag lots) will not adversely
affect the General Plan of the City of Huntington Beach. The
natural topography and building site restrictions of tract 14007,
the lowering of street elevations, property width resitrictions
and dedication requirements, the required on -site circulation and
development restriction of tract 14009 prohibit the master plan of
development from conforming to all the development standards of
the Ellis-Goldenwest Specific Plan.
FINDINGS FOR APPROVAL - TENTATIVE TRACT NO 14007:
1. The size, depth, frontage, street width, and other design features
of the proposed subdivision for 13 lots are in compliance with the
standard plans and specifications on file with the City as well as
in compliance with the State Subdivision Map Act and the
supplemental City Subdivision Ordinance.
2. The property was previously studied for this intensity of land use
at the time that the General Plan designation of Estate
Residential (3 units per gross acre) and the Ellis-Goldenwest
Specific Plan zoning designations were implemented.
3. The General Plan has set forth provisions for the proposed 13 lot
subdivision as well as setting forth objectives for the
implementation of this type of use.
4. The site is physically suitable for the proposed density of 2.16
units per gross acre.
5. Tentative Tract No. 14007 for a 13 lot subdivision is consistent
with the goals and policies of the Huntington Beach General Plan
and Ellis-Goldenwest Specific Plan.
FINDINGS FOR APPROVAL - TENTATIVE TRACT NO, 14009:
1. The size, depth, frontage, street width, and other design features
of the proposed subdivision for 128 lots and potential school site
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 - 7/23/91 -14- (1927d)
2. The property was previously studied for this intensity of la -use
at the time that the General Plan designation of Estate
Residential (3 units per gross acre) and the Ellis-Goldenwest
Specific Plan zoning designations were implemented.
3. The General Plan has set forth provisions for the proposed 128 lot
subdivision and potential school site as well as setting forth
objectives for the implementation of this type of use.
4. The site is physically suitable for the proposed density of 2.84
units per gross acre.
5. Tentative Tract No. 14009 for a 128 lot subdivision and potential
school site as amended by staff is consistent with the goals and
policies of the Huntington Beach General Plan and the
Ellis-Goldenwest Specific Plan.
The conditions shall include by reference all applicable mitigation
measures from Environmental Impact Report Nos. 88-2 and 89-1 and
Negative Declaration Nos. 90-44, 90-45 and 90-46 and all applicable
items from Development Agreement No. 90-1.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-47 A /
CONDITIONAL EXCEPTION (VARIANCE) N -35 TENTATIVE TRACT MAP
NO. 14007/ENVIRONMENTAL ASSESSMENT NO 90 44:
1. The tentative tract map received and dated April 8, 1991 shall
t:,e the conceptually approved layout with the following
modification:
a. Lettered lot A shall indicate the proper private street
boundary.
2. The site plan, floor plans, and elevations received and dated
April 8, 1991 shall be the conceptually approved layout with the
following modification:
a. The minimum front setback for the building envelope of lot 6
shall be a minimum 22 feet.
3. The project shall comply with all applicable provisions of the
Ellis Goldenwest Specific Plan, EIR 88-2, EIR 89-1, City
Ordinance Code, Building Division and Fire Department, and in
accordance with the provisions of Development Agreement 90-1.*
PC Minutes - 7/23/91 -15- (1927d)
4. Fire Department requirements are as follows:
a. The project shall meet all applicable local, State and
Federal Fire Codes, Ordinances, and standards.*
b. Automatic sprinkler systems shall be installed in all
structures of 5,000 square feet or greater in compliance with
Huntington Beach Fire Department and Uniform Building Code
Standards. Shop drawings will be submitted to and approved
by the Fire Department prior to installations. Provide NFPA
13D throughout project with two (2) inch compound water meter
and two (2) inch water services for sprinklered structures.
c. Address numbers shall be installed to comply with City
Specification No. 428. Individual units will be sized a
minimum of four (4) inches with a brush stroke of one-half
(1/2) inch.
d. Names of streets must be approved by the Huntington Beach
Fire Department prior to use per City Specification No. 409.
e. A Fire Protection Plan containing requirements of Fire
Department Specification No. 426 shall be submitted to the
Fire Department for approval.
f. The project shall comply with all provisions of the
Huntington Beach Fire Code and City Specification No. 422 and
431 for the abandonment of oil wells and site restoration.*
g. 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.*
h. Two (2) fire hydrants are required. Shop drawings showing
the design and proposed locations of hydrants shall be
submitted to the Public Works Department and approved by the
Fire Department prior to installation. Fire hydrants may be
installed in phases subject to Fire Department approval.
i. The developer shall conform to the provisions of
Holly-Seacliff Development Agreement No. 90-1 with regards to
the following sections: Section 2.2.4 Traffic Circulation
Improvements paragraph (c), (g); Section 2.2.6 Fire and
Emergency Medical Aid paragraph (a), (b) and Section 2.4.3
Uniform Codes.
PC Minutes - 7/23/91
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(1927d)
5. Public Works requirements are as follows:
a. Access for public maintenance of Goldenwest Street culvert shall be required.
b. No construction shall be permitted within the flood zone
areas of Lots 1 through 7.*
C. Building permits for Lots 5 and 6 shall not be issued until
the storm drain between said lots is constructed and in
operation (need owners agreement in writing).
d. Provide drainage system to protect slopes along north
boundary line.
e. The developer shall provide for the funding or the
construction of Goldenwest Street within the tract boundary
as a modified primary arterial highway. The design,
schedule, and reimbursement to developer for construction of
Goldenwest Street shall be in accordance with the provisions
of Development Agreement 90-1.*
f. All vehicular access rights to Saddleback Lane and Goldenwest
Street shall be released and relinquished to the City except
at locations approved by the Planning Commission.
g. The developer shall construct street and traffic signal
improvements required per Public Works' requirements
indicated in the Table J in EIR No. 88-2 as may be determined
by the City. If reimbursement is required, agreements shall
be entered into by the developer and the City in accordance
with the provisions of Development Agreement 90-1.*
h. The developer shall fund or construct adequate sewerage
facilities for the tract in accordance with the provisions of
Development Agreement No. 90-1.*
i. The developer shall pay connection fees to either Orange
County Sanitation District No. 3 or Orange County Sanitation
District No. 11, whichever is appropriate at the time of
connection to County Trunk lines.*
j. The developer shall fund or construct necessary drainage
facilities for the tract in accordance with the provisions of
Development Agreement No. 90-1.*
PC Minutes - 7/23/91 -17-
(1927d)
1
k. Low volume fixture heads shall be incorporated into the
design of the water system of each unit.
1. On -site sewers shall be private, except in public streets.
m. All public improvements and design criteria shall be to City
standards and in accordance with the requirements of the
Specific Plan, City design guidelines, and other City design
criteria.
n. All new utility lines, including but not limited to, electric
(except 66KV), telephone, street lighting and cable
television, shall be place underground within all areas in
accordance with Development Agreement No. 90-1. The
developer shall be responsible for complying with this
requirement and shall make the necessary arrangements with
the utility companies for the installation of such
facilities.*
o. The developer shall pay Water Systems Capital Facilities Fees
in accordance with Development Agreement No. 90-1.*
p. The proposed drainage culvert crossing Goldenwest Street
south of Ellis Avenue shall be constructed prior to final
building inspection of the first building.
6. The project design shall comply with standards set forth in
Title 24 to minimize total consumption of energy.*
7. Energy efficient lighting shall be used throughout the project.*
8. Pool heating units may include those which are solar powered.*
9. Tracts and individual homes shall be designed (through siting
and orientation of streets, lots, and buildings) to maximize
Passive solar heating and cooling opportunities to the extent
feasible.*
10. All outdoor lighting shall be consistent with the standards
established by the Specific Plan to minimize off -site light
intrusion.*
11. All outdoor lighting shall be hooded and directed downward to
minimize direct light and glare impacts on public rights -of -way
and surrounding properties.*
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(1927d)
1
12. Street lighting shall consist of energy
shall be consistent with the City street
efficient lighting and
lighting standards.*
13. Fire access lanes must be provided and kept unobstructed to
prevent adverse impacts on fire protection from ongoing oil
production hazards.*
14. The project developer shall provide easy access into and within the project site for emergency vehicles. All internal roadways
shall comply with the City of Huntington Beach Fire Department's
requirements to provide adequate access for emergency vehicles.*
15. The project shall be designed such that all areas of the project
shall be well -lit, including alcoves, walkways, doorsteps, and
parking facilities.*
16. Addresses shall be well marked to facilitate response by
officers.
17. The developer shall implement water conservation measures
applied City-wide as recommended by the Water Division of the
City's Public Works Department.*
18. To reduce the projects impacts on waste disposal facilities, the
project design shall develop a means for reducing the amount of
waste generated both during construction and when the project is
in use. The waste reduction program shall be approved by the
Planning Director prior to issuance of building permits.
Potential ways of reducing project waste loads include
implementation of recycling programs, and use of low maintenance
landscaping (i.e., native vegetation instead of turf).*
19. The developer shall contact an approved disposal company during
the design stage to ensure the most efficient and economical
means for rubbish removal. The design shall include rubbish
enclosures, projected travel areas, and turnabouts where
necessary.*
20. The developer shall consult with the Southern California Gas
Company during the building design phase for further energy
conservation measures.*
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(1927d)
21. The developer shall consult with Southern California Edison
during the building of design phase for further energy
conservation measures.*
22. The developer shall submit to General Telephone building plans
which will enable GTE to assess the improvements necessary to
provide service to the project site.*
23. The Huntington Beach Union High School District shall coordinate
its expansion plans with phasing of development within the
Project area and surrounding areas.*
24. Developers shall submit to Southern California Gas and Southern
California Edison planning divisions all tract maps and
improvement plans for the project so that proper planning,
phasing and sizing of needed mains and service lines can be
designed.*
25. Building construction shall comply with the standards and
specifications of Paragon Cable TV Company.*
26. Development of the proposed project shall occur concurrently
with development of the City's water system improvements to
allow for adequate water service to the site subject to
Development Agreement 90-1.*
27. All proposed development shall comply with the phasing and
design of water faci lii:.J.es as shown on ""lie water facilities map
in accordance with Development Agreement 90-1 so as to provide
adequate looped systems to service the adjoining properties.*
28. The applicant shall consult the Police Department during
preliminary stages of the project design to review the safety
features, determine their adequacy, and suggest improvements.*
29. The developer shall provide constructive notice to all buyers as
to the equestrian nature of the Community and shall specify
which lots can accommodate equestrian boarding.
30. Equestrian trails within the proposed
identified on the map. The location
conformance with the Specific Plan.
tract shall be clearly
of the trails shall be in
PC Minutes - 7/23/91 -20_
(1927d)
31. Applicant shall prepare a written mitigation monitoring'-
consistent with the provisions of Public Resources Code Section
21081.6. This program shall be prepared to the specifications
of the Community Development Director or designee, and shall
include at a minimum the following items:
a. A comprehensive phasing program, listing in chronological
order the estimated dates for initiation and completion of
all adopted mitigation measures, public improvements,
grading, and construction approved in connection with the
project.
b. The applicant shall provide a schedule of quarterly reports
and meetings to review the status of all mitigation measures,
project improvements, and terms of development agreement.
The schedules shall identify the parties assigned to complete
these reports, their addresses and phone numbers. This
information will be used to verify the status of all required
mitigation actions.
C. A listing of the City officials and any other individuals
assigned to monitor any specific portions of the mitigation
program requiring specialized expertise. This list shall be
approved by the Community Development Director or designee
with respect to the technical expertise and qualifications of
said monitors. Monitors shall have full access to the
subject property at any time during normal construction_,
business or operating hours.
d. A checklist identifying all mitigation measures and the date
of their completion, signed by the appointed monitors (as
designated per No. c above) to demonstrate compliance with
all applicable mitigation measures. The appointed monitor
may use the sample checklist provided in Attachment A or
formulate a similar checklist. A checklist shall not be
considered final until reviewed and approved by the Community
Development Director or designee. No occupancy permits shall
be granted until such determination has been made and filed
in the office of the Community Development Department.
e. Applicant shall prepare a "mitigation agreement" to the
specifications of the City Attorney, which shall be binding
upon the applicant with respect to the implementation of all
mitigation measures specified therein.
PC Minutes - 7/23/91 -21-
(1927d)
32. The applicant shall submit a revised tentaltive-tract--ma-p--ands site plan as modifed pursuant to Condition Nos. Land 2 for
inclusion in the subject files prior to final trt map
submittal.
33. The subdivision shall be in substantial conformance with the
draft Ellis-Goldenwest Specific Plan Design Guidelines and/or as
they may be modified as mutually agreed upon between the City
and applicant.
34. This conditional use permit and conditional exception (variance)
shall become null and void unless exercised within two (2) 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.
35. The Planning Commission reserves the right to modify the terms
of this conditional use permit and conditional exception
(variance) if any violation of these conditions or the
Huntington Beach Ordinance Code occurs.
FINAL TRACT MAP
The following shall be completed prior to City Council approval of
the final tract map:
'• The developer shall pay park acquisition and development fees of
$3,120 per dwelling unit, less any available credits for
dedication of land and/or payment of park fees in accordance
with Development Agreement No. 90-1.*
2. At least 60 days prior to recordation of the final tract map,
CC&Rs shall be submitted to and approved by the City Attorney
and the Department of Community Development. The CC&Rs shall
provide for:
a. Common driveway access easements, if any.
b. Irrevocable reciprocal access and parking easements on all
public and private street within the tract and adjacent
properties and tracts.
C. Maintenance of all walls, common areas, and private streets
by a property owners' association.
Upon approval by the City, the CC&Rs shall be recorded in the
office of the County Recorder and a copy filed with the
Department of Community Development.
3. The proposed height of street lights on -site shall be approved
by the Planning Director and Public Works Director.
PC Minutes - 7/23/91 -22_
(1927d)
1
4. All exterior lighting shall be approved by the City of
Huntington Beach Planning Department and City Engineer.
5. Applicant shall submit an affordable housing plan which provides
for 20% of the total units approved to be affordable to families
Of low and moderate income. Said plan shall be executed prior
to issuance of the first building permit for the tracts. The
affordable units shall be under construction or available to the
public prior to final inspection for the homes in master
Conditional Use Permit No. 90-47. The plan may include:
a. Build affordable units at an alternative location which is
under control of the applicant.
b. Rehabilitate existing units and ensure long term
affordability. -
c. Preserve existing affordable units for the long term (30
years).
d. Other options which generate new opportunities for affordable
housing.
PLAN CHECK
The following shall be completed prior to submittal of working
drawings for plan check and application for building permits:
1. Submit three copies of the site plan to the Planning Division
for addressing purposes. If street names are necessary, submit
proposal to Fire Department for review and approval.
2. Depict all utility apparatus, such as but not limited to
backflow devices and Edison transformers, on a site plan to the
extent available. Any such apparatus located in the front and
exterior yard setbacks shall be screened by landscaping or other
method as approved by the Community Development Director.
3. 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.
4. 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.
PC Minutes - 7/23/91
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(1927d)
5. 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).
6. Elevations shall depict conceptual colors and building materials
proposed.
7. The site plan shall include (or reference page) all conditions
of approval imposed on the project printed verbatim.
GRADING PERMIT
The following shall be completed prior to the issuance of a grading
permit:
1. Hydrology and hydraulic studies shall be submitted for Public
Works approval.*
a. The tentative tract map and site plans shall be consistent
with the Specific Plan in preserving area -wide natural
drainage patterns, preserving and enhancing the goals,
objectives and policies of the General Plan Open Space
Element associated with the natural swales.*
b. The tentative tract map, site plans and hydrology studies
shall comply with the Specific Plan standards. These
standards shall restrict development that blocks that portion
of the Swale needed to accommodate runoff from the 100-year
storm.*
c. Precise hydrologic and drainage design studies shall provide
mitigation programs to minimize the runoff impacts on
developed and undeveloped properties adjacent to developing
tracts. All devices, drains, etc. proposed shall be designed
in accordance with City of Huntington Beach and County of
Orange standards. The drainage plan shall include an
analysis of runoff impacts to surrounding properties,
increases in the quantities of water, increases in water
volume flow speed, impacts to down stream receptors, location
of grease traps, siltation control, on and off -site erosion,
and any other information required by the City Engineer.*
PC Minutes - 7/23/91
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(1927d)
F�
2. 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.*
a. Erosion control plans shall include measures such as the
following:*
- Diversion of off -site runoff away from the construction
site;
- Prompt revegetation of proposed landscaped areas;
- Perimeter sandbagging or temporary basins to trap
sediment; and
- Regular sprinkling of exposed soils during construction
phases.
b. Internal collector streets shall be designed to be aligned
around topographical features and avoid crossing the natural
swales where possible.*
c. Structural design shall fit the natural land forms to the
greatest extent possible by implementing the use of retaining
walls, split level and platform structures where appropriate.*
d. Grading shall be accomplished in such a manner so as to avoid
ail Specific Plan designated drainage swales and sharp angles
while enhancing the natural terrain. Cut and fill procedures
shall be set forth in accordance with the requirements of the
Specific Plan except as shown on approved plans.*
e. Only limited grading activities or development shall be
allowed within areas encompassing Specific Plan designated
natural swales on site (refer to Attachment #2; Exhibit 8 of
the Ellis-Goldenwest Specific Plan), except as shown on
approved plans. Grading should be limited to changes
required to install access roads, utility and storm drainage
lines and landscaping to enhance the natural condition of the
swale areas.*
f. If any diversion, obstruction of the natural flow, or changes
in the bed, channel or bank of any river or stream is
proposed by the development, the Department of Fish and Game
shall be notified (as required in Sections 1601 through 1603
of the Department of Fish and Game Code). This notification
(with associated fee) shall be made after the approval of
tentative tract maps and prior to issuance of grading
permits.*
PC Minutes - 7/23/91 -25-
(1927d)
Soils
3. A detailed soils analysis shall be prepared by a registe a-d'
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.*
a. Alluvium residual soils and fill soils shall be removed in
the areas that will receive fill or other surface
improvements down to native and/or competent materials and
recompacted. Studies shall be done to determine native
elevations and evaluate the extent of compressibility of the
soils for structural design purposes. These studies shall be
reviewed and approved by all appropriate departments at the
City of Huntington Beach.*
b. Grading plans shall demonstrate that three or more feet of
expansive clays shall be removed beneath structural loads and
replaced with low expansive soils. Special foundations shall
be designated to tolerate the nature of the expansive soils.
Additional studies shall be done to delineate the actual
locations and expansion potential of the soils as well as for
structural design purposes.*
c. Should Quaternary non -marine terrace deposits be identified,
additional subsurface investigations shall be performed prior
::o the issuance of grading permits to analyze the slope
stability o.. the Quaternary non- marine terrace deposits, to
provide design criteria for earth work construction, and to
assess the rippability of on site soils.*
d. The developer shall submit to the City detailed engineering
reports on the soil and seismicity characteristics of the
project site. The City shall review and approve these
studies to ensure that the structural designs are maintained.*
e. All structures shall be designed in accordance with the
seismic design provisions of the Uniform Building Codes or
Structural Engineers Association of California to promote
safety in the event of an earthquake.*
f. All grading plans shall incorporate subdrains that shall be
placed beneath the fill soils or an equal means of protection
as determined by the City Engineer. Additional studies shall
be done to evaluate ground water depth and moisture zones.*
PC Minutes - 7/23/91 -26- (1927d)
g. Grading plans shall demonstrate that alluvial soils shall be
removed in the areas that will receive frill or foundation
loading down to competent materials and recompacted.
Additional studies shall be done to evaluate the extent of
liquefaction of the soils for structural design purposes.*
4. A site reconnaissance should be performed including a phased
Environmental Site Assessment to evaluate areas where a
contamination of the surficial soils may have taken place. The
environmental assessment should evaluate existing available
information pertinent to the site and also undertake a limited
investigation of possible on -site contamination. Phase I should
include:*
a. Review of available documents pertinent to the subject site
to evaluate current and previous uses.
b. Site reconnaissance to evaluate areas where contamination of
surficial soils may have taken place.
c. Excavation and testing of oil samples to determine presence
of near surface contamination of soil.
d. Subsurface exploration to determine presence of sumps
on -site. Testing of possible drilling fluids for heavy
metals.
e. Completion of soil gas vapor detection excavations located
adjacent to the existing on -site wells.
f. Testing of air samples for gas vapor, methane gas and sulfur
compounds.
g. If warranted upon completion of the Environmental Assessment,
a Remedial Action Plan can be developed. This plan shall
address the following items:
1. Treatment of possible crude oil contaminated soils. A
Possible solution to this condition would be aeration of
the contaminated soils to release the volatile gases and
then incorporation of the treated soils into the roadway
fills (subgrade).
2. Treatment of possible drilling sumps by either on -site
disposal of non -contaminated drilling fluids or off -site
disposal of contaminated fluids.
3. Treatment of the possibility of the accumulation of
methane gas.
PC Minutes - 7/23/91 -27_
(1927d)
1
h. If hazardous concentrations of methane are encountered,
further studies shall include the following tasks:
1. Drilling of test wells to monitor for subsurface methane
deposits and confirm or deny the presence of biogenic
methane bearing strata near the surface in the development
area;
2. Shallow excavation and sampling in areas either known or
assumed to be potential drilling mud sumps;
3. Vapor monitoring of shallow vapor probes placed at
strategic locations on the site and collection of soil
vapor samples;
4. Vapor survey areas adjacent to known abandoned oil wells;
5. Laboratory analysis of selected soil samples for metals
and soil vapor samples for gases.
5. Unless otherwise determined by a City approved archaeology
report, all ground disturbing activity within the project site
shall be monitored by a qualified archaeologist. If in situ
archaeological deposits are encountered, the archaeologist shall
be empowered to halt or redirect the ground disturbing activity
until proper recovery action can be accomplished.*
2TLj??-L\'G PERMITS
The following shall be completed prior to the issuance of building
permits:
1. A final tract map shall be accepted by the City Council,
recorded with the Orange County Recorder, and a copy filed with
the Department of Community Development.
2. All applicable Public Works fees shall be paid.
3. The developer shall pay traffic impact fees of $150.00 per trip
per day generated by the project, less any available credits, in
accordance with Development Agreement No. 90-1.*
4. The developer shall contribute to the new fire station/paramedic
manning facility and o-pticom systems in accordance with
Development Agreement No. 90-1.*
5. The applicant shall pay school fees per State law to mitigate
conditions of overcrowding as part of building permit
application. These fees shall be based on the fee schedule in
effect at the time of building permit application.*
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(1927d)
6. Developer shall submit water improvement p0 hddbMostic
(potable) and reclaimed (Green Acres) systems. All residential
lots shall have separate services for both water systems.*
7. The water system shall be located within vehicular travelways
and dedicated to the City. The Developer/Homeowner's
Association shall be held responsible for repairing any enhanced
pavement, if the water mains, etc., require repair or
maintenance.
8. Developer shall adopt further mitigation efforts applied
City-wide as approved by the Water Division to reduce peak hour
demands.* '
9. Developer shall submit water system hydraulic calculations to
ensure system adequacy and line sizing. No ten inch (lo") lines
will be allowed. Use twelve inch (12") water main if
calculations show ten inch (101,) line capacities.*
10. The water system shall have two sources, i.e., looped. No dead
ends except in approved cul de sacs. The water system shall be
installed per the Public Works Department's standards,
ordinances and policies.
11. No combustible construction shall occur until an approved water
system is installed.
?2. Building permits shall not be approved for development for the
subject property unless the City Engineer has determined that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until time
Of occupancy.
13. Prior to approval of building permits for production homes
(excludes models) the developers shall construct necessary
drainage and detention facilities to reduce the peak run off
from the site to the approval of the City Engineer.*
14. Prior to issuance of building permits, the applicant shall
demonstrate in a manner satisfactory to the City, that service
vehicle access to all remaining operating oil wells off -site
shall not occur through existing or proposed residential tract.*
15. Fronts of residences shall not face off -site oil wells and
tanks; on -site oil wells shall be screened pursuant to the
Huntington Beach Municipal Code.*
PC Minutes - 7/23/91 _29_
(1927d)
F�
1
7I
J
16. All potential buyers and renters of on -site residences shall be
notified of the effects resulting from on -site and off -site oil
production activities. The notification shall state the
frequency and locations of maintenance and service operations.
The notification shall indicate that noise levels from oil
activities may also significantly increase during these times.*
17. Prior to the issuance of building permits, the applicant shall
submit an acoustical analysis of the proposed development,
prepared under the supervision of an acoustical engineer.
Potential noise sources to be analyzed shall include traffic -
generated noise, helicopter overflight and noise resulting from
operation of on -site oil wells. The analysis shall include a
discussion of the potential need for noise attenuation measures
and/or noise barriers around oil wells. This analysis shall be
submitted to and approved by the Planning Department.*
18. If noise barriers are to be required, an acoustical engineer
shall review the barrier plans to assure acceptable noise
reductions and compliance with the City's Noise Ordinance.*
19. When final site plans and construction drawings have been
prepared, an acoustical analysis of residential development
within the traffic -generated 60 CNEL contour and within the area
impacted by helicopter overflight shall be prepared to insure
that the noise criteria have been met. Construction plans shall
be reviewed and approved by an acoustical engineer to certify
acceptability prior to the issuance of building permits.*
20. Full disclosure to all potential homeowners within the tract
shall be provided regarding the potential for noise generated by
oil wells and helicopter overflights within the area (as
identified by required acoustical analysis).*
21. No new residential units shall be permitted within 2.5 feet of a
gasoline engine- powered pump unless a noise study prepared by
an acoustical engineer demonstrates that barriers and/or other
noise attenuation measures (such as conversion of
gasoline -powered motors to electric) can ensure noise levels are
consistent with the City's Noise Ordinance Standards.*
22. Prior to approval of building permits, complete building plans
shall be submitted to and approved by the Fire Department.*
23. If during the Fire Department's plan check it becomes evident
that fireground operations will become impeded, the department
will impose mitigation measure such as automatic sprinkler
systems, alarm systems, access roads, etc.*
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(1927d)
24. The following water conservation measures shall be implemented"++
as required by state law:*
a. Low -flush toilets.
b. Low -flow showers and faucets.
c. Insulation of hot water lines in water recirculating systems.
d. Compliance with water conservation provisions of the
appropriate plumbing code.
25. Interior water conservation measures shall be utilized.
Low -flow plumbing fixtures and water pressure regulators to
limit down -stream pressure to a maximum of 60 psi shall be
installed.
LANDSCAPE PLANS IMPROVEMENTS AND MAINTENANCE
1. Prior to issuance of building permits, 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 the
Ellis/Goldenwest Specific Plan. 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.*
2. Developer shall incorporate "drought tolerant" plants and turf
for all common area landscaping.*
3. Landscaping shall be designed so as to minimize visual impacts
on adjacent parcels. Special consideration shall be given to
orientation of the project's residences (i.e., windows and
decking) so as to respect the privacy of adjacent and nearby
homes.*
4. Landscape plantings and signs shall be limited in height in the
vicinity of project driveways to assure good visibility.*
5. Use mulch extensively in all landscaped areas. Mulch applied on
top of soil will improve the water -holding capacity of the soil
by reducing evaporation and soil compaction.*
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(1927d)
6. Use pervious paving material whenever feasible to reduce surface
water runoff and aid in ground water recharge.*
7. Control slopes and grades to discourage water waste through
runoff.*
8. Minimize use of lawns and utilize warm season, drought tolerant
grasses.*
9. The developer shall provide information to occupants regarding
benefits of low water use landscaping and sources of additional
assistance in selecting irrigation and landscaping.*
10. A fence in accord with the design guidelines shall be erected on
either side of all on -site horse trails to separate this use
from other on -site uses.*
11. The landscape irrigation systems for all arterial landscaped
setbacks and medians shall include a separate water line for the
use of reclaimed water subject to Water Department approval.*
12. Irrigation systems shall be designed to minimize water waste to
the greatest extent possible. Such measures should involve such
features as the following:*
a. Raised planters and berming in conjunction with closely
spaced low volume, low angle (22-1/2 degree) sprinkler heads.
b. Drip irrigation.
C. Irrigation systems controlled automatically to ensure
watering during early morning or evening hours to reduce
evaporation losses.
d. The use of reclaimed water for irrigated areas and equestrian
trails. The project developers shall connect to the Orange
County Waste District's "Green Acres" system of reclaimed
water should this supply of water be available. Separate
irrigation services shall be installed to ease this
transition.
13. All required landscaping and irrigation systems for each phase
Of construction shall be installed and completed prior to final
building inspection of the first production unit of that phase
to adequately screen on -site light and glare impacts.*
14. All perimeter and common area landscaping shall be owned and
permanently maintained by a property owners association,
maintenance district, or other mechanism approved by the City.
PC Minutes - 7/23/91
-32-
(1927d)
DURING CONSTRUCTION -
1. Construction shall be limited to Monday-�-Satuxday;''7r00�AM to
8:00 PM. Construction shall be prohibited Sundays -and Federal
holidays.*
2.- During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised
when leaving the site;
b. Wet down areas in the late morning and after work is
completed for the day;
C. Use low sulfur fuel (.05% by weight) for construction
equipment;
d. Attempt to phase and schedule construction activities to
avoid high ozone days (first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
3. Water shall be applied to the site twice daily in compliance
with SCAQMD Rule 403 (Fugitive Dust Emissions) to mitigate the
impact of construction -generated dust particulates.*
4. The applicant shall comply with all rules and regulations of the
SCAQMD.*
5. Major grading shall occur when soil moisture is optimum to
control dust.*
6. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off -site facility equipped to handle them.
7. Installation or removal of underground flammable or combustible
liquid storage tanks will comply with Orange County
Environmental Health and Huntington Beach Fire Department
requirements.
8. Roads and hydrants shall be in-service prior to combustibles
on -site.
PC Minutes - 7/23/91 -33- (1927d)
9. If during construction activities, contamination fr'dm`°hazardous
substances, including pesticides and oil field wastes; ate found
to exist or if a potential exists for water quality impacts, the
Orange County Health Care Agency, Waste Management Section,
shall be contacted for oversight of mitigation activities.*
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 0-47 B /
CONDITIONAL EXCEPTION (VARIANCE) NO 90-35/TENTATIVE TRACT MAP
NO. 14409/ENVIRONMENTAL ASSESSMENT NOS, QO-45 AND 90-46:
1. The tentative tract map received and dated July 16, 1991 shall
be the conceptually approved layout with the following
modifications:
a. The applicant shall obtain an easement to provide the
necessary street width of 42 feet for lot I or modify the
tract accordingly.
b. All lettered lots (B, C, D, E, F, G, H, I) shall indicate the
proper private street boundary.
c. Lettered lot S shall include an eight (8) foot wide
equestrian trail. The equestrian trail shall meander and run
the entire length (north to south) of the lot.
d. Saddleback Lane shall be indicated as a public street.
e. The proposed reciprocal access point at the western end of
the private stret (lot D) shall be modified to be relocated
to the south to connect with the proposed private street (lot
E) as recommended by and to the satisfaction of the Traffic
Engineer.
f. Lots no. 119, 120, 121, 122 and 123 shall provide an eight
(8) foot wide continuous and unobstructed access easement
dedicated for public purposes along the northerly (rear)
property line of said lots to provide access to the
equestrian trail system.
2. The site plan, floor plans, and elevations received and dated
July 16, 1991 shall be the conceptually approved layout with the
following modification:
a. The minimum front setback for the building envelope of lots
100 and 103 shall be a minimum 22 feet.
b. Lettered lot S shall include an eight (8) foot wide
equestrian trail. The equestrian trail shall meander and run
the entire length (north to south) of the lot.
PC Minutes - 7/23/91 -34-
(1927d)
c. The proposed reciprocal access point at the western end of
the private stret (lot D) shall be modified to be relocated
to the south to connect with the proposed private street (lot
E) as recommended by and to the satisfaction of the Traffic
Engineer.
d. Lots no. 119, 120, 121, 122 and 123 shall provide an eight
(8) feet wide continous and unobstructed access easement
dedicated for public purposes along the northerly (rear)
property line of said lots to provide access to the
equestrian trail system.
3. The project shall comply with all applicable provisions of the
Ellis Goldenwest Specific Plan, EIR 88-2, EIR 89-1, City
Ordinance Code, Building Division and Fire Department, in
accordance with the provisions of Development Agreement 90-1.*
4. Fire Department requirements are as follows:*
a. The project shall meet all applicable local, State and
Federal Fire Codes, Ordinances, and standards.
b. Automatic sprinkler systems will be installed in all
structures of 5,000 square feet or greater in compliance with
Huntington Beach Fire Department and Uniform Building Code
Standards. Shop drawings will be submitted to and approved
by the Fire Department prior to installations. Provide NFPA
13D throughout project with two (2) inch compound water meter
and two (2) inch water services for sprinkiered structures.
c. Address numbers will be installed to comply with City
Specification No. 428. Individual units will be sized a
minimum of four (4) inches with a brush stroke of one-half
(1/2) inch.
d. Names of streets must be approved by the Huntington Beach
Fire Department prior to use per City Specification No. 409.
e. A Fire Protection Plan containing requirements of Fire
Department Specification No. 426 shall be submitted to the
Fire Department for approval.
f. The project will comply with all provisions of the Huntington
Beach Fire Code and City Specification No. 422 and 431 for
the abandonment of oil wells and site restoration.*
g. 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.*
PC Minutes - 7/23/91
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(1927d)
C
h. Twenty-three (23) fire hydrants are required: -Shop drawings
showing the design and proposed locations of hydrants shall
be submitted to the Public Works Department and approved by
the Fire Department prior to installation. Fire hydrants may
be installed in phases subject to Fire Department approval.
i. The developer shall conform to the provisions of
Holly-Seacliff Development Agreement No. 90-1 with regards to
the following sections: Section 2.2.4 Traffic Circulation
Improvements paragraph (c), (g); Section 2.2.6 Fire and
Emergency Medical Aid paragraph (a), (b) and Section 2.4.3
Uniform Codes.
j. Developer shall provide interim secondary access to the tract
for emergency vehicles until permanent access is obtained at
Lot C on the north side of the tract.
5. Public Works requirements are as follows:
a. The developer shall provide for the funding or the
construction of Edwards Street as a secondary arterial
h' h
ig way and Goldenwest Street and Garfield Avenue as modified
primary arterial highway within the tract boundary. The
design, schedule, and reimbursement to developer for
construction of Edwards Street, Goldenwest Street and
Garfield Avenue shall be in accordance with the provisions of
Development Agreement No. 90-1.*
b. All vehicular access rights to Edwards Street, Garfield
Avenue, Goldenwest Street and Saddleback Lane shall be
released and relinquished to the City except at locations
approved by the Planning Commission.
C. A STOP sign to control outbound traffic on all project area
access roadways as deemed necessary by the City's Traffic
Division shall be installed prior to issuance of any
residential occupancy permits.*
d. Per Public Works requirements, the developer shall dedicate
an easement at Edwards Street/Garfield Avenue for a traffic
signal.*
e. The developer shall construct street and traffic signal
improvements required per Public Works' requirements
indicated in Exhibit 20 and Table J in EIR No. 88-2 as may be
determined by the City including providing a minimum 150-foot
left turn pocket in the Garfield Avenue median.. Per Public
Works requirements, the developer shall dedicate an easement
at Edwards Street/Garfield Avenue for a traffic signal. If
reimbursement is required, agreements shall be entered into
by the developer and the City in accordance with the
provisions of Development Agreement 90-1.*
PC Minutes - 7/23/91
CRI•i'
(1927d)
f. The developer shall fund or construct adequate sewerage
facilities for the tract in accordance with the provisions of
Development Agreement No. 90-1.*
g. The developer shall pay connection fees to either Orange
County Sanitation District No. 3 or Orange County Sanitation
District No. 11, whichever is appropriate at the time of
connection to County Trunk lines.*
h. The developer shall fund or construct necessary drainage
facilities for the tract in accordance with the provisions of
Development Agreement No. 90-1.*
i. Low volume fixture heads shall be incorporated into the
design of the water system of each unit.
j. On -site sewers shall be private, except in public streets.
k. All public improvements and design criteria shall be to City
standards and in accordance with the requirements of the
Specific Plan, City design guidelines, and other City design
criteria.
1. All new utility lines, including but not limited to, electric
(except 66KV), telephone, street lighting and cable
television, shall be place underground within all areas in
accordance with Development Agreement No. 90-1. The
developer stall be responsible for complying with this
requirement and shall make the necessary arrangements with
the utility companies for the installation of such
facilities.*
m. The developer shall pay Water Systems Capital Facilities Fees
in accordance with Development Agreement No. 90-1.*
n. The City shall acquire the Right -Of -Way and developer shall
construct the storm drain improvements on Saddleback Lane
between tracts 14009, 13714 and 13439.
o. No building permits to be issued except for models along
Saddleback Lane until storm drains are in and operating.
p. The proposed drainage culvert crossing Goldenwest Street
south of Ellis Avenue shall be constructed prior to final
building inspection of the first building.
6. The project design shall comply with standards set forth in
Title 24 to minimize total consumption of energy.*
7. Energy efficient lighting shall be used throughout the project.*
8. Pool heating units may include those which are solar powered.*
PC Minutes - 7/23/91 -37- (1927d)
1
9. Tracts and individual homes shall be designed I __
and orientation of streets, lots, and buildings) htoumaximizeg
passive solar heating and cooling opportunities to the extent
feasible.*
10. All outdoor lighting shall be consistent with the standards
established by the Specific Plan to minimize off -site light
intrusion.*
11. All outdoor lighting shall be hooded and directed downward to
minimize direct light and glare impacts on public rights -of -way
and surrounding properties.*
12. Street lighting shall consist of energy efficient lighting and
shall be consistent with the City street lighting standards.*
13. Fire access lanes must be provided and kept unobstructed to
prevent adverse impacts on fire protection from ongoing oil
production hazards.*
14. The project developer shall provide easy access into and within
the project site for emergency vehicles. All internal roadways
shall comply with the City of Huntington Beach Fire Departments
requirements to provide adequate access for emergency vehicles.*
15. The project shall be designed such that all areas of the project
will be well -lit, including alcoves, walkways, doorsteps, and
parking facilities.*
16. Addresses shall be well marked to facilitate response by
officers.
17. The developer shall implement water conservation measures
applied City-wide as recommended by the Water Division of the
City's Public Works Department.*
18. To reduce the projects impacts on waste disposal facilities, the
project design shall develop a means for reducing the amount of
waste generated both during construction and when the
project is
in use. The waste reduction Program shall be approved by the
Planning Director
prior to issuance of building permits.
Potential ways of reducing project waste loads include
implementation of recycling programs, and use of low maintenance
landscaping (i.e., native vegetation instead of turf).*
19. The developer shall contact an approved disposal company
during
the design stage to ensure the most efficient and economical
means for rubbish removal. The design shall include rubbish
enclosures, projected travel areas, and turnabouts where
necessary.*
PC Minutes - 7/23/91
-38-
(1927d)
1
20 . The developer shall consult with the Sou the rn-Calkforni-a__ C-a-s
Company during the building design phase for further energy
conservation measures.*
21. The developer shall consult with Southern California Edison
during the building of design phase for further energy
conservation measures.*
22. The developer shall submit to General Telephone building plans
which will enable GTE to assess the improvements necessary to
provide service to the project site.*
23. The Huntington Beach Union High School District shall coordinate
its expansion plans with phasing of development within the
project area and surrounding areas.*
24. Developers shall submit to Southern California Gas and Southern
California Edison planning divisions all tract maps and
improvement plans for the project so that proper planning,
phasing and sizing of needed mains and service lines can be
designed.*
25. Building construction shall comply with the standards and
specifications of Paragon Cable TV Company.*
26. Development of the proposed project shall occur concurrently
with development of the City's water system improvements to
allow for adequate water service to the site subject to
Development Agreement 90-1.*
27. All proposed development shall comply with the phasing and
design of water facilities as shown on the water facilities map
in accordance with Development Agreement No. 90-1 so as to
provide adequate looped systems to service the adjoining
properties.
28. The applicant shall consult the Police Department during
preliminary stages of the project design to review the safety
features, determine their adequacy, and suggest improvements.*
29. The developer shall provide constructive notice to all buyers as
to the equestrian nature of the Community and shall specify
which lots can accommodate equestrian boarding.
30. Equestrian trails within the proposed
identified on the map. The location
conformance with the Specific Plan.
tract shall be clearly
of the trails shall be in
PC Minutes - 7/23/91
-39-
(1927d)
31. Applicant shall prepare a written mitigation `iffo'nitoring-pr-ogr-am_
consistent with the provisions of Public Resources Code Section
21081.6. This program shall be prepared to the specifications
of the Community Development Director or designee, and shall
include at a minimum the following items:
a. A comprehensive phasing program, listing in chronolo
order the estimated dates for initiation and completia onof
all adopted mitigation measures, public improvements,
grading, and construction approved in connection with the
project.
b. If the project is accompanied by a development agreement,
owner participation agreement, or other adopted agreement,
applicant shall provide a schedule of quarterly reports and
meetings to'review the status of all mitigation measures,
project improvements, and terms of development agreements.
The schedules shall identify the parties assigned to complete
these reports, their addresses and phone numbers. This
information will be used to verify the status of all required
mitigation actions.
c. A listing of the City officials and any other individuals
(hereinafter referred to as "monitors:) assigned to monitor
any specific portions of the mitigation program requiring
specialized expertise. This list shall be approved by the
Community Development Director or designee with respect to
the technical expertise and qualifications of said monitors.
Monitors shall have full access to the subject property at
any time during normal construction, business or operating
hours.
d. A checklist identifying all mitigation measures and the date
of their completion, signed by the appointed monitors (as
designated per No. c above) to demonstrate compliance with
all applicable mitigation measures. The appointed monitor
may use the sample checklist provided in Attachment A or
formulate a similar checklist. A checklist shall not be
considered final until reviewed and approved by the Community
Development Director or designee. No occupancy permits shall
be granted until such determination has been made and filed
in the office of the Community Development Department.
e. Applicant shall prepare a "mitigation agreement" to the
specifications of the City Attorney, which shall be binding
upon the applicant with respect to the implementation of all
Mitigation measures specified therein.
PC Minutes - 7/23/91 -40-
(1927d)
32. The applicant shall submit a revised tentative tri;a C tm +hand
site plan as modified pursuant to Condition. Nos. h�and"'2-�for
inclusion in the subject file prior to final tract map submittal.
33. The subdivision shall be in substantial conformance with the
draft Ellis-Goldenwest Specific Plan Design Guidelines and/or as
they may be mutually agreed upon to be modified between the City
and applicant.
34. No fencing/walls greater than 42 inches in height shall be
placed or constructed along the access portion of the flag lots
(Lots Nos. 28, 42, 48, 75, 76, 81, 82). Fencing/wall plans for
the subject lots shall be subject to review and approval by the
Community Development Director.
35. This conditional use permit and conditional exception (variance)
shall become null and void unless exercised within two (2) years
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.
36. The Planning Commission reserves the right to modify the terms
of this conditional use permit and conditional exception
(variance) if any violation of these conditions or the
Huntington Beach Ordinance Code occurs.
r INZ't7-�---TRACT MAP
The following shall be completed prior to City Council approval of
the final tract map:
1. The developer shall pay park acquisition and development fees of
$3,120 per dwelling unit, less any available credits for
dedication of land and/or payment of park fees in accordance
with Development Agreement No. 90-1.*
2. At least 60 days prior to recordation of the final tract map,
CC&Rs shall be submitted to and approved by the City Attorney
and the Department of Community Development. The CC&Rs shall
provide for:
a. Common driveway access easements, if any.
b. Irrevocable reciprocal access and parking easements on all
Public and private street within the tract and adjacent
properties and tracts.
c. Maintenance of all walls, common areas, and private streets
by a property owners' association.
Upon approval by the City, the CC&Rs shall be recorded in the
office of the County Recorder and a copy filed with the
Department of Community Development.
PC Minutes - 7/23/91 -41- (1927d)
3. The proposed height of street lights on -site shall bd a" '"obdd
by the Planning Director and Public Works Director: _"� ' - ""
4. All exterior lighting shall be approved by the City of
Huntington Beach Planning Department and City Engineer.
5. Applicant shall submit an affordable housing plan which provides
for 20% of the total units approved to be affordable to families
of low and moderate income. Said plan shall be executed prior
to issuance of the first building permit for the tracts. The
affordable units shall be under construction or available to the
public prior to final inspection for the homes in master
Conditional Use Permit No. 90-47. The plan may include:
a. Build affordable units at an alternative location which is
under control of the applicant.
b. Rehabilitate existing units and ensure long term
affordability.
C. Preserve existing affordable units for the long term (30
years).
d. Other options which generate new opportunities for affordable
housing.
6. Lots numbered 63 through 94 and lettered ]ots D, E, M, 11 and O,
are located in an area of the Huntington Beach General Plan as a
potential school site. The subdivider shall offer to dedicate
this area to the Huntington Beach City School District in
accordance with the provisions of Huntington Beach Ordinance
Code § 9962 et seq. and California Government Code section 66478
amended by mutual consent (Developer and School District) to
permit a minimum four (4) month and maximum six (6) month
acceptance or refusal period.
Should the School District decline to accept the offer of
dedication, the above referenced lots may then be developed in
accordance with the terms and conditions of Tentative Tract Map
No. 14009 and Conditional Use Permit No. 90-47, Conditional
Exception (Variance) No. 90-35 and Negative Declaration Nos.
90-45 and 90-46 relating to residential development, provided
that such development complies with all relevant provisions of
State and City law, the Huntington Beach General Plan, the
applicable zoning, and any other agreements or entitlements
granted or required by the City of Huntington Beach. If the
school District declines to accept the school site, the General
Plan shall be amended (by City Council approval) to remove or
relocate the school site designation.
PC Minutes - 7/23/91 -42- (1927d)
In the event the school district accepts the offer of
dedication, Tentative Tract Map No. 14009 shall be reviewed by
the Planning Commission, the Community Development Department
and the City's Traffic Engineer. The review shall be limited to
the school site area for access and circulation conformance with
the Ellis-Goldenwest Specific Plan.
PLAN CHECK
The following shall be completed prior to submittal of working
drawings for plan check and application for building permits:
1. Submit three copies of the site plan to the Planning Division
for addressing purposes. If street names are necessary, submit
proposal to Fire Department for review and approval.
2. Depict all utility apparatus, such as but not limited to
backflow devices and Edison transformers, on a site plan to the
extent available. Any such apparatus located in the front and
exterior yard setbacks shall be screened by landscaping or other
method as approved by the Community Development Director.
3. 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.
4. 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.
5. 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).
6. Elevations shall depict conceptual colors and building materials
proposed.
7. The site plan shall include (or reference page) all conditions
of approval imposed on the project printed verbatim.
GRADING PERMIT
The following shall be completed prior to the issuance of a grading
permit:
1. Hydrology and 'hydraulic studies shall be submitted for Public
Works approval.*
PC Minutes - 7/23/91 -43- (1927d)
a. The tentative tract map and site plans sha11*`be cb-n-s-i-s-tent.: _
with the Specific Plan in preserving area -wide natural
drainage patterns, preserving and enhancing the goals,
objectives and policies of the General Plan Open Space
Element associated with the natural swales.*
b. The tentative tract map, site plans and hydrology studies
shall comply with the Specific Plan standards. These
standards shall restrict development that blocks that portion
of the Swale needed to accommodate runoff from the 100-year
storm.*
c. Precise hydrologic and drainage design studies shall provide
mitigation programs to minimize the runoff impacts on
developed and undeveloped properties adjacent to developing
tracts. All devices, drains, etc. proposed shall be designed
in accordance with City of Huntington Beach and County of
Orange standards. The drainage plan shall include an
analysis of runoff impacts to surrounding properties,
increases in the quantities of
water, increases in water volume flow speed, impacts to down
stream receptors, location of grease traps, siltation
control, on and off -site erosion, and any other information
required by the City Engineer.*
2. 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.*
a. Erosion control plans shall include measures such as the
following:*
- Diversion of off -site runoff away from the construction
site;
- Prompt revegetation of proposed landscaped areas;
- Perimeter sandbagging or temporary basins to trap
sediment; and
- Regular sprinkling of exposed soils during construction
phases.
b. Internal collector streets shall be designed to be aligned
around topographical features and avoid crossing the natural
swales where possible.*
PC Minutes - 7/23/91 -44- (1927d)
11
1
L_ J
C. Structural design shall fit the natural land forms to the
greatest extent possible by implementing the use of retaining
walls, split level and platform structures where appropriate.*
d. Grading shall be accomplished in such a manner so as to avoid
all Specific Plan designated drainage swales and sharp angles
while enhancing the natural terrain. Cut and fill procedures
shall be set forth in accordance with the requirements of the
Specific Plan except as shown on approved plans.*
e. Only limited grading activities or development shall be
allowed within areas encompassing Specific Plan designated
natural swales on site (refer to Attachment #2; Exhibit 8 of
the Ellis-Goldenwest Specific Plan), except as shown on
approved plans. Grading should be limited to changes
required to install access roads, utility and storm drainage
lines and landscaping to enhance the natural condition of the
swale areas.*
f. If any diversion, obstruction of the natural flow, or changes
in the bed, channel or bank of any river or stream is
proposed by the development, the Department of Fish and Game
shall be notified (as required in Sections 1601 through 1603
of the Department of Fish and Game Code). This notification
(with associated fee) shall be made after the approval of
tentative tract maps and prior to issuance of grading
permits.*
S llh$
3. 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.*
a. Alluvium residual soils and fill soils shall be removed in
the areas that will receive fill or other surface
improvements down to native and/or competent materials and
recompacted. Studies shall be done to determine native
elevations and evaluate the extent of compressibility of the
soils for structural design purposes. These studies shall be
reviewed and approved by all appropriate departments at the
City of Huntington Beach.*
PC Minutes - 7/23/91
-45-
(1927d)
b. Grading plans shall demonstrate that three or more feet of
expansive clays shall be removed beneath structural loads and
replaced with low expansive soils. Special foundations shall
be designated to tolerate the nature of the expansive soils.
Additional studies shall be done to delineate the actual
locations and expansion potential of the soils as well as for
structural design purposes.*
C. Should Quaternary non -marine terrace deposits be identified,
additional subsurface investigations shall be performed prior
to the issuance of grading permits to analyze the slope
stability of the Quaternary non- marine terrace deposits, to
provide design criteria for earth work construction, and to
assess the rippability of on site soils.*
d. The developer shall submit to the City detailed engineering
reports on the soil and seismicity characteristics of the
project site. The City shall review and approve these
studies to ensure that the structural designs are maintained.*
e. All structures shall be designed in accordance with the
seismic design provisions of the Uniform Building Codes or
Structural Engineers Association of California to promote
safety in the event of an earthquake.*
f. All grading plans shall incorporate subdrains that shall be
placed beneath the fill soils or an equal means of protection
as determined by the City Engineer. Additional studies shall.
be done to evaluate ground water depth and moisture zones.*
g. Grading plans shall demonstrate that alluvial soils shall be
removed in the areas that will receive frill or foundation
loading down to competent materials and recompacted.
Additional studies shall be done to evaluate the extent of
liquefaction of the soils for structural design purposes.*
4. A site reconnaissance shall be performed including a phased
Environmental Site Assessment to evaluate areas where a
contamination of the surficial soils may have taken place. The
environmental assessment should evaluate existing available
information pertinent to the site and also undertake a limited
investigation of possible on -site contamination. Phase I should
include:*
a. Review of available documents pertinent to the subject site
to evaluate current and previous uses.
b. Site reconnaissance to evaluate areas where contamination of
surficial soils may have taken place.
PC Minutes - 7/23/91 -46-
(1927d)
c. Excavation and testing of oil samples to detd m—i:1M- presence..,
of near surface contamination of soil. ___.
d. Subsurface exploration to determine presence of sumps
on -site. Testing of possible drilling fluids for heavy
metals.
e. Completion of soil gas vapor detection excavations located
adjacent to the existing on -site wells.
f. Testing of air samples for gas vapor, methane gas and sulfur
compounds.
g. If warranted upon completion of the Environmental Assessment,
a Remedial Action Plan can be developed. This plan shALL
address the following items:
1. Treatment of possible crude oil contaminated soils. A
Possible solution to this condition would be aeration of
the contaminated soils to release the volatile gases and
then incorporation of the treated soils into the roadway
fills (subgrade).
2.. Treatment of possible drilling sumps by either on -site
disposal of non -contaminated drilling fluids or off -site
disposal of contaminated fluids.
3. Treatment: of the Possibility of the accumulation of
methane gas.
h. If hazardous concentrations of methane are encountered,
further studies shall include the following tasks:
1. Drilling of test wells to monitor for subsurface methane
deposits and confirm or deny the presence of biogenic
methane bearing strata near the surface in the development
area;
2. Shallow excavation and sampling in areas either known or
assumed to be potential drilling mud sumps;
3. Vapor monitoring of shallow vapor probes placed at
strategic locations on the site and collection of soil
vapor samples;
4. Vapor survey areas adjacent to known abandoned oil wells;
5. Laboratory analysis of selected soil samples for metals
and soil vapor samples for gases.
PC Minutes - 7/23/91
-47-
(1927d)
5. On -site deposits of shell and lithic material det ce ted during the reconnaissance completed for Environmental Impact Report No.
88-2 shall be subjected to test excavation. The test excavation
shall be performed prior to the issuance of grading permits
(including any rough grading work) and shall have the following
goals:*
a. To determine whether the material represents in situ
archeological deposition or redeposited material from
elsewhere.
b. To determine the significance of the deposits if they prove
to be in situ material.
c. To formulate appropriate mitigative recommendations if the
deposits prove to be in situ archeological material.
d. To prepare site records for filing with the Archaeological
Survey if the deposits prove to be in situ.
6. Prior to the issuance of grading permits (including any rough
grading work) the portion of archaeological site CA-Ora-365
which infringes on the site shall be subjected to test
excavation, evaluation and reporting. This effort shall include
a determination of the significance of the deposit and
formulation of appropriate mitigation measures written up in a
report. The developer shall be responsible for all costs
incurred for archaeological testing and reporting.
7. All material collected during the above recommended work shall
be donated to a local institution which has adequate facilities
for curation, display and use by interested scholars and the
general public.*
8. For portions of the tract within the Alquist-Priolo Special
Studies Zone, engineering studies shall be performed including
site trenching to assess if active faulting exists in the
near -surface soils. If present, appropriate additional
mitigation shall be provided at the conclusion of that study.
These studies need to be reviewed and approved by the City prior
to the issuance of grading permits.*
9. An engineering geologist shall be engaged to submit a report
indicating the ground surface acceleration from earth movement
for the subject property. All structures within this
development shall be constructed in compliance with the
9-factors as indicated by the geologist's report. Calculation s
for footings and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to the
issuance of building permits.*
PC Minutes - 7/23/91
-48-
(1927d)
10. Unless otherwise determined b a City a
report, all y 1 approved archaeology
P ground disturbing activity within the project site
shall be monitored by a qualified archaeologist. If in situ
archaeological deposits are encountered, the archaeologist shall
be empowered to halt or redirect the ground disturbing activity
until proper recovery action can be accomplished.*
BUILDING PERMITS
The following shall be completed prior to the issuance of building
permits:
1. A final tract map shall be accepted by the City Council,
recorded with the Orange County Recorder, and a copy filed with
the Department of Community Development.
2. All applicable Public Works fees shall be paid.
3. The developer shall pay traffic impact fees of $150.00 per trip
per day generated by the project, less any available credits, in
accordance with Development Agreement No. 90-1.*
4. The developer shall contribute to the new fire station/paramedic
manning facility and opticom systems in accordance with
Development Agreement No. 90-1.*
5. The applicant shall pay school fees per State law to mitigate
conditions of overcrowding as part of building permit
application. These fees shall be based on the fee schedule in
effect at the time of building permit application.*
6. Developer shall submit water improvement plans for both domestic
(potable) and reclaimed (Green Acres) systems. All residential
lots shall have separate services for both water systems.*
7. The water system shall be located within vehicular travelways
and dedicated to the City. The Developer/Homeowner's
Association shall be held responsible for repairing any enhanced
pavement, if the water mains, etc., require repair or
maintenance.
8. Developer shall adopt further mitigation efforts applied
City -wide -as approved by the Water Division to reduce peak hour
demands.*
9. Developer shall submit water system hydraulic calculations to
ensure system adequacy and line sizing. No ten inch (10") lines
will be allowed. Use twelve inch (12") water main if
calculations show ten inch (1011) line capacities.*
PC Minutes - 7/23/91 -49_
(1927d)
10. The water system shall have two sources, i.e., looped. 4No deed-----
ends except in approved cul de sacs. The water system shall be
installed per the Public Works Department's standards,
ordinances and policies.
11. No combustible construction shall occur until an approved water
system is installed.
12. Building permits shall not be approved for development for the
subject property unless the City Engineer has determined that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until time
of occupancy.
13. Prior to approval of building permits for production homes
(excludes models) the developer shall construct necessary
drainage and detention facilities to reduce the peak runoff from
the site to the approval of the City Engineer.*
14. Prior to issuance of building permits, the applicant shall
demonstrate in a manner satisfactory to the City, that service
vehicle access to all remaining operating oil wells off -site
shall not occur through existing or proposed residential tract.*
15. Fronts of residences shall not face off -site oil wells and
tanks; on -site oil wells shall be screened pursuant to the
Huntington Beach Municipal Code.*
16. All potential buyers and renters of on -site residences shall be
notified of the effects resulting from on -site and Off -site oil
production activities. The notification shall state the
frequency and locations of maintenance and service operations.
The notification shall indicate that noise levels from oil
activities may also significantly increase during these times.*
17. Prior to the issuance of building permits, the applicant shall
submit an acoustical analysis of the proposed development,
Prepared under the supervision of an acoustical engineer.
Potential noise sources to be analyzed shall include traffic -
generated noise, helicopter overflight and noise resulting from
operation of on -site oil wells. The analysis shall include a
discussion of the potential need for noise attenuation measures
and/or noise barriers around oil wells. This analysis shall be
submitted to and approved by the Planning Department.*
18. If noise barriers are to be required, an acoustical engineer
shall review the barrier plans to assure acceptable noise
reductions and compliance with the City's Noise Ordinance.*
PC Minutes - 7/23/91 -50-
(1927d)
7
19. When final site plans and construction drawings have been
prepared, an acoustical analysis of residential development
within the traffic -generated 60 CNEL contour and within the area
impacted by helicopter overflight shall be prepared to insure
that the noise criteria have been met. Construction plans shall
be reviewed and approved by an acoustical engineer to certify
acceptability prior to the issuance of building permits.*
20. Full disclosure to all potential homeowners within the tract
shall be provided regarding the potential for noise generated by
oil wells and helicopter overflights within the area (as
identified by required acoustical analysis).*
21. No new residential units shall be permitted within 25 feet of a
gasoline engine- powered pump unless a noise study prepared by
an acoustical engineer demonstrates that barriers and/or other
noise attenuation measures (such as conversion of
gasoline -powered motors to electric) can ensure noise levels are
consistent with the City's Noise Ordinance Standards.*
22. Prior to approval of building permits, complete building plans
shall be submitted to and approved by the Fire Department.*
23. If during the Fire Department's plan check it becomes evident
that fireground operations will become impeded, the department
will impose mitigation measure such as automatic sprinkler
systems, alarm systems, access roads, etc.*
24. The following water conservation measures shall be implemented
as .required by state law:*
a. Low -flush toilets.
b. Low -flow showers and faucets.
C. Insulation of hot water lines in water recirculating systems.
d. Compliance with water conservation provisions of the
appropriate plumbing code.
25. Interior water conservation measures shall be utilized.
Low -flow plumbing fixtures and water pressure regulators to
limit down -stream pressure to a maximum of 60 psi shall be
installed.*
PC Minutes - 7/23/91
-51-
(1927d)
LANDSCAPE PLANS, IMPROVEMENTS AND MAINTENANCE �
1. Prior to the issuance of building permits, 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 the
Ellis/Goldenwest Specific Plan. 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.*
2. Developer shall incorporate "drought tolerant" plants and turf
for all common area landscaping.*
3. Landscaping shall be designed so as to minimize visual impacts
on adjacent parcels. Special consideration shall be given to
orientation of the project's residences (i.e., windows and
decking) so as to respect the privacy of adjacent and nearby
homes.
4. Landscape plantings and signs shall be limited in height in the
vicinity of TPn)ject drive;•�,ays to assure good visibility.*
5. Use mulch extensively in all landscaped areas. Mulch applied on
top of soil will improve the water -holding capacity of the soil
by reducing evaporation and soil compaction.*
6. Use pervious paving material whenever feasible to reduce surface
water runoff and aid in ground water recharge.*
7. Control slopes and grades to discourage water waste through
runoff.*
8. Minimize use of lawns and utilize warm season, drought tolerant
grasses.*
9. The developer shall provide information to occupants regarding
benefits of low water use landscaping and sources of additional
assistance in selecting irrigation and landscaping.*
10. A fence in accord with the design guidelines shall be erected on
either side of all on -site horse trails to separate this use
from other on -site uses.*
11. The landscape irrigation systems for all arterial landscaped
setbacks and medians shall include a separate water line for the
use of reclaimed water subject to Water Department approval.*
PC Minutes - 7/23/91 -52- (1927d)
L�
I
12. _irrigation systems shall be designed to minimize water waste to
the greatest extent possible. Such measures should involve such
features as the following:*
a. Raised planters and berming in conjunction with closely
spaced low volume, low angle (22-1/2 degree) sprinkler heads.
b. Drip irrigation.
c. Irrigation systems controlled automatically to ensure
watering during early morning or evening hours to reduce
evaporation losses.
d. The use of reclaimed water for irrigated areas and equestrian
trails. The project developers shall connect to the Orange
County Waste District's "Green Acres" system of reclaimed
water should this supply of water be available. Separate
irrigation services shall be installed to ease this
transition,
13. All required landscaping and irrigation systems for each phase
of construction shall be installed and completed prior to final
building inspection of the first production unit of that phase
to adequately screen on -site light and glare impacts.*
14. All perimeter and common area landscaping shall be owned and
permanently maintained by a property owners association,
maintenance district, or other Yrechani.sm approved by the City.
15. '1he conceptual landscape plans dated April 8, 1991 shall be
revised to eliminate the proposed five (5) foot wide sidewalk
along the collector street section (Saddleback Lane) and
replaced with an eight (8) foot wide equestrian trail.
DURING CONSTRUCTION
1. Construction shall be limited to Monday - Saturday, 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.*
2. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised
when leaving the site;
b. Wet down areas in the late morning and after work is
completed for the day;
C. Use low sulfur fuel (.05% by weight) for construction
equipment;
d. Attempt to phase and schedule construction activities to
avoid high ozone days (first stage smog alerts);
PC Minutes - 7/23/91 -53-
(1927d)
I
e. Discontinue construction during second stage smogfalerts.
3. Water shall be applied to the site twice daily in compliance
with SCAQMD Rule 403 (Fugitive Dust Emissions) to mitigate the
impact of construction -generated dust particulates.*
4. The applicant shall comply with all rules and regulations of the
SCAQMD.*
5. Major grading shall occur when soil moisture is optimum to
control dust.*
6. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off -site facility equipped to handle them.
7. Installation or removal of underground flammable or combustible
liquid storage tanks will comply with Orange County
Environmental Health and Huntington Beach Fire Department
requirements.
S. Roads and hydrants shall be in-service prior to combustibles
on -site.
9. If during construction activities, contamination from hazardous
substances, including pesticides and oil field wastes, are found
to exist or if a potential exists for water quality impacts, the
Orange County Health Care Agency, Waste Management Section,
shall be contacted for oversight of mitigation activities.*
PC Minutes - 7/23/91 -54-
(1927d)
B-4 CONDITIONAL USE PERMIT NO 89-54 (REVISED) SIX ( k3"ONT
APPLICANT: Marcelin B. Joseph
LOCATION: 16400 Pacific Coast Highway, Suite 103
On January 8, 1991, the Planning Commission approved Conditional Use
Permit No. 89-54 (Revised), to permit live entertainment at Caribe
restaurant. The approval included a requirement for a six (6) month
review of the conditions of approval to ensure the effectiveness of
the conditions and the applicant's compliance with them.
At this time, the applicant also wishes to modify the conditions of
approval to extend the time limit for entertainment from 1:00 AM to
1:30 AM, allow dancing and allow five (5) tables to be placed outside
on Saturdays and Sundays.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve the six (6)
month review with modifications to Condition Nos. 2, 3 and 10.
THE PUBLIC HEARING WAS OPENED.
Marcelin B. Joseph, applicant, requested a change in the conditions to
allow for a small dance floor.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed with staff outdoor dining and clarified what
the process would be to do this.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE
CONDITIONAL USE PERMIT NO. 89-54 (REVISED) - SIX (6) MONTH REVIEW,
WITH MODIFICATIONS TO CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTIOi PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 89_-54:
1. The site plan and floor plans received and dated
November 3, 1989, shall be the conceptually approved layout.
2. Live music shall be limited to a maximum of six (6) musicians
and performances shall be limited to 9:00 PM to 1:30 AM each day.
PC Minutes - 7/23/91
-55-
(1927d)
3. Dancing shall be permitted during live music performances.
4. Exterior doors shall remain closed during all performances.
5. The proposed use shall comply with all applicable Fire and
Building codes, including Chapter 33 of the Uniform Building
Code.
6. Fire Department requirements are as follows:
a. Maintain 44-inch aisle width and handicapped facility.
b. Obtain proper permits if additional electrical is required in
entertainment area.
c. Maintain exiting, fire protection equipment and housekeeping,
as stated in previous citation documents to former business
owner.
7. The proposed live entertainment shall comply with Chapter 8.40
"Noises" of the Huntington Beach Municipal Code. Should
complaints be received regarding noises generated by the live
entertainment, the Planning Commission reserves the right to
require the applicant to mitigate the noise level.
8. This conditional use permit shall be non -transferable.
9. The primary use of the building shall be dining and the sale of
food; live entertainment shall be secondary use.
10. Use of a maximum of five (5) outside tables shall be permitted
with a minimum 10 foot walkway clearance.
11. An entertainment permit shall be submitted and approved prior to
the establishment of the live entertainment within_ the
restaurant. A copy of said permit shall be submitted to the
Department of Community Development to be included in the
conditional use permit file.
12. The use shall be subject to review by the Planning Commission
after six (6) operational months for possible modification to
conditions of approval regarding hours, number of musicians and
the need for additional six (6) month reviews based on business
operation. Said reviews shall be public hearings with naotice
to all property owners within 300 feet of parcel.
13. Should noise compliants be received regarding the live
entertainment, the applicant shall pay for the cost of a sound
study to be conducted by the Department of Environmental Health,
County of Orange.
14. The Planning Commission reserves the right to revoke Conditional
Use Permit No. 89-54 if any violation of these conditions or the
Huntington Beach Ordinance Code occurs.
PC Minutes - 7/23/91 -56- (1927d)
15. Conditional Use Permit no. 89-54 (Revised) shall bscom u1T�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 Community Development Department a minimum of 30 days prior
to the expiration date.
B-5 ZONE CHANGE NO 91-2/TENTATIVE PARCEL MAP NO. 90-322/USE
PERMIT NO 90-63/ENVIRONMENTAL ASSESSMENT NO. 91-13:
APPLICANT: Stevenson Porto and Pierce, Inc.
LOCATION: 2810 Huntington Street
Zone Change No. 91-2, Tentative Parcel Map No. 89-322, Use Permit
No. 90-63 and Negative Declaration No. 91-13 is a request for a zone
change from R2 (:Medium Density Residential) to R3 (Medium -High
Density Residential) on a remnant 2,580 square foot parcel. If
approved, the 2,580 square foot subject parcel will be combined with
an existing 19,030 square foot R3 parcel to allow the addition of
two (2) apartment units to an existing 13 unit apartment complex.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Negative
Declaration No. 91-13, Zone Change No. 91-2, Tentative Parcel map
No. 89-322 and Use Permit No. 90-63 with findings and suggested
conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Michael Porto, representing applicant, explained to the Commission
the various ways they tried working with this piece of property and
the reason they came up with this particular project. He also
stated that he was there to answer any questions they may have.
Jim Simpson, Church administrator, spoke in favor of the request.
He stated the project would enhance security and the value of the
neighborhood.
Gary Beard, Pastor of the Church, spoke in favor of the request. He
stressed the value of safety that this project would bring.
Don Stephens, 7401 Seabluff Drive, spoke in favor of the request.
He stated it would be a good addition to the quality of the
neighborhood.
Thomas Lazear, 7321 Coho Drive, spoke in favor of the request. He
stated it would enhance property values in the neighborhood.
PC Minutes - 7/23/91 -57- (1927d)
Harry Monck, 303 Cleveland Drive, spoke in o ,'..
P PPosition's t.o_._the..-----
request. He was concerned with --
parking problems and elimination of
open space for the adjacent apartments.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed parking inadequacy with staff and the
rezoning to R3.
A MOTION WAS MADE BY KIRKLAND, SECOND BY NEWMAN, TO APPROVE NEGATIVE
DECLARATION NO. 91-13, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Leipzig
NOES:
Dettloff
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Bourguignon,
A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO DENY TENTATIVE
PARCEL MAP NO. 89-322, USE PERMIT NO. 90=63 and ZONE CHANGE NO. 91-2
WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE:
AYES: Richardson, Dettloff, Leipzig
NOES: Newman, Shomaker, Kirkland, Bourguignon
ABSENT: None
ABSTAIN: None
MOTION FAILED
A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE
TENTATIVE PARCEL MAP NO. 89-322 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman,
NOES: Dettloff, Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
Shomaker, Kirkland, Bourguignon
PC Minutes - 7/23/91 -58- (1927d)
A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE USE ' PERMIT NO. 90-63, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Bourguignon
NOES: Dettloff, Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE ZONE
CHANGE NO. 91-2 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES: Richardson, Newman,
NOES: Dettloff, Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
Shomaker, Kirkland, Bourguignon
FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 89-322:
1. The proposed 2,580 square foot lot expansion for purposes of
residential uses is in compliance wth the size and shape of
property necessary for that type of development. The proposed
parcel meets the minimum lot area and frontage requirements of
Article 912.
2. The General Plan has set forth provisions for this type of land
use as well as setting fourth objectives for implementation of
this type of use. The proposed 0.5 acre R3 parcel is less than
the minimum required by the General plan for residential
parcels, therefore it is not required to meet the Medium Density
Land Use Designation.
3. The property was previously studied for this intensity of land
use at the time the land use designation for residential
buildings was placed on the subject property. The proposed
residential parcel is less than the minimum required for
residential development and will result in two (2) additional
units.
4. The size, depth, frontage, street width and other design and
improvement features of the proposed subdivision are proposed to
be constructed in compliance with standards, plans and
specifications on file with the City as well as in compliance
with the State Map Act and supplemental City Subdivision
Ordinance.
PC Minutes - 7/23/91 -59- (1927d)
1
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r
FINDINGS FOR APPROVAL - USE PERMIT NO. 0-63:
The establishment, maintenance and operation of two (2) additional
apartments to an existing non -conforming apartment complex will not
be detrimental to:
a. The general welfare of persons residing or working in the
vicinity. The two (2) new units will meet all minimum
standards of code.
b. Property and improvements in the vicinity of such use or
building. The two (2) new units will meet all minimum
standards of code.
2. The granting of Use Permit No. 90-63 will not adversely affect
the General Plan of the City of Huntington Beach. The subject
property is less than one acre in size.
FINDINGS FOR APPROVAL - ZONE CHANCE NO, 91 2:
1. The proposed zone change from R2 to R3 does conform with the
Land Use Element of the General Plan, by virtue of the fact that
it is less than one (1) acre in size.
2. The proposed zone change from R2 to R3 is consistent with
surrounding R3 land uses to the north.
:iC)NDITIOWS OF RP�ROVAi, - TENTATIVE PAR =EL MAP NO. 89-322
1. The tentative parcel map received by the Department of Community
Development on September 28, 1990 shall be the approve layout.
2. A parcel map shall be filed with and approved by the Department
of Public Works and recorded with the Orange County Recorder.
3. Water supply shall be through the City of Huntington Beach's
water system at the time said parcel is developed.
4. Sewage disposal shall be through the City of Huntington Beach's
sewage system at the time said parcel is developed.
5. All utilities shall be installed underground at the time said
parcel is developed.
6. Development shall comply with all applicable City Ordinances.
7. All vehicular access rights along Huntington Street shall be
dedicated to the City of Huntington Beach except at locations
approved by the Planning Commission.
PC Minutes - 7/23/91
(1927d)
CONDITIONS OF APPROVAL - USE PERMIT NO 90 63:
1. The site plan, floor plans and elevations received and dated
December 18, 1991 shall be the conceptually approved layout with
the following modification:
a. Unit B shall be reversed to provide a ten (10) foot minimum
setback on the south and the garage shall be entered at a 90
degree angle from the drive aisle.
2. Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Submit three copies of the site plan to the Planning Division
for addressing purposes.
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. Elevations shall depict colors and building materials
proposed.
e. 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.
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, soil corr.osivity,
fill properties, foundations, retaining walls, streets, and
utilities.
g. 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:
PC Minutes - 7/23/91 -61- (1927d)
1
a. Submit four (4) copies of the revised site plan, floor plans
and elevations pursuant to Condition No. 1 for review and
approval and inclusion in the entitlement file.
b. A Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and
must be approved. The Landscape Construction Set shall
include a landscape plan prepared and signed by a State
Licensed Landscape Architect and which includes all
proposed/existing plant materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of
approval. The landscape plans shall be in conformance with
Section 9608 of the Huntington Beach Ordinance Code. The set
must be approved by both departments prior to issuance of
building permits. Any existing mature trees that must be
removed shall be replaced at a 2 to 1 ratio with minimum
36-inch box trees, which shall be incorporated into the
project's landscape plan.
c. A grading plan shall be submitted to the Department of Public
Works for review and it must be approved (by issuance of a
grading permit). A plan for silt control for all water
runoff from the property during construction and initial
operation of the project may be required if deemed necessary
by the Director of Public Works.
d. All applicable Public Works fees, shall be paid.
e. The final parcel map shall be accepted by the City Council,
recorded with the Orange County Recorder and a copy filed
with the Department of Community Development.
4. The Public Works Department requirements are as follows:
5. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
6. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
Off -site facility equipped to handle them.
7. Installation of required landscaping and irrigation systems
shall be completed prior to final inspection/within twelve (12)
months.
8. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised
when leaving the site;
PC Minutes - 7/23/91
-62-
(1927d)
r-
L
b. Wet down areas in the late morning and after work is ---—
completed for the day;
c. Use low sulfur fuel (.05% by weight) for construction
equipment;
d. Attempt to phase and schedule construction activities to
avoid high ozone days (first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
9. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.
10. The Planning Commission reserves the right to revoke this use
permit if any violation of these conditions or the Huntington
Beach Ordinance Code occurs.
11. This use permit shall not become effective until Zone Change No.
91-2 has been approved by the City Council and in effect.
12. This use permit shall become null and void unless exercised
within two (2) years 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.
13. The developer shall be responsible for the payment of the
Traffic Impact Fees at the time of final inspection.
14. The applicant/property owner shall be responsible for paying the
Park and Recreation Fees in effect at the time the final map is
accepted by City Council or issuance by building permits,
whichever occurs first.
15. The developer will be responsible for the payment of any
additional fees adopted in the upcoming Water Division Financial
Master Plan.
16. Further subdivisions of the property shall not be permitted.
B-6 USE PERMIT NO. 91-23 [TO BE CONTINUED FOR RE -ADVERTISING) -
APPLICANT: Huntington Christian School
LOCATION: 1207 Main
PC Minutes - 7/23/91
-63-
(1927d)
Ll
In order to provide proper legal notice for this appiicat-i-on this
item has been deferred to the Planning Commission meeting of
August 6, 1991.
APPLICATION CONTINUED TO THE AUGUST 6, 1991 PLANNING COMMISSION
MEETING TO PROVIDE PROVIDE LEGAL NOTICE.
C. CONSENT CALENDAR
C-1 GENERAL PLAN CONFORMANCE NO 1-6/NEGATIVE DECLARATION NO
91-17•
APPLICANT: City of Huntington Beach, Department of Public
Works
LOCATION: South of Huntington Lake adjacent to Central Park
Equestrian Center (north of Ellis, west of
Goldenwest) .
General Plan Conformance No. 91-6 is a request to review the
construction of a 60 inch reinforced concrete storm drain pipe
around the Huntington Equestrian Center into the Huntington Lake
desiltation basin, as it conforms to the City's General Plan.
The Government Code of the State of California, Section 65402,
provides that a local agency shall not construct a public facility
in any city until the location, purpose, and extent of such facility
has been determined to conform with the City's General Plan.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Negative
Declaration No. 91-17 and General Plan Conformance No. 91-6 with
findings.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE
GENERAL PLAN CONFORMANCE NO. 91-6 AND NEGATIVE DECLARATION NO. 91-17
WITH FINDINGS, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes - 7/23/91 -64- (1927d)
C-2 PLANNING COMMISSION MINUTES DATED APRIL 2 19 1�:,
A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE
PLANNING COMMISSION MINUTES DATED APRIL 2, 1991, BY THE FOLLOWING
VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
D. NON-PUBLIC HEARING ITEMS
D-1 FIVE (5) YEAR EXTENSION OF TIME CONDITIONAL USE PERMIT NO
85 65•
APPLICANT: John A. Gustufson
LOCATION: 19161 Crystal Street
The applicant has requested an extension of time on Conditional Use
Permit No. 85-65 to permit the continued operation of an automobile
repair business for an additional five (5) years. Conditional Use
Permit No. 85-65 was a request to permit the operation of a
automobile repair business for a period of five (5) years (until
February 1, 1991). If approved, the extension of time request will
allow the operation to continue until February 1, 1996.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE THE
FIVE (5) YEAR EXTENSION OF TIME ON CONDITIONAL USE PERMIT NO. 85-65
WITH ALL PREVIOUS CONDITIONS IN EFFECT, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
G. PLANNING COMMISSION ITEMS
None
PC Minutes - 7/23/91 -65-
(1927d)
i
il
H. COMMUNITY DEVELOPMENT ITEMS
Howard Zelefsky, Planning Director, asked the Commission if
they would prefer to have a special Planning Commission on
items concerning the Waterfront. The Commission agreed to a
special meeting on August 27, 1991.
I. ADJOURNMENT
A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO ADJOURN TO
THE AUGUST 6, 1991 REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE
FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
/kj 1
APPROVED BY:
L L;
Mike A ams, ecretary
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
anning commission Chairperson
1
PC Minutes - 7/23/91
-66- (1927d)