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HomeMy WebLinkAbout1991-10-081 APPROVED 3/3/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION OCTOBER 8, 1991 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM ASCON LIQUID WASTE REMOVAL PLAN - CONDITIONAL USE PERMIT HOLLY-SEACLIFF SPECIFC PLAN MSI STUDY 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. None A motion was made by Shomaker, second by Dettloff to bring Item D-1 to the front of the agenda the motion was passed unanimously. Please note the Minutes will reflect this item in its original order. B. PUBLIC HEARING ITEMS - PROCEDURE: Staff Report, Commission Discussion, Public Hearing, Action B-1 RECONSIDERATION OF THE PLANNING COMMISSION'S APPROVAL OF ZONE CHANGE NO. 91-2/TENTATIVE PARCEL MAP NO. 89-322/USE PERMIT NO. 90-63/ENVIRONMENTAL ASSESSMENT NO. 91-13 (CONTINUED FROM THE SEPTEMBER 4, 1991 PLANNING COMMISSION MEETING): APPLICANT: Stevinson Porto and Pierce, Inc. LOCATION: 2810 Huntington Street Zone Change No. 91-2, Tentative Parcel Map No. 89-322, and Use Permit No. 90-63 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 thirteen (13) unit apartment complex. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Zone Change No. 91-2, Tentative Parcel Map No. 89-322 and Use Permit No. 90-63 as previously approved with all previous findings and conditions of approval to remain in effect. THE PUBLIC HEARING WAS OPENED. Michael Porto, 18195 McDurmott East, Suite C, Irvine, CA, stated he was there to answer any questions the Commission may have. Louise Okey, 20761 Aquatic Lane, spoke in support of the request. He stated the funds from the sale of the land would be used to enhance the church, therefore, enhancing the neighborhood. Ron Novkow, 17132 Englewood, spoke in support of the request. He stated the project was possible the best transition from single family homes to apartments. He also stated that leaving the lot vacant was undesirable. Jan Murphy, 8272 Southport, spoke in support of the request. She stated the lot left vacant was very dangerous. Rosalie Kroepil, 2620 Huntington, spoke in opposition to the request. She was concerned with additional traffic. Harry Monck, 303 Cleveland Drive, spoke in opposition to the request. Mr. Monck felt that a single family custom home would be the best option for the vacant lot. Gary Beard, 7492 Seabluff, #107, spoke in support of the request. He was concerned with leaving the lot vacant. PC Minutes - 10/8/91 -2- (2442d) 1 Marge Mitchell, Board of Trustees for the church, spoke in support of the project. John Yeiser, 302 Cleveland, spoke in opposition to the request. He was concerned with higher density, more traffic and drugs. Don Stephens, 7401 Seabluff Drive, #105, spoke in support of the request. Mr. Stephens stated he had driven by at various times of the day and never noticed a parking problem in that area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission questioned staff as to the fate of the proposed project if the adjacent project was recycled. Staff told the Commission the new project would then have to stand alone. They also discussed the actual size of the lot and the drawbacks of leaving the lot vacant. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER TO APPROVE ZONE CHANGE NO. 91-2, TENTATIVE PARCEL MAP NO. 89-322 AND USE PERMIT NO. 90-63 AS PREVIOUSLY APPROVED WITH ALL PREVIOUS FINDINGS AND CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland NOES: Dettloff, Bourguignon, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED B-2 CONDITIONAL USE PERMIT NO. 91-28/LOT LINE ADJUSTMENT NO 91-1 (CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION MEETING)• APPLICANT: Mark Keller/Farhad Rezai LOCATION: Seabridge Center, 8052 Adams Avenue Conditional Use Permit No. 91-28/Lot Line Adjustment No. 91-01 is a request to construct a new parking lot at Seabridge Center located on the southeast corner of Beach Boulevard and Adams Avenue pursuant to Section D of the Seabridge Specific Plan. The lot line adjustment will reflect the new parking lot boundary and expand the area of a vacant commercial parcel to the west. These items were continued from the September 4, 1991 Planning Commission meeting in order to allow staff time to review a revised parking layout submitted as a result of non-concurrance of a co-owner of the property with the application. At the September 17, 1991 Planning Commission meeting the items were continued again because it appeared an agreement with the adjacent property owner could be reached. PC Minutes - 10/8/91 -3- (2442d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-28 with findings and suggested conditions of approval. The Commission discussed the amendment of Condition of Approvel No.3.g. They also discussed the parking. THE PUBLIC HEARING WAS OPENED. Richard Landes, 20042 Beach Boulevard, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-28 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-28: 1. The location, site layout, and design of the proposed parking lot properly adapts the proposed lot, streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of one proposed use to another on a site are properly integrated. Proper entrances, drive aisles and circulation patterns are established with the new parking to layout. 3. The access to and parking for the proposed parking lot does not create an undue traffic problem. Proper circulation through the lot and/or turnaround space is provided. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-28: 1. The site plan, floor plans, and elevations received and dated October 2, 1991 shall be the conceptually approved layout with the following modifications: PC Minutes - 10/8/91 -4- (2442d) a. The two parking spaces located in Sakura's trash receptacle area on the south side of the building shall be deleted from the plan. 2. Prior to submittal for Building Permits, the applicant/owner shall complete the following: a. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. Pavement design shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. f. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. PC Minutes - 10/8/91 -5- (2442d) g. A lot line adjustment reflecting the new parking lot layout shall be submitted to the Zoning Administrator for approval prior to issuance of grading permit. 4. 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. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 7. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. 8. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 1 PC Minutes - 10/8/91 -6- (2442d) B-3 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 91-22 (CONTINUED FROM THE SEPTEMBER 17 1991 PLANNING COMMISSION MEETING): APPLICANT: State of California Department of Transportation APPELLANT: Hugh Hewitt LOCATION: Pacific Coast Highway from Brookhurst Street to Beach Boulevard. The dune restoration project will extend from Brookhurst Street to the Edison power plant. Coastal Development Permit No. 91-22 is an appeal by Hugh Hewitt, Attorney for Pacific Enviro Design which owns a portion of the property proposed for dune restoration, of the Zoning Administrator's approval of a request to widen Pacific Coast Highway from Brookhurst Street to Beach Boulevard and implement a Dune Restoration Project from Brookhurst Street to the Southern California Edison Plant as required environmental mitigation pursuant to Environmental Impact Report No. 85-2 (Pacific Coast Highway widening project). The coastal development permit for the highway widening project is being processed pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code. The Dune Restoration Project will be reviewed for "approval in concept" only for a recommendation 'to the Coastal Commission. Coastal Development Permit No. 91-22 was continued on September 17, 1991 to allow for proper legal notification of the project. STAFF RECOMMENDATION: Staff recommends that the Planning Commission uphold the Zoning Administrator's action to approve Coastal Development No. 91-22 and 'approval in concept' for the Dune Restoration by denying the appeal. A continuace was requested by the Attorney for the current property owners, Mark McGuire. Mike Adams, Director of Community Development, suggested that the Commission take testimony from the Attorneys from both sides before deciding on a continuance. The Commission agreed. THE PUBLIC HEARING WAS OPENED. Mark McGuire, representing property owners, stated his request for continuance was intiated because of unresolved concerns regarding the lowering of the property value on the parcel. Ralph H. Neal, representing CalTrans, strongly objected to the continuance. Mr. Neal stated he was not notified of this request. He also stated his strong concern that further delays will increase cost on project and repeated continuances will cause the project to be recycled. PC Minutes - 10/8/91 -7- (2442d) A discussion ensued among the Commissioners regarding the rights to call a continuance, based on property owners request. Counsel did suggest that a continuance be granted because of the fact that all parties were not present this evening because a continuance had been expected. A MOTION WAS MADE BY KIKRLAND, SECOND BY SHOMAKER TO CONTINUE THE APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 91-22 TO THE OCTOBER 22, 1991 PLANNING COMMISSION MEETING WITH THE PUBLIC HEARING CONTINUED OPEN, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Bourguignon NOES: Richardson, Newman, Dettloff, Leipzig ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON, TO RECONSIDER THE PREVIOUS VOTE, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN TO CONTINUE THE APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 91-22 TO THE OCTOBER 22, 1991 PLANNING COMMISSION MEETING WITH THE PUBLIC HEARING CONTINUED OPEN, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, B-4 ADDENDUM TO FINAL EIR NO. 89-1/GENERAL PLAN AMENDMENT NO. 91-2 (CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION MEETING)• APPLICANT: Pacific Coast Homes/City of Huntington Beach LOCATION: The Holly-Seacliff Masterplan Area 0 u PC Minutes - 10/8/91 -8- (2442d) Pacific Coast Homes has submitted General Plan Amendment No. 91-2 in order to shift seven (7) acres of commercial from the southeast intersection of Garfield Avenue and Edwards Street to the southwest intersection of Garfield Avenue and Goldenwest Street. Also, the applicant is requesting to shift residential densities near the intersection of Garfield Avenue and Main Street which will result in no additional units. The third request is to permit oil production/oil consolidation in the two (2) industrial land use areas. The requested amendments to the Holly-Seacliff Master Plan require the processing of a general plan amendment to the City's Land Use Element. In order to process the amendment, staff has prepared an addendum to the original environmental impact report. Section 15164 of the California Environmental Quality Act states "The lead agency shall prepare an addendum to an environmental impact report if only minor technical changes or alterations are necessary to make the environmental impact report under consideration adequate under the California Environmental Quality Act and no new significant effects on the environment are raised." STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopting Planning Commission Resolution No. 1450 and forward to the City Council; and B. Approve General Plan Amendment No. 91-2 by adopting Planning Commission Resolution No. 1451 and forward to the City council for adoption. The Commission discussed combining Items B-4 and Items B-5 for action or continuance at this evenings meeting. By a straw vote the items were combined by a vote of six (6) ayes, Commission Newman noe. The Commission asked that the School Board's conerns and the request to change residential area to industrial be addressed in Item B-4. B-5 ZONE CHANGE NO. 90-10/CODE AMENDMENT NO 90-10 (CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION MEETING): APPLICANT: Pacific Coast Homes/City of Huntington Beach LOCATION: The Holly-Seacliff Masterplan Area On January 8, 1990, the City Council adopted the Holly-Seacliff Master Plan and certified Final Environmental Impact Report No. 89-1 for the Holly-Seacliff area. The Master Plan designates types of land uses and densities while Final Environmental Impact Report No. 89-1 addresses environmental impacts resulting from future development in the area. In order for development to occur, staff is recommending that a Specific Plan be adopted for a portion of the Holly-Seacliff Master Plan area in order to fully address the goals PC Minutes - 10/8/91 -9- (2442d) and policies in the Master Plan measures in Final Environmental Huntington Beach has initiated Amendment No. 91-10 in order to Specific Plan for 569 acres in STAFF RECOMMENDATION: and to implement the mitigation Impact Report No. 89-1. The City of Zone Change No. 91-10 and Code establish the Holly-Seacliff the Holly-Seacliff Master Plan area. Staff recommends that the Planning Commission approve Zone Change No. 91-10 and Code Amendment No. 91-10 with modifications proposed by staff and based on findings and forward to the City Council for adoption. The Commission requested staff to address their concerns in Item B-5 as follows: 1. Different classifications for Planning Areas. 2. Relationship of Development Agreement No. 90-1 and the proposed Holly-Seacliff Specific Plan. 3. Oil Overlay Zones. 4. Access and Circulation on realigned Gothard Street between Ernest Street and Garfield Avenue. 5. Traffic concerns. 6. Non -Arterial circulation plan and access points. 7. Bus turnouts. 8. Railway access. 9. Transportation corridor. 10. Traffic concerns. 11. Equestrian link to the Bolsa Chica Linear Park. 12. Density transfer. 13. Variances and Special Permits. 14. Development Standards. 15. Low Density Residential Areas. 16. Affordable housing. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO CONTINUE ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1 AND GENERAL PLAN AMENDMENT NO. 91-2, ZONE CHANGE NO. 90-10 AND CODE AMENDMENT NO. 90-10 TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON OCTOBER 29, 1992 IN ORDER TO ADDRESS ALL CONCERNS OF THE COMMISSION, THE SCHOOL DISTRICT AND THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Fj PC Minutes - 10/8/91 -10- (2442d) 1 B-6 CONDITIONAL USE PERMIT NO. 91-1/NEGATIVE DECLARATION NO 91-19: APPLICANT: St. Wilfrid's of York Episcopal Church LOCATION: 18631 Chapel Lane (westside of Chapel Lane approximately 670 feet south of Ellis Avenue) Conditional Use Permit No. 91-1 with a Special Permit and Negative Declaration No. 91-19 is a request to permit the expansion of the existing St. Wilfrid's Church facility. The proposal also includes a joint use parking request and a special permit to allow a maximum 20% of the required parking spaces to be compact. The church expansion includes a new 405 seat 11,850 square foot church, 7,230 square feet of new clasrooms/ administrative area, 1,105 square foot addition to the new parish hall and 400 square feet of storage area pursuant to Section 9630(c) of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-19 and Conditional Use Permit No. 91-1 with Special Permit with findings and suggested conditions of approval. Staff also added a condition of approval regarding the facility's hours of operation for joint use parking. THE PUBLIC HEARING WAS OPENED. Charles Sacquety, applicant, stated he felt the project would enhance the neighborhood, serve the parrish and the community. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-1 WITH SPECIAL PERMITS AND NEGATIVE DECLARATION NO. 91-19 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 10/8/91 -11- (2442d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-1: 1. The location, site layout, and design of the proposed church expansion plan properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed project conforms to code, provides adequate parking and provides an improved overall site. 2. The combination and relationship of one proposed use to another on a site are properly integrated. The three (3) general uses on -site have been properly addressed through design and a joint use parking plan. 3. The access to and parking for the proposed church expansion plan does not create an undue traffic problem. Adequate code required parking is provided and addressed through the joint use parking plan and traffic/parking study. FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1. A traffic study prepared by a registered traffic engineer has been submitted which document the impacts of the request. 2. The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. 3. The special permit will result in a more effective and efficient circulation pattern and parking layout. 4. The special permit will enhance the general appearance of the development and its surroundings. 5. The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. CONDITIONS OF APPROVAL _-_CONDITIONAL USE PERMIT NO. 91-1: 1. The site plan, floor plans, and elevations received and dated September 24, 1991 shall be the conceptually approved layout. 2. The facility's hours of operation for joint use parking shall be as follows: Pre-school AA meetings AA meetings Funeral/Wedding Religious Services/ Sunday School Monday - Friday Monday - Friday Monday - Friday Saturday TBA* 7:00 AM - 1:00 PM 7:00 AM - 8:15 AM 8:00 PM - 10:00 PM Sunday 7:30 AM - 10:30 AM PC Minutes - 10/8/91 -12- (2442d) *Schedule of events shall not be in conflict with the availability of on -site parking. Minor modifications to the hours of operation shall be subject to review and approval of the Community Development Department. 3. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. Elevations shall depict colors and building materials proposed. c. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. d. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. e. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, soil corrosivity, fill properties, foundations, retaining walls, streets, and utilities. f. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. PC Minutes - 10/8/91 -13- (2442d) b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. All applicable Public Works fees shall be paid. e. Joint use parking shall require that a Joint Use Parking Agreement be recorded prior to issuance of permits. A copy of the legal instrument shall be approved by 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. f. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for staff/employees and parish members. g. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. 5. The Public Works Department requirements are as follows: a. The developer shall submit water improvement plans, on a separate utility plan, showing service connections to all lots, fire hydrants and other appurtenances in accordance with applicable U.P.C., Ordinances and Public Works Standards. These plans shall be approved by the Public Works Water Division. b. The water system shall be located within vehicular travelways and dedicated to the City. The Developer shall be held responsible for repairing any enhanced pavement, if the water mains, etc., require repair or maintenance. c. The developer will be responsible for payment of any additional fees adopted in the upcoming Water Division Financial Master Plan. d. No combustible construction shall occur until an approved water system is installed. e. Developer shall use "drought tolerant" plans and turf for all common area landscaping. Landscape plans shall be approved by the Department of Public Works. f. On -site sewers shall be private. PC Minutes - 10/8/91 -14- (2442d) g. The developer will be responsible for the payment of the Traffic Impact fees at the time building permits are issued. h. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. i. On -site drainage shall not be directed to adjacent properties, but shall be released and relinquished to the City except at locations approved by the Planning Commission. j. The public sidewalk shall be removed and replaced. k. The existing trees within the public sidewalk shall be removed. 1. The existing driveway shall be removed. m. The proposed driveways shall be the radius type and 27 foot minimum width. n. Developer shall install separate irrigation service. 6. Fire Department Requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. The system will provide the following: 1. Manual Pulls 2. Water flow, valve tamper and trouble detection 3. 24 hour supervision 4. Smoke Detectors 5. Audible Alarms c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. Two (2) fire hydrants will be installed prior to combustible construction. e. Fire lanes will be designated and posted to comply with City Specification No. 415. f. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be the following: 1. The number for the building will be sized a minimum of six (6) inches with a brush stroke at one and one-half (1-1/2) inches. PC Minutes - 10/8/91 -15- (2442d) g. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Include the circulation plan and dimensions of all access roads (24 foot or 27 foot fire lanes, turnarounds and 17 foot by 45 foot radius turns). h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. i. Exit signs and exit path markings will be provide in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. j. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and No. 431 for the abandonment of oil wells and site restoration. k. The project 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. 1. This project must meet all requirements of State Fire Marshall for classrooms. m. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 10. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. PC Minutes - 10/8/91 -16- (2442d) 1 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 13. 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. 91-1 and Negative Declaration No. 91-19 may become null and void. 14. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 15. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, and returned to the Planning Division. 16. Conditional Use Permit No. 91-1 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-7 CONDITIONAL USE PERMIT NO. 91-30 (REVISED)/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44: APPLICANT: Gang Xu, Sakura Japanese Restaurant LOCATION: 8052 Adams Avenue Conditional Use Permit No. 91-30 (Revised) is a request to add dancing to a previously approved conditional use permit for live entertainment. Conditional Exception (Variance) No. 91-44 is a request to allow a reduction of three (3) parking spaces, pursuant to Section 9.220.12 and Section 9602.2.F(3) of the Huntington Beach Ordinance Code. PC Minutes - 10/8/91 -17- (2442d) Conditional Exception (Variance) No. 91-30 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 960 in the following areas: 1. Section 9602.2.F(3) specifices that one (1) parking space be provided for every 50 square feet of area devoted to dancing. The applicant is requesting relief from providing the requisite three (3) additional parking spaces. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-30 (Revised) and Conditional Exception (Variance) No. 91-44 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Richard Landes, 20042 Beach Boulevard, spoke in support of the project. Mark Hyams, 20331 Bluffside, spoke in support of the project, but in opposition to valet parking. He stated they did not do enough business to necessitate valet parking. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed changing the parking requirements and waive the three (3) spaces with a condition allowing them to revisit the parking if the business became a huge success. Staff suggested incorporating a six (6) month review into the conditions. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-30 (REVISED) AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-30 (REVISED): 1. The location, site layout and design of the properly adapts the proposed structures to and other adjacent structures and uses in a manner. The existing site was developed as restaurant and related use. proposed dancing streets, driveways, harmonious and can support a 1 PC Minutes - 10/8/91 -18- (2442d) 2. The combination and relationship of one proposed use to another on a site are properly integrated. The existing site was developed as and can support a restaurant and related use. 3. The access to and parking for the proposed dancing does not create an undue traffic problem. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91-44: 1. The granting of a conditional exception for parking is necessary in order to preserve the enjoyment of one or more substantial property rights. 2. The granting of Conditional Exception (Variance) No. 91-44 for parking will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming land, property, or improvements in the neighborhood. 3. The granting of this conditional exception from Section 9601.2 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide safe internal circulation, entrances and exits, drives and aisles and allow unobstructed access from an aisle without moving another vehicle for every required parking space. 4. The granting of the conditional exception for parking will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 91-30 (REVISED)/ CONDITIONAL EXCEPTION (VARIANCE) NO 91-42: 1. A parking lot security guard shall be on duty during all dancing events to monitor parking, trash and noise. 2. The hours of operation for dancing shall be: Sunday - Thursday 9:00 PM - 12:00 AM Friday - Saturday 9:00 PM - 1:30 AM 5. A review of the use shall be conducted within six (6) months of the issuance of the Entertainment 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. 91-30 (Revised) and Conditional Exception (Variance) No. 91-44 may become null and void. In addition, this review may address a reconsideration of a shared valet parking plan with the Crazy Burro Restaurant. 6. The Planning Commission reserves the right to modify the terms of this Conditional Use Permit No. 91-30 (Revised) and Conditional Exception (Variance) No. 91-44 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 10/8/91 -19- (2442d) 7. This Conditional Use Permit No 91-30 (Revised) and Conditional Exception (Variance) No. 91-44 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-8 CONDITIONAL USE PERMIT NO_.91-43/COASTAL DEVELOPMENT PERMIT NO, 91-24• APPLICANT: Ross Boydell, REB Design LOCATION: 3522 Venture Drive (approximately 360 feet westerly on Sundancer Lane, on the south side of Venture Drive, in Huntington Harbour) Conditional Use Permit No. 91-43 and Coastal Development Permit No. 91-24 is a request to permit a new single family dwelling with a 110 square foot, third story loft and to allow the dwelling to exceed the maximum height of 25 feet, pursuant to Section 9110.4(A) of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-43 and Coastal Development Permit No. 91-24 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Ross Boydell, 1018 N. Lemon Street, Orange, CA, architect for the project. Mr. Boydell spoke in support of the project and submitted pictures to the Commission showing similar three (3) story houses. Steven Graboff, 3522 Venture Drive, spoke in support of the request. He felt it would be an enhancement to the neighborhood. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed height code and the CC&R's. PC Minutes - 10/8/91 -20- (2442d) 1 A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 91-43 AND COASTAL DEVELOPMENT PERMIT NO. 91-24 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-43: 1. The proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft will not have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity or will not be detrimental to the value of the property and improvements in the vicinity. The proposal as designed, meets and or exceeds the code requirements for a third story and, therefore, will not be detrimental to the surrounding neighborhood. 2. The proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft is compatible with existing or proposed uses in the vicinity. The proposed third story loft is located at the rear of the house and, therefore, will be compatible with the existing and surrounding two (2) and three (3) story residences of the Huntington Harbour area. 3. The location, site layout and design of the proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft is properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner. The location of the third story windows are properly related and, therefore, will be harmonious with existing structures and uses. PC Minutes - 10/8/91 -21- (2442d) 4. The proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft is consistent with the goals and policies of the Huntington Beach General Plan. The General Plan allows for a wide variety of housing types and the proposal as submitted conforms to the provision of a third story addition as implemented through the zoning ordinance and the plans and policies of the Housing element of the General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-24: 1. The proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft as proposed by Coastal Development Permit No. 91-24 conforms with the plans, policies, requirements and standards of the Coastal element. 2. The proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft as proposed by Coastal Development Permit No. 91-24 is consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft as proposed by Coastal Development Permit No. 91-24, will have available, infrastructure in a manner that is consistent with the C-LUP. 4. The proposed construction of a single family residence with a second story height of 26 feet, 9 inches and a third floor 110 square foot loft as proposed by Coastal Development Permit No. 91-24 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-43/COASTAL DEVELOPMENT PERMIT NO. 91-24: 1. The site plan, floor plans, and elevations received and dated September 12, 1991 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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. PC Minutes - 10/8/91 -22- (2442d) 1 b. 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. c. Elevations shall depict colors and building materials proposed. d. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. All applicable Public Works fees shall be paid. b. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. c. Grading plan required. 4. Fire Department requirements are as follows: a. An automatic fire sprinkler system throughout building shall be approved and installed pursuant to Fire Department regulations. b. Provide tow (2) inch water meter per Water Department requirements. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. Prior to final building permit inspection, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-43 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. PC Minutes - 10/8/91 -23- (2442d) 10. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, and returned to the Planning Division. 11. Conditional Use Permit No. 91-43 and Coastal Development Permit No. 91-24 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 1 PC Minutes - 10/8/91 -24- (2442d) 11 B-9 SPECIAL SIGN PERMIT NO, 91-5: APPLICANT: Mr. Robert Cocchi/Toys-R-Us LOCATION: Shopping center on the southeast corner of Goldenwest Street and Edinger Avenue Special Sign Permit No. 91-5 is a request to permit a 20 square foot illuminated business identification monument sign with a sign separation of 100 feet and 150, pursuant to Section 9610.7 of the Huntington Beach Ordinance Code. The Special Sign Permit has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code. Article 961, Section 9610.5(b) specifies that monument signs shall be located a minimum distance of 200 feet apart. STAFF_ RECOMMENDATION: Staff recommends that the Planning Commission approve Special Sign Permit No. 91-5 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Robert Cocchi, representing applicant, stated he was there to answer any questions the Commission may have. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE SPECIAL SIGN PERMIT NO. 91-5 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 91-5: 1. Strict compliance with Article 976 will result in a substantial economic hardship to the applicant. 2. The proposed illuminated monument sign will not adversely affect other signs in the area. PC Minutes - 10/8/91 -25- (2442d) 3. The proposed illuminated monument sign will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4. The proposed sign at the proposed location will not obstruct pedestrian or vehicular traffic vision. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 91-5: 1. The site plan and sign elevations dated September 11, 1991 shall be the approved layout. 2. The approved sign will become part of Planned Sign Program No. 88-8 and Use Permit No. 76-52 previously approved. 3. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. B-10 CONDITIONAL USE PERMIT NO 91-34/CONDITIONAL EXCEPTION (VARIANCE) NO 91-33/TENTATIVE PARCEL MAP NO. 91-248/NEGATIVE DECLARATION NO. 91-31: APPLICANT: RPP Architect & Associates LOCATION: 17221 and 17231 Beach Boulevard Conditional Use Permit No. 91-34 is a request to permit the establishment of a new 2,460 square foot restaurant pursuant to Section 9220.1(c) and to permit the sale of alcoholic beverages for on -site consumption pursuant to Section 9636 of the Huntington Beach Ordinance Code. Tentative Parcel Map No. 91-248 is a request for consolidation of two (2) existing 11,400 square foot lots for the purposes of establishing a restaurant. Conditional Exception (Variance) No. 91-33 has been initiated because the proposed project does not comply with the Huntington Beach Code in the following areas: 1. Section 9220.3 requires a minimum frontage of 100 feet on commercially zoned lots. The applicant has requested an exception of 96 feet after consolidating two existing 48 foot wide lots. 1 PC Minutes - 10/8/91 -26- (2442d) 1 2. Section 9606.3 allows a non-residential development to have 20 percent of the total number of spaces as compact parking provided there be a minimum of 20 spaces. The applicant has requested 17 compact spaces (41%) of the 41 required spaces for the restaurant. 3. Section 9601.2 specifies that every required parking space have unobstructed access from an aisle without moving other vehicles. The applicant has requested approval of two (2) tandem employee parking spaces located to the rear of the building. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-31, Conditional Use Permit No. 91-34, Conditional Exception (Variance) No. 91-33 and Tentative Parcel Map No. 91-248 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Bozena Jaworski, architect for the project, spoke for the request and stated he was there to answer any questions the Commission may have. Art Stanlow, designer of project, spoke for the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff if they could eliminate the trash enclosure area and get additional parking. Staff replied that was not possible. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-34, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-33, TENTATIVE PARCEL MAP NO. 91-248 AND NEGATIVE DECLARATION NO. 91-31 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 PC Minutes - 10/8/91 -27- (2442d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-34: 1. The location, site layout, and design of the proposed restaurant properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner by providing reciprocal access and sufficient distance from the residential structures. 2. The access to and parking for the proposed restaurant does not create an undue traffic problem by separating the compact spaces throughout the project and restricting the two (2) tandem spaces for employees. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-33: 1. The granting of a conditional exception for reduced lot frontage, tandem parking spaces and exceeding the maximum percentage of compact spaces is necessary in order to preserve the enjoyment of one or more substantial property rights by encouraging the use of the commercial property. 2. The granting of Conditional Exception (Variance) No. 91-33 for reduced lot frontage, tandem employee parking and exceeding the maximum percentage of compact parking will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming property in the neighborhood as the proposed restaurant will be compatible with the adjacent commercial uses. 3. The conditional exception (variance) for reduced lot frontage, tandem employee parking and exceeding the maximum percentage of compact parking is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Commercial by encouraging commercial uses where non -conforming residential uses exist. 4. The granting of this conditional exception from Article 960 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide safe and adequate parking for all uses in the City of Huntington Beach. 5. The establishment, maintenance and operation of the proposed restaurant will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 6. The requested variances provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout by providing reciprocal access and additional landscaping. 7. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and will proceed to do so without unnecessary delay. PC Minutes - 10/8/91 -28- (2442d) FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO 91-248: 1. The proposed consolidation of two (2) parcels for purposes of commercial use is in compliance with the size of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use in order to bring non -conforming uses into conformance with the City's General Plan and Zoning Code. 3. The property was previously studied for this intensity of land use at the time the land use designation for community business district allowing commercial buildings was placed on the subject property. 4. The size, depth, street width and other design and improvement features of the proposed consolidation 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. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-34/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-33: 1. The site plan, floor plans, and elevations received and dated September 30, 1991 shall be the conceptually approved layout with any parking lot layout modifications as mutually agreed upon between staff and the applicant. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. 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 as approved by the Design Review Board. PC Minutes - 10/8/91 -29- (2442d) 3. g. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. h. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. i. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. j. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. All applicable Public Works fees shall be paid. 1 PC Minutes - 10/8/91 -30- (2442d) 1 e. The subject property shall enter into irrevocable reciprocal access agreements between the subject site and the adjacent commercial properties. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. f. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. g. Perimeter fencing plans for review and approval which depict decorative materials. 4. The Public Works Department requirements are as follows: a. Driveway on Beach Boulevard shall be constructed per Orange County Standard No. 1210. b. A street light shall be installed if required. 5. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. g. Address numbers shall be installed to City Specification No. 428 with minimum ten (10) inch letters and a brush stroke of one and one-half (1-1/2) inches. h. Exit signs and exit path markings shall be provided in compliance with Huntington Beach Fire Code and Title 24 of the California Administrative Code. PC Minutes - 10/8/91 -31- (2442d) 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall submit a parking management plan identifying the means by which restaurant employees will be required to utilize the tandem parking spaces. b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 12. Hours of operation shall be restricted from 11 AM to 10 PM Sunday through Thursday, and 11 AM to 12 midnight Friday and Saturday. 13. The Planning Commission reserves the right to modify the terms of Conditional Use Permit No. 91-34 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 10/8/91 -32- (2442d) 14. Conditional Use Permit No. 91-34 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 15. The applicant/property owner shall be responsible for paying the Traffic Impact Fee prior to final building permit approval. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 91-248: 1. The Tentative Parcel map received by the Department of Community Development on September 30, 1991 shall be the approved 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 development. 5. All utilities shall be installed underground at the time said parcel is developed. 6. Development shall comply with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Community Development. 8. All vehicular access rights along Beach Boulevard shall be dedicated to the City of Huntington Beach except at locations approved by the Planning Commission. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MAY 21 1991: A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE THE PLANNING COMMISSION MINUTES DATED MAY 21, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig PC Minutes - 10/8/91 -33- (2442d) C-2 GENERAL PLAN CONFORMANCE NO. 91-9: - Applicant: City of Huntington Beach - Make a finding of conformity with the General Plan for vacation of Chicago Avenue, west of Alabama Street between Pecan Avenue and Atlanta Avenue. The subject property is a 60 foot wide, 7,500 square foot strip of land on the west side of Alabama Street, between Pecan and Atlanta Avenues. It was originally acquired by the City for street purposes. However, after completion of local street improvements and development of the Huntington Bayshore Condominium project over the street further to the west, it was determined to be surplus. The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any County or City until the location, purpose and extent of such activity has been reported upon as to conformity with the adopted General Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 91-9 with findings and conditions of approval. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE GENERAL PLAN CONFORMANCE NO. 91-9 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-9: 1. Encourage rational use of land and other natural resources (Policy No. 3.4.2.7.1). The City has allowed development over Chicago Street further to the west and determined that the use of the remainder of this section of Chicago Street for public street right-of-way is no longer needed and may be vacated to the adjacent property owner for residential purposes with the condition that the fire lane access be replaced. PC Minutes - 10/8/91 -34- (2442d) 2. To provide and maintain a quality living environment so that members of all economic, social, and -ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City (Policy No. 4.3.2.5.1). Vacating this portion of Chicago Street to the adjacent property owners allows the area now in the street to be added into the density calculations for the adjacent property and therefore, a potential increase in housing for the residents of Huntington Beach. 3. To assure the adequate provision of sites for housing, the City of Huntington Beach shall: identify and evaluate potential housing sites located with convenient access to arterial highways and public transportation, schools, parks, and recreational facilities shopping areas, employment opportunities (Policy No. 3.0). This subject site is located within the Oldtown Specific Plan with convenient access to shopping and employment. Vacating this portion of Chicago Street to the adjacent property owners increases the allowable density and therefore, potential housing on that site. CONDITIONS OF APPROVAL - GENERAL PLAN CONFORMANCE NO 91-2: 1. Prior to the vacation of Chicago Street right-of-way, west of Alabama Street, the adjacent property owner shall provide for the conversion of existing fences on the north and south ends of the Bayshore Condominium property into fire access gates to the fifteen (15) foot landscape easement at Atlanta and Pecan Avenues. 2. The Bayshore Homeowner's Association shall approve the replacement gates and proposed project architectural and site plan. 3. Design of the replacement gates shall meet Fire Department requirements. D. NON-PUBLIC HEARING ITEMS D-1 PLANNED SIGN PROGRAM NO. 91-9 (CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION MEETING): - Applicant: William Harmuth - Comprehensive Planned Sign Program including wall signs and free-standing signs LOCATION: Northwest corner of Adams and Magnolia Planned Sign Program No. 91-9 is a request for a Comprehensive Sign Program for an existing retail center. The request includes all wall signs for the various tenants as well as two center identification pole signs and two secondary business monument signs. The planned sign program is required as a condition of approval for Use Permit No. 89-62 which permitted the facade improvements currently underway at the site. PC Minutes - 10/8/91 -35- (2442d) Planned Sign Program No. 91-9 was continued by the Commission from the September 19, 1991 Planning Commission meeting at the request of the applicant as the property owner could not attend the September 19, 1991 meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Planned Sign Program 91-9 as amended by staff with findings and suggested conditions of approval. A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO APPROVE PLANNED SIGN PROGRAM NO. 91-9 AS AMENDED BY STAFF WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: Richardson, Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED A discussion then ensued among the Commissioners regarding the tenant panels. Some of the Commissioners felt they were taking away four (4) businesses with the panels. A MOTION WAS MADE BY DETTLOFF, SECOND BY SHOMAKER, TO RECONSIDER THE PREVIOUS VOTE TO APPROVE AS AMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON TO APPROVE PLANNED SIGN PROGRAM NO. 91-9 AS SUBMITTED BY APPLICANT WITH EIGHT (8) TENANT PANELS WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 10/8/91 -36- (2442d) E. DISCUSSIO*i :'TEMS None F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSI3N ITEMS Commissioner Kirkland - appointed Commissioner Shomaker to the Ascon Committee Commissioner Bourguignon - requested staff to keep him informed as to when the glass rooms, Harbour Code, and solar rooms would be incorporated into the code. H. COMMUNITY DEVELOPMENT ITEMS Mike Adams reiterated action taken at the Cctobev 7, 1991, City Council meeting. I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON OCTOBER 22, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourruignon, Leipzig NOES: Nonce ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: Mike A ams, ecretary P nning Commission Chairperson PC Minutes - 10/8/91 -37- (2442d)