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HomeMy WebLinkAbout1994-03-15APPROVED 5/17/94 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 15, 1994 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 P P ROLL CALL: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle 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. Abdul S. Memon, 2020 San Remo, Long Beach and Mohammed Memon, 10412 Circulo De Zapata, Fountain Valley, spoke regarding the appeal of the Zoning Administrator's approval of Use Permit No. 94-17 to the Planning Commission. They requested that the Planning Commission take action on this request that evening, as the permit would be for an activity occurring before the next regularly scheduled meeting. Chairwoman Dettloff explained that the appeal of the item had come in too late for notification as a public hearing, that it was not on the agenda, and the Planning Commission could not act upon the appeal that evening. 1 B. PUBLIC HEARING ITEMS B-la ZONE CHANGE NO.93-2: APPLICANT: Seacliff Partners LOCATION: Approximately 5.51 acres along the southern edge of the Holly-Seacliff Specific Plan located south of Garfield Avenue between Seapointe Street and Goldenwest Street. Zone Change No. 93-2 is a request by Seacliff Partners to rezone approximately 5.51 acres from residential to open space, .11 acres from open space to recreational and .08 acres from residential to residential for a total of 5.7 acres. The zone change will reconcile various zoning areas and will create a precise zoning boundary between the existing Seacliff Golf Course and Tentative Tract No. 14700. STAFF RECOMMENDATION: Staff supports the zone change request because it is consistent with the City's General Plan and the zone change will result in a net increase of 5.4 acres of open space zoning. THE PUBLIC HEARING WAS OPENED (This public hearing covers Items Bla through Bld). Tom Zanic, 520 Broadway, Santa Monica, representing applicant, gave a brief description of the request. He also stated that he agreed with all staffs recommended conditions, except Condition No. Lb. on Conditional Use Permit No. 93-39 and Coastal Development Permit No. 93-23. Mr. Zanic requested that this condition be deleted as it was not a code requirement and was not required by the Specific Plan. He stated if they were to provide a minimum 50 foot wide view corridor they would suffer a loss of golf course lots. Commissioner Kerins asked staff if the earthquake fault was disclosed and what construction techniques were being used because of the fault line. Staff stated that the earthquake fault was disclosed in the geological report and construction techniques must follow current seismic code. John Roe, 19382 Surfdale Lane, spoke in opposition to the plan as it currently exists. Mr. Roe stated he could support the project if the Commission would consider allowing the northeast corner homes, adjacent to existing homes, to be larger. Denise de Vines 322A-19th Street, spoke in support of the request, stating the project would be good for property values and schools. PC Minutes - 3/15/94 (pcm004) Sam Garza, 19425 MacGregor Circle, spoke in support of the request with the exception of Condition No. Lb. on Conditional Use Permit No. 93-39 and Coastal Development Permit No. 93-23 regarding the view corridor. He spoke in opposition to the condition. Jim Torline, 8512 Oxley Circle, spoke in support of the request as proposed. Karen Jackle, 67153 Lawn Haven, spoke in support of the request. Nick Tomaino, 6812 Scenic Bay Lane, Huntington SeacliffHomeowners' Association, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS OPENED. A MOTION WAS BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE ZONE CHANGE NO. 93-2 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN; None MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO.93-2: 1. Zone Change No. 93-2 for the redesignation of 27 areas totaling 5.7 acres is consistent with the City's Land Use Element of the General Plan by conforming to the policy of retaining recreational open space. The proposed zone change will result in a net gain of 5.4 acres of recreational open space zoning adjacent to the SeacliffGolf Course. 2. Zone Change No. 93-2 will reconcile a mix of remnant zoning classifications adjacent to the southern edge of the Holly-Seacliff Specific Plan and will create a precise boundary between recreational open space land uses and future residential land uses. 3. Zone Change No. 93-2 is in conformance with the City's Land Use Plan designations of Low Density Residential and Recreational Open space because each area rezoned from recreational open space to residential are less than 1.0 acre in size and the areas rezoned from residential to recreational open space are contiguous to an area zoned recreational open space which is greater than 20 acres in size. This is based upon the parcel size criteria denoted in the General Plan. PC Minutes - 3/15/94 3 (p=004) B-lb CODE AMENDMENT NO. 93-10: APPLICANT: SeacliffPartners LOCATION: Applies to all residential planning areas in the Holly-Seacliff Specific Plan Code Amendment No. 93-10 is a request by Seacliff Partners to amend the Holly-Seacliff Specific Plan to allow a reduction in the sideyard setbacks for fireplaces, bay windows, unroofed balconies, open stairways and architectural features. The request is consistent with existing City-wide development standards for residential areas. STAFF RECOMMENDATION: Staff supports the request because it is consistent with existing City development standards, it will provide flexibility for interior design and utilization of outdoor areas. A MOTION WAS BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE CODE AMENDMENT NO.93-10, WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN; None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 93-10: 1. Code Amendment No. 93-10, a request to amend the Holly-Seacliff Specific Plan to reduce minimum interior and exterior sideyard setbacks for fireplaces, bay windows, unroofed balconies, open stairways, architectural front yard and clarify the minimum building separation between structures on the same lot, will maintain access for emergency exiting. 2. Code Amendment No. 93-10 to amend the Holly-Seacliff Specific Plan to reduce minimum interior and exterior sideyard setbacks for fireplaces, bay windows, unroofed balconies, open stairways, architectural front yard and clarify the minimum building separation between structures on the same lot, is consistent with existing city-wide residential development standards which permit a minimum 30 inch setback for fireplaces, bay windows, unroofed balconies, open stairways and architectural features in sideyard areas. PC Minutes - 3/15/94 4 (pcm004) 3. Code Amendment No. 93-10 is consistent with the goals and policies of the City's General Plan, the Holly-Seacliff Master Plan and the City's Coastal Element. The code amendment is consistent with existing City's Zoning, Building and Fire Codes. B-lc FINAL ENVIRONMENTAL IMPACT REPORT NO.89-1: MITIGATION MEASURE COMPLIANCE FOR TENTATIVE TRACT NO. 14700: APPLICANT: City of Huntington Beach LOCATION: Holly-Seacliff Area Final Environmental Impact Report No. 89-1, in conjunction with the Holly-Seacliff Master Plan, was certified by the City Council on January 8, 1990. It encompasses 768 acres for the development of up to 4,410 residential units and 11 acres of commercial. Seacliff Partners has submitted Tentative Tract No. 14700, located 1,000 feet south of Garfield Avenue and 1,500 feet west of Goldenwest Street, for the development of 397 residential units within the Holly-Seacliff area which is subject to compliance with the mitigation measures contained in the Final Environmental Report. All of the mitigation measures have been addressed in order to comply with recent California Environmental Quality Act regulations. Staff has focused on three (3) mitigation measures which address the need to analyze the impact of the proposed development to the Seacliff Golf Course, provide a geologic fault investigation which analyzes past seismic activity with the boundaries of the proposed tentative tract and a summary of archaeological concerns. STAFF RECOMMENDATION: Staff recommends that the Planning commission accept the Status of Compliance with Final Environmental Impact Report No. 89-1 Mitigation Measure Matrix for the development of Tentative Tract No. 14700. PC Minutes - 3/15/94 5 (p=004) A MOTION WAS BY RICHARDSON, SECOND BY GORMAN, TO ACCEPT THE STATUS OF COMPLIANCE WITH FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1 MITIGATION MEASURE MATRIX AND STAFF'S DETERMINATION OF MITIGATION COMPLIANCE REGARDING PERTINENT MITIGATION MEASURES CONTAINED IN FINAL ENVIRONMENTAL IMPACT REPORT NO.89-1 FOR TENTATIVE TRACT NO. 14700, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN; None MOTION PASSED B-1d CONDITIONAL USE PERMIT NO. 93-39/TENTATIVE TRACT MAP NO. 14700/COASTAL DEVELOPMENT PERMIT NO. 93-23: APPLICANT: Seacliff Partners LOCATION: Approximately 1,100 feet southwest of the intersection of Garfield Avenue and Goldenwest Street. Conditional Use Permit No. 93-9, Tentative Tract No. 14700 and Coastal Development Permit No. 93-23 represent a request to subdivide an 108 acre parcel into 397 lot for single family detached dwellings located in Planning Unit III-2 of the Holly-Seacliff Specific Plan. The request includes an 153 unit density transfer from Planning Unit III-2 to adjacent Planning Units. The subdivision also establishes the alignment of Clay Avenue between Goldenwest Street and Seapoint, and Edwards Street south of Garfield Avenue. The proposed residential subdivision conforms with the development standards of the Holly Seacliff Specific Plan and the mitigation measures of Final Environmental Impact Report No. 89-1. Specific mitigation measures regarding impacts to the Seacliff Golf Course, seismic and archaeology concerns have been addressed. The proposed residential subdivision provides over 2.6 acres of private open space in the form of passive recreation open space and view corridors to the Seacliff Golf Course. PC Minutes - 3/15/94 6 (pcm004) STAFF RECOMMENDATION: Based on extensive review and analysis, staff recommends approval of Conditional Use Permit No. 93-39, Tentative Tract No. 14700 and Coastal Development Permit No. 93-23 with special conditions which require including the remnant portion of Clay Street, a 15 foot wide landscape easement along Clay Street and Seapoint Avenue and a minimum 50 foot wide view corridor on the southern edge. A MOTION WAS BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 93-9, TENTATIVE TRACT NO. 14700 AND COASTAL DEVELOPMENT PERMIT NO.93-23 WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN; None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.93-39: 1. The proposed 397 lot residential subdivision with the conditions imposed will be compatible with adjacent uses because of compliance with the mitigation measures in Final Environmental Impact Report No. 89-1 and the Holly Seacliff Specific Plan. All identified significant impacts have been mitigated with conditions. 2. The establishment of the 397 lot residential subdivision 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. The elevations and size of the proposed dwellings are similar to existing neighborhoods. 3. On -site parking and circulation are adequate for the proposed 397 lot residential subdivision and does not have the potential of creating congestion and circulation hazards. The circulation conforms to the Holly-Seacliff Specific Plan. 4. Ingress and egress to the site does not have the potential of creating additional traffic impacts to the intersections along Goldenwest Street, Garfield Avenue, Seapointe Street and Clay Street. The Holly Seacliff Specific Master Plan anticipated the levels of service generated by the proposed subdivision. PC Minutes - 3/15/94 7 (p=004) 5. The granting of Conditional Use Permit No. 93-39, Tentative Tract No. 14700 and Coastal Development Permit No. 93-23 for a 397 lot residential subdivision will not adversely affect the General Plan of the City of Huntington Beach. The density, circulation, product type and private open space implement the goals and policies of the General Plan. 6. The density transfer of 153 units from Planning Unit I11-2 to adjacent Planning Units, detailed in attached table, is consistent with the provisions of the Holly Seacliff Specific Plan, the maximum density permitted by the Holly Seacliff Master Plan and the maximum density permitted by the City's General Plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14700: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for a 397 lot residential subdivision are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential (3.7 units per gross acre). 3. The General Plan has set forth provisions for Low Density Residential as well as setting forth objectives for the implementation of this type of use. 4. The site is relatively flat and physically suitable for the proposed density of 3.7 units per gross acre. Tentative Tract Map No. 14700 for 397 lot residential subdivision is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-23: 1. The proposed 397 lot residential subdivision conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan because the proposed subdivision complies with the development standards of the Holly Seacliff Specific Plan. 2. Coastal Development No. 93-23 is consistent with the CZ (Coastal Zone) suffix, the Holly Seacliff Specific Plan as well as other provisions of the Huntington Beach ordinance Code applicable to the property. At the time of occupancy, the proposed 397 lot residential subdivision will provide infrastructure in a manner that is consistent with the Huntington Beach ordinance Code applicable to the property. PC Minutes - 3/15/94 8 (p=004) 3. At the time of occupancy, the proposed 397 lot residential subdivision will provide infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. Access, utilities, sewer and building heights will be provided as require by the City, the Orange County Sanitation District, and the Holly-Seacliff Specific Plan. 4. The proposed 397 lot subdivision conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed subdivision is located 300 feet away from the water and is not required to provide vertical or lateral access to coastal resources. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.93-39 AND " COASTAL DEVELOPMENT PERMIT NO. 93-23: 1. The site plan, floor plans and elevations and dated received March 4, 1994 shall be the conceptually approved layout with the following modifications: a. Include remnant of Clay Street as a common landscaped area. b. Provide a minimum 15 foot wide landscape easement adjacent to Clay Street and Seapoint Street. c. Revise layout pursuant to Exhibit "A" and Exhibit 'B" (attached) dated March 8, 1994. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three (3) 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 back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. PC Minutes - 3/15/94 9 (pcm004) e. Structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set for h for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). f. Elevations shall depict proposed colors and building materials. g. Any areas within the Alquist-Priolo special studies zone must be investigated prior to issuance of any permits. The completed geotechnical report, including recommendations for the acceleration to be used for designing the structures on the site, or a statement that the adopted Uniform Building Code is adequate for the seismic design of the structures on the site, shall be submitted to the Public works Department. The Public works Department will obtain an independent analysis of the completed geologic report. The cost of this analysis will be paid by the applicant. When the report has been amended to the satisfaction of the Public works Department, the City will file the report with the State Geologist. Construction drawings along with calculations and approved geologic report shall be submitted to the Building Division of the Department of Community Department to complete the permit plan review. h. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. i. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of grading permits, the applicant shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A landscape Construction Set must be submitted to and approved by the Departments of Community Development and Public Works. PC Minutes - 3/15/94 10 (p=004) 1. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. Irrigation demands shall be submitted to insure proper irrigation service sizing and the landscape plan shall include drought tolerant plants and turf for all common area landscaping. 2. The landscape plans shall be in conformance with the Holly Seacliff Specific Plan and Section 9608 and 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 1 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 for review and approval. 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. The applicant shall obtain a National Pollutant Discharge Elimination System for construction activities from the Regional Water Quality Control Board. Evidence that the permit has been obtained shall be submitted to the City Engineer. e. A detailed soil analysis shall be prepared by a registered engineer and shall be subject to approval of the Department of Public Works. 4. Prior to the issuance of building permits, the following conditions shall be complied with: a. The Final Map, for that phase, shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development, except for model home complexes. b. The configuration of the security gates shall be subject to the approval of the Public Works, Police, Fire and Community Development Departments. c. For any site plans that include architectural features encroaching into sideyard setback areas, Code Amendment No. 93-10 shall be approved by the City Council and in effect . 5. Prior to the final inspection of the first unit of each final map: a. The traffic impact fee shall be paid for the entire tract or approved phase, in accordance with Development Agreement No. 90-1, prior to the release for occupancy of the first unit of each phase. PC Minutes - 3/15/94 11 (p=004) b. A reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. c. All Landscaping of common areas for each phase shall be completed. 6. Fire Department requirements are as follows: a. A Fire Protection Plan pursuant to Fire Department Specification #426 will be required prior to release of building permits. b. Adequate turning radius minimum 17 foot by 45 foot must be provided for turnarounds, intersections, and corner to comply with Fire Department Specification #401. c. All roadways which are less than 40 feet wide must be posted as fire lanes and must have no parking areas posted pursuant to Fire Department Specification #415. d. Approximately 29 fire hydrants will be required. e. All units having a gross square footage of 5,000 square feet or greater must have automotive sprinklers installed. f. Units on all "flag" type or other lots which may hinder Fire/Rescue access must be automatic sprinklered unless fire equipment access requirements have been approved by the Fire Department and are provided pursuant to Section 10.203 and Section 10.205 of the 1991 Uniform Fire Code. g. Building address numbers for each unit must meet Fire Department Specification #428. h. Prior to release of building permits, all measures for compliance of oil, methane, and environmental issues must be completed by phase, per Fire Department Specification #422, 429 and 431. 7. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Private open space/view corridors, for that phase, shall be developed and available for homeowner's use at 50 percent occupancy for each phase. PC Minutes - 3/15/94 12 (pcm004) 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. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts. 10. This conditional use permit shall not become effective until Zone Change No. 93-3 has been approved by the City Council and in effect. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14700: 1. The tentative tract dated received March 4, 1994, shall be the approved layout with the following modifications: a. Include the remnant of Clay Street. b. Provide a minimum 15 foot wide landscape easement adjacent to Clay Avenue and Seapoint Street c. Revise layout pursuant to Exhibit "A" and Exhibit "B" (attached) dated March 8, 1994. 2. Public Works requirements are as follows. The following conditions are required to be completed prior to the recordation of the final map unless otherwise stated. If the final maps are phased, then these conditions shall be applied to each map. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. Submit a separate utility plan showing all underground utilities, along with water system improvements including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with all applicable sections of the Uniform Plumbing Code, City ordinances, Public Works standards and Water Division design criteria and Water Division Rules and Regulations for the Use of Reclaimed Water. These plans shall be submitted and approved by the Public Works Water Department and Fire Department prior to any construction. PC Minutes - 3/15/94 13 (p=004) b. Irrigation services shall be provided per the requirements of the Development Agreement and the Holly Seacliff Specific Plan. c. All public water systems shall be located within vehicular travelways in an easement dedicated to the City or as otherwise approved by the Water Operations Manager. The Homeowners Association shall be responsible for the cost and repair of any enhanced pavement if the water facilities require repair or maintenance. d. All public water systems shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Drawings and Specifications. e. A backflow device acceptable to the Water Division shall be installed on each water service, including irrigation services as applicable. All backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. f. Fire hydrant locations shall be approved by the Fire Department prior to submittal of the utility plan to Public Works. All fire hydrant laterals shall be located in a vehicular travelway in an easement dedicated to the City. g. Each water meter shall be sized per the latest edition of the Uniform Plumbing Code. Any residence requiring a type 13-D fire sprinkler system shall have a 2" domestic water service per Standard plan 603-B. Any water service found to be within a driveway shall be removed completely and re -installed at the proper location at no cost to the Water Division. After the plans are approved, if the building plan changes, and, as a result, the water service is found to be sized incorrectly, the service shall be removed completely and replaced with the correct size service at no cost to the Water Division. h. On -street parking, located on curved streets, shall be restricted as necessary to be provide for proper site distance as determined by the City Engineer. i. Sewer systems within private streets shall be owned and maintained by the homeowner's association. j. Interior streets and utilities therein shall be designed and constructed in accordance with the Department of public Works Standards. k. Signing, striping and street lighting shall be designed and constructed in accordance with public Works Standards. PC Minutes - 3/15/94 14 (pcm004) 1. All vehicular access rights to the south side of Clay Avenue shall be released and relinquished to the City of Huntington Beach, except at locations approved by the Planning Commission. m. The engineer or surveyor preparing the final map shall tie the boundary of the map to the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. - n. Then engineer or surveyor preparing the final map shall submit to the County Surveyor a digital graphics file of said map in a manner described in Sections 7-9- " 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. o. A drainage system shall be designed to provide for siltation and erosion control both during and after construction of the proposed project. p. Storm drain facilities, except those draining public streets, shall be privately maintained. q. Hydrology and hydraulic studies shall be submitted for Public Works approval. r. Existing and future utilities shall be installed underground. Underground utility plans shall be submitted to the Department of Public Works for review and approval prior to construction of any underground utilities. s. Sewer and storm drain easement widths shall be in conformance with the County of Orange Design Guidelines, or as approved by the City Engineer. t. All landscaping in common areas shall be completed pursuant to an approved landscape construction set; or a bond may be posted with the Department of Public Works. u. Zone change No. 93-2 shall be approved by the City Council and in effect. 3. At least 60 days prior to recordation of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the homeowner's association (s). PC Minutes - 3/15/94 15 (p=004) CODE REOUIREMENTS: 1. The project shall comply with the Holly-Seacliff Affordable Housing Plan. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 3. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. construction shall be prohibited on Sundays and Federal holidays. 4. Conditional Use Permit No. 93-39, Tentative Tract no. 14700 and Coastal Development Permit No. 93-23 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 Community Development Department a minimum 30 days prior to the expiration date. B-2 USE PERMIT NO. 93-94/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41/SPECIAL SIGN PERMIT NO. 93-16: APPLICANT: Southern California Restaurant Enterprises (Rally's) LOCATION: 17501 Beach Boulevard (southwest corner at Slater Avenue) Use Permit No. 93-94, Conditional Exception (Variance) No. 93-41, and Special Sign Permit No. 93-16 represent a request to establish a drive -through restaurant (Rally's) with outdoor dining area; variances to encroach into the front setback and the sight angle, reduction in required landscape planter width, and eight (8) space parking reduction; special sign permit to allow a freestanding sign, wall signs, menu boards and directional signs and exposed neon tubing. The subject property is located at the southwest corner of Beach Boulevard and Slater Avenue, 17501 Beach Boulevard, and zoned C4, Highway Commercial. STAFF RECOMMENDATION: Staff is recommending denial for the following reasons: 0 Approval of the project will preclude consolidation of an adjacent non conforming parcel. 0 Circulation conflicts may occur both on -site and off -site because of multiple driveways and drive -through exiting patterns. PC Minutes - 3/15/94 16 (p=004) A reduction in landscape planter widths will not provide a high standard of visual quality to Beach Boulevard nor a buffer to reduce traffic impacts from Beach Boulevard onto customers and employees. The freestanding sign is inconsistent with City Council action for a sign for this business at a another location. The Commission discussed with staff the alternative actions of continuance to allow the applicant time to pursue acquisition of the adjacent westerly vacant parcel and/or the modification to the plans to conform with code. THE PUBLIC HEARING WAS OPENED. Dave Bartlett, 6082 Jade, applicant, stated their reasoning for the special request. Mr. Bartlett said that the current code would be impossible to meet with corner properties. He also stated that he would be amenable to reciprocal access if that allowed him to meet code, and the landscape proposed would exceed the code requirement. Dwight Capitani, 108 Orange Street, Suite 8, Redlands, representing applicant, stated that it would not be viable for the applicant to purchase the adjacent property. Larry Woody, 8081 Bolsa, Midway City, spoke in support of the request, but wished to see a decrease in the variances requested. Rudy Van Mil, 17473 Beach Boulevard, adjacent business owner, was in support of the applicant purchasing the adjacent lot in order to proceed with the project by following code requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed continuing this item to allow the applicant and staff to re- examine the plan, and comprise a new one, with less variance requests. A MOTION WAS MADE BY NEWMAN, SECOND BY INGLEE, TO CONTINUE USE PERMIT NO.93-94, CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41 AND SPECIAL SIGN PERMIT NO. 93-16 TO THE APRIL 19, 1994, PLANNING COMMISSION MEETING TO ALLOW THE APPLICANT AND STAFF TO MEET AND COMPRISE A NEW PLAN, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: Gorman ABSENT: None ABSTAIN; None MOTION PASSED PC Minutes - 3/15/94 17 (p=004) 1 B-3 CONDITIONAL USE PERMIT NO. 94-3: APPLICANT Sergio Avila LOCATION: 8082 Adams Avenue Conditional Use Permit No. 94-3 is a request to permit live entertainment and dancing at the El Ranchito Mexican Restaurant at 8082 Adams Avenue. Mr. Sergio Avila, (applicant/property owner) purchased what was formerly the Crazy Burro Restaurant and is now requesting to re-establish the live entertainment and dancing uses. The applicant is proposing live entertainment nightly until 1:30 AM. As a result of numerous noise complaints from concerned residents at the Crazy Burro public hearings, several conditions were imposed in an effort to minimize disturbances to the residences. These conditions included valet parking along the easterly property line, a security guard in the parking lot, and annual reviews. To further mitigate noise impacts generated by the live entertainment, and from patrons leaving the bar and/or loitering in the parking lot, the applicant proposes to install additional landscaping along the easterly property line, both on the restaurant property, and along the Orange County flood channel. The applicant has already received authorization from the County to install the landscaping. Due to a three (3) space parking deficiency, the applicant is proposing the identical valet parking system which was previously approved under Conditional Exception (Variance) No. 91-42. The applicant will restrict the row of parking along the east property line for valet parking only. STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve Conditional Use Permit No. 94- 3 with findings and suggested conditions of approval based upon the following: The use will be compatible with adjoining residential uses based upon the conditions imposed. The use conforms to the goals and policies of the General Plan. The use will not be detrimental to surrounding land uses. PC Minutes - 3/15/94 18 (p=004) THE PUBLIC HEARING WAS OPENED. Sergio Avila, 8082 Adams Avenue, applicant, stated that they would be good neighbors and follow all conditions of approval. Mr. Avila requested an extension of time on the landscaping requirements to six (6) months. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The discussed adding conditions of approval to eliminate the valet parking and adding a uniformed security guard. They also requested a condition for the soundproofing of the windows. A MOTION WAS MADE BY BIDDLE, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO.94-3 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Inglee ABSTAIN; None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.94-3: The establishment, maintenance and operation of the live entertainment and dancing will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the proposed live entertainment and dancing uses will not adversely impact the surrounding residential and commercial properties. 2. The location, site layout, and design of the proposed valet parking, and intensified landscaping to minimize noise impacts to residential properties properly adapts to streets, driveways, and other adjacent structures and uses in a harmonious manner. The live entertainment and dancing will operate out of an existing restaurant, and will comply with all applicable City codes, including Chapter 8.40 Noise Control, of the Huntington Beach Municipal Code. 3. The granting of Conditional Use Permit No. 94-3 will not adversely affect the General Plan of the City of Huntington Beach. The proposed live entertainment and dancing use is consistent with the General Plan land use designation and zoning for the location. PC Minutes - 3/15/94 19 (p=004) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-3: 1. The site plan, floor plans, and elevations received and dated January 18, 1994 shall be the conceptually approved layout. 2. Additional landscaping shall be provided along the easterly property line between the parking lot area and the flood control channel. Said landscaping shall be installed within six (6) months from commencement of the first live entertainment event. Landscaping shall conform to a Landscape Construction Set which must be submitted to and approved by the Departments of Community Development and Public Works. The 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, an approved site plan and a copy of the entitlement conditions of approval. Irrigation demands shall be submitted to insure proper irrigation service sizing. 3. Prior to use of any live entertainment, the applicant shall complete the following: a. Obtain approval of an entertainment permit by the Police Department, and provide a copy to Community Development staff. b. Install sound proof windows near bar area with appropriate building permits. 4. The use shall conform to the following: a. Live entertainment and dancing shall be limited to: Monday -Friday 9:00 PM - 1:30 AM Saturday & Sunday 2:00 PM - 1:30 AM b. Live entertainment may include amplified music and instruments; and shall be limited to the following types of live entertainment: 1. Live bands: 2. Recorded music (with or without DJ), including compact discs; and 3. Karaoke c. All windows and doors shall remain closed during the hours of live entertainment and dancing. PC Minutes - 3/15/94 20 (p=004) d. Two (2) uniformed parking lot security guards shall be on duty to monitor parking, trash and noise from one (1) hour prior to live entertainment until all patrons and employees have left the premises. Should the need for Police Department services increase beyond a level of acceptance to the Police Department or Community Development Department, the applicant shall be responsible for providing additional security guards to monitor indoor and outdoor activities as a result of the live entertainment and dancing uses. 5. The applicant shall work with the adjacent restaurant on a shared valet parking plan if such a request is received. 6. A review of the use shall be conducted within six (6) months of the live entertainment operation to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Municipal and Ordinance Codes. A public hearing may be held should, at any time, there be violations of these conditions or code sections to the extent that such a hearing is deemed necessary by the Police Department or Community Development (Code Enforcement) Department. 7. The Planning Commission reserves the right to amend the conditions or revoke Conditional Use Permit No. 94-3 if any violation of these conditions or the Huntington Beach Municipal or Ordinance Code occurs. 8. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 9. Conditional Use Permit No. 94-3 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. CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. Service roads and fire lands, as determined by the Fire Department, shall be posted and marked. 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. 3. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. PC Minutes - 3/15/94 21 (pcm004) 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. No sweeping or clean-up of the parking lot shall be permitted between 10:00 PM and 7:00 AM. 6. All dancing and stage areas shall be handicap accessible. B-4 CONDITIONAL USE PERMIT NO. 94-5/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-4: APPLICANT The Planning Consortium LOCATION: 15871 Springdale Street (Marina High School) Conditional Use Permit No. 94-5 is a request to permit an existing cellular communication facility with a 110 foot tall monopole and an approximately 485 square foot equipment building, and to allow for an additional maximum of 21 directional cellular antennas, three (3) whip antennas, and three (3) microwave antennas to be mounted on the existing monopole for a maximum height of 126 feet to the highest point. The project also includes Conditional Exception (Variance) No. 94-4 which is a request to exceed the standard height limitation of 40 feet by an additional 86 feet. The facility is located on the north end of Marina High School campus adjacent to the athletic fields. The facility is and will continue to be an unmanned facility with maintenance activities occurring once every four (4) to six (6) weeks. STAFF RECOMMENDATION: Staff recommends that Planning Commission approve Conditional Use Permit No. 94-5 and Conditional Exception (Variance) No. 94-4 with findings and suggested conditions of approval, for the following reasons: The cellular communication tower is compatible with surrounding land uses. The operation of the 126 foot high cellular communications facility will provide for more efficient mobile radio communications for Huntington Beach by improving capacity and performance of the existing system and reducing the number of required sites. The 126 foot high cellular communications facility will not be detrimental to the general welfare of persons residing or working in the vicinity, nor will it generate any noise, traffic or other impacts which would be detrimental to surrounding campus uses. PC Minutes - 3/15/94 22 (p=004) The 126 foot high cellular communications facility is consistent with the goals and policies of the City's General Plan, in that it provides a community facility for the public's health, safety and welfare that will be used as a communication system for use by persons living or working in the City (3.4.2.6). THE PUBLIC HEARING WAS OPENED. Dean Brown, 1111 Town & Country Road #37, Orange, representing applicant gave a brief history of the site. He stated that they were not increasing the monopole height, only the whip antenna. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KERIN, SECOND BY GORMAN, TO APPROVE CONDITIONAL USE PERMIT NO.94-5 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 94-4 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN; None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 94-4: 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, in that the school site is approximately 51 acres in size, enabling the setbacks of the monopole to exceed 700 feet from any residential land use and 1,000 feet from adjacent arterials. 2. The granting of a conditional exception (variance) for a 126 foot high cellular communications facility is necessary in order to preserve the enjoyment of one or more substantial property rights, as the school site is zoned MI -A (Restricted Manufacturing) which is appropriate for communication towers. [1 PC Minutes - 3/15/94 23 (p=004) 3. The granting of Conditional Exception (Variance) No. 94-4 for a 126 foot high cellular communications facility, will not be materially detrimental to the public health, safety and welfare, nor injurious to the conforming improvements in the neighborhood due to the facility's large setbacks from adjacent arterials and residences.. 4. The granting of Conditional Exception (Variance) No. 94-4 for a 126 foot high cellular communications facility is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of IG (General Industrial) because: a. It conserves land resources by providing opportunities for joint participation among all levels of government, private citizens and involved agencies and organizations (2.1.2.1). b. It provides a community facility for the public's health, safety and welfare that will be used as a communication system for use by persons living or working in the City (3.4.2.6). S. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and he will proceed to do so without unnecessary delay. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-5: 1. Conditional Use Permit No. 94-5 for the 126 foot high cellular communications facility is compatible with surrounding land uses because the location, site layout, and design of the proposed 126 foot high cellular communications facility properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. Also, the combination and relationship of this proposed use to others on the school site are properly integrated, as the cellular communications facility is located at the most northern portion of the campus approximately 500 feet from any classroom. 2. The granting of Conditional Use Permit No. 94-5 is consistent with the goals and policies of the City's General Plan, in that it provides a community facility for the public's health, safety and welfare that will be used as a communication system for use by persons living or working in the City (3.4.2.6) 3. The access to and parking for the proposed cellular communications facility does not create an undue traffic problem. 4. Conditional Use Permit No. 94-5 for the operation of the 126 foot high cellular communications facility with a maximum of 21 directional cellular antennas, 3 whip antennas and 3 microwave antennas will provide for more efficient mobile radio communications for the Huntington Beach and Los Angeles Metropolitan areas by improving capacity and performance of the existing system and reducing the number of required sites. PC Minutes - 3/15/94 24 (p=004) 5. The establishment, maintenance and operation of the 126 foot cellular communications facility will not be detrimental to the general welfare of persons residing or working in the vicinity, nor to property and improvements in the vicinity. In addition, the cellular communications facility will not generate any noise, traffic or other impacts which would be detrimental to surrounding campus uses. 6. The cellular communications facility's broadcasting frequencies will not interfere with television, radio, emergency public service transmissions, cordless telephones, ham operators or other assigned Federal Communications Commission (FCC) frequencies. In addition, cellular transmissions do not interfere with other electrical devices such as pacemakers, wire line telephones or other household appliances. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-5/ CONDITIONAL EXCEPTION (VARIANCE) NO. 94-4: 1. The site plan, floor plans and elevations received and dated January 24, 1994, shall be the conceptually approved layout with the following modifications: a. The monopole shall be painted a light blue color to more favorably blend with the sky. b. Safety flashing lights shall be placed on the highest point of the monopole in accordance with FAA requirements. 2. Building permits, if deemed necessary by the Building Division, shall be obtained within 60 days from date of approval for the existing monopole and cellular communications building. The permits shall be finaled within 90 days. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. 4. Prior to installation of any antenna on the monopole, the Planning Division shall review and approve the size, location and color of the antenna, and building permit, if applicable, shall be issued. The Planning Commission reserves the right to revoke this conditional use permit and conditional exception if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. 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; and until the ten day appeal period has elapsed. PC Minutes - 3/15/94 25 (pcm004) L 7. This conditional use permit and conditional exception 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. CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and Standards. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 19. 1994: A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 19, 1994, BY THE FOLLOWING VOTE: AYES: Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN; Kerins MOTION PASSED PC Minutes - 3/15/94 26 (p=004) D. NON-PUBLIC HEARING ITEMS D-1 USE PERMIT NO.93-31 - SIX (6) MONTH REVIEW (TAXI TAXI NEWSSTAND): APPLICANT: City of Huntington Beach LOCATION: 300 Pacific Coast Highway, STE IOTA (Pierside Pavilion) Use Permit No. 93-31 was a request to establish an unenclosed newsstand on the west side of the Pierside Pavilion building located at 300 Pacific Coast Highway. A total of six conditions were imposed on the project to ensure that the newsstand aesthetically and safely accommodated the downtown. Taxi Taxi News has complied with the four (4) action item conditions, and staff has provided a short compliance description after each of the four (4) conditions. Lastly, it should be noted that code enforcement records reveal there to be no complaints recorded since the approval of the Taxi Taxi Newsstand entitlement, and code enforcement staff has observed the newsstand to be continually maintained in a neat and orderly manner. STAFF RECOMIl iNDATION: Staff recommends that the Planning Commission accept the six (6) month review of Use Permit No. 93-31. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO ACCEPT THE SIX (6) MONTH REVIEW OF USE PERMIT NO. 93-31, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN; None MOTION PASSED PC Minutes - 3/15/94 27 (p=004) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Gorman - gave a presentation on the Planning Commission institute that he attended. F. COMMUNITY DEVELOPMENT ITEMS Scott Hess, Senior Planner, gave a report on Planning Commission Inquiry No. 94-4, regarding the trash enclosure requirement (Condition No. 6) of a use permit approved for outdoor dining at Niccole's Ristorante. He indicated the business owner was requesting a two (2) month extension on this condition. The Planning Commission determined that because the condition was imposed during a public hearing on the use permit request for outdoor dining, they could not consider or approve the two (2) month extension request without holding a public hearing. Staff indicated they would advise the business owner. G. ADJOURNMENT A MOTION WAS MADE AT 10:15 PM BY DETTLOFF, SECOND BY KERINS , TO ADJOURN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, TUESDAY, APRIL 5, 1994, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Dettloff, Richardson„ Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED /kjl APPROVED BY: oward 2W9s , S etary Planning mmission Chairper PC Minutes - 3/15/94 28 (p=004)