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HomeMy WebLinkAbout1995-02-28MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 28, 1995 SCHOOL FEES AGENDA REVIEW 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: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker 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 LIVENGOOD, SECOND BY BIDDLE, TO MOVE ITEM B-5 TO THE FRONT OF THE AGENDA BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PLEASE NOTE THAT THE MINUTES WILL REFLECT ACTIONS IN THERE SCHEDULED ORDER B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO.95-1 REVISIONS TO THE RESIDENTIAL INFILL ORDINANCE: APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: City Wide Transmitted for your consideration is Code Amendment no. 95-1, a request to amend the Zoning and Subdivision Ordinance pertaining to residential infll development. Included for your review are two (2) ordinances; Ordinance No. 1 is the staffs recommendation and Ordinance No. 2 is the Infill Committee's recommendation. A legislative draft and a matrix have been included to help clarify the main issues. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 95-1 with Findings (Ordinance No. 1 - Staff Proposal). THE PUBLIC HEARING WAS OPENED. Jeff Metzel, 19391 Shady Harbor Circle, member of Residential Infill Development Subcommittee, gave a brief history of the origination of the Infill Committee and Ordinance. He stated that residents were concerned about visual compatibility with the surrounding properties. Mr. Metzel stated that the substance of the residents concern had been present in the Emergency Infill Ordinance, but felt that the definition had been lost in the current proposed ordinance. Mr. Metzel requested that the notification procedure time for an infll proposal be extended in order to notify adjacent property owners, and allow time for them to make comments, prior to the plan check. He also requested a discretionary review cycle by the contiguous property owner. Jay Fowler, 19762 Sea Canyon Circle, member of Residential Infill Development Subcommittee, supports the previous speaker's position. He also stated the intent of the Infill Ordinance was to allow adjacent property owners to be good neighbors. Nick Tomaino, 6812 Scenic Bay Lane, supports the Subcommittee's position on the point of contiguous neighbors right to appeal. Mr. Tomaino stated that the cost of an appeal would eliminate people that were not serious. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 2/28/95 2 (PCM024) Discussion ensued regarding the definitions of the Infill Committee's recommendations and stafF s recommendation. A series of straw votes were taken as follows: A motion was made by Livengood, second by Kerins' to support Subcommittee's recommendation regarding 230.22.1, Infill Definition. Motion passed 4-3 (Gorman, Tillotson, Speaker voting no). A motion was made by Kerins, second by Biddle, to accept Subcommittee's and Stab's mutual recommendation regarding 230.22.1, Infill Lot Design Considerations. Motion passed 7-0. A motion was made by Livengood, second by Biddle, to approve an overall approach of discretionary review within the ordinance. Motion passed 4-3 )Gorman, Tillotson, Speaker voting no). A motion was made by Kerins, second by Speaker, to accept staffs recommendation regarding 230.22.1.C. Pad Height. Motion passed 7-0. A motion was made by Tillotson, second by Speaker, to accept staffs recommendation regarding 230.22.1.D.E. Public Notification Requirements. Motion passed 4-3 (Kerins, Biddle, Livengood voting no). A motion was made by Livengood, second by Biddle, to amend the previous motion regarding 230.22.1.D.E. Public Notification Requirements to include a 10 working day notification prior to submittal for plan check, elimination of submittal to the Community Development Director, and 10 days after date of mailing notification and comment deadline. Motion failed 3-4 (Gorman, Inglee, Tillotson, Speaker voting no). A MOTION WAS MADE BY ]KERINS, SECOND BY BIDDLE, TO CONTINUE CODE AMENDMENT NO.95-1 TO A DATE UNCERTAIN AND DIRECT STAFF TO PREPARE AN ORDINANCE AND LEGISLATIVE DRAFT INCORPORATING THE STRAW VOTES, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/28/95 3 (PCM024) B-2 CODE AMENDMENT NO.93-1/NEGATIVE DECLARATION NO. 92-39 (CONTINUED FROM THE JANUARY 24, 1995 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach, Community Services Department, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: The property is centrally located in the Ellis -Golden West Quartersection, generally at the terminus of Saddleback and Quarterhorse Lanes. The Quartersection is bounded by Edwards St., Golden West St., Ellis Ave., and Garfield Ave. Code Amendment No. 93-1 and Negative Declaration No. 92-39 is a request to amend the Ellis -Golden West Specific Plan for the purpose of designating a three to five acre neighborhood park. The code amendment was continued from the January 24, 1995 Planning Commission meeting to allow staff to re-evaluate the intent of the proposed ordinance and to revise the draft ordinance. The revised draft ordinance will amend Section III, Community Theme (Pages 14-19), of the Ellis -Golden West Specific Plan to include a new category (No. 6) for neighborhood parks and reference the Open Space exhibit (No. 8, Page 18) depicting the location of the neighborhood park. The proposed code amendment is to designate a site for the exclusive use as a neighborhood park. STAFF RECOMMENDATION: Staff recommends approval of the proposed code amendment because the designation of a three to five acre neighborhood park that is centrally located (Site A on attached vicinity map) in the Ellis -Golden West Quartersection will meet the goals and policies of the Recreation Element of the City's General Plan. In addition, the neighborhood park designation will meet the goals and policies of the master plan of development for the Holly/Seacliffarea as established in General Plan Amendment No. 89-1 and Environmental Impact Report No. 89-1 adopted January 8, 1990. THE PUBLIC HEARING WAS OPENED. Carrie Thomas, 6642 Trotter Drive, President, Country View Homeowners' Association, stated her support for the proposed request. Julie Whittington, 6592 Trotter Drive, stated her support for the proposed request. Randy Gall, 6846 Corral circle, spoke in support of the proposed request. PC Minutes - 2/28/95 4 (PCM024) Gail Wendland, 6591 Trotter Drive, spoke in support of the proposed request. Barbara Biggins-Bountour, 6621 Trotter Drive, spoke in support of the proposed request. Larry Geisse, 6811 Corral Circle, spoke in support of the proposed request. Gerald Chapman, 6742 Shire Circle, spoke in support of the proposed request. Peter O'Neill, 6602 Trotter Drive, spoke in support of the proposed request. Geri Hill, 6722 Shetland, spoke in support of the proposed request. Cathy McGough, 6812 Corral Circle, spoke in support of the proposed request. Richard Harlow, 211 Main Street, representing Brindle and Thomas who own property within the proposed park site area, stated his clients opposition to the park site location (Site A). He stated the code amendment designating this site would negatively impact Mr. Brindle's land rights. Amanda Gall, 6846 Corral Circle, spoke in support of the proposed request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed with staff the proposed site and the alternative sites depicted in the staff report. Some Commissioners were concerned with the safety of children at the proposed sites location because of a road going through the park and the presence of oil wells. A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO APPROVE CODE AMENDMENT NO. 93-1 BASED ON FINDINGS AND FORWARD TO CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Biddle, Inglee, Kerins NOES: Livengood, Gorman, Tillotson, Speaker ABSENT: None ABSTAIN: None MOTION FAILED The majority of the Commission felt that an alternative site would be better. They requested staff to bring back an in-depth analysis of three (3) alternative sites, as well as, the proposed site with a history and planning information of each. PC Minutes - 2/28/95 5 (PCM024) A MOTION WAS MADE BY GORMAN, SECOND BY TILLOTSON, TO CONTINUE FOR 60 DAYS TO THE MAY 9, 1995 PC MEETING, IN ORDER TO FURTHER ANALYZE ALTERNATE PARK SITES, BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Kerins, Tillotson, Speaker NOES: Biddle, Livengood ABSENT: None ABSTAIN: None MOTION PASSED B-3a CODE AMENDMENT NO. 94-5/NEGATIVE DECLARATION NO.94-21: APPLICANT: Centerstone Development Company, 151 Kalmus Drive, Suite J-7, Costa Mesa, California 92626 LOCATION: East side of Beach Boulevard, 400 feet south of Adams Avenue Code Amendment No. 94-5 represents a request to amend the Seabridge Specific Plan to allow Medium Density residential development on 3.95 acres within Area B currently designated for Resource Production (01), to create development standards for detached dwellings, to delete the saltwater marsh requirement and delete the requirement that the area be deeded to the Homeowner's Association.. The code amendment is in conjunction with a 30 lot subdivision for a planned unit development, consisting of 30 single family residential detached units. The detailed subdivision and proposed residential development has been submitted under separate cover. STAFF RECOMMENDATION: Staff recommends approval of the code amendment to amend the Seabridge Specific Plan with the requirement that vehicular access be provided to the property to the south for the following reasons: The code amendment is consistent with the objectives of the Seabridge Specific Plan and the Planned Unit Development concept of the code in allowing for a development that has an integrated design and that adapts to the terrain and compatibility of the surrounding environment; and is consistent with the Housing Element, and Scenic Highways Element of the General Plan. PC Minutes - 2/28/95 6 (PCM024) The code amendment will provide the opportunity for better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, perimeter walls, site layout and design. In addition, the code amendment will provide an opportunity for the aesthetic improvement and proper maintenance of the vacant, non -maintained four acre site. The negative declaration adequately addresses the potential impacts of the project proposal. The analysis indicates that based upon the mitigation measures, the proposed project will not have any adverse environmental effects. The saltwater marsh is no longer necessary for mitigation purposes since mitigation has occurred off -site. The changes to density and open space do not impact the requirements for the Seabridge project. One accessway to the residential project, especially from Beach Blvd., limits egress and ingress opportunities and is undesirable. A secondary accessway through the property to the south would enable a property owner optional access to the intersection of Memphis and Beach which is planned to be signalized. THE PUBLIC HEARING WAS OPENED FOR ITEMS B-3a AND B-3b. Kirk Evans, 151 Kalmus Drive, J-6, Costa Mesa, representing applicant, stated that they agreed with stasis report, with the exception of access conditions. Tony Petros, LSA Associates, 1 Park Plaza, Suite 500, Irvine, traffic engineer for the project, stated that the applicant's proposed access request provides adequate circulation and the safest design. Richard Landes, 20042 Beach Boulevard, adjacent building owner, stated his concern with the reciprocal access. Mr. Landes stated that this access would impose on future office uses. He also stated that the proposed wall would create a negative visual impact to the office buildings and requested adequate landscaping and maintenance to mitigate this problem. Thomas R. Saltarelli, General Counsel Seabridge Homeowners' Association, 4350 Von Karman Avenue, spoke in support of the request. He stated that his support was contingent upon the ingress and egress being separate from the Seabridge area, as the impact to that community could not be justified. Teddi Penewell, 20152 Bayfront Lane, #203, adjacent Seabridge resident, spoke in support of the request. Eric Opdahl, 20092 Bayfront Lane, #105, adjacent Seabridge resident, spoke in support of the request. Jerry Buchanan, 20451 Craimer Lane, Huntington Beach School District, stated the District felt there was inadequate mitigation fees for the School District. Mr. Buchanan requested a 30 day continuance in order to be able to discuss this issue with the applicant. PC Minutes - 2/28/95 7 (PCM024) Patricia Koch, Huntington Beach Union High School District, 10251 Yorktown, agreed with the previous speakers position and stated that a comprehensive plan for school mitigation fees must be established. Dorothy Brann, 20251 Sealpoint Circle, #103, adjacent Seabridge resident, spoke in support of the request, contingent upon vehicular access not be allowed into the Seabridge development. Gerda Hayes, 20251 Sealpoint Circle, #101, adjacent Seabridge resident, 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. The Commission agreed the vehicular accessway should not be required either to the north or into the Seabridge development, and the school fee mitigation issues should be resolved at a different level. A MOTION WAS MADE BY LIVENGOOD, SECOND BY TILLOTSON, TO APPROVE NEGATIVE DECLARATION NO.94-21, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Tillotson, Speaker NOES: Kerins ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE CODE AMENDMENT NO.94-5 WITH FINDINGS AND MODIFICATIONS TO THE ORDINANCE AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/28/95 8 (PCM024) FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 94-5: 1. The code amendment to allow medium density residential development on 3.95 acres within Area B designated for Resource Production (01), to create development standards for detached dwellings, to delete the saltwater marsh requirement and delete the requirement that the area be deeded to the Homeowner's Association is consistent with the objectives of the Seabridge Specific Plan and the Planned Unit Development concept of the code in allowing for a development that has an integrated design and that adapts to the terrain and compatibility of the surrounding environment. 2. The proposed code amendment to change the land use designation from Resource Production (01) to Medium Density Residential within Area B (approximately 4 acres) of the Seabridge Specific Plan does conform with the Planned Community land use designation of the City's General Plan, in that the code amendment would allow for development which would enhance and integrate with the surrounding Seabridge planned community. 3. The proposed code amendment from Resource Production (01) to Medium Density Residential is consistent with the surrounding medium density residential land uses, because the medium density residential land use designation would allow for residential development which is medium density as well. 4. The proposed code amendment to change the land use designation from Resource Production (01) to Medium Density Residential is consistent with the Planned Community land use designation, the Housing Element, and Scenic Highways Element of the General Plan by increasing the opportunity for a variety of housing types in the community, and maintaining the landscaping corridor provisions. Modification to Ordinance: A. Section 0.6. Area B-2-(b) l . revised to read as follows: 1. Interior side setback -ten (10%) percent of lot width but not less than three (3) feet and need not exceed four (4) feet. B-3b TENTATIVE TRACT MAP NO. 15109/CONDITIONAL USE PERMIT NO. 94-40: APPLICANT: Centerstone Development Company, 151 Kalmus Drive, Suite J-7, Costa Mesa, California 92626 LOCATION: East side of Beach Boulevard, 400 feet south of Adams Avenue PC Minutes - 2/28/95 9 (PCM024) 0 Tentative Tract No. 15109 and Conditional Use Permit No. 94-40 represent a request for a 30 lot subdivision for a planned unit development, consisting of 30 single family residential detached units. The conditional use permit also includes retaining walls which exceed two (2) feet in height and development of lots with a greater than three (3) foot grade differentiation from the high point to the low point. STAFF RECOMMENDATION: Staff is recommending approval of the project with the requirement that an accessway be provided to the southerly parcel for the following reasons: The project is consistent with the objectives of the planned residential development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. The project provides better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. One accessway to the residential project, especially from Beach Blvd., limits egress and ingress opportunities and is undesirable. A secondary accessway through the property to the south would enable a property owner optional access to the intersection of Memphis and Beach which is planned to be signalized. The negative declaration adequately addresses the potential impacts of the project proposal. The analysis indicates that based upon the mitigation measures, the proposed project will not have any adverse environmental effects. There will be adequate buffers and walls to mitigate any noise impacts. The project will not be detrimental to the general health, welfare, and safety, nor detrimental or injurious to the value of property and improvements of the neighborhood of the City in general. The proposed project is consistent with the Planned Community land use designation, the Housing Element, and Scenic Highways Element of the General Plan by increasing the opportunity for a variety of housing types in the community and maintaining the landscaping corridor provisions. Please note the puhlic hearing and Commission discussion for this item was opened and held with Item Bea. PC Minutes - 2/28/95 10 (PCM024) A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE TENTATIVE TRACT MAP NO. 15109 AND CONDITIONAL USE PERMIT NO. 94-40 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 15109: 1. The size, depth, and frontage of the proposed 30 lot subdivision for 30 single family detached residential units is 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. Area B within the Seabridge Specific Plan was previously studied for this intensity of land use at the time the General Plan designation of Planned Community was implemented. The proposed medium density residential designation (15 units per gross acre) would allow for the proposed thirty unit project at a density of 7.5 units per acre. 3. The General Plan has set forth provisions for multi family residential uses as well as setting forth objectives for the implementation of this type of use. 4. Tentative Tract Map No. 15109 for a 30 lot subdivision for 30 single family detached residential units, is consistent with the goals and policies of the Huntington Beach General Plan. The proposed project is consistent with the Planned Community land use designation of the General Plan. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.94-40: 1. The location, site layout, and design of the proposed 30 single family detached residential units, properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The project's design includes setbacks and building bulk is compatible with the design of the existing developments within the Seabridge Specific Plan area. PC Minutes - 2/28/95 11 (PCM024) 2. With the suggested conditions imposed, the access to and parking for the proposed residential development will not create an undue traffic problem on the arterial highway directly to the west of the project. The gated entry will facilitate the site's ingress and egress traffic without impeding through traffic along the arterial. 3. The planned residential development for 30 single family detached residential units does conform to the provisions contained in Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance. 4. The proposed project will not be detrimental to the general welfare of persons residing or working in the vicinity, nor injurious to property and improvements in the area. The 30 unit residential project will function as a compatible residential project. 5. The proposed project will not adversely affect the General Plan of the City of Huntington Beach. The proposed development of 30 single family detached residential units, is consistent with the Planned Community land use designation of the General Plan. 6. The three and a half (3 1/2) foot high retaining walls on the exterior property lines, which exceeds the code requirement of two (2) feet in height, and the development of the site with a grade differential of 18 feet between the high point and the low point, which exceeds the code requirement of a 3 foot high maximum grade differential between the high point and the low point, will result in a better living environment and a design that is compatible with the surrounding area and will provide for maximum use of aesthetically pleasing types of landscaping, design and building layout. 7. The three and a half (3 1/2) foot high retaining walls along the exterior property lines and development of the site with an 18 foot grade differential between the high point and the low point, will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. The three and a half (3 1/2) foot high retaining walls along the exterior property lines and development of the site with an 18 foot grade differential between the high point and the low point, are consistent with the objectives of the Planned Community standards in achieving a development which is integrated with and compatible with the surrounding environment. PC Minutes - 2/28/95 12 (PCM024) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-40: 1. The site plan, floor plans, and elevations received and dated February 21, 1995, shall be the conceptually approved layout, with the following modifications: a. The rear building elevations of lots along Beach Boulevard shall have architectural upgrades such as window treatments, as well as wood siding along the entire length of the second floor of each unit, to enhance the aesthetics of the project along the Beach Boulevard perimeter; b. The rear building elevations of lots abutting the multi -family residential development to the south of the property shall have architectural upgrades such as window treatments; and, c. The eight foot high block wall (measured from the project side of the property) located along the northern property line of the project shall have a decorative band located along the entire length of the upper portion of the wall or some other decorative feature approved by the Community Development Department in order to soften the appearance of the concrete block wall. 2. Any future additions to the single family residential units shall be restricted to the standards contained in this report and the Specific Plan. 3. All fencing over 42" in height shall conform to the setback standards for buildings contained in the Specific Plan. Fences up to 42" inches high may be permitted in the front setback area provided they are setback a minimum of three (3) feet from behind the sidewalk or a minimum of five (5) feet from the back of the curb, whichever is greater. a. Perimeter walls may be up to eight (8) feet in height unless noted herein. Double walls shall be prohibited except that such double wall may be acceptable along the southern property line only if: 1) The Homeowners' Association absolutely disallows the removal of the existing wall; and 2) The new wall does not create a greater than six (6) inch gap from the existing wall. PC Minutcs - 2/28/95 13 (PCM024) C 4. Prior to submittal for building permits, the following shall be completed: a. 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. The markings, indicating the size, model number and serial number shall be visible on the back flow devices (BD). b. 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 (BD). c. 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 (BD). d. Elevations shall depict colors and building materials proposed, be consistent with Condition No. 1 herein and be subject to Design Review Board approval.. e. 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. f. The developer shall install an on -site lighting system on all vehicular access ways, within unenclosed parking areas, and along all major walkways. A lighting plan shall be submitted for approval to the Director of Community Development. g. The conditions of approval shall be printed verbatim on the cover sheet of all plans submitted for plan check. 5. 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 PC Minutes - 2/28/95 14 (PCM024) landscape plans shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that require removal 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. "Drought tolerant" plants and turf shall be used for all landscaping (PW). b. All structures on the subject property, whether attached or detached, shall be constructed in compliance to the State's acoustical standards. Evidence of compliance shall consist of a noise study or acoustical analysis report, which includes evidence of adequate sound attenuation to comply with the City's Noise Ordinance and State standards. Such study shall include noise attenuation measures such as setbacks, soundwalls, insulation and landscape buffers for the residential development, and shall be submitted to the Community Development Department for review and approval. All windows shall be double pane for noise attenuation purposes. c. A grading plan shall be submitted to the Department of Public Works 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 (PW). d. The final map shall be accepted by the City Council, recorded with the County Recorder and a reproducible copy of the recorded map filed with the Department of Public Works (PW). e. The configuration of the proposed security gate shall be subject to approval of the Public Works, Police, Community Development and Fire Departments. A "statement of architecture" should be incorporated to highlight the theme of the development. Said gated entryway shall comply with Fire Department Standard 403 and the following shall be provided: 1. Calculations signed by a qualified registered traffic or civil engineer which demonstrates that the stacking distance from the public right-of-way to the security gate is adequate for storing all waiting cars on site during the weekday evening peak hour (PW); and, 2. Geometric design that permits a complete turn around to exit by a standard SU-30 Design Vehicle if entry into the complex is denied. Specifically, the design vehicle shall be able to enter the site and return to the public street without backing into vehicles entering or exiting the secured area (PW). PC Minutes - 2/28/95 15 (PCM024) f] f. A plan shall be submitted showing water system improvements including service connections to each unit; back flow devices and other appurtenances shall be in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and Fire Department prior to construction. g. Landscape irrigation system shall be designed and constructed to include a separate water service connections from domestic service connections. The developer shall submit irrigation demands to ensure proper irrigation sizing. h. 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 contractors, construction workers, etc., during the project's construction phase. i. Code Amendment No. 94-5 shall be approved by the City Council and in effect. j. A method to fill in the gap between the southerly end of the east property line and an existing retaining wall on the Orange County Flood Control Channel property shall be identified on the plan and subject to Community Development Department and OCEMA approval. k. A plan to remove the vehicle bridge and dilapidated pedestrian bridge crossing the flood control channel immediately to the east of the project shall be submitted to the Community Development Department for review and approval. Such plan shall be subject to OCEMA approval. 6. Prior to issuance of grading permits the following shall be completed: a. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot (PW). c. A landscape plan and an irrigation plan shall be submitted to the Department of Public Works for review and approval (PW). d. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets and utilities (PW). PC Minutes - 2/28/95 16 (PCM024) 7. Fire Department requirements are as follows: a. Electronic gates at the main entrance off Beach Boulevard shall comply with Fire Department Specification No. 403. Such gates shall be a minimum 24 feet in width. b. All roadways shall comply with City Specification #401. Minimum roadway width shall be 24 feet. All turns and turnarounds in the roadways must be capable of providing a 17' x 45" radius turn for fire apparatus. These roadways must be marked and posted as fire lanes to comply with City Specification #415. c. Street names shall be submitted to the Fire Department and comply with City Specification 4409. d. Five (5) fire hydrants will be required for the project. They shall be installed in locations approved by the Fire Department. e. The project shall comply with all provisions of the Huntington Beach Fore Code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. f. The project shall comply with all provisions of City Specification #429 for new construction within the methane gas overlay district. g. Water mains and fire hydrants shall be installed and in service prior to any combustible construction. h. All roadways shall be completed to the base course of asphalt prior to any combustible construction. i. All buildings not within 150 feet of the property line on flag lots where fire department access is inadequate, or buildings larger than 5,000 gross square feet, shall have automatic fire sprinklers installed with a 2 inch water service. 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 (BD). 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 (BD): b. Wet down areas in the late morning and after work is completed for the day (BD); PC Minutes - 2/28/95 17 (PCM024) c. Use low sulfur fuel (.05%) by weight) for construction equipment (BD); d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) (BD); e. Discontinue construction during second stage smog alerts (BD). 10. Prior to final building permit inspection approval for the first unit, 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. c. Prior to final inspection of the first unit, the applicant shall obtain a "Letter of Map Amendment" from the Federal Emergency Management Agency for the entire project (BD). d. Prior to final inspection of the first unit, 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. Models may be exempted from this condition by the Director of Community Development (PW). 11. Conditional Use Permit No. 94-40 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time as may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 12. All applicable conditions of Negative Declaration No. 94-21 shall be complied with. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 15109: The tentative tract map received and dated February 16, 1995 shall be the approved layout. 2. The following conditions are required to be completed prior to recordation of the final map, unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: PC Minutes - 2/28/95 18 (PCM024) a. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with applicable provisions of the Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department (PW). b. Each proposed building shall have a separate water service per Water Division Standard Plans (PW). c. The water system shall be designed per the City if Huntington Beach Water Division's design criteria, and shall be installed per the City of Huntington Beach Water Division's Standard Plans and Specifications (PW). d. The water system shall be located within vehicle travel -ways in an easement dedicated to the City. The developer shall be responsible for repairing enhanced pavement if the water mains or appurtenances require repair or maintenance (PW). e. Fire hydrant locations shall be approved by the Fire Department. Fire hydrant laterals shall be located within vehicular travel -ways (PW). f. A two (2) foot easement for pedestrian purposes located behind the private street sidewalks shall be recorded concurrently with the final map (PW). g. Street lights shall be installed on Beach Boulevard per Public Works Specifications (PW). h. Sidewalk width on Beach Boulevard shall be thirteen (13) feet (PW). i. The following dedications shall be required (PW): 1. Access rights in, over, access, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system; 2. An easement over the private streets for police and fire department access purposes; 3. The water system and appurtenances as shown on the improvement plans for this tract; and, 4. A 2.00 foot public utility easement located on either side of the private streets. PC Minutes - 2/28/95 19 (PCM024) j. The sewer system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. k. The new storm drain system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. 1. All vehicular access rights to Beach Boulevard shall be released and relinquished to the City of Huntington Beach except at private street intersections (PW). m. Hydrology and hydraulic studies shall be submitted for Public Works review and approval (PW). n. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development (PW). o. The developer shall use "drought tolerant" plants and turf for all common area landscaping (PW). p. All common area improvements, including landscaping, streets, and recreational facilities, shall be completed, or a cash bond may be posted with the Department of Public Works, or State Department of Real Estate, which will guarantee the completion of the common area improvements. q. The engineer or surveyor preparing the final map shall tie the boundary of the map into 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 (PW). r. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of the final map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange Subdivision manual, Subarticle 18 (PW). s. The existing turnout and curb cut on Beach Boulevard shall be removed per Cal -Trans and Traffic Engineer requirements (PW). t. Lots "A" and `B" on Beach Boulevard shall be maintained by the Homeowners Association (PW). PC Minutes - 2/28/95 20 (PCM024) u. The applicant shall submit an affordable housing plan which provides for 10% of the total units (equal mix of 3 units) approved to be affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction or available to the public prior to final building permit for the homes in Conditional Use Permit No. 94-40. The plan shall include, but is not limited to: 1. Build affordable units at an alternative location which is under control of the applicant. All units shall be constructed prior to or concurrent with the primary project and final approval of the project shall be contingent upon completion and final approval of the affordable units. 2. Rehabilitate existing units and ensure long term affordability. 3. Preserve existing affordable units for the long term (30 years). 4. Other options which generate new opportunities for low and moderate affordable housing units for thirty (30) years. 5. In lieu fees may be paid only if an affordable housing ordinance is adopted and a resolution for in -lieu fees is adopted prior to recordation of the final tract map. v. Code Amendment No. 94-5 must be approved by the City Council and in effect. 3. At least 60 days prior to recordation of the parcel map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&R's shall also include Conditions of Approval 92 and #3 of Conditional Use Permit No. 94-40. The CC&R's must be in recordable form prior to recordation of the map. 4. All applicable conditions of Negative Declaration No. 94-21 shall be complied with. CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid (PW). 2. All applicable local, State and Federal Fire Codes, Ordinances, and standards shall be met. PC Minutes - 2/28/95 21 (PCM024) 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15109, and Conditional Use Permit No. 94-40 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. Payment of the Traffic Impact Fees shall be made prior to the final inspection of the first unit (PW). 6. Park and Recreation Fees shall be paid at the time the final map is accepted by City Council or issuance of any building permits, whichever occurs first (BD). 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays (BD) An encroachment permit shall be required for all work within the public right-of-way ('W)• 9. A Cal -Trans permit shall be required for all work within Beach Boulevard (PW). A MOTION WAS MADE BY INGLEE, SECOND BY GORMAN, TO CONTINUE HEARING PUBLIC HEARING ITEMS PAST THE 11:00 PM HOUR, ACCORDING TO PLANNING COMMISSION BY-LAWS, BY THE FOLLOWING VOTE: AYES: Biddle Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-4 SITE PLAN AMENDMENT NO. 94-4: APPLICANT: LOCATION: Side by Side, 16091 Gothard Street, Huntington Beach, CA 92647 16131 Gothard Street (south of Edinger Avenue) PC Minutes - 2/28/95 22 (PCM024) Site Plan Amendment No. 94-4 is a request to utilize an off -site parking area for overflow parking from Side by Side, a skating complex. The subject parking area would replace one that was previously approved by the Planning Commission but is no longer available for use by Side by Side. The proposed parking lot will provide sufficient parking for live entertainment and/or dancing activities, and internal circulation will be provided between the two properties with an access aisle to minimize circulation conflicts on Gothard Street. Staff recommends that the lot be available for use by Side by Side seven (7) nights per week, however, the applicant is only proposing Friday and Saturday evenings. Staff further recommends that the applicant comply with a previous condition of approval to provide a trip generation study within three (3) months. STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve the site plan amendment with conditions based on the following: • The revision to the previously approved site plan does not constitute a substantial change in the project. The proposed off -site parking lot is immediately adjacent to the Side by Side property as was the previously approved parking lot and is larger in size. • The use of the subject property as primarily an industrial office complex will remain the same. Side by Side will only use the off -site parking lot in the evenings between the hours of 6:00 p.m. and 2:00 a.m. • The revision which includes more overflow parking for Side by Side results in an improved development because there is less likely to be parking conflicts for Side by Side patrons. THE PUBLIC HEARING WAS OPENED. Dave Bartlett, 6082 Jade Circle, representing applicant, stated concern regarding Conditions No. 1, 2 and 4. The applicant would prefer to have access between the two properties. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the access through the fence to adjacent property. The Commission supported the deletion of Conditions No. 1 and 2 but were not in favor of access through the fence to the adjacent properties. PC Minutes - 2/28/95 23 (PCM024) A MOTION WAS MADE BY GORMAN, SECOND BY LIVENGOOD, TO APPROVE SITE PLAN AMENDMENT NO.94-4 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins NOES: Tillotson, Speaker ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SITE PLAN AMENDMENT NO. 94-4: The revision to the previously approved site plan for Conditional Use Permit No. 94- 18/Conditional Exception No. 94-19 which includes a change in the location of off -site parking facilities by Site Plan Amendment No. 94-4 does not constitute a substantial change. The proposed off -site parking lot is immediately adjacent to the Side by Side property as was the previously approved parking lot and is larger in size. 2. The use of property as primarily an industrial office complex will remain the same. Side by Side will only use the off -site parking lot in the evenings between the hours of 6:00 p.m. and 2:00 a.m. 3. The revision which includes more overflow parking for Side by Side results in an improved development because there is less likely to be parking conflicts for Side by Side patrons. 4. The revision complies with all applicable provisions of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL - SITE PLAN AMENDMENT NO. 94-4: The site plan received and dated January 23, 1995 shall be the conceptually approved layout. 2. Prior to use of the party room for live entertainment, dancing or bingo, the applicant shall complete the following: a. Provide security lighting in subject off -site parking lot during the hours of use by Side by Side. (PW) b. Submit copy of revised parking agreement between subject property and adjacent southerly parcel which includes a clause that the City be notified if the agreement is terminated by either party within 48 hours of the termination. PC Minutes - 2/28/95 24 (PCM024) 3. Live entertainment and/or dancing will be restricted to the evenings and times of the agreement between Side by Side and Freeway Industrial Park. (CD) 4. The applicant shall comply with Condition No. 6.a of Conditional Use Permit No. 94- 18. The completed study shall be submitted to the Department of Community Development no less than three months from date of this Planning Commission action. (CD) 5. Applicant shall continue to abide by all former conditions of approval except condition No. 2.b. of Conditional Use Permit No. 94-18 and Conditional Exception No. 94-19 pertaining to the restriping of the parking lot to the north. CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. construction shall be prohibited Sundays and Federal holidays. B-5 REVIEW OF THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT NO. 90-1 ANNUAL COMPLIANCE REPORT: APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Holly Seacliff Specific Plan Area The Holly Seacliff Development Agreement No. 90-1 requires Seacliff Partners to prepare an annual monitoring report and staff to prepare a compliance report both of which evaluate the annual progress associated with required improvements in the Holly Seacliff area. Staff has reviewed the 1994 annual monitoring report prepared by Seacliff Partners and has determined that the developer has complied with all germane requirements of the development agreement. Staff has prepared a compliance report which is included in this report. STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept the 1994 compliance report and forward to the City Council for review and approval. PC Minutes - 2/28/95 25 (PCM024) THE PUBLIC HEARING WAS OPENED, Sam Garza, 19425 MacGregor, President of Friends and Neighbors of Seacliff, stated support for the acceptance of the 1994 compliance report. Tom Zanic, 520 Broadway, Santa Monica, applicant, stated that they had complied with all requirements of the development agreement to date. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LIVENGOOD, SECOND BY TILLOTSON, TO APPROVE THE HOLY SEACLIFF DEVELOPMENT AGREEMENT NO. 90-1 COMPLIANCE REPORT AND FORWARD TO THE CITY COUNCIL FOR REVIEW AND APPROVAL, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 24, 1995 A MOTION WAS MADE BY BIDDLE, SECOND BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 24, 1995, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/28/95 26 (PCM024) C-2 PLANNING COMMISSION MINUTES DATED FEBRUARY 14 1995 A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 14, 1995, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES E-1 RESOLUTION NO. 1502 -Expressing gratitude to outgoing Commissioner In lee Commissioner Biddle - requested staff to provide the Commission with a roster of the Planning Commissioners names and phone numbers. Commissioner Livengood - stated that he had enjoyed working with outgoing Commissioner Inglee. Commissioner Tillotson - wished outgoing Commissioner Inglee good luck. Commissioner Sneaker - wished outgoing Commissioner Inglee good luck. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director, restated actions taken at the February 20, 1995, City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR THE NEXT MEETING Scott Hess, Senior Planner, listed the items scheduled before the Planning Commission on March 14, 1995. PC Minutes - 2/28/95 27 (PCM024) 1 G. ADJOURNMENT A MOTION WAS MADE BY GORMAN, SECOND BY TILLOTSON, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, MARCH 14, 1995, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPRO D BY: 7,Aa H rd Zelefs cret ry PC Minutes - 2/28/95 28 (PCM024)