HomeMy WebLinkAbout1995-08-22APPROVED 10/24/95
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MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, AUGUST 22, 1995
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 4:00 PM
GENERAL PLAN ELEMENT REVIEW
A. Land Use Element
B. Circulation Element
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P A P P P
ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker
AGENDA APPROVAL
Items B-4 and B-S were brought to the front of the agenda for action. Please note that
the Minutes will reflect actions taken in their scheduled order.
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
B. PUBLIC HEARING ITEMS
B-1 DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) NO 94-1 - FOR
THE COMPREHENSIVE UPDATE OF THE HUNTINGTON BEACH
GENERAL PLAN (GENERAL PLAN AMENDMENT NO. 94-2)•
APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach,
CA 92648
LOCATION: City Wide
The public hearing on Draft Environmental Impact Report (DEIR) No. 94-1 is to receive
public comments on the adequacy and scope of the document. DEIR No. 94-1 addresses
potential impacts associated with the comprehensive update of the city's General Plan.
No formal action on DEIR No. 94-1 will be taken by the Planning Commission at this
public hearing. The public hearing is only to solicit and receive public comments. The
public comments will be forwarded to the consultant for formal response and then
included in the final EIR. Formal action on the final EIR is tentatively scheduled for the
October 24, 1995 meeting.
The DEIR addresses the potential impacts associated with the implementation of the City
of Huntington Beach General Plan. The DEIR is an informational document prepared
under the guidance of the City of Huntington Beach to inform decision makers and the
general public about the potential environmental impacts of the Draft General Plan. The
DEIR responds to issues raised during the Notice of Preparation period and has been
prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA) of 1970, as amended.
The General Plan is the City's master plan of development for the next 15-20 years. It
contains the citizen's vision for the future of Huntington Beach and translates their hopes
and inspirations into a broad set of goals and policies. The General Plan is the foundation
on which all future land use decisions are based. Since its adoption in December of 1976,
the General Plan has undergone incremental updates to reflect the changing needs of the
city; however no comprehensive update has occurred since the initial adoption.
STAFF RECOMMENDATION:
Take public testimony on the adequacy and scope of Draft Environmental Impact Report
No. 94-1.
PC Minutes - 8/22/95 2 (p=036)
THE PUBLIC HEARING WAS OPENED.
Mark Porter, Huntington Beach Tomorrow, stated concern regarding the
Transportation/Circulation roadway segment analysis. Mr. Porter said that the estimates
and numbers in this section were questionable as current studies were underway, and the
current estimates and numbers should be incorporated into the document. He also stated
that Seapointe Avenue had not been incorporated into the alphabetical listing in the
document. In reference to the Urban Landmarks section Mr. Porter indicated that Bolsa
Chica Road had not been included as a secondary arterial and that the Edison Plant should
be classified as a visual liability in Plate VR7.
Jon Ely, 22051 Hula Circle, stated that the environmental impact report was a big
document, and having no technical appendices available at the library, there was not
sufficient time to comment. Mr. Ely stated that comments would be coming in as they
worked through the document.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED
OPEN.
B-2 HISTORIC AND CULTURAL RESOURCES ELEMENT GENERAL PLAN
AMENDMENT NO.94-2/ENVIRONMENTAL IMPACT REPORT NO. 94-
1 - COMPREHENSIVE UPDATE OF THE HUNTINGTON BEACH
GENERAL PLAN (CONTINUED FROM THE AUGUST 8, 1995
PLANNING COMMISSION MEETING):
APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach,
CA 92648
LOCATION: City Wide
General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 is the
comprehensive update of the city's General Plan. Since its adoption in December of 1976,
the General Plan has undergone incremental updates to reflect the changing needs of the
city; however no comprehensive update has occurred since the initial adoption. The public
hearings on the General Plan update began on July 18, 1995. The Planning Commission at
the meeting of August 8, 1995, continued the public hearings open to the meeting of
August 22, 1995.
Historic and Cultural Resources Element - The draft element identifies the historic and
cultural resources in the city and sets policies that address their conservation enhancement,
preservation and use. The draft Historic and Cultural Resources Element addresses some
of the issues currently identified in the adopted Open Space and Conservation Elements.
No major policy changes or issues are identified.
PC Minutes - 8/22/95 3 (pcm036)
STAFF RECOMMENDATION:
Take straw votes on the draft Historic and Cultural Resources Element and, continue the
Public Hearings on General Plan Amendment No. 94-2/Environmental Impact Report No.
94-1 to the next scheduled Planning Commission meeting of September 12, 1995.
THE PUBLIC HEARING WAS OPENED.
Dr. Barbara Milkovich, stated concern that certain portions of this element were incorrect.
She requested that this be reviewed.
Loretta Wolfe, 411-6th Street, Historical Resource Board, stated that the Board fully
endorses the recommendations made by GPAC.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED
OPEN.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO
ACCEPT THE STRAW VOTES TAKEN ON THE DRAFT HISTORIC AND
CULTURAL RESOURCES ELEMENT AND CONTINUE THE PUBLIC
HEARINGS ON GENERAL PLAN AMENDMENT NO.94-2 AND
ENVIRONMENTAL IMPACT REPORT NO. 94-1 TO THE SEPTEMBER 12,
1995 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
B-3 URBAN DESIGN ELEMENT - GENERAL PLAN AMENDMENT NO. 94-
2/ENVIRONMENTAL IMPACT REPORT NO.94-1 - COMPREHENSIVE
UPDATE OF THE HUNTINGTON BEACH GENERAL PLAN
(CONTINUED FROM THE AUGUST 8,1995 PLANNING COMMISSION
MEETING):
APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach,
CA 92648
LOCATION: City Wide
PC Minutes - 8/22/95 4 (p=036)
General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 is the
comprehensive update of the city's General Plan. Since its adoption in December of 1976,
the General Plan has undergone incremental updates to reflect the changing needs of the
city; however no comprehensive update has occurred since the initial adoption. The public
hearings on the General Plan update began on July 18, 1995. The Planning Commission at
the meeting of August 8, 1995, continued the public hearings open to the meeting of
August 22, 1995.
Urban Design Element - The draft element identifies the aesthetic strengths and
weaknesses of the city and sets policies that address strategies for the aesthetic
enhancement of the community. The draft Urban Design Element is a new element to the
city of Huntington Beach General Plan. The Planning Commission should focus on all the
new goals, objectives, policies, and programs.
STAFF RECOMMENDATION:
Take straw votes on the draft Urban Design Element and, continue the Public Hearings on
General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 to the next
scheduled Planning Commission meeting of September 12, 1995."
THE PUBLIC HEARING WAS OPENED.
John Ely, 22051 Hula Circle, submitted a letter dated August 20, 1995, addressing issues
of concern regarding the Edison Plant.
Mark Porter, 19561 Topeka Lane, Huntington Beach Tomorrow, stated that he would
submit his comments to staff in writing at a later date, but said his concerns in the element
were in regards to the image corridors and the Edison Plant Landscaping.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED
OPEN.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS TO ACCEPT
THE STRAW VOTES TAKEN ON THE DRAFT URBAN DESIGN ELEMENT
AND CONTINUE THE PUBLIC HEARINGS ON GENERAL PLAN
AMENDMENT NO. 94-2 AND ENVIRONMENTAL IMPACT REPORT NO.94-1
TO THE SEPTEMBER 12, 1995 PLANNING COMMISSION MEETING, BY THE
FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
PC Minutes - 8/22/95 5 (pcm036)
B-4 CONDITIONAL USE PERMIT NO.95-26/NEGATIVE DECLARATION
NO. 95-3:
APPLICANT: Samuel Cho, 501 Shatto Place, Suite 205, Los Angeles, CA
90020
PROPERTY
OWNER: Westminster School District, c/o Ken Fiolka, 14121 Cedarwood
Avenue, Westminster, CA 92683
LOCATION: 14422 Hammon Lane, southeast corner of Hammon Lane and
Sands Drive (Franklin School Site)
Conditional Use Permit No. 95-26 and Negative Declaration No. 95-3 represent a request
to establish a church at a closed school site and make site modifications to provide
additional parking. Franklin School site closed in June 1994.
STAFF RECOMMENDATION:
Staff recommends approval of the request to establish a church with conditions to limit the
membership to 400 and hours of operation to 7:00 a.m. to I0:00 p.m., and prohibit any
service prior to 8:00 a.m. for the following reasons:
The proposed church with conditions imposed will be compatible with existing
residential development because the church activity will be located in buildings within
the center of the site and the existing playgrounds and fencing reduce any noise impact
on the residential neighborhood.
• Parking lot expansion will be set back 187 feet from residential on the north and 75
feet from Sand Drive adjacent to residential on the west which will mitigate traffic
noise.
• Sufficient parking will be provided.
Driveway modifications will provide on site circulation within the main parking lot
thereby reducing on -street traffic flow of motorists looking for a parking space.
• A traffic study documents projected traffic levels will not reduce the level of service on
the local collector streets and residential neighborhood streets.
• A six month review will allow the community input regarding the church operation and
consideration of possible membership expansion.
• The proposed church will allow community use of the playground areas and play
equipment.
• The proposed church is consistent with the goals and objectives of the General Plan
Land Use Element.
PC Minutes - 8/22/95 6 (p=036)
THE PUBLIC HEARING WAS OPENED.
Paul Tuzzolino, 14322 Tropicana Lane, adjacent resident, questioned whether the school
site would be rented leased or sold to the applicant. He spoke in opposition to the request
stating that the school grounds (open space) should be made available for the neighbors
use. He also questioned what congregation the church would be.
Foreman B. Lawson, 5871 San Souci Circle, adjacent resident, spoke in opposition to the
request stating concern regarding negative traffic impacts.
Julie Chung, 6762 Vista Del Sol, church member, spoke in support of the request. She
stated that the neighborhood would gain from the church, and the children would be
allowed to use the park/playground during the weekdays.
Jacqui Cohen, adjacent resident, spoke in opposition to the request, concerned with
negative traffic impacts. She also stated concern regarding what type of activities the
church would pursue and the times in which they would pursue them.
David Shin, 1916 W. Lodi Place, Anaheim, church member, spoke in support of the
request. He stated the church does good things for him.
D.J. Martin, 5881 San Souci Circle, adjacent resident, spoke in opposition to the request
because of negative traffic impacts, the loss of tax dollars, children's safety and the types
of uses the church will pursue.
Boyd Cohen, adjacent resident, spoke in opposition to the request, concerned with
negative traffic impacts, increased noise and parking on the neighborhood streets.
Joel Kim, 5090 Barkwood, Irvine, church member, spoke in support of the request.
Jay Chung, 6762 Vista Del Sole, church member, spoke in support of the request.
Ann Hamilton, 5682 Stardust Drive, adjacent resident, spoke in opposition to the request,
concerned with negative traffic impacts, parking on the streets and the loss of a
neighborhood open space area.
Thomas Pineda, 14341 Calneva Lane, adjacent resident, spoke in opposition to the
request, concerned with negative traffic impacts, and parking on the streets. Mr. Pineda
stated that he would prefer a police substation or a community center in this location.
Eugene Change, 4505 W. 5th Street, 43, LA, church member, spoke in support of the
church stating that they were expanding and needed more room.
Charles Nolen, 5791 Sands Drive, adjacent resident, spoke in opposition to the request,
concerned with excessive noise.
PC Minutes - 8/22/95 7 (pcm036)
Leontine Lawson, 5871 San Souci Circle, adjacent resident, spoke in opposition to the
request, concerned with excessive noise, negative traffic impacts and the neighborhood
children's safety.
Janet Welsh, 5951 Frontier Circle, adjacent resident, spoke in opposition to the request,
concerned with excessive traffic, noise and parking on the neighborhood streets.
Pam Clifford, 14322 Tropicana, adjacent resident, spoke in opposition to the request,
concerned that it was to large for their small neighborhood.
Larry E. Greer, Traffic Consultant, stated that they had performed a traffic study and
determined that the weekday trips would be less than the previous school had generated.
He also stated that although the proposed church would generate a high level of traffic on
Sundays, the study concludes that the residential neighborhood streets will continue to
operate within the expected range of traffic volumes anticipated on local collector streets
and residential neighborhood streets.
Lisa Garcia, adjacent resident, spoke in opposition to the request, concerned with
increased traffic and neighborhood children's safety.
Kenneth A. Fiolka, 26491 Silverspring, Lake Forest, Westminster School District, spoke
in support of the project. Mr. Fiolka stated that the school district had held neighborhood
meetings to find out what they wanted in the site. The neighbors attending stated that the
major concern would be that the playground remain available for the children's use. Mr.
Fiolka said the applicant had agreed to that condition. He also stated that the money from
the lease would help benefit other school sites.
Samuel Cho. 501 Shatto Place, 9205, LA, Applicant, stated that they appreciated the
neighbors concerns regarding noise and traffic and would work to mitigate any problems.
He also stated that they will provide 211 parking spaces on -site.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Discussion ensued among the Commissioners regarding the General Plan recommendation
of churches being located on arterials with adequate parking and traffic controls. They
also felt that the use would be better suited in a vacant Industrial or Commercial building
than a neighborhood. Commissioner Tillotson disagreed and encouraged mitigation
between the applicant and the residents.
PC Minutes - 8/22/95 8 (p=036)
A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER TO DENY
NEGATIVE DECLARATION NO. 95-3, BY THE FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Kerins, Speaker
NOES: Tillotson
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER TO DENY
CONDITIONAL USE PERMIT NO. 95-26 WITH FINDINGS FOR DENIAL, BY
THE FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Kerins, Speaker
NOES: Tillotson
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 95-26:
1. The establishment, maintenance and operation of the proposed church use with up to
600 members with services and Bible study every day of the week will 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. Access to the
site is through narrow residential streets. The estimated number of trips generated by
the proposed church exceeds the existing residential trips within the vicinity and the
neighborhood. Adequate controls cannot be placed on the church to ensure that a
variety of activities, e.g., weddings, summer camps, will protect the residential
neighborhood from noise and traffic impacts.
2. The proposed church with a 600 seat sanctuary and auxiliary uses will be
incompatible with the surrounding low density (Single Family Units) residential
neighborhood. The proposed church with activities every day of the week on a
proposed vacant public school site will create adverse traffic, circulation and noise
impacts to the people living in the vicinity.
3. The granting of the conditional use permit is not consistent with the Land Use
Element of the Huntington Beach General Plan which recommends that institutional
uses, such as a church, be located on an arterial highway. The local residential
streets were not intended or designed to serve as collector or arterial streets for
accessing a church use. The proposed church is located within a residential
neighborhood with access on local streets.
PC Minutes - 8/22/95 9 (p=036)
B-5 CONDITIONAL USE PERMIT NO. 95-46 WITH SPECIAL
PERMIT/COASTAL DEVELOPMENT PERMIT NO. 95-8/VARIANCE
NO. 95-12:
APPLICANT/
PROPERTY
OWNER: Naga Hamamoto, 6662 Alamitos Circle, Huntington Beach, CA
92648
LOCATION: 1014 and 1016 Pacific Coast Highway (inland side of Pacific
Coast Highway between Tenth and Eleventh Streets)
Conditional Use Permit No. 95-46 and Coastal Development Permit No. 95-6 represent a
request by Naga Hamamoto , property owner, to construct two (2), three (3)story single
family dwellings. A special permit is also requested to allow a patio area within the
required 25 feet landscaped front yard setback. Variance No. 95-12 is a request to all a
maximum 35 feet building height in lieu of 30 feet.
STAFF RECOMMENDATION:
Staff recommends approval of the two (2)single family dwellings at a 35 feet building
height and denial of the special permit for the front patio for the following reasons:
• The proposed dwellings are compatible in height, building mass, and building bulk
with existing 35 feet high structures along Pacific Coast Highway.
The project design complies with the Mediterranean theme established by the
Downtown Specific Plan.
The topography of the site is three feet higher than the highest adjacent street level.
The project without the special permit creates an aesthetically pleasing and enhanced
living environment because it allows for more landscaping than the proposed project
(25 feet in lieu of 15 feet) in compliance with the Scenic Highways Element of the
General Plan and the Downtown Design Guidelines.
The recommendation is consistent with the goals and policies of the General Plan.
THE PUBLIC HEARING WAS OPENED.
Kaz Begovich, 3821 Long Beach Boulevard, Long Beach, architect, discussed the height
and patio issues and urged the Commission to approve the request including the special
permit.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes - 8/22/95 10 (pcm036)
A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO DENY THE
REQUEST FOR SPECIAL PERMIT WITH FINDINGS FOR DENIAL AND
APPROVE CONDITIONAL USE PERMIT NO. 95-46, COASTAL
DEVELOPMENT PERMIT NO. 95-8, AND VARIANCE NO. 95-12 WITH
FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 95-8:
1. The proposed three (3) story single family development with a variance to height and
without the front yard patio conforms with the plans, policies, requirements and
standards of the Huntington Beach Coastal Element of the General Plan. The
proposed two single family residences will enhance visual resources within the coastal
zone by providing the required fully landscaped front yard setback and architecturally
compatible structures.
2. Coastal Development Permit No. 95-8, with conditions of approval imposed, is
consistent with the CZ (Coastal Zone) suffix, the Specific Plan zone (Downtown
Specific Plan - District 2) as well as other provisions of the Huntington Beach Zoning
and Subdivision Ordinance applicable to the property.
At the time of occupancy, the proposed 3 story single family residential development
with a variance to height and without the front yard patio can be provided with
infrastructure a manner that is consistent with the Huntington Beach Coastal Element
and Coastal Land use Plan of the General Plan.
4. The proposed 3 story single family residential development without the front yard
patio conforms with the public access and public recreation policies of Chapter 3 of
the California Coastal Act.
Approval of the Variance No. 95-8 will result in no modification of the requirement of
the C-LUP.
PC Minutes - 8/22/95 11 (pcm036)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 95-46:
1. The establishment, maintenance and operation of the proposed 3 story single family residential
development without the front yard patio will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. Single family dwellings are permitted in Downtown
Specific Plan -District 2 subject to conditional use permit and coastal development approval.
Several other three story structures are within the immediate vicinity. The structures will be
built in compliance with the Uniform Building Code and will not pose an undue health and
safety risk to residents in the vicinity. The design of the structures is in compliance with the
design theme established for the Downtown Specific Plan.
2. The granting of the conditional use permit the proposed 3 story single family
residential development without the front yard patio will not adversely affect the
General Plan. The Land Use Element, Housing Element, and the Coastal Element of
the General Plan allow a variety of residential uses and enhancement and protection of
coastal and visual resources.
3. The proposed 3 story single family residential development without the front yard patio will
comply with the provisions of the base district and other applicable provisions in Titles 20-25
and any specific condition required for the proposed use in the district in which it would be
located. The proposed 3-story single family dwellings without the front patio comply with the
Downtown Specific Plan development provisions except for the variance request. The design
of the structures is in compliance with the design theme established for the Downtown
Specific Plan.
FINDINGS FOR APPROVAL - VARIANCE NO. 95-12:
1. The granting of a variance to allow a 35 feet maximum height in lieu of 30 feet will not
constitute a grant of special privilege inconsistent with limitations upon other
properties in the vicinity and under an identical zone classification. Multi -family
development is adjacent to the subject property and is constructed at the same
maximum building height.
2. Because of special circumstances applicable to the subject property, including size,
shape, topography, location or surroundings, the strict application of the zoning
ordinance is found to deprive the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification. The subject property
has a three feet grade differential between the existing grade and the grade of the
highest adjacent street. Since the highest adjacent street grade is used to measure
building height, the topography constitutes a substantial hardship on the development
of the property. The subject property is a residual parcel in an area of multi -family
residential which is allowed a maximum building height of 35 feet.
PC Minutes - 8/22/95 12 (pcm036)
3. The granting of a variance to allow a 35 feet maximum height in lieu of 30 feet is
necessary to preserve the enjoyment of one or more substantial property rights. Single
family dwellings are permitted in Downtown Specific Plan - District 2 subject to
conditional use permit and coastal development approval, a variance is required to
exercise those property rights.
4. The granting of the variance to allow a 35 feet maximum height in lieu of 30 feet will
not be materially detrimental to the public welfare or injurious to property in the same
zone classification and is consistent with the General Plan. Several other three story
structures are within the immediate vicinity. The structures will be built in compliance
with the Uniform Building Code and will not pose an undue health and safety risk to
residents in the vicinity. The design of the structures is in compliance with the design
theme established for the Downtown Specific Plan. Granting of the variance from
Resolution No. 5760 will not defeat the general purposes or intent of the code which
is to provide compatible building heights along Pacific Coast Highway. Also, granting
of the variance to allow 35 feet maximum height in lieu of 30 feet is consistent with
the Land Use Element, Housing Element, and the Coastal Element of the General Plan
which allow a variety of residential uses and enhancement and protection of coastal
and visual resources.
FINDINGS FOR DENIAL - SPECIAL PERMIT:
1. The special permit to allow a patio in the front yard setback does not promote a better
living environment. The patio is not adequately separated from Pacific Coast Highway
to comply with the exterior noise level guidelines for residential development as
established in the current Noise Element of the General Plan.
2. Granting of the special permit will be detrimental to the general health, welfare, safety
and convenience and will be detrimental or injurious to the value of property or
improvements of the neighborhood. A reduction in the required 25 feet front
landscaped front yard setback does not comply with the intent of the Scenic Highways
Element of the General Plan to provide a aesthetically pleasing greenbelt along the
State highway. Noise impacts from Pacific Coast Highway will be detrimental to
persons using the front yard patio.
CONDITIONS OF APPROVAL:
The site plan, floor plans and elevations received and dated June 23, 1995, shall be the
conceptually approved layout with the following modifications:
a. The proposed front setback patio shall be eliminated and replaced with continuous
landscaping to the satisfaction of the Community Development Director.
PC Minutes - 8/22/95 13 (pcm036)
2. Prior to submittal for building permits, the applicant/owner shall complete the
following:
a. Depict all utility apparatus, such as but not limited to back flow devices and
Edison transformers, on the site plan. They shall be prohibited in the front and
exterior yard setbacks unless properly screened by landscaping or other method as
approved by the Community Development Director.
b. 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.
c. The 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).
d. Elevations shall depict colors and building materials as approved by the Design
Review Board on August 10, 1995.
e. All -rooftop mechanical equipment shall be screened from any view. Said screening
shall be architecturally compatible with the building in terms of materials and
colors. If screening is not designed specifically into the building, a rooftop
mechanical equipment plan must be submitted showing screening and must be
approved.
f. 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.
g. A detailed soils analysis shall be prepared by a registered Soils Engineer. This
analysis shall include on -site soil sampling and laboratory testing of materials to
provide detailed recommendations regarding grading, chemical and fill properties,
foundations, retaining walls, streets, and utilities.
h. The site plan shall include (or reference page) all conditions of approval imposed
on the project printed verbatim.
PC Minutes - 8/22/95 14 (p=036)
3. Prior to issuance of building permits, the applicant/owner shall complete the following:
a. Submit copy of the revised site plan pursuant to Condition No. 1 for review and
approval and inclusion in the entitlement file.
b. A Landscape Construction Set must be submitted to the Departments of
Community Development and Public Works and must be approved. The
Landscape Construction Set shall include a landscape plan prepared and signed by
a State Licensed Landscape Architect and which includes all proposed/existing
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. The
landscape plans shall be in conformance with Chapter 233 of the Zoning and
Subdivision Ordinance and the Downtown Design Guidelines. The set must be
approved by both departments prior to issuance of building permits. Any existing
mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum
36-inch box trees, which shall be incorporated into the project's landscape plan.
c. A grading plan and landscape plan shall be submitted to the Department of Public
Works for review and approval.
d. The property owner shall dedicate 5.00 feet along the rear of the property for alley
purposes.
e. Fire Department requirements shall be noted on the building plans:
1) If the building is greater than 5,000 square feet, automatic sprinkler systems
shall be installed throughout to comply with Huntington Beach Fire
Department and Uniform Building Code Standards. Shop drawings will be
submitted to and approved by the Fire Department prior to installation.
2) Address numbers will be installed to comply with City Specification No. 428.
3) The project shall comply with all provisions of the Huntington Beach Fire
Code and City Specification 4422 and #431 for the abandonment of oil wells
and site restoration.
4) The project shall comply with all provisions of the Huntington Beach
Municipal Code Title 17 and City Specification #429 for new construction
within the methane gas overlay districts.
4. 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.
PC Minutes - 8/22/95 15 (p=036)
5. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep
damp enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight) for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days
(first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
6. Prior to final building permit approval or issuance of a Certificate of Occupancy,
whichever comes first, the applicant shall complete the following:
a. Remove existing sidewalk and replace with 8 feet wide sidewalk adjacent to the
curb.
b. Remove existing alley paving to concrete gutter and replace with 10.50 feet of new
paving.
c. Install sewer lateral.
d. Install water service.
e. Install CATV (Cable Antenna Television).
f. All improvements (including landscaping) to the property shall be completed in
accordance with the approved plans and conditions of approval specified herein.
g. Compliance with all conditions of approval specified herein shall be accomplished.
INFORMATION ON SPECIFIC CODE REOUI REMENTS:
1. All applicable Public Works fees shall be paid.
2. Traffic Impact Fees shall be paid at the time of final inspection or certificate of
occupancy.
3. An encroachment permit shall be required for all work within the alley right-of-way.
A-CalTrans permit shall be required for all work on Pacific Coast Highway.
4. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department
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5. Construction shall be limited to Monday - Saturday3:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
6. Prior to issuance of building permits, the applicant shall pay the Downtown Specific
Plan fee as required by Resolution No. 5328.
7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-
46, Coastal Development Permit No. 95-8, and Variance No. 95-12 if any violation of
these conditions or Municipal Code occurs.
8. Conditional Use Permit No. 95-46, Coastal Development Permit No. 95-8, and
Variance No. 95-12 shall become null and void unless exercised within one year of the
date of final approval or such extension of time as may be granted by the Director
pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED DULY 18, 1995
A MOTION WAS MADE BY SPEAKER, SECOND BY TILLOTSON, TO
APPROVE PLANNING COMMISSION MINUTES DATED DULY 18,1995, BY
THE FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
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PLANNING COMMISSION ITEMS/INOUHUES
Commissioner Sneaker - questioned staff as to the public notification process. He
stated that the most common comment seems to be that the public was not
notified. Staff explained that the applicant submits the mailing labels for property
owners within a 300 foot radius of the proposed request, staff then prepares the
legal and sends them by regular mail. Commission Speaker asked about sending
the legal out through registered mail. Staff stated that this would cause a
significant increase to the cost of all entitlement applications. Staff also stated that
City Councilmember Sullivan had requested that projects proposed on vacant
school sites have a 1,000 foot radius•mailout. Staff stated that all future school
site issues would follow this request which should help to alleviate some
complaints.
PLANNING COMMISSION SUBCOMMITTEE REPORTS
NONE
COMMUNITY DEVELOPMENT ITEMS
CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Senior Planner - restated actions taken by the City Council at the
August 21, 1995, City Council meeting. He also informed the Commission that
the City Council had formed a Subcommittee, to include three (3) City
Councilmembers, to create a Re -use Plan for the closed school sites in the City.
The Commission by minute action requested that staff forward to the City Council
their desire to have a Planning Commissioner as a member of the Subcommittee.
PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner - discussed with the Commission the items for the
September 12, 1995 Planning Commission meeting.
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G. ADJOURNMENT
Adjourn to the September 12, 1995, Planning Commission Study Session at 4:00
PM and then to the scheduled regular meeting at 7:00 PM
A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO ADJOURN
TO A 4:00 PM STUDY SESSION ON SEPTEMBER 12, 1995, AND THEN TO
REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00
PM, BY THE FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
/kjl
APP OVED BY:
H&4d Zelefsky, ecreta Planning Commission Chairperson
PC Minutes - 8/22/95 19 (pcm036)