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HomeMy WebLinkAbout1995-12-12MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, DECEMBER 12, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:00 PM GENERAL PLAN UPDATE PRESENTATION - Review Final EIR, Outstanding Issues Matrix and Review Final Recommendations on all Elements; Review of Introduction to General Plan by Bauer; Review of order for public hearing final votes CONDITIONAL USE PERMIT NO. 95-65NARIANCE NO. 95-29 - Introduce proposal to establish a Bed & Breakfast Inn with tandem parking and a three (3) space parking variance at 609 Main Street. AGENDA REVIEW REGULAR MEETING - 7:00 PM _ _PLEDGE OF ALLEGIANCE ^ __-- P P P P P P P ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker _-- --- --�: -��'E1d�HAAPPii�7V�L:. - _,._....� - - -• -- .._ -. - _ �. - . _ - � - .... - r=�:_.— - 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 TENTATIVE TRACT MAP NO. 15071/CONDITIONAL USE PERMIT NO. 95-72NARIANCE NO. 95-16/ NEGATIVE DECLARATION NO. 95-8: APPLICANT: Broadmoor Homes Southwest, Inc., 5402 Oberlin Dr., Ste. 200, San Diego, CA 92121 PROPERTY OWNER: Mr. Hitoshi Mukai, 17292 Madera Lane, Huntington Beach, CA 92647 LOCATION: 17301 Edwards Street (600 feet north of Slater Avenue on the west side) Tentative Tract Map No. 15071 and Conditional Use Permit No. 95-72, represent a request by Broadmoor Homes Southwest, Inc. to subdivide a former nursery site into 17 lots for the construction of 17 detached single family units. The proposed tract will gain access from the extension of Madera Lane. The request includes an approximately 10 foot high block wall, up to four feet of which is retaining wall, along Edwards Street. A variance is requested to provide vine treatment along the wall on Edwards Street in lieu of a five foot wide landscape area required by code. The proposed subdivision is compatible with the single'family development that surrounds the project site. The density for the�roject is 4.6 unts/gross acre. In accordance with the City's residential infill ordinance, tfie applicant is proposing architectural features to reduce bulk and massing and minimal grade differences between proposed and existing lots. Staff supports the ten foot high block wall along Edwards Street because the proposed wall is compatible with existing wall segments on either side of Edwards Street. Staff recommends denial of the variance because the project could be developed at the same density without the variance and meet all code provisions. Staff recommends that the applicant provide a three foot wide easement along Edwards Street which will be combined with two feet from the public right-of-way. This design leaves a six foot wide sidewalk and 17.5 foot wide rear yards along Edwards Street. An alternative circulation plan has been prepared in response to concerns raised by neighbors and is incorporated as an alternative action. The Departments of Public works and Fire feel it is a less desirable layout due to limited access points that reduce emergency vehicle response times. PC Minutes - 12/12/95 2 (pcm043) STAFF RECOMMENDATION: Staff recommends approval of the tentative tract map and conditional use permit for the project for the following reasons: The project is consistent with the objectives of the Low Density Residential provisions of the code in achieving a development that has an integrated design with the existing surrounding neighborhood. Public street sections, comparable lot sizes, a mix of one and two-story units, and reducing impacts caused by grade differentials between properties are methods used to provide a compatible project. The project's design, including the proposed grading, properly adapts to the surrounding terrain and land uses. The project complies with the Infill Lot development standards by requiring that grading occur only to the extent necessary to provide proper drainage. The proposed wall segment along Edwards Street will match existing. 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 or of the City in general. The project is compatible with existing land uses and will be provided with the infrastructure necessary for the development. In addition, the proposed project will provide more than the minimum parking requirement on site. e The project will correct an existing deficiency related to fire safety for the southern segment of Madera Lane and a through streei ensures the fastest possible response time. j_ . Setter overall circulation is achieved for existing residents with the proposed through sheet design because it provides for two (2) access_points in c4se of emergency. . (accident, flooding, etc.) _1. . The potential environmental impacts have been identified and analyzed under Mitigated Negative Declaration No 95-8. The review indicates that with the implementation of the recommended mitigation measures and conditions of approval, the --proposed project will not have an adverse -impact on the environment. -� « The proposed project is consistent with the Low Density Residential Land Use designation and policies contained in the Housing Element and Land Use Element by providing a variety of housing types. • The variance is not required because there are no special circumstances applicable to the property and it is not necessary to preserve property rights. The project could be developed at the same density without the variance and meet all code provisions. The Commission asked staff what the open space requirement was for this project, who would be responsible for the right-of-way landscaping and have their been any communications between the Developer and the School District. Staff explained that there is no specific open space requirement but each lot cannot exceed 50% of the net site area for each parcel. Staff also explained that the City would be responsible for the right- of-way landscaping, as there was no homeowners association. Lastly, staff stated that the Developer had not yet met with the School District but a meeting,had been scheduled. PC Minutes - 12/12/95 3 (p=043) The Commission questioned staff as to what effect any proposed two (2) story homes would have to the existing adjacent residents in regards to overlooking their property. Staff stated that three (3) proposed two (2) story homes in the subdivision abut existing single story homes, and these three (3) homes had adequate setback buffers. The Commission asked staff if the emergency response times would be adequate if Madera Lane were to remain as a dead end. Staff stated that the Department of Public Works and Fire felt that the dead end layout would create limited access points and would reduce emergency vehicle response times. THE PUBLIC HEARING WAS OPENED. James Palin, 17391 Madera Lane, stated.that the residents on Madera Lane were requesting that it remain a dead end street in order to ensure privacy, and avoid the problems of possible increased crime, noise and traffic that could occur if a through street connection were approved. Mason Kenny, 1742 Madera Lane, spoke in support of the project but opposed to making Madera Lane a through street, concerned with possible increased crime. Gerald Gentilini, 17442 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street. Hank Hoertas, 17371' Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns that it will become a shortcut and increase traffic. -� Michael P. Hickery, 17272 Madera Lane spoke in support of the -project, -but opposed to Madera Lane becoming a through street with concerns that it will impact their current quality of life. - Jeannette Horowitz, 17361 Madera Lane, spokein support of the project, but opposed to Madera Lane becoming a through street with concerns over increased traffic and children's safety. Wayne Phillips, 17441 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns that the street will become a shortcut and increase traffic. Norene Palin, 17391 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street. Marti Phillips, 17441 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street. PC Minutes - 12/12/95 4 (p=043) 1 Joe Casterena Jr., 17402 Madera Lane, spoke in support'of the project, but opposed to Madera Lane becoming a through street with concerns of increased traffic and safety hazards. Brain Lesser, 17391 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns that there will be an increase in traffic noise and crimes making it hazardous for children and pets. Jackie Lesser, 17391 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns of increased traffic and crime. Harry A. Keep, 17382 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns of increased traffic and crime. Merry Taguchi, 17401 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns of increased crime. Gary Toguchi, 17401 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street. _ Ken Chow, 17432 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns of increased traffic and crime. Shirley Gentilini, 17442 Madera Lane, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns of safety haiards and inadequate drainage: Cherie Fisher,.1744Z Encino Circle, spokeinsupport of the project, but opposed to Madera Lane becoming a through street. -Paul B. Carter, .6832 Santa Ynez Drive, spoke in support of the project, but opposed to Madera Lane becoming a through street with concerns of safety hazards, increased crime and inadequate drainage. Jonathan Woolf -Willis, 6872 Presidio, Environmental Board, stated that the Board had reviewed the negative declaration and concurred with staff recommendation that no significant impacts are anticipated that could not be mitigated to a level of insignificance. Gene Hirao, representing applicant, stated that he was concerned with the resident's alternate circulation layout as it would require the Developer to install fire sprinklers at a significant cost and possibly make the project infeasible. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 12/12/95 5 (pcm043) Commissioner Kerins asked staff if there would be a code requirement for fire sprinklers if the alternate circulation layout were to be approved. Staff stated that it would be a Fire Code requirement. The Commission asked staff if they had any concerns about increased flooding if Madera Lane would be a through street, and if the current residents might experience an increase in Flood Insurance. Staff stated that FEMA had not indicated there would be an increase. Staff also stated that current flooding is due to flat streets and inadequate storm drains that become clogged when the Slater Channel becomes full. The Commission asked staff if the Police had any concerns regarding increased traffic speed or crime if the proposed through street were approved. Staff stated that the crime issues had not been addressed but Public Works staff felt.their would not be a significant impact from increased traffic. „ The majority of the Commission felt they could support the proposal with the alternative circulation layout with the stipulation that fire sprinklers would not be required and no change in the number (17) of proposed homes. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE NEGATIVE DECLARATION NO. 95-8 WITH FINDINGS AND •MITIGATION MEASURES, TENTATIVE TRACT MAP NO. 15071 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, AND DENY VARIANCE NO.95-16 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: - AYES: Holden, Livengoocl; Biddle; Kerins, Tillotson, Speaker NOES: Gorman ABSENT: None - ABSTAIN: None MOTION PASSED -� r PC Minutes - 12/12/95 6 (p=043) 1 FINDINGS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-72• 1. Conditional Use Permit No. 95-72 for the establishment, maintenance and operation of the 17 unit single family homes and for a ten foot high block wall, up to four (4) feet of which is retaining wall, along Edwards Street 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. The proposed grading, site layout and design of the subdivision with a cul-de-sac with access from Athena Drive only properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The street improvements for Madera Lane will match the improvements on the existing segments of Madera Lane where practical. The proposed project Aril] comply with the City of Huntington Beach infill ordinance and has proposed a mix of one and two story units that are compatible with the surrounding neighborhood. The block wall along Edwards Street will match existing wall segments on either side of Edwards Street. 2. The proposed use will comply with the provisions of the base district which is Low Density Residential and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and. any specific condition--.= required for the proposed use in the district in which it would be located. The proposed project meets all provisions of the code, including lot size, setbacks, density, and parking requirements. The wall height along Edwards Streets is permitted with a conditional use permit. -3. The granting of the conditional use permit for construction of the 17 single family _ units will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. In —� - addition; it is consistent with the following goals and policies of the General Plan: a. The attainment of decent housing within a satisfying living environment for households of all socioeconomic, racial and ethnic groups in Huntington -r Beach.. (Housing Element) b. To encourage and maintain a well balance variety of residential densities and - uncrowded living environments by encouraging rational use of land and other - natural resources. (Land Use Element) FINDINGS FOR DENIAL - VARIANCE NO. 95-16: 1. The granting Variance No. 95-16 to permit no landscape area along Edwards Street in lieu of a five (5) foot wide area is not necessary to preserve the enjoyment of one or more substantial property rights. The site can be fully developed at permitted densities and meet all provisions of the Huntington Beach Zoning and Subdivision Ordinance while providing the five (5) foot wide 4 landscaped area which can include two (2) feet of public right-of-way and three (3) feet of private property. PC Minutes - 12/12/95 7 (pcm043) 2. There are no special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that make the strict application of the zoning ordinance deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject lot will be vacant after demolition of structures and is a generally regular shaped area. The project design incorporates fill that will level the site, therefore, topography is not an obstacle to incorporating the landscape area. FINDINGS OF APPROVAL - TENTATIVE TRACT MAP NO. 15071: 1. The proposed map is consistent with the General Plan and applicable provisions of this Code. Tentative Tract Map No. 15071 for a 17 single family detached unit subdivision is consistent with the goals and policies of the Huntington Beach General Plan, including the Housing and Land Use Elements. 2. The site is physically suitable for the type and density of development. The site is relatively flat and physically suitable T'or the proposed density of six units per net acre. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential (7 units per acre), and Residential Low Density zoning were implemented. The size, depth, frontage, street width, and other design features of the proposed subdivision with a cul-de-sac with access from Athena Drive only are in compliance with the standard plans and specifications on`ffte with the'City -as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. The proposed single family tesidential subdivision is designed to integrate with the existing"neighborhood with public streets and sidewalks. 3. The design of the subdivision or the-proposed.improvements-will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Cbmmission.ox-Zening=Administrator, may approve such-a.tentative map if an environmental impact report was prepared with respect to the project and a finding was made that specific economic, social or other considerations make infeasible"the mitigation measures or project alternatives identified in the environmental impact report. The environmental assessment for the project concludes that the project, with mitigation measures, will have a less than significant effect on the environment. 4. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. PC Minutes - 12/12/95 8 (pcm043) CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 15071: 1. The tentative tract map received and dated November 15, 1995 shall be the approved layout with the following modifications: a. Revise map to show a three (3) foot landscape easement along the easterly edge of the site, adjacent to Edwards Street, and a two (2) foot landscaped area in the public right-of-way. b. Revise map to reflect a cul-de-sac street and knuckle design with access from Athena Drive only and include a 24 foot wide emergency access easement along the westerly edge of Lot 1 to the southern segment of Madera Lane. The northerly end of the southern segment of Madera Lane shall be modified to include a cul-de-sac design that will be connected with the 24 foot wide Y emergency access easement without reducing the number of units for the project. The design of the revised street layout and cul-de-sac shall be subject to review and approval Fy'the Departments of Fire, Public Works and Community Development. 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. (PW) a. The following shall be dedicated to the City of Huntington Beach: I. The water system and appurtenances. _ ` 2. The sewer system and appurtenances. 3. The two foot public utility easement. 4. Three foot landscape easement adjacent to Edwards Street. 5. Sub -surface water rights. 6. Twenty-four (24) foot emergency only access easement through Lot 1. b. All streets shall be dedicated to the public. c. All vehicular access rights to Edwards Street shall be released and relinquished to the City of Huntington Beach. d. Any existing water service shall be abandoned, at the main, per Public Works Water Division specifications. e. Fire hydrant locations shall be approved by the Fire Department. PC Minutes - 12/12/95 9 (p=043) f. Hydrology and -hydraulic studies shall be submitted for Public Works review and approval and shall address the provisions of Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance, including Section 222.1 OC. g. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. h. The developer shall install new curb, gutter and sidewalk and retaining wall on Edwards Street, adjacent to the tract boundary, per Public Works requirements. i. The developer shall remove -and replace the existing paving to centerline on Edwards Street, adjacent to the tract boundary, per Public Works r requirements. A service life U20 years shall be provided for. j. The proposed sidewalks on Madera Lane shall meet A.D.A. and Public Works Standards as depicted on the site plan_ k. Underground all existing dry�utilities along Edwards Street. _ 1. -Signing; striping ands street -lighting shall be designed and constructed in accordance with Public Works Standards. m. Drainage flows from adjacent -properties shall not be obstructed. Flows shall be accommodated pei-'PubliMorks-%ndards. n. On -site drainage shall not be directed to adjacent properties, but shall be handled -by a Public Works approved method. o. 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. p. The 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. q. Lot 16 shall have a 10 ft. by 10 ft. corner cut-off providing site distance to lot 17. PC Minutes - 12/12/95 10 (p=043) r. Lot 6 shall have a 10 ft. by 10 ft. corner cut-off providing site distance to lot 32 of Tract 5601. The developer shall attempt to quitclaim the 10 ft. by 10 ft. area to said lot 32. Any re -construction necessary, such as block walls, landscaping, etc. shall be at the developers expense. 3. Prior to submittal of the final map for approval by the City Council, the following shall be required: a. An Affordable Housing Agreement Plan shall be submitted for review and approval by the Community Development Department. The plan shall provide for minimum 10 percent of the housing units (equal mix of two units) approved to be affordable to families of low and moderate income level (average 100% of Orange County median) for a period of thirty years.. Said plan shall be executedprior 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 approval (occupancy) of the first home. b. The developer shall meet with the appropriate school districts with the intent to mitigate the impact on school facilities. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT MAP NQ. 11011: `1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Park and Recreation Fees shall be paid prior to acceptance of the final map by City Council or at issuance of building permits, whichever occurs first. 3. Tentative Tract Map No. 15071 and Conditional Use Permit No. 95-72 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time 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. _�. 4. The applicant shall submit a check in the amount of $25 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. PC Minutes - 12/12/95 11 (p=043) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-72: 1. The site plan, floor plans, and elevations received and dated November 15, 1995 shall be the conceptually approved layout with the following modifications: a. Revise site plan to show a three foot landscape easement along the easterly edge of the site, adjacent to Edwards Street, and a two (2) foot landscaped area in the public right-of-way. b. Revise map to reflect a cul-de-sac street and knuckle design with access from Athena Drive only and include a 24 foot wide emergency access easement along the westerly edge of Lot 1 to the southern segment of Madera Lane. The northerly end of the southern segment of Madera Lane shall be modified to include a cul-de-sac design that'will be connected with the 24 foot wide emergency access easement without reducing the number of units for the - project. The design of ihi6 revised —street layout and cul-de-sac shall be subject to review and approval 'by the Departments of Fire, Public Works and Community Development. c. Revise site plan to show decorative pavers in driveways of lots 10 and 12. 2. Prior to any demolition, grading or excavating activity, the following shall be completed: - a. The applicant shall provide thirty lays written notice to the City of Huntington Beach Historic Resources Board. The Board will document the structures and equipmenTon site.`'" ` -- b. Any asbestos contained therein shall be identified and removed in compliance with City, State and Federal standards, including an asbestos abatement program to be reviewed and appibyed by the City -Engineer and Building t Official.* c. A contingency plan shall be submitted for'review and approval to the Huntington Beach Fire Department. ' The plan will identify procedures and contacts for instances when hazardous substances are encountered on -site. d. Any pesticides or other hazardous substances contained on the site or in the structures shall be identified and removed in compliance with City, State and Federal standards.* PC Minutes - 12/12/95 12 (pcm043) I*_ e. The applicant shall submit a tract map to Orange County Vector Control one (1) month prior to grading activity and arrange an inspection of the site. The applicant shall comply with the rodent control plan recommended by Orange County Vector Control. A copy of the control plan shall be submitted to the Department of Community Development for inclusion in the entitlement file. 3. Prior to submittal for building permits, the following shall be completed: a. Names of streets shall be approved by the Huntington Beach Fire Department prior to use in accordance with City Specification No. 429. (FD) b. Submit three (3) copies of the site plan to the Planning Division for addressing purposes after street name approval by the Fire Department. C. 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. d. 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. e., If foil -type insulation is to be used, a fire retarding *type shall be instaDed as approved by the Building Department and indicated on the floor plans. f. 9- If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings Iamps 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: The site plan shall include (or reference page) all conditions of approval imposed on the project -.printed verbatim. Model numbers, lot numbers and street names shall be depicted on the site plan. h. A detailed site plan of the emergerity accessing shall be reviewed and approved by the Community Development Department and Fire Department. The plan shall identify removal of a 24 foot wide portion of the existing block wall at the northernmost end of the southern segment of Madera Lane and installation of paver blocks with locked gates in this location. The gate shall be equipped with a knox box. PC Minutes-12/12/95 13 (pcm043) 4. Prior to issuance of grading permits, the following shall be completed: a. Wall plans shall be submitted and approved by the Department of Community Development. Double walls shall be prohibited; prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new wall, and shall include necessary homeowner's approval. b. 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) 5. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition 14o. 1 for review and approval and inclusion in the entitlement file. In addition, the following information shall be noted on the plans: 1. Buildings on lots__10 and 12 shall have. an automatic sprinkler system installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code -Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. A one (1) -inch water service is require"d for automatic sprinklers. (FD) 2. -Two new fire hydrants shall$e installed prior to combustible construction. Shop drawings shall be submitted to the Public Works Department and _ approved by the >rire Department prior to installation. (FD) 3. Address numbers will be installed to comply with City Specification No. 428.(FD) b. A grading plan, prepared by a F-egistered-Civil-Engineer, shall be submitted to _ the Department of Public Works for review and approval (by issuance of a grading permit). (PW) c. 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) d. The applicant shall submit a site plan depicting the Model homes/sales office, and parking lot locations to the Department of Community Development for review and approval. PC Minutes - 12/12/95 14 (pcm043) e. The Final Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. f. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PW) g. A Street Improvement Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval by the Public Works Department. (PW) h. 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 which includes all w 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 231 of the Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building.permits.. (PW) i. An erosion control plan shall be submitted to the Department of Public Works. (PW) The developer shall submit a separate utility plan, showing water system improvements including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved prior to any construction by the Public Works Water Division and the City of Huntington Beach Fire Department. (PW) -� - k. Abandon the -existing on -site water well per State codes. (PW) -- I. Submit a letter of map revision from FEMA declaring the tract exempt from floodplain requirements or submit copy of completed FEMA Elevation Certificates for each unit. m. Submit a construction vehicle control plan to Department of Public Works for review and approval. n. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. PC Minutes - 12/12/95 15 (pcm043) o. Installation or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. p. The placement and storage of the diesel tank(s) or any flammable substance shall be reviewed and approved by the Huntington Beach Fire Department prior to construction. * 6. 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 fueT(755�%) by weightTor construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone - - - days (first stage smog aterts)j- e. Discontinue construction during second stage smog alerts. 7. Prior to final building permit approval of the first single family unit, the following shalt- be completed: a. Pursuant to a landscape plangviewed and approved by the Departments of 1�ublic Works aiid7tommunit7Development, the applicant shall replace the 18 inch (trunk size) Podacarpus -at a 1:1 ratio; relocate (transplant) the 12 inch -- Windmill Palm and save the three Plumeria bushes (four inches each). All trees will replaced/relocated on site. w b. If the tract is not considered -exempt by-FEMA, a second Elevation Certificate will be required for each unit "as built". c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. e. 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. (PW) PC Minutes - 12/12/95 16 (p=043) f. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. g. 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. Construction shall be limited to 7:00 AM to 6:00 PM Monday -Friday and 8:00 AM to 5:00 PM on Saturday. Construction shall be prohibited Sundays and Federal holidays INFORMATION O_N SPECIFIC CODE REQUIREMENTS - CONDITIONAL USE PERMIT NO. 95-72: - 1. Traffic Impact Fees shall be paid at the time of final building inspection of the first unit. (PW) 2. A construction permit shall be required for all work within the public right-of- way. (PW) _.. 3: The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State - and Federal Fire Codes, Ordinances, and standards. 4. State -mandate school impact fees shall be paid prior to issuance of building -' - permits. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-72 and Variance No. 95-16, pursuant to a public hearing, if any violation = of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or . —Municipal-Code occurs_- * Mitigation Measure B-2 CONDITIONAL USE PERMIT 90-32(Rl: APPLICANT: Taxi's The Tavern, Inc., 318 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Bob Bolen, 322 Main Street, Huntington Beach, CA 92648 LOCATION: 318 Main Street (East side, south of Orange Avenue) PC Minutes - 12/12/95 17 (pcm043) The applicant is requesting the modification of the condition of approval for Conditional Use Permit No. 90-32 which limits the number of live performers at his restaurant to two (2). The applicant is requesting that the maximum number of live performers be increased to allow the restaurant to present a variety of musical groups and entertainers. When the conditional use permit establishing live entertainment on this site was originally approved, the restaurant occupied one (1) suite and the occupancy load was smaller. Since the time of approval of the conditional use permit, live entertainment has been conducted on the site without incident. Subsequent to the original approval, the restaurant has expanded and will now accommodate a larger clientele. The site has adequate parking and is buffered from residential uses. Because the restaurant has a centrally controlled sound system, an increased number of performers will not increase noise levels. STAFF RECOMMENDATION: Staff supports the request to increase the number of live performers at the restaurant for the following reasons: • Issues involving live entertainment, parking, noise, and compatibility with surrounding lands uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. • Increasing tfie number oflive performers at this site does not constitute an expansion of the restaurant use and _would not require additional parking. Since the time of the appioval-of the original conditional use permit, the restaurant has Ben expanded and can acthmmofte a larger audience and more than two (2) Iive performers. r • Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaintsto-the Police Department with regard to noise. ...• Increasing the number of performers vll not -increase the noise level, -which will be regulated by a central sound system. Commissioner Tillotson stated that she would be abstaining from taking action on this request due to a conflict of interest with surrounding property. Commissioner Biddle asked staff if there was a Fire Department requirement regarding the necessity for fire sprinklers when live entertainment was permitted. Staff stated there is no specific requirement unless there is development of a stage area, a platform or open area. Scott Hess, Senior Planner, stated that staff had received one (1) written note of opposition with concerns regarding increased noise and trash from Greg Walsh, a resident of Pierside Circle prior -to the meeting. PC Minutes - 12/12/95 18 (p=043) I ­ Commissioner Kerins asked staff if any complaints had been received by the Police Department regarding the existing establishment. Staff stated that the Police had no significant concerns. THE PUBLIC HEARING WAS OPENED. Art Hopkins, 404 Town Square Lane, spoke in opposition to the request. He was concerned with excessive noise created by the patrons of the establishment. Doug Campbell, 507 Pierside Circle, Pierside Homeowners Association, spoke in opposition to the request. He was concerned with the location being inappropriate for a bar, the size of the establishment insufficient for live entertainment and excessive noise. Diane Easterling, 203-8th Street; Downtown Residents Association, spoke in opposition to the request. She was concerned with the attraction of an undesirable element and excessive noise. Lorretta Wolfe, 411-6th Street, Downtown Residents Association, spoke in opposition to the request. She stated that the proposed use -and increased number of live performers was not compatible with the surrounding area. Marie St. Germain, 505 Alabama Street, spoke in opposition to the request. She was concerned with excessive noise and increased crowds in the area. Emil "Jinx" Verona, applicant, 318 Main Street, spoke in support of the request stating ' r that the increase in performers would not increase the.sound level that is.currently produced. He also stated that there would be no Rock-n-Roll and his employees clean the area around the establishment every night after closing. The Commission discussed the percentage of food sales in comparison to beverage sales. _ The applicant stated that it is currently 54% food. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners felt that the request to increase the number of live performers would not be compatible with the adjacent residential uses due to excessive noise created by the patrons of the establishment. PC Minutes - 12/12/95 19 (p=043) A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO DENY THE MODIFICATION TO CONDITION OF APPROVAL NO.2 FOR CONDITIONAL USE PERMIT NO. 90-32(R) WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: None ABSTAIN: Tillotson MOTION PASSED FINDING FOR DENIAL - CONDITIONAL USE PERMIT NO. 90-32(R): 1. The proposed increase in the number gf live performers (from maximum two [21 to no limit) at an existing restaurant/bar will not be compatible with adjacent residential properties/uses because the use is not adequately buffered from surrounding residential uses. The use is in close proximity to residential uses and will generate additional noise. 2. The proposed increase in the number of live performers (from maximum two [21 to no limit) at an existing restaurant/bar will be detrimental to the general welfare of persons working or residing in the vicinity because it will generate additional noise from the expanded performers and from additional patrons leaving the premises by vehicle and ... _ - foot. B-3 PUBLIC HEARING - GfNERXf PLANAN ftNbMENT NO.94-2/ ENVIRONMENTAL IMPACT REPORTNO.94-1 - COMPREHENSIVE 14PDATE OF THE HUNTINGTON BEACH GENERAL PLAN (CONTINUED FROM THE NOVEMBER 14, 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 November 28, 1995, continued the public hearings open to the meeting of `December 12,1995. PC Minutes - 12/12/95 20 (p=043) The Commission will take final action on the recommendations of the Draft General Plan and Draft Environmental Impact Report. The review of the General Plan will include two land use map recommendations and a series of outstanding issues. The two land use map sites are identified as No. 33 (Christmas Tree site) and reconsideration of No. 52 (Indianapolis and Bushard site). In addition, the Commission through out this process has set aside some outstanding issues for review and consideration. Staff has included a matrix for the Commissions final review which includes revisions and staffs recommendations. It is recommended that the Commission finalize their straw votes on the outstanding issues identified in the matrix. The revised language of the various General Plan Elements that the school districts and staff have been working on have been reviewed by the subcommittee. Staff and the subcommittee met on Monday, December 4th and have made final recommendations on the issues. The Draft Environmental Impact Report which analyzed the environmental impacts associated with the buildout of the Draft General Plan is presented for final Planning Commission action. An analysis of the Environmental Impact Report is included in the staff report with recommendations. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take final straw votes on the two (Nos.. 33 & 52) land use recommendations, take straw votes on the Outstanding Issues Matrix, take final action to add mitigation measures of Draft Environmental Impact Report No. 94-1 to General Plan Amendment No. 94-2, take final action on each element of the Draft General Plan strike out version in consent calendar fashion, adopt Resolution No. 1509 with a Statement of Overriding Considerations and recommend ce - fication of Final Environmental Impact Report No. 94-1 as complete and adequate to the City Council, and adoprResolution No. 1510 recommending approval of GPA No. 94-2 as amended by the -` Planning Commission to the City Council for final review "and adoption. " THE PUBLIC HEARING WAS OPENED. John F. Scott, 22032 Capistrano Lane, spoke in regards to the traffic figures in the environmental impact -report. Mr. Scott stated that he wished to see the raw data that supported these figures as required by CEQA. Mr. Scott feels it is necessary to review these figures before verifying or approving the document. Dennis Holtz, 20471 Bushard Street, map area #52, stated that after reviewing a petition opposing the rezoning of map area #52, he spoke to some of the people who had signed the petition. Mr. Holtz stated that some of the people felt they had been misled by the tactics used, and the false statement made by the petition fliers. He submitted to the Commission four (4) letters from individuals retracting their name from the petition. PC Minutes - 12/12/95 21 (pcm043) Wayne Wedin, Ocean View School District, map area 495 (Crest View School), stated that he had pre -meetings and preliminary approval from the City Council School Surplus Sub -Committee regarding the rezoning to Commercial General on half of the site. Mr. Wedin felt that the Commission had not been given adequate data regarding the situation and asked that this area be pulled for further discussion with the Commission, staff and surrounding neighbors regarding the plans for the site. Julie Warren, 20501 Montauk Circle, map area 452, spoke in opposition to designating this area Commercial General. Dr. James R. Tarwater, Superintendent Oceanview School District, map area #95 (Crest View School), asked the Commission to withhold action on this area for further discussion with residents, Planning Commissioners- and staff. Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, representing Huntington Beach Company, requested that the Commission formalize the request to have sections of Orange Avenue eliminated from the Specific Plan by making a recommendation to the City Council. George Naff, 20491 Castle Rock Circle, map area 952, spoke in opposition to designating this area Commercial General. Randy Case, 350 S.-Grand Avenue, Lbs'Angeles, representing Metropolitan Water District, map area 478, asked the Commission to reconsider their vote to retain the Open Space Recreation designation and change to the GPAC recommendation of a Residential Low Density designation. - 1 ichard Harlow, 21 i-B Main Street; reptesentiifg Koll Real Estate group; map area #78,' stated that they were opposed to an Open Space Designation in this area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED., A MOTTON MADE BY LIVENGOOD, SECOND BY SPEAKER TO ACCEPT THE FINAL STRAW VOTES TAKEN TO APPROVE LAND USE DESIGNATION CHANGES, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None - MOTION PASSED PC Minutes - 12/12/95 22 (p=043) A MOTION MADE BY LIVENGOOD, SECOND BY SPEAKER TO ACCEPT THE FINAL STRAW VOTES TAKEN TO APPROVE OUTSTANDING ISSUES MATRIX, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO ADOPT RESOLUTION NO. 1509 WITH A STATEMENT OF OVERRIDING CONSIDERATIONS AND RECOMMEND CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT NO. 94-4 AS COMPLETE AND ADEQUATE TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER TO ADD MITIGATION MEASURES OF DRAFT ENVIRONMENTAL IMPACT REPORT �- NO. 94-1 TO GENERAL PLAN AMENDMENT NO. 94-2, BY THE FOLLOWING VOTE: - AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None w ABSENT: Gorman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECOND BY TELLOTSON, TO APPROVE THE STRIKE OUT VERSION OF DRAFT GENERAL PLAN AS AMENDED AND FORWARD TO CITY COUNCIL WITH RECOMMENDATION FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT"Borman ABSTAIN: None MOTION PASSED PC Minutes - 12/12/95 23 (pcm043) A MOTION WAS MADE BY KERINS, SECOND BY TILLOTSON TO INCLUDE IN THE INTRODUCTION SECTION OF THE GENERAL PLAN A PRE -AMBLE CREATED BY THE GENERAL PLAN CITY COUNCIL/PLANNING COMMISSION SUBCOMMITTEE, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECOND BY TILLOTSON, TO ADOPT RESOLUTION NO. 1510 RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO.94-2 AS AMENDMED BY THE PLANNING COMMISSION TO THE CITY COUNCIL FOR FINAL REVIEW AND ADOPTION, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-I PLANNING COMMISSION MINUTES DATED OCTOBER 24. 1995: A MOTION WAS MADE BY KERINS,SECOND BY TILLOTSON, TO APPROVE THE PLANNING COMMISSION MINUTES DATED OCTOBER 24, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Kerins, Tillotson ALOES: None - ABSENT. Livengood, Gorman, Speaker ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS N0NF1 _ . PC Minutes - 12/12/95 24 (p=043) El E. PLANNING COMMISSION ITEMSANOUIRIES E-1 PLANNING COMMISSION SUBCOMMITTEE REPORTS Commissioner Biddle - stated that a City Department had recently removed an illegal tree house from his front yard tree at City expense. Commissioner Biddle stated that he felt he should have been billed. Public Works representative Dave Webb, stated that the billing process would have cost more that going out and removing the illegal unit. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Melanie Fallon, Director - expressed her appreciation to staff for their hard work and a job well done on the General Plan Update. Ms. Fallon restated actions taken at the December 4, 1995 City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Melanie Fallon. Director - reviewed items for the January 9, 1996 Planning Commission meeting- G. ADJOURNMENT Adjourn to the December 19, 1995, annual Holiday Party at 6:00 PM at Studio Cafe, 300 Pacific Coast Highway, Huntington Beach, CA. A MOTION WAS MADE BY TILLOTSON, SECOND BY SPEAKER, TO ADJOURN TO THE ANNUAL HOLIDAY PARTY, DECEMBER 19, 1995 AT 6:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED /kjl APP VED BY: and Ze of Sec taryPlanning Commission ChairpeAon PC Minutes - 12/12/95 25 (p=043)