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HomeMy WebLinkAbout1996-01-23MINUTES N HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 23. 1996 STUDY SESSION - 6:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE Council Chambers - Civic Center 2000 Main Street Huntington Beach, California P P P P P A P '- ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker AGENDA APPROVAL 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 CONDITIONAL USE PERMIT NO. 95-100/COASTAL DEVELOPMENT PERMIT NO.95-38 (REFERRED BY THE ZONING ADMINISTRATOR): APPLICANT: TNR Development Corporation LOCATION: Between Pecan Avenue and Frankfort Avenue, east of Lake Street PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 95-100 and Coastal Development Permit No. 95-38 represent a request to allow temporary use of an abandoned railroad right-of-way by prospective homeowners of I0 single family residences at 500 Lake Street. Temporary use will include domestic yards, gardening, parking, and storage. City Council authorization of lease agreement will be required prior to commencement of the temporary use. The main issues involved in the analysis of this request are General Plan compatibility, land use compatibility, and site maintenance. Letters in opposition have been received from three adjacent property owners. This request was referred to the Planning Commission by the Zoning Administrator on December 20, 1995, because it was felt that the proposal should have the review of the Planning Commission.. STAFF RECOMMENDATION: Planning Staff recommends approval of the temporary use of the abandoned railroad right-of-way for the following reasons: s It will remove a blighted condition. • The proposed use will be temporary in nature and will have periodic review by Community Development and Administrative Services at time of lease renewal. s The temporary use will allow site restoration if the City determines that mass transit activities will be developed on the site in conformance with the General Plan. • A buffer will be provided along the east property line to reduce visual and noise intrusion on the existing residential devel6l1ment. A homeowners association will be created to monitor the temporary use and to maintain common areas. • No permanent structures will be permitted. o No parking or storage, except in small storage sheds, will be permitted. The Commission asked staff if the residents from Alabama Street had applied for use of the _ subject property either individually.or coIIectively, and if so what were they told. Staff stated that individuals had inquired about applying for use of the subject property, but were told it was not available now or in the future. THE PUBLIC HEARING WAS OPENED. Peter L. Greenfield, 3698 California Avenue, Long Beach, adjacent property owner, stated that he had approached the City many times and was told that the area was not available for lease under any circumstances as it must be maintained as a railroad right-of-way. He stated that the residents of Alabama Street feel they should have the right of lease. He also stated that he opposed the applicant's proposal as iLwould allow.vehicle.parking adjacent to their property, thereby devaluing their property. . Marie St. Germain, 505 Alabama Street, adjacent resident, stated that she had approached the City regarding a lease of the subject property and was told it was not available for lease as it was a railroad right-of-way. She stated that she is opposed to the applicant's proposal as it would allow car and RV parking adjacent to their homes and possibly devalue their homes. She stated that she would support an open space, green belt area. Jim Banks, 505 Alabama Street, adjacent resident, stated that he had approached the City regarding a lease of the subject property and was told it was not available for lease as it was a railroad right-of-way. He spoke in opposition to the applicant's request. Vincent Alvino, adjacent resident, spoke in opposition to the applicant's request as it violates the sphere of how the City acquired the land in 1987. He also stated that the Alabama street residents should have first right of lease. 1 PC Minutes - 1/23/96 2 (PCM045) Mario Domas, 7621 Alberta Drive, adjacent resident, spoke in opposition to the request as stated by the previous speakers. Paul Dochmaschewsky, 513 Alabama Street, adjacent resident, spoke in opposition to the request as stated by the previous speakers. Robert Millay, 509 Alabama Street, adjacent resident, stated that he was in favor of clean-up and landscaping at the cost of the developer, but he opposed the use for RV storage, parking or any type of building. He felt the subject property should be kept a greenbelt and maintained by the City for the common good of the community. Joy Millay, 509 Alabama Street, adjacent resident, spoke in opposition to the request as stated by the previous speakers. Monique Colyer, 511 Alabama Street, adjacent resident, spoke in opposition to the request as stated by -the previous speakers. Y Tim Roberts, TNR, representing applicant, gave a brief history of the site. He stated that the condition of the subject property would have a negative impact on the sale of the project homes, therefore, they were not opposed to absorbing the costs of leasing and improving the subject site. Mr. Roberts also stated that they were not opposed to joining with the Alabama Street residents to develop a single homeowners association, and create a solution for the area. He stated they were open to negotiations to come to a compromise. - THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff who made the decision to lease, the subject propertywhen and why,,_ and what type of precedent would their action set. Staff stated that the applicant had approached the City's Real Estate Department with the request. Because of the financial difficulties the City currently faces, staff felt that leasing the land would be equitable- and tried to establish the best use for the City and the community. Staff stated that dealing with one entity for the entire site would be the best solution, as opposed to ten (10) different property owners. They also -stated_that the final Iease agreement must be approved by the City Council and it would set a precedent=far-this type of land use. Commissioner Kerins stated that as this would set a precedent for any property on a railroad right-of-way perhaps a policy should first be written and then a decision on this request could be made. Commissioner Holden agreed with Commission Kerins but stated that since the project is currently ready to go, they could postpone their action for 30-40 days thereby coming to an amicable agreement and forward to City Council as a model policy. The Commission agreed to a continuance to allow the applicant, Alabama residents and City staff to meet and come up with a recommendation. PC Minutes - 1/23/96 3 (PCM045) A MOTION WAS MADE BY SPEAKER, SECOND BY GORMAN, TO CONTINUE CONDITIONAL USE PERMIT NO. 95-100 AND COASTAL DEVELOPMENT PERMIT NO. 95-38 FOR 45 DAYS (MARCH 12, 1996), TO ALLOW FOR FURTHER REVIEW, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED B-2 TENTATIVE TRACT NO. 14740/CONDITIONAL USE PERMIT NO. 94-32 (SEABRIDGE VILLAGE): APPLICANT: Michael Fein LOCATION: Sea6ridge Village (East side of Beach Boulevard, south of Adams Avenue) PROJECT PLANNER: Susan Pierce Tentative Tract No. 14740 and Conditional Use Permit No. 94-32 represent a request to permit a three lot subdivision on Lot 6 Tract 11886 for the purpose of constructing 20 attached residential units with recreational amenities. The conditional use permit also is a request to permit a new parking area and two park areas. The- -properties are vacant oil production sites within the Seabridge Village planned community. STAFF RECOMMENDATION: Staff is recommending approval of the project for the following reasons: • The project is consistent with the objectives of the Seabridge Specific Plan in achieving a development adapted to tFie terrain and compatible witli the surrounding environment. • The project provides a viable reuse of resource production areas. • The project will not be detrimental to the general health, welfare, and safety, or detrimental or injurious to the value of property and improvements of the neighborhood of the City in general because the project incorporates better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. • The environmental assessment adequately addresses potential impacts of the project. The analysis indicates that with mitigation measures no adverse impacts will be created. • The proposed project is consistent with the Land Use Element's Planned Community Iand use designation and the Housing Element of the General Plan. 1 :- PC Minutes - 1/23/96 4 (PCM045) 1 Staff stated that additional suggested conditions had been added since the printing of the staff report. The changes included that automatic fire sprinklers shall be required throughout all buildings which are in excess of 5,000 gross square feet for the conditional use permit and that the developer shall design and construct the private sewer system required to serve the development for the tentative tract map. THE PUBLIC HEARING WAS OPENED. Michael Fein, 221 Main Street, Suite H, applicant, stated that he was in agreement with staffs report and was available to answer any questions. Commissioner Biddle asked Mr. Fein if he was aware of the changes to the conditions made by staff and if they were acceptable to him. Mr. Fein stated that he was aware of them and was in agreement. Commissioner Biddle asked the applicant if he had made an agreement with the school district. Mr. Fein stated that they had asked for addition fees, and he had agreed to pay them. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated that he would be voting against approval of this request because the original approval did not allow an additional 20 units, and although City Council had agreed to allow this, -he was in. -disagreement. - — -- A MOTION WAS MADE BY LIVENGOOD, SECOND BY GORMAN, TO APPROVE TENTATIVE TRACT MAP NO. 14740 AND CONDITIONAL USE PERMIT NO.94-32 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Speaker' NOES: Kerins ABSENT: Tillotson ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14740: Tentative Tract Map No. 14740 for a 20 lot subdivision for 20 multi -family residential units is consistent with the goals and policies of the Huntington Beach General PIan including the Housing ;and Land Use Elements. The proposed project is consistent with the Planned Community land use designation of the General Plan. PC Minutes - 1/23/96 (PCM045) 2. The site is physically suitable for the type and density of development. The site is relatively flat and physically suitable for the proposed density. Seabridge Specific Plan Area was previously studied for this intensity of land use at the time the General Plan designation of Planned Community was implemented. The proposed 20 unit medium density residential subdivision is consistent with the maximum 422 units allowed within Area A pursuant to adoption of Zoning Text Amendment No. 94-7. Because oil operations have ceased and have been removed, the site is suitable for the type and density of development proposed. The size, depth, and frontage of the proposed 20 lot subdivision for 20 multi -family residential units are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 3. The design of the subdivision and proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. 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. Negative Declaration No. 94-18 with mitigation measures indicates that the proposed project will not create any substantial adverse impacts. There are no fish or wildlife on the site. 4. The design of the subdivision with private access way within the Seabridge Specific Plan area does not conflict with public access easements. The subdivision will obtain public access from Beach Boulevard and Adams Avenue and will not affect any existing easements along those streets.. ,There are no easements acquired by the -public at large for -access through the proposed subdivision. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-32: 1. _ The establishment, maintenance and operation of the use 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. a. The location, site layout, and design of the proposed 20 multi -family residential units, new park areas and parking Iot properly adapts the proposed structures to streets, driveways, and. g4ther adjacent" structures and uses in a harmonious manner. The project's design, includes setbacks and building bulk compatible with the design of the existing developments within the Seabridge Specific Plan area. b. 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 highways or within the Seabridge Village community. Additional guest and resident parking will be provided by the new parking lot. c. The proposed project will allow a viable reuse of resource production areas and incorporates better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. PC Minutes - 1/23/96 6 (PCM045) 2. The proposed project will not adversely affect the General Plan of the City of Huntington Beach. The proposed development of 20 multi -family residential units, additional park areas and parking lot are consistent with the Planned Community land use designation of the General Plan. It is also consistent with the General Plan goal to encourage and maintain a well balanced variety of residential densities. 3. The planned residential development for 20 multi -family residential units with conditions of approval conforms to the Seabridge Specific Plan provisions applicable to Area A and applicable provisions of Titles 20-25 of the Zoning and Subdivision Ordinance. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-32: The site plan, floor plans, and elevations received and dated September 8, 1995, shall be the conceptually approved layout 2. No exposed retaining walls shall be permitted unless approved by the Community Development Department. 3. No structures shall be permitted on the park areas that will prevent or obstruct the natural flow of flood waters. 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 transformers, on the site plan. They shall be prohibited in the front. and exterior side 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 device. 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 ofcooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. c. If foil -type insulation is to be used, a fire retarding type shall be installed as.approved by theBuilding Division and indicated on the floor plans. d. Use of reflective or glare producing finishes or building materials shall be minimized. (mitigation measure) 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. PC Minutcs - 1/23/96 7 (PCM045) g. A geology report shall be submitted to Public Works Department which addresses Earthquake Hazard Zone requirements for the project area. The report shall be approved by the City and the State Geologist prior to issuance of building permits. (mitigation measure) h. Patio areas for all ground floor B units shall be increased to provide a minimum 10 feet x 10 feet paved surface and a total of 200 square feet of private recreational open space. i. The conditions of approval shall be printed verbatim on the cover sheet of all plans submitted for plan check. 5. Prior to issuance of grading permits the following shall be completed: a. Ordinance No. 3314 (Zoning Text Amendment No. 94-7) shall be effective. b. The developer shall obtain a National Pollutant Discharge Elimination System (NPDES) Permit for construction activities from the Regional Water Quality Control Board. Evidence that the permit has been obtained shall be submitted to the City Engineer. (PW) c. Final design elevations of grading shall not vary from the elevations shown on the tentative map by more than one (1) foot. (PW) d. A Landscape Construction Set must be submitted to -the Public Works Depat tment and shall be approved by Community Development Department and the Parks, Trees, and Landscape Division of Public Works. 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.'- Said landscape -plan shall include an inventory of trees proposed to be removed with trunk diameter at 4 ft.-6 in. above grade, quantity, and type of tree indicated. The - 1-andscape plans shall be in conformance with Chapter 232 of the Huntington Beach ZSO. 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 `16-inch-56x frees, which shall be incorporated into the project's landscape plan. Soil percolation and agricultural tests shall'be conducted prior to landscape plan preparation to determine suitable plant material selections for the previous oil sites. (PW) e. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site solid sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. (PW) f. A parking lot striping plan shall be submitted and approved by the Director for the reuse of Lot 7 Tract 11870. n L 1 11 PC Minutes - 1/23/96 8 (PCM045) 6. Prior to issuance of building permits, the following shall be completed: a. The following Fire Department notes shall be noted on the building plans: 1) All roadways shall comply with City Specification 9401. Minimum roadway width shall be 24 feet. All turns and turnarounds shall be a minimum 17 feet by 45 feet radius turns. Roadways shall be marked and posted as fire lanes to comply with City Specification #415. (FD) 2) On -site fire hydrants shall be provided in number (approximately 3) and at locations specified by the Fire Department. (FD) 3) Automatic fire sprinklers shall be required throughout all buildings which are in excess of 5,000 gross square feet. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) 4) The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification 9422 and 4431 for the abandonment of oil wells and site restoration. (FD) 5) The project shall comply with all provisions of the Huntington Beach Municipal Code Section 10.04.085 and City Specification 4429 for new construction within the _ methane gas.overlay district. (FD) _ 6) Water mains and fire hydrants shall be installed -and in service prior to combustible construction. The water system shall be looped with two connections. (FD) 7) All roadways shall be completed to the base course of asphalt prior to any combustible construction. (FD) -` 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. 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. e. A structural engineering study shall be submitted to the Public Works Department which evaluates proposed foundation designs with respect to the groundshaking and liquefaction hazards. (mitigation measure) PC Minutes - 1/23/96 9 (PCM045) f. Submit to Community Development Department a flood elevation certificate for each residential building and a floodproofing certificate for the restroom/equipment building. Following completion of each building, a flood certificate shall be submitted to Community Development Department indicating the "as -built" lowest floor. (mitigation measure) g. Submit a copy of a recorded deed which restricts the use of the park areas (Lot 2 Tract 14740 and Lots 4 and 5 Tract 11886) to open space use and allows no structure that will prevent the natural flow of flood waters. h. Compliance with the State Handicapped Regulations including access for the disabled from the public way to the entrance and within the building for all ground floor units or submit documentation to justify exemption. 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. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 9. 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.t Use low sulfur fuel (.05%) by weight) for construction equipment; 1 d. _ Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); 0,7-Discontinue construction during second stage smog alerts and during winding conditions where winds exceed speeds of 15 miles per hour locally or when blowing dust becomes a nuisance as determined by the Director of Public Works. (mitigation measure) Y,F f_ Stage the construction areas and access areas to such as far from existing residences as practical. (mitigation measure) g. An on -site qualified archaeologist shall monitor all earth moving activities. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the public Resources Code relative to Native American Remains. Should the coroner determine the human remains to the Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. (mitigation measure) PC Minutes - 1/23/96 10 (PCM045) 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. All landscaping of common areas shall be complete. c. Compliance with all conditions of approval specified herein shall be accomplished. d. 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) e. The developer shall request a street name change from Sealpoint Circle to Sealpoint Lane and install new street name signs for Sealpoint Lane. (PW) 11. Conditional Use Permit No. 94-32 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. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 14740: 1. The tentative tract map received and dated August 7, 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: - a. Ordinance No. 3314 shall be effective. b. The developer shall submit a separate utility plan sllowing water system improvements, including service connections to each building, fire �ydrants, 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) c. Each proposed building shall have a separate domestic water service per Water Division Standard Plans. (PW) d. The water system shall be designed per the City of 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) PC Minutes - 1/23/96 11 (PCM045) e. 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) f. Fire hydrant locations shall be approved by the Fire Department. Fire hydrant laterals shall be located within vehicular travel -ways. (PW) g. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the private sewer system required to serve the development. (PW) h. The storm drain system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. (PW) i. The following dedications shall be required: 1. Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system. (PW) 2. An easement over the private streets for police and fire department access purposes. (PW) 3. The water system and appurtenances as shown on the improvement plans for this tract. ._ (PW)- j. 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 7-9-33- and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. (PW) k. 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) 1. The developer shall use "drought tolerant" plants and turf for all common area . landscaping. (PW) - m. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The calculations shall demonstrate that (1) the development will not result in increase runoff volume during a 100 year, AMC III conditions, or that downstream portion of the Seabridge project shall have the ability to store any increased volume from a 24 hour event, with the Adams Avenue Pump Station being non operational, without flooding living spaces, and that (2) any increase in peak stormwater discharges from the site, from a 100 year, AMC III condition, can be either stored on -site, or can be accommodated in downstream systems upstream of the Adams Avenue Pump Station. Calculations may. be based on either the unit hydrograph method or the rational method using calculated times of concentration for each use. (PW) PC Minutes - 1/23/96 12 (PCM045) n. The applicant shall submit an affordable housing plan which provides for 10% of the total units (equal mix of 2 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 first unit. 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 (3ayears), 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 an in -lieu fee resolution is adopted prior to recordation of the final tract map. At least 60 days prior to recordation of the final 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, parking areas, and common landscape areas by the Homeowner's Association. The CC&R's must be in recordable form prior to recordation of the map. 4. The tract shall be annexed into the existing Seabridge Village Homeowner's Association. 5. Lot 2 shall have a deed restriction limiting the use of the lot to open space purpose only and no structures shall be permitted which obstruct or prevent the natural flow of flood waters. CODE REQUIREMENTS: L All applicable Public Works fees shall be paid. 2. All applicable local, State and Federal Fire Codes, Ordinances, and standards shall be met. . 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. r 4. The Planning Commission reserves the right to revoke Tentative Tract Map No. 14740, and Conditional Use Permit No. 94-32 if any violation of these conditions or the Huntington Beach Municipal Code occurs. 5. Payment of the Traffic Impact Fees shall be made prior to the final inspection of the first unit. 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes - 1/23/96 13 (PCM045) B-3 ANNUAL REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT: APPLICANT: Robert Mayer Corporation/City of Huntington Beach LOCATION: North side of Pacific Coast Highway between Huntington Street and Beach Boulevard PROJECT PLANNER: Mary Beth Broeren The Waterfront Development Agreement is an agreement between the City of Huntington Beach and Robert L. Mayer Corporation for development of the Waterfront project. Annual review of the Waterfront Development Agreement (Development Agreement No. 91-3) is required pursuant to the Agreement. STAFF RECOMMENDATION: Since the Robert Mayer Corporation is in compliance, staff recommends determination of compliance and forwarding to the City Council for review and acceptance. THE PUBLIC HEARING WAS OPENED. Shawn Millbern, 660 Newport Center Drive, Newport Beach, representing applicant, stated he wished to clarify their position regarding the affordable housing condition in the Analysis section of the report. The staff report states that an affordable housing plan be submitted and approved before the second phase of the Waterfront project. Mr. Millbern stated that they had submitted a plan and staff had acknowledged their submittal. - - THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE 4 REQUEST AND THE PUBLIC HEARING WAS CLOSED. , Ca3nmissitmer Kerins asked staff to comment,on the applicants d6mmenfs regafding the' affordable Housing plan. Sta'stated that the document had been"submitted, but it can not be ° approved until a final count on the number of residential units had been approved. A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO DETERMINE THAT THE ROBERT MAYER CORPORATION IS IN COMPLIANCE WITH THE WATERFRONT DEVELOPMENT AGREEMENT AND FORWARD TO CITY - COUNCIL FOR REVIEW AND ACCEPTANCE, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED PC Minutes - 1/23/96 14 (PCM045) B-4 REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT NO. 90- 1 - COMPLIANCE REPORT: APPLICANT: City of Huntington Beach LOCATION: Holly-Seacliff Seacliff Specific Plan Area PROJECT PLANNER: Robert Franklin The Holly Seacliff Development Agreement No. 90-1 requires Seacliff Partners to prepare an annual monitoring report. The Development Agreement also requires staff to prepare a compliance report both of which ascertain good faith compliance by the Developer and the City with the terms of the agreement and evaluate the annual progress associated with required improvements in the Holly Seacliff area. Staff has reviewed the 1995 annual monitoring report prepared by Seacliff Partners and has determined that the developer has complied with the requirements of the development agreement. STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept the 1995 compliance report and forward to the City Council for review and acceptance. THE PUBLIC HEARING WAS OPENED. Gerald Chapman, 6742 Shire Circle, stated that he believes the applicants are in compliance with the exception of street lighting in .the Hampton area. He stated that he felt it was the City who was dragging their feet by not completing the infrastructure work. He'urged the Commission to include wording that if the City could be found in default they would be. Suzanne Beukema, 9052 Christine Drive, President Friends & Neighbors of Seacliff, spoke in support of approval of the compliance report. Bill Holman, Pacific Coast Homes, 23 Corporate Plaza Drive 4250, Newport Beach, representing developer, gave a brief explanation'of their compliance of this year. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff if the City was not in compliance. Staff stated that they feel the Developer and City are both in compliance to date. The Commission also stated that along with their approval of compliance they would like to send a message to City Council relaying there concern regarding the acquisition of a site for the water reservoir. PC Minutes - 1/23/96 15 (PCM045) A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO DETERMINE THE DEVELOPMENT AGREEMENT IS IN COMPLIANCE AND FORWARD TO CITY COUNCIL WITH RECOMMENDATION THAT THE ACQUISITION OF PROPERTY FOR THE RESERVOIR BE CONSIDERED A HIGH PRIORITY, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 ' PLANNING COMMISSION MINUTES DATED NOVEMBER 14. 1995 A MOTION WAS MADE BY GORMAN, SECOND BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 14, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED 1� NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Livenzood - stated that he had been approached by the applicants of the approved Bed & Breakfast on Main Street. He said the applicants had disputed a condition of approval they had received and questioned staff as to the process when this situation occurs. Staff stated that an error had been made on a condition of approval. Further, the letter had been corrected and forwarded to the applicants. Staff stated the procedure for this situation is review of the Planning Commission video tape. If an error is found on staff s part they will correct and revise the Notice of Action letter. If staff does not agree with the applicant's interpretation, the matter would be referred back to the Planning Commission for their interpretation. PC Minutes - 1/23/96 16 (PCM045) Commissioner Gorman - asked staff the status on the California Coastal Commission White Hole hearings. Staff stated that they were waiting for a draft Ordinance to be approved by the City Attorney's Office and it would then be forwarded to the Planning Commission. Commissioner Biddle - amended the Planning Commission Committees/Staff Liaison list. He stated that he would be the Design Review Board Liaison, replacing Commissioner Gorman. Commissioner Livengood requested to be the alternate, instead of the liaison, to the Subdivision Committee and was replaced by Commissioner Kerins. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planninz Director - stated that the League of California Cities was holding their annual Planners Institute on Friday, March 20-22 at the Long Beach Convention Center, and to let staff know if they wished to attend. Mr. Zelefsky also restated actions taken at the January 16, 1996 Planning Commission meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - stated that there may be only one item for the next Planning Commission meeting. He also asked the Commission if they would like to hold a Planning Commission workshop. Commissioner Biddle - stated that if there would be only one item for the next meeting let him know and he would cancel the meeting. He also stated that a Planning Commission workshop would be good and he and Vice -Chairperson Kerins would get together with staff to create an agenda. G. ADJOURNMENT A MOTION WAS MADE BY GORMAN, SECOND BY SPEAKER, TO ADJOURN TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM ON FEBRUARY 13, 1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED /kjl APP VED BY: 2- 11vvand Zele , Se reta Planning Commission Chairper on PC Minutes - 1/23/96 17 (PCM045)