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HomeMy WebLinkAbout1996-03-12APPROVED: 2 6 / 96. MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 12, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Agenda Review) REVIEW PRELIMINARY REDEVELOPMENT PLAN AMENDMENTS - Stephen Kohler REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A P P P P P P 41 ROLL CALL: Holden, Livengood, Kerins, Biddle, Gorman, 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) (CONTINUED FROM THE JANUARY 23, 1996, PLANNING COMMISSION MEETING: 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 10 single family residences at 500 Lake Street. Temporary use will include domestic yards, gardening, parking, and storage. City Council authorization of a 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. This project was continued from the January 23, 1996, to allow a meeting with staff, applicant, adjacent property owners, and representatives of the Planning Commission to discuss other alternatives for use of the right-of-way. Staff held two meetings at which the applicant, staff, property owners, and Planning Commissioners agreed that a revised project to allow only a grassy area for use by property owners on each side of the right-of- way was the preferred alternative. STAFF RECOMMENDATION: Planning Staff recommends approval of the temporary use of the abandoned railroad right- of-way as a grassy area for the following reasons: • It will remove a blighted condition. • The proposed use will be temporary in nature and will have periodic review by Community Development, Public Works, and Administrative Services during the entire lease period. • 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 landscape buffer will be provided along the property lines to enhance the aesthetics of the site. • No permanent structures will be permitted. • No parking or storage will be permitted. PC Minutes - 3/12/96 2 (PCM047) THE PUBLIC HEARING WAS OPENED. Jim Banks, 505 Alabama Street, spoke on behalf of the residents on Alabama Street who had met with staff and the applicant. Mr. Banks stated that the residents were satisfied with the plans except for the requirement for the applicant to install a separate water meter and the shrubbery buffer around the perimeter. He stated that the water meter was an undue cost burden to the developer as there was currently a means to water the area, and the high shrubbery around the perimeter could conceal people creating a safety hazard. Tim Roberts 5200 Warner Avenue, applicant, stated that the meetings between the residents, staff and himself had been successful and all were in agreement except the conditions to require a separate water meter and a shrubbery buffer. He stated that the irrigation to the proposed request could be provided by the new homes and the existing homes on Alabama. He also stated that the shrubbery buffer could create a safety hazard, and would prefer to see a more open and visual area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff if they had any problems with the applicant's request to use the current water system for irrigation. Staff explained that they had no technical concerns with the request, but were concerned that if a property were sold the subsequent owner may not be willing to participate in the shared irrigation. The Commission concurred with the applicant regarding the shrubbery buffer and stated that a landscape groundcover could be used. The Commission also requested that if approved, at the end of the first year of operation of the temporary use, the applicant shall submit a project status report to the Department of Community Development and transmit to the Planning Commission for their information. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 95-100 AND COASTAL DEVELOPMENT PERMIT NO. 95-38 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED PC Minutes - 3/12/96 3 (PCM047) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95- 100• 1. The establishment, maintenance and operation of the abandoned railroad right-of- way for passive recreation 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 because the use will remove a blighted situation from neighborhood, the use will be maintained in accordance with a lease and/or license agreement, and allow temporary use by the residential developments to the east and west. 2. The proposed landscaping and use of the abandoned railroad right-of-way for passive recreation will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of Chapter 241 applicable to temporary uses. Conditions of approval will ensure the operation and maintenance of the temporary use of the abandoned railroad right-of-way in a manner compatible with existing uses on adjoining properties and in the surrounding area. A buffer will be provided along the ultimate right-of-way. 3. Conditional Use Permit No. 95-100 for temporary use of the abandoned railroad right-of-way will be compatible with surrounding uses because the temporary use will be used as a passive recreation area for the Lake Street new homes and residential development to the east on Alabama Street. It will retain the site for future mass transit. Termination of the lease and/or license agreement will occur with implementation of a transit facility or by City Council action due to nonperformance of the lease and/or license agreement. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 95-38: 1. The development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. It will allow temporary use while preserving the site for future mass transit 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The temporary use will improve the appearance of a visually degraded area. 3. At the time of use the proposed temporary use can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. An irrigation system will be available to service the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. PC Minutes - 3/12/96 4 (PCM047) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.95-100/ COASTAL DEVELOPMENT PERMIT NO. 95-38: 1. The site plan received and dated March 12, 1995, shall be the conceptually approved layout. 2. The applicant shall enter into a lease and/or license agreement with the City prior to improving the property. 3. Within 30 days of execution of the lease and/or license agreement, the following shall be completed: a. Four sets of landscape and irrigation plans to the Department of Public Works for review and approval. Said landscape plan shall include an inventory of trees proposed to be removed with the trunk diameter at 4 ft.-6 in. above grade, quantity, and type of tree indicated. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and a copy of conditions of approval. The landscaping area shall be provided with an irrigation system that is either serviced by individual systems connected to each household on Lake Street or one (1) water service connection. The Landscape plans shall be approved, prior to construction, by the Public Works Park, Tree and Landscape Division and the Public Works Water Division. The developer shall submit irrigation demands to ensure proper irrigation service sizing. (PW) b. The applicant shall submit proof of insurance, as required by the lease and/or license agreement, to the Department of Public Works for review and approval by the City Attorney. c. The applicant shall post a cash or surety bond with the City Treasurer to guarantee site maintenance and insurance liability as required by the lease and/or license agreement. 4. Within 60 days of execution of the lease and/or license, landscaping and irrigation shall be installed per the approved plan and specifications. (PW) 5. Use of the site shall comply with the following: a. The parking of vehicles, inoperable or operable, shall not be permitted. b. No storage shall be permitted. PC Minutes - 3/12/96 (PCM047) 1 c. No structures shall be permitted. d. If perimeter fencing is proposed, maximum fence height shall be 42 inches. No other fencing shall be permitted. 6. The applicant shall be responsible for returning the site to its original condition, if deemed necessary by the City, at the termination of the lease and/or license agreement. 7. At the end of the first year of operation of the temporary use, the applicant shall submit a project status report to the Department of Community Development and transmit to the Planning Commission for their information. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. An encroachment permit shall be required for all work within the 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, including the Public Works Arboricultural/Landscape Standards and Specifications.. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-100 and Coastal Development Permit No. 95-38, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 6. Conditional Use Permit No. 95-100 and Coastal Development Permit No. 95-38 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. PC Minutes - 3/12/96 R (PCM047) B-2 CONDITIONAL USE PERMIT NO. 95-91 (CONTINUED FROM THE FEBRUARY 27, 1996, PLANNING COMMISSION MEETING): APPLICANT: Richard Brumfield LOCATION: 16351 Springdale Street (west side of Springdale Street, north of Heil Avenue). PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 95-91 represents a request to permit installation of a 1,600 sq.ft. modular classroom building and to increase enrollment from 62 preschool children to 84 preschool/kindergarten children. The private preschool is currently operating at an existing church facility and the modular building is located at the rear. Operation of the preschool/kindergarten facility occurs between the hours of 6:30 AM and 6:00 PM Monday through Friday. The application was continued from the February 27, 1996, meeting to allow the applicant an opportunity to revise the project to address concerns raised at the public hearing. The applicant has requested additional time to finalize the revisions. STAFF RECOMMENDATION: Planning Staff recommends continuance to the March 26, 1996, Planning Commission meeting. A MOTION WAS MADE BY SPEAKER, SECOND BY GORMAN, TO CONTINUE CONDITIONAL USE PERMIT NO.95-91 TO THE MARCH 26, 1996, PLANNING COMMISSION MEETING, AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED PC Minutes - 3/12/96 7 (PCM047) B-3 CONDITIONAL USE PERMIT NO. 95-93NARIANCE NO. 95-28• APPLICANT: Nabil Kahale LOCATION: 7412 Talbert Avenue (south side, approximately 250 feet east of Gothard Street). PROJECT PLANNER: Wayne Carvalho Conditional Use Permit No. 95-93 and Variance No. 95-28 represent a request to permit an existing 1585 square foot addition to remain to an existing 2000 square foot automotive repair building for the BMWK Auto Inc. business. The request includes a variance for seven parking spaces in lieu of 18 required spaces and reduced landscaping (82 square feet, and 2'-6" wide street side planter in lieu of minimum 600 square feet, and a six foot wide planter). The building addition, which was constructed without permits, has been occupied and in operation since 1982. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 95-93 and Variance No. 95-28 based on the following reasons: • The existing building addition was constructed in 1982, and has been operating ever since without any adverse impacts to surrounding properties or improvements. • The reduction in required parking will not be detrimental to the surrounding properties as it has been in operation for over 14 years. • The addition will allow the property owner to secure his vehicles within the addition which will prevent further criminal activity. • The addition is consistent with the General Industrial land use designation of the General Plan. • The applicant has agreed to remove the addition, or provide additional parking to meet code, prior to the sale of the property. THE PUBLIC HEARING WAS OPENED. Brunilda L. Cronk, 18312 Hartlund Lane, adjacent property owner, spoke in opposition to the request. PC Minutes - 3/12/96 8 (PCM047) Robert F. Cronk, 18312 Hartlund Lane, adjacent property owner, distributed a response to staff report and reasons for opposition packet to the Commission. He stated that he opposed the project due to the negative impacts it will have on his adjacent property, such as, flooding, lack of parking, current construction not to current code for door size and inside parking widths and area, future property owners impacted, doing repairs outside of building, no handicap parking or unloading area, and liability of City should any person or property be injured as a result of approval of major deviation for accepted and existing codes, standards and requirements as placed upon other land owners and permit and variance applicants. Marlene Corday, employee of BMWK, stated that the building did meet the code requirements of 1982, when it was built. She also stated that the applicant had hired Robert Cronk to purchase the adjacent property for him so they could expand, but Mr. Cronk breached the contract and bought the property for himself. She stated that this is the time the complaints started to occur to the Code Enforcement Division. Bill Kahale, applicant, stated that he was available to answer any questions the Commission may have. The Commission asked Mr. Kahale about the work going on in the existing addition. Mr. Kahale stated that this area was used for smog inspections. They also questioned him about Fire Department Inspections. Mr. Kahale stated that the Fire Department has been inspecting the property for 14 years and during that time there had been only one citation regarding a valve repair, which was immediately fixed. Mr. Kahale also stated that he would do whatever staff recommended. Mr. Kahale explained to the Commission that he had proposed a long term solution for the flooding to Mr. Cronk, but Mr. Cronk was not interested. Richard Harlow, representing applicant, stated that the garage/service addition bay was built in 1982. The current owner of the business was not aware that the building was constructed without a permit. Also, since the building met zoning code requirements in effect at the time the building was constructed, there would have been no difficulty in obtaining permission to construct the building. Mr. Harlow also stated that current landscaping code requirements are impractical to meet because the original building which is located in the front portion of the lot originally conformed to code because the building only had a two (2) foot, six (6) inch setback. This is all the landscaping that can be provided in front of the building. He also stated that customers vehicles are parked on -site by an employee of BMWK. This allows more efficient use of the available parking area and allows more cars to be parked on -site. Mr. Harlow requested that Condition No. 3.d be changed to reflect five (5) inches, in -lieu of two (2) inches. He also requested that condition No. 4.a. be changed to allow a covenant to be recorded to consolidate the four (4) lots, in -lieu of a final tract map. Mr. Harlow stated that the applicant is agreeable to off -site parking and is currently trying to secure an agreement within the immediate area PC Minutes - 3/12/96 9 (PCM047) 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 recording of a covenant to consolidate the four (4) parcels in -lieu of a final tract map is possible. Staff stated that the applicant could do so by applying to the Zoning Administrator for a Waiver of Final Tract Map, which must meet six (6) requirements of code before approved. The Commission asked Legal Counsel what would become of the lawsuit currently pending after their action of approval or denial this evening. Paul D'Alessandro, Deputy City Administrator, stated the pending litigation brought about by the City would go forward whether the Commission approved or denied the request. The Commission asked Public Works staff if the flood issues could be resolved. Dave Webb, Public Works, stated that a joint solution between the adjacent property owners would probably be necessary which could include adding roof gutters or swale, but further analysis would be necessary for a conclusion. Mr. Webb requested that a condition be added to address this concern. He suggested that a grading/drainage plan identifying proper surface drainage be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit, if necessary). The Commission requested that staff also add conditions to allow the applicant the opportunity to secure off -site employee parking with the incorporation of a ride share program, allow no washing, polishing, or inspection of the vehicles on a public street and review periods of three (3) months, six (6) months and one (1) year. A MOTION WAS MADE BY LIVENGOOD, TO INCORPORATE A CONDITION REQUIRING ONE-WAY TRAFFIC CIRCULATION ON -SITE WITH ENTRANCE FROM TALBERT AVENUE, EXITING TO HARRIMAN AVENUE; MOTION DIED FOR LACK OF A SECOND. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO.95-93 AND VARIANCE NO. 95-28 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Tillotson, Speaker NOES: Biddle, Gorman ABSENT: Holden ABSTAIN: None MOTION PASSED PC Minutes - 3/12/96 10 (PCM047) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-93: 1. The existing 1585 square foot building addition to an existing 2000 square foot automotive repair building will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of property and improvements in the area. With the conditions imposed, the operation of the automotive repair business will not impact the surrounding properties or property values. 2. With the exception of the variances granted under Variance No. 95-28, the proposed building addition will comply with the provisions set forth in Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance. The use will also comply with other applicable provisions of Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance to the extent feasible. 3. The granting of Conditional Use Permit No. 95-93 for the will not adversely affect the General Plan. The existing 1585 square foot industrial addition is consistent with the Land Use Element designation of General Industrial on the subject property. FINDINGS FOR APPROVAL - VARIANCE NO. 95-28: 1. The granting of a Variance No. 95-28 for a reduction in required parking (7 spaces in lieu of min. 18 spaces), and landscaping including total area (82 sq.ft. in lieu of min. 600 sq.ft.) and street side planter width (2'-6" in lieu of min. 6 ft.) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The addition was constructed over 14 years ago when these improvements, including on -site parking, would have complied with the code in effect at the time. 2. Because of special circumstances applicable to the subject property, including size, shape and surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classification. The lot is less than the minimum 100 foot frontage required by code, which restricts the design and physical development of the property. 3. The granting of Variance No. 95-28 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of the variance will allow for additional repair area and a secured overnight storage area. PC Minutes - 3/12/96 11 (PCM047) 4. The granting of Variance No. 95-28 for reduced parking and landscaping will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan of the City of Huntington Beach. With the conditions imposed, including the recorded covenant on the property, the business will not impact workers or businesses in the surrounding vicinity, nor will the reduction in required parking and landscaping be detrimental to property or improvements in the area. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95- 93NARIANCE NO.95-28: 1. The site plan, floor plans, and elevations received and dated February 26, 1996 shall be the conceptually approved layout. 2. Working drawings for the 1585 square foot building addition shall be submitted to the Department of Community Development within 90 days from the date of this approval. Building permits shall be issued for the building addition and final building permit approval shall occur within 120 days from the issuance of building permits. 3. Prior to submittal for building permits, the applicant/owner shall complete the following: a. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. b. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. c. 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. d. Maximum separation between building wall and property line shall not exceed five (5) inches. e. Provide one (1) hour wall along the property line. No openings shall be permitted through property line wall. A 30 inch high one (1) hour parapet is required. (Bldg.) PC Minutes - 3/12/96 12 (PCM047) f. Provide handicap van stall and unloading zone. Make all required access improvements for disabled employee and customers. (Bldg.) g. Provide evidence to both Building Division and Fire Department that outside spray booth may be situated inside the building. (Bldg.) h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A tentative parcel map consolidating the four (4) lots shall be submitted and approved. A 41.00 foot radius dedication for cul-de-sac purposes off of Harriman Avenue shall be depicted on the tentative and final parcel maps. Unless a Waiver of Final Map is approved, the final parcel map shall be recorded prior to final inspection and a copy submitted to the Department of Community Development. (PW) b. A covenant agreeing that upon the sale of the property, the property owner will either remove the building addition or provide verification that the City's parking requirement can be met. The covenant shall be reviewed and approved as to form by the City Attorney's office and recorded with the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Community Development Department for inclusion in the entitlement file. c. A grading/drainage plan identifying proper surface drainage shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit if necessary). (PW) There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 6. All repair work shall be conducted wholly within the building. Washing, polishing and/or inspection of vehicles on the public street is prohibited. 7. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall have a street improvement plan prepared, by a register civil engineer, for the required improvements on Harriman Street. (PW) b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. PC Minutes - 3/12/96 13 (PCM047) 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. The applicant shall submit a parking plan for five (5) off -site employee parking spaces on private property within the immediate vicinity. The applicant shall be responsible for all costs associated with the design and construction of street improvements on Harriman Avenue adjacent to the project site. Said improvements shall be installed, pending receipt of dedication from the property to the west, within nine (9) months from approval date of this project. Failure to pay for the aforementioned costs shall result in the revocation of this application. (PW) 9. Upon approval of said street improvement plan and dedication of all required right-of- way, the city shall have the required street improvements built to complete the entire cul-de-sac on Harriman Avenue. Should the City construct the required improvements, the applicant shall reimburse the City for his share of the cost. (PW) 10. A review of the use shall be conducted by the staff with a written report to the Planning Commission within three (3) months of the date of this approval, and subsequently at six (6) months and one (1) year to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance. At that time, the Planning Commission may schedule a public hearing to consider modifications to the conditions of approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 4. An encroachment permit shall be required for all work within public right-of-way. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes - 3/12/96 14 (PCM047) 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95- 93 and Variance No. 95-28 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 7. Conditional Use Permit No. 95-93 and Variance No. 95-28 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. B-4 TENTATIVE TRACT NO. 14700/CONDITIONAL USE PERMIT NO. 93- 39/ COASTAL DEVELOPMENT PERMIT NO. 93-23 (REVISION)• APPLICANT: Seacliff Partners LOCATION: Approximately 1,000 feet south of Garfield Avenue between Seapoint Street and Clay Avenue. PROJECT PLANNER: Robert Franklin Seacliff Partners, the subdivider of Tentative Tract No. 14700 which is a 397 lot residential subdivision, has requested a revision to the approved layout which was approved by the Planning Commission on March 15, 1994. The total number of lots will be reduced from 397 lots to 389 lots and a 113,500 square foot recreation open space lot will be created The revision results in a reduction of eight(8) lots. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the revision to Tentative Tract No. 14700, Conditional Use Permit No. 93-39 and Coastal Development Permit No. 93-23 for the following reasons: • The revision will conform to the Holly Seacliff Specific Plan. • Grading profiles will remain essentially the same. • The proposed recreation open space lot will increase the buffer area between the Seacliff Golf Course and the Estates project. • The subdivision is compatible with existing single family residential projects located in the immediate vicinity. PC Minutes - 3/12/96 15 (PCM047) THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, representing applicant, stated that he concurs with staffs report and recommendations with the exception of one (1) change to Condition No. 5 of the tentative tract map to be revised to incorporate the option of Lot C being conveyed to the owner of the adjacent Seacliff Country Club for use as part of the existing golf course. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated their support for the amendment to Condition No. 5 of the tentative tract map as submitted by Mr. Holman. A MOTION WAS MADE BY GORMAN, SECOND BY TILLOTSON, TO APPROVE THE REVISION TO TENTATIVE TRACT MAP NO. 14700, CONDITIONAL USE PERMIT NO.93-39 AND COASTAL DEVELOPMENT PERMIT NO. 93-23 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-39R: 1. The approval of the revision to Conditional Use Permit No. 93-39R 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 because the subdivision and the revision to delete eight lots will increase the buffer area adjacent to the golf course and the Estates project located to the south. 2. Conditional Use Permit No. 93-39R will be compatible with surrounding uses because the surrounding existing residential housing is single family detached. PC Minutes - 3/12/96 16 (PCM047) 3. The revised 389 lot subdivision will comply with the provisions of Planning Area III of the Holly Seacliff Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4. Conditional Use Permit No. 93-39R for will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential. In addition, it is consistent with the following goals and policies of the General Plan: a. Housing Element which requires a mix of housing types and affordable housing. b. Circulation Plan in the Holly Seacliff Master Plan and the Holly Seacliff Specific Plan which is the systematic execution of the General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-23R: 1. The development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program because the revised subdivision conforms to the Holly Seacliff Specific Plan. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All required infrastructure improvements will be provided as required by the Holly Seacliff Specific Plan. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed subdivision is located 300 feet away from the water and is not required to provide lateral or vertical access to coastal resources. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 1470OR: 1. Tentative Tract Map No. 1470OR is consistent with the General Plan and conforms to the Holly Seacliff Specific Plan. 2. The 108 acre site is physically suitable for the type and density of development. A mass grading plan has been issued which will modify the terrain and create proper drainage for the subdivision. The design of the subdivision and the revision will not cause serious health problems or substantial environmental damage. All potential impacts have been addressed by Final Environmental Impact Report No. 89-1. PC Minutes - 3/12/96 17 (PCM047) 3. That the design of the subdivision will not conflict with public access easements. Public access to coastal resources is not required CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 93-39R: 1. The site plan received and dated December 25, 1995 shall be the conceptually approved layout. 2. All previous conditions of approval shall remain in effect. 3. Drought tolerant landscaping materials shall be used in common landscaping areas subject to the requirements of the Landscape Division. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 1470OR: 1. The tentative tract map received and dated March 1, 1996 shall be the approved layout. 2. All previous conditions of approval shall remain in effect. 3. All curb grades shall be 0.50 % minimum. 4. No cross gutter shall be permitted on clay Avenue at "C" Street. 5. Lot C shall be designated as a recreational open space lot. Lot C shall either: a. Be conveyed to the owner of the adjacent Seacliff Country Club for use as part of the existing golf course; or b. Be restricted to prohibit residential development in the subdivision's covenants, conditions and restrictions. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED FEBRUARY 27, 1996: A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 27, 1996, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED PC Minutes - 3/12/96 18 (PCM047) D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INOUIRIES/COMMITTEE REPORTS E-1 APPOINT TWO (2) PLANNING COMMISSIONERS TO THE HOUSING ELEMENT UPDATE AD -HOC COMMITTEE: Commissioner Biddle - appointed Commissioner Speaker and himself to the Committee. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions taken at the March 11, 1996 City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - discussed items for the March 26, 1996, Planning Commission meeting. G. ADJOURNMENT A MOTION WAS MADE BY BIDDLE, SECOND BY SPEAKER, TO ADJOURN TO A 5:30 PM STUDY SESSION ON MARCH 26, 1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED /kjl APPROVED BY: H w rd Zelefsky, Secretary PC Minutes - 3/12/96 19 Planning Commission Chairperson (PCM047)