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HomeMy WebLinkAbout1996-04-09APPROVED 5/28/96 ---------------- ---------------- MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 9, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM (Agenda Review) REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P A P P 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 COASTAL DEVELOPMENT PERMIT NO. 95-39NARIANCE NO. 95-32 (APPEAL) (SANITATION DISTRICT) (CONTINUED FROM MARCH 26, 1996): APPLICANT: County Sanitation Districts of Orange County APPELLANT: Councilmember Tom Harman and County Sanitation Districts of Orange County LOCATION: 22212 Brookhurst (approximately 2,200 feet north of Pacific Coast Highway, adjacent to the Santa Ana River). PROJECT PLANNER: Mary Beth Broeren Transmitted for Planning Commission consideration are two appeals of the coastal development permit and the variance which were approved by the Zoning Administrator on January 10, 1996. This item was continued from the March 26, 1996 Planning Commission meeting to allow staff time to resolve conditions of approval. The applications represent a request to construct two structures at Treatment Plant No. 2 operated by the County Sanitation Districts of Orange County. One of the structures is an 86 foot high surge tower that will replace a 55.5 foot high tower and be located approximately 400 feet closer to Pacific Coast Highway. The applicant has requested a variance for the surge tower because it exceeds the maximum 40 foot height permitted for the property. The applicant has indicated that the new location is necessary because of the presence of seismic faults at the location of the existing tower and that the variance request is necessary in order to accommodate projected flows. The second structure is a 3,200 square foot pump station that will replace an existing 400 square foot station. The new pump station is required because of projected demand for water flows. The first appeal is by Tom Harman, City Councilmember, who expressed concerns about negative visual impacts from Pacific Coast Highway. The second appeal was by the applicant because of two conditions of approval pertaining to water issues. The applicant has agreed to include the City in a facility master plan effort to begin late this summer. As part of that effort, landscaping and other aesthetic concerns will be evaluated. Staff believes that this will adequately address the visual impact issues raised in the appeal. Regarding the two conditions of approval appealed by the applicant, staff has achieved a resolution on one condition of approval pertaining to the number of water connection pipes. The Public Works Department is working with the applicant to resolve the other issue regarding the purchase of reclaimed water for landscaping and hopes to provide additional information at the public hearing. STAFF RECOMMENDATION: Staff recommends that the Planning Commission uphold the Zoning Administrator's approval of Coastal Development Permit No. 95-39 and Variance No. 95-32 based on the following considerations: The pump station and surge tower have been designed to meet projected demand. These two components are integral to the operations of the wastewater treatment plant which provides a service that is essential for the health and safety of Huntington Beach residents and businesses. The facilities master plan effort will evaluate aesthetics of the site, including landscape and mural alternatives, and will result in projects that will minimize negative visual impacts of the facilities. Commissioner Kerins asked staff why eucalyptus trees could not be used as the additional landscaping along the Pacific Coast Highway side of the facility to better shield views from Pacific Coast Highway. Daryl Smith, Superintendent of Parks, Trees and Landscape Division, stated that the soil conditions and winds from the ocean create an environment PC Minutes - 4/9/96 2 (p=049) unsuitable for this type of tree. He also stated that the Fish and Game Department opposed eucalyptus and other species as they have a raptor effect which hides predatory birds, therefore, threatening the existing wildlife in the wetlands area. They could however, substitute trees of similar type that would be compatible with these conditions, and shield views from Pacific Coast Highway. He also stated that the type of trees would be restricted to approval by the Fish and Game Department as the area was adjacent to the wetlands. Commissioner Tillotson asked staff if larger trees could not be planted to encourage more rapid progress of growth and stated that she would like to see the size of the box trees to be planted stated in the conditions of approval. Daryl Smith, Superintendent of Parks, Trees and Landscape Division, stated that in this type of soil smaller trees will actually grow better and larger as they have a better chance to acclimate to the soil. He stated that seed was actually preferably as the trees would become indigenous to the land. Scott Hess, Senior Planner, stated that the City will continually monitor the landscaping process and the Sanitation District will work closely with the City during the process. THE PUBLIC HEARING WAS OPENED. Jon Ely, 22051 Hula Circle, stated that the visual ugliness of the plan continues to be imposed on the southern gateway to our City. He stated that Condition No. 2 was vague and only requests that final landscape plans be submitted to the Planning Commission for information. He recommends that plans for any future mitigation plan should be approved by the Planning Commission prior to final approval of this request, not presented as information at some future time. Mr. Ely stated that Condition No. 2.b allows the applicant a phasing plan identifying timing for landscape improvements to be completed over the next two years. He feels the wording should be changed to "to be completed in conjunction with construction of the proposed surge tower or over a maximum of two years." Lastly, Mr. Ely stated that Condition No. 3 stated that the applicant would only be required to include the City of Huntington Beach as a team member in a facilities master plan which will only examine ways in which to improve the aesthetics of the project site, including landscaping and muraling. He stated that according to the staff report a Site and Security Landscape Masterplan has been on the books since 1986. He feels the Sanitation District should update this plan with the guidance of City staff and present such an updated, detailed version of the plan for approval by the Planning Commission in a timely fashion. Such a plan including substantial visual mitigation of the Pacific Coast Highway side of the sewage facility should be required and approved before the permit/variance is allowed. He urged denial of the request with the finding that the conditions of approval do not provide adequate assurance that the Sanitation District's facility will be visually mitigated in a substantial or timely manner. PC Minutes - 4/9/96 3 (p=049) n David Ludwin, Director of Engineering for the Orange County Sanitation District, stated that the District is concerned with how they are perceived by the neighbors. He stated that the District will work closely with the City on the type of plant material used for screening. He also stated that the surge tower height was necessary for the function of the tower. Mr. Ludwin stated that the District is pulling landscaping forward to coincide with the construction of the surge tower. The Commission asked Mr. Ludwin if the new surge tower could be repositioned further back from Pacific Coast Highway. Mr. Ludwin stated that the relocation of the surge tower was due to its position on an earthquake fault. The position designated is the only option. The Commission questioned staff as to the length of the project from start to finish. Mr. Ludwin estimated commencing construction in September/October with a duration of one to one and one-half years. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed modifications and additions to the findings and suggested conditions of approval relative to landscaping requirements. A MOTION WAS MADE BY KERINS, SECOND BY LIVENGOOD, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION AND APPROVE COASTAL DEVELOPMENT PERMIT NO. 95-39 AND VARIANCE NO. 95-32 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes - 4/9/96 4 (p=049) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 95-39: 1. The request to permit a 3,200 square foot pump station and an 86 foot high surge tower conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed landscaping and mural improvements will improve the appearance of the treatment facility, and completion of the project will promote the Coastal Element goal of providing adequate community facilities within the Coastal Zone. The surge tower will be located at a facility which already includes several other towers and structures which, because of their size, height and stark appearance, may be considered to impact views. The proposed tower will not significantly add to these impacts but because of its height will be visible from Pacific Coast Highway. The proposed landscaping improvements are designed to minimize impacts of the proposed tower and existing structures. Further, the tower will be located at the southeasterly end of the site and will not be visible from the residences on the west side of Brookhurst Avenue. The proposed pump station and surge tower will not impact public access because they are in an area where none exists. 2. Coastal Development Permit No. 95-39 is consistent with the CZ suffix zoning requirements, the M1-A Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed development will conform with all applicable City codes. The proposed pump station and surge tower involve the reconstruction and relocation of existing facilities located within the County Sanitation Districts of Orange County Wastewater Treatment Plant No. 2. The pump station will conform to all applicable City codes. The surge tower will conform to all City codes with the exception of the maximum height limit of 40 feet. The overall 86 foot height of the proposed surge tower has been approved through the granting of Variance Number 95-32 which has been processed concurrently with the Coastal Development Permit. 3. At the time of commencement of operations, the proposed pump station and surge tower will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. Infrastructure currently exists to the site. Any modifications to infrastructure required as a result of development of this project have been included as conditions of approval. 4. The proposed pump station and surge tower conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the new construction. PC Minutes - 4/9/96 5 (p=049) FINDINGS FOR APPROVAL - VARIANCE NO, 95-32: 1. The granting of a variance for an 86 foot high surge tower ( 98 feet MSL) in lieu of maximum 40 foot height will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed surge tower will be part of the facilities at the existing County Sanitation Districts of Orange County Wastewater Treatment Plant 2. This land use is necessary for the health and safety of the residents and businesses of Huntington Beach. The height of the surge tower is necessary to accommodate the increased wastewater treatment capacity necessitated by current and projected population increases. Any land use in an identical zoning classification which provided a service that was critical for the health and safety of City residents and businesses could be anticipated to be granted a similar variance that was deemed necessary for health and safety reasons. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Strict application of the Zoning Ordinance would deprive the property of its ability to operate the Treatment Plant at its optimum capacity and accommodate future demand. Other industrial uses in the MI -A zoning classification can operate optimally because their successful operation is not determined solely by their ability to directly accommodate population increases. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. In order for the County Sanitation Districts of Orange County to meet the wastewater treatment needs of the regional population, it must have the capacity to function at a level which meets these needs. As the population grows, the waste treatment capacity must also increase. The height of the surge tower is determined by the capacity of the treatment plant. Granting a variance from the height restrictions will enable the Treatment Plant to continue to provide the service it was granted approval to provide at this specific site. 4. The granting of the variance 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. The granting of a variance will enhance the public welfare because it ensures that the County Sanitation Districts of Orange County can provide adequate wastewater treatment service which is necessary for the health and safety of the residents and businesses of Huntington Beach. PC Minutes - 4/9/96 6 (pcm049) CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 95-39/ VARIANCE NO. 95-32: 1. The site plan, floor plans, and elevations received and dated November 13, 1995 for the surge tower and December 12, 1995 for the pump station shall be the conceptually approved layout. 2. The County Sanitation Districts of Orange County shall work with the Department of Public Works to augment and modify the landscape plans dated February 15, 1996. The Department of Public Works shall submit suggested modifications to Drawings No. L101 and L102 within 30 days of this approval. The County Sanitation Districts of Orange County and the City of Huntington Beach shall work cooperatively in an effort to improve the visual appearance of the plant as viewed from Pacific Coast Highway. The revised landscape plans shall be submitted to the Planning Commission for final review and approval (non-public hearing item) prior to commencing construction of the pump station and surge tower. The landscape plans shall also include the following: a. Additional landscaping between the proposed pump station and the blockwall along Brookhurst Street. The plant material shall be of sufficient height at maturity to effectively screen the portion of the proposed pump station that will extend above the existing blockwall and shall be installed within the one month of completion of the pump station. b. Additional landscaping along the Pacific Coast Highway side of the facility shall be provided and shall include vines on the wall and trees, such as eucalyptus, which will effectively shield views from Pacific Coast Highway. c. A phasing plan identifying timing for landscape improvements to be completed over the next two years in conjunction with construction of the surge tower and pump station. (PW) 3. The County Sanitation Districts of Orange County shall include an urban design element in the Phase II strategic plan. The strategic plan shall be prepared by the applicant with active participation from the City of Huntington Beach Public Works staff to develop a mutually acceptable urban design element of a strategic plan. The urban design element shall address, but not be limited to, the following items: a. Landscaping b. Murals c. Interim Land Uses d. Facility Siting e. Community Education f. Architectural Features PC Minutes - 4/9/96 7 (p=049) 4. Prior to construction, the applicant shall comply with the following: a. A flood -proofing certificate shall be provided to the Planning Division. b. Submit drawings for the proposed water system improvements to the Water Division for review and approval. All water system improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW) 5. The use shall comply with the following: a. Insure that the water system is capable of meeting the required fire flow of 2500 GPM. (FD) b. The proposed water system improvements shall conform to the State Department of Health Services California Code of Regulations, Title 17, including Section 7603 titled "Location of Backflow Preventers, subsection (a); "Air -gap Separation." The water service lateral between the property line and the air -gap tank shall be located a minimum of six (6) inches above ground and painted medium blue, Dunn -Edwards No. 10-1-VF51652, with white stenciling. The stenciling shall appear on both sides of the pipe with the marking "City Potable Water" in one -inch letters repeated every 24 inches. (PW) c. If the meters are not to be located in the public right-of-way, the applicant shall be responsible for the preparation and execution of all utility easements/agreements required by the City granting the City the same rights and privileges as if the meters were located in the public right-of-way. These rights and privileges shall include (but are not limited to) 24 hour access, maintenance and testing. The City shall be responsible for the ownership and maintenance of the water facilities/ appurtenances between the mainline and up to and including the meter assembly. (PW) d. The water system design shall include appropriate water hammer protection, consistent with documented civil engineering industry practices, and acceptable to the Water Division. (PW) e. The project shall be served by a minimum of one (1) water service connection from the sixteen inch water main in Brookhurst Street. The service connection shall not be joined together on the "public" side of the meter. (PW) f. All existing water services shall be abandoned at the water main per City of Huntington Beach Water Division's Standard Plans and Specifications prior to the City's final acceptance of the proposed water system improvements. This includes any irrigation services currently serving the site. (PW) PC Minutes - 4/9/96 8 (p=049) g. The landscape areas shall be maintained in a neat and clean manner. h. Note on plans: Fire extinguishers shall be provided and located in areas to comply with the Huntington Beach Fire Code Standards. 6. The Planning Commission shall be notified in writing if any changes in structure height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. The Planning Commission reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 7. 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. INFORMATION ON SPECIFIC CODE REOUIREMENTS: The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 2. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 3. The applicant shall obtain an encroachment permit for work done in the public right- of-way. 4. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code. The Planning Commission reserves the right to revoke Coastal Development Permit No. 95-39 / Variance No. 95-32 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 6. Coastal Development Permit No. 95-39 / Variance No. 95-32 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 - 4/9/96 9 (p=049) B-2 CONDITIONAL USE PERMIT NO, 95-84 WITH SPECIAL PERMITS/ COASTAL DEVELOPMENT PERMIT NO.95-25/NEGATIVE DECLARATION NO 95-11 (STANDARD MARKET): APPLICANT: Mohommed and Adel LOCATION: 126 Main Street (southeast corner of Main Street and Walnut Avenue). PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 represent a request to demolish a historic structure built in 1928 and construct a 9,475 square foot two-story commercial building with special permits for waivers from code required alley dedication, rear yard setback, and build -to line on Main Street and on Walnut Avenue. The applicant also requests participation in the in -lieu parking fee program. The proposed Mediterranean designed building will consist of approximately 4,584 square foot restaurant area and 4,890 square foot retail commercial area. Parking will be provided pursuant to the Downtown Parking Master Plan and payment of in -lieu parking fees. STAFF RECOMMENDATION: Staff recommends approval of the project with modifications that delete and/or modify the special permit requests based upon the following: • The project layout with modifications will create a better development, be consistent with the intent of the Downtown Specific Plan. • The proposed project with modifications will reduce the canyon effect along Main Street, provide additional view, light, and air corridors, and improve the pedestrian scale of the building. • Outdoor opportunities to encourage pedestrian activity will be provided. • Parking will be provided via the Parking Master Plan and payment of in -lieu parking fees at full cost recovery. • The proposed building uses will be compatible with the Visitor Serving Commercial land use designation of the General Plan and surrounding land uses. THE PUBLIC HEARING WAS OPENED. Harry Monck, 211-13 Main Street, project designer, stated that based on the variations within the City, the project conforms with the overall intent of the standards. He stated that since this is a 50 foot lot and very narrow, staffs recommended changes would create a bad design. He urged approval of the request as submitted by the applicant. PC Minutes - 4/9/96 10 (p=049) 1 Richard Harlow, 211-13 Main Street, representing applicant, stated that the current building occupies 100% of the site. He said the proposed request will construct a building of lesser site coverage and rid the City of an eyesore. He stated that he disagrees with the staff regarding the denial of the special permits. He stated that the new building would be attractive and enhance the downtown area and urged the Commission to approve the request as submitted by the applicant. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The following straw votes were taken regarding the Special Permits: Straw vote motion by Livengood, second by Kerins, to deny Special Permit No. 1, which requests waiver of 4.5 ft. alley dedication requirement and approve Special Permit No. 2, which requests zero rear yard setback in lieu of three foot setback. Motion passed 6-0: Gorman -Absent. Straw vote motion by Livengood, second by Tillotson to approve, Special Permit No. 4, which requests half of the building (first and second floors) on Walnut Avenue at the zero foot setback and the remaining half at a five foot setback for the first floor and a three foot setback for the second floor in lieu of the five foot "build - to" line (setback). Motion passed 4-0: Kerins/Speaker-No; Gorman -Absent. Straw vote motion by Livengood, second by Holden, to approve Special Permit No. 3, which requests two foot setback for the first floor and zero foot setback for the second floor on Main Street in lieu of a five foot "build to" line (setback). Motion passed 4-0: Kerins/Biddle-No; Gorman -Absent. The Commission concurred with denial of Special Permit No. 1, but stated their support for Special Permits Nos. 2, 3, & 4. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE TO APPROVE NEGATIVE DECLARATION NO.95-11, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes - 4/9/96 11 (p=049) A MOTION WAS MADE BY LIVENGOOD, SECOND BY HOLDEN, TO APPROVAL CONDITIONAL USE PERMIT WITH SPECIAL PERMITS NOS. 2, 3, & 4, AND COASTAL DEVELOPMENT PERMIT NO. 95-25 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95- 84: The establishment, maintenance and operation of a 9,475 sq.ft. two story building 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 a. The project layout is consistent with the intent of the Downtown Specific Plan. b. Parking will be provided by the Downtown Parking Master Plan and payment of in -lieu parking fees. c. The project is consistent with the Visitor Serving Commercial land use designation of the General Plan. 2. Conditional Use Permit No. 95-84 with Special Permits for a 9,475 sq.ft. two story building will be compatible with surrounding uses because : a. Views will not be blocked and light and air corridors will be provided. b. The proposed project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 3. Conditional Use Permit No. 95-84 with Special Permits for the proposed 9,475 sq. ft., two-story building will comply with the provisions of the base district, which is Downtown Specific Plan District 3, 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. PC Minutes - 4/9/96 12 (p=049) 4. The granting of the conditional use permit with special permits for a 9,475 sq.ft. two story building will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. b. Promote the development of services and facilities to support a tourist industry. c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which are varied in type and price. d. Preserve and enhance visual resources within the coastal zone. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits were approved: a) zero rear yard setback in lieu of minimum three feet; b) two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of 5 feet "build -to" line (setback); c) half of the building first and second floors on Walnut Avenue at a zero setback in lieu of 5 foot "build -to" line; and d) a three foot setback for the second floor adjacent to Walnut Avenue, in lieu of five foot "build -to" line (setback), promote a better urban environment. There are significantly greater benefits from the project to be provided than would occur if all the minimum requirements were met. The special permits allow a larger second floor deck area. 2. The special permits provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The varying setbacks provide for more variation in building facades and are compatible with surrounding developments. 3. The special permits are consistent with objectives of the DTSP in achieving a development adapted to the terrain and compatible with the surrounding environment. The project provides setbacks compatible with construction in the vicinity. FINDING FOR DENIAL - SPECIAL PERMIT 1. The special permit for waiver of 4.5 foot alley dedication was denied because it does not promote a better urban environment. The existing alley constrains vehicular activity associated with fire and police safety, deliveries, and trash collection. PC Minutes - 4/9/96 13 (p=049) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 95-25• 1. The development project conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 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 proposed development as modified by conditions of approval will conform to all applicable city codes, as modified by the special permits. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to the City's current standards and specifications. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 95-84/ COASTAL DEVELOPMENT PERMIT NO. 95-25: 1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect the following modifications: a. A 4.5 foot alley dedication shall be provided. b. A plaque shall be incorporated into the building design identifying the historic significance of the of the site. c. Reduce the width of the columns to minimize their interference with the building. d. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of the Community Development Department to include area(s) to accommodate signage. e. The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue frontages to the property line except in areas designed for landscaping. PC Minutes - 4/9/96 14 (p=049) 2. 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 yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. 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. c. Elevations shall depict colors and building materials proposed and as approved by the Design Review Board. d. 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. 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. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The Design Review Board and the Community Development Department shall review and approve the following: (1) Revised site plan and elevations as modified pursuant to Condition No. 1. (2) Historical plaque language and placement. (3) Planned Sign Program. h. Maximum separation between building wall and the southwesterly property line shall not exceed two (2) inches. i. The reference page for the working drawings for building, plumbing, electrical, and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. PC Minutes - 4/9/96 15 (p=049) j. Fire Department requirements shall be noted on the building plans: 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: a) water flow, valve tamper and trouble detection and b) 24 hour supervision. (FD) 2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and UBC standards. Shop drawings will be submitted to and approved by the Fire Department. (FD) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) Elevators will be sized to accommodate an ambulance gurney minimum six (6) foot, eight (8) inches wide by four (4) foot, three (3) inches deep with minimum 42 inch opening. (FD) 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) 7) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. (FD) 8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay districts. (FD) 3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed: a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and construction vibration impacts to not adversely affect off -site structures. (Mitigation Measure) PC Minutes - 4/9/96 16 (p=049) L b. The applicant shall complete comprehensive documentation of the project as it currently exists. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be submitted to the City and archivally maintained with provisions for public access. The costs associated with preparation of the documentation shall be the responsibility of the property owner; maintenance costs shall be the responsibility of the City. (Mitigation Measure) c. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, fully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) d. Any hazardous substances contained on the site shall be identified and removed in compliance with City, State, and Federal standards. (Mitigation Measure) e. Any asbestos contained on -site or in the existing structure shall be identified and removed in compliance with City, State, and Federal standards, including an asbestos abatement program to be reviewed and approved by the Building Official. (Mitigation Measure) 4. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect indicating all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Downtown Specific Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by the Public Works Department and the Community Development Department. (PW) c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). (This plan, in addition to grading, shall include all of the required off -site requirements.) (PW) PC Minutes - 4/9/96 17 (p=049) d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 302, including installation of a 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW) e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works Department. (PW) f. The developer shall install new six (6) inch sewer lateral located in the alley. (PW) g. The developer shall submit a separate utility plan, showing water service connections to the proposed building 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) h. The proposed building shall have a separate two (2) inch minimum domestic water service with backflow protection, and a four (4) inch minimum fire service assembly per Water Division Standard Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue. (PW) i. The water system shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Plans and Specifications. (PW) j. The existing water service located within the alley shall be abandoned, at the main, per Water Division Specifications. (PW) k. The developer shall provide adequate screening of the proposed backflow prevention devices for both the domestic water service and the fire service assembly. Both backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. The location of the backflow device shall be approved by the Water Division, Planning Division, and the City Landscape Architect prior to installation. (PW) (Mitigation Measure) All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure) m. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block 103 of the Huntington Beach Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the recorded map filed with the Department of Community Development. PC Minutes - 4/9/96 18 (p=049) 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. o. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. p. The property owner shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the front property line (Main Street). q. Participation in the in -lieu parking fee program shall require a Declaration from the property owner. Said declaration shall indicate the total number of parking spaces required and the amount of spaces to be provided by payment of in -lieu fees. A copy of the legal instrument shall be approved by the City Attorney as to form and content and when approved, shall be recorded in the Office of the Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of Community Development. (Resolution Nos. 6720 and 6721) r. Participation in the in -lieu parking fee program shall require payment by the property owner at full cost recovery paid by the applicant. s. If the property owner elects to pay the in -lieu parking fee in installments, a lien in favor of the City shall be recorded on the property and first year payment shall be submitted to the Department of Community Development. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and e. Discontinue construction during second stage smog alerts. PC Minutes - 4/9/96 19 (p=049) 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. 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. e. The existing alley shall be widened in conformance with Public Works Standards. f. The existing sidewalk, curb, and gutter on Walnut Avenue shall be removed and replaced in conformance with Public Works standards. 7. This conditional use permit and coastal development permit shall not become effective until Local Coastal Program Amendment No. 95-1 incorporating Precise Plan of Street Alignment No. 94-1, has been approved by the California Coastal Commission. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) An encroachment permit shall be required for all work within the City right-of-way. (PW) 4. 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. 5. Construction activities shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. A conditional use permit is required prior to the sale of alcoholic beverages pursuant to the code. PC Minutes - 4/9/96 20 (p=049) 7. A conditional use permit is required prior to commencement of live entertainment or outdoor dining pursuant to the code. 8. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions, the Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. 9. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MARCH 26 1996 A MOTION WAS MADE BY SPEAKER, SECOND BY HOLDEN TO APPROVE THE PLANNING COMMISSION MINUTES DATED MARCH 26, 1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Livengood - asked staff to include in the Planning Commission Workshop on April 19, 1996, topics to cover which entitlements go to the Zoning Administrator and which to the Planning Commission. He also asked to include when and why an applicant would be required to underground utility poles and the estimated costs. PC Minutes - 4/9/96 21 (p=049) 1 Commissioner Biddle - stated that he and Commissioner Speaker had been appointed to the Housing Element Sub -Committee and would be reporting on its progress. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planninz Director - restated actions taken at the April 8, 1996 City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - discussed items for the April 23, 1996, Planning Commission meeting. G. ADJOURNMENT: Adjourn to the April 19, 1996, Planning Commission Workshop at 12:00 PM A MOTION WAS MADE BY BIDDLE, SECOND BY LIVENGOOD, TO ADJOURN TO A 12:00 PM PLANNING COMMISSION WORKSHOP IN ROOM B-8 ON APRIL 19, 1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED /kjl APPROVED BY: and Zelei Secret PC Minutes - 4/9/96 22 Planning Commission Chairperson (p=049)