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HomeMy WebLinkAbout1996-06-11APPROVED 8/13Z26_ MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 11, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:00 PM (Agenda Review) SMALL LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENTS - Howard Zelefsky, Various Speakers ZONING TEXT AMENDMENT NO.95-6 (SIGN CODE REWRITE) - Wayne Carvalho REGULAR MEETING - 7:00 PM Council Chambers - Civic Center Huntington Beach, California PLEDGE OF ALLEGIANCE A P P P P 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. Robert Cronk, spoke in regards to Item D-1, a three (3) month review of Conditional Use Permit No. 95-93 and Variance No. 95-28 (BMWK Auto). Mr. Cronk stated that he had reviewed the submitted plans and felt they were inadequate. He felt that they had been submitted hastily because of the 90 day review period imposed upon them. Mr. Cronk is concerned that the applicant will try to prolong the process and asked the Commission to impose some type of time restriction for the completion of the project. P� B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 96-20 (L.A. KICKBOXING): Applicant: Wade Halverson c/o L.A. Boxing, H.B., Inc. Location: 808 Adams Avenue (south side, approximately 150 feet west of Beach Boulevard). Project Planner: Jane Madera Conditional Use Permit No. 96-20 is a request to establish a 7,200 square foot personal enrichment center (L.A. Boxing) for instruction and personal training in boxing and kickboxing. The facility includes an area for group instruction with heavy punching bags, a weight room, equipment sales, juice bar, and use of an existing racquetball court. The applicant proposes to focus operations on personal training during the day and group instruction or classes during the evenings. The proposed hours of operation are seven days per week from 8:00 AM to 10:00 PM. Availability of parking and compatibility with the adjacent residential uses are the two main issues to be discussed in the following report. STAFF RECOMMENDATION: Staff recommends approval of the request for a personal enrichment boxing and kickboxing training facility based on the following: • The use will not adversely effect the General Commercial Land Use designation of the General Plan and will be consistent with the goals and policies of attracting and maintaining viable commercial uses in the City. • The use will be compatible with the adjacent office building by having peak operational hours (group instruction/classes) during the evening when the office uses are likely to be closed. • The use will be compatible with the adjacent residential uses by remaining open only from 8:00 AM to 10:00 PM and by ceasing all music played in the facility by 10:00 PM. • There is existing parking at the site to provide sufficient parking for the instruction type use. The proposed use requires 22 parking spaces while the building was constructed to provide 24 parking spaces; and there are a total of 85 spaces at the site. Staff stated that an additional condition of approval was being added as 2.g. which would required that all banners on the building be made to conform with code prior to occupying the building. PC Minutes - 6/11/96 2 (p=053) THE PUBLIC HEARING WAS OPENED. Mike McDermott, representing applicant, stated that the proposed business is 80 feet from the two (2) residential dwellings directly behind the building. He stated that there would be a seven (7) foot high block wall and parking would be in the front of the building. Mr. McDermott stated his concern with conditions of approval nos. 2.a. and 2.b. He stated he was concerned that the condition 2.a. requirement that they restripe the lot before occupancy would hold up the scheduling. His concern with 2.b. was the future maintenance of all landscaping at the site. He said they did not have a problem with their portion of landscaping, but were concerned with the responsibility of maintaining all the landscaping at the site. Jeff Ord, representing applicant, stated that they had discussed with the surrounding neighbors that if the music were to become to loud they would turn it down and would work closely with them so that it would not become a problem. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed with the staff possible safeguards to protect the neighbors from noise problems, since the conditions of approval run with the property not the owners of the business. They discussed the possibility of double paned windows in the rear of the building, or mitigation measures that could be enforced if complaints were received. Staff suggested a three (3) to six (6) month review by staff. At that time if there are any complaints a report will be submitted to the Planning Commission. Staff also stated that City code allows Code Enforcement staff to enforce noise complaints and the applicants could be cited or prosecuted for repeat violations. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO.96-20 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. 96-20: 1. The establishment, maintenance and operation of a 7,200 square foot personal enrichment center for boxing and kickboxing instruction 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 can be provided with sufficient parking and all the doors and windows at the rear will remain closed during business hours to reduce any potential noise impacts. PC Minutes - 6/11/96 3 (p=053) C 2. Conditional Use Permit No. 96-20 will be compatible with surrounding uses because at the time the original building was constructed, 24 parking spaces were required and provided. The proposed use requires and can provide 22 parking spaces. Also, the proposed facility will operate mostly in the evening hours when it is likely that the adjacent office uses will not be in operation. Thus, any additional parking needed in the evening hours can be accommodated by using the remaining 61 parking spaces at the site. The proposed establishment of a personal enrichment center for boxing and kickboxing instruction will comply with the provisions of the base district which is and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The existing building was constructed to meet the code requirements in effect at that time, the planter along the east property line will be replanted in accordance with the original landscape plans, and the entire parking lot will be re -striped. 4. The granting of the conditional use permit for establishment of a personal enrichment center for boxing and kickboxing instruction will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. b. Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. c. Promote the introduction of a diversity of uses in Commercial General centers. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-20: 1. The site plan, floor plans, and elevations received and dated April 4, 1996 shall be the conceptually approved layout. 2. Prior to occupying the building (issuance of a Certificate of Occupancy), the following shall be completed: a. Any required building, electrical, or plumbing permits for the work already completed in the facility shall be obtained. PC Minutes - 6/11/96 4 (p=053) b. Compliance with all conditions of approval specified herein shall be accomplished. c. Conditional Use Permit No. 96-20 shall not become effective until the ten (10) day appeal period has elapsed. (Code Requirement) d. Detailed plans must be submitted to the Building Division to demonstrate that the building is designed to meet the requirements of an assembly use. 3. The use shall comply with the following: a. The hours of operation shall be limited to between 8:00 AM and 10:00 PM only, daily. b. Group instruction/classes shall be held after 5:00 PM only, Monday through Friday and at any time during operating hours on Saturday and Sunday. c. Any music played in the facility shall cease by 10:00 PM. d. All doors and windows at the rear of the facility shall remain closed at all times. e. No sign shall be installed without first obtaining appropriate approval from the Community Development Department. (Code Requirement) 4. All banners on the building shall be made to conform with code immediately (by June 14, 1996). 5. The parking lot shall be restriped so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance within 30 days of issuance of Certificate of Occupancy. 6. The planter along the east property line shall be replanted in accordance with the originally approved landscape plans for this site within 30 days of issuance of Certificate of Occupancy. 7. A review of the use shall be conducted by the Staff with staff report to the Planning Commission within three (3) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Traffic Impact Fees, if determined necessary by Public Works, Traffic Engineering, shall be paid at the time of Certificate of Occupancy. (PW) PC Minutes - 6/11/96 5 (p=053) 2. 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. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-20, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. Conditional Use Permit No. 96-20 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. B-2 CONDITIONAL USE PERMIT NO. 96-8/TENTATIVE TRACT MAP NO. 14357 (REVISEDWARIANCE NO. 96-9 (SEAVIEW VILLAGE): Applicant: Bijan Sassounian/Seaview Location: South of Happy Drive between Jolly Lane and Joyful Lane (southwest of Beach Boulevard and Talbert Avenue). Project Planner: Laura Phillips Conditional Use Permit No. 96-8 is a request by Bijan Sassounian/Seaview Village to construct 27 single family homes on individual lots, less than 6,000 square feet in size, as a Planned Unit Development on a 2.3 acre site. The conditional use permit also includes a six (6) foot high perimeter wall on the front property line to exceed the 42 inch high code requirement for walls in required yards, and development on a lot with a grade differential of more than three (3) feet from the high point to the low point. Variance No. 96-9 is a request to allow a portion of the guest parking for the development to be met on a public street (Happy Drive), and to allow encroachment of buildings into the front yard and rear yard setbacks. Tentative Tract No. 14357 (Revised) is a request to divide the existing one (1) lot subdivision into 27 residential lots and a private street. STAFF RECOMMENDATION: Staff is recommending approval of the project for the following reasons: • The project is consistent with the Medium High Density Residential land use designation of the General Plan and with the City's Housing Element because it increases the type and variety of housing in the City. PC Minutes - 6/11/96 6 (p=053) F L _� • The project is consistent with the objectives of the RMH standards and the Planned Unit Development concept of the code in achieving a development that has an integrated design which properly adapts the development to the surrounding terrain and uses in the area. ♦ The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of the improvements in the area. • The project provides good land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, perimeter walls, site layout and design. ♦ The project will provide adequate parking and circulation for residents and guests. ♦ The project will complete the Talbert -Beach Redevelopment area in accordance with the objectives for the area. THE PUBLIC HEARING WAS OPENED. Richard Harlow, 211 Main Street, representing applicant, gave a brief history of the site. He stated his concern regarding the tentative tract map condition no. 2.k. requiring two (2) inch water lines. Mr. Harlow requested a compromise of a one (1) inch water line. He also expressed concern with condition 2.p. regarding school fees. He stated that the original plan had no school fees required, and now they are reducing the number of units. He requested that they be allowed to appeal to the Planning Commission if they could not reach a viable solution with the school district. Jack W. Haley, 16812 Pacific Coast Highway, Sunset Beach, stated that he was the owner of undeveloped adjacent commercial property. He stated he had several concerns regarding the future development of his commercial property adjacent to the residential site. He is concerned with the future residents' complaints regarding possible noise. He is also concerned with drainage as the storm drain is on his property and he does not want the storm drain or catch basin for this proposed project on his property. If a wall is to be built surrounding the proposed project he would like assurance that drainage from his property will be addressed. Bijan Sassounian, 6782 Presidente Drive, applicant, stated he was available to answer any questions the Commission may have. Dr. Marc Bock, 7821 Lori Drive, adjacent Homeowner's Association President, supports the project and its reduced density. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 6/11/96 7 (p=053) The Commission asked staff about reducing the water line from two (2) inches to one (1) inch as requested by Mr. Harlow. Staff stated that if a one inch (1) line were appropriate to accommodate the fire flow, it could be allowed. Staff suggested modifying the conditions to read "appropriate size water lines." The Commission asked staff about the condition regarding negotiations with the school district. Staff stated that this is a policy of the General Plan. The Commission suggested that the first sentence of this condition remain and the rest stricken adding "and shall comply with all General Plan policies relating to school facilities." The Commission questioned staff as to the storm drain on the adjacent commercial property. Staff suggested a condition that would allow staff to make minor alterations to the plan to better accommodate water drainage between the two adjacent properties. A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.96-8, TENTATIVE TRACT MAP NO. 14357 (REVISED), AND VARIANCE NO. 96-9 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. 96-8: 1. The granting of the conditional use permit for 27 single family detached homes, each on a lot that is less than 6,000 square feet in size, will not adversely affect the General Plan because the development is consistent with the Land Use Element designation of Medium High Density Residential on the subject property, and will add to the supply and variety of housing available in Huntington Beach. 2. The proposed project will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the area. The location, site layout, and design of the propose 27 single family detached residential units properly adapts the proposed structures to streets and other adjacent structures and uses in a harmonious manner. The project's design includes density, height, setbacks, and building bulk compatible with the area. 3. The proposed project site's grade differential of five (5) feet will not adversely affect surrounding properties because the project will be graded to slope gradually to the street in order to be compatible with surrounding development and to ensure proper drainage. PC Minutes - 6/11/96 8 (p=053) 4. The project will provide for acceptable parking and circulation, and will not adversely affect surrounding development because the total number of parking spaces on the site exceeds the number required by code. 5. The establishment of a six (6) foot high perimeter wall along the front property line in lieu of 42 inches will provide a better living environment for the proposed residential project, and will be designed to be compatible with the surrounding area. The design of the wall will include four (4) pedestrian access pockets that will contain access gates and landscaping. In addition, the public right-of-way in front of the wall will be landscaped by the developer. 6. The proposed development will comply with the provisions of the base district of RMH and other applicable provisions of Titles 20-25 and any specific condition required in the district, except as noted herein. FINDINGS FOR APPROVAL - VARIANCE NO. 96-9 1. The granting of a variance for 12 guest parking spaces in lieu of 14 spaces, to reduce the front yard setback from 15 feet to 13 feet on lots 19-27 and from 15 feet to 6 feet on Lots 1 and 18, and to reduce the rear yard setback from 10 feet to 7 feet on Lot 4 and from 10 feet to 5 feet on Lot 15, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. A similar parking variance was granted for Seaview North in 1992, and the setbacks provided are similar to those yards provided for other recently approved small lot subdivisions in the City. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site is a narrow, rectangular shaped lot with single family homes to the south and commercial to the east. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. It will allow for the property to be developed as a small lot, single family residential, subdivision which will be similar to developments in the area. 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 project is less dense than its predecessor and is only two (2) stories in height. It will be compatible with surrounding land uses. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14357 (REVISED): 1. The proposed map is consistent with the General Plan because it provides for 27 building sites as a planned unit development (11.7 units per acre). This is below the maximum 57 units (25 units per acre) that could be developed on the site. PC Minutes - 6/11/96 9 (pcm053) 2. The site is physically suitable for the type and density of development proposed because the grade differential is approximately five (5) feet. The site can be graded to accommodated proper drainage and maintain compatibility with surrounding property. 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. No adverse environmental impacts have been identified that cannot be mitigated to a level of insignificance. 4. The design of the subdivision and the type of improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 96-8: 1. The site plan, floor plans and elevations received and dated April 3, 1996, shall be the conceptually approved layout with the following modifications: a. The accent colors on the doors and shutters shall be as depicted on the colored elevations. The materials board should be revised to reflect these brighter colors and be reviewed by the Design Review Board secretary. b. The site plans shall be revised to show the sidewalk width along Happy Drive as minimum four (4) feet, and the planter width as three (3) feet. The sidewalk on "A" Street shall be four (4) feet wide, on the south side. Parking will also be located along the south side of "A" Street. d. There will be no parking in the textured concrete areas shown at the intersections of Happy Drive and "A" Street. e. Depict over -the -hood storage areas in the garage. 2. Prior to submittal for building permits, the following shall be completed: a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. PC Minutes - 6/11/96 10 (p=053) c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. 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. e. Elevations shall depict colors and building materials proposed. 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. Community Development Department shall review and approve revised site plan and elevations as modified pursuant to Condition No. 1. i. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). j. The following shall be noted on the building plans: 1) Fire lanes will designated and posted to comply with City Specification #415. (FD) 2) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 3) Street names. Names of streets must be approve by the Fire Department prior to use. See City Specification #429. (FD) 4) All units on flag lots shall have automatic sprinkler systems installed throughout to comply with Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) 5) Three fire hydrants shall be provided prior to combustible construction. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. (FD) k. Double walls shall be prohibited; prior to constructing any new wall, a plan must be submitted identifying the removal of any existing walls next to the new wall, and shall include necessary homeowner's approval. PC Minutes - 6/11/96 11 (p=053) 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. The landscaping adjacent to the residential access gates on Happy Drive should be restricted to palms or small scale trees to prevent future root damage to the sidewalks. The landscaping along Happy Drive should include palm trees and shrubs. A 36 inch box tree shall be planted in each rear yard. 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). 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 applicant will work with the Public Works Department to provide appropriate radius type corners at the intersections of Happy Drive and "A" Street. (PW) e. Hydrology and hydraulic studies shall be submitted for Public Works approval. (PW) f. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one foot. (PW) g. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. 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 employees, customers, contractors, etc., during the project's construction phase. 4. 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; PC Minutes - 6/11/96 12 (p=053) c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 5. Prior to final approval of the building permit of the first unit, a reproducible mylar copy of the recorded final map, along with 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. 6. Prior to final approval of the building permit for the last 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. Compliance with all conditions of approval specified herein shall be accomplished. c. 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. 7. The use shall comply with the following: a. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required the applicant will be liable for expenses incurred. (FD) b. If traffic accidents become a problem at the easterly intersection of Happy Drive and "A" Street, the applicant will work with the Public Works Department to devise solutions. (PW) c. Any building additions to the single family residential units shall be restricted to the standards contained in this Planning Commission staff report. d. No parking shall be permitted along the north side of "A" Street. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees including Traffic Impact Fees shall be paid. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PW) 2. An encroachment permit shall be required for all work within the right-of-way. (PW) PC Minutes - 6/11/96 13 (p=053) 3. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. Conditional Use Permit No. 96-8 and Variance No. 96-9 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. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-8, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 14357: 1. The tentative tract map received and dated June 6, 1996, shall be the approved layout with the following modifications: a. The catch basin shown on the Tract Map shall be removed, and all drainage shall be to the street. 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 accordance with the provisions of the Subdivision Map Act: a. All vehicular access rights to Happy Drive hall be released and relinquished to the City of Huntington Beach except at private street intersections. b. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. c. The engineer or surveyor preparing the final map shall submit to the County surveyor a digital -graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. d. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. PC Minutes - 6/11/96 14 (pcm053) e. A sewer study, including flow testing at the downstream manhole in Jolly Lane and Joyful Lane upstream of Talbert Avenue, shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. f. The sewer system located within the private street shall be private. g. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. Staff may make minor adjustments to the tentative tract map in order to better address drainage flow. h. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. i. All water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. j. The developer shall submit hydraulic calculations supporting the proposed water system improvements. The minimum water main size shall be eight (8) inches in diameter. k. Lots 4 and 15 shall each be served by an appropriate size water line and meter to accommodate fire flow, per the City of Huntington Beach Water Division Standard Plan No. 603-B. 1. Any existing water services not being utilized for domestic or irrigation services shall be abandoned at the water main and the water meter returned to the Water Division. m. The water system shall be located within vehicular travelways. The developer shall be held responsible for repairing or replacing any enhanced pavement, if the water mains, etc., require repair or maintenance. n. The developer shall provide written notice to prospective buyers that the design of this project precludes and prohibits the installations (now and in the future) of security gates. o. The developer shall construct new sidewalk on Happy Drive. p. The following shall be dedicated to the City of Huntington Beach: 1) The domestic water system and appurtenances within the private streets. 2) Access rights in, over, across, upon and through the private streets within said tract for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system within said tract. 3) An easement located within the private street for Police and Fire Department access purposes. PC Minutes - 6/11/96 15 (p=053) q. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities, and shall comply with all General Plan policies relating to school facilities. 3. At least 60 days prior to recordation of the final tract 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 and common landscape areas by the Homeowners' Association, and Condition of Approval No. 9.c. of Conditional Use Permit No. 96-8. The CC&R's must be in recordable form prior to recordation of the map. 4. An eight (8) foot concrete block wall shall be construction on east property line of Lots 15, 16, 17, and 18 and along the south property line of Lots 13, 14, and 15. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Park and Recreation Fees shall be paid prior to acceptance of the final map by City Council. 2. All applicable Public Works fees shall be paid prior to map recordation. (PW) 3. Traffic impact fees shall be paid at the time of final inspection of the first unit. 4. All new utilities shall be installed underground. B-3 CONDITIONAL USE PERMIT NO. 96-3/VARIANCE NO. 96-2/GENERAL PLAN CONFORMANCE NO.96-3 (CONSTANTINE DRIVE DEVELOPMENT): Applicant: Polygon Communities, Inc. Location: 8166 Constantine Drive (south side, approximately 600 feet east of Beach Boulevard). Project Planner: Laura Phillips Conditional Use Permit No. 96-3 is a request by Polygon Communities, Inc., to construct 29 single family homes as a Planned Unit Development on approximately 2.27 acres. The conditional use permit also includes a six (6) foot high perimeter wall to exceed the 42 inch high code requirement for walls in required yards, and development of lots with a greater than three (3) foot grade differentiation from the high point to the low point. Variance No. 96-2 is to allow a reduced rear yard setback of 8.5 feet for three (3) homes, and to allow a reduction in the number of open guest parking spaces provided. General Plan Conformance No. 96-3 is to allow for a four (4) foot wide vacation of Constantine Drive along the site's frontage. - PC Minutes - 6/11/96 16 (p=053) 0 STAFF RECOMMENDATION: Staff is recommending approval of the project for the following reasons: ♦ The project is consistent with the objectives of the RMH standards and the Planned Unit Development concept of the code in achieving a development that has an integrated design which properly adapts to the surrounding terrain and uses in the area. ♦ The project is consistent with the Medium High Density Residential land use designation of the General Plan and with the City's Housing Element because it increases the type and variety of housing in the City. ♦ The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of the improvements in the area. ♦ The project provides good land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, perimeter walls, site layout and design. ♦ The project will provide adequate parking and circulation for residents and guests. THE PUBLIC HEARING WAS OPENED. Rick Hauser, 15751 Rockfield Boulevard, Irvine, representing applicant, gave a brief description of the project. He stated that they were trying to find an alternative project for this site since townhomes were no longer desirable and felt the proposed small lot configuration would work. Mr. Hauser requested that the proposed two (2) to three (3) foot setback suggested condition on Constantine Drive be eliminated and that the water system mentioned in condition no. 4.1. be public not private. Frank Radmacher, 14841 Yorba Street, Tustin, Landscape Architect, stated that they would encourage approval of the landscape plan submitted by the applicant. Richard Harlow, 211 Main Street, representing applicant, stated that this project has reduced density from the previous proposal, was designed for market conditions and will enhance the existing neighborhood. He supported the proposed request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated his concern with the proposed project's small back yard size. He asked staff if there were any other projects in the City with this size back yard. Staff stated that there were some in the Oldtown and Townlot Districts. PC Minutes - 6/11/96 17 (p=053) The Planning Commission was divided on the issues of project design and the need to provide this type of housing product as an affordable alternative to traditional condominiums or larger detached single family homes. Some Commissioners felt that the project does not provide adequate driveway and guest parking, common recreation area, or setbacks for private yards. Others felt that, since this is a medium density project that is more similar to a condominium or townhome project than a traditional single family subdivision, that the development standards proposed provide an acceptable project that is an affordable option for moderate income families. A MOTION WAS MADE BY TILLOTSON, SECOND BY GORMAN TO ADOPT RESOLUTION NO. 1515 APPROVING GENERAL PLAN CONFORMANCE NO. 96-3 WITH FINDINGS, AND APPROVE CONDITIONAL USE PERMIT NO. 96-3 AND VARIANCE NO. 96-2, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Gorman, Tillotson, Speaker NOES: Livengood, Kerins, Biddle, ABSENT: Holden ABSTAIN: None MOTION FAILS AND ITEM IS AUTOMATICALLY CONTINUED TO THE NEXT SCHEDULED PLANNING COMMISSION MEETING (DULY 9 1996) DUE TO A 3-3 SPLIT VOTE. C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS D-1 THREE MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 95-93/ VARIANCE NO. 95-28 (BMWK AUTO): Applicant: Nabil Kahale Location: 7412 Talbert Avenue (south side, approximately 250 feet east of Gothard Street) Planner Assigned: Wayne Carvalho On March 12, 1996, the Planning Commission conditionally approved Conditional Use Permit No. 95-93 and Variance No. 95-28, a request to permit an existing 1,585 square foot industrial building addition to an existing automotive repair facility, and a reduction in the required number of parking spaces and landscaping. Condition of Approval No. 10 required a three (3) month review to assess the progress on specific conditions of approval. Staff has completed the review and is forwarding the information to the Planning Commission. PC Minutes - 6/11/96 18 (p=053) r� STAFF RECOMMENDATION: Staff recommends that the Planning Commission receive and file the three (3) month status report of Conditional Use Permit No. 95-93 and Variance No. 95-28. The Commission asked staff about the possibility of the applicant trying to prolong the process. Staff stated that a condition had already been imposed requiring the applicant to complete the conditions in 120 days. Staff stated that the Planning Commission had the ability to request a revocation hearing at the final review if all conditions were not met. A MOTION WAS MADE BY GORMAN, SECOND BY SPEAKER, TO RECEIVE AND FILE THE THREE (3) MONTH STATUS REPORT OF CONDITIONAL USE PERMIT NO. 95-93 AND VARIANCE NO.95-28, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Kerins - questioned staff regarding the Zoning Administrator approval of the Bolsa Chica State Beach Campground renovation (Conditional Use Permit No. 96- 21/Coastal Development Permit No. 96-7). He asked staff what the relationship is between the State and City for this type of approval. Staff stated that there are certain areas within the Coastal Zone that fall under City jurisdiction for coastal development permits, and this area fell under City's jurisdiction. Commissioner Kerins also asked staff to evaluate the monthly Work Program distributed to them, and try to condense it by eliminating completed and out of date projects. Staff explained the purpose of the work program and stated they would consider refining the document. Commissioner Biddle - asked staff when his appeal of the Zoning Administrator's approval of Variance No. 96-7 (Trap Room Addition) would be heard by the Commission. Staff stated that it is tentatively scheduled for the July 9, 1996, Planning Commission meeting. PC Minutes - 6/11/96 19 (p=053) Commissioner Gorman - asked staff to investigate the possibility of putting metered parking on the southerly side of Seapoint Avenue, which is currently red curbed, starting at Pacific Coast Highway. Dave Webb, Public Works, stated that he would contact the Traffic Engineer and have a response prepared. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Plannin,- Director - stated that there would be a joint City Council/Planning Commission meeting on June 24, 1996, at 7:00 PM to discuss the Waterfront Hilton Proposal. He also stated that the June 25, 1996, Planning Commission meeting would be canceled and the next regularly scheduled Planning Commission meeting would be July 9, 1996. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - stated that Planning Commission action on Special Sign Permit No. 95-13 (Mobil Monument Sign) had been appealed to the City Council by the applicant. Mr. Hess also stated that a memo had been sent to the Commissioners addressing their concerns regarding the construction of a wall separating Huntington Creek Condominiums from the Amberleaf Circle neighborhood. G. ADJOURNMENT - Adjourn to the June 24, 1996, Joint City Council/Planning Commission meeting at 7. 00 PM in the Council Chambers to discuss the Waterfront Hilton proposal; and then to the July 9, 1996, regularly scheduled meeting. (There will be no Planning Commission meeting on June 25, 1996.) A MOTION WAS MADE BY BIDDLE, SECOND BY SPEAKER, TO ADJOURN TO A JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION ON JUNE 24, 1996, AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED /kjl APP D BY: I — / �w o d Zele s ecretary u6/11/96C 20 �� "1 0/��1, Planning Commission Chairperson (pcm053)