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HomeMy WebLinkAbout1997-01-28MINUTES HUNTINGTON BEACH PLANNIN CO [MISSION TUESDAY, JANUARY 28, 197 STUDY SESSION -PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE Council Chambers - Civic Center 2000 Main Street Huntington Beach, California P P P P P P A ROLL CALL: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a farm to speak. No action can betaken by the Planning Commission on this data, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on. non-public bearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduledfor PUBLIC `HEARING will be, invited to speak during the public hearing (4 l.'[NUTEsPER pERSoN, )vo Doiv4TX)vG of TimE Tll or#ERS) A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO 96-56 (JIFFY LUBE) (CONTINUED FROM THE DECEMBER 10 1996, PLANNING COMMISSION MEETING): APPLICANT: Ernest Ramirez LOCATION: 9032 Adams Avenue (south side of Adams Avenue, east of Magnolia Street) PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 96-58 represents a request to establish a 2,470 square foot vehicle equipment repair building (Jiffy Lube). The proposed facility will replace an existing, vacant 2,482 square foot real estate office building. The subject parcel is located on the south side of Adams Avenue and east of Magnolia and is a part of a commercial center with reciprocal parking and access. Reciprocal access will be provided to the property to the west. This application was continued from the November 12, 1996, Planning Commission meeting, to allow revisions to the project which address the concerns raised at the public hearing. The concerns include vehicular circulation, egress and ingress to the building, parking, automobile repair bay screening, and safety. A revised site plan was submitted to staff on November 22, 1996, addressing some of these issues. The Planning Commission continued the application from the December 10, 1996, meeting at the request of the applicant and the property owner to resolve staff s concerns and on -site circulation problems. During the interim, Staff met with the applicant and the property owner's representative to discuss an alternative project. The applicant requests additional time to finalize the alternative project. Staff recommends the Planning Commission continue the application to a date uncertain with new public hearing notice. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Conditional Use Permit No. 96-58 to a date uncertain. Commissioner Inglee stated he had viewed the video tapes from the November 12, and December 10, 1996, Planning Commission meetings and was prepared to take action on this request. PC Minutes - 1/28/97 2 (97PCM128) A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO CONTINUE CONDITIONAL USE PERMIT NO.96-56 TO A DATE UNCERTAIN BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 CODE AMENDMENT NO.96-2/LOCAL COASTAL PROGRAM AMENDMENT NO.96-3 (HOLLY-SEACLIFF SPECIFIC PLAN) (CONTINUED FROM THE JANUARY 14,1997, PLANNING COMMISSION MEETING)• APPLICANT: PLC LOCATION: The Holly-Seacliff Specific Plan area is generally located south of Ellis Avenue and north of Palm Avenue between Main Street and the City's western boundary. PROJECT PLANNER: Mary Beth Broeren PLC Land Co. requests an amendment to the Holly Seacliff Specific Plan (HSSP) to allow RL-3 development in RM (Residential -Medium Density) and RMH (Residential -Medium High Density) districts and to include Z-lot development in the list of permitted uses in the districts. This would basically allow for small lot, detached single family units in the RM and RMH areas where they are presently not permitted. As a result of this request, staff recommends modifications to the development standards for residential development in areas designated for RL-1, RL-2 and RL-3 development. The modifications address balconies, bay windows and other architectural features in the rear and front yards, patio covers in the side and rear yards, eaves setbacks in the side yards and three other changes for the RL-3 district pertaining to site coverage, open space and side yard setbacks. These changes are recommended because they relate to small lot development and are integral to the applicant's request. This item was continued from the January 14, 1997 Planning Commission meeting at the request of the applicant. PLC wanted to determine if a proposed change for side yard setbacks was consistent with one of their projects that is in the planning stages. The applicant has indicated that they have not been able to complete this step. The applicant is in agreement with the other changes proposed. PC Minutes - 1/28/97 3 (97PCM128) STAFF RECOMMENDATION: Staff recommends the Planning Commission hear public testimony, take straw votes on those portions of the proposed code amendment pertaining to RL-1 and RL-2 development and continue action on items pertaining to RL-3 development to the next scheduled Planning Commission meeting of February 11, 1997. Staff recommends that the Planning Commission defer action on items related to RL-3 development as staff s support for the applicant's request is contingent upon agreement with staffs proposed changes. THE PUBLIC HEARING WAS OPENED. Jim Xanthakis, 18586 Main Street, representing the FANS organization, stated that they supported the proposed request. Clark Forest Butts, BBG Architects, 26 Corporate Park, Irvine, spoke in support of the proposed request. Bill Holman, PLC Land Company, 23 Corporate Plaza, #250, Newport Beach, gave a brief history of the site and the proposed request. He stated that the applicants are in concurrence with approximately 99% of staff s recommendations and are confident they will be able to work with staff with the remainder of the recommendations. Tamlyn Hagemeister, 415 Townsquare, #224, spoke in support of the proposed request. Suzanne Beukema, 9052 Christine Drive, member of the FANS Board, spoke in support of the proposed request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO ACCEPT THE AMENDMENTS TO SECTIONS III.D.1(RL-1 STANDARDS) AND III.D.2 (RL-2 STANDARDS) OF THE LEGISLATIVE DRAFT, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED PC Minutes - 1/28/97 4 (97PCM128) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO CONTINUE CODE AMENDMENT NO.96-2 AND LOCAL COASTAL PROGRAM AMENDMENT NO.96-3 TO THE FEBRUARY 11,1997, PLANNING COMMISSION MEETING WITH PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED B-3 ENTITLEMENT PLAN AMENDMENT NO.96-5/VARIANCE NO.96-30 WITH SPECIAL PERMITS (RIVIERA): APPLICANT: Ron Metzler, Shea Homes LOCATION: South of Summit Drive, between Goldenwest and Seapoint. PROJECT PLANNER: Mary Beth Broeren Shea Homes, applicant, will be responsible for construction of 101 single family homes in the Peninsula II project. Entitlement Plan Amendment No. 96-5 represents a request to amend the previously approved site plan, floor plans and elevations of a single family residential subdivision to reflect the specific product that will be constructed by Shea Homes. The homes are consistent with the previously approved project and will be compatible with surrounding development. The applicant does not propose any change in lot configuration, density or circulation. The modifications to the site plan include 13 special permit requests for reduced rear yard setbacks for a dwelling and/or balcony. Staff supports the applicant's requests finding that the proposed plans will create variety in the architectural style of the buildings and the balconies are consistent with a proposed code amendment for the Holly Seacliff area. Variance No. 96-30 is requested for reduced rear yard setbacks for dwellings and balconies. There are 17 variance requests with proposed encroachments ranging from three to seven feet. Staff supports 12 of the requests finding that the structures will not impact the privacy of adjoining properties or there are special circumstances pertaining to the shape and location of the lots, and the proposed deviations are consistent with the proposed code amendment. Staff does not support five of the variance requests because there are no special site characteristics or other reasons to warrant deviation from the code. PC Minutes - 1/28/97 5 (97PCM128) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Entitlement Plan Amendment No. 96-5 with Special Permits and Variance No. 96-30, with the exception of five of the variance requests, for the following reasons: ♦ The project is consistent with the previously approved Tentative Tract No. 14700/Conditional Use Permit No. 93-39/Coastal Development Permit No. 93-23. ♦ The proposed floor plans and elevations will be compatible with development in the surrounding area. ♦ The project is consistent with the General Plan and contributes to providing a mix of housing types. ♦ The special permit requests improve the rear elevations, many of which are visible from the golf course, or are consistent with proposed code changes for the Holly Seacliff Specific Plan. ♦ The variance requests are required due to the configuration and location of the lots, existing easements or are consistent with proposed code changes. ♦ The variance requests will not be materially detrimental to surrounding property or development. THE PUBLIC HEARING WAS OPENED. Ron Metzler, 655 Brea Canyon Road, Walnut, applicant, gave a brief history of the site and the proposed request. He stated that encroachments requested by variance were necessary to create an aesthetically pleasing street scene. Richard Harlow, 211-B Main Street, representing the applicant, stated that this development will be a planned community and the variance request for setback deviations are necessary to enhance the visual aspect of the community. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission felt that the variances were minor and would not impact public welfare, privacy or create negative aesthetics. A MOTION WAS MADE BY BIDDLE, SECONDED BY TILLOTSON, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.96-5 AND VARIANCE NO.96-30 AS SUBMITTED BY THE APPLICANT WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED PC Minutes - 1/28/97 6 (97PCM128) FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO 96 5 WITH SPECIAL PERMITS: 1. Entitlement Plan Amendment No. 96-5 for revisions to the site plan, floor plans and elevations of Tentative Tract No. 14700/Conditional Use Permit No. 93-39/Coastal Development Permit No. 93-23, including special permits requests for reduced rear yard setbacks for 13 lots will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project does not propose any change in lot configuration, density or circulation. The proposed units are architecturally consistent with those previously approved for the project and will comply with design criteria for the entire Peninsula II area. The proposed building elevations use a combination of materials that will be aesthetically pleasing. The revised project will be compatible with surrounding uses which are the Seacliff Golf Course and other similarly sized detached single family residential development. The special permits will increase building articulation, improve aesthetics and result in a better overall project. 2. The proposed revisions to the site plan, floor plans and elevations will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located, except for the variances and special permits approved concurrently. 3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. In addition, it is consistent with the General Plan of providing a mix of housing types throughout the city. FINDINGS FOR APPROVAL - VARIANCE NO 96-30• 1. The granting of Variance No. 96-30 for a 17 foot rear yard setback for the balcony on Lot Nos. 5 and 15, Tract 15082 and Lot No. 14, Tract No. 15083; a 17 foot rear yard setback for the dwelling on Lot Nos. 4, 12 and 14, Tract 15082 and Lot No. 13, Tract 15083; a 16 foot rear yard setback for the balcony on Lot Nos. 6 and 9, Tract 15083 and Lot No. 2, Tract 15086; a 15 foot rear setback the balcony on Lot No. 5, Tract 15083 and Lot No. 17, Tract 15086; a 15 foot rear setback for the dwelling on Lot No. 22, Tract 15083, Lot No. 15, Tract 15084 and Lot No. 17, Tract 15086; and a 14 foot setback for the balcony on Lot No. 8, Tract 15083; and a 13 foot setback for the balcony on Lot No. 10, Tract 15082, in lieu of the code required 20 foot rear yard setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. There are other single family detached residential properties in the vicinity that are subject to the Huntington Beach Zoning and Subdivision Ordinance which allows for a ten foot rear yard setback and three foot encroachment for balconies. A proposed code amendment would allow a five foot balcony encroachment (setback of 15 feet) in the proposed development. The applicant's variance requests for balconies are consistent with the proposed code amendment or other developments in the city. The reduced rear yard setbacks for the dwellings are not inconsistent with other single family development in the city. PC Minutes - 1/28/97 7 (97PCM128) 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. Seven of the lots for which variances are requested are for balconies that do not abut another residential lot to the rear; these balconies would not impact the privacy of other property owners. Three of the lots for which balcony variances are requested have a residential unit to the rear but have adequate separation between the dwellings, and the balconies are oriented away from the habitable area on the other lots. The variances for the dwellings are supported because of shape, location and easements. Lot No. 15, Tract 15084, and Lot No. 14, Tract 15082, are irregularly shaped corner lots. Their shape and location constrains placement of the unit on the lot. Lot Nos. 13 and 17 are irregularly shaped and have 10 foot wide storm' drain easements along a side property line which restrict the placement of the unit. Lot Nos. 4, 12 and 22 have irregularly shaped front or rear property lines which constrain development. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The proposed balconies will afford the property owners pleasing views of the golf course. The variances for the dwellings give consideration to the property owners of Lot Nos. 13 and 17 because of the easements which restrict the use of the property. The variance for Lot No. 15, Tract 15084, minimizes impacts to the front of the property due to its location on a corner and at the entrance of a short cul-de-sac. The variances for Lot Nos. 4, 12, 14 and 22 allow a housing plan that overall provides significant usable yard 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. The majority of the balconies abut the golf course or a street and will not impact other units. The other balconies are situated in a way that is sensitive to the location of units on adjoining properties and results in minimal intrusion in the rear yards. All but two of the balcony setbacks are consistent with a proposed code amendment to allow balconies with al 5 foot setback on the grounds that 15 feet is an acceptable distance from the rear property line with a dwelling setback of 20 feet. On Lot No. 15, Tract 15084, the dwelling will be separated from the lot to the rear by a total of 39 feet at the point where the minimum setback is requested and privacy impacts will not be a concern. Lot Nos. 13 and 17 back to the golf course and a street, respectively. The reduced rear yard setback for the dwelling will not be materially detrimental to surrounding properties. The dwellings on Lot Nos. 4, 22, 14 and 12 are oriented in a way to minimize impacts to the lots that abut them to the rear. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property because it does not result in an increase in density in the project or alter the nature of the detached single family neighborhood. 0 PC Minutes - 1/28/97 8 (97PCM128) [1 1 CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO 96 5 WITH`SPECIAL PERMITSIVARIANCE NO.96-30: The site plan dated January 22, 1997 and floor plans and elevations dated January 21, 1997 shall be the conceptually approved layout. 2. A maximum of four bedrooms or their equivalent shall be offered in Plan 2 and the side entry garage shall not be converted into living area. 3. The fencing abutting the golf course shall be anodized aluminum or be specially treated, e.g., powder coated. (PW) 4. All previous conditions of approval for Tentative Tract No. 14700, Conditional Use Permit No. 93-39 and Coastal Development Permit No. 93-23 shall remain in effect. 5. All obligations of Development Agreement No. 90-1 shall be fulfilled pursuant to the Certificates of Consent approved by the City Council on May 6, 1996 and October 7, 1996, including Section 2.2.5 (h) of the Development Agreement which states: "In lieu of water system capital facilities fees, Developer shall construct, on land to be acquired by City, a nine million gallon water storage reservoir, associated booster stations, water well and transmission lines. The above shall commence within one hundred twenty (120 days) of such acquisitions and City approval of plans. Project engineering and other related pre - construction activities shall begin within one hundred eighty (180) days of the Effective date. The cost of construction to Developer shall include design and construction costs and land acquisition costs." 6. Prior to submittal for building permits, 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). 7. Prior to issuance of grading permits, a precise grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBOC. PC Minutes - 1/28/97 9 (97PCM 128) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 96-5/Variance No. 96-30 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 96-5/Variance No. 96-30 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. 3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 96-5/Variance No. 96-30 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs. 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, except as noted herein. 5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. B-4 ANNUAL REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT: APPLICANT: Robert Mayer Corporation/City of Huntington Beach LOCATION: North side of Pacific Coast Highway between Huntington Street and Beach Boulevard. PROJECT PLANNER: Mary Beth Broeren The Waterfront Development Agreement is an agreement between the City of Huntington Beach and Robert L. Mayer Corporation for development of the Waterfront project. Annual review of the Waterfront Development Agreement (Development Agreement No. 91-3) is required pursuant to the Agreement. Since the Robert Mayer Corporation is in compliance, staff recommends determination of compliance and forwarding to the City Council for review and acceptance. PC Minutes - 1/28/97 10 (97PCM128) L_J n STAFF RECOMMENDATION: Staff recommends that the Planning Commission determine that the Robert Mayer Corporation is in compliance with the Waterfront Development Agreement and forward to City Council for review and acceptance. The Commission questioned staff regarding the applicant's failure to begin the project on the Driftwood site within the specified period of time in the Disposition and Development Agreement. They asked if the applicant had paid the penalty fees set forth in the Agreement. Staff explained that this issue is a requirement in the Disposition and Development Agreement not the Development Agreement that was being reviewed this evening. Staff also explained that the penalty fee payment would only be necessary if the developer had chosen to pursue the project as proposed in the Agreement. As the developer will not be pursuing that proposal a penalty fee will not be necessary. THE PUBLIC HEARING WAS OPENED. Shawn Milburn, representing the Robert Mayer Corporation, reiterated staffs explanation stating the project had become economically unviable, and a new project is currently being discussed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BIDDLE, SECONDED BY INGLEE, TO DETERMINE THAT THE ROBERT MAYER CORPORATION IS IN COMPLIANCE WITH THE WATERFRONT DEVELOPMENT AGREEMENT AND FORWARD TO CITY COUNCIL FOR REVIEW AND ACCEPTANCE, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED PC Minutes - 1/28/97 11 (97PCM128) B-5 COASTAL DEVELOPMENT PERMIT NO.97-1/CONDITIONAL USE PERMIT NO 93 40 (EXTENSION OF TIME) (PIER PLAZA): APPLICANT: City of Huntington Beach, Department of Community Services LOCATION: North and south of the Huntington Beach Municipal Pier located on the coastal side of Pacific Coast Highway between First and Seventh Streets. PROJECT PLANNER: Wayne Carvalho Coastal Development Permit No. 97-1 is a request by the City of Huntington Beach Department of Community Services to construct pier plaza improvements in the vicinity of the City's Municipal Pier. An identical request was approved by the Coastal Commission in August of 1994 for two years and has since expired. The Community Services Department also requests a one (1) year extension of time for Conditional Use Permit No. 93-40, which was approved in conjunction with the previous coastal development permit. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the pier plaza improvements and the extension of time based upon the following: The identical project was previously approved by the California Coastal Commission. The proposed plaza improvements will enhance the physical appearance of the pier entry area. The proposed improvements will preserve public views and improve vehicular, pedestrian, bicycle and handicap access to the beach. The project will provide additional parking and will improve the circulation design of the beach parking lots. The project is consistent with the Coastal Act, and with the goals and policies contained in the Land Use and Coastal Elements of the General Plan, the Local Coastal Program and Downtown Specific Plan. The Commission asked staff if there had been any changes to the plan originally approved by the Planning Commission. Ron Hagan, Community Services Director, stated that the only change was a reduction in the bike/pedestrian path from 24 feet to 19 feet. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 1/28/97 12 (97PCM128) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-1: 1. The request to permit pier plaza improvements conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed plaza improvements will provide additional parking, and improved vehicular pedestrian, bicycle and handicap access in and around the pier plaza area, without negatively impacting public views or access. 2. Coastal Development Permit No. 97-1 is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed improvements conform with the Downtown Specific Plan, Districts 10 and 11, by providing new pier -related commercial uses, additional parking and improved access to the beach. 3. The proposed plaza improvements will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. Improvements include the upgrade of water and sewer lines to the proposed concession/bathroom building north of the pier. 4. The proposed improvements conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The pier plaza improvements will enhance recreational opportunities by providing a new public plaza area, amphitheater, improved access, and additional bicycle and vehicle parking. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 93-40: Conditional Use Permit No. 93-40 for the establishment, maintenance, and operation of the pier plaza, including the modified circulation pattern and parking lots, new amphitheater, and associated buildings, will not be detrimental to the general welfare of persons residing or working in the vicinity or detrimental to the value of property and improvements in the area. With the conditions imposed, the proposed improvements will not create adverse traffic or noise impacts to surrounding properties. The proposed improvements will provide new handicap access to the beach, and emergency/maintenance access along the widened beach path. 2. The location, site layout, and design of the pier plaza improvements is compatible with surrounding uses because the improvements are designed to reduce adverse impacts to Pacific Coast Highway by constructing new driveways into the parking areas and restricting vehicular access into the area at the terminus of Main Street. 3. The proposed improvement project is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Visitor Serving Commercial, and Open Space Shore by providing beach related facilities for visitors, enhancing pedestrian oriented access in and around the pier area, and improving the appearance of visually degraded areas. PC Minutes - 1/28/97 13 (97PCM128) CONDITIONS OF APPROVAL -COASTAL DEVELOPMENT PERMIT NO.97-1/ CONDITIONAL USE PERMIT NO.93-40: 1. The site plan, floor plans, and cross sections received and dated October 13, 1994, and as previously approved by the California Coastal Commission on August 11, 1994, shall be the conceptually approved layout. 2. The average encroachment onto the sandy beach shall not exceed 17 feet in width. 3. The concession area of the concession/restroom building shall not exceed 2500 square feet. 4. The Design Review Board shall review all colors and materials used throughout the project. 5. Prior to submittal for building permits, the following shall be completed: 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. 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. e. A sewer study shall be submitted for public works approval. The developer shall design and construct a sewer system required to serve the development. 6. Prior to issuance of building permits, the following shall be completed: a. 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 the Ordinance and the Downtown Design Guidelines. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced within the project area. PC Minutes - 1/28/97 14 (97PCM128) b. 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. c. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. The developer shall submit a separate utility plan, showing water system improvements including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved, prior to any construction by the public works Water Division and the City of Huntington Beach Fire Department. e. The water system shall be designed in accordance with Pier Plaza and per the City of Huntington Beach Water Division's design criteria and standards plans and specifications. f. Each building shall have separate minimum two (2) inch domestic water service per Standard Plan Nos. 603B and 609. g. The landscape irrigation system shall be designed and constructed to included water service connections separate from domestic service connections. h. The developer shall use "drought tolerant" plants and turf for all common area landscaping. landscape plans shall be approved, prior to construction, by the Public Works Water Division. The developer shall submit irrigation demands to insure proper irrigation service sizing. i. All 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. j. Applicant shall pursue CalTrans approval of radius type driveways on Pacific Coast Highway. 7. Fire Department requirements are as follows: a. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and No. 431 for the abandonment of oil wells and site restoration. b. The project shall comply with all provisions of the Huntington Beach Municipal Code, Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. PC Minutes - 1/28/97 15 (97PCM128) c. Five (5) fire hydrants shall be provided in number and at locations specified by the Fire Department. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. d. The applicant shall add a four (4) inch domestic water line to the end of the pier, and relocated the existing eight (8) inch domestic/fire water line for the pier to Pacific Coast Highway and Main Street, and convert to an eight (8) inch fire line with the Fire Department connection on Pacific Coast Highway. 8. All building spoils, such as usable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 9. Installation of required landscaping and irrigation systems shall be competed prior to final inspection. 10. 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); e. Discontinue construction during second stage smog alerts. 11. Prior to final building permit approval 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. The applicant shall restripe the parking lot so that it conforms to provisions of the Ordinance. 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 approval specified herein shall be accomplished. PC Minutes - 1/28/97 16 (97PCM128) 12. The use of the concession building shall be for walk-up, beach -goer use. No table service shall be provided. 13. The Planning Commission reserves the right to revoke Coastal Development Permit No. 97-1 and Conditional Use Permit No. 93-40 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 14. Coastal Development Permit No. 97-1 shall become null and void unless exercised by August 11, 1997, 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. 15. Conditional Use Permit No. 93-40 shall become null and void unless exercised by August 11, 1997, 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. All applicable Public Works fees shall be paid. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 14 1997 A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 14,1997, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED PC Minutes - 1/28/97 17 (97PCM128) 11� E. E-I F. F-I F-2 NON-PUBLIC HEARING ITEMS NONE PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Biddle - requested staff to report back on the City Council time table for landscaping the sewage plant on Pacific Coast Highway and Brookhurst Avenue. Commissioner Livengood - requested staff to prepare a presentation to the Environmental Board on the Sign Code rewrite to ensure they are up to date on the changes and to address any concerns the Board may have. Commissioner Inglee - asked staff the status on the letter to City Council from the Planning Commission requesting consideration for additional Code Enforcement Officers. Staff stated a letter has been drafted and will ready for review at the next Planning Commission meeting. Commissioner Kerins - by a 6-0 straw vote of the Commission requested staff to draft a letter to the City Council to review street sign block numbering. He also requested staff to review the counter application process for recycling containers in shopping center parking lots. The Commission feels that stricter guidelines may be necessary. COMMITTEE APPOINTMENTS Committee appointments were made and accented. COMMUNITY DEVELOPMENT ITEMS CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Senior Planner - restated actions taken at previous City Council meetings and discussed upcoming items. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess Senior Planner - reviewed the items for the February 11, 1997, Planning Commission meeting. PC Minutes - 1/28/97 18 (97PCM128) u G. ADJOURNMENT - Adjourn to the February 11,1997 meeting A MOTION WAS MADE BY INGLEE, SECONDED BY TILLOTSON, TO ADJOURN TO A 5:30 PM STUDY SESSION ON FEBRUARY 11,1997, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Livengood, Kerins, Inglee, Tillotson NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: PC Minutes - 1/28/97 Planning Commission C6irperson 19 (97PCM128)