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HomeMy WebLinkAbout1997-08-12MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 12,1997 i Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:30 PM MAJOR PROJECTS UPDATE (4:30 - 5:00 PM) -Herb Fauland/Scott Hess GAS STATION (PCH AND GOLDENWEST STREET) (5:00 - 5:15 PM) - Susan Pierce MCDONNEL DOUGLAS MASTER PLAN (5:15 - 5:45 PM) - Herb Fauland THE BLUFFS TRACT MAP AND PARK ACCESS ROAD (5:45 - 6:15 PM) - Mary Beth Broeren AGENDA REVIEW (6:15 - 6:30 PM) -Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker AGENDA APPROVAL Anyone wishing to speak Trust fill out and submit a form to speak. No action can betaken by the Planning Commission on this dater unless the item is agendked. _ Any one wishing to speak on items not on tonight's agenda or on non-public, hearing, items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited to spedk;during the public hearing (d MINUTESPER PERSON, NO DONATING OF TIME TO OTHERS) A. . ORAL' COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO 97-81VARIANCE NO 97-2 (ACCESSORY DWELLING UNIT) (CONTINUED FROM THE JULY 8, 1997 PLANNING COMMISSION MEETING: APPLICANT: Lisa Webber LOCATION: 221 Indianapolis (north side of Indianapolis, approximately 140 ft. west of Huntington Street). PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 97-8 represents a request to permit an existing, detached accessory dwelling�unit (converted garage) and a fence extension that exceeds the maximum six foot height requirement. This second unit on the property does not conform to the standards for accessory units.and there are no provisions for on-site'parking. Therefore, the applicant also requests Variance No. 97-2 to allow: 1) the second unit to be detached from the main unit; 2) the second unit on a 3,125 sq. ft. lot in lieu of a minimum 6,000 sq. ft. lot; 3) tenant occupied units in lieu of one unit as owner occupied; 4) a patio cover at a zero side yard setback; and 5) and no on -site parking. The public hearing was continued from the July 8, 1997, Planning Commission meeting to allow inspection of the subject structure by Building Division staff. The purpose of the inspection is to identify the work necessary to bring it into compliance with the Uniform Building Code for legal residential occupancy. A copy of the inspection report is attached. In addition, the applicant has provided an estimate of construction costs. STAFF RECOMMENDATION: Staff continues to recommend denial of Conditional Use Permit No. 97-8 and Variance No. 97-2 based upon the reasons listed in the Analysis section of the report. Alternative action for approval has been prepared which includes findings and conditions of approval should the Commission decide to approve the request. THE PUBLIC HEARING WAS RE -OPENED. Rifka Hirsch, 221-B Indianapolis Street, tenant in the subject structure, urged the Commission to approve the request stating that it was not detrimental to the neighborhood, the density is lower than is permitted and it fits the character of the neighborhood. Nikki Niznik, 221 Indianapolis Avenue, stated that she is the front tenant on the property and urged the Commission to approve the request as the structure has existed for over 20 years. PC Minutes - 8/12/97 2 (97PCM812) Lisa Webber, 1185 Keith Avenue, Berkeley, applicant, urged the Commission to approve the request stating that the structure is well built, the square footage is lower than permitted, it supplies affordable housing to the community and denial would be an extreme hardship for herself and the tenants. Ms. Webber submitted modified conditions of approval to the Commission. Mike Adams, 19771 Sea Canyon, requested the Commission to support the alternative action outlined in the staff report. Mr. Adams stated that this request was put on hold in the early 1990's while the Huntington Beach Zoning and Subdivision Ordinance was being rewritten to determine if the Ordinance would allow or grandfather in this second unit; however, it was not addressed in the approved Final Ordinance. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED. The Commission asked Bill Grove, Inspection Manager, what dangers existed in the structure that would be a detriment to the tenant and/or the neighborhood. Mr. Grove stated what dangers exist in the event of a fire or other emergency. He also stated it is the Building & Safety Division's responsibility to correct any potential dangers. The Commission asked staff if this structure could be grandfathered. Paul D'Alessandro, Legal Counsel, stated that to be grandfathered, the structure would have had to comply with codes at one time, and then the codes were changed. He stated this structure had never conformed to code, therefore could not be grandfathered. The Commission stated their desire to approve the alternative action outlined in the staff report with modifications to the conditions. Howard Zelefsky, Planning Director, stated that the Commission could modify the conditions, but Code Requirements including UBC Code requirements could not be waived. The Building Official only has the authority to interpret the UBC Code and determine what is proper. A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO.97-8 AND VARIANCE NO.97-2 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 8/12/97 3 (97PCM812) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-8• 1. Conditional Use Permit No. 97-8 for the establishment, maintenance and operation of an existing 528 sq. ft. accessory dwelling unit (second unit) and an eight (8) foot high fence extension 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 second dwelling unit and fence extension on the property have been in existence at least 20 years. There is no evidence that property values in the area have been negatively affected by the single family dwelling and detached accessory dwelling unit on the subject property. 2. Conditional Use Permit No. 97-8 will be compatible with surrounding uses because many properties in the Oldtown/Townlot vicinity consist of two separate dwellings, many of which do not provide adequate on -site parking opportunities. 3. The proposed accessory dwelling unit and fence extension comply with the provisions of the base district, which is Residential Medium High Residential - Small Lot, and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance except as modified by Variance No. 97-2 and any specific condition required for the proposed use in the district in which it would be located. The fence extension provides separation between the property and the adjacent alley and provides additional privacy from two story buildings adjoining the alley. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the following goal of the General Plan: Achieve the development of a range of housing units that provide for the diverse economic, physical and social needs of existing and future residents of Huntington Beach. (Goal L U 9) FINDINGS FOR APPROVAL - VARIANCE NO.97-2: 1. The granting of Variance No. 97-2 for an existing 528 sq. ft. accessory unit will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification because conditions of approval are imposed to limit the continuation of the accessory dwelling unit. The variance is for the following: a. A detached accessory dwelling unit in lieu of attached to the main dwelling unit; b. To permit two tenant occupied units in lieu of one as owner occupied unit; c. To permit the second dwelling unit on a 3,125 sq. ft. lot in lieu of a minimum 6,000 sq. ft. lot; PC Minutes - 8/12/97 4 (97PCM812) d. To permit a patio cover at zero side yard setback in lieu of three ft. unit; and e. To allow no on -site parking spaces. A minimum of three (3) on -site parking spaces are required for the two (2) units on the property. 2. There are 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 subject property is a flat rectangularly shaped parcel which is located in an area that includes multi- family residences on a single lot. The site is located adjacent to two alleys. In addition, there are two buildings on the property that total approximately 1,000 sq. ft. which is significantly less than other buildings in the vicinity; the FAR of 0.31 is considerable low for a parcel in this area. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. The main unit (front unit) and second unit (rear unit) were built as studio units and total approximately 1,000 sq. ft. By approving the variance, the second unit will need to comply with the City's Uniform Codes which protects the habitants of the unit. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. Conditions of approval are imposed to require modification to the structure to comply with building codes adopted by the City of Huntington Beach. In addition, a covenant will be recorded on the property assuring that the integrity of the lot with two small units is maintained. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-8: 1. The site plan, floor plans, and elevations received and dated January 31, 1997, shall be the conceptually approved layout. Additional plans may be required as part of the building permit submittal. 2. Within one year from the date of approval of this application, plan check must be completed and a building permit issued to commence work to legalize the accessory dwelling unit, lattice patio cover, and fence extension. Items that must be addressed in the building permit application include but are not limited to fire rated walls, loft design, stairs and emergency egress. Construction must begin, Building Code corrections shall be completed, and building permit finaled within two years from the date of building permit issuance. 3. Prior to submittal for building permits, the zoning entitlement conditions of approval shall be printed verbatim on the cover page of the working drawing set. 4. Prior to issuance of building permits for the accessory dwelling unit, the following shall be completed: a. Provide irrevocable offer to dedicate the 2.50 feet off of the rear of the subject property adjacent to the alley which is parallel to Indianapolis Avenue to the City of Huntington Beach. (PW) (Code Requirement). PC Minutes - 8/12/97 5 (97PCM812) 5. Prior to final building permit inspection and approval of the accessory dwelling unit, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. b. 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. 6. 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 HBZSO. 7. The Planning Commission supports retaining the structure as built to the greatest extent feasible. The Planning Commission also recommends that the codes in effect in 1977 be used as the standards in this case. Furthermore, the Planning Commission recommends that staff find reason to reduce or eliminate fees whenever possible. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 97-8 and Variance No. 97-2 shall not become effective until the ten day appeal period has elapsed. 2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-8 and Variance No. 97-2 pursuant to a public hearing for revocation, if any violation of these conditions or r the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 3. Parkland Dedication In -lieu fee for the accessory dwelling unit shall be paid prior to issuance of the building permit for the garage conversion. 4. State -mandated school impact fees shall be paid prior to issuance of building permits. 5. 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. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. 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. PC Minutes - 8/12/97 (97PCM812) r� �J B-2 CONDITIONAL USE PERMIT NO 97-15 (PSYCHIC PALM AND TAROT CARD READER): APPLICANT: Paula (Pola) N. Stevens LOCATION: 17685 Beach Boulevard (southwest corner of Beach Boulevard and Liberty Street). PROJECT PLANNER: Jane Madera Conditional Use Permit No. 97-15 is a request by Paula N. Stevens to establish a Psychic, Palm, and Tarot Card Reading business within an existing commercial building. The proposed use will be compatible with other surrounding retail uses and it is anticipated that the applicant can comply with the application and licensing requirements of Chapter 5.72, Fortune Telling, of the Huntington Beach Municipal Code. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 97-15 for the establishment of a Psychic, Palm, and Tarot Card Reading business for the following reasons: ♦ The business will be compatible with other retail users in the immediate vicinity. ♦ The business will not create any undue noise or traffic impacts. ♦ The business will be less intensive than the former liquor store that occupied the site. ♦ The parking lot will be restriped to make the spaces more easily identifiable. ♦ The business will comply with the goals and objectives of the General Commercial land use designation of the General Plan to allow for a variety of commercial uses to serve both residents and visitors to the City. ♦ The applicant will be required to comply with Chapter 5.72, Fortune Telling, of the Huntington Beach Municipal Code. Commissioner Biddle stated he would be abstaining from taking action on this item, due to a conflict of interest. (Commissioner Biddle left the room.) 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 - 8/12/97 (97PCM812) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO APPROVE CONDITIONAL USE PERMIT NO.97-15 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: Biddle MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-15• 1. Conditional Use Permit No. 97-15 for the establishment, maintenance and operation of the 1,200 square foot Psychic, Palm, and Tarot Card Reading business 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 proposed business will take over an existing retail building (former liquor store) which can accommodate the new use. The applicant will be required to obtain a license and comply with the operating provisions of Chapter 5.72, Fortune Telling, of the Huntington Beach Municipal Code in order to ensure that the business is not a detriment to other surrounding uses. 2. Conditional Use Permit No. 97-15 for the 1,200 square foot Psychic, Palm, and Tarot Card Reading business will be compatible with surrounding uses because it will occupy an existing commercial building and will likely be less intensive than the former liquor store which recently closed. The building is located along Beach Boulevard in a high commercial area and will be compatible with the other retail uses in the vicinity. 3. The proposed Psychic, Palm, and Tarot Card Reading Business will comply with the provisions of the base district 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, including Chapter 5.72, Fortune Telling. 4. The granting of the conditional use permit 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. Goal LU 10: Achieve the development of a range of commercial uses. b. Objective LU 10.1: 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. PC Minutes - 8/12/97 8 (97PCM812) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.97-15: 1. The site plan, floor plans and elevations received and dated February 13, 1997 shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall be included on the plans and shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. The building shall comply with ADA standards for restrooms and parking pursuant to the City of Huntington Beach Building and Safety Division. c. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. 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). b. The Design Review Board shall review and approve the proposed building wall/signage modifications and new freestanding sign. c. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of building permits, the applicant shall 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 to the Department of Community Development. 4. Prior to final building permit inspection and approval or commencement of use, the following shall be completed: a. The applicant shall make an application and receive licensing approval from the City of Huntington Beach Police Department pursuant to the requirements of Chapter 5.72, Fortune Telling, of the City of Huntington Beach Municipal Code. b. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance. PC Minutes - 8/12/97 9 (97PCM812) f1 c. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) The applicant shall restripe the parking lot. 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3) 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) d. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. e. 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. 5. 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 Huntington Beach Zoning and Subdivision Ordinance. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. The property shall be maintained in a neat and clean manner pursuant to the Property Maintenance Ordinance (Chapter 17.10 of the Huntington Beach Municipal Code). 2. Conditional Use Permit No. 97-15 shall not become effective until the ten day appeal period has elapsed. 3. Conditional Use Permit No. 97-15 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. 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-15, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. PC Minutes - 8/12/97 10 (97PCM812) 5. All applicable Public Works fees shall be paid. 6. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 7. 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. 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-3 TENTATIVE TRACT MAP NO. 14355/COASTAL DEVELOPMENT PERMIT NO. 97-5 (THE BLUFFS APPLICANT: PLC Land Co. LOCATION: Northwest corner of Garfield Avenue and Edwards Street PROJECT PLANNER: Mary Beth Broeren Tentative Tract No. 14355 and Coastal Development Permit No. 97-5 represent a request by PLC Land Company to subdivide a vacant 40.2 acre site for future construction of 85 single family homes. Project density will be 2.1 units per gross acre. The subdivider is requesting that the tract be gated and take access off of Edwards Street. The proposed tract layout meets the standards of the Holly Seacliff Specific Plan, and associated infrastructure improvements and perimeter fencing would be installed. The request includes a park road that will provide public access to the proposed Harriett M. Wieder Regional Park. The road will take access from Edwards Street and Garfield Avenue. Rough grading of the Park area adjacent to the project will be completed. PC Minutes - 8/12/97 11 (97PCM812) STAFF RECOMMENDATION: Staff recommends approval of the project for the following reasons: ♦ The project is consistent with the goals and objectives of the General Plan, incorporating creative design that results in an attractive and viable residential area. ♦ The project's design properly adapts to the surrounding terrain and land uses and the site is physically suitable for the proposed density of 2.1 units per gross acre. ♦ The project will not be detrimental to the general health, welfare and safety, nor detrimental or injurious to the value of property and improvements of the neighborhood or the City in general. The project is compatible with existing land uses and will be provided with the necessary infrastructure. ♦ The project will comply with the mitigation measures of Environmental Impact Report No. 89-1. ♦ The project meets the development standards of the Holly Seacliff Specific Plan. ♦ The park road meets the objectives of the Local Coastal Program and its design is sensitive to the park and residential uses. THE PUBLIC HEARING WAS OPENED. Terry Dolton, 17892 Shoreham Lane, representing Amigos de Bolsa Chica, stated that the park road is critical to allow access by the public and emergency vehicles to the regional park. He stated he is concerned about the drainage system and would like assurance that the filtration system is of high quality and will be properly maintained. Carole Ann Wall, 8215 Woolburn Drive, Vice President FANS, spoke in support of the request. Jim Xanthakis, 18586 Main Street, President FANS, spoke in support of the request. John Miles, 19415 Castlewood, stated that the security gate on the park access road is necessary for security and liability reasons. Bill Holman, 23 Corporate Plaza, Newport Beach, representing applicant, stated that the request has been revised to build fewer homes on larger lots, using high quality builders to build a better product. Mr. Holman also stated that this plan will allow additional park land to be dedicated. Carol Buerkle, 15811 Wicklow Lane, spoke in support of the request and the security gates at the park access road. Dale Dunn, 17302 Almelo Lane, spoke in support of the request. Suzanne Beukema, 9052 Christine Drive, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 8/12/97 12 (97PCM812) The Commission discussed the parking areas adjacent to the proposed homes versus parking entirely in the park. Staff explained the proposed parking will be less obtrusive and the intent was to minimize parking within the park. The Commission questioned staff regarding the maintenance and filtration of the drainage system. Staff explained the system was a new technology, Fossil Filtering. Staff stated the Homeowner's Association would maintain the system with the tract boundaries and the exterior system will be maintained by the City. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE TENTATIVE TRACT MAP NO.14355 AND COASTAL DEVELOPMENT PERMIT NO. 97-5 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Tillotson, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO 14355• 1. Tentative Tract Map No. 14355 for subdivision of 40.2 gross acres for the purpose of an 85 unit residential subdivision and creation of a park road for public access to the proposed Harriett M. Wieder Regional Park is consistent with the General Plan Land Use Element designation of Residential Low Density and Open Space -Park on the subject property, or any applicable specific plan, or other applicable provisions of this Code. Single family developments and parks are permitted uses. 2. The site is physically suitable for the type and density of development at 2.1 units per gross acre. The site was previously studied for a greater intensity of land use (four units per acre) at the time the General Plan land use designation and the Holly Seacliff Specific Plan zoning were adopted for the property. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the Specific Plan. 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. There are no environmental impediments to the project. PC Minutes - 8/12/97 13 (97PCM812) 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR COASTAL DEVELOPMENT PERMIT NO.97-5: 1. Coastal Development Permit No. 97-5 for the subdivision of 40.2 acres for purposes of an 85 unit residential project and grading and construction of related infrastructure including, streets, utilities and a park road for public access to the proposed Harriett M. Wieder Regional Park, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. Specifically, the project preserves and enhances visual resources within the coastal zone through creation of a park road which provides public access to views of coastal resources and through provision of adequate landscaping. 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 lots comply with all code requirements, including lot size and lot frontage. The project will comply with the mitigation measures of Environmental Impact Report No. 89-1. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Access, utilities, and all other infrastructure will be provided as required by the Holly Seacliff Specific Plan and the City. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Proposed subdivisions located 300 feet away from the water are not required to provide vertical or lateral access to coastal resources. The project does include a park road which provides public access to views of the coast shoreline and wetland areas and will provide direct access to the proposes Harriett M. Wieder Regional Park located within the coastal zone. CONDITIONS OF APPROVAL - TENTATIVE MAP NO. 14355: 1. The tentative map received and dated June 11, 1997, shall be the approved layout with the following modifications: a. A common landscape lot or landscape easement, as approved by the Park, Tree and Landscape Division, shall be provided on the exterior side of Lot No. 26. 2. Prior to submittal of the final map for approval by the City Council, the following shall be required: a. The revised map pursuant to Condition No. 1 shall be submitted to the Department of Community Development for review and approval by the Planning Division and the Park, Tree and Landscape Division. PC Minutes - 8/12/97 14 (97PCM812) b. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney. The CC&Rs shall reflect the maintenance of all walls and common landscape areas by the Homeowners' Association and the location of the earthquake fault setback lines. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. A Lot Line Adjustment or modification of the final map placing the project slopes within the tract boundary and the park road outside of the tract boundary shall be approved and recorded, or the project slopes shall be maintained through a Maintenance Agreement. b. The following shall be dedicated to the City of Huntington Beach: 1. The water system and appurtenances as shown on the improvement plans for this tract. 2. An easement over the private streets for Police and Fire Department access. 3. A two foot public utility easement within the private streets. 4. Access rights in, over, across, upon and through the private streets fro the purpose of maintaining, servicing, cleaning, repairing and replacing the water system. c. All vehicular access rights to Garfield Avenue and Edwards Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. d. The remaining street improvements at the intersection of Seapoint Street and Garfield Avenue shall be completed per Public Works Standards. The median in Seapoint Avenue shall be modified with respect to planting and irrigation to Public Works standards based on revisions directed by the City Traffic Engineer. The landscape Plans shall be reviewed and approved by the Park, Tree and Landscape Division. ,(PW) e. The park access road shall be constructed per Public Works Standards. The road and park road gates shall be completed prior to final inspection of the first residential unit in the project. f. Contour the grade or vary the slope grade behind lots 67-77 to provide a more natural look. g. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct the drainage system required to serve the development. PC Minutes - 8/12/97 15 (97PCM812) 1 h. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. i. The design of the storm drain and sewer system shall be approved by the Public Works Department. The sewer and storm drain system shall be private to the end of the first manhole or junction structure downstream of the tract. The private systems which include storm drain filter cleansing traps shall be maintained by the Homeowners Association. k. Cross gutters will not be permitted on Edwards Street at Street "A" and Street "I". In addition, a cross gutter will not be permitted at Garfield Avenue and the park access road. 1. The water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. in. The developer shall submit water system calculations with the project's first plan check. n. No combustible construction shall occur without the approved water system installed. o. A separate water meter and backflow prevention device shall be provided for the irrigation system. p. Reclaimed water shall be used for only the irrigation system in the proposed Harriett M. Wieder Regional Park, adjacent to the Southern California Edison property, along Edwards Street and along Garfield Avenue. q. 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. r. 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. s. All landscaping improvements (perimeter, commonly owned areas, Regional Park slopes adjacent to the residential project) shall be installed and inspected pursuant to an approved Landscape Plan. PC Minutes - 8/12/97 16 (97PCM812) t. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 2) Thirteen (13) new fire hydrants shall be installed at locations approved by the Fire Department. (FD) 3) Fire Department access roads shall comply with Huntington Beach Fire Code and City Specification #401. (FD) 4) Installation of required landscaping and irrigation systems and landscape irrigation and planting installation shall be certified to be in conformance with the City approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final inspection and approval. (PW) 4. Prior to issuance of grading permits, a grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval (PW). 5. A Conditional Use Permit and, where appropriate, a Coastal Development Permit shall be required and approved prior to issuance of building permits for construction of any residential units. 6. The retaining wall on the north property line adjacent to the Southern California Edison Facility shall be either a slumpstone wall (La Paz Brown) or a battered interlocking block wall such as "Keystone," "Terrastop" or "Versa-Lok" systems, in an Earth Brown. Said wall shall not require planting or irrigation. (PW) 7. A minimum eight foot wide, 20 foot long landscape area (Portions of Lot Nos. 34 and 35) shall be maintained at the terminus of Street F. This may be maintained by the two property owners or by the Homeowners Association. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT MAP NO. 14355 : 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Park and Recreation Fees shall be paid, or accrued credits assigned, prior to acceptance of the final map by City Council. 3. The project shall comply with the Affordable Housing Plan for the Holly Seacliff area. Final inspection (certificate of occupancy) shall not be approved for residential units in the project if the affordable housing requirements for the Holly Seacliff area are not met at the time that final inspection is requested. PC Minutes - 8/12/97 17 (97PCM812) 4. Tentative Map No. 14355 and Coastal Development Permit No. 97-5 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 5. The applicant shall submit a check in the amount of $38 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. CONDITIONS OF APPROVAL -COASTAL DEVELOPMENT PERMIT NO. 97-5: 1. The building area plan dated August 1, 1997, fence plan dated July 28, 1997 and entry gate plan dated March 5, 1997 shall be the conceptually approved layout with the following modifications: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) b. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to submittal for building permits for the fence/walls and entry gate, the following shall be completed: a 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). b. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 429. (FD) c. Submit three (3) copies of the site plan and the processing fee to the Planning Division for addressing purposes after street name approval by the Fire Department. d. All Fire Department requirements shall be noted on the building plans. (FD). PC Minutes - 8/12/97 18 (97PCM812) e. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of , underground items including buried pipe and concrete and the protection thereof. (Code Requirement) f. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 3. Prior to issuance of grading permits, a grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 4. Prior to issuance of building permits for the fence/walls and entry gate, the following shall be completed: a. Submit copy of the revised site plans pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials for the entire project site including slope areas for the proposed Park directly adjacent to the residential project; 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 Holly-Seacliff Specific Plan, and all landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) (Code Requirement) c. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PW) d. The Final Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. (Code Requirement) PC Minutes - 8/12/97 19 (97PCM812) e. Submit gated entryway (access control devices) plans to the Department of Community Development. The gated entryway shall comply with Fire Department Standard No. 403. Prior to the installation of any gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works Departments. 5. Prior to combustible construction, all roadways shall be completed to the base course of asphalt. 6. 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. 7. Prior to final building permit inspection and approval for the fence/walls and entry gate the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 2) Thirteen (13) new fire hydrants shall be installed at locations approved by the Fire Department. (FD) 3) Fire Department access roads shall comply with Huntington Beach Fire Code and City Specification #401. (FD) 4) Installation of required landscaping and irrigation systems and landscape irrigation and planting installation shall be certified to be in conformance with the City approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final inspection and approval. (PW) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. PC Minutes - 8/12/97 20 (97PCM812) c. 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. d. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. (FD) e. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) 8. A Conditional Use Permit and, where appropriate, a Coastal Development Permit shall be required and approved prior to issuance of building permits for construction of any residential units. 9. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Coastal Development Permit No. 97-5 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 97-5 shall become null and void unless exercised within two (2) years 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 Coastal Development Permit No. 97- 5, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs. 4. An encroachment permit shall be required for all work within the right-of-way. (PW) 5. 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. This includes Chapter 14.52, Water Efficient landscape Requirements of the Municipal Code. PC Minutes - 8/12/97 21 (97PCM812) 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. 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 TENTATIVE TRACT MAP 145901CONDITIONAL USE PERMIT NO. 96- 35NARIANCE NO.97-13 (CANNES POINTE RESIDENTIAL PROJECT APPLICANT: Huntington Signal Oil Co. LOCATION: Triangular Parcel bounded by Main Street, Garfield Avenue, and Huntington Street. PROJECT PLANNER: Wayne Carvalho Tentative Tract Map No. 14590, Conditional Use Permit No. 96-35 and Variance No. 97-13 represent a request by Huntington Signal Oil Company to subdivide a 3.75 net acre site into 34 lots in order to construct 29 single family residential units. The gated project involves the dedication and construction of street improvements on Main Street, Garfield Avenue, and Huntington Street, including the installation of a cul-de-sac on Huntington Street at Main Street. Variances are requested to encroach up to two feet into the 15 foot wide perimeter landscape easement, and to permit a six foot front garage setback and one open parking space for one unit. With the exception of these variances, the project will comply with the recently adopted Holly Seacliff Specific Plan RL-3 development standards for small lot subdivisions. Although vehicular access will be restricted between Main Street and Huntington Street, pedestrian access will be maintained. STAFF RECOMMENDATION: Staff recommends approval of the tentative tract map, conditional use permit and variances for the 29 unit single family subdivision for the following reasons: The project is consistent with the goals and objectives of the General Plan, incorporating a creative design that results in an attractive and viable residential area. The project's design properly adapts to the surrounding land uses, and the site is physically suitable for the proposed density of 4.83 units per gross acre. PC Minutes - 8/12/97 22 (97PCM812) �J ♦ The project will not be detrimental to the general health, welfare and safety, nor detrimental or injurious to the value of property and improvements of the neighborhood or the City in general. The project is compatible with the existing land uses and will be provided with the necessary infrastructure. In addition, adequate parking will be provided for the project residents. ♦ The location of the open fencing will not compromise public safety or detract from the visual character of the project. ♦ The project will comply with mitigation measures in Environmental Impact Report No. 89-1. ♦ With the exceptions of the variances requested, the project meets or exceeds the residential development standards of the Holly Seacliff Specific Plan, including the provision for common open space. Commissioner Chapman stated he would be abstained from taking action on this request due to a conflict of interest. THE PUBLIC HEARING WAS OPENED. Mark Jacobs, 2522 Chambers Road, Suite 110, Tustin, representing applicant, gave a brief history of the project. Mr. Jacobs stated that the majority of the project exceeds the residential development standards for the Specific Plan. Sheevann O'Connor, 18858 Milos Circle, President Seacliff Palms Homeowners' Association, spoke in support of the request. Kaz Begovich, 3821 Long Beach Blvd., architect for the project, spoke in support of the request stating that the variances were necessary as the triangular property was a hardship and difficult to design. Bob Gilbert, 4552 Lincoln, #206, Cypress, Civil Engineer, spoke in support of the request and stated he was available to answer any questions the Commission may have. Gerald Chapman, 6742 Shire Circle, stated concern regarding the proposed cul-de-sac on Huntington Street. He stated this will cause access problems to the surrounding properties. Mr. Chapman is also concerned with the vacation of the street, he feels the correct process would be an amendment to the Specific Plan. He feels there will be circulation problems. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Speaker stated that he could not support the request as the development is only setback 13 feet from a major thoroughfare. PC Minutes - 8/12/97 23 (97PCM812) 1 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO APPROVE TENTATIVE TRACT MAP NO. 14590, CONDITIONAL USE PERMIT NO.96-35 AND VARIANCE NO.97-13, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Livengood, Kerins, Tillotson NOES: Speaker ABSENT: Biddle ABSTAIN: Chapman MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14590: Tentative Tract Map No. 14590 for a 29 unit single family residential subdivision is consistent with the General Plan Land Use Element designation of Medium High Density Residential on the subject property, the Holly Seacliff Specific Plan, or other applicable provisions of this Code except for the variances noted herein. The proposed tract map for a single family detached project is a permitted use in the Medium High Density district. 2. The site is physically suitable for the type and density of development. The property was previously studied for a greater intensity of land use (25 units per acre) at the time that the General Plan designation and the Holly Seacliff Specific Plan zoning were adopted for the property. The size, depth, frontage, street width and other design features of the proposed subdivision area in compliance with the Specific Plan, with the exception of the variances approved as part of the project. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. There are no environmental impediments to the project. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The proposed cul-de-sac will improve access in and around the Main Street/Promenade Parkway intersection, and will allow the City to maintain all utility easements within the vacated portion of the street right-of-way. Public pedestrian access will be maintained between Huntington Street and Main Street. PC Minutes - 8/12/97 24 (97PCM812) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-35: 1. Conditional Use Permit No. 96-35 for the establishment, maintenance and operation of a 29 unit single family residential tract, a security gate system, and wrought iron fencing within the front setback of the common open space area 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 design of the proposed subdivision properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed wrought iron fences securing the common open space area will allow visibility down the cul-de-sac, into the green space. 2. Conditional Use Permit No. 96-35 will be compatible with surrounding uses. The proposed subdivision is surrounded on all three sides by streets and will not be directly adjacent to another development. The majority of the adjacent uses are multifamily residences, except for the City's Water Yard located south of the project site. Compliance with the mitigation measures of Environmental Impact Report No. 89-1 and code provisions ensure that the project will be compatible with other area developments. 3. The proposed 29 unit residential tract will comply with the provisions of the Holly Seacliff Specific Plan 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, except for the variances requested for encroachment into the landscape easement and reduced garage front setback. The proposed units meet all code provisions, including lot size, frontage, density, building height, setbacks, and parking, with the exception for the front setback and open parking for Lot 29. The proposed fence heights are permitted with a conditional use permit. 4. The granting of Conditional Use Permit No. 96-35 will not adversely affect the General Plan. The proposed subdivision is consistent with the Land Use Element designation of Residential Medium High Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L U 9.1.2: Require that single-family residential units be designed to convey a high level of quality and character considering the following guidelines: a. Modulate and articulate building elevation, facades and masses (avoiding undifferentiated "box -like" structures. d. Encourage innovative and creative design concepts. LU 9.3.2: Require that the design of new residential subdivisions consider the following: b. Integrate public squares, mini -parks, or other landscaped elements. g. Orient housing units to neighborhood and collector streets. PC Minutes - 8/12/97 25 (97PCM812) i. Consider reduced street widths to achieve a more "intimate" relationship between structures, to the extent feasible and in accordance with Huntington Beach Fire Department regulations. - FINDINGS FOR APPROVAL - VARIANCE NO.97-13: The granting of Variance No. 97-13 to encroach up to two feet into the 15 foot wide landscape easement that bounds the entire subdivision, and to allow a six foot front garage setback in lieu of minimum 18 feet, and one open parking space in lieu of two open spaces on Lot 29 will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The tract will be provided with adequate on -street parking. The encroachment into the landscape easement will allow for architectural relief in the perimeter building wall. 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 subject site is triangular in shape, restricting the overall design of the tract. The applicant is also responsible to dedicate and improve all three streets that surround the subject property, including the 13 to 15 foot wide landscape easement located outside of the tract's perimeter wall. Lot 29 is an odd -shaped lot which consists of the minimum lot area and frontage required under the present zoning. 3. The granting of Variance No. 97-13 is necessary to preserve the enjoyment of one or more substantial property rights. The variance for the encroachment into the landscape easement will provide variation in the long perimeter wall while providing 15 foot rear setbacks on the residential lots. In addition, the unique shape of Lot 29 will allow a residence to be built with a reduced garage setback and open space parking requirement similar to other units in the tract. 4. The granting of Variance No. 97-13 will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The reduced front garage setback and reduced landscape easement width will not adversely impact other properties in the area. 5. The granting of Variance No. 97-13 will not adversely affect the General Plan. The fencing encroachment and reduced front garage setback are consistent with the Land Use Element designation of Residential Medium High Density on the subject property by providing articulation in the tract perimeter fencing and intensified landscaping within the Main Street corridor. PC Minutes - 8/12/97 26 (97PCM812) CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 14590: 1. The tentative tract map received and dated May 27, 1997 shall be the approved layout with the following modification: a. The side property line between Lots 7 & 8 shall be modified to depict a ten (10) foot setback between the property line and driveway on Lot 7. 2. The following conditions are required to be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: (PW) a. All vehicular access rights to Main Street, Huntington Street and Garfield Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. (PW) 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. (PW) 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. (PW) d. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct the drainage system to serve the development. (PW) e. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. (PW) f. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. (PW) g. The entire water system located on -site may be public if designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. Inspection of the private water system shall be performed by the City of Huntington Beach Department of Public Works Water Division Inspectors. (PW) PC Minutes - 8/12/97 27 (97PCM812) h. The developer shall construct a new 12 inch water main in Huntington Street from Main Street to Garfield Avenue. The water line will be on the west side of Huntington Street south of the cul-de-sac and on the east side of the present centerline north of the cul-de- sac. The cost of the water main shall be shared as follows: the City shall be responsible for the incremental cost of constructing a 12 inch line as opposed to constructing an eight (8) inch line; the cost of constructing an eight (8) inch line shall be split evenly between the developer and the City. (PW) i. If the water demands (domestic and fire) for the proposed development cannot be met by the existing public infrastructure, it shall be the developer's responsibility to upgrade the public infrastructure to support this development. This may include re -configuring the valving at the Huntington/Garfield/Main intersections. (PW) j. All existing overhead utilities, less than 66 KV, shall be undergrounded, unless satisfied by other developer per Development Agreement No. 90-1. (PW) k. No combustible construction shall occur without the approved water system installed. (PW) 1. The following shall be dedicated to the City of Huntington Beach: 1. Garfield Avenue, Main Street and Huntington Street for street purposes. 2. An easement over the private streets, within said tract, for Police, Fire, and Public Works access purposes. m. A cul-de-sac shall be constructed on Huntington Street at Main Street as depicted on the tentative map per Public Works Standards. All access from Huntington Street shall be taken from Garfield Avenue. (PW) n. The developer shall be responsible for the removal of improvements and installation of landscaping (full width) within Huntington Street, north of the cul-de-sac, per Public Works requirements. A Landscape and Irrigation Plan for Huntington Street shall be submitted to the Department of Public Works for review and approval by the Park, Tree, and Landscape Division. (PW) o. The portion of Huntington Street, north of the cul-de-sac, located within the tract boundary shall be vacated on the Tract Map as approved by the City Council. Easements shall be retained for any existing public sewer and water lines. (PW) p. The proposed 4 foot sidewalk on the private streets shall meet ADA requirements (42" clear width). (PW) q. Traffic signal equipment shall be relocated as required, unless satisfied by other developer per Development Agreement No. 90-1. (PW) PC Minutes - 8/12/97 28 (97PCM812) r. Street lights shall be installed as required per Public Works Standard Plan No. 411, unless satisfied by other developer per Development Agreement No. 90-1. (PW) s. All existing trees shall be inspected, tested and inventoried by a Consulting Arborist. The Arborist shall quantify the trees, provide a report on the health of each, their size and species. If any trees are proposed to be saved, the Arborist shall determine if it is possible and make recommendations for the trees. (PW) t. All mature and healthy trees removed shall be replaced one for one with new 36" box trees or the Palm equivalent. (PW) u. A Landscape License Agreement shall be provided and approved. The License Agreement shall be for maintenance of the areas within the public right-of-way by the Homeowner's Association. (PW) v. The developer shall be responsible for the construction of the street improvements. (One- half of Main Street, including the landscape medians, Garfield Avenue and Huntington Street), unless satisfied by other developer per Development Agreement No. 90-1. (PW) w. An Affordable Housing Agreement Plan shall be submitted for review and approval by the Community Development Department. The plan shall provide for minimum 15 percent of the housing units approved to be affordable to families earning less than 120% of Orange County median as required by the Holly-Seacliff Specific Plan. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction, or available to the public, prior to final building permit approval (occupancy) of the first home. x. All commonly maintained and perimeter landscape areas shall be improved pursuant to an approved landscape plan. 3. Prior to submittal of the final map for approval by the City Council, the following shall be required: a. At least 60 days before City Council action on the final map, CC&R's shall be submitted to the Department of Community Development and approved by the City Attorney. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowner's Association. The CC&R's must be in recordable form prior to recordation of the map. PC Minutes - 8/12/97 29 (97PCM812) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.96-35/ VARIANCE NO.97-13: 1. The site plan received and dated June 5, 1997, and the floor plans and elevations received and dated May 28, 1996 shall be the conceptually approved layout with the following modification: a. The side property line between Lots 7 & 8 shall be modified to depict a ten (10) foot setback between the property line and driveway on Lot 7. b. The elevations fronting all streets or common areas shall be enhanced as recommended by the Design Review Board. c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public right-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) 2. Fencing plans dated and received June 27, 1997 shall be the conceptually approved layout with the following modifications: a. The wood fences proposed between lots within the tract shall be changed to be constructed of masonry material compatible with the perimeter tract fencing. b. The emergency access on Main Street shall be constructed of turf block as approved by the Fire Department. The fencing system shall be located at the same setback as the perimeter fencing. c. The walls along the street side property line of Lots 8 & 27 shall be setback five feet from the side property line. The five foot wide area shall be fully landscaped and maintained by the Homeowner's Association. d. The fencing along north property line of Lot 29 outside the main entry gate shall be setback in line with the side yard fencing inside the entry gate as depicted on the approved plan. e. The ten (10) foot corner cut-off between Lots 7 & 8 shall be provided for visibility purposes. 3. All applicable mitigation measures in Environmental Impact Report No. 89-1 shall be adhered to. PC Minutes - 8/12/97 30 (97PCM812) 4. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all working drawings sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). Model numbers, lot numbers and street names shall be depicted on the site plan. b. Three new fire hydrants shall be installed at locations approved by the Fire Department. Shop drawings for the new fire hydrants shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. (FD) c. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. Street address numbers shall be installed to comply with City Specification No. 428. (FD) d. Fire lanes shall be designated and posted to comply with City Specification No. 415. (FD) e. Security gates shall be designed to comply with City Specification No. 403. (FD) f. Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. (FD) g. Street names shall comply with City Specification No. 409 and be submitted to the Fire Department for review and approval. (FD) h. 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. (FD) i. 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. (FD) j. 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. (BLDG) k. 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. (BLDG) PC Minutes - 8/12/97 31 (97PCM812) 1. Residential type structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 65 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report and plans, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). Units shall also comply with the State of California Noise Insulation Standards. (Code Requirement) m. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) n. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) o. A separate fencing plan shall be submitted for review and approval by the Department of Community Development. The fencing plan shall include a site plan with linear dimensions of all walls to be constructed, and setback dimensions from property lines. p. 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. 5. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted and approved by the Department of Public Works. (PW) b. A detailed soils analysis shall be prepared by a Registered 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. (PW) c. The developer shall obtain a National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater Permit for construction activities from the Regional Water Quality Control Board. Evidence that the permit has been obtained shall be submitted to the City Engineer Department of Public Works. (PW) PC Minutes - 8/12/97 32 (97PCM812) C 1 d. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer. (PW) 6. Prior to issuance of building permits, the following shall be completed: a. Final Tract Map No. 14590 shall be accepted by the City Council, recorded with the Orange County Recorder. A reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. (PW) b. A street improvement plan for Main Street, Garfield Avenue and Huntington Street, shall be prepared by a Registered Civil Engineer and submitted to the Department of Public Works for review and approval. (PW) c. A Landscape Construction Set shall be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. All mature and healthy trees removed shall be replaced one for one with new 36" box trees or the Palm equivalent. (PW) d. Three (3) fire hydrants shall be required and installed prior to combustible construction. (FD) e. All roadways shall be completed to the base course of asphalt prior to combustible construction. (FD) f. The applicant shall submit a site plan depicting the Model homes/sales office, and parking lot locations to the Department of Community Development for review and approval. g. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. h. Submit gated entryway (access control devices) plans to the Community Development Department. 'The gated entryway shall comply with Fire Department Standard No. 403. Final design and location of gates and call boxes shall be reviewed and approved by the Community Development, Fire, and Public Works Departments. PC Minutes - 8/12/97 33 (97PCM812) i. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. Appropriate mitigation may include, but not be limited to, use of existing facilities or surplus sites expansion of capacity at existing sites, construction of new facilities, payment of fees, and reduction of densities. The Community Development Department shall be provided with a copy of an agreement prior to issuance of building permits. 7. During construction, the following shall be adhered to: 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. 8. Prior to final building permit inspection approval for any single family residential unit, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. All 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. c. Final Tract Map No. 14590 shall be accepted by the City Council. It shall be recorded with the County Recorder's Office and a copy submitted to the Planning Division prior to final inspection of first unit. d. 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 HBZSO. PC Minutes - 8/12/97 34 (97PCM812) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Tract Map No. 14590, Conditional Use Permit No. 96-35, and Variance No. 97-13 shall not become effective until the ten day appeal period elapses. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department, except as noted herein, and shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 3. All applicable Public Works fees shall be paid. (PW) 4. Traffic Impact Fees shall be paid at the time of final building inspection of the first unit. (PW) 5. Park and Recreation fees shall be paid prior to approval of Final Tract Map No. 14590. 6. All new utilities shall be installed underground. (PW) 7. An encroachment permit shall be required for all work within public rights -of -way. (PW) 8. State -mandated school impact fees, or such fees as have been agreed to by the applicant and the school districts, shall be paid prior to issuance of building permits. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited on Sundays and Federal holidays. 10. The Planning Commission reserves the right to revoke Tentative Tract Map No. 14590, Conditional Use Permit No. 96-35, and Variance No. 97-13, pursuant to a public hearing for revocation, if any violation of these conditions or the Holly Seacliff Specific Plan or Municipal Code occurs. 11. Tentative Tract Map No. 14590, Conditional Use Permit No. 96-35 and Variance No. 97-13 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 12. 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 within two (2) days of the Planning Commission's action. PC Minutes - 8/12/97 35 (97PCM812) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 10,1997 A MOTION WAS MADE BY KERINS, SECONDED BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 10,1997, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Tillotson, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED JULY 8. 1997 A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 8,1997, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Tillotson, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Chapman - stated that sales representatives at the Hampton's residential development on the north side of Garfield, west of Goldenwest Street are informing potential buyers that their oversized lots would not permit equestrian uses. Since this is contrary to the Ellis-Goldenwest Specific Plan, he requested staff to investigate this matter with the property owner. He also requested the status of a $56,000 bond posted by David Dahl in 1990 for Tract 11473 that was required by the City when an equestrian lot was redesignated to single family residential. PC Minutes - 8/12/97 36 (97PCM812) Commissioner Kerins - stated that the Seacliff homes have windows that look into the next door windows and asked staff if this is common practice. Staff stated that often times developers leave windows open to allow more light into the unit. Glass block and/or window treatments are added later. He also asked staff to add to the code amendment list a request to require block walls in the City as part of new subdivisions. The Commission stated that they would be holding a Study Session on August 26, 1997, at 4:30 PM to 6:00 PM to discuss Major Projects in the City, McDonnell Douglas Master Plan and Pending Items. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zele�ky, Planning Director - restated actions taken at the previous City Council meeting and discussed upcoming items. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETIN Scott Hess, Senior Planner - reviewed items tentatively scheduled for the September 9, 1997, Planning Commission meeting. G. ADJOURNMENT -Adjourn to the August 26,1997, Planning Commission Study 1kSession. A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO ADJOURN TO A 4:30 PM STUDY SESSION ON AUGUST 26,1997, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Tillotson, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED /kjl AP P OVED BY: Z_ � 9 and Zelef , Se etary Planning Commission Chairperson PC Minutes - 8/12/97 37 (97PCM812) 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY S,1997 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM ENVIRONMENTAL BOARD COMMUNITY SURVEY (5 30 -6:00 PMl - Mary Beth Broeren REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to speak, No action can betaken by the Planning Commission on this date, unless the item is agendized . Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the publie hearing. (d MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) A. ORAL COMMUNICATIONS James B. Zarin-Asfar, stated that he felt a previous action taken by the Planning Commission regarding a home on Jockey Circle was denied unjustly. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.97-20 (ROCKETS AND POCKETS) (CONTINUED FROM JUNE 10,1997): APPLICANT: Paul Roberts LOCATION: 19092 Beach Boulevard (south of Garfield, east side of Beach). PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 97-20 represents a request by Paul Roberts to permit the continued operation of a 4,950 square foot family billiard center, Rockets & Pockets, as an interim use until the use is converted at a later date to an adult billiard center with alcoholic beverage sales. The Planning Commission and City Council approved Rockets & Pockets in 1988 as a family billiard facility for an initial five-year period. A subsequent conditional use permit to allow beer sales became null and void due to the surrender of the Alcoholic Beverage Control Board license. This new conditional use permit allows the city to re-evaluate the use and revise the conditions of approval accordingly. The public hearing to allow the continued operation of the family billiard facility was continued from the May 13, and June 10, 1997, Planning Commission meetings at the request of the applicant. At the June 10 meeting, the applicant requested that the Planning Commission allow the family billiard facility to be converted to an adult billiard facility with the sale of alcoholic beverages. The family billiard facility will continue to operate until a new ABC license is approved and the facility is converted to an adult facility. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 97-20 for the following reasons: ♦ The project is consistent with the Commercial General land use designation of the General Plan and with the Land Use and Economic Elements because it increase the type and variety of commercial activity in the City. • The project will not be detrimental to the general health, welfare and safety, or detrimental to the value of the improvements in the area because sufficient parking is provided for the proposed use and the existing uses within the commercial center. ♦ Conditions of approval are suggested to minimize negative impacts on adjacent uses and to minimize police activity at the site. THE PUBLIC HEARING WAS OPENED. Paul Roberts, 19092 Beach Boulevard, applicant, urged the Commission to support the request and stated he was available to answer questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. After discussion the Commission requested staff to modify the following conditions: ► Condition No. 2 to allow the Planning Commission, in lieu of the Planning Division, to review and approve the floor plan when submitted; ► Condition No. 4.b. and 5.d to reflect 9:00 PM in lieu of 7:00 PM for a security guard to be present in the parking lot; PC Minutes - 7/8/97 2 (97PCM708) ► Condition No. 41 change the word "juveniles". to "no persons under the age of 21;" ► Condition No. 41. add a condition requiring two (2) adult (21 years of age or older) employees to be on duty at all times; ► Condition 5.d change the wording "(minimum 18 years of age)" to "(minimum 21 years of age);" and ► Condition No. 5.f. delete. Commissioner Inglee stated that he was opposed to the modification to have the Planning Commission review the floor plan when submitted. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.97-20 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: ' AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: Inglee ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-20• 1. Conditional Use Permit No. 97-20 for the continued operation of the family billiard center for up to six (6) months and conversion at a later date to an adult billiard facility 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. There is adequate parking for vehicles and bicycles for the use and other uses within the commercial center. The adult facility with the conditions imposed is expected to eliminate the past need for police assistance at the site. 2. The conditional use permit to allow the continued operation of the family billiard center for up to six (6) months and conversion at a later date to an adult billiard facility will be compatible with surrounding uses because noise impacts are minimized due to the suggested conditions of approval. 3. The continued operation of the family billiard center for up to six (6) months and conversion at a later date to an adult billiard facility will comply with the provisions of the base district 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 shopping center complies with the development standards, parking, and landscaping requirements of Chapters 211, 231, and 233 respectively. PC Minutes - 7/8/97 3 (97PCM708) 4. The granting of the conditional use permit to allow the continued operation of the family billiard center for up to six (6) months and conversion at a later date to an adult billiard facility will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. (Goal LU 7) b. Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. (Policy LU 7.1.1) c. Allow for the continued occupancy, operation, and maintenance of legal uses and structures that exist at the time of the adoption of the General Plan and become non- conforming due to use, density, and/or development requirements. (Policy LU 7.1.3) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-20: 1. The floor plan received and dated April 1, 1997, shall be conceptually approved layout for the existing family billiard center. 2. Prior to the conversion to an adult billiard center, a floor plan shall be submitted to the Planning Commission for review and approval. 3. This approval is for a billiard center with ancillary 12 arcade game machines and sale of food. No more than 12 stools/ seats adjacent to the snack bar shall be permitted without prior approval of a conditional use permit. 4. The facility shall be converted to an adult billiard use within six (6) months of approval of this application and comply with the following: a. Hours of operation shall be limited to between 9:00 AM to 12:00 AM on Sundays through Thursdays and 9:00 AM to 2:00 AM on Fridays and Saturdays. b. After 9:00 p.m. and until one-half (1/2) hour after closing, there shall be at least one security guard (minimum 21 years of age) in the parking lot to insure that loitering does not occur within three hundred feet of the location. The security guard shall be clearly in uniform and shall be from a licensed security guard firm. This condition may be waived if determined unnecessary by the Police Department. (PD) c. A complete copy of all required employee records shall be kept on the premises. These records shall include all Federal and State forms for legal employment. (PD) PC Minutes - 7/8/97 4 (97PCM708) d. All cue sticks and balls not in use shall be locked up behind the counter area and only released by an employee of the location.. Only, one pool cue stick issued to a customer. All customers shall be required to leave a bonafide form of identification with an employee prior to receiving a cue stick or balls. (PD) e. There shall be no use of the trash area after 10:00 PM. f. There shall be no persons under the age of 21 in the billiard facility. (PD) g. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control board (ABC) license, along with any special condition imposed by the ABC, shall be submitted to the Department of Community Development for the file. Any condition that are more restrictions than those set forth in this approval shall be adhered to. h. There shall be a minimum of two adult (21 years of age or older) employees on duty at all times. This number does not include any required security guards. (PD) 5. Within two (2) weeks from the effective approval date, the existing family billiard use shall comply with the following: a. Hours of operation shall be limited to between 11:00 a.m. to 10:00 p.m. on Sundays through Thursdays and 11:00 a.m. to 12:00 a.m. (midnight) on Fridays and Saturdays. (PD) b. No alcoholic beverages shall be sold for consumption on -site or off -site. c. There shall be a minimum of two adult (21 years of age or older) employees on duty at all times. This number does no include any required security guards. (PD) d. After 9:00 p.m. and until one-half (1/2) hour after closing, there shall be at least one security guard (minimum 21 years of age) in the parking lot to insure that loitering does not occur within three hundred feet of the location. The security guard shall be clearly in uniform and shall be from a licensed security guard firm. (PD) e. A complete copy of all required employee records shall be kept on the premises. These records shall include all Federal and State forms for legal employment. (PD) f, After 10:00 p.m. there shall be no juveniles in the family billiard center building unless accompanied by a parent. (PD) g. There shall be no use of the trash area after 10:00 p.m. 6. The applicant shall establish a contact person to resolve neighborhood complaints. The name and telephone number of the contact person shall be made available to the Department of Community Development and to the Seawind Cove Homeowner's Association. PC Minutes - 7/8/97 5 (97PCM708) 7. A review of the use shall be conducted by the Staff within six (6) months of the date of this approval to verify compliance with all conditions of approval, applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance, and the Huntington Beach Municipal Code. If violations are noted, a public hearing will be scheduled for Planning Commission review and action. At that time the Planning Commission may consider modifications to the conditions of approval. (PD) 8. All conditions stated herein shall be complied with immediately following the effective date of approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-20 shall not become effective until the ten-day appeal period has elapsed. 2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-20 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 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, except as noted herein. 4. 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. 5. The location and use shall comply with all requirements of Chapter 9.32, Pool and Billiard Halls, of the Huntington Beach Municipal Code. 6. All signs shall comply with Planned Sign Program No. 86-1. 7. The approval of this Conditional Use Permit supersedes all previous Conditional Use Permits relative to a billiard facility on the site. PC Minutes - 7/8/97 6 (97PCM708) E B-2 CONDITIONAL USE PERMIT NO.97-8/VARIANCE NO, 97-2 (ACCESSORY DWELLING UNIT): APPLICANT: Lisa Webber LOCATION: 221 Indianapolis (north side of Indianapolis, approximately 140 ft. west of Huntington Street). PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 97-8 represents a request to permit an existing, detached accessory dwelling unit (converted garage) and a fence extension that exceeds the maximum six foot height. This second unit on the property does not conform to the standards for accessory units. Therefore, the applicant also requests Variance No. 97-2 to allow: 1) the second unit to be detached from the main unit; 2) the second unit on a 3,125 sq. ft. lot in lieu of a minimum 6,000 sq. ft. lot; 3) tenant occupied units in lieu of one unit as owner occupied; 4) a patio cover at a zero side yard setback; and 5) and no on -site parking. STAFF RECOMMENDATION: Staff recommends denial of Conditional Use Permit No. 97-8 and Variance No. 97-2 for the following reasons: • The proposed parking is insufficient for a single family dwelling with a second unit in a densely populated downtown area since the Huntington Beach Zoning and Subdivision Ordinance does not restrict occupancy of an accessory dwelling . There is no parking on -site which impacts surrounding residential on -street parking. The code requires a minimum of three (3) parking spaces on -site. • There are no special circumstances applicable to the site to warrant variance approval. • Granting of the variance requests is a special privilege and detrimental to the public welfare and surrounding properties. The intent for requiring minimum 6,000 sq. ft. lots for second dwelling units is for adequate open space, setbacks, and quality of life issues. • The garage conversion is in violation of a previously issued building permit. • The fence extension is not necessary to provide separation between the property and the adjacent alley. • The granting of the conditional use permit and variances to permit the accessory dwelling unit will be precedent -setting. Second units that do not meet density standards or accessory unit standards have not been permitted. PC Minutes - 7/8/97 7 _ (97PCM708) The Commission asked staff if they had found other approved structures in the area that were similar in circumstance to this request and what specifically would have to be done to bring the structure into compliance. Staff stated that they had found no approved structures similar in circumstance in the area. They also stated that they could not give specifics on what needs to be brought into compliance until an inspection was performed on the structure. THE PUBLIC HEARING WAS OPENED. Marie St. Germain, 505 Alabama Street, Downtown Residents Association, spoke in opposition to the request stating that illegal units create parking problems and increases density which deters the deters the quality of life in a neighborhood. Jim Banks, 505 Alabama Street, Downtown Residents Association, spoke in opposition to the request stating that illegal units create density increases and parking problems. He stated that the City should not encourage people to take advantage of the process. Nikki Niznik, 221 Indianapolis Avenue, stated that she is the front tenant on the property and does not think that there is a parking problem. She stated the economic impacts to the tenant and the property owner would be too great if the Planning Commission denied the request. Lisa Webber, 1185 Keith Avenue, Berkeley, applicant, stated that she feels the property conforms to the intentions of the law. She stated that her property is currently less dense that the surrounding properties and that the law allows. She urged the Commission to approve the request. James D. Otterson, 221 Indianapolis Avenue, stated that he is familiar with the parking problems of Huntington Beach but does not feel there is a problem in the subject area of Indianapolis. He stated that he feels the request would be acceptable with minor modifications to the conditions. Tony Kalko, 919 Huntington, spoke in support of the request. Rifka Hirsch, 221-B Indianapolis Street, tenant in the subject structure, stated that property is less dense than the surrounding area structures. She stated that lattice was installed for safety purposes and urged the Commission to approve the request. Coleman Scott, 222 Indianapolis Avenue, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Planning Commission felt that the request did not go against the General Plan as it provides for different types of housing in that area and provides affordable housing to the City. The also felt that the applicant could build a higher density project on this lot. PC Minutes - 7/8/97 . 8 (97PCM708) After discussions regarding compliance'with'the building'codes, the Planning Commission suggested a continuance of the request to allow an inspection of the subject structure by Building Division staff. The purpose of the inspection will be to identify the work necessary to bring it into compliance with the Uniform Building Code for legal residential occupancy. The Commission also requested staff to investigate ways to reduce costs to the applicant. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY TILLOTSON, TO CONTINUE CONDITIONAL USE PERMIT NO.97-8 AND VARIANCE NO.97-2 TO THE AUGUST 12,1997, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO, 97-28 (DUKE'S LIVE ENTERTAINMENT AND ALCOHOL SALES APPLICANT: T.S. Management Corp. LOCATION: 317 Pacific Coast Highway (former Maxwell's Restaurant site). PROJECT PLANNER: Wayne Carvalho Conditional Use Permit No. 97-28 represents a request to allow live entertainment and alcohol sales in conjunction with the recently approved Duke's Surf City Restaurant. The request also includes allowing the sale of alcohol by a second tenant proposed to occupy the lower level of the restaurant building. The live entertainment and alcohol sales will compliment the restaurant use by providing music to patrons and visitors to the restaurant. The live entertainment will occur inside the restaurant between 1:00 PM and 1:00 AM, seven (7) days a week. Staff has analyzed the request and believes that the proposed uses will be compatible with the existing and surrounding commercial uses in the downtown area, and is adequately separated from residential uses. The use will comply with all City codes and conditions, as well as all conditions imposed by the Alcoholic Beverage Control Board (ABC). PC Minutes - 7/8/97 9 (97PCM708) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 97-28 with findings and suggested conditions of approval for the following reasons: ♦ The site was previously approved with a two story restaurant use. ♦ Noise associated with the live entertainment will primarily be contained within the restaurant area. ♦ The live entertainment and sale of alcohol will not be detrimental to the surrounding land uses and will be compatible with existing uses in the area. ♦ The live entertainment will be restricted to specific hours and will be separated from residential uses by a substantial distance. ♦ The proposed use complies with the Downtown Specific Plan, District No. 10 and the Huntington Beach Zoning and Subdivision Ordinance. ♦ The proposed use complies with the provisions of the Commercial Visitor designation of the General Plan. The proposed use will be a compliment to the downtown and expands the type of commercial activities available to the public. THE PUBLIC HEARING WAS OPENED. Bill Parsons, TS Restaurants, representing applicant, stated he concurred with staff s report and was available to answer any questions the Commission may have. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY SPEAKER, SECONDED BY INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO.97-28 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED J PC Minutes - 7/8/97 10 (97PCM708) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 97-28 1. Conditional Use Permit No. 97-28 for the establishment and operation of live entertainment and alcoholic beverage sales at the previously approved Duke's Surf City Restaurant location 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 proposed restaurant is separated from residential properties by Pacific Coast Highway, parking lots and plaza areas. In addition, the noise associated with live entertainment will be controlled through the use of a sound system, and will be restricted to specific hours of operation. 2. The proposed use will be compatible with surrounding commercial and pier related recreational uses. The ancillary live entertainment and alcoholic beverage sale uses are compatible with the zoning designation of Downtown Specific Plan District 10 (Pier Related Commercial). The request for live entertainment and alcohol sales does not represent a significant change to the prior use (Maxwell's Restaurant). 3. The proposed use will comply with the provisions of the base district of the Downtown Specific Plan District No. 5 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. No exceptions to code requirements are being requested as part of this application. 4. The granting of Conditional Use Permit No. 97-28 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial Visitor on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. b. Obiective LU 10.1: 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 the local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. c. Obiective ED 2.4: Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. d. Policies ED 2.6.1: Encourage the attraction of coastal and inland visitor serving uses to offer a wider spectrum of visitors. PC Minutes - 7/8/97 11 (97PCM708) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-28: 1. The site plan and floor plan received and dated April 17, 1997 shall be the conceptually approved layout. 2. Prior to sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC shall be submitted to the Department of Community Development for inclusion in the entitlement file. 3. The use shall comply with the following: a. All conditions imposed on the Entertainment Permit shall be complied with. b. All conditions on the Alcoholic Beverage Control Board (ABC) License shall be complied with. Any conditions that are more restrictive than those set forth in this conditional use permit approval shall be adhered to. c. Alcoholic beverages served on the outdoor dining areas will be monitored by the Police Department. Should -the Police Department determine that a physical separation (i.e. windscreen) be installed between the outdoor dining areas and the plaza or beach areas, the restaurant operator shall install the barrier following City approval. The design, including materials and colors used, shall be approved by the Design Review Board prior to installation. (PD) 4. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-28 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-28 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 - 7/8/97 12 (97PCM708) 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-28 , pursuant to a public hearing for revocation, if any -violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance 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. 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. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 24, 1997 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 24,1997, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Tillotson, Speaker NOES: None ABSENT: Inglee, Biddle ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Tillotson - requested staff to investigate more frequent trash pick-ups in the downtown area. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsjg� Planning Director - restated actions taken at the previous City Council meeting and discussed upcoming items. PC Minutes - 7/8/97 13 (97PCM708) F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Susan Pierce, Associate Planner - reviewed the items for the August 12, 1997, Planning Commission meeting. G. ADJOURNMENT -Adjourn to the August 12,1997 Planning Commission meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY INGLEE, TO ADJOURN TO A 4:30 PM STUDY SESSION ON AUGUST 12,1997, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPROVED BY: IfMrd Zelefs ec tary Planning Commis ' n Chairperson PC Minutes - 7/8/97 14 (97PCM708)