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HomeMy WebLinkAbout1997-12-09F. MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, DECEMBER 9,1997 STUDY SESSION - 5:30 PM - Council Chambers - Civic Center 2000 Main Street Huntington Beach, California ENTITLEMENT PLAN AMENDMENT NO.97-9/VARIANCE 97-6/NEGATIVE DECLARATION NO.97-17 (FURHMAN SINGLE FAMILY RESIDENCE) - Wayne Carvalho ZONING TEXT AMENDMENT LIST - Scott Hess PROTOCOL LIST - Scott Hess AGENDA REVIEW - Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A P P P P P P ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker AGENDA APPROVAL - (Motion to: "Move agenda items C, D, E and F to the beginning of the agenda.') [APPROVED (6-0: INGLEE ABSENT)J Please note the minutes will reflect actions taken in the regularly scheduled order. Anyone wishing to speak must fill out and submit a form to spear No action can be taken 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 public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) A. ORAL COMMUNICATIONS NONE a B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.97-49 (JIFFY LUBE): APPLICANT: The Oil Shoppe, c/o Mr. Tom Burney LOCATION: 8971 Warner Avenue (northwest corner of Warner Avenue and Magnolia Street) PROJECT PLANNER: Peter Vanek Conditional Use Permit 97-49 is a request to construct a 3,346 square foot vehicle service facility (Jiffy Lube) on an existing 22,290 square foot vacant parcel. The proposed building will be architecturally integrated with the adjacent retail center and will provide reciprocal access between the two sites. The service bays will be adequately screened from adjacent streets and the landscaping provides almost three times the area required by code. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 97-49 for the following reasons: ♦ The project is consistent with the goals and objectives of the General Plan, incorporating a high level of architectural design and a creative and unique site layout. ♦ The project has been designed to complement the architecture of the adjacent commercial center, providing the appearance of an integrated commercial development with the inclusion of reciprocal access to the adjacent site. ♦ The project will contribute to the diversity of service commercial uses that are oriented to the needs of the local residents and will serve the surrounding region. ♦ The use is compatible with the area and any potential visual impacts have been addressed. ♦ The project will meet or exceed the requirements of the Huntington Beach Zoning and Subdivision Ordinance, including Chapter 231 (parking), Chapter 232 (landscaping), and Chapter 211 (commercial districts). THE PUBLIC HEARING WAS OPENED. Tom Burnery, 7911 Telegraph Road, Pico Rivera, applicant, stated that he concurred with staff s report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 12/9/97 2 (97PC1209) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER TO APPROVE CONDITIONAL USE PERMIT NO.97-49 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-49: 1. Conditional Use Permit No. 97-49 for the establishment, maintenance and operation of the proposed 3,346 square foot Jiffy Lube 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. The project will improve the overall appearance and condition of the intersection and will complement the adjacent commercial center. It will provide and additional service to the residents and provide a revenue source to the City where none exists currently. 2. The conditional use permit will be compatible with surrounding uses due to the commercial character of the neighboring center and the existing service stations at other street corners in the vicinity. The proposed service bay screen walls are properly integrated into the building design. 3. The proposed vehicle service 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 project complies with the development standards, parking, and landscaping requirements of Chapter 211, 231, and 232 respectively. 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 Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality (LU 10.1.2). b. Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including the consideration of: (LU 10.1.12) PC Minutes - 12/9/97 3 (97PC 1209) 1) Incorporation of site landscape, particularly along street frontages and in parking lots. 2) Linkage of building's by common architectural design. 3) Siting of buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalks. 4) Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations 5. The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the CEQA Guidelines, because the project involves the construction of a commercial building less than 10,000 square feet in area. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-51: 1. The site plan, floor plans, and elevations received and dated November 12,1997 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict building materials proposed and colors shall match the colors of the adjacent retail center. b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code to the approval of staff. (Code Requirement) c. Include a detail of the trash enclosure showing a six foot high masonry screen wall. All trash enclosures shall not encroach onto required drive aisles and fire lanes. (Code Requirement) d. 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) e. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) PC Minutes - 12/9/97 4 (97PC 1209) f. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox' ' facilities and similar items on the site plan and elevations for the vehicle repair facility. 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. g. 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 issuance of grading permits, the developer shall obtain a National Pollution 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. 3. 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. Submit a revised site plan, floor plan, and elevations to the Community Development Department for approval and inclusion in the entitlement file depicting the modifications listed in Condition No. 1 above. c. All Fire Department requirements shall be noted on the building plans as follows: 1) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 3) Address numbers will be installed to comply with City Specification #428. The number for the building will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1.5) inches. 4) Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. PC Minutes - 12/9/97 5 (97PC1209) 4. Prior to issuance of building permits, the following shall be completed: a. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval. (PV) b. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. (PW) c. 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 for grading, chemical and fill properties, foundations, retaining walls, streets and utilities. (PVC d. The subject property shall enter into an irrevocable reciprocal driveway agreement between the subject site, or the subject property shall provide an irrevocable offer to dedicate, between the subject site and the adjacent property. The owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Department of Community Development a minimum of 30 days prior to building permit issuance. The document shall be approved by the Department of Community Development and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Department of Community Development. (Code Requirement) e. 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. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. PC Minutes - 12/9/97 6 (97PC1209) 6. Prior to final building permit inspection and approval, the following shall be completed. a. The existing westerly driveway on Warner Avenue shall be removed and replaced to conform to Standard Plan No. 211 (radius type driveway). (PW) b. The existing easterly driveway on Warner Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW) c. The existing curb and gutter on Warner Avenue shall be removed and replaced. (PW) d. The badly deteriorated paving adjacent to the gutter on Warner Avenue shall be removed and replaced to a two (2) foot minimum from the gutter. (PW) e. The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each structure. The plan shall include driveway locations and identify areas, including stationed service connections for water and sewer to each building, public and private fire hydrants, valves, and other appurtenances in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works Standards and Water Division Design Criteria. This plan shall be approved by the Public Works Water Division prior to any construction. (PW) f. Backflow protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for irrigation and fire suppression water services. All backflow devices shall be painted to match surrounding aesthetics, and be screened from view to the satisfaction of the City of Huntington Beach Fire Department, Landscape Architect and Water Division. The markings indicating the size, model number and serial number shall be affixed to the body of the backflow device and must remain visible after painting. (PW) g. The developer shall submit water system calculations to ensure proper water meter and water main sizes no later than the first plan check submittal. (PW) h. Street lights shall be installed as required per Standard Plan No. 411. (PW) i. All existing overhead utilities shall be undergrounded. (PW) j. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. k. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including but not limited to landscaping, parking lot striping, and Fire Department requirements. PC Minutes - 12/9/97 7 (97PC 1209) 1. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. in. 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. 7. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) b. Service roads and fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. d. All repair/service work shall be conducted entirely within the building. e. Only the uses described in the narrative submitted shall be permitted (attached). f. Paging and music system speakers located or firing outside the building shall be prohibited. g. Pneumatic tools shall not be utilized for any purpose as a part of this use. 8. Upon removal of the existing soil remediation equipment, the area shall be improved per the approved site plan. 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 pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-49 shall not become effective until the ten day appeal period has elapsed. PC Minutes - 12/9/97 8 (97PC1209) 2. Conditional Use Permit No. 97-49 shall become null'and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-49, 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. All applicable Public Works fees shall be paid. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PW ) 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. An encroachment permit shall be required for all work within the right-of-way. (PW ) 7. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 8. 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. 9. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. All signs shall conform to the HBZSO. Prior to installing any new signs, a building permit shall be obtained from the Department of Community Development. 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 to the Department of Community Development within two (2) days of the Planning Commission's action. PC Minutes - 12/9/97 9 (97PC1209) B-2 TENTATIVE TRACT MAP NO. 14660 (BELMONT) APPLICANT: PLC Land Co. LOCATION: Southeast corner of Ellis Avenue and Gothard Street PROJECT PLANNER: Peter Vanek Tentative Tract No. 14660 represents a request by PLC Land Company to subdivide a vacant 21.84 acre site for future construction of 98 single family homes. Project density will be 4.49 units per gross acre. The tract will be gated and take access off of Promenade Parkway. A 13,208 square foot common open space area will be provided as a part of the project for the benefit of the residents. The proposed lots range in size from 4,565 square feet to 8,306 square feet. The proposed tract layout meets the standards of the Holly Seacliff Specific Plan, and associated infrastructure improvements and perimeter fencing would be installed. A density transfer is proposed within Planning Unit II. The proposal includes the transfer of 69 dwelling units from Planning Unit II-2 to Planning Unit II-3, and 75 dwelling units from Planning Unit II- 2 to Planning Unit II-4 (Attachment No. 5). 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 a continuous network of sidewalks linking community areas and emphasizes a pattern of "blocks" rather than cul-de-sacs. ♦ The project's design properly adapts to the surrounding terrain and land uses and the site is physically suitable for the proposed density of 4.49 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 or exceeds the residential development standards of the Holly Seacliff Specific Plan, including the provision of common open space. ♦ The proposed density transfer will not exceed the maximum number of dwelling units permitted by the General Plan and the Holly Seacliff Specific Plan for the Planning Area as well as the individual Planning Units. PC Minutes - 12/9/97 10 (97PC1209) THE PUBLIC HEARING WAS OPENED. ' ' ' Bill Holman, PLC, 23 Corporate Plaza Drive, #250, Newport Beach, representing applicant, stated that the request will provide adequate open space and the applicant concurs with staff s report and recommendation. J.D. Miles, 19415 Castlewood, FANS, spoke in support of the request stating that it conforms with the Holly Seacliff Specific Plan. Bruce Powers, 7452 Talbert Avenue, FANS, spoke in support of the request stating that it would be a benefit to the community. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY TILLOTSON, TO APPROVE TENTATIVE TRACT MAP NO. 14660 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14660: 1. Tentative Tract Map No. 14660 for subdivision of 21.84 gross acres for the purpose of an 98 unit, detached, single family residential subdivision is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, or any applicable specific plan, or other applicable provisions of this Code. Single family developments are permitted uses. 2. The site is physically suitable for the type and density of development at 4.49 units per gross acre. The site was previously studied for a greater intensity of land use (fifteen 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. PC Minutes - 12/9/97 11 (97PC1209) 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. 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. CONDITIONS OF APPROVAL - TENTATIVE MAP NO. 14660: 1. The tentative tract map received and dated December 3, 1997, shall be the approved layout. 2. Prior to submittal of the final map for approval by the City Council, 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 shall include notice on possible future uses of the Transportation Corridor. 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. (PV) a. All vehicular access rights to Gothard Street, Ellis Avenue, Promenade Parkway and Seagate Drive shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. b. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. c. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. d. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct the drainage system required to serve the development. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. PC Minutes - 12/9/97 12 (97PC1209) e. The developer shall construct a 72" public storm drain located 10 feet west of the centerline of "D" Street with proper easement distance in flag lot driveway. f. The developer shall install storm drain fossil filters at each catch basin to the satisfaction of the Department of Public Works. (NPDES) g. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. h. 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 for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. i. A Landscape and Irrigation Plan shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. j. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. k. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval. 1. All sidewalk widths shall meet ADA requirements. in. The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each structure. This plan shall be approved by the Public Works Water Division prior to any construction. n. The developer shall submit water calculations to ensure proper water meter and water main sizes no later than the first plan check submittal. o. The reclaimed water lines in Promenade Parkway, Gothard Street and Ellis Avenue shall be utilized for landscape irrigation around the perimeter of the proposed development. p. If the development is to be gated, the Water Operations Department shall be issued keys to all Knox Boxes to insure continuous access to facilities. q. Separate domestic meters and services shall be required for each unit. The domestic meters and services shall be sized per the Uniform Building Code, Building Department and Fire Department Standards. PC Minutes - 12/9/97 13 (97PC1209) r. Meters shall be located per Huntington Beach Water Division Standards, and shall not be located in driveways. s. The developer (and any subsequent HOA) shall enter into a Special Utility Easement Agreement with the City, which shall address repairs to any enhanced pavement, wall, fencing, etc. by other than City forces, if the City water mains require repair or maintenance. t. 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. u. A reproducible mylar copy and a print of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. v. 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) The storm drain system and appurtenances (identified as public) as shown on the improvement plans for this tract. 3) The sewer system and appurtenances (identified as public) as shown on the improvement plans for this tract. 4) Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system. 5) The easement over the private streets within said tract for Police and Fire Department access. 6) The easement for storm drain and sewer purposes as shown on said map. 4. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: a. Fire lanes will be designated and posted to comply with City Specification #415. (FD) b. Eight (8) new fire hydrants shall be installed at locations approved by the Fire Department. (FD) PC Minutes - 12/9/97 14 (97PC1209) c. Fire Department access roads shall comply with Huntington Beach Fire Code and City Specification #401. (FD) d. Two vehicle access points will be required as shown on the plan. Security gates will be designed to comply with City Specification #403. (FD) e. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification #429. (FD) f. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. (FD) g. The project will comply with all provisions of the Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay district. (FD) h. All roadways shall be completed to the base course of asphalt prior to combustible construction. Fire hydrants will be installed prior to combustible construction. (FD) i. All units built on "flag lots" (buildings that are further than 150 feet from the nearest street to the back of the building) shall have automatic sprinklers installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. (Potentially lots #8, 12, 33, 40, 55). (FD) j. The developer shall install 14 36 inch box trees on site in addition to the standard landscape requirements. k. 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 ) 5. A Conditional Use Permit shall be required and approved prior to issuance of building permits for construction of any residential units. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT MAP NO. 14660: 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. PC Minutes - 12/9/97 15 (97PC1209) 3. The project shall comply with the Affordable Housing Plan for the Holly Seacliff area. 4. Tentative Map No. 14660 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. B-3 CONDITIONAL USE PERMIT NO.97-61/COASTAL DEVELOPMENT PERMIT NO.97-17 (HOUSE OF BREWS) APPLICANT: Ken Moon LOCATION: 16903 Algonquin Street (northwest corner of Algonquin Street and Davenport Drive) PROJECT PLANNER: Amy Wolfe Conditional Use Permit No. 97-61 and Coastal Development Permit No. 97-17 represent a request by Ken Moon to permit live entertainment performances by jazz and blues bands, 400 sq. ft. of outdoor dining with associated building/site improvements and the addition of one (1) pool table to the existing four (4) pool tables at the existing restaurant and bar facility known as the House of Brews. The House of Brews is located within the Huntington Harbour Mall shopping center. The project site is zoned and designated in the General Plan for commercial uses. The Huntington Harbour Mall is surrounded by residential uses on all sides. The subject suite is located approximately 175 ft from the nearest residential area across Davenport Drive. STAFF RECOMMENDATION: Staff has analyzed the request and believes that the live entertainment activities could adversely impact the adjacent residential areas, therefore, staff recommends denial of the request to permit live entertainment (jazz and blues band performances) at the subject facility. Conversely, staff feels that the addition of 400 sq. ft. of outdoor dining and one (1) pool table would not significantly alter the character of the existing facility or intensify the existing use and recommends approval the aforementioned requests associated with Conditional Use Permit No. 97-61 and Coastal Development Permit No. 97-17 for the following reasons: PC Minutes - 12/9/97 16 (97PC 1209) • The project, as conditioned, shall be consistent with the (CG) Commercial General land use designation of the General Plan and with the Land Use Element which promotes diversity of. land uses and variety of commercial activity in the City. • The project shall accommodate existing uses in accordance with the Land Use and Density Schedule of the General Plan and will maintain the "neighborhood" restaurant character of the facility. • The project shall not be detrimental to the general health, welfare and safety, or detrimental to the value of the improvements in the area. The subject development shall be in compliance with off-street parking and landscaping standards and City policies relating to site planning and architectural design considerations. The proposed outdoor dining will be sufficiently screened and buffered from adjacent residential land uses by multiple masonry walls and landscaping. • The development proposal, as conditioned, shall be in compliance with the City's Noise Ordinance. THE PUBLIC HEARING WAS OPENED. Ken Moon, 16903 Algonquin, applicant, stated that they will provide a high level of hands-on management in order to avoid any disturbances that may affect the neighbors. He stated that he is trying to create a better restaurant not a night club. He urged the Commission to approve the request. Bill Gage, 16897 Algonquin, Suite A, spoke in support of the request stating that the restaurant was well maintained. Ellen Martin, 17002 Courtney Lane, spoke in opposition to the request stating that the outdoor dining request would increase the disturbance to the surrounding neighbors. She also stated concern with the additional noise that would be created with live entertainment. Pete Economakos, 17031 Malta Circle, spoke in opposition to the request stating that he is concerned with the additional noise created by outdoor dining and live entertainment. Steve Gutierrez, 16991 Malta Circle, spoke in opposition to the request stating that he is concerned with the additional noise created by outdoor dining and live entertainment. Barbara McDowell, 16921 Saybrook lane, spoke in opposition to the request stating that she is concerned with the additional noise created by outdoor dining and live entertainment. Pam Blithe, 16982 Lowell, spoke in opposition to the request stating that she is concerned with the additional noise created by outdoor dining and live entertainment. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 12/9/97 17 (97PC1209) The Commission expressed concern regarding the outdoor dining and live entertainment citing problems and complaints from surrounding neighbors that occurred in that location with previous owners. The Commission was not opposed to the additional pool table. A MOTION WAS MADE BY SPEAKER, SECONDED BY BIDDLE, TO DENY THE REQUEST FOR THE ESTABLISHMENT OF LIVE ENTERTAINMENT ACTIVITIES AND THE ESTABLISHMENT OF AN OUTDOOR DINING AREA WITH FINDINGS FOR DENIAL, AND APPROVE THE ADDITION OF ONE POOL TABLE, ASSOCIATED WITH CONDITIONAL USE PERMIT NO.97-61 AND COASTAL DEVELOPMENT PERMIT NO.97-17 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL OF AN ADDITION OF ONE (1) POOL TABLE - CONDITIONAL USE PERMIT NO.97-61: 1. Conditional Use Permit No. 97-61 for the addition of a fifth pool table in conjunction with an existing restaurant and bar 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 subject development shall be in compliance with development standards and City policies relating to the establishment of pool and billiard halls. 2. The conditional use permit, as modified and conditioned, will be compatible with surrounding uses. The proposed use shall be required to comply with the requirements of the Huntington Beach Noise Ordinance. 3. The proposed restaurant/bar facility as proposed to be modified 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. 4. The granting of the conditional use permit, as modified and conditioned, will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG (Commercial General) on the subject property. In addition it is consistent with the following goals and policies of the General Plan: PC Minutes - 12/9/97 18 (97PC1209) a. Achieve a diversity of land uses that sustain'the'Cityfs 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. Promote the introduction of a diversity of uses in Commercial General centers, particularly those containing anchor stores that improve their relationship with surrounding residential neighborhoods and increasing their viability as places of community activity. These may encompass such uses as adult or child care facilities, community meeting rooms, "neighborhood" restaurants, entertainment and cultural facilities. (Policy LU 10.1.11) FINDINGS FOR DENIAL OF OUTDOOR DINING AND LIVE ENTERTAINMENT ACTIVITIES - CONDITIONAL USE PERMIT NO.97-61: 1. Conditional Use Permit No. 97-61 for the establishment of live entertainment activities and outdoor dining will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. Live entertainment and outdoor dining activities would not be in keeping with the character of the Huntington Harbour residential community and could adversely impact the quality of life within the residential areas adjacent to the subject project site. 2. The conditional use permit for outdoor dining and live entertainment activities will not be compatible with the surrounding areas. The proposed uses would generate additional noise and affect the safety and welfare of residents within the immediate vicinity. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-17 1. Coastal Development Permit No. 97-17, for an additional pool table with conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed project will not impact public views or access as none exist on the property. 2. The project, as modified and conditioned, is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exist to the site. 4. The development, as modified and conditioned, conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected as a result of the subject proposal. PC Minutes - 12/9/97 19 (97PC1209) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-61 AND COASTAL DEVELOPMENT PERMIT NO.97-17: 1. The site plan and floor plans received and dated July 15, 1997 shall be the conceptually approved layout. A revised site plan and floor plan depicting deletion of improvements associated with outdoor dining and live entertainment activities shall be submitted to the Department of Community Development for review, approval and inclusion in the entitlement file prior to issuance of building permits. 2. The use shall comply with the following: a. All conditions of the ABC license. b. Live entertainment, and dancing, and outdoor dining activities are not permitted. 3. Prior to submittal for building permits the 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). 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 substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No 97-61 and Coastal Development Permit No. 97-17 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 97-61 and Coastal Development Permit No. 97-17, 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 location and use shall comply with all requirements of Chapter 9.32, Pool and Billiard Halls, of the Huntington Beach Municipal Code. 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, -Noise Ordinance inclusive- and standards, except as noted herein. 5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. PC Minutes - 12/9/97 20 (97PC1209) n B-4 TENTATIVE TRACT NO. 15531/CONDITIONAL USE PERMIT NO.97- 65/VARIANCE NO.97-22 (CAPE ANN RESIDENTIAL PROJECT) APPLICANT: John Laing Homes LOCATION: Southeast corner of Promenade Parkway and Seagate Drive PROJECT PLANNER: Mary Beth Broeren Tentative Tract No. 15531, Conditional Use Permit No. 97-65 and Variance No. 97-22 represent a request by John Laing Homes to subdivide approximately 13 gross acres for the construction of 146 detached condominium units on one lot. Project density will be approximately. 11 units per gross acre. The project will have access off of Seagate Drive. The detached condominiums range in size from 1,340 to 1,696 square feet. The request includes a model home sales complex. A variance is requested for minimum nine foot side building separation in lieu of 15 feet between two story buildings and 20 feet between three story buildings. The project will comply with all other development standards of the Holly Seacliff Specific Plan and will contribute to the affordable housing requirements for the Holly Seacliff area. 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 residential project. • The project's design is compatible with surrounding land uses and the site is physically suitable for the proposed density of 11 units per gross acre. • The project meets the residential standards of the Holly Seacliff Specific Plan, including compliance with the Windrow Replacement Plan. • The project will comply with the mitigation measures of Environmental Impact Report No. 89-1. • The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of property in the neighborhood or the City in general. The project will be provided with necessary infrastructure. In addition, adequate parking will be provided for project residents. • The variance request will not be detrimental to surrounding properties or the public welfare. The design meets open space requirements and offers a creative solution for providing affordable detached homes. • The project will provide 146 units of affordable housing which is consistent with the requirements of the Holly Seacliff Specific Plan and the City's goals of providing a range of housing types. PC Minutes - 12/9/97 21 (97PC1209) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO CONTINUE TENTATIVE TRACT NO. 15531, CONDITIONAL USE PERMIT NO.97-65 AND VARIANCE NO.97-22 AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED SEPTEMBER 23, 1997 A MOTION WAS MADE BY BIDDLE, SECONDED BY CHAPMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED SEPTEMBER 23,1997, BY THE FOLLOWING VOTE: , AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED OCTOBER 28,1997 A MOTION WAS MADE BY BIDDLE, SECONDED BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED OCTOBER 28,1997, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Minutes - 12/9/97 22 (97PC1209) D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMSANOUIRIES Commissioner Livengood - suggested the Planning Commission take minute action directing staff to forward the report from the County Sanitation Districts of Orange County dated December 8, 1997, subject "Landscaping at CSDOC's Plant No. 2 Facility" to the City Council for their review. [APPROVED (6-0: INGLEE ABSENT)) Commissioner Livengood informed the Commission that the Home Depot signage had been approved by the Zoning Administrator in excess of code requirements. Staff explained that the signage would meet the requirements of the updated Sign Code due to go into effect in January, 1998. Staff stated that all applications until that time need to be reviewed by the current code and therefore, a variance was necessary to approve the signage. Commission Sneaker - stated that he had received two (2) sealed letters from Thomas and Carol Csenar and E. John and Diane Fitzpatrick and presented them to the Secretary to allow them to become public record. Commissioner Kerins - asked staff if they had any comments regarding Jon Ely's letter to the Mayor dated November 25, 1997, regarding the Edison power plant. Staff stated that they would provide an update to the Commission at a future meeting. Commissioner Kerins asked staff about the letter received from a citizen regarding the speed of traffic on Surfdale Lane. Staff stated they would forward that concern to the Traffic Division for a response. Commissioner Kerins asked staff to forward the letter from Wesley N. Taylor regarding wanted vacant lots for automobile sales to the Economic Development Department. Staff stated that they would. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions taken at the previous City Council meeting and discussed upcoming items. PC Minutes - 12/9/97 23 (97PC1209) I� F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - reviewed items tentatively scheduled for the January 13, 1998, Planning Commission meeting. G. ADJOURNMENT -Adjourn to the Studio Cafe and then to the January 13,1998, Planning Commission meeting. (The December 23,1997, Planning Commission meeting has been canceled.) A MOTION WAS MADE BY SPEAKER, SECONDED BY BIDDLE, TO ADJOURN TO STUDIO CAFE FOR THE HOLIDAY DINNER, AND THEN TO A 5:30 PM STUDY SESSION ON JANUARY 13,1998, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED /kjl APPRO D BY: _2& HoAjVZelefsky, t Planning Comm sion Ch erson PC Minutes - 12/9/97 24 (97PC 1209)