HomeMy WebLinkAbout1998-01-13MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, JANUARY 13,1998
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:30 PM
(Agenda Review)
STATUS OF MAJOR PROJECTS - Mary Beth Broeren/Herb Fauland/Scott Hess
CODE ENFORCEMENT INFORMATION REPORT - Mike Strange
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P P P P P
ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker
ELECTION OF CHAIRPERSON AND VICE -CHAIRPERSON
A MOTION WAS MADE BY TILLOTSON, SECONDED BY BIDDLE, TO APPOINT
COMMISSIONER LIVENGOOD PLANNING COMMISSION CHAIRPERSON FOR A
TERM OF ONE (1) YEAR, BY THE FOLLOWING VOTE:
AYES:
Inglee, Chapman, Kerins, Biddle, Tillotson, Speaker
NOES:
None
ABSENT:
None
ABSTAIN:
Livengood
MOTION PASSED
A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPOINT
COMMISSIONER TILLOTSON PLANNING COMMISSION VICE CHAIRPERSON
FOR A TERM OF ONE (1) YEAR, BY THE FOLLOWING VOTE:
AYES:
Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
RECESS - REORGANIZATION OF SEATING
PRESENTATION TO OUTGOING CHAIRPERSON ED KERINS BY NEW
CHAIRPERSON - Chairperson Livengood made the presentation to outgoing Chairperson
Kerins.
AGENDA APPROVAL
Anyone wishing to speak must fill out and submit a form to speak. 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
B. PUBLIC HEARING ITEMS
B-1 TENTATIVE TRACT NO.15531/CONDITIONAL USE PERMIT NO.97-65/
VARIANCE NO.97-22 (CAPE ANN RESIDENTIAL PROJECT) (CONTINUED
FROM THE DECEMBER 9,1997 MEETING WITH PUBLIC HEARING OPEN):
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. 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 request was continued from the December 9, 1997 Planning Commission meeting to further
analyze certain aspects of the project.
PC Minutes - 1/13/98 2 (98PCM113)
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.
THE PUBLIC HEARING WAS OPENED.
Bill Holman, 23 Corporate Plaza drive, Newport Beach, representing applicant, stated that the
Holly-Seacliff Specific Plan says that a certain percentage of homes with the Holly-Seacliff
development must be affordable to moderate income families. He stated that with this
development they meet the affordable housing requirements. Another component of the project
is to provide market segregation to appeal to a wide range of buyers. He urged the Commission
to approve the project stating there is a need for this type of housing in Huntington Beach and in
this specific area.
Debra Pember 19600 Fairchild, #150, Irvine, representing John Laing Homes, stated that the
proposed project will meet affordability requirements and meet the need in the market for people
in this price range. Ms. Pember stated that they are proposing a lighter density than is allowable
for this project. She also stated that the proposed project offers play areas, recreation areas,
greenbelt areas and a park. Ms. Pember stated that the project will meet all the requirements of
the Specific Plan with the exception of the sideyard setback. Ms. Pember requested that the
Commission modify Condition No. 2.g. to reflect that electrical be an option not a necessity.
Bob Traver, 7402 Coho Drive, FANS, spoke in support of the request stating his encouragement
for affordable housing in the area. He also stated that the proposed project will enhance the
Holly-Seacliff neighborhood in an affordable price range.
PC Minutes - 1/13/98 3 (98PCM113)
Cona Bel Fay, 2420 Huntington Street, #D, spoke in support of the request stating she supported
the affordable housing issue and felt the proposed project was a good design.
Carl Lawrence, PO Box 1461, FANS, spoke in support of the request commending the developer
and the architecture of the project.
Suzanne Beukema, 9052 Christine Drive, FANS, spoke in support of the request.
Artie Young, 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.
Commissioners Chapman, Biddle and Kerins identified concerns regarding the following issues:
a) what the project would be like 30 years from now, b) that there was an inadequate amount of
useable open space, c) that it was a blend of single family and condominium design and d) that
the City did not have standards for this type of project. The remaining Commissioners noted that
the project was innovative and responsive to the demands of the market and that it would satisfy
part of the affordable housing requirement for Holly Seacliff. The Planning Commission
discussed the addition of condition language which clarified that the homeowners association
would be able to maintain the exterior of the homes if the owners failed to do so and other minor
modifications to the conditions of approval.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO APPROVE
TENTATIVE TRACT NO. 15531, CONDITIONAL USE PERMIT NO.97-65 AND
VARIANCE NO.97-22 WITH FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Inglee, Tillotson, Livengood, Speaker
NOES: Chapman, Kerins, Biddle
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 15531:
1. Tentative Tract Map No. 15531 for subdivision of 13 gross acres for the purpose of a one lot
subdivision for condominium purposes (146 detached residential units) 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.
Condominiums are a permitted use.
PC Minutes - 1/13/98 4 (98PCM113)
2. The site is physically suitable for the type and density of development at 11 units per acre.
The site was previously studied for a greater intensity of land use (15 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 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
subdivision will provide all necessary easements and will not affect any existing easements.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-59:
1. Conditional Use Permit No. 97-65 for the establishment, maintenance and operation of the
146 unit condominium project (2 and 3 story, detached residential units) and the model home
sales complex 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 grading, site layout and design of the project properly adapts
the proposed structures to street, driveways, and other adjacent structures and uses in a
harmonious manner. Due to site characteristics, such as landscape areas and unit orientation,
there is adequate setback from sidewalks and streets. Adequate parking and directional
signage shall be provided for the model home use.
2. The conditional use permit will be compatible with surrounding uses most of which are
residential. The project will be directly adjacent to one future residential property. It is
bounded on all other sides by established streets and the Transportation Corridor.
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. The
model home complex will be compatible with the area as it is similar in nature to the
residential uses in the area.
3. The proposed 146 unit condominium project (2 and 3 story, detached residential units) will
comply with the provisions of the base district and other applicable provisions in the Holly
Seacliff Specific Plan and any specific condition required for the proposed use in the district
in which it would be located. The proposed residential units meet all code provisions,
including setbacks, density, open space and parking, with the exception of the variance
request for reduced side separation between buildings. The project will also contribute to the
affordable housing requirements of the Holly Seacliff Specific Plan. The model home
complex will comply with all code provisions.
PC Minutes - 1/13/98 5 (98PCM113)
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 Residential Medium High Density on
the subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
LU9.1.3: Require that multi -family residential projects be designed to convey a high level
of quality and distinctive neighborhood character as discussed below:
a. Design building elevations treatment to convey the visual character of individual
units rather than a singular building mass and volumes.
c. Include separate and well-defined entries to convey the visual character of
individual identity for each residential unit, which may be accessed from exterior
facades, interior courtyards, and/or common areas.
d. Site and design parking areas and facilities that are integrated with but do not
dominate the architectural character of the structure.
e. Include an adequate landscape setback along the street frontage that is integrated
with abutting sidewalks and provides continuity throughout the neighborhood.
L U 9.1.4: Require that recreational and open space amenities be incorporated in new multi-
family developments.
Housing: Encourage the provision and continued availability of a range of housing types
throughout the community.
FINDINGS FOR APPROVAL - VARIANCE NO.97-22:
1. The granting of Variance No. 97-22 for a minimum nine foot side separation between
buildings on the same lot in lieu of 15 feet between two story buildings and 20 feet between
three story buildings will not constitute a grant of special privilege inconsistent with
limitations upon other properties in the vicinity and under an identical zone classification.
2. Because of special circumstances applicable to the subject property, including 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 oddly configured having six sides, with the northern
portion of the property being relatively narrow. This constrains placement of units given
requirements for turnaround areas, street widths, etc. The property is also bound on all but
one side by rights -of -way and the Transportation Corridor and is considered a through -lot.
Required rear setbacks for through lots and exterior side setbacks are 10 feet greater than that
required for interior properties and non -through lots. Setbacks from the Transportation
Corridor are five feet greater than that required for interior properties.
PC Minutes - 1/13/98 6 (98PCM113)
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. Reduced building separation enables the site to be developed with detached
homes at a moderate income price. Thus, residents will have an affordable living opportunity
and be able to enjoy private yards.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification. The project design is comparable to
small lot single family projects in terms of side building separation providing adequate light
and ventilation between units. The project exceeds minimum private and common open
space requirements, providing informal and formal recreation areas for the residents.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of Medium Density Residential on the subject property
because it offers a creative design solution that provides moderate cost housing consistent
with the City's goals for affordable housing and attractive project design.
CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 15531:
1. The tentative map received and dated December 2, 1997 shall be the approved layout.
2. 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&Rs shall be submitted
to the Department of Community Development and approved by the City Attorney. The
CC&Rs shall reflect the common property and maintenance of all walls and common
landscape area by the Homeowners' Association. The CC&R's shall indicate that the
Homeowners Association shall have the right to maintain building walls, private fences
and open space if they are not adequately maintained by their respective owners. The
CC&Rs shall also include notice on possible future uses of the Transportation Corridor.
The CC&Rs must be in recordable form prior to recordation of the map.
The CC&Rs shall include language that indicates the design of this development
intentionally omitted the installation of security gates and associated turnaround areas and
space to provide these facilities in the future. The language shall also indicate that any
application for the installation of security devices for the site submitted to the City of
Huntington Beach shall include evidence that the Homeowners Association will provide
the necessary property for construction of the required facilities and street improvements,
and bear the cost for the same. (PV)
PC Minutes - 1/13/98 7 (98PCM113)
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. The following shall be dedicated to the City of Huntington Beach:
1. An easement over the private streets for Police, Fire and Public Works
Department access purposes.
2. The water system and appurtenances as shown on the improvement plans for this
tract.
3. Access rights in, over, across, upon and through the private streets for the
purpose of maintaining, servicing, cleaning, repairing, and replacing the water
system.
b. All vehicular access rights to Garfield Avenue, Seagate Drive and Promenade
Parkway shall be released and relinquished to the City of Huntington Beach except at
locations of street intersections.
c. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for
review and approval.
d. A sewer study for the entire site shall be submitted for Public Works approval.
e. The sewer system within the private streets shall be owned and maintained by the
Homeowners Association.
f. 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.
g. The developer shall be required to extend the waterline in Seagate Drive from the
point of connection with the waterline in Promenade Parkway to the western
boundary of the project.
h. All dwelling units shall require separate domestic water meters and services. All
three story structures shall require a RPP backflow prevention device. The domestic
meters and services shall be sized per the Uniform Building Code, Building
Department and Fire Department Standards.
i. The developer (and any subsequent homeowners association) 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.
PC Minutes - 1/13/98 8 (98PCM113)
j. Hydrology and hydraulic studies for the entire site 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.
k. The storm drain system within the private streets shall be owned and maintained by
the Homeowners Association.
1. All on -site catch basins shall be grate type in order to prevent paper and debris from
entering the storm drain system. (NPDES)
in. The developer shall install storm drain clarifiers or fossil filters at each catch basin to
the satisfaction of the Department of Public Works. (NPDES)
n. All private sidewalk widths shall meet ADA requirements.
o. The developer shall install street lighting per Public Works Standard Plan No. 411 on
Seagate Drive.
p. The developer shall install "STOP" signs on "E" Street at Seagate Drive, and on
Seagate Drive at Promenade Parkway. _
q. All exterior landscaping improvements shall be installed and inspected.
r. 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.
s. 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.
4. 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 )
5. The tentative map shall be an affordable housing development pursuant to the affordable
housing requirements of the Holly Seacliff Specific Plan.
6. 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.
(PW)
PC Minutes - 1/13/98 9 (98PCM113)
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO.
15531:
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. The final map shall not be approved by the City Engineer until all securities have been
posted with the Department of Public Works. (PW)
3. Park and Recreation Fees shall be paid, or accrued credits assigned, prior to acceptance
of the final map by City Council.
4. Tentative Map No. 15531, Conditional Use Permit No. 97-65 and Variance No. 97-22
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 - CONDITIONAL USE PERMIT NO.97-65
The site plan and model site plan received and dated December 2, 1997 and floor plans and
elevations received and dated January 8, 1998 shall be the conceptually approved layout with
the following modifications:
a. The third story floor plans shall comply with Uniform Building Code requirements,
including exiting pursuant to 94 UBC Section 1003.1
b. Garage doors shall be of the automatic roll -up variety.
c. Additional architectural treatment shall be provided on side elevations visible from the
street subject to review and approval of the Community Development Department.
d. Materials and colors shall be provided on the elevations.
e. The model site plan shall be revised to show the van accessible handicapped space in
the location of parking stall nos. 1 and 2.
f. Parking lot striping detail shall comply with the Huntington Beach Ordinance Code and
Title 24, California Administrative Code. (Code Requirement)
PC Minutes - 1/13/98 10 (98PCM113)
[1
g. 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)
h. 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)
Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan or grading 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.
j. 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 for model homes or production units, 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 - 1/13/98 11 (98PCM113)
e. 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 60 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). (Code Requirement)
f. 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)
g. Floor plans shall depict natural gas stubbed in at the locations of cooking facilities, water
heaters and central heating units.
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval.
b. Blockwall/fencing plans shall be submitted to and approved by the Department of
Community Development. Double walls shall be prohibited. The plans shall include
section drawings, a site plan and elevations. The plans shall identify materials, seep holes
and drainage.
4. Prior to issuance of building permits for model homes or production units, the following shall
be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. The Final Map No. 15531 shall be accepted by the City Council, recorded with the
Orange County Recorder and a recorded copy filed with the Department of Community
Development. (Code Requirement)
c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer and submitted to Public Works. Grates
shall be used in lieu of side opening catch basins to collect debris. (PW)
PC Minutes - 1/13/98 12 (98PCM113)
d. 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; an irrigation plan; a grading plan; an approved site plan and a copy of the
entitlement conditions of approval. (PW) (Code Requirement)
e. A grading permit shall be issued by the Department of Public Works.
f. A $5,000 cash bond shall be posted with the City for the model home complex to
guarantee compliance with conditions of approval.
g. The temporary sales trailer shall be State Certified and be provided with handicapped
access. Evidence of such shall be provided to the Community Development Department.
5. Prior to construction of the model homes, the following shall be completed: (FD)
a. Provide one fire hydrant within 150 feet of the model buildings.
b. Provide an all weather surface fire road to the model buildings.
6. Prior to combustible construction of the production homes, the following shall be completed:
(FD)
a. Ten (10) fire hydrants shall be installed in locations approved by the Fire Department.
Shop drawings shall be submitted to the Public Works Department and approved by the
Fire Department prior to installation.
b. All roadways shall be completed to the base course of asphalt.
7. 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 - 1/13/98 13 (98PCM113)
8. Prior to final building permit inspection and approval of the first residential unit, the
following shall be completed:
a. The developer shall submit an affordable housing covenant for the entire project
designating the project as affordable for 30 years per the Affordable Housing Plan for
Holly Seacliff. The covenants shall be approved by the City Council and recorded with
the County of Orange. All sales prices and buyers shall be pre -approved by the
Community Development Department.
b. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Two vehicle access points will be required as shown on the site plan. Emergency
Access gates will be designed to comply with City Specification No. 403. The
Emergency Access gate shall be electrically controlled and equipped with an
Opticom strobe opener for emergency vehicle entry. (FD)
2) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
3) Address numbers will be installed to comply with City Specification No. 428.
Individual units will be sized a minimum of four (4) inches with a brush stroke of
one-half (1/2) inch. (FD)
4) Fire access roads shall be provided in compliance with the Huntington Beach Fire
Code and City Specification #401. Include the circulation plan and dimensions of
all access roads. (FD)
5) 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 shall be submitted to and approved by the
Fire Department prior to installation. (Unit Nos. 1, 12, 13, 20, 21, 28, 29, 33, 40,
41, 48, 50, 51, 110, 114, 115, 124, 125, 132, 133, 140, 141, 142.) (FD)
c. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
d. 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.
e. 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)
PC Minutes - 1/13/98 14 (98PCM113)
1
f. The project will comply with 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)
g. The 660 square feet of windrow planting shall be provided in the transportation corridor,
prior to final inspection of the first production unit.
9. 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)
10. The sales office shall be discontinued within 30 days following the close of escrow of the last
unit.
11. The temporary sales trailer shall be removed upon completion of the model sales office.
12. The sales office shall not be converted or expanded into a general business office for the
contractor or developer.
13. Temporary signs and flags shall be permitted as part of the model sales complex approval.
The signs and flags shall be immediately removed upon the close of escrow of the last unit.
The signs and flags shall comply with the maximum height and size provisions of the zoning
code.
14. The project shall comply with Conditions of Approval for Tentative Tract No. 15531.
15. 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. Conditional Use Permit No. 97-65 and Variance No. 97-22 shall not become effective until
the ten day appeal period has elapsed.
PC Minutes - 1/13/98 15 (98PCM113)
2. Conditional Use Permit No. 97-65 and Variance No. 97-22 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. 97-65
and Variance No. 97-22, 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.
5. All new and existing utilities shall be installed underground. (PW)
6. Traffic Impact Fees shall be paid, or accrued credits assigned, at the time of final inspection
or issuance. (PW)
7. A construction permit shall be required for all work within the City right-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. 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.
10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
11. 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 - 1/13/98 16 (98PCM113)
B-2 ANNUAL REVIEW OF THE HOLLY SEACLIFF DEVELOPMENT
AGREEMENT:
APPLICANT: City of Huntington Beach
LOCATION: Approximately 450 acres located between Ellis Avenue on the north,
Huntington Street on the east, Edwards Street on the west and the Seacliff
Golf Course on the south.
PROJECT
PLANNER: Mary Beth Broeren
The Holly Seacliff Development Agreement No. 90-1 requires the Developer to prepare an
annual monitoring report and requires staff to prepare a compliance report. The purpose of these
reports is to ascertain good faith compliance by the Developer and the City with the terms of the
Agreement and evaluate the annual progress associated with required improvements in the Holly
Seacliff area.
This is the seventh consecutive review of Development Agreement Compliance. Staff has
reviewed the 1997 annual monitoring report prepared by PLC and the actions of the other owners
and has determined that the developers are in compliance with the requirements of the
Development Agreement.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission determine that the developers are in
compliance and forward the report to the City Council for review and approval.
THE PUBLIC HEARING WAS OPENED.
Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, representing applicant, stated that
the annual report shows the developer is in compliance with the development agreement. Mr.
Holman addressed the progress made in 1997 and urged the Commission to accept the report.
Tamlyn Hagemeister, 415 Townsquare Lane, spoke in support of request.
J.D. Miles, 19415 Castlewood Circle, FANS, 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 - 1/13/98 17 (98PCM113)
A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO DETERMINE
THAT THE DEVELOPER IS IN COMPLIANCE WITH THE HOLLY SEACLIFF
DEVELOPMENT AGREEMENT, APPROVE THE 1997 COMPLIANCE REPORT AND
FORWARD TO THE CITY COUNCIL FOR REVIEW AND ACCEPTANCE, BY THE
FOLLOWING VOTE:
AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
B-3 ZONING MAP AMENDMENT NO.97-2/CONDITIONAL USE PERMIT NO.97-30/
ENVIRONMENTAL ASSESSMENT NO.97-6 (Christ Presbyterian Church)
APPLICANT: Deryl Robinson
LOCATION: 20112 Magnolia Avenue (east side of Magnolia Avenue between Adams
Avenue and Mediterranean Drive)
PROJECT
PLANNER: Amy Wolfe
The subject development proposal represents a request to permit a phased master planned
expansion of the existing Christ Presbyterian Church facilities on a 4.04 acre parcel located at
20112 Magnolia Street. The site is located on the east side of Magnolia Street, between Adams
Avenue and Mediterranean Drive and adjoins residential uses to the south, east and west. A
shopping center abuts the subject parcel to the north.
The proposed master plan will allow for the ultimate development of a new 30,620 sq. ft.
Sanctuary and a 18,198 sq. ft. Education building which is intended to consolidate classrooms in
a single location on site, eliminate currently existing temporary modular classrooms and
streamline current operations. The existing Sanctuary/Fellowship Hall and a portion of the
existing Education Building are to remain; other structures are to be removed during the phased
development of the master plan. The master plan is proposed to be implemented in three phases
over a period of 10 years.
The request also includes a zone change for the subject property from CG (General Commercial)
and RA (Residential Agriculture) to PS (Public -Semipublic) which will bring the zoning in
conformance with the P (Public ) General Plan Land Use designation and the religious assembly
and school land use.
PC Minutes - 1/13/98 18 (98PCM113)
Staff has evaluated the project with regard to general planning/land use compatibility issues and
determined that the subject request will implement General Plan land use goals and will be
compatible with adjacent developments.
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use Permit No. 97-30, Zoning Map Amendment No.
97-2, and Negative Declaration No. 97-6 for the following reasons:
• The proposed project will not have any adverse environmental impacts. With standard
conditions of approval and the proposed site design, all concerns are mitigated to a level of
insignificance.
• The proposed zoning map amendment is consistent with the existing General Plan
designation of P (Public).
• The proposed project is consistent with the goals and objectives of the City's General Plan
which encourage the development of institutional, educational and religious uses. The
subject religious facility will fulfill numerous social, religious and community needs of
existing and future Huntington Beach residents.
• The subject development proposal shall be in compliance with the PS (Public -Semipublic)
zoning district regulations inclusive of landscape and off-street parking standards and City
policies relating to site planning and architectural design considerations. Substantial
architectural off -sets and building articulation shall be provided on building elevations visible
from public rights -of -way. On -site landscaping and parking improvements will comply with
Zoning and Subdivision Ordinance (ZSO) requirements.
• The project's scale shall be compatible with existing development adjacent to the project site.
Recesses, overhangs, reveals and fenestration on the new structures shall articulate and
segment the building massing. The project shall convey a high quality visual image and
character.
THE PUBLIC HEARING WAS OPENED.
Gary Watkins, 20112 Magnolia Street, pastor, stated that the church has been on this site since
the late 1960's in undeveloped buildings. He stated that they are now in a position to develop
and upgrade the site. He also stated that they have met with the surrounding neighbors and
incorporated resolutions to their concerns into the design.
Deryl Robinson, 10101 El Capitan, representing the applicant, requested that modifications be
made to certain conditions of approval to include fire sprinkling and roof mechanical setbacks be
limited to the new buildings.
PC Minutes - 1/13/98 19 (98PCM113)
Mary Davidson, 9091 Mediterranean Drive, homeowner on the southern perimeter of the church,
stated her concern that no provision has been made to increase the wall height that separates
their property to the parking lot. She stated that she is concerned with traffic noise and parking
lot lighting. She is also concerned that the phase 2 structure is overbuilt for the site and will
impact their rear yard. Ms. Davidson stated that the lot is currently home to the Faricon Falcon
which is an endangered species.
John Davidson, 9091 Mediterranean, stated the sanctuary will be too close to their home and
impact their rear yard. He also stated that he would like to see the wall built higher between his
property and the church to avoid visual impacts. He is concerned with noise impacts, visual
impacts and possible depreciation of property value.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission's discussion on the zoning map amendment addressed the consistency between
the proposed zoning and existing General Plan Land Use designation of Public (P) on the project
site. The Planning Commission recommended approval of the Zoning Map Amendment with
findings. They also discussed the landscaping requirements for the project and made minor
modifications.
A MOTION WAS MADE BY KERINS, SECONDED BY TILLOTSON, TO APPROVE
NEGATIVE DECLARATION NO. 97-6,ZONING MAP AMENDMENT NO.97-2 WITH
FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION AND
CONDITIONAL USE PERMIT NO.97-30 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS OF APPROVAL - NEGATIVE DECLARATION NO.97-6:
1. The Negative Declaration No. 97-6 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available
for a public comment period of twenty (20) days. No public comments were received on
Negative Declaration No. 97-6.
2. Standard conditions of project approval avoid or reduce the project's effects to a point where
clearly no significant effect on the environment will occur.
PC Minutes - 1/13/98 20 (98PCM113)
3. There is no substantial evidence in light of.the whole record before the Planning Commission
that the project, as mitigated through the conditions of approval for Conditional Use Permit
No. 97-30, will have a significant effect on the environment.
FINDINGS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-30•
1. Conditional Use Permit No. 97-30 for the establishment, maintenance and operation of
religious and educational facilities 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 facilities will fulfill numerous social,
educational and community needs of existing and future residents of Huntington Beach. The
project's scale and design will convey quality visual characteristics and will be compatible
with adjacent uses.
2. The conditional use permit will be compatible with surrounding uses. The building massing
and architectural treatment in conjunction with landscaping and on -site circulation and
parking improvements will improve the appearance of the development and its surroundings.
3. The proposed master plan 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 proposed plan provides setbacks, parking and landscaping in
compliance with development requirements applicable to the PS (Public -Semipublic) zoning
district.
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 P (Public) on the subject property. In
addition it is consistent with Land Use element goal (LU4) and associated objectives (LU
4.1, LU4.2) and policies (LU4.1.1, LU4.1.2, LU4.1.4, LU4.2.1) which promote the
development of building sites in a manner that convey high quality architecture, landscape
and character.
CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT 97-30:
1. The site plan, floor plans and elevations received and dated August 5, 1997 shall be the
conceptually approved layout with the following modifications:
a. The northerly elevation of the Education building shall be modified as depicted on
Attachment No. 5, sheet 8A.
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
PC Minutes - 1/13/98 21 (98PCM113)
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
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)
d. 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 all new
buildings. 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)
e. 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.
f. 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. All Fire Department requirements shall be noted on the building plans. (FD).
3. Prior to issuance of grading permits, the following shall be completed:
a. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review
and approval. (PW)
b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. (PW)
c. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis
shall include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, chemical and fill properties, foundations, retaining walls,
streets, and utilities. (PW)
PC Minutes - 1/13/98 22 (98PCM113)
1
4. Prior to issuance of building permits for phase I -A, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. A Landscape Construction Set must be submitted to the Department of Public Works for
review and approval by the Park, Tree and Landscape Division. 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; an irrigation plan; a grading plan; an approved site plan and a copy of the
entitlement conditions of approval.
The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that
must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box
trees and shall be incorporated into the project's landscape plan. Thirty six inch box trees
shall be provided along the north side of the Education building, south of the drive aisle.
In addition, intensified landscaping shall be provided along the southerly and easterly
property lines subject to Department of Public Works and Community Development
Department approvals. Planting of the subject landscaping shall commence with the first
phase of development. (PW) (DRB) (Code Requirement)
c. Hydrology and hydraulic studies shall be submitted to the Department of Public Works
for approval. (PW )
d. 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.
An erosion control plan shall be submitted to the Department of Public Works for review
and approval.
f. A construction vehicle control plan shall be submitted to the Department of Public Works
for review and approval.
PC Minutes - 1/13/98 23 (98PCM113)
g. An updated Trip Generation Analysis shall be submitted for review and approval by the
Public Works Department, Traffic Engineering Division. The study shall be used to
determine the project's traffic impact fees for each phase of development of the master
plan and shall be amended should subsequent phases be modified to reflect different
levels of development, (within the scope of the master plan) than projected at this time.
The traffic impact fees shall be paid for each phase of development prior to issuance of
the Certificate of Occupancy for that phase.
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.
6. Prior to final building permit inspection and approval of development, the following shall be
completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Department of Community Development.
b. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Landscaping, in accordance with each phase of development, including intensified
landscaping along the southerly and easterly property lines in conjunction with Phase
IA.
2) Install 36" box trees along the north side of the Education building, south of the drive
aisle prior to completion of phase I-B. (DRB)
3) The exterior of the Fellowship Hall shall be repainted to match the Education and
Sanctuary buildings prior to completion of phase I-B. (DRB)
4) The existing 2" water meter shall be abandoned and a new 3" water meter shall be
installed with a backflow prevention device. (PW)
5) A looped 8" public fire main with three on -site fire hydrants, located within a
dedicated easement, shall be installed around the buildings. (PW)
PC Minutes - 1/13/98 24 (98PCM113)
L
6) A separate 6" fire service (FDC) with meter and backflow prevention device shall be
installed off the proposed 8" fire protection main. (PW)
7) Automatic sprinkler systems shall be installed throughout all new buildings 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. (FD)
8) A fire alarm system shall be installed to comply with Huntington Beach Fire
Department and Uniform Fire Code Standards. Shop drawings shall be submitted to
and approved by the Fire Department prior to installation. The system shall provide
the following: manual pulls, water flow/valve tamper and trouble detection, 24 hour
supervision, smoke detectors, annunciation, audible alarms, voice communication.
(FD)
9) Fire extinguishers shall be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
10) Three fire hydrants shall be installed prior to initiation of combustible construction.
Shop drawings shall be submitted to the Public Works Department and approved by
the Fire Department prior to installation. (FD)
11) Fire lanes shall be designated and posted to comply with City Specification #415.
(FD)
12) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
13) Address numbers will be installed to comply with City Specification # 428. The
size of the numbers will be a minimum of six (6) inches with a brush stroke of one
and one-half
(1-1 /2) inches. (FD)
14) Fire access roads shall be provided in compliance with the Huntington Beach Fire
Code and City Specification #401. Include the circulation plan and dimensions of
all access roads (24 ft or 27 ft fire lanes, turn arounds and 17 ft by 45 ft. radius turns.
(FD)
15) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
(FD)
PC Minutes - 1/13/98 25 (98PCM113)
7. Building permits may be obtained for each phase within ten years from date of adoption of
Zoning Map Amendment No. 97-2. Building permits for construction of any phase or
portion of the Master Plan after ten years shall be subject to a new conditional use permit.
8. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
9. 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.
10. 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 ZSO.
11. Conditional Use Permit No. 97-30 shall not become effective until Zoning Map Amendment
No. 97-2 has been approved by the City Council, and is in effect.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 97-30 shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-30,
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. All applicable Public Works fees shall be paid. (PW)
4. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
5. An encroachment permit shall be required for all work within the public right-of-way. (PW)
6. A Certificate of Occupancy must be issued by the Department of Community Development
prior to occupying the building.
7. State -mandated school impact fees shall be paid prior to issuance of building permits.
PC Minutes - 1/13/98 26 (98PCM113)
1
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 and DRB recommendations, except as noted herein.
9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
10. All signs shall conform to the ZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Department of Community
Development.
11. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Determination 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 City Council's action.
PC Minutes - 1/13/98 27 (98PCM113)
B-4 ENTITLEMENT PLAN AMENDMENT NO.97-9/VARIANCE 97-6/NEGATIVE
DECLARATION NO 97-17 (Furhman Single Family Residence)
APPLICANT: David O. Schiller
LOCATION: 18740 Saddleback Lane (east side of Saddleback, south of Derby Circle)
PROJECT
PLANNER: Wayne Carvalho
Transmitted for your consideration is Entitlement Plan Amendment No. 97-9, Variance No. 97-6,
and Negative Declaration No. 97-17, a request by David O. Schiller, to amend a previously
approved site plan for Tract No. 13439 (Central Park #9) by depicting a new 4,200 square foot,
two story residence on a lot with greater than a three foot grade differential between the high and
low points. The request includes a variance to the two foot cut and fill requirement by importing
approximately 750 cubic yards of soil on approximately 30% of the lot in order to provide a level
building pad and rear yard area. The imported soil will be filled between 2-3 feet above the
existing grade, and up to six feet from the approved grading plan.
STAFF RECOMMENDATION:
Staff supports the Entitlement Plan Amendment and Variance requests for the following reasons:
• The project is consistent with the Low Density Residential land use designation of the
General Plan and with the City's Housing Element because it increases the type and variety
of housing in the City.
• The project is consistent with the objectives of the Ellis Goldenwest Specific Plan in
achieving a development that has an integrated design which properly adapts the
development to the surrounding terrain and uses in the area.
• With the measures taken for proper drainage on the subject property, the variance to fill a
portion of the lot will not be detrimental to the general health, welfare and safety, nor
detrimental to the value of the improvements in the area.
• There were similar variances approved for other lots in the subject tract and within the Ellis
Goldenwest quartersection.
• The project will allow construction of a single family residence without the risk of drainage
impacts to the surrounding properties.
• The project will provide adequate parking, access, and circulation for residents, guests and
maintenance vehicles.
Commissioner Chapman stated he would be abstaining from taking action on this item in
accordance with the Planning Commission By-laws.
PC Minutes - 1/13/98 28 (98PCM113)
THE PUBLIC HEARING WAS OPENED.
Mike Adams, 19771 Sea Canyon, representing property owner, stated that the Planning
Commission approved this lot as a buildable residential lot in February of 1990. He also stated
that the owner of the lot paid development fees the same as the other residential lots in the tract.
Mr. Adams stated that the site needs a two (2) foot fill to reach 50 feet and stay out of the open
space corridor and allow the site to drain properly.
David Schiller, 2602 E. 20th Street, Signal Hill, current owner of the property, stated that he
acquired the lot in 1993 and was told it was a buildable site, but has not yet been able to build on
the site.
Dwayne Fuhrman, 17971 Cypress Street, Fountain Valley, prospective owner, stated that he has
addressed the neighbors concerns who have been very supportive of the request. He stated that
he has met with the Homeowners Association's Design Review Board and has received approval
in concept.
Annie Bartoli, 6901 Derby Circle, spoke in support of the request.
Jerry Pabbruwee, 18702 Jockey Circle, President of the Ellis Central Park #9 Homeowners
Association, spoke in support of the request.
Jay Bartoli, 6901 Derby Circle, spoke in support of the request.
Richard Harlow, 211 Main Street, spoke in support of the request stating it will enhance the open
space area.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Commissioner Biddle stated that he does not support the variance.
A MOTION WAS MADE BY TILLOTSON, SECONDED BY INGLEE, TO APPROVE
NEGATIVE DECLARATION NO.97-17, ENTITLEMENT PLAN AMENDMENT NO.
97-9 AND VARIANCE NO.97-6 WITH FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Livengood, Kerins, Speaker
NOES:
Biddle
ABSENT:
None
ABSTAIN:
Chapman
MOTION PASSED
PC Minutes - 1/13198 29 (98PCM113)
FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-9:
1. Entitlement Plan Amendment No. 97-9 to amend the previously approved site plan for Tract
No. 13439 to depict and allow for the construction of a new 4,200 square foot two story
residence on Lot 28, and to redefine the boundaries of the Open Space Corridor, and to
permit development on a lot with greater than a three foot grade differential, 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. With the
conditions imposed, the construction of the single family residence will not result in drainage
impacts to the surrounding properties.
2. Entitlement Plan Amendment No. 97-9 will be compatible with surrounding estate residential
uses. The revision to the previously approved site plan will not constitute a substantial
change with the dwelling unit density on the property remaining the same.
3. The proposed single family residence will comply with the applicable provisions of the Ellis
Goldenwest Specific Plan and 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 variance requested for exceeding the two foot fill restriction. The use of the
residentially zoned property will remain the same.
4. Entitlement Plan Amendment No. 97-9 for a new single family residence will not adversely
affect the General Plan. It is consistent with the Land Use Element designation of Low
Density Residential on the subject property.
FINDINGS FOR APPROVAL - VARIANCE NO.97-6:
1. The granting of Variance No. 97-6 to exceed the maximum two foot fill limitation on a
portion of the subject property by up to six feet on 30% of the lot, in order to provide a level
building pad and rear yard area will not constitute a grant of special privilege inconsistent
with limitations upon other properties in the vicinity and under an identical zone
classification. Other cut and fill variances have been approved within the subject tract and
adjacent tracts due to grade differentials on individual lots, installations of pools, or increased
retaining and screen wall heights. The request for increased fill on a portion of a lot for a
level building pad is consistent with other variances granted in the quartersection.
2. Because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classification. The majority of the property is located in a natural swale
which requires a portion of the lot to be leveled for the building pad and rear yard. The lot is
triangular in shape and consists of a storm drain inlet which receives runoff from surrounding
properties.
PC Minutes - 1/13/98 30 (98PCM113)
3. The granting of a variance to exceed the maximum two foot fill requirement is necessary to
preserve the enjoyment of one or more substantial property rights. The variance will allow a
portion of the property to be developed with a single family residence compatible with
surrounding properties, while maintaining the existing grade and drainage pattern on the
remainder of the property.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone ( classification and is consistent with the General Plan.
The variance to exceed the two foot fill restriction in order to provide a level building pad is
consistent with the General Plan by providing for estate residential development.
CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-9/
VARIANCE NO.97-6:
1. The site plan, floor plans and elevations received and dated March 7, 1997 shall be the
conceptually approved layout with the following modifications:
a. The maximum height of the residence shall not exceed 35 feet (measured from top of
ridge to subfloor directly beneath).
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the second page
of all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. Fire Department requirements shall be noted on the building plans, as follows (FD):
1) An automatic fire sprinkler system shall be approved and installed throughout
pursuant to Huntington Beach Fire Department and Uniform Building Code
Standards. Shop drawings shall be submitted to and approved by the Fire
Department prior to installation.
2) 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.
3) 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.
c. The water system shall be designed and installed per the City of Huntington Beach Water
Division's Standard Plans, Specifications and Design Criteria. (PW)
PC Minutes - 1/13/98 31 (98PCM113)
d. The stairways shall comply with the Uniform Building Code Chapter 10 pertaining to
minimum run widths. (BD)
e. Elevations shall indicate the colors and building materials proposed.
f. The applicant shall submit a construction vehicle control plan to Public Works for review
and approval.
g. 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.
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. The plan shall include all off -site
improvements. (PW)
b. Wall plans shall be submitted and approved by the Department of Community
Development. Double walls shall be prohibited. Prior to the construction of any new
walls, a plan must be submitted identifying the removal of any existing walls next to the
new walls, and shall include necessary homeowner's approval.
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for inclusion in the entitlement file to the Department of Community Development.
b. 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. One (1) 36" box tree
or the palm equivalent is required by Code to be within the front yard. Show Palm or tree
location on the plan and specify the type. All trees within six feet of paving shall have a
24" deep .080" PVC root barrier installed per manufacturing recommendations and a 12'
gravel filled augered hole ten feet deep below the planting pit. (PW)
c. Hydrology and hydraulic studies shall be submitted to the Department of Public Works
for approval. The developer shall design and construct the drainage system required to
serve the development. (PW)
d. On -site drainage shall not be directed to adjacent properties, but shall be handled by a
Public Works approved method. (PW)
e. An erosion control plan shall be submitted to the Department of Public Works. (PW)
PC Minutes - 1/13/98 32 (98PCM113)
1
f. Submit perimeter fencing plans which depict decorative materials for review and
approval to the Department of Community Development. Double walls shall be
prohibited; prior to constructing any new wall, a plan must be submitted identifying the
removal of any existing walls/fences next to the new wall, and shall include necessary
homeowner's approval.
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. Phase and schedule construction activities to avoid high ozone days (first stage smog
alerts);
e. Discontinue construction during second stage smog alerts.
f. Maintain equipment engines in proper tune.
6. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them
7. The area delineated on the approved site plan within the open space corridor shall be limited
to uses listed within the Ellis Goldenwest Specific Plan.
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•
All applicable Public Works fees shall be paid. (PW )
2. An encroachment permit shall be required for all work within the right-of-way. (PW )
3. State -mandated school impact fees shall be paid prior to issuance of building permits.
PC Minutes - 1/13/98 33 (98PCM113)
4. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards.
5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Determination 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.
7. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No.
97-9, Variance No. 97-6, pursuant to a public hearing, if any violation of these conditions or
the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
8. Entitlement Plan Amendment No. 97-9, Variance No. 97-6 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 minimum 30 days prior to the expiration date.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED NOVEMBER 12,1997
A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO APPROVE
PLANNING COMMISSION,MINUTES DATED NOVEMBER 12,1997 AS AMENDED,
BY THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
PC Minutes - 1/13/98 34 (98PCM113)
E. PLANNING COMMISSION ITEMSIINQUIRIES
Commissioner Kerins - asked staff for a status on the conditional use permit application
for additional boat yard space on Pacific Coast Highway and 17th Street. Staff stated that
they would report back.
Commissioner Inglee - asked staff how long the safety modifications to the existing
median and striping of Warner Avenue in front of the Huntington Harbour Bay Club
Condominiums will take. Staff stated it will take some time. Commissioner Inglee also
stated that the round -about has been installed at Heil Street and Saybrook Lane and is
working well. He also thanked Daryl Smith, Superintendent Parks, Trees and Landscape,
for his quick response to the tree he reported fallen on Warner Avenue.
Commissioner Chapman - stated that the homeowners in the area of Ellis and Edwards
had concerns regarding the oil operations taking place at the northeast corner of these
streets. He asked if there were any permits issued. Duane Olson, Fire Department, stated
that the oil operators were working on the wells, not drilling, and no permits were
necessary.
Commissioner Livengood - asked staff to schedule a Planning Commission retreat for
February or March and a future Study Session to discuss the Development Assistance
Committee's role in the development process. Commissioner Livengood stated that the
Chamber of Commerce would be holding a planning conference on March 13 and 14,
1998, and encouraged the Commission to attend.
F. COMMUNITY DEVELOPMENT ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefsky, Planning Director - restated actions taken at the California Coastal
Commission meeting regarding Bolsa Chica.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner - reviewed items for the January 27, 1998 Planning
Commission meeting.
PC Minutes - 1/13/98 35 (98PCM113)
1
G. ADJOURNMENT -Adjourn to the January 27,1998 Planning Commission meeting.
A MOTION WAS MADE BY KERINS, SECONDED BY TILLOTSON, TO ADJOURN
TO A 4:30 PM STUDY SESSION ON JANUARY 27,1998, AND THEN TO
REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY
THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
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AP ROVED BY:
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Planning Co i t
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PC Minutes - 1/13/98
36
(98PCM113)