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HomeMy WebLinkAbout1998-01-27MINUTES 11 HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 27,1998 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:30 PM INTEGRATED INFRASTRUCTURE MANAGEMENT PROGRAM (IIMP) - Dave Webb, Public Works STREET TREES DAMAGING PUBLIC RIGHTS -OF -WAY - Daryl Smith, Public Works AGENDA REVIEW - Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P (teft approx. 8: 00 PM) ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to speak No action can betaken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduledfor 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 CONDITIONAL USE PERMIT NO 97-16/VARIANCE NO.97-8 (APPEAL) (RECYCLING FACILITY): APPLICANT: Mobile Recycling LOCATION: 10011 Adams Avenue (north side of Adams Avenue, east of Brookhurst Street) PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 97-16 and Variance No. 97-8 represent a request by Mobile Recycling to permit operation of a recycling facility at an existing commercial center. The facility is currently operating and consists of two collection containers. The containers are located in an area that reduces the required fire lane and drive aisle width which reduces the turning radius for three parking spaces. The request was denied by the Zoning Administrator with findings. The applicant has appealed the decision to the Planning Commission. STAFF RECOMMENDATION: Staff recommends denial of Conditional Use Permit No. 97-16 and Variance No. 97-8 for the following reasons: • The project is inconsistent with the General Plan because it does not enhance the visual image of the City. • The recycling collection containers will be visible from Brookhurst Street and have a visual impact on adjacent residential and commercial uses. • The project will be detrimental to the general health, welfare and safety and detrimental to the value of the improvements in the area because the visual impacts and noise generated by the use will affect area residents and commercial uses. • The recycling containers obstruct the required drive aisle width and reduces the turning radius for three parking spaces at a site with insufficient parking. THE PUBLIC HEARING WAS OPENED. Gerry Willoughby, 23652 Via Potes, Mission Viejo, manager of the recycling center; stated request for Mobile Recycling to permit operation of a recycling facility will avoid recycling inside the store. He stated the facility will provide a service to the adjacent residents for redemption and recycling of materials. Wendy West, 11292 Western Avenue, Stanton, representing applicant, submitted a petition of surrounding residents who support the request. She stated that they are requesting the Commission to approve the request with the Option 2 layout. PC Minutes - 1/27/98 2 (98pcm127) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated that numerous complaints had been received from the surrounding property owners regarding the facility. The facility also has trash cans, trash bags and various other discarded items surrounding the recycling bins. They felt it was a visual blight to the neighborhood. A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION BY DENYING CONDITIONAL USE PERMIT NO.97-16 AND VARIANCE NO.97-8 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.97-16: 1. Conditional Use Permit No. 97-16 for the establishment, maintenance and operation of a staffed 400 square foot recycling facility 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. The recycling collection containers will be visible from Brookhurst Street, having negative visual impacts to the neighboring residents and uses. Noise generated by the use will affect area residents and commercial uses. 2. The proposed recycling center will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed facility impacts the required parking at the site. The proposed container location obstructs the required drive aisle width and reduces the required turning radius for adjacent parking spaces. 3. The granting of the conditional use permit to allow a staffed recycling center will adversely affect the General Plan. It is inconsistent with the following goals and policies of the General Plan: a. 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. (Policy LU 10,1.12, b. Enhance the visual image of the City of Huntington Beach. (Goal UD 1) PC Minutes - 1/27/98 3 (98pcm127) Maintain and enhance the visual quality and scenic views along designated corridors. (Goal CE 7) d. Enhance existing view corridors along scenic corridors and identify opportunities for the designation of new view corridors. FINDINGS FOR DENIAL - VARIANCE NO.97-8: 1. The granting of Variance No. 97-8 to allow location within the required drive aisle width which reduces the fire lane and turning radius (19 ft. in lieu of 24 ft.) for three (3) parking spaces is not necessary to preserve the enjoyment of one or more substantial property rights. A recycling center could be provided at the shopping center via reverse vending machines which would not have to be located in the existing drive aisles. 2. There are no special circumstances applicable to the subject property, including size, shape, location or surroundings, which result in the strict application of the Zoning Ordinance depriving the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The site is fully developed and could provide an alternative means for recycling facilities. The granting of Variance No. 97-8 will be detrimental to the public welfare or injurious to property in the same zone classifications. The subject property is part of a commercial center with non conforming parking. A minimum of 490 parking spaces are required for the center including three (3) for the recycling facility and attendant. Only 457 parking spaces are provided. A further reduction in parking spaces and drive aisle width will have a negative effect on employees and customers of the center. A reduction in drive aisle width impacts life safety by the lack of adequate fire lane width for emergency vehicles. 4. The granting of Variance No. 97-8 will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The Huntington Beach Zoning and Subdivision Ordinance requires that sufficient parking be provided on -site. 5. The granting of the variance to allow location within the required drive aisle width which , reduces the turning radius width for three (3) parking spaces will adversely affect the General Plan. It is inconsistent with the following goals and policies of the General Plan: a. Provide safe and convenient parking that has minimal impacts on the natural environment, the community image, or quality of life. (Policy CE 5.1.2) 1 PC Minutes - 1/27/98 4 (98p=127) B-2 CONDITIONAL USE PERMIT NO.97-39/NEGATIVE DECLARATION NO.97-20 (CENTRAL PARK BANDSTAND): = APPLICANT: City of Huntington Beach, Community Services Department LOCATION: 7111 Talbert (north side, east of Goldenwest Street) PROJECT PLANNER: Peter Vanek Conditional Use Permit No. 97-39 and Negative Declaration No. 97-20 represent a request to by the Community Services Department in association with the Friends And Neighbors of Seacliff (F.A.N.S.) to construct a permanent stage platform to be utilized for outdoor concerts in the park which are currently held utilizing temporary stage equipment. The proposed stage is 2,400 square feet in area and 18 inches high, constructed of wood with a 42 inch high metal railing around the perimeter of the deck. The stage also includes flag poles and a decorative 19 foot tall metal arbor which would be utilized and installed individually by each user. STAFF RECOMMENDATION: Staff recommends approval of the project for the following reasons: • The proposed permanent stage facility will be compatible with the recreational character of the Central Park. • The permanent stage will minimize impacts to the existing improvements resultant from the use of vehicles which currently transport the temporary stage equipment to and from the site. • The noise level of the proposed concerts will not affect the neighboring residential developments and will be held during daylight hours only. • The permanent stage will not significantly reduce the recreational amenities on the site and will provide additional recreational opportunities at scheduled events. • The request complies with all aspects of the Zoning and Subdivision Ordinance including parking. • The proposed facility complies with the goals and objectives of the General Plan. THE PUBLIC HEARING WAS OPENED. Suzanne Beukema, 9052 Christine Drive, FANS, Chair of the Bandstand Committee, spoke in support of the request stating that FANS organization had adopted the project when lack of funding had put the project on hold. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated that Norma Gibbs had notified him that the Library Board had voted in favor of the proposed request. PC Minutes - 1/27/98 5 (98pcm127) A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE NEGATIVE DECLARATION NO.97-20 WITH FINDINGS AND CONDITIONAL USE PERMIT NO.97-39 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO 97-20. 1. The Negative Declaration No. 97-20 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. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 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. 97-39 will have a significant effect on the environment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-39: 1. Conditional Use Permit No. 96-39 for the establishment, maintenance and operation of the permanent 2,400 square foot stage facility for outdoor concerts in Huntington Central Park 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 of approval imposed, the proposed stage will not impede public use and access to existing recreational opportunities at the site and parking needs will be accommodated during high attendance events in a temporary parking lot. 2. The conditional use permit will be compatible with the surrounding uses because the proposed stage facility will be utilized during daylight hours only and is located centrally in the Huntington Central Park. There is no residential development within the immediate vicinity. In addition, with the conditions of approval imposed, the proposed stage facility will not impede public use and access to existing recreational opportunities at the site and parking needs will be accommodated during high attendance events in a temporary parking lot. Also, no lighting or bleachers are proposed in conjunction with the proposed stage. PC Minutes - 1/27/98 6 (98pcm127) 3. The proposed permanent stage 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. All aspects of the development will be in substantial compliance with code requirements, including minimum setbacks, maximum height and maximum site coverage. 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 OS -PR, (Open Space - Parks and Recreation Subdistrict) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Obiective L U 4.2: Ensure that structures and sites are designed and constructed to maintain their long term quality. Obiective LU 9.4: Provide for the inclusion of recreational, institutional, religious, educational, and service uses that support resident needs within residential neighborhoods. Policy LU 14.1.3: Require that structures located in the City's parks and other open spaces be designed to maintain the environmental character in which they are located. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-39• 1. The site plan and elevations received and dated July 16, 1997 shall be the conceptually approved layout with the following modifications: a. The wood bandstand (platform) shall either be constructed of pressure treated Douglas Fir or Trex Wood Polymer Composite. b. The elevations shall depict colors of the bandstand including stage, railing, poles and arbor as approved by the Secretary to the Design Review Board. 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 and mechanical). b. 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, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. PC Minutes - 1/27/98 7 (98p=127) 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan 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 letter of map revision shall be obtained from the Federal Emergency Management Agency (FEMA) declaring the project exempt from floodplain requirements and submitted to the Community Development Department for inclusion in the project case file. c. 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. 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 and be located in the general vicinity of the proposed stage. (PW) (Code Requirement) 4. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; 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. Prior to final building permit inspection and approval or commencement of use, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. PC Minutes - 1/27/98 8 (98p=127) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-39 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-39 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. 97-39, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 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. PC Minutes - 1/27/98 9 (98p=127) B-3 ENTITLEMENT PLAN AMENDMENT NO.97-19 (J. DEE'S LANDING): APPLICANT: John D. Lewis LOCATION: 16400 Pacific Coast Highway, #103 (east side, south of Anderson Street) PROJECT PLANNER: Peter Vanek Entitlement Plan Amendment No. 97-19 is a request to extend the hours of operation for live entertainment for an existing restaurant (J. Dee's Landing) located in Peter's Landing. The restaurant has previous approval to allow live entertainment between the hours of 9:00 p.m. and 1:00 a.m., seven days a week. The applicant proposes to modify the hours of operation to 3:00 p.m. to 1:00 a.m. on Saturdays and Sundays only, to allow additional hours for karaoke operation. Staff has analyzed the request and believes that the expansion of the hours of operation will be compatible with the existing and surrounding commercial uses at Peter's Landing, and is adequately separated from residential uses. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Entitlement Plan Amendment No. 97-19 with findings and suggested conditions of approval for the following reasons: ♦ The site is currently used as a restaurant and approved for live entertainment. ♦ Noise associated with live entertainment will be contained within the restaurant area. ♦ The proposed restaurant is separated from residential properties by commercial uses and structures. ♦ The increased hours of operation for live entertainment will not be detrimental to surrounding land uses and will be compatible with adjoining commercial uses. ♦ The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity, and will not generate any additional noise, traffic or other impacts which would be detrimental to residential uses in the vicinity. ♦ The use conforms to the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Annette Wren, 16337 Grenoble, spoke in opposition to the request stating that the doors are left open and the noise travels to the surrounding residents homes. Bob Winterbourne, 2872 Coast Circle, #302, spoke in opposition to the request because of excessive noise. Michael Alford, 16331 Grenoble Lane, spoke in opposition to the request stating that the doors are left open and the noise travels to the surrounding resident's homes. PC Minutes - 1/27/98 10 (98pcm127) J.D. Lewis, 16400 Pacific Coast Highway, applicant, stated that they have been operating the karaokie for six years under the assumption that it was permitted. He stated that no Police reports have been filed for karoake noise. He stated that they do keep the doors shut during live entertainment. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated concern regarding any excessive noise to the surrounding residents. They discussed continuing the item to allow staff and the applicant time to work together and mitigate any potential noise impacts. A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO CONTINUE ENTITLEMENT PLAN AMENDMENT NO.97-19 TO THE FEBRUARY 10, 1998 MEETING TO ALLOW THE APPLICANT TO WORK WITH STAFF REGARDING EXCESSIVE NOISE MITIGATION, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle NOES: Tillotson ABSENT: Speaker ABSTAIN: None MOTION PASSED B-4a ZONING TEXT AMENDMENT (ZTA) NO.97-3/NEGATIVE DECLARATION NO 97-18 (GENERAL DAY CARE CENTERS): APPLICANT: City of Huntington Beach and Marco E. LOCATION: 20471 Bushard Street (northwest corner of Bushard Street and Indianapolis Avenue) PROJECT PLANNER: Amy Wolfe Zoning Text Amendment No. 97-3 represents a request by Marko E. Botich to allow General Day Care uses within the RL (Low Density Residential) zoning district. Staff has evaluated the amendment 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 if implemented in conjunction with building site development standards which would limit development of such uses on lots 1.0 acre or greater fronting an arterial and subject to review and approval of a conditional use permit by the Planning Commission. PC Minutes - 1/27/98 11 (98pcm127) STAFF RECOMMENDATION: Staff recommends approval of Zoning Text Amendment No. 97-3 for the following reasons: ♦ The proposed project will not have any significant adverse environmental impacts. ♦ The proposed zoning text amendment is consistent with the goals and objectives of the City's General Plan which encourage the development of institutional uses and service uses that support the City's resident needs within residential neighborhoods. ♦ The proposed zoning text amendment would not permit development which would be detrimental to property or uses within the City in general. The scale of development shall be compatible with residential development adjacent to project sites. The projects shall convey a high quality visual image and character. Site specific development proposals shall be subject to location and site size criteria and shall require review and approval of a conditional use permit by the Planning Commission to ensure the use will be compatible with surrounding land uses. Commissioners Biddle, Kerins, Livengood, Tillotson and Chapman stated that they had met with the applicant and their representatives prior to this meeting. THE PUBLIC HEARING FOR ITEMS B-4a AND B-4b WAS OPENED. Richard Harlow, 211 Main Street, representing applicant, stated the project will maintain a low density use, the traffic signal at the corner will be upgraded with a left arrow turn signal and the drop-off and pick-up times will be staggered so as not to interfere with the school. Marko Botich, 6-Upper Newport Plaza, architect for the project, stated the design will be a amenity to the community. Cordula Dick-Muehlke, Ph.D., Executive Director for Adult Day Services of Orange County, stated that the use will provide affordable day time care for adults. She stated that there will be no one at the site that is a danger to themselves or others. She also stated that the staff at the centers are highly trained. Dwyn Parry, M.D., Board Member for Hoag Memorial Hospital, stated that the center provides research for Alzheimer's disease and other afflictions. Lee Marcus, 8566 Larkhall Circle, 813-C, spoke in support of the request. Harold M. Schechter, 9850 Garfield Avenue, 480, Council on Aging, spoke in support of the request. Doug Shea, 20491 Castle Rock Circle, area resident, spoke in support of the request. Kittridge Chamberlain, 18872 MacArthur Blvd., #100, Irvine, ADSOC Board Member, spoke in support of the request. PC Minutes - 1/27/98 12 (98pcm127) Brian J. Cummings, M.D., 9 Newton Court, Irvine,-UCI, spoke in support of the request. Dennis Holtz, 20471 Bushard Street, area resident, spoke in support of the request. Dick White, 17811 Misty Lane, spoke in support of the request. John MacGregor, 17684 Beechst, Fountain Valley, ADSOC, spoke in support of the request. Libby Kagan, ADSOC, spoke in support of the request. Jim Vicke, 3257 Dakota Avenue, Costa Mesa, Director, spoke in support of the request. Laurence P. Dolan, 20444 Magnolia, Sts. Simon & Jude Church, spoke in support of the request. Ellis Waller, 6328 Shields Drive, Care Connections, spoke in support of the request. Jim Chester, 20131 Mckinley Lane, spoke in support of the request. Francine Mullee, 20211 Big Bend Lane, spoke in support of the request. Susan Zwierzynski, 20502 Montauk Circle, spoke in opposition to request stating that she lives in the neighborhood and is opposed to the rezoning of the property. Pam Bywater, 9309 Shrike, Fountain Valley, spoke in support of the request. Betsy Crimi, HB Senior Outreach Center, spoke in support of the request. Candace Bartseh, 9342 Cloudhaven Drive, area resident, stated concern regarding increased traffic and accidents on Indianapolis Avenue. Mike Adams, 19771 Sea Canyon, representing applicant, gave a brief history of the site stating that traditional commercial would not work well at this site. He stated that the variance request to allow reduction of the 15 foot front yard setback along Bushard Street to eight feet will allow the maximum possible setbacks from residences and minimize potential impacts between the two land uses. 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 text amendment addressed the issue of net versus gross lot size area pertaining to the recommended 1.0 acre (min.) development standard. The Commission's discussion on the zoning map amendment addressed the consistency between the proposed zoning and existing General Plan Land Use designation of Residential Low Density (RL) on the project site. PC Minutes - 1/27/98 13 (98pcm127) The Planning Commission recommended approval of the Zoning Text Amendment and Zoning Map Amendment because the proposed Zoning Map Amendment is consistent with the existing General Plan designation of RL (Residential Low Density) with surrounding zoning and the existing and proposed development in the area. In addition, the proposed zoning text amendment is consistent with the goals and objectives of the City's General Plan which encourage the development of institutional uses and service uses that support resident's needs within residential neighborhoods. A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO APPROVE NEGATIVE DECLARATION NO.97-18 FOR THE ZONING TEXT AMENDMENT ONLY AND ZONING TEXT AMENDMENT NO.97-3 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.97-18: 1. Negative Declaration No. 97-18 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. Comments received during the comment period were considered by the Planning Commission prior to action on the Negative Declaration and Zoning Text Amendment No. 97-3. 2. There is no substantial evidence in light of the whole record before the Planning Commission, that the project will have a significant effect on the environment. FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.97-3: 1. Zoning Text Amendment No. 97-3 to allow General Day Care uses within the RL (Low Density Residential) zoning district, on lots 1.0 acre (gross acreage) or greater fronting an arterial, subject to approval of a conditional use permit by the Planning Commission is consistent with Land Use Element goal (LU7) and associated objective (LUT1) and policy (LUT1.1) as well as objective (LU9.4) and policy (LU9.4.1) because it would augment development of institutional uses and services that support the needs of Huntington Beach residents within residential neighborhoods while maintaining the City's scale and character. The conditional use permit requirement will enable specific site plan review to incorporate conditions to ensure the physical design (building layout, parking, landscaping etc.) and operations are compatible with surrounding land uses. PC Minutes - 1/27/98 14 (98pcm127) 2. A community need is demonstrated for the change proposed. The new zoning text will permit new facilities to be developed and provide services which have been previously offered to residents in the vicinity. It will also ensure development that is compatible with the surrounding land uses. 3 Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed zoning text amendment would encourage development of the site in accord with recently adopted RL (Low Density Residential) zoning development standards. B-4b ZONING MAP AMENDMENT (ZMA) NO 97-3/ CONDITIONAL USE PERMIT NO.97-55NARIANCE NO.97-24/NEGATIVE DECLARATION NO.97-18 (ADSOC GENERAL DAY CARE CENTER): APPLICANT: City of Huntington Beach and Marco E. LOCATION: 20471 Bushard Street (northwest corner of Bushard Street and Indianapolis Avenue) PROJECT PLANNER: Amy Wolfe Transmitted for Planning Commission review is Zoning Map Amendment No. 97-3, a request initiated by the City of Huntington Beach to change the zone of the property located at 20471 Bushard Street from CG (General Commercial) to RL (Low Density Residential) in order to bring the subject parcel in consistency with the RL (Residential Low Density) General Plan designation, in conjunction with Conditional Use Permit No. 97-55, a request by Marko E. Botich to develop a 20,000 sq. ft. adult day care facility and fence and Variance No. No. 97-24 to allow a reduction of the setbacks along Bushard Street and Indianapolis Avenue from 15 ft. to 8 ft. STAFF RECOMMENDATION: Staff recommends approval of the proposed project for the following reasons: ♦ The proposed project will not have any significant adverse environmental impacts. With standard conditions of approval, mitigation measures and design modifications, all concerns are mitigated to a level of insignificance. ♦ The proposed zoning map amendment is consistent with the existing General Plan designation of RL (Residential Low Density), -with surrounding zoning and the existing and proposed development in the surrounding area. ♦ The proposed project is consistent with the goals and objectives of the City's General Plan which encourage the development of institutional uses and service uses that support the City's resident needs within residential neighborhoods. PC Minutes - 1/27/98 15 (98p=127) The proposed use of the property as an adult day care facility, as conditioned, will not be detrimental to property or uses in the area or the City in general. The project's scale shall be compatible with existing development adjacent to the project site. Architectural details 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 subject development proposal, as conditioned, shall be in compliance with the RL (Low Density Residential) zoning district regulations inclusive of landscape and off-street parking standards and City policies relating to site planning and architectural design considerations. Substantial building off -sets and building articulation shall be provided on building elevations. On -site landscaping and parking improvements will comply with Zoning and Subdivision Ordinance (ZSO) requirements. SEE ITEM B-4a FOR PUBLIC HEARING COMMENTS AND COMMISSION DISCUSSION. A MOTION WAS MADE BY BIDDLE, SECONDED BY CHAPMAN, TO APPROVE NEGATIVE DECLARATION NO.97-18, APPROVE ZONING MAP AMENDMENT NO. 97-3 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, AND APPROVE CONDITIONAL USE PERMIT NO.97-55 AND VARIANCE NO.97-24 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.97-18: 1. Negative Declaration No. 97-18 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. Comments received during the comment period were considered by the Planning Commission prior to action on the Negative Declaration, Zoning Map Amendment No. 97-3, Zoning Text Amendment No. 97-3, Conditional Use Permit No. 97-55 and Variance No. 97-24). 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 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 will have a significant effect on the environment. PC Minutes - 1/27/98 16 (98pcm127) 1 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-55• 1. Conditional Use Permit No. 97-55 for the establishment, maintenance and operation of an adult day care facility and construction of a series of 6 ft. high wrought iron fences with stucco finish pilasters within 5 ft. from the front property line and 4.66 ft. from the exterior side property line in lieu of 15 ft. and 10 ft. respectively, 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 facility will fulfill institutional service 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 adult day care facility, as conditioned, 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 development plan, as conditioned will provide setbacks, parking and landscaping in compliance with development requirements applicable to the RL (Low Density Residential) 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 RL (Residential Low Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 7 Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's economic resources scale and character. b. LU 7.1 Accommodate the development of a balance of land uses that a) provides for housing, commercial employment, educational, cultural, entertainment, and recreational needs of existing and future residents, b) provides employment opportunities for residents of the City and surrounding subregion, c) captures visitor and tourist activity, and d) provides open space and aesthetic "relief' from urban development. c. LU7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (Table LU-2a and 2b) d. LU9.4 Provide for the inclusion of recreational, institutional, religious, educational and service uses that support the resident needs within residential neighborhoods. e. HRCI To promote the preservation and restoration of the sites, structures and districts which have architectural, historical, and/or archeological significance to the City of Huntington Beach). PC Minutes - 1/27/98 17 (98pcm127) FINDINGS FOR APPROVAL - VARIANCE NO.97-24: 1. The granting of Variance No. 97-24 to allow a minimum front yard setback of 8 ft. for a portion of the building along Bushard Street in lieu of 15 ft. will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Special circumstances for provision of adequate buffers between the proposed facility and adjoining areas limit the ability of the property owner to develop the site to its maximum potential, consistent with development standards applicable upon other properties in the vicinity. 2. Because of special circumstances applicable to the subject property, including, location and 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 classifications. Due to the location of the site at a corner location development on the subject property is significantly limited. Therefore the granting of a variance is necessary to preserve the enjoyment of substantial property rights. 3. The granting of this variance will not be detrimental to the public welfare or injurious to the property in the same zone classification. Currently the Bushard Street street scene is dominated by masonry walls enclosing rear and exterior side yards of residential zoned parcels. Minimal or no landscape buffers are provided between the existing perimeter walls and the back of the sidewalk. The proposed 8 ft. (min.) building setback along Bushard Street constitutes an improvement to the existing street scene. 4. The granting of the variance will not adversely affect the General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-55: 1. The site plan, floor plans and elevations received and dated January 12, 1998 shall be the conceptually approved layout with the following modifications: a. Elevations shall indicate color and building material proposed. b. Intensified landscaping shall be provided along the northerly and westerly property lines. Selected landscaping materials shall provide the maximum screening possible between the proposed facility and adjoining uses and shall be subject to review and approval by the City Landscape Architect. c. The development plans shall incorporate building analysis to show compliance with UBC chapter; 3-Occupancy Requirements, 5-Allowable area.(BD) PC Minutes - 1/27/98 18 (98pcm127) 1 d. The structures on the subject property, -shall be constructed in compliance with State acoustical standards set forth for structures that lie within 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). e. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) f. 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) g. 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) h. 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. i. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. The Department of Community Development) shall review and approve the revised site plan, floor plans and elevations as modified pursuant to Condition No. 1. c. All Fire Department requirements shall be noted on the building plans. (FD). PC Minutes - 1/27/98 19 (98p=127) 3. Prior to issuance of demolition permits, the following must be completed: a. Comprehensive documentation of the project site, as it currently exists, shall be prepared and submitted to the Community Development Department. The documentation shall be in accordance with the standards established by the Historical American Buildings Survey / Historical American Engineering Records (HABS/HAER). The report shall be archivally maintained with provisions for public access. The costs associated with preparation and maintenance of the documentation shall be the responsibility of the applicant. Additionally, a biography of the Holtz family history shall be archived in conjunction with the aforementioned documentation. b. All facets of the project related to historic preservation shall be reviewed and approved by the City of Huntington Beach. 4. 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. (PW) b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW ) c. Blockwall/fencing plans shall be submitted to 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 approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. d. An arborist report on all existing trees shall be submitted to the Department of Public Works for review and approval. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. Existing mature trees that are to be removed must be replaced at a 2:1 ratio with a 36" box tree or palm equivalent. (PW ) e. A plan for site control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. 5. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. Submit a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to minimize noise impacts. PC Minutes - 1/27/98 20 (98pcm127) 1 c. A Landscaped and irrigation plan, prepared by a licensed Landscape Architect shall be submitted for review and approval by the Park, Tree and Landscape Division. The Landscape Construction Set shall include a landscape plan 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. (PW) (Code Requirement) d. A Street Improvement Plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW ) e. A Striping Plan shall be submitted to the Department of Public Works for review and approval. (PW ) f. A traffic signal modification plan shall be submitted per Public Works guidelines for traffic signal construction. (PW ) g. A street light installation plan shall be submitted per Public Works guidelines for installation of street lights, Standard Plan No. 411. (PW ) 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. (PW ) i. 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. j. Submit gated entryway (access control devices) plans to the Department of Community Development. The gated entryway shall comply with Fire Department Standard No. 403. Prior to the installation of any gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works Departments. 6. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: PC Minutes - 1/27/98 21 (98pcm127) b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 7. Prior to final building permit inspection or commencement of use, 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 and Irrigation; All landscape irrigation and planting installation shall, be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to final inspection and approval. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and specifications. 2) Remove the existing AC berm and AC sidewalk on Indianapolis Avenue and Bushard Street. (PW) 3) Construct new curb, gutter and sidewalk on Indianapolis Avenue and Bushard Street. (PW) 4) Relocate the existing traffic signal at the corner of Indianapolis Avenue and Bushard Street to Public Works requirements. (PW) 5) Construct a 35 ft. radius curb return at the corner of Indianapolis Avenue and Bushard Street. (PW) 6) Construct a wheelchair ramp at the corner of Indianapolis Avenue and Bushard Street. (PW) 7) The sidewalk width on both Indianapolis Avenue and Bushard Street shall be 8.00 ft. (PW) 8) Install street lights per Public Works Standards. (PW) 9) All existing overhead utilities on the Bushard St. and Indianapolis Ave. frontage shall be undergrounded. (PW) 10) Remove the existing driveway on Bushard St. and construct curb, gutter and sidewalk. (PW) PC Minutes - 1/27/98 22 (98pcm127) L 11) The two proposed driveways on Indianapolis Avenue and Bushard St. shall be 27 ft. minimum width and constructed per Public Works Standards (radius type). (PW) 12) Street dedication on Bushard St. shall establish a 40 ft. half street with a 27 ft. property line radius at the corner of Indianapolis Ave. and Bushard St. (PW) 13) 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 irrigation 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) 14) 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 for painting. (PW) 15) Size the new domestic water meter and service per the Uniform Plumbing Code. 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) 16) Abandon any existing water services to the main. Tap all new water services (domestic, landscaping, and fire protection from the 12' main on Bushard St. (PW) 17) Irrigation will require a separate service, meter, and backflow device. The developer shall submit irrigation demands to ensure proper irrigation service sizing. 18) Any fire protection equipment required by the Fire Department shall not utilize domestic or landscaping services or meters. Water use by all fire protection equipment shall be metered. Any fire service lines will require an above grade double detector check screened from the public view. (PW) 19) The developer shall install a new 6' sewer lateral (min.). (PW) 20) The developer shall install a new 7 ft. wide catch basin on Indianapolis Ave. The size of the lateral and exact location of the catch basin shall be determined by the developer's engineer. (PW) 21) 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. (FD) PC Minutes - 1/27/98 23 (98pcm127) 22) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: a) manual pulls; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; d) smoke detectors and e) audible alarms (FD) 23) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 24)One fire hydrant will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. (FD) 25) Elevators will be sized to accommodate an ambulance gurney. Minimum 6'-8" wide by 4'-3" deep with minimum 42" opening. (FD) 26) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 27) 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) 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) f. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) g. If the lots are not considered exempt by FEMA, a second elevation certificate shall be submitted to the Planning Division for each unit "as built." PC Minutes - 1/27/98 24 (98pcm127) 8. The use shall comply with the following: a. Hours of operation shall 7:00 a.m. to 8:00 p.m. Monday -Friday. The Adult Day Care Center shall be closed during weekends and holidays. b. Only the uses described in the narrative shall be permitted. 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. 10. This conditional use permit and variance shall not become effective until Zoning Map Amendment No. 97-3 and Zoning Text Amendment 97-3 have been approved by the City Council, and are in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 97-55 and Variance No. 97-24 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. 97-55 and Variance No 97-24, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 3. The development shall comply with all applicable provisions and requirements of the Seismic Hazards Mapping Act. 4. All applicable Public Works fees shall be paid. (PW) Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. The Water Ordinance #14.52, the "Water Efficiency Landscape Requirement" apply for projects with 2500 sq. ft. of landscaping or larger. (PW) 7. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. PC Minutes - 1/27/98 25 (98pcm127) 8. State -mandated school impact fees 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. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. 13. 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. FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO.97-3 1. Zoning Map Amendment No. 97-3 to change the zoning on a 1.03 acre parcel from CG (General Commercial) to RL (Low Density Residential) is consistent with Land Use Element goal (LU7) and associated objective (LUT1) and policy (LU7.1.1) as well as objective (LU9.4) because it would augment development of an institutional use and services that support the needs of Huntington Beach residents while maintaining the City's scale and character, within residential: neighborhoods. It also is consistent with the General Plan Land Use Element designation of RL (Residential Low Density) on the subject site. 2. The zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. 3. A community need is demonstrated for the change proposed. The new zoning will permit new facilities to be developed and provide services which have been offered to residents in the vicinity. It will also ensure development that is compatible with the surrounding land uses. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The site is presently designated as RL (Residential Low Density ) on the General Plan and the proposed rezoning action will be consistent with the current General Plan designation and would encourage development of the site in accord with recently adopted ZSO development standards. PC Minutes - 1/27/98 26 (98p=127) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED DECEMBER 9, 1997 A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED DECEMBER 9,1997, BY THE FOLLOWING VOTE: AYES: Chapman, Tillotson, Livengood, Kerins, Biddle NOES: None ABSENT: Speaker ABSTAIN: Inglee MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 ENTITLEMENT PLAN AMENDMENT NO.97-24 (OCEAN COLONY RESIDENTIAL PROJECT): APPLICANT: J. Desmond Bunting LOCATION: Northwest corner of Palm Avenue and Seapoint Street. PROJECT PLANNER: Wayne Carvalho Entitlement Plan Amendment No. 97-24 represents a request by Mr. J. Desmond Bunting to amend the previously approved site plan, floor plans and elevations of a 53 unit single family residential subdivision named Ocean Colony (previously called Oceancrest). The revision consists of revised setbacks (front, side and rear) and three new house plans, two of which are slightly larger in floor area than the previously approved plans. Some of the lots with reduced rear yard setbacks are adjacent to the proposed Linear Park. The proposed amendment does not involve revising the approved tract map, lot lines, or street sections. STAFF RECOMMENDATION: Staff has administratively approved the applicant's request with conditions that include changes to the interior garage dimensions, and to the rear elevations of Plan Three. Staff finds that the revised project does not constitute a substantial change from the originally approved project, and that the revision will result in an improved project with more functional floor plans. Staff recommends the Planning Commission concur with staff s conditional approval and receive and file Entitlement Plan Amendment No. 97-24. PC Minutes - 1/27/98 27 (98pcm127) A MOTION WAS MADE BY BIDDLE, SECONDED BY TILLOTSON, TO RECEIVE AND FILE ENTITLEMENT PLAN AMENDMENT 97-24, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-24: Entitlement Plan Amendment No. 97-24 for revisions to the previously approved site plan, floor plans and elevations of Tentative Tract No. 14135, Conditional Use Permit No. 96-27, Coastal Development Permit No. 96-11 in order to reflect a specific product by Ocean Colony, LLC, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project does not propose any change in lot configuration, density or circulation. With the conditions imposed, the proposed units will be architecturally consistent with those previously approved for the project. The revised project will be compatible with surrounding residential uses and with Linear Park in terms of use, density, building height and bulk. 2. The proposed revisions to the site plan, floor plans and elevations will comply with the provisions of the base district and other applicable provisions in the 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 pending variance to exceed site coverage. Aside from the second story decks on nine of the Plan Three lots which require variances to site coverage, the remainder of the project will comply with the provisions of the Zoning and Subdivision Ordinance. With the conditions imposed involving garage stall dimensions and site coverage, the revised project will not adversely impact the surrounding properties. The revised project will comply with the setback and height requirements for the district. 3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. In addition, it is consistent with the General Plan of providing a mix of housing types throughout the City. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-24: 1. The site plan, floor plans and elevations dated received January 21, 1998, shall be the conceptually approved layout with the following conditions: a. Rear elevations on Plan 3 shall be modified to provide a minimum 2 foot building off -set if the variance to site coverage for the second story decks (balcony) is not approved. If the variance to site coverage is approved, the building off -set will not be required. PC Minutes - 1/27/98 28 (98pcm127) �l 1 b. Each required and designated garage parking space shall maintain a minimum 9 ft. wide by 19 ft. deep interior dimension. No obstructions shall encroach into the designated stalls. (Code Requirement) 2. All applicable conditions of approval on General Plan Amendment No. 96-3, Zoning Map Amendment No. 96-3, Tentative Tract No. 14135, Conditional Use Permit No. 96-27, Coastal Development Permit No. 96-11 and Local Coastal Program Amendment No. 96-2 shall remain in effect. 3. Prior to submittal for building permits, all conditions of approval applicable to this project 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). 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Livengood - requested that staff add Planning Commission Committee Items to all future Planning Commission meeting agendas. He appointed Commissioner Tillotson as liaison and Commissioner Speaker as alternate to the Downtown City Council Subcommittee. He also asked staff to report back on the Public Works tour, the Planning Commission retreat, the legalities and next step to establish a priority for funding of a safe left turn lane on Warner Avenue (Huntington Harbour Bay Club Condominiums), and to schedule the residential small lots discussion for the February 10, 1998 meeting. Commissioner Chapman - asked staff how Code Enforcement services work after hours and on weekends. Staff stated that generally the Police Department responds to complaints after hours; however, if the complaints warrant, a Code Enforcement Officer will work extended hours to respond. If the complaints and violations persist, staff will request an entitlement revocation hearing. Commissioner Kerins - asked staff for an update on the Greystone tour of small residential lot development. Staff stated they would report back. PC Minutes - 1/27/98 29 (98pcm127) 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. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - reviewed items for the February 10, 1998 Planning Commission meeting. G. ADJOURNMENT - Adjourn to the February 10,1998 Planning Commission meeting. A MOTION WAS MADE BY TILLOTSON, SECONDED BY KERINS, TO ADJOURN TO A 5:30 PM STUDY SESSION ON FEBRUARY 10,1998, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED /kjl P:=ROVED Ra annmg ommissi n Chairp son PC Minutes - 1/27/98 30 (98p=127)