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HomeMy WebLinkAbout1998-06-091 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 9,1998 STUDY SESSION - 5:00 PM (Room B-8) HB MALL RENOVATION PLAN — Jane Madera MEADOWLARK SPECIFIC PLAN —Amy Wolfe AGENDA REVIEW - Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE Council Chambers - Civic Center 2000 Main Street Huntington Beach, California P P P P P. P P 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 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 CONDITIONAL USE PERMIT NO.97-93NARIANCE NO 98-12 (APPEAL) (MERCS RESIDENCE) (CONTINUED FROM THE MAY 12,1998 MEETING)• APPLICANT: The Louie Group, Louie Hernandez APPELLANT: Planning Commissioner Tom Livengood LOCATION: 524-22°d Street (south of Goldenwest and west of Acacia) PROJECT PLANNER: Scott Hess Conditional Use Permit No. 97-93 represents a request to allow a 408.5 square foot, third level enclosed habitable area consisting of a converted mechanical room and 222 square foot addition. Variance No. 98-12 is requested to allow a floor area ratio (FAR) of 1.03 (2,981 square feet) in lieu of maximum 1.0 (2,875 square feet). At the May 12, 1998 Planning Commission meeting, a motion was made to deny the conditional use permit request which failed (2-3 vote; Chapman - Absent; Speaker -Abstaining). A subsequent motion was made to continue the appeal (and to notice the variance request) which passed (3-2 vote; Kerins, Biddle -No; Chapman -Absent; Speaker -Abstaining). STAFF RECOMMENDATION: Staff recommends denial of the request with findings for denial. Commissioner Speaker stated that in order to avoid the appearance of any misconduct or undue influence he would abstain from taking action on this item. Commissioner Chapman stated that he had been absent at the May 12, 1998 meeting, but had reviewed the video tape of that meeting and was prepared to take action on the request. THE PUBLIC HEARING WAS RE -OPENED. James Meres, 524-22nd Street, homeowner, stated that he had an en ineer pre are a technical report to be presented this evening and show slides of houses on 19 and 22° Streets that were of greater height than his request. Laura Meres, 524-22nd street, homeowner, stated that they were not intending to enclose the whole deck only move a wall of the room rearwards. She stated that the proposed enclosure was designed not to impact the adjacent neighbors. Ms. Meres also stated that they had consulted their neighbors prior to submitting their plans and the neighbors had supported the request. Bill Zimmerman, 607-21St Street, engineer, stated that the required Floor Area Ratio creates a hardship for this property and creates a devaluation to the home as they cannot expand. Jay Weir, 526-22nd Street, spoke in support of the request. Louie Hernandez, 19312 Harding Lane, architect and applicant, stated that the enclosure will only encroach four (4) feet, that a hardship does exist on the 25 foot lot and it is not a grant of special privilege. Dr. William Hyde, 602-22°d street, spoke in opposition to the request and stated it was non conforming to the Ocean Pointe tract. Darryn Lowenstein, 573-20th Street, spoke in support of the request. Eric Smit, 528-22°d Street, spoke in support of the request. Mary Smit, 528-22nd Street, spoke in support of the request. PC Minutes — 6/9/98 2 (98PCM609) Pat Zimmerman, 607-21" Street, spoke in support of the request stating they had 80 signatures of support from the surrounding neighbors. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated that the Zoning and Subdivision Ordinance was in place to protect the citizens of Huntington Beach. He stated that for a variance to be granted there must be special circumstances and a hardship on the property. He did not feel there were either and that approving this request would set a precedent for the neighborhood. Commissioners Chapman and Biddle also did not support the request because the home already exceeds allowable size and felt there were no hardships on the property. Commissioner Inglee stated that the property is constrained by not being allowed additions which could maximize the value of the home, and does not believe that the proposed addition would be detrimental to the general welfare of the community; he would support the variance. Commissioners Livengood and Tillotson also indicated they support the variance request. A MOTION WAS MADE BY BIDDLE, TO DENY CONDITIONAL USE PERMIT NO. 97-93 AND VARIANCE NO.98-12 WITH FINDINGS FOR DENIAL. MOTION FAILED FOR LACK OF A SECOND. A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.97-93 WITH FINDINGS AND CONDITIONS OF APPROVAL, AND DENY VARIANCE NO.98-12 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Chapman, Kerins, Biddle NOES: Inglee, Tillotson, Livengood ABSENT: None ABSTAIN: Speaker MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO.97-93 WITH ZONING ADMINISTRATOR'S FINDINGS AND CONDITIONS OF APPROVAL AND APPROVE VARIANCE NO.98- 12 WITH FINDINGS FOR HARDSHIP DUE TO CALCULATION ERRORS, BY THE FOLLOWING VOTE: AYES: Inglee, Tillotson, Livengood NOES: Chapman, Kerins, Biddle ABSENT: None ABSTAIN: Speaker MOTION FAILED PC Minutes — 6/9/98 3 (98PCM609) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO.97-93 WITH FINDINGS AND CONDITIONS OF APPROVAL, AND DENY VARIANCE NO.98-12 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Chapman, Tillotson, Livengood, Kerins, Biddle NOES: Inglee ABSENT: None ABSTAIN: Speaker MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-93: 1. Conditional Use Permit No. 97-93 for the establishment, maintenance and operation of a 114 square foot addition (revised size since Variance No. 98-12 was denied) to the existing third level mechanical room in a location partially occupied by an open roof deck 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 addition to the existing third level mechanical room is designed to integrate with the existing residence and the site is physically suitable for this type of development. Based upon the design of the addition to the existing third level mechanical room and maintenance of the roof deck, there will not be an impact to the existing views of the properties located to the north and south of the site. The views will be maintained along with the open space provided on the roof deck. 2. The conditional use permit will be compatible with surrounding uses because the proposed colors, materials, and design of the third level addition will be compatible with the existing third story residence and with other third level elements within the surrounding neighborhood (Oceanpointe). In addition, since the expansion to the existing third level mechanical room would be constructed within the overall building envelope of the existing residence, and would not exceed the maximum 35 height limit, it would not visually dominate and contrast significantly with the character of the neighborhood. 3. The proposed addition to an existing third level mechanical room 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 addition and remodel will comply with the provisions of the RMH-A 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 addition to the existing third level mechanical room would be compatible with the existing residence in colors, materials and design and with other homes within the Oceanpointe development. The existing development has third level elements (mechanical room) with open space decks and the proposed addition to the existing third level mechanical room will not significantly alter the overall appearance of the residence or impact existing views and will not significantly reduce the open space deck for the site. In addition, the proposal will not increase the non -conforming site coverage for the site because the addition to the third level will not affect the building footprint or the site coverage calculation for the site. PC Minutes — 6/9/98 4 (98PCM609) 1 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 (RMH-25) on the subject property. In addition, it is consistent with the goals and policies of the General Plan since the addition to the third level mechanical room will be compatible with the existing structure and structures within the surrounding neighborhood, maintain existing views, maintains adequate open space, and does not increase the non -conforming site coverage for the site. (LU 9.1.2). FINDINGS FOR DENIAL- VARIANCE NO.98-12: 1. The granting of Variance No. 98-12 for a third story deck addition which would increase the floor area ratio to 1.03 (2,981 square feet) in lieu of maximum 1.0 (2,875 square feet) will constitute a grant of special privilege inconsistent with limitations placed upon other properties in the vicinity and under an identical zone classification. The addition will exceed the FAR by 106 square feet. A variance to exceed the floor area ratio has not been granted for similarly zoned properties in the general vicinity. 2. There are no special circumstances applicable to the subject property, including size, shape, topography and location or surroundings. The strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The lot is a typical rectangular 25 ft. x 115 ft. size identical to other lots in the RMH-A zone. The third story deck addition would create an adverse impact to aesthetics and the floor area ratio for the lot. The addition would set a precedence as no other residence within the same development incorporates an addition on the third floor which exceeds the floor area ratio for the structure and would increase the bulk and mass of the structure. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The granting of the variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. The property is developed with a three story home and a third level deck. The variance request would allow the property owner to increase the floor area ratio 106 feet. 4. The granting of the variance will be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The deck enclosure will be not architecturally compatible with the existing home and will alter the height and floor area ratio of the existing residence. It is not consistent with the Land Use Element designation of Medium High Density Residential -Small Lot Subdistrict on the subject property and is not consistent the following goals and policies of the General Plan: a. Require that all new residential development within existing neighborhoods be compatible with existing structure. (LU 9.1.2) b. Identify that structures and site are designed and constructed to maintain their long term quality. (LU 4.2) PC Minutes — 6/9/98 (98PCM609) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-93: 1. The site plan, and elevations received and dated November 5, 1997, and the floor plan dated February 5, 1998, shall be the conceptually approved layout with the following modification: a. The third story addition shall be reduced in size by 106 square feet so the total square feet of the residence does not exceed 2,875 square feet (FAR 1.0). b. Revised elevations shall depict colors and materials. 2. Prior to submittal for building permits, 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). 3. 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. 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. 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97- 93 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-93 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. 97-93, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. PC Minutes — 6/9/98 6 (98PCM609) 4. All applicable Public Works fees shall be paid. (PW) 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. B-2 GENERAL PLAN AMENDMENT NO.97-2/ZONE TEXT AMENDMENT NO.97- 5/NEGATIVE DECLARATION NO.97-22/LOCAL COASTAL PROGRAM AMENDMENT NO.97-1/TENATATIVE PARCEL MAP NO.97-199/HOLLY SEACLIFF AFFORDABLE HOUSING PLAN AMENDMENT NO. 1 (GREENBRIAR/MONTECTIO): APPLICANT: PLC Land Company LOCATION: South side of Garfield Avenue, between Peninsula Lane and Goldenwest Street, north of Summit Drive PROJECT PLANNER: Mary Beth Broeren General Plan Amendment No. 97-2 and Zoning Text Amendment No. 97-5 represent a request by PLC Land Company to amend the General Plan Land Use Map and the Holly Seacliff Specific Plan to change the land uses and maximum number of units on 58 acres. PLC has requested consideration of two alternatives. Both alternatives would expand the existing commercial area from seven to 11 gross acres. Alternative #1 also reduces residential density in the Greenbriar area and increases density in Montecito. Alternative #2 lowers density in both Greenbriar and Montecito. Both Alternatives yield fewer residential units than the existing plan. Tentative Parcel Map No. 97-199 would subdivide the 58 acres into three parcels. The amendment to the Affordable Housing Plan would allow rental units to meet affordable housing goals in addition to for -sale units. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the applicant's request for Alternative #2, the tentative parcel map and the amendment to the affordable housing plan, as modified by staff, for the following reasons: • The proposed low density land use designation is compatible with existing and proposed land uses in the area. PC Minutes — 6/9/98 7 (98PCM609) ♦ Development of the expanded commercial site can be designed to be compatible with surrounding uses and the expansion will be fiscally beneficial to the city. ♦ The tentative parcel map conforms with the Holly Seacliff Specific Plan and Ordinance Code. ♦ The allowance of affordable rental housing is consistent with the Holly Seacliff Specific Plan and the goals of the General Plan Housing Element. ♦ The potential environmental impacts of the project have been evaluated in Negative Declaration No. 97-22 and mitigation measures will reduce impacts to a level of less than significant. The Commission discussed with staff the differences between the Affordable Housing Plan Amendment, Alternative No. 1 and Alternative No. 2. THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, stated that the applicant would prefer approval of Alternative No. 2 and concurs with staff s report and recommendation with the exception of the staff recommended changes to the language of the Affordable Housing Plan requiring a 50-50 mix of low and very low income units for rental units. The Commission asked Mr. Holman if marketing studies had been done to assure that commercial property would be viable in this area and how the Seacliff Shopping Center expansion would affect their proposed commercial center. Mr. Holman stated that a study had been done and there is demand for a market and commercial development in this area. He stated that the area is growing and the Seacliff Shopping Center expansion would not preclude a need for their proposed center. Mike Colonna, 6902 Derby Circle, Hampton's Homeowner Association, spoke in opposition to the expansion of the commercial acreage and would request lower density for the residential portion. Bill Lewerenz, 18936 Caddington Circle, Hampton's Homeowner Association, spoke in opposition to the request. Lou Mannone, Huntington Seacliff Homeowners Association, referred to his letter dated June 8, 1998, stating the Association prefers Alternative No. 2 with concern regarding proposed hours of operation, truck noise, light intrusion, and traffic flow for the commercial center. They support the Saddleback "Paseo" as a pedestrian -only link with concern for safety issues, and request that traffic be carefully considered along Goldenwest and Garfield. Karen Jackle, 6702 Lawn Haven Drive, Huntington Seacliff Homeowners Association, stated that the Association would prefer Alternative No. 2. John Roe, 19382 Surfdale Lane, would support Alternative No. 2. Jerri Hesprich, 6971 Garden Circle, stated that the commercial development should be considered as a separate item and traffic and parking studies need to be done prior to acting on the request. PC Minutes — 6/9/98 8 (98PCM609) lJ John Edwards, 6712 Lawn Haven, Seacliff Homeowners Association, stated that he would prefer no commercial zoning on the property, ;only jow. density, residential. Jeff Metzel, 19391 Shady Harbor Circle, Huntington Seacliff Homeowners Association, prefer Alternative No. 2. Mr. Metzel stated that the Association would prefer no commercial zoning and low density residential in both developments. He also urged the Commission to have a traffic study done. J.D. Miles, 19415 Castlewood, FANS, spoke in support of Alternative No. 2. He stated the commercial portion of the project will benefit the residents in the area. Colleen Wilson, 18941 Silverbit, Hampton's Homeowners Association, stated concern with expanded commercial area and stated the proposed density of the residential should be the same as the existing residential. Andy Pieter, 6916 Turf Drive, President Hampton's Homeowners Association, stated concern with the expansion on the commercial property and the adverse impacts from the light and sound that will be created. David G. Aguilar, 19215 Beckonridge Lane, stated concern with children's safety with increased traffic and urged the Commission to approve low density residential and less commercial area. Jim Dello Russo, 18815 Rockinghorse Lane, Hampton's Homeowners Association, stated he wanted low density for all residential and no expansion of the commercial area. Suzanne Beukema, 9052 Christine Drive, FANS, spoke in support of Alternative No. 2. Tamlyn Hagemeiser, 19900 Beach Boulevard, Suite I, spoke in support of the request. Carol Lewis, 18925 York Lane, spoke in opposition to having a grocery store in the commercial center. Phillip Ow, 16907 Summer Grove Lane, spoke in support of Alternative No. 2. Philip Talbert, 6572 Radcliff, spoke in opposition to having a grocery store near residential and suggested the commercial properties be located in the adjacent industrial zone. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Planning Commission took straw votes on the project. The Planning Commission's straw votes reflected unanimously to not support Alternative No. 1 and voted unanimously to support the residential plan of Alternative No. 2. The Planning Commission voted to approve the expansion of the commercial area from seven to 11 acres with Commissioner Livengood dissenting. PC Minutes — 6/9/98 9 (98PCM609) A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO CONTINUE ACTION ON THE HOLLY SEACLIFF AFFORDABLE HOUSING PLAN AMENDMENT NO.1 TO THE JULY 14,1998 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE NEGATIVE DECLARATION NO.97-22 WITH FINDINGS AND MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER TO APPROVE GENERAL PLAN AMENDMENT NO.97-2 FOR ALTERNATIVE NO.2 WITH FINDINGS AND FORWARD RESOLUTION TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE ZONING TEXT AMENDMENT NO.97-2 FOR ALTERNATIVE NO.2 AND LOCAL COASTAL PROGRAM AMENDMENT NO.97-1 WITH FINDINGS AND FORWARD ORDINANCE TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 6/9/98 10 (98PCM609) F - „i FINDINGS FOR ZONING TEXT AMENDMENT NO.97-5: 1. Zoning Text Amendment No. 97-5 to modify the land use designations and amount of allowed development in Planning Area III of the Holly Seacliff Specific Plan is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed changes are consistent with General Plan Amendment No. 97-2 which is being processed concurrently. The changes do not result in greater traffic impacts than were assumed in the Environmental Impact Report No. 89-1 for Holly Seacliff certified in 1990 and subsequent amendment. The changes will implement General Policies. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes would not add any new land uses to the area and are compatible with uses in the vicinity. 3. A community need is demonstrated for the change proposed. The changes would reduce the number of residential units allowed on the subject property which would reduce demand on community facilities. The expanded commercial area would result in greater sales tax revenue to the city which may be used for infrastructure improvements and community services. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment will not introduce any new land uses to the area. It will ensure the continued provision of increased living opportunities fore residents close to services. FINDINGS FOR APPROVAL FOR NEGATIVE DECLARATION NO.97-22: 1. The Negative Declaration No. 97-22 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, General Plan Amendment No. 97-2, Zoning Text Amendment No. 97-5, Local Coastal Program Amendment No. 97-1, Tentative Parcel Map No.. 97-199 and Affordable Housing Plan Amendment No. 1. 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. Mitigation measures address a number of potential impacts, including: construction noise, aesthetics, air quality, transportation, lighting, hazardous materials and public services and facilities when ultimate construction 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 Tentative Parcel Map No. 97-199 will have a significant effect on the environment. PC Minutes — 6/9/98 11 (98PCM609) A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, APPROVE TENTATIVE PARCEL MAP NO.97-199 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 — TENTATIVE PARCEL MAP NO.97-199: 1. Tentative Parcel Map No. 97-199 for the subdivision of one parcel into three parcels is consistent with the General Plan Land Use Element designations of Medium, Medium High and Low Density Residential and Commercial on the subject property, or any applicable specific plan, or other applicable provisions of this Code. The proposed subdivision will result in parcels which conform to General Plan policies. 2. The site is physically suitable for the type and density of development. The site is generally flat and was previously analyzed for the proposed land use designations for residential and commercial development. No new land uses are proposed for the area. 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. There are no sensitive habitats on the subject site or in the vicinity. The creation of three parcels will not result in any environmental damage. 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. No easements exist on the site. CONDITIONS OF APPROVAL - TENTATIVE MAP NO.97-199: 1. The tentative map received and dated June 1, 1998 shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. The following shall be dedicated to the City of Huntington Beach: 1. An easement for storm drain purposes as shown on said map. 2. The storm drain system and appurtenances, within the storm drain easement, as shown on the improvement plans for this map. PC Minutes — 6/9/98 12 (98PCM609) b. All vehicular access rights to Summit Drive, Peninsula Lane, Garfield Avenue and Goldenwest Street shall be released and relinquished to the City of Huntington Beach except at locations subsequently approved by the Planning Commission. c. 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. d. 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. 3. Upon recordation of the map, a mylar and print of the recorded Parcel Map plus digital files per City of Huntington Beach requirements shall be provided to the Public Works Department. (PW) 4. Prior to construction of any permanent residential or commercial structures, a conditional use permit and tentative tract map, if appropriate, shall be approved by the Planning Commission. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Map No. 97-199 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. 2. The applicant shall submit a check in the amount of $38 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. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MAY 12,1998 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 12,1998, BY THE FOLLOWING VOTE: AYES: Inglee, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: Chapman MOTION PASSED PC Minutes — 6/9/98 13 (98PCM609) C-2 PLANNING COMMISSION MINUTES DATED MAY 26,1998 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 26,1998, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: None ABSENT: None ABSTAIN: Biddle MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Inglee — stated that the Environmental Review Committee has appointed three (3) new members pending approval by the City Council. E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Inglee - None Commissioner Chapman - None Commissioner Tillotson - None Commissioner Livengood — reviewed the June 16, 1998 Planning Commission Special Meeting Draft Agenda. Commissioner Kerins - None Commissioner Biddle - None Commissioner Speaker - None F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard ZelefsL Planning Director — stated the appeal of the Seacliff Shopping Center remodel will be heard at the June 15, 1998 City Council meeting. PC Minutes — 6/9/98 14 (98PCM609) LJ I LI F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Mary Beth Broeren, Senior Planer - reviewed items for the June 16, 1998 meeting. G. ADJOURNMENT — Adjourn to the June 15,1998 City Council Joint Study Session at 5: 00 PM and then to a special meeting on June 16,1998. A MOTION WAS MADE BY INGLEE, SECONDED BY CHAPMAN, TO ADJOURN TO A 5:00 PM JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION ON JUNE 15,1998, AND THEN TO A SPECIAL PLANNING COMMISSION MEETING AT 7:00 PM ON JUNE 16,1998, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl Planning Co ssion Cha rperson PC Minutes — 6/9/98 15 (98PCM609)