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HomeMy WebLinkAbout1998-07-28MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 28,1998 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:00 PM (Room B-8) DEPARTMENT REORGANIZATION (5.00-5.30 PMZ-Ray Silver WAL*MART (5:30-6:00 PhD — Jane Madera AGENDA REVIEW (6:00-6.15 PMZ—Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P A 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 be taken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 ENTITLEMENT PLAN AMENDMENT NO 98-5 (ELLIS GOLDENWEST SCHOOL SITE ACCESS): APPLICANT: Jerry Buchanan, HBCSD LOCATION: 6701 Garfield Avenue (northwest corner at Saddleback Lane) PROJECT PLANNER: Wayne Carvalho Entitlement Plan Amendment No. 98-5 is a request by the Huntington Beach City School District to modify the location of the proposed driveways on Saddleback Lane to the proposed elementary school site. The vehicular access and circulation layout was previously reviewed and approved by the Planning Commission in November of 1993 under Tentative Tract Map No. 14009 — Site Plan Review. The school district has since revised the site plan for the school buildings and on -site circulation and is now requesting approval for the new driveways on Saddleback Lane. STAFF RECOMMENDATION: Staff recommends approval of Entitlement Plan Amendment No. 98-5 for the following reasons: The modification of the driveways complies with all applicable provisions of the Ellis Goldenwest Specific Plan and Zoning and Subdivision, Ordinance. The proposed relocation of the driveways for the bus drop-off and auto -drop off does not constitute a substantial change. The relocated driveways will create an improved circulation design to serve both the school and surrounding residential developments. The proposed use of the site as an elementary school will remain the same. The relocation of the driveways will result in an improved development. The modification of the driveway locations and on -site circulation will minimize traffic impacts to Garfield Avenue, Saddleback Lane and the adjacent residential streets. THE PUBLIC HEARING WAS OPENED. Jerry Buchanan, Huntington Beach City School District, representing applicant, stated That the relocation of the driveways would minimize traffic impacts to the adjacent residential streets. He also stated that if the Ellis-Goldenwest area were to be gated in the future they would work with the residents to achieve this goal. James Dela Russo, 18815 Rockinghorse Lane, Huntington Beach Hampton's HOA, stated that the volume and flow of traffic so near to the only entrance to the Hamptons development off Livingston Drive would be significant. He also stated that the bus lane would interfere with the Homeowners Association's plans for a gated community. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY INGLEE, SECONDED BY SPEAKER, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.98-5 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Kerins, Biddle, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED PC Minutes — 7/28/98 2 (98PCM728) n FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO 98-5: 1. Entitlement Plan Amendment No. 98-5 for the modification of the driveway locations to a proposed elementary school site does not constitute a substantial change. The number of driveways to the school site has remained the same. The driveway relocation will improve on -site circulation and minimize traffic conflicts at Saddleback Lane and Garfield Avenue. 2. The use of the property will remain the same. The site will remain as an elementary school site with a redesign of the building heights from a two story to a one story design. 3. The revision results in an improved development. The modified driveways will be compatible with surrounding residential uses by reducing the amount of traffic on Saddleback Lane during morning and afternoon hours. Traffic conflicts at the intersection of Saddleback Lane and Garfield Avenue will be minimized with the redesign of the student drop-off areas. 4. The revision will comply with all applicable provisions of the Ellis Goldenwest Specific Plan and Zoning and Subdivision Ordinance. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO 98-5: 1. The site plan received and dated June 5, 1998 shall be the conceptually approved layout. 2. All previous conditions of approval on Tentative Tract Map No. 14009 — Site Plan Review shall still apply. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Entitlement Plan Amendment No. 98-5 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 98-5 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 Entitlement Plan Amendment No. 98-5, 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 Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. PC Minutes — 7/28/98 3 (98PCM728) B-2 CONDITIONAL USE PERMIT NO.98-10 (SEABRIDGE CENTER ANIMAL HOSPITAL): APPLICANT: Mark Keller, Koba Architects LOCATION: 20032 Beach Boulevard (southeast corner at Adams Avenue, in the Seabridge Commercial Center) PROJECT PLANNER: Ricky Ramos This application was continued from the August 25, 1998 Planning Commission meeting to allow the applicant to obtain approval from the abutting property owners in the center for improvements the applicant is proposing to complete on portions of their property. These approvals in writing have been submitted to staff. Conditional Use Permit No. 98-10 is a request by Dr. Alison Naito to construct a new single - story, 4,600 square foot animal hospital within the Seabridge Commercial Center. Dr. Naito currently operates an animal hospital in a suite at the adjacent office building to the east and would like to move and expand the use to this proposed facility. Hours of operation will be during the day from 8 a.m. to 6 p.m. Noise levels will be required to comply with the City noise standards. The building architecture, massing, and exterior materials, as modified by conditions of approval are compatible with the area. STAFF RECOMMENDATION: Staff recommends continuance of Conditional Use Permit No. 98-10 to the August 25, 1998 meeting, to allow the applicant time to obtain approval from the abutting property owners in the center for improvements the applicant is proposing to complete on portions of their property. A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO CONTINUE CONDITIONAL USE PERMIT NO.98-10 TO THE AUGUST 25,1998 MEETING, BY THE FOLLOWING VOTE: - AYES: Inglee, Chapman, Tillotson, Kerins, Biddle NOES: None ABSENT: Livengood, Speaker (out of room) ABSTAIN: None MOTION PASSED I PC Minutes — 7/28/98 4 (98PCM728) B-3 CONDITIONAL USE PERMIT NO 97-106 (EVANGELICAL FREE CHURCH): APPLICANT: Jerry Rodin LOCATION: 1912 Florida Street (east side, 650 feet north of Adams Avenue) PROJECT PLANNER: Ricky Ramos Conditional Use Permit No. 97-106 is a request by the Evangelical Free Church to install 2,880 square feet of prefabricated modular classrooms for incidental religious education. The classrooms will be constructed in the interior of the site and are compatible with the area in terms of massing and appearance. The use should not have a detrimental impact to the area because it is a low -impact use commonly associated with churches. Compact parking stalls are proposed to allow space for a sidewalk for adequate pedestrian access while providing proper drive aisle widths. No additional parking is required for the classrooms. However, the construction will result in a net loss of 15 existing parking spaces. The church and the Wycliffe Bible Translators compound have a reciprocal parking agreement. Based on their combined supply of parking spaces and parking demand, adequate parking is still provided despite the net loss of 15 spaces. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 97-106 for the following reasons: • It will further several General Plan goals and policies pertaining to: accommodating existing uses and new development in accordance with the Land Use and Density Schedules; providing for the inclusion of religious and educational services that support resident needs within residential neighborhoods; requiring that institutional structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures; and allowing for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses. • The proposal complies with or exceeds minimum development standards including landscaping, setbacks, and screening. • The use should be compatible with the area because it is already currently taking place as part of the church and is a function that is commonly associated with churches. It is a low - impact use which should not have a detrimental impact to the area. • The modular classrooms are compatible with the character of the structures in the area and are located in the interior of the site. Adequate setbacks, as well as existing perimeter blocks walls and landscaping are provided to screen the facility from the neighbors. • The use of compact spaces will result in a more effective and efficient circulation pattern and parking layout. It will allow for a sidewalk to be provided near the modular classrooms and into the rest of the church facilities for better pedestrian access while still providing adequate drive aisle widths. PC Minutes — 7/28/98 5 (98PCM728) THE PUBLIC HEARING WAS OPENED. . Jerry C. Rodin, project architect, stated that the modules would be installed on State approved permanent foundations. He stated that the applicant concurs with staff s report and recommendations. The Commission questioned Mr. Rodin about the lifetime and appearance of the proposed modular classrooms. Mr. Rodin stated that the buildings would have wood textured siding, match the colors of the existing buildings and have a minimum lifetime of 20 years. Margie Rockoff, 7826 Lori Drive, spoke in support of the request. William Lucas, 1801 Florida Street, spoke in support of the church but was concerned that Public Works had no comments regarding the proposed request. He stated concern regarding the traffic pattern and felt a three (3) way stop or reduction of the speed limit would improve the situation. Pastor Ray Schmotz, 17394 Ash, Fountain Valley, stated that the main uses would occur Wednesday through Sunday and there were no plans to expand the pre-school. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY INGLEE, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.97-106 WITH FINDINGS AND CONDITIONS OF. APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Kerins, Biddle, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-106: 1. Conditional Use Permit No. 97-106 for the establishment, maintenance and operation of the 2,880 square foot modular classroom for Sunday school and the use of eleven compact parking spaces 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 classroom will be located in the interior of the site and will be buffered from abutting residential uses by substantial setbacks, perimeter walls, and landscaping. The classroom is compatible with the existing structures surrounding it and will be painted to match the existing church facilities. The use of compact parking spaces will allow for a sidewalk to be provided near the modular classrooms and into the rest of the church facilities for better pedestrian access while still providing adequate drive aisle widths. 2. The conditional use permit will be compatible with surrounding uses because Sunday school is a low -impact use that is commonly associated with churches. PC Minutes — 7/28/98 6 (98PCM728) 1 3. The proposed modular classroom for Sunday school 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. It complies with setback, building height, screening, and landscaping requirements, among others. 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 Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 7.1.1 —Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. b. LU 9.4 — Provide for the inclusion of recreational, institutional, religious, educational services that support resident needs within residential neighborhoods. c. LU 9.4.2 — Require that institutional structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures. d. LU 13.1.2 — Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. FINDINGS FOR PROJECTS EXEMPT FROM CEOA• The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the CEQA Guidelines, because it involves the construction of a minor addition under 10,000 square feet in size. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 97-106: 1. The site plan, floor plan and elevations received and dated May 19 ,1998 shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. 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) PC Minutes — 7/28/98 7 (98PCM728) c. 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, an exterior mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. 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. e. Parking area landscaping (including concrete curbing, step off areas) for the church's on - site parking lot shall be provided per HBZSO Section 232.08 to the approval of Planning staff and the City Landscape Architect. (Code Requirement) f. Note on the plans that the modular classrooms and mechanical equipment screen (trellis) will be painted to match the rest of the existing church facilities. 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 following Fire Department requirements shall be noted on the building plans: (FD). 1) Automatic sprinkler systems will be installed throughout, unless an on -site hydrant is provided. Shop drawings shall be submitted and approved by the Fire Department prior to installation. 2) A fire alarms system will be installed and provided with: manual pull stations; water flow, valve tamper, and trouble detection; smoke detectors, audible alarms. 3) Fire extinguishers will be installed and located in areas to comply with HBFC. 4) Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. 5) Fire lanes shall be designated and posted to comply with City Specification 415. 6) All modular structures will have vented skirting. PC Minutes — 7/28/98 8 (98PCM728) c. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) d. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 3. Prior to issuance of 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. 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 plan shall include the removal of one street tree near the driveway off Florida Street. It shall be replaced on -site with one 36- inch box tree to the approval of the City Landscape Architect. (PW ) 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. The landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. (PW) (Code Requirement) c. The applicant shall extend the expiration date of and modify the existing reciprocal driveway and parking easement to allow construction of the classrooms on the existing parking lot. The legal instrument shall be submitted to the Department of Community Development a minimum of 45 days prior to building permit issuance. The document shall be approved by the Department of Community Development and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Department of Community Development. If the agreement is not extended, then the number and location of parking spaces shall comply with current code.(Code Requirement) PC Minutes — 7/28/98 9 (98PCM728) d. The applicant shall submit a document prohibiting the sale of the auxiliary parking lot separate from the church site without an alternative means of providing parking for the church being approved by the City. The legal instrument shall be submitted to the Department of Community Development a minimum of 45 days prior to building permit issuance. The document shall be approved by the Department of Community Development and the City Attorney as to form and content and, when approved shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Department of Community Development. 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. 5. Prior to final building permit inspection, 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 (including landscaping) shall be completed in accordance with the approved plans and conditions of approval specified herein. 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. 6. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. PC Minutes — 7/28/98 10 (98PCM728) 1 INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 97-106 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-106 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. 97-106, 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 5. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 6. 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. B-4 ENTITLEMENT PLAN AMENDMENT NO.97-21/VARIANCE NO.98- 15/TENTATIVE TRACT MAP NO.14829 (REVISED) (SEAVIEW VILLAGE APPLICANT: Bijan Sassounian LOCATION: South side of Talbert Avenue, west of Joyful lane (vacant parcel to the north of Pacific Park Villas) PROJECT PLANNER: Jane Madera PC Minutes — 7/28/98 11 (98PCM728) Entitlement Plan Amendment No. 97-21 is a request by Bijan Sassounian/Seaview Village to revise a previously approved residential project and construct a 10 unit detached planned residential development on a 0.68 acre site. Variance No. 98-15 is a request to exceed the minimum upper story setbacks on the third level of the residences and to allow a 10 foot setback along Joyful Lane in lieu of the required 15 foot setback. Tentative Tract No. 14829 (Revised) is a request to allow a one (1) lot subdivision for 10 residential units and a common driveway. STAFF RECOMMENDATION: Staff is recommending approval of the project for the following reasons: The project is consistent with the Medium High Density Residential land use designation of the General Plan and with the City's Housing Element because it increases the type and variety of housing in the City. • The project is consistent with the objectives of the RMH standards and the Planned Unit Development concept of the code in achieving a development that has an integrated design which properly adapts the development to the surrounding terrain and uses in the area. • The project will not be detrimental to the general health, welfare and safety, or detrimental to the value of the improvements in the area. • The project provides good land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, perimeter walls, site layout and design. • The variance for upper story setback can be supported since the exterior appearance of the homes will be similar to two story units. • The variance for 10 foot exterior side yard setback is consistent with development in the immediate vicinity. • The project will provide adequate parking and circulation for residents and guests. • The project will complete the Talbert -Beach Redevelopment area in accordance with the objectives for the area. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211-B Main Street, representing applicant, spoke in support of the request and stated that the density reduction from 136 units to 59 units for the entire project area was a great improvement and will have a single family residential appearance. Mike Adams, 19771 Sea Canyon, representing applicant, stated he was available to answer questions. Bob Osterhoudt, 18061 Joyful Lane, #102, spoke in support of the request stating the homes will be quality built and improve the quality of the community. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes — 7/28/98 12 (98PCM728) 1` A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.97-21, VARIANCE NO.98-15 AND TENTATIVE TRACT MAP NO.14829 (REVISED) WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Kerins, Biddle, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.97-21: 1. The granting of the entitlement plan amendment for 10 detached condominium units, as part of a one lot subdivision, will not adversely affect the General Plan because the development is consistent with the Land Use Element designation of Medium High Density Residential on the subject property, and will add to the supply and variety of housing available in Huntington Beach. 2. The proposed project will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the area. The location, site layout, and design of the proposed 10 detached residential units properly adapts the proposed structures to streets and other adjacent structures and uses in a harmonious manner. The project's design includes density, height, setbacks, and building bulk compatible with the area. 3. The proposed project site's grade differential of four (4) feet will not adversely affect surrounding properties because the project will be graded to slope gradually to the street in order to be compatible with surrounding development and to ensure proper drainage. 4. The project will provide for acceptable parking and circulation, and will not adversely affect surrounding development because the total number of parking spaces on the site meets the number required by code. 5. The proposed development will comply with the provisions of the base district of RMH and other applicable provisions of Titles 20-25 and any specific condition required in the district, except as noted herein. FINDINGS FOR APPROVAL - VARIANCE NO.98-15 1. The granting of a variance to reduce the upper story setback from an average of 10 feet to an average of 3.8 feet for Plan 1 and 0 feet for Plan 2, and to reduce the exterior side yard setback along Joyful Lane from 15 feet to 10 feet for the building wall and to 4 feet at the corner, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. A similar setback variance was granted for Seaview North in 1992, and the setbacks provided are similar to those yards provided for other recently approved small lot subdivisions in the City. The units will appear as two-story units similar to the three story condominiums with tuck under garages located as part of the same development to the south. PC Minutes — 7/28/98 13 (98PCM728) 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site is a narrow, rectangular shaped lot with limited design and access possibilities. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. It will allow for the property to be developed as a small lot, single family residential, subdivision which will be similar to developments in the area. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The project is less dense than its predecessor, is similar in height, and will be compatible with surrounding land uses. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO.14829 (REVISED): 1. The proposed map is consistent with the General Plan because it provides for 10 detached residences as a one lot subdivision (14.7 units per acre). This is well below the maximum 17 units (25 units per acre) that could be developed on the site. 2. The site is physically suitable for the type and density of development proposed because the grade differential is approximately four (4) feet. The site can be graded to accommodated proper drainage and maintain compatibility with surrounding property. f, 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. No adverse environmental impacts have been identified that cannot be mitigated to a level of insignificance. 4. The design of the subdivision and the type of improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL —ENTITLEMENT PLAN AMENDMENT NO.97-21: 1. The site plan, floor plans and elevations received and dated July 21, 1998, shall be the conceptually approved layout with the following modifications: a. The building colors and materials as approved by the Design Review Board shall be noted on the elevations. b. The site plans and floor plans shall be revised to show a minimum five (5) foot setback from the south (rear) property line to the covered porch. c. A minimum 400 square feet of private open space shall be provided for each unit. Plans shall be completely dimensioned to demonstrate compliance with this requirement. PC Minutes — 7/28/98 14 (98PCM728) [1 1 [1 d. Retaining walls, decorative fencing heights, side yard walls, and driveway visibility (corner cut-off) walls shall comply -with Chapter 230 of the HBZSO. e. Landscaping along Talbert Avenue shall comply with Chapter 210 of the HBZSO. 2. Prior to submittal for building permits, the following shall be completed: a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. e. Elevations shall depict colors and building materials proposed. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. Community Development Department shall review and approve revised site plan and elevations as modified pursuant to Condition No. 1. h. 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). i. The following shall be -noted on the building plans: - 1) Fire lanes will designated and posted to comply with City Specification #415. (FD) 2) 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) 3) Street names. Names of streets must be approve by the Fire Department prior to use. See City Specification #429. (FD) PC Minutes — 7/28/98 15 (98PCM728) 4) The two westerly units at the west end of the common drive shall have automatic sprinkler systems installed throughout to comply with Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) 5) Fire hydrants shall be provided prior to combustible construction. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. (FD) 6) The project shall comply with all provisions of the HBFC and City Specification 422, Well Abandonment. (FD) 7) The project shall comply with all provisions of the HBMC Section 17.04.085 and City Specification 429, Methane District Building Permit Requirements. (FD) j. Double walls shall be prohibited; prior to constructing any new wall, a plan must be submitted identifying the removal of any existing walls next to the new wall, and shall include necessary homeowner's approval. 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. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), 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 231 of the Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. A 36 inch box tree shall be planted in each of the front yards along Talbert Avenue. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt 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. (PW) d. The applicant will work with the Public Works Department to provide appropriate radius type corners at the driveway entrance. (PW) e. Hydrology and hydraulic studies shall be submitted for Public Works approval. (PW) f. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one foot. (PW) PC Minutes — 7/28/98 16 (98PCM728) 1 g. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. h. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. i. No combustible construction shall occur until the approved water system has been installed. (PW) j. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) k. Each proposed dwelling unit shall require a separate domestic meter and service located within the public right-of-way or within a public easement dedicated to the City. Each meter shall have the unit number it serves stamped into the adjacent concrete in'/4" high letters. All domestic water meters shall be sized per the Uniform Building Code, Building Department, and Fire Department Standards. (PW) 1. The private street shall be constructed per concrete alley standards. (PW) in. The proposed driveway shall be the radius type per Public Works Standards. (PW) 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. 5. Prior to final approval of the building permit of the first unit, a reproducible mylar copy of the recorded final map, along with digital graphics file of the recorded map, shall be submitted to the Department of Public Works. Models may be exempted from this condition by the Director of Community Development. 6. Prior to final approval of the building permit for the last unit, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. PC Minutes — 7/28/98 17 (98PCM728) b. Compliance with all conditions of approval specified herein shall be accomplished. c. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. The use shall comply with the following: a. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required the applicant will be liable for expenses incurred. (FD) b. Any building additions to the single family residential units shall be restricted to the standards contained in this Planning Commission staff report. c. No parking shall be permitted between the driveway and Talbert Avenue. d. All residents must park their personal vehicles within the garages provided for the units. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees including Traffic Impact Fees shall be paid. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PW) 2. An encroachment permit shall be required for all work within the right-of-way. (PW) 3. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. Entitlement Plan Amendment No. 97-21 and Variance No. 98-15 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. 6. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 97-21, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO.14829 (REVISED): 1. The tentative tract map received and dated July 21, 1998, shall be the approved layout. PC Minutes — 7/28/98 18 (98PCM728) 1 2. The following conditions are required to be completed prior to recordation of the final map, unless otherwise stated bonding may be substituted for construction accordance with the provisions of the Subdivision Map Act: a. The developer shall provide written notice to prospective buyers that this project requires parking within the garages and this provision shall be incorporated within the CC & R's for the project. b. All vehicular access rights to Talbert Avenue and Joyful Lane shall be released and relinquished to the City of Huntington Beach except at private street intersections. 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. e. The water system shall be public with the appropriate easements. f. The sewer system shall be private. g. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. h. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. i. All water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. j. The developer shall submit a composite water utility plan including service connections for water and sewer to each unit, fire hydrants, valves, and other appurtenances in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works Standards and Water Division Criteria. These plans shall be approved by the Public Works Water Division prior to any construction. k. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. 1. All improvement securities (Faithful Performance, Labor and Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. PC Minutes — 7/28/98 19 (98PCM728) m. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. n. Any existing water services not being utilized for domestic or irrigation services shall be abandoned at the water main and the water meter returned to the Water Division. o. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. Appropriate mitigation may include, but not limited to, use of existing facilities or surplus sites, expansion of capacity at existing sites, construction of new facilities, payment of fees, and reduction of densities. The Community Development Department shall be provided with a copy of an agreement prior to recordation of the final map. 3. At least 60 days prior to recordation of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association, and Condition of Approval No. La. of Tentative Tract Map No. 14829 (R). The CC&R's must be in recordable form prior to recordation of the map. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Park and Recreation Fees shall be paid prior to acceptance of the final map by City Council. 2. All applicable Public Works fees shall be paid prior to map recordation. (PW) 3. Traffic impact fees shall be paid at the time of final inspection of the first unit. (PW) 4. All new utilities shall be installed underground. (PW) 5. A construction permit shall be required for any work within City right-of-way. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JULY 14,1998 A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 14,1998, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Kerins, Biddle, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED PC Minutes — 7/28/98 20 (98PCM728) C-2 PLANNING COMMISSION MINUTES DATED JULY 21,1998 A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 21,1998 WITH MODIFICATIONS, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Kerins, Speaker NOES: None ABSENT: Livengood ABSTAIN: Biddle MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 HOLLY SEACLIFF AFFORDABLE HOUSING PLAN AMENDMENT NO. 1: 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 The amendment to the Affordable Housing Plan would allow rental units to meet affordable housing goals in addition to for -sale units. This request was continued from the June 9, 1998 Planning Commission meeting to allow for additional analysis. The applicant initially requested that the rental units be allowed at Moderate income levels, but has indicated acceptance of a restriction at the Median income level. Staff supports the applicant's request for affordable rental units because the allowance of affordable rental housing is consistent with the Holly Seacliff Specific Plan and the goals of the General Plan Housing Element. However, staff recommends the Planning Commission approve the allowance for rental units at an equal mix of Very Low and Low income levels because: STAFF RECOMMENDATION: ♦ It is consistent with staff recommendations for affordable housing in other areas of the City; ♦ The maximum affordable Low and Very Low rents allowed for privately -funded development are comparable with average market rents for the city; and ♦ The Holly Seacliff Specific Plan allows for "subsidies" if a developer builds a Low or Very Low income project. These include: 1) direct financial assistance, 2) reduction in fees and/or exactions, and 3) deviations from specific development standards. Should the Planning Commission not support the restriction of Low and Very Low income levels for rental units, staff does not recommend any change to the Affordable Housing Plan. PC Minutes — 7/28/98 21 (98PCM728) Bill Holman, 23 Corporate Plaza, Suite 250, Newport Beach, representing applicant, stated that their request is to allow rental or apartment units to count toward the Specific Plan's 15 percent affordable housing requirement. The Planning Commission expressed concern that rental units at median income levels would not be more affordable than market rate units. A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO DENY THE HOLLY-SEACLIFF AFORDABLE HOUSING PLAN AMENDMENT NO.1 AND FORWARD TO THE CITY COUNCIL FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Kerins, Biddle, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES E-1 PLANNING COMMISSION COMMITTEE REPORTS E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Kerins — stated he would be forwarding to each Commissioner a copy of the Shil's Report's preliminary findings regarding Wal*Mart stores. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefskv, Planning Director — stated he had no items to report from the previous Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planer - reviewed items for the August 11, 1998 meeting. Mr. Hess also stated that the Meadowlark application package, due July 24, 1998 in order to hold a special Planning Commission meeting on September 1, 1998, was incomplete. Therefore, per the Planning Commission's direction the project will now be scheduled for the September 22, 1998 meeting. PC Minutes — 7/28/98 22 (98PCM728) E I G. ADJOURNMENT —Adjourn to the August 11,1998, 4.30 PMStudy Session and then to the joint Study Session with City Council at 5. 00 PM and then to the regularly scheduled Planning Commission meeting at 7. 00 PM. A MOTION WAS MADE BY SPEAKER, SECONDED BY SPEAKER, TO ADJOURN TO A 4:30 PM STUDY SESSION AND THEN TO THE JOINT STUDY SESSION WITH CITY COUNCIL AT 5:00 PM, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING OF AUGUST 11,1998 AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Kerins, Biddle, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED /kjl APPROVED BY: Ho aid Zelefsky cretary Planning Co issio Cha rperson PC Minutes — 7/28/98 23 (98PCM728)