Loading...
HomeMy WebLinkAbout1998-08-251 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 25,1998 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION —5:30 PM MPAH CIRCULATION ELEMENT AMENDMENT — Mary Beth Broeren AGENDA REVIEW (6:15-6:30 PhD — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Ingee Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to spear No action can be taken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTESPER PERSON, NO DONATING OF TIME TO OTHERS) A. ORAL COMMUNICATIONS Fred Schmidt, 16851 Stonehaven Circle addressed the Commission regarding item B-2. He requested lots 224 through 228 be redesigned so they do not abut the rear of his property in the Meadowlark Tract. Chairman Livengood requested staff to review the request with the applicant and report back to the Commission. B. PUBLIC HEARING ITEMS A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO CHANGE THE SEQUENCE OF PUBLIC HEARING ITEMS TO B-1, B-2, B-5, B-6, B-3a, B-3b, B-4; BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (NOTE. THE MINUTES WILL REFLECT THE ORIGINAL AGENDA ORDER.) B-1 CONDITIONAL USE PERMIT NO.98-10 (SEABRIDGE CENTER ANIMAL HOSPITAL (CONTINUED FROM JULY 28,1998): APPLICANT: Mark Keller, Koba Architects LOCATION: 20032 Beach Boulevard (southeast corner at Adams Avenue, in the Seabridge Commercial Center) PROJECT PLANNER: Ricky Ramos Conditional Use Permit No. 98-10 represents a request by Dr. Alison Naito to construct a new single story 4,600 square foot animal hospital within the Seabridge Commercial Center. This application was continued from the July 28, 1998 Planning Commission meeting to allow the applicant to obtain written approval from the abutting proper owners in the center for improvements the applicant is proposing to complete on portions of their property with construction of the new animal hospital. STAFF RECOMMENDATION: Continue to the September 9, 1998 Planning Commission Meeting A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO CONTINUE CONDITIONAL USE PERMIT NO.98-10 TO THE SEPTEMBER 9,1998 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 ZONING TEXT AMENDMENT NO.97-4/ ZONING MAP AMENDMENT NO.97- 1/ NEGATIVE DECLARATION NO.97-21/ CONDITIONAL USE PERMIT NO. 97-80/TENTATIVE TRACT MAP NO. 15469 (Continued from July 14,1998): APPLICANT: 1. City of Huntington Beach, Community Development Department, 2000 Main Street, Huntington Beach, CA 92648 (ZTA NO.97-4/ ZMA NO. 97-1) 2. Bruce D'Eliscu, Catellus Residential Group, 5 Park Plaza, Suite 400, Irvine, CA 92614 (CUP NO.97-80/ TTM 15469/ ND NO.97-21) LOCATION: Six hundred (600) ft. north and east of the intersection of Bolsa Chica Street and Warner Avenue, south of Heil Avenue. PROJECT PLANNER: Amy Wolfe PC Minutes - 8/25/98 2 (98p=825) On July 14, 1998, the Planning Commission took straw votes on issues related to the revised Meadowlark Specific Plan and the development proposal for the residential portion of the Meadowlark Specific Plan site. The intent was to provide the applicant with direction for finalizing the tract map and site plans for the residential development. Subsequently, the zoning applications were continued to the August 25, 1998 Planning Commission meeting in order to allow the applicant time to address these issues. Submittal of the revised maps and associated project information for the subject conditional use permit and tentative tract map was initiated on July 24, 1998. Currently project information necessary for the complete review of the project is pending. It is expected that final details of certain aspects of the project in accord with the straw vote motions will be submitted to Staff by August 21. In order for staff to perform a complete evaluation of the project, per the Planning Commission's direction, this project will need to be continued to the September 22, 1998 Planning Commission meeting. Since the last Planning Commission meeting, staff has been meeting with Catellus regarding a few remaining issues. In addition, a letter was received from Fred and Peggy Schmidt requesting a change to the tract map which will reduce impacts to their single family residence. And, finally, an appraiser evaluated the cost of land in the Meadowlark area to determine parkland value and the current market value is $516,500 an acre. STAFF RECOMMENDATION: Continue Zoning Text Amendment No. 97-4, Zoning Map Amendment No. 97-1, Conditional Use Permit No. 97-80, Tentative Tract Map No. 15469, and Negative Declaration 97-21 to the September 22, 1998 Planning Commission meeting with public hearing open. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO CONTINUE ZONING TEXT AMENDMENT NO.97-4, ZONING MAP AMENDMENT NO.97 —1, NEGATIVE DECLARATION NO.97-21, CONDITIONAL USE PERMIT NO. 97-80 AND TENTATIVE TRACT MAP NO. 15469 TO THE SEPTEMBER 22,1998 PLANNING COMMISSION MEETING WITH THE PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 8/25/98 3 (98pcm825) COMMISSIONER TILLOTSON, UPON ADVISE FROM THE CITY ATTORNEY, DISQUALIFIED HERSELF FROM PARTICIPATING AND VOTING ON ITEMS B-3A, B-311 AND B-4 BASED UPON CONFLICT OF INTEREST REGULATIONS DUE TO OWNING PROPERTY IN THE AREA. B-3a DEVELOPMENT AGREEMENT NO.98-1/COMMERCIAL MASTER SITE PLAN (The Waterfront Commercial Master Plant APPLICANT: Mayer Financial Ltd., The Robert Mayer Corporation, 660 Newport Center Drive, Suite 1050, Newport Beach, California 92658-8680 LOCATION: The project site is located on the north side of Pacific Coast Highway, west of Beach Boulevard, and east of Huntington Street. PROJECT PLANNER: Jim Barnes Development Agreement No. 98/l/Commercial Master Plan Site Amendment is the proposed "Amended and Restated Development Agreement" by and between the City of Huntington Beach and Mayer Financial Ltd. The City's Special Counsel, Murray Kane of Kane, Ballmer & Berkman, has drafted the proposed Development Agreement. The Development Agreement is a restructuring of the Development Agreement approved in 1988 for the original Waterfront development that consisted of four hotels and 875 residential units. The "Amended and Restated Development Agreement" is structured to accommodate a project that is consistent with the Waterfront Commercial Master Site Plan as well as the future development of a maximum of 230 residential units on the Waterfront residential site. The Commercial Master Site Plan will be adopted as part of the Development Agreement. It permits a total of three (3) hotels (including the existing Waterfront Hilton) with a maximum total of 1130 rooms, a conference center, retail plaza, interim use and other appurtenant facilities. STAFF RECOMMENDATION: Staff recommended the Planning Commission approve Development Agreement 98-1 and the Waterfront Commercial Master Site Plan for the following reasons: The Development Agreement provides for the orderly development of the Waterfront Project in accordance with the objectives set forth the General Plan, the Specific Plan, the Redevelopment Plan, and the Local Coastal Program. The Development Agreement will update the planning for and secure the orderly development of the property to assure attainment of the maximum efficient utilization of resources within the City at the least economic cost to its citizens, the provision of public services, public uses, urban infrastructure, and other goals and purposes for which the Development Agreement Act was enacted, and the promotion of the health, safety, and general welfare of the City of Huntington Beach and its residents. The Development Agreement will provide assurance that the developer may proceed with a development that is in accordance with certain City rules, regulations, and official policies in force at the effective date of the Agreement. PC Minutes - 8/25/98 4 (98p=825) • The Development Agreement conforms to requirements stated in Chapter 246 of the Zoning Ordinance. • The Commercial Master Site Plan will guide the long-term development of the Waterfront project as an integrated resort development, phasing the currently proposed project in an orderly manner and providing for a common theme of uses, architecture, landscaping, and pedestrian links. B-3b TENTATIVE TRACT MAP NO.15535/PRECISE PLAN OF STREET ALIGNMENT NO.98-1/CONDITIONAL USE PERMIT NO.97-46/COASTAL DEVELOPMENT PERMIT NO. 97-15 (The Waterfront Ocean Grand Resort and Conference Center APPLICANT: Mayer Financial Ltd., The Robert Mayer Corporation, 660 Newport Center Drive, Newport Beach, California 92660 LOCATION: North Side of Pacific Coast Highway / West of Beach Boulevard /East of Twin Dolphin Drive PROJECT PLANNER: Jim Barnes Tentative Tract Map No. 15535/ Precise Plan Of Street Alignment No. 98-1/Conditional Use Permit No. 97-46/Coastal Development Permit No. 97-15 is a request by the Robert Mayer Corporation and the City of Huntington Beach Redevelopment Agency to permit a master planned destination resort hotel and conference center providing a maximum of 530 guestrooms and approximately 130,000 gross (52,000 net) square feet of conference facilities. The project includes approximately 12,000 sq. ft. of retail space, two restaurants, health spa and ancillary uses. There will be alcoholic beverage sales, live entertainment and dancing. A subterranean parking structure located under the hotel and conference center with 990 parking spaces will provide parking for the development. The developer is proposing a parking system that is 100% valet. The CUP request includes valet parking and review of grading activities. There are four Special Permit requests to deviate from development standards for site coverage, tandem parking, minimum setbacks, and the minimum size of parking stalls. Also part of the request is a Precise Plan of Street Alignment to modify the adopted alignment of the future extension of Pacific View Avenue between Huntington Street and Beach Boulevard, a two (2) lot subdivision of the 18.82 acre site, and a Coastal Development Permit. The project is covered environmentally by Supplemental Environmental Impact Report 82-2 and an Addendum to SEIR 82-2 prepared in 1998. STAFF RECOMMENDATION: Staff recommended that the Planning Commission approve Tentative Tract Map No. 15 53 5, Precise Plan of Street Alignment No. 98-1, Conditional Use Permit No. 97-46 with special permits, and Coastal Development Permit No. 97-15 for the following reasons: • With the Environmental Impact Report Mitigation Measures and City Conditions of Approval, the project will not be detrimental to the value of property or improvements in the area. PC Minutes - 8/25/98 5 (98pcm825) ♦ The proposed project will be compatible with the uses and structures on adjacent surrounding properties. ♦ With the adoption of special permits, the proposed project is compatible with goals, policies, and development standards stated in the City's General Plan and Downtown Specific Plan. The project will stimulate employment opportunities and improve the City's overall economic base. ♦ The project is consistent with design and architectural standards contained in the Urban Design Element and the Downtown Design Guidelines. ♦ Adequate on -site and off -site circulation is provided and the project provides sufficient opportunities for pedestrian access and circulation. ♦ Proposed parking for the project has been deemed to be adequate through the preparation of "The Waterfront Ocean Grand Resort Transportation and Circulation Analysis," prepared by LSA, Inc. • With the conditions imposed, the special permit requests to exceed maximum lot coverage, encroach into setbacks with miscellaneous retaining walls and glass windscreens, provide tandem parking, and exceed the required width of certain parking stalls, will not be materially detrimental to surrounding properties or residents. ♦ The potential environmental impacts of the project have been evaluated in SEIR 82-2 and the Addendum to SEIR 82-2. A statement of overriding considerations has been adopted for air quality impacts that cannot be mitigated to a level of insignificance. Proposed mitigation measures will reduce all other impacts to a level of less that significant. THE PUBLIC HEARING WAS OPENED FOR ITEMS B-3a, B-3b and B-4. Steve Bone, President of The Robert Mayer Corporation, spoke in support of the requests. He said the project would be a 5-star destination resort hotel that would bring up to two million dollars in tax revenue to the City and create jobs for people in the community. Gaye Churchin, 7856 Seabreeze Drive, said her property backs the golf course and was concerned about noise, dust and hours that construction would be allowed. Carl Lawrence, 5100 Kingcorss Road, Westminster, spoke in support of the request stating that it would be a benefit to the community. Art Aviles, 9841 Mammoth Drive, spoke in support of the request stating that the previous redevelopment projects have enhanced the City significantly and the proposed project is excellent. Joyce Riddell, Chamber of Commerce, spoke in support of the request because of the economic benefits to the City and the high quality of the project. Diane Baker, Huntington Beach Visitor's and Conference Bureau, spoke in support of the request stating that her office receives a lot of requests for large conferences which at the present time are channeled to other cities. This project will bring a lot of business to the City. Bob Traver, 7402 Coho Drive, spoke in support of the request stating that this project will put Huntington Beach on the map due to the hotel and convention business. PC Minutes - 8/25/98 6 (98pcm825) Margie Bunten, 18132 Wellbrook, spoke in support'of the request because of the revenue stream and new jobs that will be available. Dave Guido, President of the Huntington Beach Coastal Community Association, spoke in support of the request stating that the project will be a tremendous benchmark for the future. Bob Davis, 17951 Collins, spoke in support of the request agreeing with the previous speaker's testimony. Meldee Love, 21462 Pacific Coast Highway No. 52, spoke in support of the request. She said she purchased her mobile home in 1986 and shortly thereafter was told of the redevelopment plans. She said she has been on hold since 1986 and had postponed major repairs and improvements. She requested a decision so she could move on with her life. Debbie Cook, representing Save Our Parks spoke in opposition to the section in the Development Agreement that speaks to the public beach. She said the Development Agreement attempts to convey rights to the developer that are owned by the residents as passed in Measure C in 1990. She said the section regarding the City's public beach is contrary to the Coastal Act and the City's LCP. She requested that all mention of the public beach be removed from the Development Agreement. Richard Harlow, 211— B Main Street, spoke in support of the request stating that the plan is excellent and will benefit the City financially as well as aesthetically. Ed Laird, 6562 Doral Drive, spoke in support of the request, stating that the project would be a great addition to the City. Natalie Kotsch, 218 7' Street, spoke in support of the request. She applauded Steve Bone and Sean Millburn for having the vision and dream to bring an excellent resort to the City. Sue Hebert, 9862 Bond Circle, spoke in support of the request, stating that the project would be a massive contribution to the City. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Inglee stated that the proposed project was outstanding but needs some fine- tuning. He was concerned about valet parking, specifically asking where people will park who do not want valet parking. He was also very concerned about the increased traffic on Pacific Coast Highway which he said is horrendous with the present level of traffic. Steve Bone responded to Commissioner Ingee's concern stating that the surrounding residential area is gate guarded; therefore hotel and convention guests could not park on surrounding residential streets. PC Minutes - 8/25/98 7 (98pcm825) Commissioner Kerins was opposed to the portion in the Development Agreement regarding beach use, agreeing with Debbie Cook that Section 4.3.4 item (h) should be deleted. He was also very concerned that the pitch and putt golf course would be eliminated and felt additional mitigation measures should be included due to the loss of open space. Steve Bone responded to Commission Kerins comment, stating that the open space for the project is 52%. He also said that they would be replacing one form of entertainment with other forms. Commissioner Biddle said that he supports the requests; however, agreed with Commissioner Kerins and Ms. Cook to delete restrictions of beach use from the Development Agreement. Commissioner Chapman said he supports the requests; however has the same concerns of beach use and loss of recreational space. Stephanie Scher, Special Council for the Redevelopment Agency and the City, pointed out that the Commission should note that Section 4.3.4 item (h) and (i) are not intended to give the developer veto power but obligates the City to give the developer advance notice for the events listed. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO ADOPT RESOLUTION NO. 1536 WITH MODIFICATIONS AND DEVELOPMENT AGREEMENT NO.98-1 WITH REVISIONS AND APPROVE THE WATERFRONT COMMERCIAL MASTER SITE PLAN, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Biddle, Speaker NOES: Kerins ABSENT: None ABSTAIN: Tillotson MOTION PASSED Commissioner Kerins pointed out that his no vote was based on the lack of mitigation of recreation and loss of open space. A MOTION WAS MADE BY SPEAKER, SECONDED BY KERINS, TO APPROVE PRECISE PLAN OF STREET ALIGNMENT NO.98-2 AND DRAFT ORDINANCE WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: Tillotson MOTION PASSED PC Minutes - 8/25/98 8 (98pcm825) 1 11 A MOTION WAS MADE BY SPEAKER, SECONDED BY KERINS TO APPROVE TENTATIVE TRACT NO.15335, CONDITIONAL USE PERMIT NO.97-46 WITH SPECIAL PERMITS AND COASTAL DEVELOPMENT PERMIT NO.97-15 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL INCLUDING EXHIBIT A, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: Tillotson MOTION PASSED FINDINGS FOR APPROVAL — DEVELOPMENT AGREEMENT NO.98-1/COMMERCIAL MASTER SITE PLAN: 1. The Waterfront Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Development Agreement recognizes the overall phased development of the site as identified in the Commercial Master Site Plan and implements the City's land use laws and policies. 2. The Waterfront Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 3. The Waterfront Development Agreement is in the interests of public convenience, the general welfare, and good land use practices, because infrastructure improvements and dedication will be required and, it is consistent with the General Plan and incorporates the mitigation measures from Supplemental Environmental Impact Report No. 82-2 and Addendum. 4. The Waterfront Development Agreement will not adversely affect the orderly development of property values because development and infrastructure improvements will occur in a timely manner. CONDITIONS OF APPROVAL — DEVELOPMENT AGREEMENT NO.98-1/COMMERCIAL MASTER SITE PLAN: 1. Modify Section 3.3.2 of the Draft Development Agreement to require a fee that is the same as the proposed fee for similar development agreements ($1,648,000/acre). 2. Delete Sections 4.3.4 (h) (i) and 4.3.4 (h) (ii) from the Development Agreement. 3. Move Sections 4.3.4 (h) (iii) and 4.3.4 (h) (iv) to Section 4.3.4 (i) of the Development Agreement PC Minutes - 8/25/98 (98pcm825) FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 15535: 1. Tentative Tract Map No. 15535 for a two (2) lot subdivision is consistent with the General Plan Land Use Element designation of CV (Commercial — Visitor) on the subject property, or any applicable specific plan, or other applicable provisions of the code except for the three (3) special permits requested and approved concurrently with CUP 97-46. 2. The site is physically suitable for the type and density of development. The site is relatively flat and is situated on an entire block. The existing alley will be vacated in association with this project and dedications for street widening purposes will be made. 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. 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 use of, property within the proposed suubdivision unless alternative easements, for access or for use, will be provided. 1 FIN f lINGS FOR APPROVAL - PRECISE PLAN OF STREET ALIGNMENT NO.98-1: 1. The street alignment proposed for Pacific View Avenue is in conformance with the General Plan and Downtown Specific Plan. The street alignment, size and capacity is in conformance with the adopted standards of the city. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-46: 1. Conditional Use Permit No. 97-46 with special permits for the development of a hotel / conference center will not be detrimental to the value of the general welfare or persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project has been evaluated for compatibility with the surrounding neighborhood. With the conditions of approval imposed, the project will provide adequate public plaza area, open air commercial amenities, be designed on a pedestrian scale and character, will provide sufficient parking to serve the uses on site, and will meet the goals and policies of several elements of the General Plan. 2. The conditional use permit will be compatible with surrounding uses because the project is designed with a Spanish Village / Mediterranean theme, which is compatible with the Iowntown Design Guidelines. With the conditions of approval imposed, the project will provide architectural elements and features to enhance the pedestrian character and scale of the street scene surrounding the project. The project will provide public improvements to make the project compatible with other downtown development. 3. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CV (Commercial — Visitor). In addition, it is consistent with all of the specific goals, policies, and objectives stated in section of this Staff report. PC Minutes - 8/25/98 10 (98pcm825) 4. The Waterfront Ocean Grand Resort and Conference Center with special permits will comply with the provisions of the Downtown Specific Plan 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-15: 1. Coastal Development Permit No. 97-15 for the development project, as proposed or modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. 2. The project is consistent with the requirements of the base zoning district, as well as other applicable provisions of the Municipal Code, except for the six special permits requested and approved concurrently. 3. At the time of occupancy, the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. 4. the development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 97-46/COASTAL DEVELOPMENT PERMIT NO.97-15: 1) The site plan floor plans and elevations received and dated July 2, 1998 shall be the approved layout with the following modifications. a) Elevations shall depict colors, building materials and design features as approved by the Design Review Board. b) Parking lot striping shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c) Depict all utility apparatus such as but not limited to backflow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d) All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) PC Minutes - 8/25/98 11 (98p=825) e) Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non - obtrusive, not interfere with sidewalk area and comply with the required setbacks. f) If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" skyward or onto adjacent properties and shall be shown on the site plan and elevations. 2) The preliminary Landscape Plan received and dated July 2, 1998 shall be the approved layout. 3) All mitigation measures outlined n SEIR 82-2 and the Addendum to SEIR 82-2 shall be complied with in accordance with the mitigation monitoring program. 4) If the valet parking system is discontinued, tandem parking spaces shall be converted to standard parking stalls. (Ping.) 5) A planned sign program for all signage shall be submitted to the Department of Community Development. Said program shall be approved prior to the first sign request. (Ping.) 6) Prior to application for Grading or Building Permits: a) Water Quality Management Plan shall be prepared and the recommendations contained therewith incorporated in the design for the buildings and the grading and drainage improvements. The Plan shall be submitted with those plans. (PW) 7) Prior to issuance of a Rough or Final Grading Permit: a) Provisions must be made to replace all existing mature trees that are to be removed with a 36 inch box tree or palm equivalent at a 2 for 1 ratio in accordance with the approved Consulting Arborist Report (PW) b) The developer shall coordinate with the Public Works Department in developing a truck and construction vehicle routing plan. The plan shall specify the hours in which transport activities can occur and methods to minimize construction related impacts to adjacent residences. The final plan shall be approved by the City Traffic Engineer. (PW) 8) Prior to issuance of a precise grading permit: a) A grading and drainage plan prepared by a registered civil engineer together with a geotechnic report shall be submitted for approval by the City. The geotechnic investigation and report shall include on -site soils sampling and laboratory testing of materials to provide detailed recommendations for site grading, chemical and fill properties, foundations, retaining walls, and utilities. (PW) PC Minutes - 8/25/98 12 (98pcm825) b) In conjunction with the submittal of applications for precise grading permits, a detailed drainage study prepared by a registered civil engineer shall be submitted showing that the project grading, in conjunction with the on -site drainage conveyance systems, will allow building pads to be safe from inundation from rainfall runoff from all storms up to, and including the theoretical 100 year storm as well as flooding from tidal waters. (PW) c) The elevations for all building pads shall not vary from the elevations shown on the tentative tract map by more than two (2) feet without approval of the City Engineer. (PW) 9) Prior to issuance of a building permit, the following shall be completed: a) Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawings sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing). (Ping.) b) Submit three (3) copies of the site plan and the processing fee to the Planning Division for addressing purposes. (Plug.) c) Separate domestic meters, backflow protection, and fire service lines shall be installed for each individual building or entity or as required by the Public Works Department. The domestic water meters (touch read type) and services shall be sized to meet the minimum requirements set by the Uniform Plumbing Code (UBC) and the Uniform Fire Code. The minimum domestic water service lateral size shall be 2-inch. If on -site fire systems are private, meters may be required. (PW) d) All conditions of Tentative Tract No. 15535 shall be complied with. (PW) e) An interim parking and/or materials storage plan shall be submitted to the Department of Community Development to assure that 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 Public Works Department. (PW) 10) Prior to issuance of a Certificate of Occupancy, the following shall be completed: a) Traffic Impact fees shall be paid before issuance of a certificate of building occupancy or as exceptions may be provided for in the Development Agreement on the Disposition and Development Agreement for the development. (PW) b) A water audit shall be completed and approved by the City Landscape Architect in accordance with the Water Efficient Landscape Requirements of the Municipal Code, Chapter 14.52. (PW): PC Minutes - 8/25/98 13 (98pcm825) c) Since the parking is intended to be 100 percent valet parking, a parking operations plan shall be prepared that addresses at a minimum the management of arrivals and departures, and strategies for valet parking efficiency. Said plan shall be submitted for review and approval of the City Traffic Engineer in order to ensure that satisfactory parking management and valet parking service will be provided for the development. (PVV) CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP 15535: 1) The Tentative Tract Map received and dated August 17,1998 shall be the approved layout. (PW) 2) The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7- 9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: (PW) a) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. b) Provide a digital -graphics file of said map. 3) Following recording of a final map, a reproducible mylar copy and a print of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the City Engineering Division. (PW) 4) All public improvements including but not limited to public sidewalks shall comply with American Disabilities Act (ADA) requirements. (PW) 5) All public improvement plans are to be prepared by a Registered Civil Engineer. (PW) 6) Plans for public improvements, including proposed utility lines and signing, striping, and other traffic control devices, shall be approved by the City Engineer. Water improvement plans shall be approved by the City Fire Marshall, and the City Engineer. The water distribution system and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Public sewer improvement plans shall be approved by the City Engineer. (PW) 7) A composite on -site utility plan shall be submitted for approval of the Public Works Department, which shows all water system improvements to be constructed along with all other existing and proposed underground utilities serving each lot. The plan shall also show all driveway locations, service connections for water and sewer, public and private fire hydrants, valves, and other appurtenances in accordance with the Uniform Plumbing Code, City Ordinances, Public Works Department, Water Division Standards. (PW) 8) The provisions of the City's "Water Efficient Landscape Requirements" of the Municipal Code, Chapter 14.52 shall apply for all projects with landscaping of 2,500 square feet and larger. (PW) PC Minutes - 8/25/98 14 (98p=825) 1 9) All securities are required to be posted and all development fees are required to be paid in accordance with the City's Subdivision Ordinance prior to release of the final map for recording, except for those fees specifically,required,to be paid with the building permit or certificate of occupancy, or as exceptions may be provided for in the Development Agreement or the Disposition and Development Agreement for the development. (PW) 10) Encroachment permits are required for all work within existing City right of way. (PW) 11) The alignment for Pacific View Avenue shall conform with the final alignment adopted through PPSA 98-1. (PW) 12) Prior to recordation of a Final Map, the developer shall construct, or enter into an Agreement and post security guaranteeing the construction of the following public improvements in conformance with applicable City Standards, the City's Subdivision Ordinance, and the Subdivision Act: (PW) a) Monumentation. Monumentation for the tract shall be installed in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. b) Streets Street improvements as delineated on Exhibit "A" attached hereto including, but not limited to; pavement, curb and gutter, medians, sidewalks, bus turnouts, acceleration lanes, and driveway approaches as approved by the City Engineer for the following streets/highways: • North half of Pacific Coast Highway(PCH) from the west tract boundary to Beach Boulevard including a full width median island and channelization as approved by Caltrans. • Full width street for Twin Dolphin Drive between PCH and Pacific View Avenue conforming to the typical street section shown on the tentative tract map. • Westerly half of Beach Boulevard between PCH and Sunrise Lane including full width median island and channelization as approved by Caltrans. • Full width street for Pacific View Avenue including a full width median island and channelization between the Beach Boulevard and extending westerly to join the existing improvements east of Huntington Street conforming to the typical street section shown on the tentative tract map. The alignment of Pacific View Avenue shall conform to the approved specific plan for the street. • Wherever public sidewalks meander outside the street right of way, an easement shall be dedicated to the City for public sidewalk purposes. • The developer shall bond for a 5-foot wide sidewalk to be installed along the north side of Pacific View Avenue between Beach Boulevard and the west tract boundary. The term of the bond shall be for a two-year period after commencement of sales for the first phase of residential development on the north side of Pacific View Avenue. The City will require installation of the sidewalk within said two year period if the City has made arrangements to provide a parkway of sufficient width along the north side of Pacific View along the boundary of the existing mobile home park east of Huntington Street (across from the Hilton Hotel) to accommodate the walk, landscaping, parkway trees, and the masonry wall. If arrangements haven't been made within said time period, the developer will be relieved of the obligation and the bond released unless the developer and the City agree to a time extension prior to the expiration date of the bond. PC Minutes - 8/25/98 15 (98pcm825) c) Street Lighting. Street lighting systems shall be installed in the following locations: • An Edison street lighting system along the west side of Beach Blvd. between PCH and Pacific View Avenue; along Pacific View Avenue; and along Twin Dolphin Lane to conform with the style of poles for those respective streets in accordance with the Public Works Department Standards. • The existing city owned street lighting system along the north side of PCH shall be relocated wherever required as result of constructing acceleration and deceleration lanes and intersection improvements. The style of the street light poles shall match those existing along PCH between Beach Blvd. and Huntington Street. The existing light poles to be relocated shall be replaced with new poles wherever the City's maintenance staff determines that they cannot be salvaged for reuse. Engineering street light calculations shall be provided along with the improvement plans for any street lights that do not conform with City standards. d) Traffic Signals. New traffic signals shall be installed at the following intersections as determined by the traffic study approved for the development and as approved by Caltrans: Beach Boulevard at Pacific View Avenue including any provisions for improvements to accommodate the future extension of a street easterly of Beach Blvd. PCH at Twin Dolphin The existing traffic signal at the intersection of the Beach Boulevard and PCH shall be modified if required by Caltrans. e) Signing/striping. Signing, striping and appurtenant traffic control devices shall be installed on Beach Boulevard between PCH and Sunrise Lane; on PCH between Beach Blvd. and Twin Dolphin Lane; and on Pacific View Avenue between Beach Blvd. and the existing improvements on Walnut Avenue at the Waterfront Hilton in accordance with City standards and plans prepared by a registered traffic engineer and approved by the City Traffic Engineer. The limits for the installations may extend beyond the frontages of the project as determined by the City Traffic Engineer as necessary to join with existing improvements. Parking will be prohibited on Twin Dolphin Lane and Pacific View Avenue. f) Storm Drains/Drainage. Storm drains shall be constructed as determined by a drainage study prepared by the developer's registered civil engineer and approved by the City Engineer for the entire site in conformance with the City's adopted standards and criteria. g) Sewers. Sanitary sewers shall be constructed as determined by engineering calculations prepared by the developer's registered civil engineer and approved by the City Engineer for the entire site in conformance with the City's adopted standards and criteria. 7 PC Minutes - 8/25/98 16 (98pcm825) h) Water. The following water system improvements shall be installed: • The existing 18-inch water main shall be extended in Pacific View Avenue (Walnut Avenue) from the westerly boundary of the tract to Beach Blvd. • A new 12-inch wateririaiin `shall bd constriicted in Twin Dolphin Lane between PCH and Pacific View Avenue and in Beach Boulevard from PCH to Pacific View Avenue. • The developer shall make arrangements for upgrading to a larger size the existing 8-inch main in PCH between Huntington Drive and Beach Blvd. if determined to be necessary by a hydraulic network analysis prepared by a registered civil engineer to meet the fire protection requirements for the development as specified by the City's Fire Marshall. • New fire hydrants shall be installed along the public streets in accordance with the requirements of the City's Fire Marshall and the City Engineer. • Backflow protection devices shall be installed in accordance with the Public Works Department, Water Division Standard Plans for domestic, irrigation and fire suppression water services. All such devices shall be painted to match the aesthetics of the surrounding area, and be screened from view to the satisfaction of the City of Huntington Beach Fire Marshall, and the Public Works Department's Landscape Architect and Water Division. • All abandoned existing fire hydrants, water meters and services connecting to an existing water main in a public easement and/or street shall be properly abandoned at the water main in accordance the Public Works Department, Water Division standards. i) Underground Utilities. All new and existing electric, telephone and cable TV systems including shall be installed underground in accordance with the City's Underground Utility Ordinance except for above ground electrical transformers which shall conform with the City's Zoning Code. j) Landscaping and Irrigation. Landscaping and automatic irrigation systems shall be installed within all approved median islands and parkways in public streets in accordance with the landscape plan approved for the development by the City Landscape Architect and in accordance with the City Arboricultural and Landscape Standards and Specifications and the requirements of the City's Zoning and Subdivision Code. All landscaping shall be maintained for one year following the 90 day plant establishment period. All maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. Prior to final inspection and approval all landscaping and irrigation improvements shall be certified by the Landscape Architect of Record to be in conformance with the plans approved by the City Landscape Architect for the development PC Minutes - 8/25/98 17 (98pcm825) A landscape License Agreement shall be entered into with the City for the subdivider to maintain all landscaping and irrigation within the public parkways and median islands of Pacific View and Twin Dolphin (excluding the medians within Pacific Coast Highway and Beach Blvd.) adjacent to the development. The existing license agreement for the Huntington Beach Hilton shall be incorporated into the new agreement or the new one coordinated such that they can be administered as if they were one agreement. k) Clean up of Public Streets/highways. Prior to recordation of a final map, the developer shall post with the City Engineer, a cash deposit, not to exceed $5,000, to guarantee the sweeping and cleaning of streets affected by the construction activities. The amount shall be determined by the City Engineer. If it becomes necessary for the City to use any portion of this deposit, the developer shall restore the fund to its original amount within 10 days of receipt of written request from the City. The deposit will be returned to the developer at the time of bond exoneration. 13) Prior to or in conjunction with the recording of the final tract map, the following dedications shall be accomplished: (PW) a) The Precise Plan of Street Alignment for Pacific View shall be approved. b) Pacific View Avenue, Twin Dolphin Drive and any widening of PCH and Beach Blvd. for acceleration and deceleration lanes and intersection improvements shall be dedicated for public street purposes. c) All vehicular access rights to Pacific Coast Highway, Beach Boulevard, Twin Dolphin, and Pacific View Avenue shall be released and relinquished to the City except at locations approved by the City Traffic Engineer. d) The sewer, water, and storm drain systems along with all appurtenances thereto shown on the approved public improvement plans for the tract shall be dedicated to the City of Huntington Beach. 14) The construction phasing for all public improvements shall be approved by the City Engineer. The phasing of improvements along the Beach Blvd. frontage of the future residential development parcel (between Pacific View and Sunrise Lane) will be permitted such that the construction of said improvements may be coordinated with the grading and development of the residential development. (PW) 15) A copy of the Covenants, Conditions and Restrictions (CC&R's) for the commercial condominium subdivision addressing the conditions herein, shall be submitted for review and approval by the'Planning Commission, the Community Development Department and the City Attorney's Office prior to their recordation and ownership of any air space. PC Minutes - 8/25/98 18 (98p=825) INFORMATION ON SPECIFIC CODE REQUIREMENTS: THESE CODE REQUIREMENTS ARE PROVIDED AS INFORMATION. THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS APPLICABLE TO THIS PROJECT. 1) Conditional Use Permit No. 97-46 shall not become effective until the ten day appeal period has elapsed. 2) Conditional Use Permit No. 97-46 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 of 30 days prior to the expiration date. 3) The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-46, 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 Fire Department requirements are as follows: a) NOTE ON PLANS — 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) b) NOTE ON PLANS — A class III wet standpipe system (combination) will be installed 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) c) NOTE ON PLANS — 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: (FD) • Manual Pulls • Water flow, valve tamper and trouble detection • 24-hour Supervision • Smoke Detectors • Annunciation • Audible Alarms • Graphic Display • Voice Communication • Methane Alarms d) NOTE ON PLANS — Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) e) NOTE ON PLANS —Fire hydrants 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) PC Minutes - 8/25/98 19 (98pcm825) f) NOTE ON PLANS — Elevators will be sized to accommodate an ambulance gurney. Minimum 6'8" wide by 4'3" deep with minimum of 42" opening. (FD) g) NOTE ON PLANS — Fire lanes will be designated and posted to comply with the City Specification #415. (FD) h) NOTE ON PLANS — Address numbers will be installed to comply with City Specification #428. The size of the numbers will be the following: (FD) The number for the building will be sized a minimum of ten (10) inches with a brush stroke if one and one-half (1 %2) inches. The number for the building will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1'/2) inches. Individual units will be sized a minimum of four (4) inches with a brush stroke of one- half ('/2) inch. i) NOTE ON PLANS — Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) j) SHOW ON PLANS — Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification #401. Include the circulation plan and dimensions of all access roads (24' or 27' fire lanes, turnarounds and 17' by 45' radius turns). Attached is City Specification #401. (FD) k) FIRE PROTECTION PLAN — Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #426. (FD) 1) NOTE ON PLANS — 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) m) NOTE OF PLANS — The project will comply with all provisions of the Huntington Beach Fire Code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. (FD) n) NOTE ON PLANS — The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specifications #429 for new construction with the methane gas overlay districts. (FD) 5) All applicable Public Works fees shall be paid. (PW ) 6) Traffic Impact Fees shall be paid at the time of issuance of a Certificate of Occupancy. (PW ) 7) An encroachment permit shall be required for all work within the right-of-way. (PW ) 8) A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. PC Minutes - 8/25/98 20 (98pcm825) 1 9) Park and Recreation fees shall be paid prior to issuance of building permits. 1 10) State -mandated school impact fees,shall be, paid prior to issuance of building permits. 11) 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. 12) Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 13) Construction shall be limited to Monday — Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 14) 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. 15) 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. DESIGN REVIEW BOARD CONDITIONS OF APPROVAL: 1. The color of the flat roof on the conference center shall match the color of the tile roof on the hotel. 2. All rooftop mechanical equipment shall be screened from view by methods approved by the DRB. 3. The DRB shall review the design and location of all public art incorporated into the project. 4. All proposed signage shall be reviewed by the DRB. 5. The DRB shall review the working drawings prior to issuance of building permits in order to determine that the working drawings substantially conform with the architectural design, including plans; model, and palettes presented at the January 22, 1998 Design Review Board meeting. B-4 CONDITIONAL USE PERMIT NO.98-9/COASTAL DEVELOPMENT PERMIT NO. 98-6 (Waterfront Interim Use): APPLICANT: LOCATION: PROJECT PLANNER: The Robert Mayer Corporation, 660 Newport Center Drive, Newport Beach, California 92660 North side of Pacific Coast Highway, wet of the future extension of Twin Dolphin Drive Jim Barnes PC Minutes - 8/25/98 21 (98pcm825) A request by the Robert Mayer Corporation to permit an Interim Use on a 3.5 acre site adjacent (east) of the Waterfront Hilton Hotel. The use will incorporate the existing pavilion tent, a 150 space parking lot, tennis courts, a sand volleyball court, and a function lawn. The interim use will be used to conduct recreational and social functions associated with operation of the Waterfront Hilton Hotel and proposed Ocean Grand Resort and Conference Center. In accordance with the Waterfront Commercial Master Site Plan, the site will ultimately be developed with a maximum 300 room or 150 all suite hotel. The existing vacant buildings on the site that were formerly the Huntington Beach Inn will be demolished. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 98-9 and Coastal Development Permit No. 98-6 for the following reasons: ♦ The proposed project will be compatible with the uses and structures on adjacent surrounding properties. ♦ With the adoption of a special permit for encroachment of windscreens into the setback, the proposed project is in conformance with goals, policies, and development standards stated in the City's General Plan and Downtown Specific Plan. ♦ The project will not be detrimental to the value of property or improvements in the area. ♦ The project is consistent with design standards contained in the Urban Design Element and Downtown Specific Plan. ♦ With the conditions imposed and special permit for encroachment of windscreens into the setback area, the project will not be materially detrimental to surrounding properties or residents. ♦ The project will provide 150 parking spaces necessary to satisfy the peak parking demand of 97 parking spaces for the Waterfront Hilton Hotel. ♦ The project will cause the demolition of unsightly vacant buildings that are presently existing on the site. (NOTE. Public Hearing was opened with items B-3a & B3b) A MOTION WAS MADE BY SPEAKER, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.98-9 AND COASTAL DEVELOPMENT PERMIT NO.98-6 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: Tillotson MOTION PASSED J PC Minutes - 8/25/98 22 (98pcm825) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-9: 1. Conditional Use Permit No. 98-9 with the special permit for the encroachment of a windscreen into the setback will not be detrimental to the value or the general welfare or persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project has been evaluated for compatibility with the surrounding neighborhood. With the conditions of approval imposed, the project will provide adequate public plaza area, open air commercial amenities, be designed on a pedestrian scale and character, will provide sufficient parking to serve the uses on site, and will meet the goals and policies of several elements of the General Plan. 2. The conditional use permit will be compatible with surrounding uses because the project is designed with a Spanish Village / Mediterranean theme, which is compatible with the Downtown Design Guidelines. With the conditions of approval imposed, the project will enhance the pedestrian character and scale of the street scene surrounding the project. The project will provide public improvements to make the project compatible with other downtown development. 3. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CV (Commercial — Visitor). In addition, it is consistent with all of the specific goals, policies, and objectives stated in this Staff report. 4. The Waterfront Interim Use with the special permit will comply with the provisions of the Downtown Specific Plan 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. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-6: 1. Coastal Development Permit No. 98-6 for the development project, as proposed or modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. 2. The project is consistent with the requirements of the base zoning district, as well as other applicable provisions of the Municipal Code, except for the six special permits requested and approved concurrently. 3. At the time of occupancy, the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-9/COASTAL DEVELOPMENT PERMIT NO.98-6: 1) The Site Plan and Preliminary Landscape Plan received and dated July 8, 1998 shall be the approved layout. (Ping.) PC Minutes - 8/25/98 23 (98pcm825) 2) All public improvements including but not limited to public sidewalks shall comply with American Disabilities Act(ADA) requirements. (PW) 3) All public improvement plans are to be prepared by a Registered Civil Engineer. (PW) 4) Plans for public improvements, including proposed utility lines and signing, striping, and other traffic control devices, shall be approved by the City Engineer. Water improvement plans shall be approved by the City Fire Marshall, and the City Engineer. (PW) 5) Standard Landscape Code requirements apply in accordance with Chapter 232 of the Zoning and Subdivision Ordinances. All landscape planting, irrigation and maintenance shall comply with the city Arboricultural and Landscape Standards and Specifications. (PW) 6) The provisions of the City's "Water Efficient Landscape Requirements" of the Municipal Code, Chapter 14.52 shall apply for all projects with landscaping of 2,500 square feet and larger. (PW) 7) Encroachment permits are required for all work within existing City right of way. (PW) 8) Pacific Coast Highway is a State Highway, therefore, all improvements and work within State Right of Way will require processing of plans through Caltrans and the issuance of a State Encroachment Permit as well as City approval. (PW) 9) Installation of required landscaping and irrigation systems shall be completed prior to final inspection / within twelve (12) months. (PW) 10) Parking lot lighting shall be provided per Building & Safety Department standards. The lighting shall be designed to eliminate skyward light and glow. (PW) 11) Prior to issuance of a Rough or Final Grading Permit: a) Provisions must be made to replace all existing mature trees that are to be removed with a 36 inch box tree or palm equivalent at a 2 for 1 ratio in accordance with the approved Consulting Arborist report. (PW) 12) Prior to the issuance of precise grading permit: a) A grading and drainage plan prepared by a registered civil engineer together with a geotechnic report shall be submitted for approval by the City. The geotechnic investigation and report shall include on -site soils sampling and laboratory testing of materials to provide detailed recommendations for site grading, chemical and fill properties, foundations, retaining walls, and utilities. (PW) 1 [1 PC Minutes - 8/25/98 24 (98pcm825) 1 b) In conjunction with the submittal of applications for precise grading permits, a detailed drainage study prepared by a registered civil engineer shall be submitted showing that the project grading, in conjunction with the on -site drainage conveyance systems, will allow building pads to be safe from inundation from rainfall runoff from all storms up to, and including the theoretical 100 year storm as well as flooding from tidal waters. (PW) c) The elevations for all building pads shall not vary from the elevations shown on the approved site plan by more than two (2) feet without approval of the City Engineer. (PW) 13) Prior to issuance of a building permit: The developer shall construct, or enter into an agreement and post security guaranteeing the construction of, the following public improvements in conformance with applicable City Standards: a) A landscape and Irrigation Plan, prepared by a licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. The submittal shall include irrigation demands to ensure proper irrigation service sizing. Further, the on -site improvements will be subject to approval by the Director of Community Development. (PW) b) Underground Utilities. All new and existing electric, telephone and cable TV system shall be installed underground in accordance with the City's underground Utility Ordinance except for above ground electrical transformers which shall conform with the City's Zoning Code. (PW) c) Landscaping and Irrigation. A Landscape License Agreement shall be entered into with the City for the subdivider to maintain all landscaping and irrigation within the public parkways adjacent to the development. The existing license agreement for the Huntington Beach Hilton shall be incorporated into the new agreement or the new one coordinated such that they can be administered as if they were one agreement. (PW) d) Water. Separate domestic meters, backflow protection, and fire service lines shall be installed for each individual building or entity or as required by the Public Works Department. The domestic water meters (touch read type) and services shall be sized to meet the minimum requirements set by the Uniform Plumbing Code (UBC) and the Uniform Fire Code (UFC). The minimum domestic water service lateral size shall be 2-inch. If on -site fire systems are private, meters may be required. Backflow protection devices shall be installed in accordance with the Public Works Department, Water Division Standard Plans for domestic, irrigation and fire suppression water services. All such devices shall be painted to match the aesthetics of the surrounding area, and be screened from view to the satisfaction of the City of Huntington Beach Fire Marshall, and the Public Works Department's Landscape Architect and Water Division.. PC Minutes - 8/25/98 041 (98pcm825) All abandoned existing fire hydrants, water meters and services connecting to an existing water main in a public easement and/or street shall be properly abandoned at the water main in accordance the Public Works Department, Water Division standards. (PW) e) Sidewalks. Sidewalks shall be constructed as shown on the site plan and in conformance with City Standards. Wherever public sidewalks meander outside the street right of way, an easement shall be dedicated to the City for public sidewalk purposes. The construction of sidewalks along Twin Dolphin and Pacific View can be deferred for construction in conjunction with the street improvements for both streets. The existing sidewalk along Pacific Coast Highway can remain until the permanent use of the parcel is to be constructed. (PW) f) Landscaping. Revised plans shall be submitted to and approved by the Public Works and Community Development Departments addressing provision of additional landscaping along the Twin Dolphin Drive street frontage. (Ping.) 14) Prior to final approval of the parking lot and site for outside activities, the following shall be accomplished: a) A Water Audit shall be completed and approved by the City Landscape Architect in accordance with the Water Efficient Landscape Requirements of the Municipal Code, Chapter 14.52. (PW) b) Prior to final inspection and approval, all landscaping and irrigation improvements shall be certified by the Landscape Architect of Record to be in conformance with the plans approved by the City Landscape Architect for the development. (PW) c) All landscaping and irrigation facilities shall be installed and a final approval granted by the City Landscape Architect. The final inspection shall be completed within twelve (12) months of improvement plan approval. (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS: THESE CODE REQUIREMENTS ARE PROVIDED AS INFORMATION. THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS APPLICABLE TO THIS PROJECT. 1) Conditional Use Permit No. 98-9 shall not become effective until the ten day appeal period has elapsed. 2) Conditional Use Permit No. 98-9 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 of 30 days prior to the expiration date. PC Minutes - 8/25/98 26 (98pcm825) 3) The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-9, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or -Municipal Code occurs. 4) All applicable Public Works fees shall be paid. (PW ) 5) Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6) An encroachment permit shall be required for all work within the right-of-way. (PW ) 7) A Certificate of Occupancy must be issued by the Department of Community Development. 8) Park and Recreation 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. B-5 CONDITIONAL USE PERMIT NO.98-39 (Moulin Rouge Restaurant - Live Entertainment): APPLICANT: Hanh To, Moulin Rouge Restaurant, 10142 Adams Avenue, Huntington Beach, CA 92646 LOCATION: 10142 Adams Avenue (Southeast corner of Adams and Brookhurst, Albertson's Center) PROJECT PLANNER: Joe Thompson Conditional Use Permit No. 98-39 represents a request to have live entertainment in conjunction with an existing restaurant. Live amplified music will be performed by no more than three persons from 6:00 PM to 12:00 AM Thursday through Sunday. Karaoke type entertainment will be provided from 3:00 PM to 10:00 PM Monday through Wednesday. The applicant would like to provide live entertainment to local residents and tourists and believes this use expansion will attract more patrons. PC Minutes - 8/25/98 27 (98pcm825) Staff has analyzed the request and believes that the live entertainment in conjunction with an existing restaurant use will be compatible with the existing and surrounding commercial uses and is adequately separated from residential uses. STAFF RECOMMENDATION: Staff recommended the Planning Commission approve Conditional Use Permit No. 98-39 with findings and suggested conditions of approval for the following reasons: The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity because the use will take place -in a commercially zoned area and is separated from the nearest residential uses by over 200 feet. • Dancing is not proposed at the site, therefore, no additional parking will be required. • The noise level of the proposed entertainment will be controlled through a sound system. • The proposed use complies with the Huntington Beach Zoning and Subdivision Ordinance and provisions of the General Plan. THE PUBLIC HEARING WAS OPENED. Dale Washington, representing the applicant, was present. He requested changes to the suggested conditions of approval to allow karaoke when there are breaks during the entertainment. He also questioned the time and day limitations recommended in the staff report. 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.98-39 AND HAVE THE APPLICANT WORK WITH THE POLICE DEPARTMENT REGARDING THE DAY AND TIME LIMITATIONS 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 - CONDITIONAL USE PERMIT NO.98-39: 1. Conditional Use Permit No. 98-39 for the establishment of live entertainment within an existing restaurant 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 because this use is consistent with the zoning designation of Commercial General; it is buffered from residential properties by commercial uses and structures and a major arterial roadway; and noise associated with live entertainment will be contained within the building and restricted to specific hours. PC Minutes - 8/25/98 28 (98pcm825) 2. The conditional use permit will be compatible with surrounding uses because; a) other commercial uses surround the project site including other restaurants and a movie theater; b) the closest residential use is over 175 feet away, and is, buffered by other commercial uses; and c) the expanded use will not generate significant noise impacts. 3. The proposed use 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. Commercial zoning allows live entertainment with approval of a Conditional Use Permit from the Planning Commission. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan; a. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. b. Goal LU 10: Achieve the development of a range of commercial use. c. Objective LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of the local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-39: 1. The site plan, floor plans and elevations received and dated May 26, 1998 shall be the conceptually approved layout. 2. The use shall comply with the following: a. All conditions of the Entertainment Permit. (PD) 3. Prior to submittal for building permits, the applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. Application for Fire Department permits shall include a layout and circulation plan which shall be approved by the Fire Department. (FD) 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. PC Minutes - 8/25/98 29 (98pcm825) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 98-39 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-39 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. 98-39, 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 Huntington Beach Zoning Subdivision Ordinance, Building Division, Fire Department, and the Huntington Beach Municipal Code, including Chapter 8.40, Noise Control 5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County Of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. B-6 CONDITIONAL USE PERMIT NO.98-54 (One -Eyed Parrot Deli and Java - Live Entertainment and Alcohol Sales): APPLICANT: Hanh To, Moulin Rouge Restaurant, 10142 Adams Avenue, LOCATION: 7862-B Warner Avenue (southwest corner of Warner Avenue and Beach Boulevard, Plaza Center) PROJECT PLANNER: Joe Thompson Conditional Use Permit No. 98-54 represents a request to have live entertainment in conjunction with an existing restaurant. Live music will be performed by a pianist and/or singer (2 persons maximum) from 9:00 PM to 11:00 PM on Thursdays, 8:00 PM to 12:00 AM Fridays and Saturdays and 4:00 PM to 8:00 PM on Sundays. In addition, customers are encouraged to play the restaurant's piano during regular business hours. The applicant would like to provide live entertainment to local residents and tourists and believes this use expansion will attract more patrons. The applicant is also requesting beer and wine sales within the restaurant. Staff has analyzed the request and believes that beer and wine sales and live entertainment in conjunction with an existing restaurant use will be compatible with the existing and surrounding commercial uses and is adequately separated from residential uses. PC Minutes - 8/25/98 30 (98pcm825) 1 STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 98-54 with findings and suggested conditions of approval for the following reasons: • The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity because the use will take place in a commercially zoned area, is buffered by other commercial uses and is separated from the nearest residential neighborhood by over 175 feet. • Dancing is not proposed at the site, therefore, no additional parking will be required. • The noise level of the proposed entertainment will be controlled through a sound system. • The proposed use complies with the Huntington Beach Zoning and Subdivision Ordinance and provisions of the General Plan. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO.98-54 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 - CONDITIONAL USE PERMIT NO.98-54: 1. Conditional Use Permit No. 98-54 for the establishment of beer and wine sales and live entertainment within an existing restaurant 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 because this use is consistent with the zoning designation of Commercial General; it is buffered from residential properties by commercial uses and structures and a major arterial roadway; and noise associated with live entertainment will be contained within the building and restricted to specific hours. 2. The conditional use permit will be compatible with surrounding uses because: a) other commercial uses surround the project site including other restaurants and a movie theater; b) the closest residential use is over 175 feet away and is buffered by other commercial uses; and c) the expanded use will not generate significant noise impacts. PC Minutes - 8/25/98 31 (98pcm825) 3. The proposed use 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. Commercial zoning allows live entertainment and alcohol beverage sales with approval of a Conditional Use Permit from the Planning Commission. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan; a. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. b. Goal LU 10: Achieve the development of a range of commercial use. c. Objective LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of the local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-54: The site plan, floor plans and elevations received and dated July 10, 1998 shall be the conceptually approved layout. 2. Prior to sale of any alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) License along with any special conditions imposed by the ABC shall be submitted to the Department of Community Development for inclusion in the entitlement file 3. The use shall comply with the following: a. All conditions of the Alcoholic Beverage License. b. All conditions of the Entertainment Permit. (PD) 4. Prior to submittal for building permits, the applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. Application for Fire Department permits shall include a layout and circulation plan which shall be approved by the Fire Department. (FD) 5. 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 - 8/25/98 32 (98p=825) 1 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-54 shall not become_ effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-54 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. 98-54, 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 Huntington Beach Zoning Subdivision Ordinance, Building Division, Fire Department, and the Huntington Beach Municipal Code, including Chapter 8.40, Noise Control 5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County Of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED AUGUST 11,1998 A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 11,1998, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS None PC Minutes - 8/25/98 33 (98pcm825) E-2 PLANNING COMMISSION INOUIRIES/COMMENTS C 1 None F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING None F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING None G. ADJOURNMENT —Adjourn to the September 9,1998 meeting. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO ADJOURN TO A 5:30 PM STUDY SESSION ON SEPTEMBER 9,1998, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APP OVED BY: o and Zelef , S cret18 Planning C mmis ion Chai rson PC Minutes - 8/25/98 34 (98pcm825)