HomeMy WebLinkAbout1998-11-10MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, NOVEMBER 10,1998
STUDY SESSION — 5:30 PM
(Room B-8)
HB MALL SPECIFIC PLAN/CUP (5:30 — 6:00 PM) — Jane Madera
AGENDA REVIEW — (6:OOPM — 6:15 PM) — Scott Hess
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
P P P P P P P
ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
AGENDA APPROVAL
Anyone wishing to speak must fill out and submit a form to speak No action can 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.98-6 (TAXI'S TAVERN)
(CONTINUED FROM THE OCTOBER 27,1998 MEETING):
APPLICANT: Emil Varona
LOCATION: 318 Main Street (northwest of Main Street and Olive Avenue)
PROJECT
PLANNER: Peter Vanek
Entitlement Plan Amendment No. 98-6 is a request by Mr. Emil Varona to increase the number
of live performers permitted in an existing restaurant and bar. Conditional Use Permit No. 90-32
limited the number of live performers to two (2). The applicant would like to increase the
number of live performers to six (6) in an effort to provide a more diverse mix of live
entertainment to the local residents and tourists. The applicant originally requested that dancing
be permitted as a part of this request, but has since withdrawn that request.
This item was originally continued from the October 13, 1998 meeting to the October 27, 1998
meeting to allow the Police Department the opportunity to respond to several inquiries from the
Planning Commission regarding the operating characteristics of the existing establishment. At
the Planning Commission meeting of October 13, 1998, 13 people spoke in support of the
project, while three (3) spoke against it. It was continued to November 10, 1998 due to the
number and complexity of the items scheduled on the October 27, 1998 meeting.
The Police Department has provided a written response to the questions posed by the Planning
Commission at the October 13, 1998 meeting. In addition, a Police Department representative
was in attendance at the meeting to respond to the Planning Commission's inquiries. Those
inquiries included the following: 1) How many noise complaints were received by the Police
Department about the subject business?; 2) How is security handled at the establishment?; 3)
How the condition regarding the music being audible beyond a distance of 50 feet from the
business is enforced?; and; 4) What type of Police response resulted from the complaints
regarding loud music at the business? The Police Department does not oppose the increase in the
number of musicians.
The nearest existing residential use is located approximately 200 feet to the east, on the east side
of Third Street. At the completion of the Plaza Almeria project, the nearest residential unit will
be located directly across Main Street on the third floor, approximately 80 feet from the existing
restaurant/bar. However, it is important to note that these individuals will be required to sign a
waiver that proclaims that they understand that they will be moving into a mixed use project,
with possible uses such as restaurants, live entertainment, and alcohol sales on the ground floor
of the building. The downtown area is a mixed use area and does contain eating and drinking
establishments with live entertainment.
1
PC Minutes — 11/10/98 2 (98PC1110)
ri
In addition, the Police Department has recommended that a condition be included which restricts
noise emanating from the entertainment to not be audible beyond 50 feet from the exterior of the
business in any direction. As such, it is not anticipated that the increase in the number of
musicians on site will increase the noise level from the business to the neighboring residential
uses.
STAFF RECOMMENDATION;
Staff recommends the Planning Commission approve Entitlement Plan Amendment No. 98-6 for
the following reasons:
• The proposed change complies with the provisions of the Downtown Specific Plan, District
No. 5.
• The increased number of performers will not increase the parking demand on site.
• Since the approval of the original conditional use permit, the restaurant/bar has been
expanded to accommodate a larger audience and more than two live performers.
• Increasing the number of performers will not increase the noise level, which is regulated by a
central sound system.
Commissioner Tillotson stated that she would be abstaining from taking action on this item due to
a conflict of interest.
THE PUBLIC HEARING WAS CLOSED AT THE OCTOBER 27,1998 MEETING AND
WAS NOT RE -OPENED,
The Commission discussed the amplification restrictions and options to ensure that the doors
remain closed at all times. The Commission stated that they would like to have references to
amplified music deleted from the conditions of approval and review the use for any noise
complaints at the same time as a review of the entertainment permit is required.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO APPROVE
ENTITLEMENT PLAN AMENDMENT NO.98-6 WITH FINDINGS AND SUGGESTED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: None
ABSTAIN: Tillotson
MOTION PASSED
PC Minutes—11/10/98 3 (98PC1110)
FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.98-6:
Entitlement Plan Amendment No. 98-6 to modify a condition of approval of Conditional Use
Permit No. 90-32 to allow for an increase in the number of permitted live performers, from
two (2) to six (6) 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 increase in the number of live performers will not generate significant
noise or traffic impacts and is consistent with the Mixed Use land use designation and is in
compliance with the provisions of the Downtown Specific Plan.
2. The entitlement plan amendment will be compatible with surrounding uses because the
existing restaurantibar is buffered from neighboring residential uses by more than 200 feet
and is bordered by commercial and office uses with non -conflicting hours of operation.
3. The proposed increase in the number of live performers 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 as conditioned.
4. The granting of the entitlement plan amendment will not adversely affect the General Plan.
It is consistent with the Land Use Element designation of Mixed Use on the subject property.
In addition, it is consistent with the following goals and policies of the General Plan:
a. Goal LU 11: Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services and entertainment and reduce the need for
automobile use.
b. Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability,
while maintaining the City's environmental resources and scale and character.
FINDING FOR PROJECT 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 15301 of the CEQA Guidelines, because the additional performers
constitutes a minor alteration to an existing use.
CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.98-6:
1. The site plan, floor plans, and elevations received and dated July 17, 1998 shall be the
conceptually approved layout.
2. The conditions of approval contained herein shall supercede all conditions of approval of
Conditional Use Permit No. 90-32.
PC Minutes—11/10/98 4 (98PC1110)
3. Prior to commencing live entertainment activities, a copy of an approved Entertainment
Permit, as issued by the Business License Department, shall be submitted to the Department
of Community Development.
4. The use shall comply with the following:
a. All conditions of the Entertainment Permit which pertains to all types of music, amplified
and non -amplified. (PD)
b. All conditions of the Alcoholic Beverage License.
c. The live entertainment shall not be audible beyond 50 feet from the exterior of the
business in any direction. (PD)
d. The live entertainment shall comply with Chapter 8.40 "Noise" of the Huntington Beach
Municipal Code. Should complaints be received regarding noise generated by the live
entertainment, the Planning Commission reserves the right to require the applicant to
mitigate the noise level.
e. The primary use of the building shall be dining and the sale of food and beverages. Live
entertainment shall be a secondary use.
5. A review of the use shall be conducted by the Staff 30 days before July 1, 1999 to coincide
with review of the Entertainment Permit to verify compliance with all conditions of approval
and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance.
6. This entitlement plan amendment shall not become effective for any purpose until an
"Acceptance of Conditions" form has been properly executed by the applicant and an
authorized representative of the owner of the property and returned to the Planning Division.
7. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Planning
Commission's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Planning Commission may
be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Entitlement Plan Amendment No. 98-6 shall not become effective until the ten day appeal
period has elapsed.
PC Minutes — 11/10/98 5 (98PC1110)
2. Entitlement Plan Amendment No. 98-6 shall become null and void unless exercised within
one year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No.
98-6, 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. All signs shall conform to the HBZSO, the Downtown Specific Plan and the Downtown
Design Guidelines. Prior to installing any new signs, or changing sign faces, a building
permit shall be obtained from the Department of Community Development.
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.
B-2 CONDITIONAL USE PERMIT NO.98-10 (SEABRIDGE CENTER ANIMAL
HOSPITAL) (CONTINUED FROM THE SEPTEMBER 9, 1998 MEETING):
APPLICANT: Mark Keller
LOCATION: 20032 Beach Boulevard (southeast corner at Adams Avenue, in the
Seabridge Commercial Center)
PROJECT
PLANNER: Ricky Ramos
This application was continued from the July 28, August 25, and September 9, 1998 Planning
Commission meetings to allow the applicant the opportunity 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 have been submitted and are attached to the report.
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 and to allow
compact parking. Dr. Naito currently operates an animal hospital in a suite at the adjacent office
building to the east and would like to relocate 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. To address the concern of late night use of
the project's parking area adjacent to the residences, the applicant is proposing to install a gate
which will be closed after the hospital's business hours.
PC Minutes — 11/10/98 6 (98PC1110)
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use Permit No .98-10 for the following reasons:
• It will further several General Plan goals and policies pertaining to: accommodating new
development in accordance with the Land Use and Density Schedules; providing for the
inclusion of service uses that support resident needs within residential neighborhoods;
requiring commercial buildings and sites to achieve a high level of architectural and site
layout quality; and adequately protecting residential uses from the excessive or incompatible
impacts of noise, light, vehicular traffic, visual character and operational hazards from
abutting commercial projects.
• The use will be compatible with the area because it is required to be conducted primarily
within the building. Hours of operation will be during the day. Noise levels from the use
will be required to comply with the City noise standards.
• The project will be further buffered by setbacks, landscaping, and an existing high block wall
along the south property line. Lighting is required to be designed to prevent glare and
spillage onto neighbors.
• The gate will secure the rear parking area at night to avoid impacting the neighbors without
reducing the amount of parking presently available to the rest of the commercial center.
• The proposed compact parking spaces provide a more effective parking layout while
allowing space for the gate to be installed.
• The architecture, massing, and exterior materials have been reviewed and modified by the
Design Review Board to enhance compatibility with the area.
The Commission asked staff if overnight storage of animals will only occur during emergencies,
what would constitute an emergency and if there is boarding occurring. Staff stated that the
applicant could address this issue.. The Commission also asked staff what the maximum length of
stay would be and what provisions have been made for animal and urination and feces clean up.
Staff stated that the maximum length of stay would be 30 days per code requirement and a
condition had been placed in the conditions of approval requiring regular clean up of dog urination
and feces.
THE PUBLIC HEARING WAS OPENED.
Mark Keller, architect, stated that they concurred with staff s report and was available to answer
questions.
Alison Naito, 20032 Beach Boulevard, applicant, stated that this new building will allow the
hospital to have their own entrance and parking nearer closer.
Robert H. Doss, 8148 Centerstone, submitted a letter to the Commission, and stated that at the
current hospital there is early morning barking, the use is used for boarding purposes, the dog
urination and feces is not regularly cleaned up. He stated that if the use is approved conditions
should be placed on the project that would oversee these problems.
PC Minutes — 11/10/98 7 (98PC1110)
Karen Avramidis, 8192 Centerstone drive, Centerstone at Seabridge Homeowners Association,
adjacent resident to the proposed project spoke in opposition to the request. She stated that
additional noise will be generated by the proposed use and the animal urine and feces is not I
regularly cleaned up at the existing hospital.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission asked the applicant what she proposed to do for animal waste clean up. The
applicant stated that she has a maintenance worker to clean up the animal waste. The Commission
discussed soundproofing the side windows adjacent to residential, the dog walk area and that the
gate closure is changed to 7:00 PM to 7:30 AM.
A MOTION WAS MADE BY TILLOTSON, SECONDED BY INGLEE, TO APPROVE
CONDITIONAL USE PERMIT NO.98-10 WITH FINDINGS AND SUGGESTED
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.98-10:
1. Conditional Use Permit No. 98-10 for the establishment, maintenance and operation of a
newly constructed 4,600 square foot animal hospital, the parking area gate, and 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.
a. The project will be buffered by setbacks, landscaping, and an existing block wall over
eight feet in height along the south property line. Lighting will be designed to prevent
glare and spillage onto adjacent properties.
b. The architecture, massing, and exterior materials have been reviewed and modified by the
Design Review Board to enhance compatibility with the area.
c. The animal hospital will provide a service to the general area.
d. The proposed gate will prohibit nighttime use of the new rear parking area and impacting
the neighbors without reducing the amount of parking currently available to existing
center. The gate will not be used during the day making the entire parking area available
when all the businesses in the center are open.
PC Minutes — 11/10/98 8 (98PC1110)
J
I
e. The compact spaces provide space for the gate while maintaining an effective parking
layout.
2. The conditional use permit will be compatible with surrounding uses because the use will be
conducted primarily within the building. Hours of operation will be during the day from 8
a.m. to 6 p.m. A noise analysis will be required to ensure that noise levels from the use will
comply with the City noise standards.
3. The proposed animal hospital and parking area gate 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 meets or exceeds minimum development
requirements, including but not limited to, parking, landscaping, setbacks, and building
height.
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 Mixed Use 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 and
service uses that support resident needs within residential neighborhoods.
c. LU 10.1.4 — Require that commercial buildings and sites be designed to achieve a high
level of architectural and site layout quality.
d. LU 10.1.6 —Require that commercial projects abutting residential properties adequately
protect the residential use from the excessive or incompatible impacts of noise, light,
vehicular traffic, visual character and operational hazards.
FINDING FOR PROJECT 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 small structure.
PC Minutes — 11/10/98
(98PC 1110)
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-10:
1. The site plan received and dated October 19, 1998 and floor plans and elevations received
and dated June 5, 1998 shall be the conceptually approved layout with the following
modifications:
a. Building elevations shall depict colors and building materials as approved by the Design
Review Board. The architecture of the north and west building elevations shall be
modified to provide additional visual interest through the use of low planters, windows,
or building offsets. (DRB)
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. Stall no. 7 shall be widened to
12 feet. Provide 26-foot back up distance per code for the handicap stall. (Code
Requirement)
Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of 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)
e. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
f. If outdoor lighting is included, energy saving lamps shall be used and light standards
shall not exceed 15 feet in height. All outside lighting shall be directed to prevent
"spillage" or glare onto adjacent properties and shall be shown on the site plan and
elevations. (Code Requirement)(DRB)
g. Relocate the trash enclosure to the approval of Rainbow Disposal and the Community
Development Department.
h. Provide a minimum 7 foot wide landscape planter (interior dimension) along the south
property line to allow a 2-foot vehicle overhang. (Code Requirement)
PC Minutes — 11/10/98 10 (98PC1110)
i. Provide step off areas per HBZSO Section 232.08. (Code Requirement)
j.
Reduce the width of parking spaces 8 and 21, and the turn around space to the minimum
requirement of nine (9) feet and increase the width of the planter at the west dead end
correspondingly.
k.
All windows on the south elevation shall be soundproofed.
2. Prior
to submittal for building permits, the following shall be completed:
a.
Zoning entitlement conditions of approval shall be printed verbatim on the second page
of all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b.
The applicant shall submit an application for a lot line adjustment to allow parking spaces
8 and 9, and the turn around area to be located within the project parcel unless the owner
of the abutting property declines to participate.
c.
The applicant shall submit a description and quantity of medical gases to determine
structural and Fire Department requirements. (FD).
d.
The applicant shall submit an acoustical analysis report prepared by an acoustical
engineer or professional indicating how the project will be soundproofed to comply with
Chapter 8.40 (Noise Control) of the Huntington Beach Municipal Code. All
recommendations in the acoustical analysis shall be complied with by the applicant to the
approval of the Community Development Department.
e.
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)
f. The applicant shall submit plans for the installation of air conditioning for the building.
(Code Requirement)
3. The following shall be completed concurrently with grading plan submittal: (PW)
a. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis
shall include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, recompaction, overexcavation, import of soil, chemical
and fill properties, foundations, retaining walls, streets, and utilities. In addition, the
report shall include a liquefaction analysis to determine what mitigation, if any, is
required as defined in Public Resources Code Section 2693(c).
PC Minutes — 11/10/98 11 (98PC1110)
b. Submit a geologic report prepared by a geologist registered in the State of California
which is directed to the problem of potential surface fault displacement through the
project site. This report shall be based on a geologic investigation designed to identify
the location, recency, and nature of faulting that may have affected the project site in the
past and may affect the project site in the future. (Alquist-Priolo Earthquake Fault
Zoning Act)
c. 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.
d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer and submitted with the grading plans.
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PW)
c. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Community Development. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State
Licensed Landscape Architect which identifies the location, type, size and quantity of all
existing plant materials to remain, existing plant materials to be removed and proposed
plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the
entitlement conditions of approval.
The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that
must be removed shall be replaced at a two to one ratio (2:1) with minimum 36-inch box
trees and shall be incorporated into the project's landscape plan. 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)
d. The developer shall submit a composite utility plan showing water system
improvements, and all other underground utilities to the proposed structure. The plan
shall include travelway locations and identify irrigation areas, including stationed service
connections for water and sewer to the proposed building, public and private fire hydrant,
valves, backflow devices and other appurtenances in accordance with applicable U.P.C.,
City ordinances, Public Works Standards and Water Division design criteria. This plan
shall be approved by the Public Works Water Division prior to any construction. (PW)
PC Minutes—11/10/98 12 (98PC1110)
e. The developer shall design and construct the drainage system, as required by the Public
Works Department to serve the development. On -site drainage shall be not be directed to
adjacent properties, but shall be directed to a public system. (PW)
f. The subject property shall submit proof of or enter into an irrevocable reciprocal
driveway and parking easement, between the subject site and the properties in the
commercial center. The owner shall be responsible for making necessary improvements
to implement the reciprocal driveway. 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 prior to issuance of a Certificate
of Occupancy. (Code Requirement)
g. Soil remediation work within and around the City's public water lines shall meet the City
of Huntington Beach requirements and standards as directed by the City's Fire
Department. Special materials (nitrile gaskets, NBR gaskets in all water main
installations and copper type "K" tubing for all water services) shall be required for any
public water system improvements located in an area containing greater than 20 ppm
volatile organic compounds (VOCs).(PW)
h. An interim parking and building materials storage plan shall be submitted to the
Department of Community Development to assure adequate parking and restroom
facilities are available for employees, customers and contractors during the project's
construction phase and that adjacent properties will not be impacted by their location.
The applicant shall obtain any necessary encroachment permits from the Department of
Public Works.
5. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site;
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
6. Prior to final building permit inspection and commencement of the use, the following shall
be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Department of Community Development.
PC Minutes—11/10/98 13 (98PC1110)
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.
e. The project will comply with all provisions of the Huntington Beach Fire Code and City
Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration.
(FD)
f. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429 for new construction within the methane gas
overlay districts. (FD)
g. Backflow protection is required and shall be installed per the Huntington Beach Water
Division Standard Plans for irrigation and fire suppression water services. All backflow
prevention devices shall be painted to match surrounding aesthetics, and be screened
from view to the satisfaction of the City of Huntington Beach Fire Department,
Landscape Architect, and Water Division. The markings indicating the size, model
number and serial number shall be affixed to the body of the backflow device and must
remain visible after painting. (PW)
h. The proposed building shall have a separate domestic service. The domestic water
service size shall be per building code requirements. (PW)
i. All water systems constructed within the City of Huntington Beach shall be designed,
installed and inspected to meet minimum requirements of the City Water Division. (PW)
j. All landscaping irrigation and planting installation shall be certified to be in conformance
to the City approved landscape plans by the Landscape Architect of record in written
form to the City Landscape Architect. (PW)
k. All new utilities shall be installed underground per Huntington Beach Municipal Code
17.64.050. All existing above ground utilities shall be relocated underground per
Huntington Beach Municipal Ordinance 255.04G2. (PW)
1. Parking lot lighting shall be relocated as needed. (PW)
in. A new 6 inch VCP sewer lateral shall be built to join the on -site sewer main. (PW)
n. Submit to the Planning Department a copy of the recorded irrevocable reciprocal
driveway and parking easement between the subject site and the properties in the
commercial center.
PC Minutes — 11/10/98 14 (98PC1110)
1
o. Obtain a building permit for and install the gate for the rear parking area in compliance
with Fire Department Specification No. 403.
7. The use shall comply with the following:
a. Temporary boarding of animals (maximum 30 days) is allowed only if incidental to the
hospital use. (Code Requirement)
b. The staff of the animal hospital shall clean up after the animals that are taken outside and
all landscaping and hospital grounds shall be permanently maintained in a neat and clean
manner.
c. Service roads and fire access lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
d. Service roads and fire access lanes shall be maintained. If fire lane violations occur and
the services of the Fire Department are required, the applicant will be liable for expenses
incurred. (FD)
e. Animals shall be walked only on the grassy areas on the north and west sides of the
animal hospital building.
f. The parking lot gate shall be closed from 7:00 P.M. to 7:30 A.M. everyday.
8. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Planning
Commission's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Planning Commission may
be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 98-10 shall not become effective until the ten day appeal
period has elapsed.
2. Conditional Use Permit No. 98-10 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. 98-10,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
PC Minutes—11/10/98 15 (98PC1110)
4. All applicable Public Works 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)
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
prior to occupying the building.
8. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
10. 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-3 GENERAL PLAN AMENDMENT NO.98-5 (HOUSING ELEMENT UPDATE):
APPLICANT: City of Huntington Beach
LOCATION: City-wide
PROJECT
PLANNER: Mary Beth Broeren
General Plan Amendment No. 98-5 is requested to update the General Plan Housing Element.
The Housing Element is a mandatory component of the City's General Plan, and State law
requires that local governments update their housing elements at five-year intervals. The
amendment is also necessary to make the Housing Element consistent with the updated General
Plan adopted in May 1996.
The City's existing Housing Element was last comprehensively updated in 1989 for the five year
period from July 1, 1989 to June 30, 1994. The updated Housing Element extends the planning
period to June 30, 1999. The document has been reviewed by the Ad Hoc Housing Element
Committee and by the State Department of Housing and Community Development. The State
has indicated preliminary approval of the document as written.
PC Minutes—11/10/98 16 (98PC1110)
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve the updated Housing Element and forward
it to the City Council for adoption. Upon final action by the City Council, the document will be
sent to the State Department of Housing and Community Development for a final 120 review
period. Staff recommends the Planning Commission approve the updated Housing Element for
the following reasons:
• The updated Housing Element is consistent with the General Plan and State law
requirements.
• The Housing Element identifies specific programs to address the community's housing
needs, including adequate site provision, affordable housing and equal opportunity.
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 SPEAKER, SECONDED BY BIDDLE, TO APPROVE
GENERAL PLAN AMENDMENT NO.98-5 AND FORWARD TO THE CITY COUNCIL
FOR ADOPTION, BY THE FOLLOWING VOTE:
AYES:
Inglee, Chapman,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Tillotson, Livengood, Kerins, Biddle, Speaker
C. CONSENT CALENDAR
None
D. NON-PUBLIC HEARING ITEMS
D-1 ENTITLEMENT PLAN AMENDMENT NO.98-10 (LENNAR HOMES AT THE
BLUFFS):
APPLICANT: Lennar Homes of California
LOCATION: Northwest corner of Garfield Avenue and Edwards Street
PROJECT
PLANNER: Peter Vanek
PC Minutes—11/10/98 - 17 (98PC1110)
Entitlement Plan Amendment No. 98-10 represents a request by Lennar Homes of California to
amend the previously approved site plan, floor plans, model home complex plan and elevations
of 59 units within a single family residential subdivision named Evansport at The Bluffs
(previously called The Bluffs). The revision consists of revised setbacks and three new house
plans. The floor area of each new product type is generally consistent with those of the
previously approved product types. The proposed amendment does not involve revising the
approved tract map, lot lines, or street sections.
STAFF RECOMMENDATION:
Staff has administratively approved the applicant's request with conditions that include minor
modifications to the site plan, floor plans and the model home complex plan. Staff finds that the
revised project does not constitute a substantial change from the originally approved project, and
that the revision will result in an improved project with more functional floor plans. Staff
recommends the Planning Commission concur with staff s conditional approval and receive and
file Entitlement Plan Amendment No. 98-10.
A MOTION WAS MADE BY BIDDLE, SECONDED BY TILLOTSON, TO RECEIVE
AND FILE ENTITLEMENT PLAN AMENDMENT NO.98-10, BY THE FOLLOWING
VOTE:
AYES:
Inglee, Chapman,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Tillotson, Livengood, Kerins, Biddle, Speaker
FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.98-10•
1. Entitlement Plan Amendment No. 98-10 for revisions to the previously approved site plan,
floor plans and elevations of Tentative Tract No. 14355, Conditional Use Permit No. 98-12,
Coastal Development Permit No. 98-8 and Temporary Use Permit No. 98-1 in order to reflect
a specific product by Lennar Homes of California, will not be detrimental to the general
welfare of persons working or residing in the vicinity or detrimental to the value of the
property and improvements in the neighborhood. The project does not propose any change
in lot configuration, density or circulation. With the conditions imposed, the proposed units
will be architecturally consistent with those previously approved for the project. The revised
project will be compatible with surrounding residential uses and with Linear Park in terms of
use, density, building height and bulk.
2. The proposed revisions to the site plan, floor plans and elevations will comply with the
provisions of the base district and other applicable provisions in the Huntington Beach
Ordinance Code and any specific condition required for the proposed use in the district in
which it would be located. The revised project will comply with the setback, parking and
height requirements for the district.
PC Minutes—11/10/98 18 (98PC1110)
3. The granting of the entitlement plan amendment will not adversely affect the General Plan.
It is consistent with the Land Use Element designation of Residential Low Density on the
subject property. In addition, it is consistent with the General Plan of providing a mix of
housing types throughout the City.
CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.98-10:
1. The site plan, floor plans, model home complex plan and elevations dated received October
30, 1998, shall be the conceptually approved layout with the following conditions:
a. The rear setback on lots 1, 31 and 72 shall reflect a minimum distance of fifteen (15) feet
to the second story balcony and twenty (20) feet to the dwelling.
b. Each required and designated garage parking space shall maintain a minimum 9 ft. wide
by 19 ft. deep interior dimension. No obstructions shall encroach into the designated
stalls including water heaters and doors which open into the garage. (Code
Requirement)
c. The drive aisle on the proposed model home complex parking lot shall be increased to a
minimum of 26 feet.
d. There shall be a maximum of four promotional flags permitted in conjunction with the
model home complex.
e. The wall and fencing plan shall be modified to include the proposed colors and materials
of the property line walls and fences.
f. The roof pitch shall be a minimum of 5:12 on all product types. (Code Requirement)
2. All conditions of approval on Tentative Tract No. 14355, Conditional Use Permit No. 98-12,
Coastal Development Permit No. 98-8 and Temporary Use Permit No. 98-1 shall remain in
effect, with the exception of Condition No. 1 on all applications.
3. Prior to submittal for building permits, all conditions of approval applicable to this project
shall be printed verbatim on the second page of all the working drawing sets used for
issuance of building permits (architectural, structural, electrical, mechanical and plumbing).
4. Prior to submittal for building permits, the applicant shall submit information detailing the
options (if any) to be constructed on the Plan 200 product type for the following lots: 8, 11,
21, 36, 37, 68, 70, 72, 74, 78 and 80. In the event that any of the aforementioned lots will
include five bedrooms or more, the driveway option as shown on the technical site plan shall
be implemented on that lot.
5. Prior to final building permit inspection and approval of the first residential unit, the
following shall be completed:
a. Design and install Edison -owned street lights per City Standards on all project roadways.
PC Minutes—11/10/98 19 (98PC1110)
b. Design and install signing and striping on all project roadways per City of Huntington
Beach Signing and Striping Plan Preparation Guidelines.
c. Relocate any street lights, water meters or other street furniture as necessary.
d. Water meters shall be located per City of Huntington Beach Water Division Standards,
and shall not be located in the driveways. If the existing water services in this
development would result in meters located in driveways, the services and/or meters shall
be relocated at the developer's expense.
6. The Planning Director ensures that all conditions of approval herein are complied with. The
Planning 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 Planning Director has reviewed and approved the proposed changes for
conformance with the intent of the Planning Commission's action and the conditions herein.
If the proposed changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Planning Commission may be required pursuant to the HBZSO.
E.
E-1
E-2
PLANNING COMMISSION ITEMS
PLANNING COMMISSION COMMITTEE REPORTS
None
PLANNING COMMISSION INOUIRIES/COMMENTS
Commissioner Livengood — requested that staff review the development processing times
in the surrounding communities as mentioned in the draft Housing Element on Page II-48,
particularly in the area of Site Plan Review.
Commissioner Kerins — stated that public testimony this evening had indicated there
have been 99 violations in the last three months that occurred at the Tap House and no
action has been taken to remedy the situation. He asked staff to investigate and report
back to the Commission: He also stated that there is an illegal sign at the same location.
Commissioner Sneaker — stated his concern that it takes six and one half (6 %Z) months to
have a sign that is within code requirements go through the process of Design Review
Board approval. He stated that he had spoken with Mr. Frank, a sign company
representative, who indicated that other cities gave applicants time frame schedules.
Staff stated they would review his research and report back.
:1
1
J
PC Minutes — 11/10/98 20 (98PC1110)
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefsky, Planning Director — stated there were no Planning Department items
at the last City Council meeting and reviewed items for the November 16, 1998 meeting.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner — stated there would be a special Planning Commission
Study Session on November 17, 1998, held at the Huntington Beach Mall. Mr. Hess
discussed items for the November 17 and November 24, 1998 meetings.
G. ADJOURNMENT —Adjourn to the November 17, 1998 special Study Session and
then to the regularly scheduled November 24, 1998 Planning Commission meeting.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO ADJOURN
TO A SPECIAL 5:45 PM STUDY SESSION AT THE HUNTINGTON BEACH MALL
ON NOVEMBER 17,1998, AND THEN TO THE REGULARLY SCHEDULED
PLANNING COMMISSION MEETING AT 7:00 PM ON NOVEMBER 24, 1998, BY THE
FOLLOWING VOTE:
AYES:
Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
NOES:
ABSENT:
None
None
ABSTAIN:
None
MOTION PASSED
/kjl
APPROVED BY:
Ho aid zelefskisecrKtary
PC Minutes—11/10/98 21 (98PC1110)