HomeMy WebLinkAbout1998-11-24MINUTES
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HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, NOVEMBER 24,1998
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION — 5:30 PM
(Room B-8)
MEADOWLARK TENTATIVE TRACT MAP/CUP (5.30 — 6.00 PM —Amy Wodfe
AGENDA REVIEW (6:OOPM — 6:15 PM) — Scott Hess
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P A P A P P P
ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
AGENDA APPROVAL — Item B-2 was moved to the front of the agenda. Please note the
minutes will reflect actions taken in their originally scheduled order.
Anyone wishing to speak must fill out and submit a form to spear No action can betaken by the Planning Commission on
this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing
items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited
to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)
A. ORAL COMMUNICATIONS
NONE
B. PUBLIC HEARING ITEMS
B-1 TENTATIVE TRACT MAP NO. 15728/CONDITIONAL USE PERMIT NO.98-52
iGREENBRIAR),
APPLICANT: PLC Land Company
LOCATION: Southeast corner of Garfield Avenue and Peninsula Lane
PROJECT
PLANNER: Ricky Ramos
Tentative Tract Map No. 15728 and Conditional Use Permit No. 98-52 represent a request by
PLC Land Company to subdivide a vacant 19.6 acre site for the construction of 70 detached
singl e lfau ly units. Greenbriar is an extension of the St. Augustine development to the west with
similar house plans and comparable lot sizes. It complies with the General Plan Land Use
designation of Residential Low Density as well as with the Holly-Seacliff Specific Plan. Project
density is 3.6 units per gross acre. Lot size, frontage, and configuration comply with code.
Greenbriar will be a gated community with primary access off Summit Drive and secondary
access off Saddleback Lane. The subdivision includes the dedication of 2.2 acres of public park
and pedestrian paseo. The development will also have 2.1 acres of private recreation and open
space. The proposed homes range in size from 1,780 to 2,730 square feet and meet all
development standards. The project will be developed with a Z-lot concept in which use
easements are granted to adjacent property owners to provide wider side yards. The site will be
graded to be compatible with the surrounding topography. A six foot high perimeter tract wall is
proposed, with the height increasing to eight feet along Garfield Avenue for greater noise
attenuation. The development as proposed and modified by the recommended conditions of
approval will not be detrimental to the area and its residents.
STAFF RECOMMENDATION:
Staff recommends approval of the project based on the following:
• It is consistent with the goals and objectives of the General Plan and meets or exceeds the
development standards in the Holly-Seacliff Specific Plan.
• It is compatible with the existing development in the area.
• The project will have an appealing streetscape through the incorporation of varied front
elevations and setbacks, and the use of three plan types with distinct elevation treatments.
• It properly adapts with the surrounding terrain and is physically suitable for the subject site.
• It will comply with the mitigation measures identified in the Environmental Impact Report
No. 89-1.
♦ romise public safety nor detract from the visual character of
The gated access will not comp
the project.
• The proposed eight foot high perimeter wall along Garfield Avenue will provide additional
noise attenuation.
• g wall combinations proposed will include adequate
The exterior side yard wall/retainin
setback for visual mitigation.
THE PUBLIC HEARING WAS OPENED.
Bill Holman, 23 Corporate Plaza, #250, Newport Beach, representing applicant, stated that the
proposed request is consistent with the goals and objectives of the General Plan. He stated that
the development will have 2.1 acres of private recreation and open space, the dedication of 2.2
acres of public park and pedestrian paseo and the pedestrian paseo will provide linkage to the
commercial center and school. Mr. Holman also stated that the proposed eight foot high
perimeter wall along Garfield Avenue will provide additional noise attenuation and the guest
parking is proposed to be twice that required by code. Mr. Holman urged the Commission to
approve the request.
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PC Minutes — 11/24/9 8
2 (98PC 1124)
Karen Jackle, 6702 Lawn Haven Drive, Huntington Seacliff Homeowners Association, stated
concern regarding the proposed pocket parking on Summit Drive creating dangerous traffic
situations. She also suggested that the project and the proposed park should not be approved
until the Planning Commission reviews that neighboring Montecito project.
Mark Billes, 6796 Turf Drive, Hamptons, Homeowners Association, stated concern regarding
the expansion of the commercial area and the 24 hour operation of the commercial uses. Mr.
Billes stated that their five (5) foot high walls are not adequate to shield the extra light and noise
the commercial center will create.
Bruce Powers, 7452 Talbert Avenue, FANS, spoke in support of the request stated that it
complies with zoning requirements and the goals and objectives of the General Plan.
Connie Warbrick, 7351 Coho, #208, FANS, spoke in support of the request stating the proposed
project.
Jim Larkin, 21332 Breton Lane, FANS, spoke in support of the request stating the proposed
project would be an asset to the community.
John Roe, 19382 Surfdale Lane, Huntington Seacliff Homeowners Association, stated that the
Commission should consider conditions the request so that when the Montecito project is review
by the Commission, they will have the flexibility to change the park and parking if necessary.
Lou Mammone, 19821 Ocean Bluff, Huntington Seacliff Homeowners Association, spoke, in
opposition to the proposed pocket parking. He suggested that the parking remain within the park
boundaries.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed pocket parking qnd asked staff to respond to the speal er's concerns.
Staff stated that the Public Works Department feels that the pocket parking is safe as there is
adequate site distance visibility. The Commission requested that the conditions of approval be
amended to reflect that the paseo as well as the public park site be dedicated to the City of
Huntington Beach.
A MOTION WAS MADE BY SPEAKER, SECONDED BY INGLEE, TO APPROVE
TENTATIVE TRACT MAP NO.15728 AND CONDITIONAL USE PERMIT NO.98-52
WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Kerins, Biddle, Speaker
NOES:
None
ABSENT:
Chapman, Livengood
ABSTAIN:
None
MOTION PASSED
PC Minutes—11/24/98 3 (98PC1124)
FINDINGS FOR APPROVAL - TENTATIVE MAP NO.15728:
Tentative Tract Map No. 15728 for the subdivision of 19.6 gross acres for the purpose of a
70-unit residential subdivision and creation of a public park and pedestrian paseo is
consistent with the General Plan Land Use Element designation of Residential Low Density
on the subject property and any applicable specific plan, and other applicable provisions of
this Code. Single family developments and parks are permitted uses.
2. The site is physically suitable for the type and density of development at 3.6 units per gross
acre. The site was previously studied for greater intensity of land use (five units per acre) at
the time the General Plan land use designation and the Holly-Seacliff Specific Plan zoning
were adopted for the property. The size, depth, frontage, street width and other design
features of the proposed subdivision are in compliance with the Specific Plan.
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. The project site was previously evaluated in Environmental Impact
Report No. 89-1 and will comply with appropriate mitigation measures.
4. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. The
subdivision will provide all necessary easements and will not affect any existing easements.
The City currently has utility easements between Garfield and Summit which will be
preserved in the public paseo.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-52:
1. Conditional Use Permit No. 98-52 for the establishment, maintenance and operation of the 70
single family homes, gated access, eight (8) foot high perimeter wall along Garfield in lieu of
a maximum of six (6) feet, and retaining walls over two (2) feet in height (up to three feet)
for lots 13, 14, and 21 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:
a. The project is consistent with the character of the development in the area.
b. The gated access will enhance the image of the development without compromising
safety.
c. The project properly adapts to the contours of the site and surrounding area.
d. The eight (8) foot high wall will provide noise attenuation and avoid incompatible future
extensions of the wall. Its appearance will be softened by 15 feet of perimeter
landscaping adjacent to it. Exterior side yard wall/retaining wall combinations will be
screened by adequate landscaped setbacks.
PC Minutes — 11/24/98 4 (98PC1124)
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2. The conditional use permit will be compatible with surrounding uses because it is an
extension of residential use which predominates the area. The project is surrounded on three
sides by streets and a paseo on the east side and will not be directly adjacent to another
development. Gated access is found in other developments in the area. The project elevation
and topography properly adapts to the surrounding area.
3. The proposed project will comply with the provisions of the base district and other applicable
provisions of the Huntington Beach Ordinance Code and any specific condition required for
the proposed use in the district in which it would be located. The development complies with
minimum development standards. The proposed gates will comply with Fire Department
requirements. The perimeter and retaining walls are allowed subject to approval of a
conditional use permit.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Residential Low Density on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. LU 9.1.2 — Require that single family residential units be designed to convey a high level
of quality and character considering the following guidelines:
1) Modulate and articulate building elevation, facades and masses (avoiding
undifferentiated "box -like" structures.
2) Encourage innovative and creative design concepts.
b. LU 9.3.2 — Require that the design of new residential subdivisions consider the
following:
1) Establish a street configuration involving the interconnection of individual streets that
emphasize a pattern of "blocks" rather than cul-de-sacs.
2) Integrate public squares, mini -parks, or other landscaped elements.
3) Orient housing to neighborhood and collector streets.
4) Consider reduced street widths to achieve a more "intimate" relationship between
structures, to the extent feasible and in accordance with Huntington Beach Fire
Department regulations.
5) Consider an increase in front yard setbacks, sidewalk widths, and the inclusion of
landscaped parkways, especially in neighborhoods where the street width is reduced.
CONDITIONS OF APPROVAL - TENTATIVE MAP NO. 15728:
1. The tentative map received and dated November 2, 1998 shall be the approved layout.
PC Minutes — 11/24/98
(98PC1124)
2. Prior to submittal of the final map for approval by the City Council, the following shall
be required:
a. At least 60 days before City Council action on the final map, CC&Rs shall be
submitted to the Planning Department and approved by the City Attorney. The
CC&Rs shall reflect the maintenance of all walls and common areas including
private streets and landscape areas by the Homeowners' Association. It shall also
include the location of the earthquake fault setback lines as well as water quality
BMP and education information. The CC&Rs must be in recordable form prior to
recordation of the map.
b. The project shall comply with the Affordable Housing Plan for the Holly-Seacliff
area. Final inspection (certificate of occupancy) shall not be approved for residential
units in the project if the affordable housing requirements for the Holly-Seacliff area
are not met at the time that final inspection is requested.
3. The following conditions shall be completed prior to recordation of the final map unless
otherwise stated. Bonding may be substituted for construction in accordance with the
provisions of the Subdivision Map Act. (PW)
a. All vehicular access rights to Garfield Avenue, Summit Drive, Saddleback Lane and
Peninsula Lane shall be released and relinquished to the City of Huntington Beach
except at locations approved by the Planning Commission.
b. Hydrology and hydraulic studies shall be submitted for Public Works review and
approval. The developer shall design and construct drainage improvements as
required by the Department of Public Works to mitigate impact of increase run off
due to development or deficient downstream systems.
c. The sewer and storm drain systems located within the private streets shall be private
and maintained by the Homeowners Association.
d. The public park site and the pedestrian paseo shall be dedicated to the City of
Huntington Beach in "Fee Title" on the final map.
e. All street and sidewalk widths shall be as shown on the approved Tentative tract
map.
f. The following shall be dedicated to the City of Huntington Beach on the final map:
1. An easement over the private streets for Police and Fire Department access
purposes.
2. A 2.00 foot public utility easement as shown on said map.
3. The water system and appurtenances as shown on the improvement plans.
4. Access rights in, over, across, upon and through the private streets for the
purpose of maintaining, servicing, cleaning, repairing, and replacing the water
system.
PC Minutes — 11/24/98 6 (98PC1124)
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g. The engineer or surveyor preparing the final map shall tie the boundary of the map
into the Horizontal Control System established by the County Surveyor in a manner
described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18.
h. The engineer or surveyor preparing the final map shall submit to the County
Surveyor a digital -graphics file of said map in a manner described in Sections 7-9-
330 and 7-9-337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18.
i. All improvement securities (Faithful Performance, Labor and Material, and
Monument Bonds) and Subdivision Agreement shall be posted with the Public
Works Department and approved as to form by the City Attorney.
j. A Certificate of Insurance shall be filed with the Public Works Department and
approved as to form by the City Attorney.
k. A reproducible mylar copy and a print of the recorded final map, along with digital
graphic files of the recorded map per the City of Huntington Beach "CAD Standards
Manual for Consultants", shall be submitted to the Department of Public Works.
4. The development shall comply with all applicable mitigation measures in Environmental
Impact Report No. 89-1.
5. 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 tract map are
proposed as a result of the plan check process. The tract map shall not be recorded 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 of the original entitlement
reviewed by the Planning Commission may be required pursuant to the HBOC.
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO 15728•
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. Park and Recreation dedication shall be met or accrued credits assigned, prior to
acceptance of the final map by City Council.
3. Tentative Tract Map No. 15728 and Conditional Use Permit No. 98-52 shall not become
effective until the ten day appeal period has elapsed.
4. Tentative Map No. 15728 and Conditional Use Permit No. 98-52 shall become null and
void unless exercised within two (2) years of the date of final approval. An extension of
time may be granted by the Planning Director pursuant to a written request submitted to
the Planning Division a minimum 30 days prior to the expiration date.
PC Minutes — 11/24/98
(98PC 1124)
5. The applicant shall submit a check in the amount of $38 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 Planning Department within two (2) days of the
Planning Commission's action.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-52-:
1. The site plan and fence plan received and dated November 2, 1998, and floor plans and
elevations received and dated July 1, 1998 shall be the conceptually approved layout with the
following modifications:
a. The wrought iron fence along the park shall include self -closing and locking pedestrian
gates. (PD)
b. `All exterior side yard walls shall be setback a minimum of three feet (lots 8, 13, 14, 18,
21, 26, and 27).
c. Delete the lattice patio cover on Plan 1XA or comply with setbacks.
d. All wing walls or fences equal in height to the first floor double plate, but not exceeding
nine (9) feet, which are perpendicular to and entirely within a side yard may be
constructed to the interior side property line and to within five (5) feet of the exterior side
property line provided they are equipped with a three (3) foot gate or accessway. Wing
walls or fences that exceed this height limit shall meet setbacks.
e. ;The Plan 3 substandard third car garage tandem parking space shall be labeled as storage
space.
f. 'Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
g. 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.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. Names of streets shall be submitted to and approved by the Huntington Beach Fire
Department in accordance with City Specification No. 429. (FD)
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PC Minutes — 11/24/98 8 (98PC1124)
c. Submit three (3) copies of the site plan and the processing fee to the Planning Department
for addressing purposes after street name approval by the Fire Department.
d. All Fire Department requirements shall be noted on the building plans as follows: (FD)
1) Fire extinguishers will be installed and located in areas to comply with the HBFC
standards (clubhouses, community buildings).
2) Fire hydrants must be installed before combustible construction begins. Prior to
installation, shop drawings shall be submitted to the Public Works Department and
approved by the Fire Department. This project requires nine (9) hydrants (City
Specification 407).
3) Fire lanes shall be designated and posted to comply with City Specification 415.
4) Security gates shall be designed to comply with City Specification 403.
5) Address numbers shall be installed to comply with City Specification 428.
6) Street names must be approved by the Fire Department prior to use per City
Specification 409.
7) Fire road access shall be provided in compliance with City Specification 401. Include
the circulation plan and dimensions of all access roads.
8) Exit signs and path markings shall be provided in compliance with the HBFC and the
California Administrative Code, Title 24 (clubhouses, community buildings).
9) The project shall comply with all provisions of the HBFC and City Specification 422
(Well Abandonment).
10) The project shall comply with all provisions of the HBMC Section 17.04.085 and
City Specification 429, Methane District Building Permit Requirements.
11) Road width at 32 feet, will have parking on one side only marked and signed
appropriately.
12) Flag Lots No. 45 and 46 shall be provided with automatic fire sprinklers.
13) Community buildings shall be reviewed by the Fire Department.
e. Residential type structures on the subject property, whether attached or detached, shall be
constructed in compliance with the State acoustical standards set forth for units that lie
within the 60 CNEL contours of the property. Evidence of compliance shall consist of
submittal of an acoustical analysis report and plans, prepared under the supervision of a
person experienced in the field of acoustical engineering, with the application for
building permit(s). This requirement pertains to lot nos. 1-3, 11-16, 19-26, 49-70. (Code
Requirement)
f. 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)
g. Floor plans shall depict natural gas and/or 220V electrical shall be stubbed in at the
location of clothes dryers; natural gas shall be stubbed in at the locations of cooking
facilities, water heaters and central heating units.
PC Minutes — 11/24/98 9 (98PC1124)
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. This plan shall also include an
erosion and silt control plan for all water runoff during construction and site preparation
work. Final grades and elevations on the grading plan shall not vary by more than one
foot from the grades and elevations on the approved Tentative map unless approved by
the City Engineer. (PW)
b. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis
shall include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations regarding: grading, liquefaction, foundations, retaining walls, streets,
pavement sections, utilities, and chemical and fill properties. (PW)
c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. Water quality BMP and education
information shall be included in the CC&Rs. All catch basins shall be grated. (PW)
d. Blockwall/fencing plans shall be submitted to and approved by the Planning and Building
and Safety Departments. The plans shall include section drawings, a site plan and
elevations. The plans shall identify materials, seep holes and drainage.
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 Planning
Department.
b. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Planning. The landscape plan for the
paseo area shall be reviewed in conjunction with the Police Department. 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 tfie
entitlement conditions of approval. The landscape plans shall be in conformance with the
Holly-Seacliff Specific Plan and applicable Design Guidelines. Any existing mature
trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36
inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code
Requirement)
c. The Final Map shall be accepted by the City Council, recorded with the Orange County
Recorder and a copy filed with the Planning Department. (Code Requirement)
d. A landscape and irrigation plan for the public park, 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 Police Department and Community
Services Department shall be included in the review of the plans. (PW)
PC Minutes—11/24/98 10 (98PC1124)
e. The developer shall coordinate with the City of Huntington Beach Traffic Engineering
Division in developing a truck and construction vehicle routing plan. This plan shall
specify the hours in which transport activities can occur and methods to minimize
construction related impacts to adjacent residents. This plan must be approved by the
Department of Public Works. (PW)
f. The developer shall submit a parking plan for review and approval. (PW)
g. Submit gated entryway (access control devices) plans to the Planning Department. The
gated entryway shall comply with Fire Department Standard No. 403. Prior to the
installation of any gates, such plan shall be reviewed and approved by the Planning,
Building, Fire and Public Works Departments.
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 approval of the first unit (occupancy), the
following shall be completed: (PW)
a. Each proposed dwelling unit shall have a separate domestic meter (touch and read type)
and service lateral, sized to meet the minimum requirements set by the Uniform
Plumbing Code (UPC) and Uniform Fire Code (UFC). The domestic water service
lateral size shall be a minimum of one (1) inch.
b. The developer shall construct a separate irrigation system (i.e. service, meter, and
backflow protection device) to serve reclaimed water to the perimeter landscaping along
Garfield Avenue and to the park area.
c. Separate backflow protection shall be installed for domestic water services in areas
served by reclaimed water (i.e. park area) and buildings over two stories in height.
d. _ The developer shall construct a reclaimed water pipeline in the pedestrian paseo to serve
the proposed parks.
e. All existing overhead utilities shall be installed underground in accordance with the
City's Underground Utility Ordinance. In addition, all electrical transformers shall be
installed underground.
PC Minutes — 11/24/98 11 (98PC1124)
f. Installation of all public park facilities shall be completed and approved prior to
occupancy and release of the first unit.
g. The developer shall construct a wrought iron (open visibly) fence as the perimeter theme
wall along Garfield Avenue between the entry monument (east side at Peninsula Lane)
and the westerly property boundary of lot 53 (a total of 290 feet).
h. The applicant shall provide for the installation for street lights along Garfield Avenue and
within all the internal streets per City of Huntington Beach guidelines.
i. The applicant shall prepare traffic signing and striping plans for the entrances into the
subdivision.
j. The applicant shall provide a pullout for six (6) parking spaces for the public park along
the north side of Summit Drive adjacent to the public park in the tract subject to the
approval of the Public Works Department.
k. Streets within the subdivision with parking on one side shall have the opposite side curb
painted red and/or have no parking/fire lane signs posted.
1. Adequate lighting shall be provided along the pedestrian paseo with recommended two
12 foot poles midway.
in. The developer shall construct full street improvements along Summit Drive, Peninsula
Lane, and Garfield Avenue.
n. Parking shall not be allowed on Street "G".
o. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein.
p. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
q. 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.
7. The use shall comply with the following:
a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
b. 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)
PC Minutes — 11/24/98 12 (98PC1124)
8. All conditions of Tentative Tract Map No. 15728 shall be complied with.
9. The Police and Public Works Department shall conduct a crossing guard study at the
intersection of the paseo and Summit Drive after completion of the park and once the Seacliff
Elementary School is in operation.
10. The development shall comply with all applicable mitigation measures of Environmental
Impact Report No. 89-1.
11. 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 HBOC.
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
l . Conditional Use Permit No. 98-52 shall not become effective until the ten day appeal
period has elapsed.
2. Conditional Use Permit No. 98-52 shall become null and void unless exercised within two
(2) years of the date of final approval or such extension of time as may be granted by the
Planning Director pursuant to a written request submitted to the Planning Department a
minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-52,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Ordinance Code 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. (PW )
6. An encroachment permit shall be required for all work within the right-of-way. (PW )
7. State -mandated school impact fees, or such fees as have been agreed to by the applicant and
the school districts, shall be paid prior to issuance of building permits.
8. The development shall comply with all applicable provisions of the Municipal Code,
Building and Safety Department, 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 Planning Department within two (2) days of
the Planning Commission's action.
PC Minutes—11/24/98 13 (98PC1124)
B-2 CONDITIONAL USE PERMIT NO.98-53/COASTAL DEVELOPMENT PERMIT
NO.98-18/VARIANCE NO.98-22 (PCH PEDESTRIAN OVERCROSSING):
APPLICANT: City of Huntington Beach
LOCATION: Pacific Coast Highway approximately midway between Beach
Boulevard and Twin Dolphin Drive (future) or approximately 360 feet
northwest of the intersection of Pacific Coast Highway and Beach
Boulevard
PROJECT
PLANNER: Jim Barnes
Transmitted for Planning Commission consideration is a request by the Community Services
Department of the City of Huntington Beach, to permit the construction of a pedestrian
overcrossing spanning Pacific Coast Highway (PCH), between Beach Boulevard and Twin
Dolphin Drive. The overcrossing connects the function lawn area of the recently approved
Hilton Ocean Grand Resort and Conference Center to the City's beach parking lot, and
additionally provides public pedestrian access from the sidewalks on both sides of the highway.
The request also includes enhanced concrete and landscaping between the overcrossing landing
at the City's beach parking lot and the beach bike path. Mayer Financial, Ltd., the Developer
under the recently approved Amended and Restated Development Agreement and Amended and
Restated Disposition and Development Agreement for the Waterfront Development, will fund
construction of the pedestrian overcrossing.
The landing portion of the pedestrian overcrossing located on the beach side of the highway is
proposed at a maximum height of 56'-6". The landing is located within Downtown Specific Plan
(DTSP) District No. 11. The maximum permitted height is 20 feet with an exception for
lifeguard towers or other facilities necessary for public safety. Staff has concluded that the entire
overcrossing, with the exception of the decorative lantern feature, is a public safety facility and is
therefore exempt from the height limitation in this district. Additionally, pursuant to Section
4.2.04 (a) and (b) of the Specific Plan, 10 feet may be added to the height of a structure for
architectural features and 14 feet may be added for elevator equipment, providing further basis
for the conclusion that the entire overcrossing, including the elevator tower up to at least the
bottom of the lantern element, is allowed under the City's development standards. Howevef, the
top 16'-6" of the elevator structure is a lantern feature proposed to enhance the architectural
quality of the project. A variance is requested for that portion of the elevator tower. The
remaining portions of the overcrossing are either located in District No. 9 of the Specific Plan
which has no height limit or are exempt based on exceptions for public safety, architectural
features, or elevator equipment.
PC Minutes — l 1/24/98 14 (98PC1124)
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional Use Permit No. 98-53,
Coastal Development Permit No. 98-18 and Variance No. 98-22 for the following reasons:
♦ The potential environmental impacts of the project have been evaluated in SEIR No. 82-2
and the Addendum to SEIR No. 82-2 which covered the entire Waterfront Development
project. No specific significant environmental impacts are associated with the proposed
pedestrian overcrossing.
♦ With the Environmental Impact Report Mitigation Measures and City Condition's of
Approval the project will not be detrimental to the value of property or improvements in the
area.
♦ The proposed project will be compatible with the uses and structures on adjacent and
surrounding properties.
♦ With the adoption of Variance No. 98-22 the proposed project is compatible with goals,
policies, and development standards in the City's General Plan and Downtown Specific Plan.
♦ The project is consistent with design and architectural standards contained in the Downtown
Design Guidelines of the Downtown Specific Plan. The architecture reflects the
contemporary Mediterranean design theme encouraged by the Guidelines.
♦ The project will significantly enhance pedestrian circulation and coastal access in the area.
♦ The proposed project is a public safety improvement that will provide safe pedestrian transit
across Pacific Coast Highway for visitors and residents. The overcrossing is accessible by
the public from the sidewalks at both sides of Pacific Coast Highway.
♦ The proposed project enhances public visual resources by providing a public view plaza
directed towards the pier.
♦ The proposed project will become a City owned improvement for the benefit of the public. It
will be maintained by the developer/hotel operator pursuant to a maintenance/license
agreement to be entered into between the developer and the City pursuant to the Amended
and Restated Development Agreement.
♦ The granting of the variance request for the height of the architectural lantern feature is
appropriate given the unique quality of the overcrossing design and the special circumstances
of the size and finish grade elevation of the adjacent hotel development. The scale of the
lantern feature in comparison to surrounding development is such that public visual resources
are preserved.
The applicant, City of Huntington Beach Community Services Department, submitted a letter
requesting a continuance of subject item to a dated uncertain to resolve issues regarding
exemptions for height and the proposed variance.
A MOTION WAS MADE BY SPEAKER, SECONDED BY INGLEE, TO CONTINUE
CONDITIONAL USE PERMIT NO.98-53, COASTAL DEVELOPMENT PERMIT NO.
98-18 AND VARIANCE NO.98-22 TO A DATE UNCERTAIN, BY THE FOLLOWING
VOTE:
AYES: Inglee, Tillotson, Kerins, Biddle, Speaker
NOES: None
ABSENT: Chapman, Livengood
ABSTAIN: None
MOTION PASSED
PC Minutes— 11/24/98 15 (98PC1124)
B-3 TENTATIVE TRACT MAP NO.15469/CONDITIONAL USE PERMIT NO. 97-
80/NEGATIVE DECLARATION NO 97-21 (MEADOWLARK DEVELOPMENT):
APPLICANT: Catellus Residential Group
LOCATION: 600 ft. north and east of the intersections of Bolsa Chica Street and
Warner Ave., south of Heil Avenue
PROJECT
PLANNER: Amy Wolfe
Tentative Tract Map No. 15469 and Conditional Use Permit No. 97-60 represent a development
proposal by Catellus Residential Group (CRG) involving; subdivision of 48.4 gross acres into
small lots (TTM No. 15469); construction of 313 single family dwellings, a public park, private
open space/recreation facilities and infrastructure improvements (CUP No. 97-80). The project
site is located approximately 600 feet north and east of the intersection of Warner Avenue and
Bolsa Chica Street and was previously used as a small craft airport (Meadowlark Airport).
The proposed development plan is comprised of four interconnected Planning Areas, a 2.3 acre
public park area and one private park site totaling 0.65 acres. A meandering pedestrian
promenade/Spine road provides the primary pedestrian and vehicular access to the subject site
from Heil Avenue and Warner Avenue. The project's density is 9.8 dwelling units per net acre
(6.5 dwelling units per gross acre). The proposed mix of housing product and lot design
provides for development of small -lot, zero -lot -line and z-lot layouts. Development of the four
planning areas is proposed to occur simultaneously.
The project is subject to compliance with the Meadowlark Specific Plan. Amendments to the
originally approved Meadowlark Specific Plan document (adopted March 7, 1988) to allow
small -lot development within the subject area were considered and approved by the Planning
Commission on September 22, 1998. The Planning Commission recommended that Zoning Text
Amendment (ZTA No. 97-4), Zoning Map Amendment (ZTA No. 97-1) and Environmental
Assessment (EA/ND No. 97-21) associated with the Meadowlark Specific plan amendment be
forwarded to the City Council for consideration and final action.
The tentative tract map and conditional use permit requests for the development of the residential
portion of the Meadowlark project site tracked the public hearing process/schedule for the. .
Meadowlark Specific Plan Amendment (ZTA No. 97-4 and ZMA No. 97-1) and on September
22, 1998, the Planning Commission continued the item (TTM No. 15469 and CUP No. 97-80)
"to a date uncertain" to allow the applicant time to revise the development proposal and bring it
in conformance with the amended Meadowlark Specific Plan.
The current project proposal (dated received October 19-21, 1998) was analyzed from two
different perspectives. First it was evaluated in terms of compliance with the amended
Meadowlark Specific Plan document (as modified on September 22, 1998). Staff determined
that the development plans submitted on October 19 — October 21, 1998, by CRG are not in
compliance with the Meadowlark Specific Plan, therefore, staff recommends denial of the
Meadowlark development proposal (CUP No. 97-80 and TTM No. 15469) based on non
compliance with the approved Meadowlark Specific Plan (September 22, 1998) and non
compliance with General Plan goals objectives and policies.
PC Minutes — 11/24/98 16 (98PC1124)
Separately, staff reviewed the development proposal to determine project consistency with the
anticipated staff recommendations to the City Council on Zoning Text Amendment No. 97-4 and
Zoning Map Amendment No. 97-1 for the Meadowlark Specific Plan. Staff found the project to
be inconsistent with staff s recommendations and does not support approval of the project based
on non-compliance with design, safety requirements and community facility needs.
STAFF RECOMMENDATION:
The Planning, Public Works, Community Services, Police and Fire Department recommend
denial of the proposed project for the following reasons:
• The project is not consistent with Land Use Element, Circulation Element and Recreation
and Community Services Element goals, objectives and policies of the General Plan, which
foster development of high quality communities by means of creative design solutions;
ensuring provision of infrastructure and; addressing the recreational needs of the community.
The project does not comply with the provisions and development standards of the amended
Meadowlark Specific Plan. The proposal is inconsistent with applicable public park, parking
requirements (minimum number of open and enclosed spaces), garage use/design, building
height, front yard setbacks, exterior side yard setbacks, interior side yard setbacks, rear yard
setbacks, on -street parking, open space design (southwest corner of PA-4) and fence/wall
standards.
• The project will be detrimental to the general health, welfare and safety of persons working
or residing in the project vicinity. The project does not incorporate the necessary street
infrastructure to ensure emergency access; provide adequate buffer areas between park and
residential uses; parking for project residents and neighborhood park users; utilize design
solutions to eliminate crime related activities.
Tim Greaves, Fire Department, gave a report to the Commission regarding the Fire Departments
objection to the 32 foot street width (private street standard) approved in the Specific Plan. They
feel that the street should be increased to a 40 foot width (public street standard). The
Commission questioned the Fire Department's reason for addressing this issue as the Specific
Plan had already been approved. Staff stated that the project had been redesigned several times
since the Subdivision Subcommittee had reviewed it, and several cumulative issues have caused
the project to not incorporate the necessary street infrastructure to ensure adequate emergency
access. The Fire Department staff stated that they felt it was important to bring this to the
Commission's attention. Dave Webb, Public Works, also stated that the Public Works felt that
the proposed parking would create public safety issues.
THE PUBLIC HEARING WAS OPENED.
Bruce Lehman, 812 Aleppo Street, Newport Beach, representing applicant, stated that the
parking issue is being caused because of a fifth bedroom which could be redesigned so as not to
qualify as a bedroom. He stated they are prepared to accept conditions from staff to conform
with their version of the Specific Plan. Mr. Lehman also stated that the denial recommendation
seems to be relative to the Fire Department and Public Works Department health and safety
issues which were not brought to the applicant's attention until the last minute.
PC Minutes — 11/24/98 17 (98PC1124)
Dick Nerio, 16631 Roosevelt, property owner, stated that the City is not holding up their part of
the Development Agreement. He stated that every time staff and the developer agree on a
project, staff later says it is not acceptable. He stated that it is time to move on with the
development of the land.
John Brady, 5171 Stallion Circle, spoke in support of the request stating that it is a viable plan
that will enhance the community.
Connie Nguyen, 5411 Meadow Circle, stated that she would like to see a street abut the rear of
their existing home so as not to loose privacy or property value.
Steve Sasaki, 23421 South Pointe Drive, Suite 190, Laguna Hills, stated that the proposed
parking would work with the homeowner association and the City enforcement of the parking
regulations.
Greg Meisenheimer, 5401 Meadow Circle, spoke in support of the request.
Ron Catt, 5415 Old Pirate Lane, stated concern that the project has gotten to this point and
surprised that so many issues are unresolved with staff. He stated that the developer has met the
neighbors concerns and the park should remain the current size and be passive.
Dennis Girard, 5391 Heil Avenue, spoke in support of the request and stated that the parking
issues should be the concern of the purchasing residents.
THERE WERE NO OTHER PERSON PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Planning Commission reviewed the Compliance Matrix for the proposed use to determine
which issues were or were not in compliance with the Commission approved Specific Plan. The
Commission discussed a continuance to a allow a full Commission to be present and to review
the issues discussed this evening.
A MOTION WAS MADE BY INGLEE, SECONDED BY SPEAKER, TO CONTINUE
TENTATIVE TRACT MAP NO.15469, CONDITIONAL USE PERMIT NO.97-80 AND
NEGATIVE DECLARATION TO A SPECIAL PLANNING COMMISSION MEETING,
THURSDAY, DECEMBER 391998 AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Kerins, Biddle, Speaker
NOES:
None
ABSENT:
Chapman, Livengood
ABSTAIN:
None
MOTION PASSED
[1
PC Minutes—11/24/98 18 (98PC1124)
B-4 TENTATIVE TRACT MAP NO. 15691/CONDITIONAL USE PERMIT NO.98-42/
VARIANCE NO.98-20 (HERITAGE COMMUNITIES — 24 UNIT SUBDIVISIONZ
APPLICANT: Heritage Communities, c/o Mark Jacobs
LOCATION: Southwest corner of Ellis Avenue and Goldenwest Street
PROJECT
PLANNER: Wayne Carvalho
Tentative Tract Map No. 15691, Conditional Use Permit No. 98-42, and Variance No. 98-20
represent a request by Mark Jacobs of Heritage Communities, to subdivide approximately 9.14
gross acres for the construction of 24 single family residences. The request includes allowing
development on a site with more than a three (3) foot grade differential between the high and low
points, and eight (8) foot high perimeter walls along arterials. Variances are requested for
reduced minimum project area, reduced front setbacks on two lots, reduced rear setbacks on two
lots, and to exceed the two foot fill restriction on five lots by up to 4.5 feet. The project is
designed to be compatible with the other two story residential developments in the area and will
allow for through circulation from the existing dead-end at Derby Lane. The project will result
in the build out of the remaining parcels at the southwest corner of Ellis Avenue and Goldenwest
Street, while completing the street and equestrian trail improvements adjacent to the tract.
STAFF RECOMMENDATION:
Staff supports the development and variances for the following reasons:
• The project is consistent with the goals and objectives of the General Plan and Ellis
Goldenwest Specific Plan.
• The design of the homes will be compatible with the existing development in the area.
• The project will provide varied front elevations, setbacks, and use of three house plans with
nine design schemes.
• The revised street layout will provide for better circulation than previously approved.
• The reduced setbacks, as recommended by staff, will not adversely impact the adjacent
properties or property values.
• Exceeding the fill restriction will allow for proper drainage, without negatively impacting the
surrounding neighborhood.
• The project will comply with the mitigation measures identified in Environmental Impact
Report No. 88-2.
THE PUBLIC HEARING WAS OPENED.
Mark Jacobs, 5620 E Santiago Canyon, Orange, representing applicant, stated that the applicant
has worked with staff and the surrounding neighborhood to develop a well designed project. He
discussed the applicant's preference to have affordable housing requirements met off -site
(Condition No. 2.a.). He also stated that the park fees (Condition No. 11) were to high for the
applicant to absorb and the market would probably not allow them to pass it on to the buyers and
requested that the old fees be applied to this project.
PC Minutes — 11/24/98 19 (98PC1124)
Bill Maul, 2955 Red Hill Avenue, Costa Mesa, applicant's engineer, stated he was available to
answer any questions the Commission may have.
Jack Siart, 7045 Ashley Drive, spoke in support of the request.
Joanne Chivers, 6582 Polo Circle, spoke in support of the request stating the project will be an
asset to the community.
Brad Harrison, 6981 Derby Circle, stated that his concerns regarding Lot 21 were answered by
the developer and he is neutral on the proposed project.
Mike Colonna, 6902 Derby Circle, spoke in support of the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Planning Commission discussed the park fees and the affordable housing issues. Staff
stated that the Commission could base the in -lieu fee on the August, 1998 appraisal value of
$516,500 per acre and would work with the applicant on the affordable housing issues.
A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO APPROVE
TENTATIVE TRACT MAP NO.15691, CONDITIONAL USE PERMIT NO.98-42
AND VARIANCE NO.98-20 WITH FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Inglee, Tillotson, Kerins, Biddle, Speaker
NOES: None
ABSENT: Chapman, Livengood
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO.15691:
1. Tentative Tract Map No. 15691 for the subdivision of 9.14 gross acres (7.42 net) for the
purpose of developing a 24 unit single family residential development is consistent with the
General Plan Land Use Element designation of Low Density Residential on the subject
property, the Ellis Goldenwest Specific Plan, and other applicable provisions of this Code,
except for the variances approved concurrently with this application.
2. The site is physically suitable for the type and density of development at 9.14 gross acres.
The project site is relatively flat and will complete development on the northeast comer of
the Ellis Goldenwest quartersection.
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. The project site was previously evaluated in Environmental Impact
Report No. 88-2 and will comply with appropriate mitigation measures.
PC Minutes—11/24/98 20 (98PC1124)
1
4. The design of the subdivision and the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. The
subdivision will provide all necessary easements and will not affect any existing easements.
The development will include the construction of public equestrian trail easements along the
perimeter of the tract.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-42:
1. Conditional Use Permit No. 98-42 for: a) the development of 24 detached, single family
residences; b) the construction of up to eight (8) foot high perimeter walls along arterials
(Ellis Ave., Goldenwest St.); and c) development on a site with a ten foot grade differential,
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
is consistent with the character of the area. The increased wall height will provide noise
attenuation while minimizing the potential for future fence height extensions along the
arterials. The grading of the master plan will allow for proper drainage within the tract
without impacting adjacent properties or streets.
2. The conditional use permit will be compatible with surrounding uses because the design and
architecture of the proposed homes, equestrian improvements, street sections and circulation
are designed to be compatible with adjacent tracts. The project will complete estate
residential development on the northeast corner of the Ellis Goldenwest quartersection.
3. -The proposed 24 unit single family residential subdivision 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, except for variances approved concurrently (VAR
98-20). With exception of the requested variances, the project will comply with all
provisions of the Ellis Goldenwest Specific Plan.
4. The granting of Conditional Use Permit No. 98-42 will not adversely affect the General Plan.
It is consistent with the Land Use Element designation of Low Density Residential on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
LU 9.1.2 —Require that single family residential units be designed to convey a high level of
quality and character considering the following guidelines:
a. Modulate and articulate building elevation, facades and masses (avoiding
undifferentiated "box -like" structures).
b. Encourage innovative and creative design concepts.
LU 9.3.2 —Require that the design of new residential subdivisions consider the following:
a. Establish a street configuration involving the interconnection of individual streets that
emphasize a pattern of "blocks" rather than cul de sacs.
b. Orient housing to neighborhood and collector streets.
PC Minutes—11/24/98
21
(98PC 1124)
FINDINGS FOR APPROVAL - VARIANCE NO.98-20:
1. The granting of Variance No. 98-20 for the following:
a. To allow development on a 9.14 gross acre project area in lieu of minimum 10 acres;
b. To allow reduced front yard setbacks for Lot 15 (26.2 ft. in lieu of minimum 33.75 ft.)
and Lot 21 (31.21 ft. in lieu of minimum 36 ft.);
c. To allow reduced rear yard setbacks for Lot 17 (11.8 ft. in lieu of minimum 50 ft.) and
Lot 19 (13.4 ft. in lieu of minimum 50 ft.); and
d. To exceed the maximum 2 foot fill restriction on Lot 13 (2.1 ft.), Lot 19 (2.8 ft.), Lot 20
(4.5 ft.), Lot 21 (4.0 ft.) and Lot 22 (2.5 ft.)
will not constitute a grant of special privilege inconsistent with limitations upon other
properties in the vicinity and under an identical zone classification. The proposed
development will not contrast with the character of the neighborhood that has been
developed to retain the natural terrain and generally comply with setback requirements.
Furthermore, similar variances for reduced setbacks, and deviations to the cut and fill
requirements have been granted in the immediate area.
2. Because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classification. The proposed pads have been designed to minimize the
alteration of the natural terrain while designing for proper drainage. With the conditions
imposed, the lots with reduced rear setbacks will maintain an increased yard area on the side
yard facing Saddleback Lane.
3. The granting of Variance No. 98-20 is necessary to preserve the enjoyment of one or more
substantial property rights. The reduced project area, reduced setback requirements, and
additional fill will allow for development on the 9.14 acre area which is compatible with the
adjacent residential development.
4. The granting of Variance No. 98-20 will not be materially detrimental to the public welfare
or injurious to property in the same zone classification. With the conditions imposed, the
reduced setbacks, increased fill, and development of the 9.14 acre project area will not
reduce the privacy, or negatively impact the value of adjacent properties or neighborhoods.
CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 15691:
1. The tentative map and associated engineering studies received and dated September 23, 1998
shall be the approved layout.
2. Prior to submittal of the final map for approval by the City Council, the following shall
be required:
a. An Affordable Housing Agreement Plan shall be submitted for review and approval by
the Planning Department. The plan shall provide for minimum 10% of the housing units
(3 units) approved to be affordable to families of low income level (less than 80% of
Orange County median) for a period of thirty years. Said plan shall be executed prior to
issuance of the first building permit for the tract. The affordable units shall be under
construction, or available to the public, prior to final building permit approval
(occupancy) of the first home. The plan may include:
PC Minutes — 11/24/98 22 (98PC1124)
1. Build affordable units at an alternative location which is under control of the
applicant.
2. Rehabilitate existing units and ensure long term affordability.
3. Preserve existing affordable units for the long term (30 years).
4. Other options which generate new opportunities for affordable housing.
b. At least 60 days before City Council action on the final map, CC&Rs shall be submitted
to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect
the following:
1. Maintenance of all private streets, equestrian trails, walls and common landscape
areas;
2. Frequent street sweeping, cleaning of storm drains, painting of streets, fire hydrants,
and other on -going maintenance of the private infrastructure by the Homeowners'
Association (PW);
3. Full disclosure to all potential homeowners of the potential for noise generated by oil
wells and helicopter overflights within the area. (Mitigation measure)
4. Lots 17 and Lot 19 shall include a restriction to assure that a minimum 50 foot
setback for the main dwelling is maintained adjacent to the west (Saddleback Lane)
property line.
The CC&R's shall not prohibit the option for equestrian facilities which are intended for
the larger lots (15,000+ sq. ft.) as specified in the Ellis Goldenwest Specific Plan. The
CC&Rs must be in recordable form prior to recordation of the map. (PW, Ping.)
3. The following conditions shall be completed prior to recordation of the final map unless
otherwise stated. Bonding may be substituted for construction in accordance with the
provisions of the Subdivision Map Act. (PW)
a. All vehicular access rights to Goldenwest Street, Ellis Avenue, and Saddleback Lane
shall be released and relinquished to the City of Huntington Beach except at
locations approved by the Planning Commission. (PW)
b. The sewer study shall be private and designed to drain to Ellis Avenue (NW).
However, should any portion of the sewer system flow to the south, the developer
shall reimburse PLC for their fair share of the downstream improvements. (PW)
c. Hydrology and hydraulic studies for both on and off site facilities shall be submitted
for Public Works review and approval. (PW)
d. Construct a new concrete swale drain on the south side of the tract and remove
existing concrete swale along the north side of Tract 14007. A private storm drain
shall be constructed along the south line of Lot 21 out to Derby Lane. If the
applicant is unable to obtain authorization from the adjacent property owners to
remove the swale/v-ditch, all or a portion of the removal requirement may be deleted
per Public Works approval. (PW)
PC Minutes — 11/24/98 23 (98PC1124)
e. Each proposed dwelling unit shall require a separate domestic water meter and
service. All domestic water meters shall be sized in accordance with the UPC and
the requirements of the City of Huntington Beach Public Works Department and Fire
Department. All meters (new and existing) shall be a touch read type. (PW )
f. Remove cul-de-sac design and improvement at current terminus of Derby Lane and
process any necessary right of way vacation. (PW )
g. All public improvements (i.e. grading, street lights) and design criteria shall be to
City standards and in accordance with the requirements of the Specific Plan, City
design guidelines, and other City design criteria. (Mitigation Measure) (PW )
h. The developer shall construct a new 12" subpotable water pipeline in Ellis Avenue
from the connection at the existing 12" subpotable line in Goldenwest Street to the
connection point in Saddleback Lane, and in Saddleback Lane adjacent to the
development. (PW )
i. The developer shall construct a new 8" subpotable water pipeline and a 6" irrigation
water pipeline in "A' Street, "B" Street and Derby Lane, unless the developer
chooses to proposed alternative sizes, as supported by a hydraulic analysis approved
by the Water Division. (including lowering/relocation on any interfering oil/fuel
lines). (PW )
j. The developer shall construct a separate irrigation system (i.e. service, meter and
backflow protection device) to serve the individual lots of this development. (PW )
k. Backflow protection is required on all domestic and/or combined domestic/fire
(water) services. (PW )
1. All public utilities shall be located within an easement dedicated to the City. (PW )
m. The developer shall improve Goldenwest Street, Ellis Avenue, Saddleback Lane to
the centerline and fully improve the private streets to City Standards, including
lowering/relocation of any interfering oil/fuel lines and existing utility
relocation/modification necessary to install said improvements unless satisfied by the
developer under Development Agreement No. 90-1 and approved by the City. (PW )
(Mitigation measure) -
n. The developer shall design and construct signing, striping, and street lighting in
accordance with Public Works Standards and Ellis Goldenwest Specific Plan. All_
exterior lighting shall be approved by the City of Huntington Beach Planning
Department and City Engineer. The proposed height of street lights onsite shall be
approved by the Planning Director and Public Works Director. (Mitigation
Measure) (PW )
o. The developer shall make necessary modifications to the traffic signal at the
southwest comer of Goldenwest and Ellis to accommodate the new street
improvements. (PW) (Mitigation measure)
1
PC Minutes — 11/24/98 24 - (98PC1124)
p. The developer shall construct a final asphalt cap on the south side of Ellis Avenue
between Edwards and Goldenwest Streets. (provided the City can insure
reimbursement funding) (PW)
q. The developer shall complete the installation of a 12" potable waterline in Ellis
Avenue. (connecting the two dead ends) (provided the City can insure
reimbursement funding) (PW)
A reproducible mylar copy and a print of the recorded final map, along with digital
graphic files of the recorded map per the City of Huntington Beach "CAD Standards
Manual for Consultants", shall be submitted to the Department of Public Works.
(PW)
s. All improvement securities (Faithful Performance, Labor & Material and Monument
Bonds) and Subdivision Agreement shall be posted with the Public Works
Department and approved as to form by the City Attorney. (PW)
t. A Certificate of Insurance shall be filed with the Public Works Department and
approved as to form by the City Attorney. (PW)
u. All Public Works fees shall be paid. (PW)
v. Goldenwest Street, Ellis Avenue and Saddleback Lane shall be dedicated to the
public for street purposes. (PW)
w. All common area improvements shall be completed by the developer, or a cash bond
may be posted with the Department of Public Works that will guarantee the
completion of the common area improvements.
x. The following shall be shown as a dedication to the City of Huntington Beach on the
Final Map:
1. An easement over the private streets for Police, Fire Department, and utility
maintenance access purposes.
2. The water system and appurtenances as shown on the improvement plans.
3. Access rights in, over, across, upon and through the private streets for the
purpose of maintaining, servicing, cleaning, repairing, and replacing the water
system. (PW)
y. 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:
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. (PW)
PC Minutes — 11/24/98 25 (98PC1124)
4. Internal roadway sizing shall be determined in the design phase of the project and may reflect
the recommendation in Exhibit 20 of Ellis Goldenwest Specific Plan EIR 88-2. (Mitigation
Measure)
5. All internal roadways shall comply with the City of Huntington Beach Fire Department's
requirements, to provide for adequate access for emergency vehicles. (Mitigation Measure)
6. All other applicable mitigation measures in Environmental Impact Report No. 88-2 shall
be adhered to.
7. 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 tentative tract map is
proposed as a result of the final map plan check process. The Final Tract Map shall not be
approved 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 tentative tract map
reviewed by the Planning Commission may be required pursuant to the HBZSO.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-42/VARIANCE
NO.98-20
1. The site plan received and dated September 23, 1998, and floor plans and elevations received
and dated October, 14, 1998 shall be the conceptually approved layout with the following
modifications:
a. The front setbacks for residences on Lots 9, 11, 13, and 23 shall be off set by up to three
feet to provide for a better street scene. Specifically, the building pads shall be provided
with a minimum 27-28 foot front setback.
b. Driveways shall be designed to provide a minimum 25 foot turning radius into all
garages.
c. All elevations shall depict colors and building materials proposed.
d. 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)
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.
PC Minutes — 11/24/98 26 (98PC1124)
f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting
shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the
site plan and elevations. (Mitigation measure)
g. The Plan One office option will require the Master Retreat so not to exceed four (4)
bedrooms.
h. The Plan Two five (5) bedroom option shall provide for a three (3) car garage and four
(4) open spaces.
i. Any proposed fencing on Lots 10, 15 and 21 abutting Derby Lane (north -south) shall be
setback a minimum of five (5) feet from the back of curb behind the public utility and
pedestrian easement.
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. Lot No. 7 does not meet Fire Department access requirements and will require an
automatic fire sprinkler system. Shop drawings shall be submitted and approved by the
Fire Department prior to system installation. (FD)
c. Three (3) fire hydrants shall be installed prior to combustible construction. Prior to
installation, shop drawings shall be submitted to the Public Works Department and
approved by the Fire Department. (FD)
d. A fire alarm system shall be installed and provide the following:
1. Water flow, valve tamper, and trouble detection
2. Audible alarms
3. Smoke detectors (FD)
e. Address numbers shall be installed to comply with City Specification No. 428. (FD)
f. Names of streets shall be submitted to and approved by the Huntington Beach Fire
Department in accordance with City Specification No. 409. (FD)
g. The project shall comply with all provisions of the Huntington Beach Fire Code and City
Specification No. 422, Well Abandonment. (FD)
h. The project shall comply with all provisions of the Huntington Beach Municipal Code
Section 17.04.085 and City Specification No. 429, Methane District Building Permit
Requirements. (FD)
i. All structures (including garage) over 5,000 square feet in size shall be required an
automatic fire sprinkler system. (FD)
j. Submit three (3) copies of the site plan and the processing fee to the Planning Department
for addressing purposes after street name approval by the Fire Department.
PC Minutes — 11/24/98 27 (98PC1124)
k. All Fire Department requirements shall be noted on the building plans. (FD).
1. Residential type structures on the subject property, whether attached or detached, shall be
constructed in compliance with the State acoustical standards set forth for units that lie
within the 60 CNEL contours of the property. Evidence of compliance shall consist of
submittal of an acoustical analysis report and plans, prepared under the supervision of a
person experienced in the field of acoustical engineering, with the application for
building permit(s). (Code Requirement) (Mitigation measure)
m. 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)
n. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
o. Water conservation measures shall be implemented as required by State Law:
1. Low flush toilets
2. Low -flow showers and faucets
3. Insulation of hot water lines in water recirculating systems
4. Compliance with water conservation provisions of the appropriate plumbing code
(Mitigation measure)
3. Prior to issuance of final grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. This plan shall also include an
erosion and silt control plan for all water runoff during construction and site preparation
work. Final grades and elevations on the grading plan shall not vary by more than one
foot from the grades and elevations on the approved tentative map. (PW)
b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall
include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, chemical and fill properties, retaining walls, streets, and
utilities. (PW) (Mitigation measure)
c. 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 developer shall submit irrigation demands to ensure proper
irrigation service sizing. Landscaping shall consist of low water demand (drought
tolerant) species. (PW) (Mitigation measure)
d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. Water quality BMP and education
information shall be included in the CC&R's. (PW)
PC Minutes—11/24/98 28 (98PC 1124)
�I
e. The developer shall coordinate with the City of Huntington Beach Traffic Engineering
Division in developing a truck and co-onstruction vehicle routing plan. This plan shall
specify the hours in which transport activities can occur and methods to minimize
construction related impacts to adjacent residents. These plans must be approved by the
Department of Public Works. (PW)
f. Blockwall/fencing plans shall be submitted to and approved by the Planning Department.
An eight (8) foot high perimeter wall shall be installed along Ellis Avenue and
Goldenwest Street. Prior to the construction of any new walls, a plan must be submitted
identifying the removal of any existing walls next to the new walls, and shall include
approval by property owners of adjacent properties where necessarv. Double walls shall
be prohibited. The plans shall include section drawings, a site plan and elevations. The
plans shall identify materials, seep holes and drainage. The perimeter walls shall be
installed as approved by the Design Review Board with similar "split face" material.
4. Prior to issuance of building permits, the following shall be completed:
a. 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 Ellis Goldenwest Design Guidelines. Any existing mature
trees (trunk greater than 10" in diameter) that must be removed shall be replaced at a two
to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the
project's landscape plan. (PW) (Code Requirement) (Mitigation Measure)
b. The Final Map shall be accepted by the City Council, recorded with the Orange County
Recorder and a copy filed with the Planning Department. (Code Requirement)
c. A sales office and model extent plan shall be submitted to the Planning Department for
review and approval. All applicable bonds shall be posted.
d. An interim parking and/or building materials storage plan shall be submitted to the
Planning Department 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.
PC Minutes—11/24/98 29 (98PC1124)
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. (Mitigation measure)
f. Provide for an archeologist to monitor grading activities should grading result in recovery
of any archeological material. (Mitigation measure)
6. Prior to final building permit inspection and occupancy of the first residential unit, the
following shall be completed:
a. All existing and proposed overhead utilities shall be installed underground in accordance
with the City's Underground Utility Ordinance. (PW)
b. All electrical transformers shall be installed underground. (PW)
c. Signing, striping and street lighting shall be constructed in accordance with City
Standards. (PW)
d. Equestrian fencing shall be erected on either side of the horse trails to separate it from
other on site uses. (Mitigation measure)
e. All improvements to common areas including equestrian trails, fencing and landscaping
unless approved by the City and bonded for.
f. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
g. 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.
7. All applicable mitigation measures in Environmental Impact Report No. 88-2 shall be
adhered to.
8. Any proposed security gate system at the vehicular entryways (access control devices) will
require Planning Commission approval of a conditional use permit. Gated entryway plans
shall be submitted to the Planning Department for processing and shall comply with Fire
Department Standard No. 403. Prior to the installation of any gates, such plan shall be
reviewed by the Planning, Fire and Public Works Departments and approved by the Planning
Commission.
9. Any proposed neighborhood identification entry signage shall comply with the Ellis
Goldenwest Specific Plan Design Guidelines and other applicable codes.
1
PC Minutes — 11/24/98 30 (98PC1124)
1
rj
10. 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.
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT
MAP NO. 15691/CONDITIONAL USE PERMIT NO.98-42NARIANCE NO.98-20:
1. Tentative Tract Map No. 15691, Conditional Use Permit No. 98-42 and Variance No. 98-20
shall not become effective until the ten day appeal period has elapsed.
2. Tentative Tract Map No. 15691, Conditional Use Permit No. 98-42 and Variance No.
98-20 shall become null and void unless exercised within two (2) years of the date of
final approval. An extension of time may be granted by the Planning Director pursuant
to a written request submitted to the Planning Department a minimum 30 days prior to
the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-42
and Variance No. 98-20, 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. State -mandated school impact fees shall be paid prior to issuance of building permits.
8. The development shall comply with all applicable provisions of the Municipal Code,
Building and Fire Departments as well as applicable local, State and Federal Fire Codes,
Ordinances, and standards, except as noted herein.
9. Development shall meet all local and State regulations regarding installation and operation
of all underground storage tanks. (FD)
10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
PC Minutes—11/24/98
31
(98PC1124)
11. Park and Recreation Fees shall be paid prior to acceptance of the final map by City
Council. The fee shall be based on the August, 1998 appraisal value of $516,500 per
acre.
12. The applicant shall submit a check in the amount of $38 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 Planning Department within two (2) days of the
Planning Commission's action.
C. CONSENT CALENDAR
None
D. NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
None
E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Tillotson — stated that the Design Guidelines Field Tour was very
informative and would be helpful to the Design Guidelines Subcommittee.
Commissioner Kerins — asked staff to report back on the status of the adoption of the
Park and Recreation Fees Ordinance by the City Council. He stated that citizens need to
be aware that the fees are in place even though the adoption has not yet occurred. He
also stated that while on the Design Guidelines Field Tour they witnessed a car running a
stop sign at 17'h Street and Adams Avenue. He stated that other residents in the area have
informed him that this intersection has been the site of numerous accidents. He requested
Public Works staff to review this intersection and report back to the Commission.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Senior Planner — restated actions taken at the previous City Council meeting.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner — discussed items for the December 8, 1998 meetings.
PC Minutes — 11/24/98 32 (98PC1124)
1
G. ADJOURNMENT — Adjourn to the December 3, 1998 special meeting and then to the
regularly scheduled December 8, 1998 Planning Commission meeting.
A MOTION WAS MADE BY TILLOTSON, SECONDED BY INGLEE, TO ADJOURN
TO A SPECIAL MEETING AT 7:00 PM ON DECEMBER 3, 1998 AND THEN TO THE
REGULARLY SCHEDULED PLANNING COMMISSION MEETING OF DECEMBER
8, 1998 AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES: Inglee, Tillotson, Kerins, Biddle, Speaker
NOES: None
ABSENT: Chapman, Livengood
ABSTAIN: None
MOTION PASSED
/kjl
APPROVED BY:
HSArd Zelef , Secretary
PC Minutes—11/24/98 33 (98PC1124)