HomeMy WebLinkAbout1998-12-081
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, DECEMBER 8,1998 -
STUDY SESSION - 5:30 PM
(Room B-8)
PCH PARKING & TRAVEL LANES (5:30 — 6:00 PM) — Public Works
AGENDA REVIEW — (6:00 — 6:15 PM)
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
A P A P P P A
ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
AGENDA APPROVAL
Anyone wishing to speak must fill out and submit a form to speak. No action can betaken by the Planning Commission on
this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing
items may do so during ORAL COMMUNICATIONS. Speakers on items scheduledfor PUBLIC HEARING will be invited
to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)
A. ORAL COMMUNICATIONS
NONE
B. PUBLIC HEARING ITEMS
B-1 CONDITIONAL USE PERMIT NO.98-50/VARIANCE NO.98-24 (PENINSULA
MARKETPLACE):
APPLICANT: Bill Holman, PLC
LOCATION: Southwest corner of Garfield and Goldenwest Street
PROJECT
PLANNER: Ricky Ramos
Conditiyk.:a.= ">e Permit No. 98-50 represents a request by PLC to construct a 95,830 square foot
commercial center which includes 7,767 square feet of restaurant space. Outdoor dining and 20
percent compact parking spaces are also proposed (100 compact spaces out of 521 total parking
spaces). Variance No. 98-24. represents a request by PLC to allow one exiting lane in lieu of two at
the main driveway off Goldenwest Street. All aspects of this project, with the exception of the
requested variance, meet or exceed minimum development standards. The center has been designed
to be compatible with the surrounding area in terms of architecture, land use and circulation.
Adequate parking has been provided. Staff supports the proposed compact parking spaces and the
variance to allow one exiting lane in lieu of two at the main driveway because of the specific design
of the center.
STAFF RECOMMENDATION:
Staff recommends approval of the project based on the following:
• It is consistent with the goals, policies, and objectives of the General Plan and its Land Use
Element designation of Commercial which permits the proposed development.
• It meets or exceeds the development standards in the Holly-Seacliff Specific Plan and the
Huntington Beach Ordinance Code, except for the variance requested.
• The project is designed to be compatible with the area with the provision of adequate setbacks,
landscape screening, noise mitigation, and an attractive architectural design incorporating
elements found in the area.
• It properly adapts with the surrounding terrain and is physically suitable for the site.
• It will comply with mitigation measures identified in the Environmental Impact Report No. 89-1.
• Adequate parking per code will be provided for the amount of restaurant space proposed.
Restaurants are a common use in commercial centers.
+ Outdoor dining is an appropriate accessory for restaurant uses at this site with the provision of a
courtyard for pads A and B.
• Compact parking up to 20 percent of the total will enhance the appearance of the center by
allowing for larger planters in the interior parking lot. The compact spaces in the main parking
area will be as wide as a regular parking space for ease of movement.
• The main driveway off Goldenwest with one exiting lane in lieu of two meets the intent of code
by providing adequate access while giving consideration to the particular circumstance of this
project. A second exiting lane is not needed because outbound traffic is limited to right turn only
based on traffic volumes and median improvements which prevent an outbound left turn. _
THE PUBLIC HEARING WAS OPENED.
Phillip Ow, 19601 Summer Grove Lane, FANS, spoke in support of the request. Mr. Ow stated that
the developer has been responsive to community and city staff concerns.
Mark Billes, 6796 Turf Drive, Hamptons Homeowner's Association, stated his concern with the
increased noise, light and safety issues the proposed project will bring. He stated that the developer
should increase the height of their walls to eight (8) feet.
PC Minutes—12/8/98 2 (98PCM128)
Andy Pieter, 6916 Turf Drive, Hamptons Homeowner's Association, stated his concern with the
increased noise, light and safety issues the proposed project will bring. Mr. Pieter stated that special
lighting should be dimmed at night, the delivery hours should be restricted, the wall height should be
increased, addition trees should be planted at Garfield Avenue, and the market hours should be
restricted and not open 24 hours a day.
Carole Ann Wall, 8215 Woolburn Drive, FANS, spoke in support of the request stating that the
shopping center would be good for the community.
J.D. Miles, FANS, 19415 Castlewood, FANS, stated that the proposed shopping center should carry a
major chain grocery store and not a specialty grocery store.
Karen Jackle, 6702 Lawn Haven Drive, Seacliff Homeowner's Association, stated concern with the
increased truck traffic and the proposed compact parking.
Bill Holman, 23 Corporate Plaza, Newport Beach, representing applicant, gave a brief zoning history
of the proposed project site. Mr. Holman stated that the applicant has meet with the community, staff
and adjacent residents to discuss their concerns. Since high density residential was a major concern
the applicant reduced the number of residential units. He stated that the proposed parking is above
code requirements. The proposed project meets all setback and height requirements and exceeds
parking and landscape requirements. He stated that the majority of super markets are open 24 hours a
day, which will. generate sales tax for the City. The delivery hours will be limited and a lighting plan
will be submitted subject to the approval of the Police and other Departments. Mr. Holman stated
that they would increase the height of the walls for the Hampton property owners (lots 35-42) if the
Homeowner's Association would participate in the cost.
James Dello Russo, 18815 Rockinghorse Lane, Hamptons Homeowner's Association, stated that he
and other local homeowners and associations are opposed to enlarging the commercial site to 11
acres. He stated that they would prefer a more reasonably sized, community oriented, alternative
food shopping experience that is appropriate for the surrounding neighborhood. Mr. Dello Russo
also stated concern regarding the increased volume of traffic, hours of operation and delivery,
lighting and store signage.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission asked staff about the ability to raise the wall at the Hampton area. Staff stated that
it could be approved by conditional use permit and design review board approval. The Commission
discussed additional conditions of approval to include a public art program for the center, limited
truck delivery hours and the inclusion of the environmental impact report's mitigation measures.
PC Minutes — 12/8/98 3 (98PCM128)
A MOTION WAS MADE BY CHAPMAN, SECONDED BY KERINS, TO APPROVE
CONDITIONAL USE PERMIT NO.98-50 AND VARIANCE NO.98-24 WITH FINDINGS
AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle
NOES: None
ABSENT: Inglee, Tillotson, Speaker
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-50:
I. Conditional Use Permit No. 98-50 for the establishment, maintenance and operation of. (a) a
95,830 square foot commercial center which includes 7,767 square feet of restaurant space; (b)
outdoor dining; and (c) 20 percent 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. Noise impacts will be mitigated by significant building setbacks, fully enclosed loading areas,
landscaping, and an eight (8) foot high block wall where the project abuts residential
development. Lighting will be directed to not spill onto other properties and a two phase
lighting plan will be evaluated.
b. Adequate parking will be provided for the center.
c. Outdoor dining is a typical accessory to a restaurant. An outdoor dining plan is required to be
submitted for review by staff to assure adequate pedestrian and handicap access.
d. The compact parking spaces are distributed throughout the site and help enhance the
appearance of the project by allowing for larger planters within the interior parking lot" 'The
compact parking spaces in the main parking lot will have the same width as a regular parking
space to allow ease of movement.
e. The project will comply with mitigation measures outlined in Environmental Impact Report
No. 89-1.
f. The project will include a public art element which will improve aesthetics in the immediate
vicinity.
2. The conditional use permit will be compatible with surrounding uses because the project is
buffered from the surrounding development by Garfield Avenue to the north and Goldenwest
Street to the east. A condition of approval requires the developer to financially participate in a
wall extension for the eight lots directly across from the project site on Garfield. A noise analysis
was submitted indicating that the project will have adequate noise mitigation. Truck delivery will
be limited to the hours of 7 a.m. through 9 p.m. per conditions of approval. Restaurants with
outdoor dining are commonly found in commercial centers.
PC Minutes—12/8/98 4 (98PCM128)
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3. The proposed conditional use permit will comply with the provisions of the base district and other
applicable provisions in the Holly-Seacliff Specific Plan and the Huntington Beach Ordinance
Code and any specific condition required for the proposed use in the district in which it would be
located, except for any variances approved concurrently. The project as proposed and modified
by the conditions of approval meets or exceeds the minimum development standards. The
development is 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 Commercial on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
a. Provide for the timing of residential, commercial, and industrial development coincident with
the availability of adequate market demand to ensure economic vitality. (LU 1.1)
b. Promote the development of residential, commercial, industrial, and public buildings and sites
that convey a high quality visual image and character. (LU 4.1)
c. Accommodate existing uses and new development in accordance with the Land Use and
Density Schedules. (LU 7.1.1)
d. 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. (LU 10.1.6)
FINDINGS FOR APPROVAL - VARIANCE NO.98-24:
1. The granting of Variance No. 98-24 to allow one exiting lane in lieu of two at the main
entrance/exit off Goldenwest will not constitute a grant of special privilege inconsistent with
limitations upon other properties in the vicinity and under an identical zone classification. Based
on the traffic volumes and median improvements on Goldenwest Street, a second exiting lane is
unnecessary since outbound traffic is limited to right turn only.
2. Because of special circumstances applicable to the subject property, including 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 median improvements on Goldenwest Street prohibit outbound traffic from
turning left which makes a second exiting lane unnecessary.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. It will allow the commercial center to be developed with a main entrance and
exit which is properly adapted to the circulation in the area.
PC Minutes—12/8/98 5 (98PCM128)
4. The granting of the variance will not be materially detrimental to the public welfare or injurious
to property in the same zone classification. Adequate access is still provided to the project.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with the
Land Use Element designation of Commercial on the subject property which permits the
development.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-50/ VARIANCE
NO. 98-24:
1. The site plan received and dated November 19, 1998 and the elevations received and dated
September 28, 1998 shall be the conceptually approved layout with the following modifications:
a. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan or grading 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)
b. 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)
c. 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.
d. Delete the parking space which is closest to the secondary entrance off Goldenwest Street
near pad site A.
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. Submit three (3) copies of the site plan and floor and the processing fee to the Planning
Division for addressing purposes.
PC Minutes—12/8/98 6 (98PCM128)
f]
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c. All Fire Department requirements shall be noted on the building plans as follows:(FD)
1) Automatic fire sprinkler systems shall be installed throughout. Shop drawings shall be
submitted and approved by the Fire Department prior to system installation.
2) A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and
approved by the Fire Department prior to system installation.
3) A fire alarm system shall be installed and provided with the following: (a) water flow,
valve tamper, and trouble detection, (b) 24-hour supervision, (c) audible alarms, (d)
smoke detectors.
4) Fire extinguishers will be installed and located in areas to comply with the HBFC
standards.
5) 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 eight (8) hydrants (City
Specification 407).
6) Elevators shall be sized to accommodate an ambulance gurney. The minimum dimensions
are 6'-8" wide by 4'-3" deep with a minimum 42" opening.
7) Fire lanes shall be designated and posted to comply with City Specification 415.
8) Address numbers shall be installed to comply with City Specification 428.
9) Fire access roads shall be provided in compliance with City Specification 401. Include
the Circulation Plan and dimensions of all access roads.
10) Submit a fire protection plan (during construction) detailing access and water supply in
compliance with City Specification 426 for Fire Department approval.
11) Exit signs and exit path markings shall be provided in compliance with the HBFC and the
California Administrative Code, Title 24.
12) The project shall comply with all provisions of the HBFC and City Specification 422
(Well Abandonment).
13) The project shall comply with all provisions of the HBMC Section 17.04.085 and City
Specification 429 (Methane District Building Permit Requirements).
d. An engineering geologist shall be engaged to submit a report indicating the ground surface
acceleration from earth movement for the subject property. All structures within this
development shall be constructed in compliance with the g-factors as indicated by the
geologist's report. Calculations for footings and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to the issuance of building permits.
(Code Requirement)
e. A planned sign program for all signage shall be submitted to the Planning Department. Said
program shall be approved prior to the first sign request.
f. The elevations, colors, and materials of the project, including plans for public art shall be
reviewed and approved by the Design Review Board.
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. (PW )
PC Minutes — 12/8/98 7 (98PCM128)
b. Blockwall/fencing plans shall be submitted to and approved by the Planning Department.
Double walls shall be prohibited. 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. The plans shall include section
drawings, a site plan and elevations. The plans shall identify materials, seep holes and
drainage.
C. Hydrology and hydraulic studies shall be submitted for Public Works approval. The
developer shall design and construct drainage improvements as required by the Department of
Public Works to mitigate impact or increased runoff due to development, or deficient,
downstream systems. (PW)
d. A sewer study shall be submitted for Public Works approval. The developer shall design the
sewer system required to serve the development. (PW)
e. A detailed soil analysis shall be prepared by a qualified registered engineer. This analysis
shall include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, liquefaction, chemical and fill properties, foundations,
pavement sections, retaining walls, streets, and utilities. (PW)
f. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Registered Civil or Environmental Engineer. All catch basins shall be grated.
Storm water shall run through clarifiers. (PW)
g. The on -site sewer and storm drain system shall be private and maintained by the shopping
center. (PW)
h. 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. These plans must be approved by the Department of Public
Works. (PW) -
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 Planning. 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 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)
PC Minutes—12/8/98 8 (98PCM128)
b. Submit a copy of the recorded parcel map for the site to the Planning Department.
c. All applicable Public Works fees shall be paid. (PW)
d. Submit an outdoor lighting plan for the site, including loading areas, for review and approval
by the Public Works, Police, and Planning Departments. Calculations in support of the
selected lighting plan shall be submitted for review and approval. 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 (including height and shielding detail).
Project lighting shall include reduced light levels after 10:00 p.m., if possible, to the
satisfaction of the Public Works, Police, and Planning 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 (occupancy), 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 the Building and Safety, and Planning Department.
b. All improvements to the property 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 Planning 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.
PC Minutes — 12/8/98
(98PCM128)
e. The proposed buildings shall be served with water service(s) consisting of domestic meters
(touch read type) and service laterals, sized to meet the minimum requirements set by the
Uniform Plumbing Code (UPC) and the Uniform Fire Code (UFC). The domestic water
service lateral size shall be a minimum of two (2) inches. (PW)
f. The developer shall construct a separate irrigation system (i.e. service, meter and backflow
protection device) to serve the site with reclaimed water, unless otherwise approved in
advance by the Water Division. (PW)
g. Separate backflow protection shall be installed per City of Huntington Beach Water Division
Standards for domestic, irrigation, and fire water services. (PW)
h. All public water facilities shall be located within easements dedicated to the City of
Huntington Beach. (PW)
i. 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 or out of site (behind a building and screened from view). (PW)
j. All on site drainage shall be collected in an on -site storm drain system. Storm drain shall be
located under paved areas and not under landscaped medians. (PW)
k. The storm drain system shall have on -site grate entrances and pass through a clarifier (storm
scepter). (PW)
I. Construct full width ultimate improvements on Goldenwest Street including landscaped
medians, modified signal at Garfield Avenue, new storm drain to serve the site and necessary
modifications to Garfield Avenue at the intersection of Goldenwest Street. The oil pipelines
shall be relocated in an underground vault to be located in the landscape planter adjacent to
Goldenwest Street between the two (2) driveways. No occupancy shall be granted until
Goldenwest Street is fully improved between Summit Drive and Garfield Avenue. (PW)
in. The developer shall provide for a bus turnout on the west side of Goldenwest Street, south of
Garfield Avenue. (PW)
n. The developer shall prepare traffic signing and striping plans for the entrances into the' -
shopping center from Goldenwest Street and Garfield Avenue. (PW)
o. The developer shall provide for the installation of street lights along the frontage of
Goldenwest Street and Garfield Avenue. (PW)
p. A minimum sewer size of six (6) inches VCP shall serve the site. (PW)
q. The most westerly sewer connection to Garfield Avenue shall be moved to fall within the 30
feet wide fire lane exit. (PW)
r. The public art element shall be installed/completed on site.
PC Minutes—12/8/98 10 (98PCM128)
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)
c. The project shall comply with the recommendations of the October 8, 1998 noise analysis
prepared by LSA Associates.
d. Truck operations, deliveries and loading/unloading shall be limited to between the hours of 7
a.m. to 9 p.m. (modified EIR mitigation measure)
8. Prior to commencement of any outdoor dining, the applicant shall submit a comprehensive
outdoor dining plan for review and approval by the Planning Department.
9. Development on the fast food pad site requires a conditional use permit approval from the Zoning
Administrator. Architecture for this development shall match that of the rest of the center.
10. A public art element shall be included in the project.
11. If the homeowners of the Hamptons tract across Garfield Avenue acquire monies to raise the
height of the wall along Garfield and prepare construction plans and obtain all required approvals
and permits, the developer of this project shall contribute to the cost of increasing the height of
the wall facing Garfield up to 8 feet for lots 35 through 42.
12. All mitigation measures of Environmental Impact Report No. 89-1 shall be complied with.
13. 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 REQUIREMENTS:
1. Conditional Use Permit No. 98-50 and Variance No. 98-24 shall not become effective until the
ten day appeal period has elapsed.
2. Conditional Use Permit No. 98-50 and Variance No. 98-24 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 Planning Department a
minimum 30 days prior to the expiration date.
PC Minutes — 12/8/98 11 (98PCM128)
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-50 and
Variance No. 98-24, 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 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 Building and Safety Department 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 Planning Department within two (2) days of the
Planning Commission's action.
B-2 CONDITIONAL USE PERMIT NO.98-72/TEMPORARY USE PERMIT NO.98-9
(CRYSTALAIRE)•
APPLICANT: Shea Homes
LOCATION: Southeast comer of Ellis and Gothard
PROJECT
PLANNER: Peter Vanek
Conditional Use Permit No. 98-72 and Temporary Use Permit No. 98-9 represent requests by Shea
Homes to construct 98 detached single family homes and establish a three unit model home complex
within Tract 14660. The tract map for this site was approved by the Planning Commission in
December, 1997. Three plan types are proposed, with three elevation treatments proposed within
each plan type. Each plan type has several different buyer options which in some instances will alter
the number of bedrooms. All Plan 1 product types provide a two car garage with four bedrooms.
The Plan 2 and Plan 3 product types provide three car garages with options for up to five bedrooms.
The proposed units range in size from 3,037 to 3,193 square feet and meet all development standards
of the Holly Seacliff Specific Plan as conditioned.
PC Minutes—12/8/98 12 (98PCM128)
STAFF RECOMMENDATION:
Staff recommends approval of the project, for the following reasons:
• The project is consistent with the goals and objectives of the General Plan, incorporating creative
design that results in an attractive and viable residential area.
• The project will provide variable front elevations and setbacks through the incorporation of three
plan types and three distinct elevation treatments within each plan type, providing a varied
streetscape.
• The project will not be detrimental to the general health, welfare and safety, nor detrimental or
injurious to the value of property and improvements of the neighborhood or the City in general.
The project is compatible with existing land uses and will be provided with the necessary
infrastructure. In addition, adequate parking will be provided for project residents.
• The project meets or exceeds the residential development standards of the Holly Seacliff Specific
Plan.
• The project is consistent with the previously approved Tentative Tract No. 14660.
THE PUBLIC HEARING WAS OPENED.
Ron Metzler, 603 S. Valencia Avenue, Brea, representing applicant, stated that he concurred with
staff s report and recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY BIDDLE, SECONDED BY CHAPMAN TO APPROVE
CONDITIONAL USE PERMIT NO.98-72 AND TEMPORARY USE PERMIT NO.98-9
WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES:
Chapman, Livengood, Kerins, Biddle
NOES:
None
ABSENT:
Inglee, Tillotson, Speaker
ABSTAIN:
None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-72:
1. Conditional Use Permit No. 98-72 for the establishment, maintenance and operation of 98 two
story, detached single family homes on existing lots 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 proposed grading, site layout and design of the project
properly adapts the proposed structures to street, driveways, and other adjacent structures and
uses in a harmonious manner. Due to site characteristics, such as landscape areas and lot
orientation, there is adequate setback from sidewalks and streets.
PC Minutes—12/8/98 13 (98PCM128)
2. The conditional use permit will be compatible with surrounding uses which are residential and
industrial. The project is surrounded on three sides by existing streets and by the transportation
corridor on one side and therefore will not be directly adjacent to another development.
3. The proposed 98 single family homes will comply with the provisions of the base district and
other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required
for the proposed use in the district in which it would be located. The proposed residential units,
as conditioned, meet all code provisions, including lot size, setbacks, density and parking. The
project will comply with the mitigation measures of Environmental Impact Report No. 89-1.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Residential Medium Density on the subject
property. In addition, it is consistent with the following goals and policies of the General Plan:
LU9.1.2: 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.
d. Encourage innovative and creative design concepts.
FINDINGS FOR APPROVAL — TEMPORARY USE PERMIT NO.98-9
1. Temporary Use Permit No. 98-9 for the establishment, maintenance and operation of the model
home complex 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.
Adequate parking and directional signage will be provided for the use.
2. The temporary use permit will be compatible with surrounding uses because the area is approved
for detached single family residential units.
3. The proposed use will comply with the provisions of the base district and other applicable r
provisions in Titles 20-25 of the Huntington Beach Ordinance Code and any specific condition
required for the proposed use in the district in which it would be located.
4. The granting of the temporary use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Medium Density Residential on the subject
property. In addition, it furthers the General Plan to provide a mix of housing types within the
City.
CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO 98-72:
1. The floor plans and elevations received and dated September 2, 1998, site plan and wall and fence
plan received and dated November 5, 1998, and the model home complex plan received and dated
November 12, 1998, shall be the conceptually approved layout with the following modifications:
PC Minutes—12/8/98 14 (98PCM128)
a. 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)
b. The model home complex site plan shall be modified to reflect a minimum back up width of
26 feet behind the required parking stalls and a minimum setback of 18 feet to the garage on
lot 62.
c. The model home complex site plan shall be modified to indicate that the arbor located at the
front of lot 60 will be removed within 30 days following the close of escrow of the last unit.
d. The vicinity map provided on the model home complex site plan shall indicate the location of
the models and sales trailer within the tract.
e. 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)
f. The view fencing adjacent to the transportation corridor shall incorporate a low block wall a
minimum of two (2) feet in height and a maximum of three (3) feet in height with pilasters a
minimum of 30 feet on center.
g. The floor plans shall provide handrails at the bottom of the stairways per Section 1006.9 of
the 1994 Uniform Building Code.
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. All Fire Department requirements shall be noted on the building plans. (FD)
c. 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.
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. (PW)
b. Final design elevations of grading shall not vary from elevations shown on the tentative map
by more than one (1) foot.
PC Minutes—12/8/98 15 (98PCM128)
c. 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 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. (PW)
d. Blockwall/fencing plans shall be submitted to and approved by the Planning Department. 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 grading permit shall be issued by the Department of Public Works. (PW)
c. Final Map No. 14660 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 $5,000 cash bond shall be posted with the City to guarantee compliance with the conditions
of approval.
5. Prior to combustible construction, the following shall be completed:
a. All roadways shall be completed to the base course of asphalt. (FD)
b. All required fire hydrants within the project area shall be installed. (FD)
c. The water system shall be installed. (PW)
6. 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.
11
PC Minutes—12/8/98 16 (98PCM128)
7. Prior to final building permit inspection and approval of the first residential unit, the following
shall be completed:
a. All improvements to the property shall be completed in accordance with the approved plans
and conditions of approval specified herein, including:
1) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
2) Address numbers will be installed to comply with City Specification No. 428. (FD)
3) Fire access roads will be provided in compliance with the Huntington Beach Fire Code
and City Specification #401. (FD)
b. Backflow devices shall be required for all dwelling units required by the Fire Department to
have fire sprinklers. Additionally, all structures over two stories in height shall require a
backflow device. All backflow devices shall be accessible for maintenance and 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.
c. Each proposed dwelling unit shall require a separate domestic meter and service located
within the public right-of-way or within a public easement dedicated to the City of
Huntington Beach. Each meter shall have the unit number it serves stamped into the
adjacent concrete in 3/4 inch high letters. All domestic water meters shall be sized in
accordance with the Uniform Plumbing Code and requirements of the City of Huntington
Beach Building Division and Fire Department. (FD)
d. Compliance with all conditions of approval and specific code requirements specified herein
shall be accomplished and verified by the Planning Department.
e. 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.
f. The developer shall clean the downstream drains and desilting basin within the tract, located
south of Ellis Avenue. (PW)
g. 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, liquefaction, chemical and fill properties, foundations,
retaining walls, streets, and utilities. (PW)
h. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. Said plan shall be made a part of the
CC&R's. (PW)
PC Minutes — 12/8/98 17 (98PCM128)
i. Tl,- .olicant shall submit information detailing the options (if any) to be constructed on the
Plan 3 product type. In the event that any of the Plan 3 lots will include five bedrooms or
more, the driveways shall be modified to include a minimum of three open parking spaces.
8. The sales office shall be discontinued within 30 days following the close of escrow of the last
unit.
9. The sales office shall not be converted or expanded into a general business office for the
contractor or developer.
10. The temporary sales trailer shall be removed upon completion of the model homes.
11. Temporary signs and flags shall be permitted as part of the temporary use permit approval. The
signs and flags shall be immediately removed upon the close of escrow of the last unit. The signs
and flags shall comply with the maximum height and size provisions of the zoning code.
12. All Conditions of Approval of Tentative Tract No. 14660 shall apply.
13. The project shall comply with all applicable mitigation measures of EIR No. 89-1.
14. 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:
1. Conditional Use Permit No. 98-72 and Temporary Use Permit No. 98-9 shall not become
effective until the ten day appeal period has elapsed.
2. Conditional Use Permit No. 98-72 and Temporary Use Permit No. 98-9 shall become null and
void unless exercised within one year of the date of final approval or such extension of time as
may be granted by the Director pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-72 and
Temporary Use Permit No. 98-9, pursuant to a public hearing for revocation, if any violation of
these conditions or the Holly Seacliff Specific Plan or Municipal Code occurs.
4. The project shall comply with the Affordable Housing Plan for the Holly Seacliff area. Final
inspection 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.
5. All applicable Public Works fees shall be paid. (PW)
6. Traffic Impact Fees shall be paid, or accrued credits assigned, at the time of final inspection.
(Pw)
PC Minutes—12/8/98 18 (98PCM128)
1
7. An encroachment permit shall be required for all work within the right-of-way. (PW)
8. 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.
9. All new and any existing utilities shall be installed underground. (PW)
10. 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.
11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
12. 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.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED OCTOBER 27,1998
Item C-I was deferred to the next scheduled meeting.
D. NON-PUBLIC HEARING ITEMS
NONE
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
NONE
E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Chapman — requested staff to investigate the adjacent property located to the
south of the recently approved Furhman residence to see if the fill is five (5) feet higher than
Furhman's property and if this will cause drainage problems leading to delay in the property
build out. Staff stated that they would investigate and report back.
Commissioner Livengood — presented to the Commission a memo describing the Planning
Commission Recommended Action for the Meadowlark Project that he would like forwarded
to the City Council. He requested that the Commission review the action and report any
changes they may have to him.
Commissioner Biddle — asked staff to explain the purpose of 36 inch pipe line at Edwards
Avenue. Dave Webb, Public Works, stated that the pipe is to be used for a wildlife corridor to
cross Edwards Street.
PC Minutes—12/8/98 19 (98PCM128)
1
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefsky. Director of Planning — stated that Mayor Peter Green had taken office at
the last City Council meeting. Mr. Zelefsky also stated that the Planning Commission
Institute would be held in Monterey, California this year March 24-26, 1999.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
NONE
G. ADJOURNMENT —Adjourn to annual Holiday Party at Duke's restaurant on the
Huntington Beach Pier and then to the regularly scheduled meeting of January 12, 1999
meeting. The December 22,1998 meeting has been cancelled
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO ADJOURN TO
THE ANNUAL HOLIDAY PARTY AT DUKE'S RESTAURANT, HUNTINGTON BEACH,
AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING OF
JANUARY 12, 1999, AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle
NOES: None
ABSENT: Inglee, Tillotson, Speaker
ABSTAIN: None
MOTION PASSED
/kjl
APPROVED BY:
Ho and Zelefs y Se etary
Plan in o ission Chairperson
PC Minutes — 12/8/98
20
(98PCM128)