HomeMy WebLinkAbout1999-01-26MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, JANUARY 26,1999
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:00 PM
(Room B-8)
ENTERTAINMENT PERMIT PROCESS UPDATE (5:00-5:15 PM) — Wayne Carvalho
TSNUMI RESTAURANT CUP (FOR DISCUSSION PURPOSES ONLY) (5:15-5:30 PM) — Fred
Speaker
PCH/GOLDENWEST GPA UPDATE (5:30 — 6:00 PM) — Cindy Chau
AGENDA REVIEW — (6:00 — 6:15 PM) — Herb Fauland
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P P P P P
ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
ANNOUNCEMENT OF NEW COMMISSIONER ED LAIRD
AGENDA APPROVAL
A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO RE -OPEN
THE PUBLIC HEARING FOR ITEM B-4 (CREST VIEW SCHOOL SITE/WAL-MART),
BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
AGENDA APPROVAL
A. ORAL COMMUNICATIONS
None
B. PUBLIC HEARING ITEMS
B-1 CONDITIONAL USE PERMIT NO.98-51/ VARIANCE NO.98-27
(MONTECITO) (CONTINUED FROM THE JANUARY 12,1999 MEETING):
APPLICANT: PLC Land Company, Bill Holman
LOCATION: Northwest corner of Goldenwest Street and Summit Drive
PROJECT
PLANNER: Ricky Ramos
At the January 12, 1999 meeting, the Planning Commission approved Tentative Tract Map No.
15675 to subdivide approximately 23.2 gross acres into 93 numbered lots and 10 lettered lots for
the purposes of developing 91 detached single family residential units. Conditional Use Permit
No. 98-51 and Variance No. 98-27 were continued from the January 12, 1999 meeting to allow
staff to draft conditions restricting the use of the proposed storage rooms for Plans One and Two
to storage only and not parking. Attached are the revised conditions of approval which include
conditions 4(f) and 4(g) which require the applicant to note in the marketing plan, CC&Rs, and
deed restrictions that the storage area in the garages shall not be counted as parking spaces for
the purpose of meeting the City's parking requirements. The applicant is agreeable to these
conditions and is withdrawing the variance request to allow a single -car compact sized garage for
Plan Two in addition to a regular sized two -car garage. The applicant has revised the site plan
for lots 15 and 41 to reflect a 25 foot back-up space per code for the compact side -entry storage
room in case property owners choose to park in that space.
STAFF RECOMMENDATION:
Staff recommends acceptance of the withdrawal of the variance and approval of the conditional
use permit 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 frdnt
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.
The gated access will not compromise public safety nor detract from the visual character of
the project.
The Commission discussed the turning radius into the storage area and why it was 25 feet if a
normal car cannot fit. Staff stated that even though restricted some might park there and this
would allow them a safe turning radius. The Commission also stated that reclaimed water is not
available yet and asked staff to include the words "if available" in the appropriate conditions of
approval.
THE PUBLIC HEARING WAS RE -OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED.
PC Minutes—1/26/99 2 (99PCM126)
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO ACCEPT
THE WITHDRAWAL OF VARIANCE NO.98-27 AND APPROVE CONDITIONAL USE
PERMIT NO.98-51 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL,
BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-51:
1. Conditional Use Permit No. 98-51 for the establishment, maintenance and operation of the 91
single family homes and for gated access 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. 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.
b. The project includes a 15 foot wide perimeter landscape buffer and a tract wall consistent
with the HSSP Design Guidelines for a cohesive appearance that blends in with the
surrounding area.
c. The gated access will enhance the image of the development without compromising safety.
It will comply with all applicable requirements of the Fire Department for emergency
access.
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 west side. An eight foot high wall, densely landscaped
planter, a minimum building setback of 45 feet, and fully enclosed loading areas for the
adjacent proposed commercial center provide adequate buffering. 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 Holly-Seacliff Specific Plan and 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 except for the
variance requested. The proposed gates will comply with Fire Department requirements for
emergency access.
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:
PC Minutes — 1/26/99 3 (99PCM126)
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.
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 an increase in front yard setbacks, sidewalk widths, and the inclusion of
landscaped parkways, especially in neighborhoods where the street width is reduced.
C. RCS 3.1.2 — Provide a variety of amenities within recreation areas in order to
accommodate persons with different interests.
FINDINGS FOR PROJECTS EXEMPT FROM CEOA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15182 of the CEQA Guidelines, because the proposal is a
residential project undertaken pursuant to and in conformity with a specific plan covered under
Environmental Impact Report No. 89-1 which was certified by the City Council on January 8,
1990.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-51:
1. The site plan received and dated December 10, 1998, fence plan received and dated
September 24, 1998, and floor plans and elevations received and dated November 30 ,1998
shall be the conceptually approved layout with the following modifications:
a. The perimeter tract wall along Garfield Avenue and Goldenwest Street (lot 36 only) shall
be increased to eight (8) feet high.
b. All street side yard walls shall be setback a minimum of five feet (lots 8, 45, 69, 70, and
91).
c. The wrought iron fence along the main entry shall follow the outline of the private
landscape parcels.
d. The site plan for lot 75 shall provide the minimum rear yard setback.
e. The side yard projections (master bath, TV niche) for Plans One and Three must be
cantilevered and not have floor area. Otherwise, they must comply with setbacks. These
projections shall be shown on the site plan with the setback.
PC Minutes—1/26/99 4 (99PCM126)
1
f. Eaves for Plans 1C and 3A shall be reduced to 2.5 feet and meet setbacks.
g. The water heater for Plans One and Two shall be relocated to provide a minimum
unobstructed parking area 18 feet wide and 19 feet long for two parking spaces.
h. Delete any reference to a second garage for Plan Two. Delete any reference to a 5t' or 6t'
bedroom for Plan Three.
i. The den for Plans Two and Three must be at minimum 50 percent open to an adjacent
room or hallway so as not to count as a bedroom.
j. 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)
k. 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 second 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)
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 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 seven (7) hydrants (City
Specification 407).
2)
Security gates shall be designed to comply with City Specification 403.
3)
Address numbers shall be installed to comply with City Specification 428.
4)
Street names must be approved by the Fire Department prior to use per City
Specification 409.
5)
The project shall comply with all provisions of the HBFC and City Specification 422
(Well Abandonment).
6)
The project shall comply with all provisions of the HBMC Section 17.04.085 and
City Specification 429, Methane District Building Permit Requirements.
PC Minutes—1/26/99 5 (99PCM126)
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.6-20, 30-48, 67-72, 87-91. (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.
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 soil analysis shall be prepared by a qualified 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 BUT and education "
information shall be included in the CC&Rs. All catch basins shall be grated. (PW)
d. Block wall/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.
e. The grading of the public park shall be modified to have the park lower than the grade of
Summit Drive. Any slope requirement shall be adjacent to Street "C" and be part of the
H.O.A., north of the fenced area.
PC Minutes—1/26/99 6 (99PCM126)
L
f. 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 bf the plans. (PW)
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
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)
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. 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)
e. 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.
f. The applicant shall submit the final marketing plan for this development which shall
indicate that all three house plans have two -car garages only with extra storage area that
does not count as parking to comply with code. It shall also indicate that no additional
bedroom can be constructed beyond the maximum of four existing bedrooms either
through interior or exterior alterations without providing additional parking per code.
PC Minutes — 1/26/99 7 (99PCM126)
g. The applicant shall submit recorded CC&Rs and deed restrictions on the property
indicating that all three house plans have two -car garages only with a storage space and
that no additional bedroom can be added beyond the maximum of four existing bedrooms
either through interior or exterior alterations without providing additional parking per
code. It shall also note that the excess storage area for all three house plans does not
count towards the required parking because they are substandard in interior dimension
size per the zoning code. At least 60 days prior to the issuance of the first building
permit for a house, the applicant shall submit the CC&Rs and deed restriction to the
Planning Department for approval as to form and content by the Planning Department
and the City Attorney prior to recordation.
S. 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, if available, 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. Reclaimed water, if available, shall be utilized in the public park.
L
I.
PC Minutes—1/26/99 8 (99PCM126)
e. All existing overhead utilities, except for 66KV lines, shall be installed underground in
accordance with the City's Underground Utility Ordinance. In addition, all electrical
transformers shall be installed underground.
f. Installation of all public park facilities shall be completed and approved prior to
occupancy and release of the first unit.
g. Full street improvements on Goldenwest Street between Summit Drive and Ellis Avenue,
and Garfield Avenue between Saddleback Lane and the westerly boundary of the
shopping center shall be constructed prior to occupancy release of the first unit.
h. The developer shall provide for the installation of street lights along the frontage of
Goldenwest Street, Garfield Avenue and within all the subdivision internal streets per
City of Huntington Beach guidelines.
i. The developer shall prepare traffic signing and striping plans for the entrances into the
subdivision.
j. The developer shall provide for 11 pullout public parking spaces along Summit Drive and
30 public parking stalls on site.
k. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein.
1. 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 conditions of Tentative Tract Map No. 15675 shall be complied with.
8. The development shall comply with all applicable mitigation measures of Environmental
Impact Report No. 89-1.
9. 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.
PC Minutes — 1/26/99 9 (99PCM126)
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
1. Conditional Use Permit No. 98-51 shall not become effective until the ten day appeal
period has elapsed.
2. Conditional Use Permit No. 98-51 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. 98-51,
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.
7
PC Minutes—1/26/99 10 (99PCM126)
B-2 CONDITIONAL USE PERMIT NO.98-53/COASTAL DEVELOPMENT PERMIT
NO.98-18/VARIANCE NO.98-22 (PEDESTRIAN OVERCROSSIN(j)
(CONTINUED FROM THE NOVEMBER 24,1998 MEETING):
APPLICANT: City of Huntington Beach, Community Services Department
LOCATION: Pacific Coast Highway approximately midway between Beach
Boulevard and Twin Dolphin (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. However, 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 — 1/26/99 11 (99PCM126)
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 Commission discussed the materials that would be used for the project which included
decorative metal railing, pre -cast concrete molding, concrete walls, concrete post with custom
decorative light fixture and wire mesh fencing. Staff explained that the wire mesh fencing would
be one (1) inch by one (1) inch mesh using 10 gauge wire. The also discussed maintenance of
the overpass, and staff explained the developer would assume all responsibilities for
maintenance.
Commissioner Kerins stated that the Design Review Board had reviewed the request, made
suggested amendments and they had been incorporated into the design presented.
THE PUBLIC HEARING WAS OPENED.
Steve Bone, Robert Mayer Corporation, 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.
PC Minutes—1/26/99 12 (99PCM126)
A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE
CONDITIONAL USE PERMIT NO.98-53, COASTAL DEVELOPMENT PERMIT NO.
98-18 AND VARIANCE NO.98-22 WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING'VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL — CONDITIONAL USE PERMIT NO.98-53:
1. Conditional Use Permit No. 98-53 for the development of a pedestrian overcrossing will not
be detrimental to the general welfare of persons residing in the vicinity nor be detrimental to
the value of property and improvements in the neighborhood. The project has been evaluated
for compatibility with the surrounding neighborhood. The project is visually compatible
with the neighborhood and will improve public access to the beach.
2. The conditional use permit will be compatible with surrounding uses because it is designed
with a Spanish/Mediterranean theme, which is compatible with the Downtown Design
Guidelines. The project provides architectural elements and features to enhance the
pedestrian character and scale of the street scene in the surrounding neighborhood. The
project is a major public improvement that is compatible with other downtown development.
3. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designations of CV, Commercial Visitor and OS-S,
Open Space -Shore. In addition, it is consistent with all of the specific goals, policies and
objectives stated in this staff report.
4. The proposed pedestrian overcrossing will comply with the provisions of the Downtown
Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning
and Subdivision Ordinance and any specific condition required for the proposed use in the
district in which it would be located.
FINDINGS FOR APPROVAL — COASTAL DEVELOPMENT PERMIT NO.98-18:
1. Coastal Development Permit No. 98-18 for the development project, as proposed by
Variance No. 98-22 or modified by conditions of approval, conforms with the General Plan,
including the Local Coastal Program.
2. With the approval of Variance No. 98-22 the project will be consistent with the requirements
of the base zoning district, as well as other applicable provisions of the Municipal code.
3. At the time of occupancy, the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. All necessary infrastructure
currently exists at the site.
4. The development conforms to the public access and public recreation policies of Chapter 3 of
the California Coastal Act. The proposed project will not impact public views or access to
coastal resources, rather the views and access will be improved with the construction of a
pedestrian overcrossing providing improved views of coastal resources.
PC Minutes — 1/26/99 13 (99PCM126)
FINDINGS FOR APPROVAL — VARIANCE NO. 98-22:
1. The granting of a variance to allow a lantern element to exceed the maximum height
requirement (56'-6" in lieu of 40') for a non-public safety element of the overcrossing will
not constitute a grant of special privilege inconsistent with limitations upon other properties
in the vicinity and under an identical zone classification. Several existing and approved
buildings in the vicinity exceed the height of the proposed elevator tower.
2. Because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the 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 granting of the variance is appropriate given the
unique quality of the overcrossing design and special circumstances of the size and finish
grade elevation of the adjacent hotel development.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. An exception to the building height standard enhances visual resources by
providing a public view plaza directed towards the pier and a design that is compatible with
the high quality architecture of the Waterfront Hilton Ocean Grand Resort.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification and is consistent with the General Plan.
The project provides a safe means for pedestrians to cross Pacific Coast Highway and access
the beach. The design of the elevator tower contributes to an aesthetically pleasing
environment in a manner that is consistent with goals and policies of the General Plan.
CONDTIOONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-53/ COASTAL
DEVELOPMENT PERMIT NO.98-53/VARIANCE NO.98-22:
1. The site plan, elevations and conceptual landscape plan received and dated July 10, 1998
(Revised 11/16/98), shall be the approved layout with the following modifications: (Ping.)
a. A low solid wall shall be placed near the lower elevator door opening to help screen sand
from blowing into the elevator. (DRB)
b. The words "Huntington Beach" shall be added to the sides of the overcrossing. Such
words would be permanently cast into the concrete of the overcrossing. (DRB)
c. The use of textured concrete surfaces shall be used to discourage skateboarders subject to
ADA requirements. (PD)
d. Adequate provisions will be made for lighting at the elevator entry. (PD)
e. The solid outside sidewall of the circular stairway will be modified with a series of
openings (e.g. arch shapes). (PD)
2. The applicant shall process a permit application through Caltrans for approval to construct
the overcrossing over Pacific Coast Highway (PCH), a State highway. (PW)
r�
PC Minutes—1/26/99 14 (99PCM126)
3. Since the beach side structure is shown to be over an existing Orange County Sanitation
District trunk sewer and easement, the applicant shall obtain approval of the Orange County
Sanitation District to construct the facility as shown. (PW)
4. All securities are required to be posted and plan check and permit fees are required to be paid
to the City prior to the start of construction on any part of the proposed improvements. (PW)
5. Prior to issuance of a building permit the following shall be required:
a. The design, plans and material specifications for the pedestrian overcrossing structure,
connecting pedestrian walkways, and the improvements on the ocean side of PCH within
the City's beach parking lot shall be approved by the City Engineer, the Building &
Safety Director, and the Director of Community Services prior to the issuance of a permit
for any work within public right-of-way.
b. Since the structure is located in a highly corrosive environment, all exposed materials,
apparatus and equipment to be installed as part of the structure shall be approved by the
city Engineer. The type of material and coatings shown on the schematic drawings
submitted with the application will be subject to approval by the City Engineer.
c. A license and maintenance agreement shall be entered into with the City for the
developer of the Waterfront Development to maintain the entire overcrossing structure
and connecting walkways. The agreement shall be approved prior to issuance of any
permits for construction of the overcrossing.
d. A City encroachment permit shall be obtained for all work within City right of
way/property.
7. Prior to final building permit inspection the following shall be completed:
a. A public pedestrian walkway shall be dedicated and improved to connect the sidewalk
along the inland side of PCH to the pedestrian overcrossing.
b. An easement(s) shall be dedicated to the city to accommodate the public sidewalk and the
pedestrian overcrossing on the inland side of PCH.
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.
PC Minutes — 1/26/99 15 (99PCM126)
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
1. Conditional Use Permit No. 98-53 and Variance No. 98-22 shall not become effective until
the ten day appeal period has elapsed; Coastal Development Permit No. 98-18 shall not
become effective until the California Coastal Commission has been notified and their ten
working day appeal period has elapsed.
2. Conditional Use Permit No. 98-53, Coastal Development Permit No. 98-18 and Variance
No. 98-22 shall become null and void unless exercised within one year of the date of final
approval or such extension of time as may be granted by the Director pursuant to a written
request submitted to the Department of Community Development a minimum 30 days prior
to the expiration date. Should Coastal Development Permit No. 98-18 be appealed,
Conditional Use Permit No. 98-53 and Variance No. 98-22 shall expire concurrently with
the expiration date of Coastal Development Permit No. 98-18.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-53,
Coastal Development Permit No. 98-18 and Variance No. 98-22, 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. 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. -
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
7. 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
Court of Orange and submitted to the Planning Department within two (2) days of the
Planning Commission's action.
PC Minutes—1/26199 16 (99PCM126)
1
1
B-3 ANNUAL REVIEW OF THE HOLLY SEACLIFF DEVELOPMENT
AGREEMENT:
APPLICANT: City of Huntington Beach
LOCATION: Approximately 450 acres located between Ellis Avenue on the north,
Huntington Street on the east, Edwards Street on the west and the
Seacliff Golf Course on the south.
PROJECT
PLANNER: Mary Beth Broeren
The Holly Seacliff Development Agreement No. 90-1 requires the Developer to prepare an
annual monitoring report and requires staff to prepare a compliance report. The purpose of these
reports is to ascertain good faith compliance by the Developer and the City with the terms of the
Agreement and evaluate the annual progress associated with required improvements in the Holly
Seacliff area.
This is the eighth consecutive review of Development Agreement Compliance. Staff has
reviewed the 1998 annual monitoring report prepared by PLC and the actions of the other owners
and has determined that the developers are in compliance with the requirements of the
Development Agreement.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission determine that the developers are in
compliance and forward the report to the City Council for review and approval.
THE PUBLIC HEARING WAS OPENED.
Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, representing applicant, provided
a summary of actions taken by the company in the last year.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commissioners asked questions regarding: the timing of the proposed water reservoir,
construction of the north side of Ellis Ave., completion of the third neighborhood park and traffic
impact fees.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO
DETERMINE THAT THE DEVELOPER IS IN COMPLIANCE WITH THE HOLLY
SEACLIFF DEVELOPMENT AGREEMENT, APPROVE THE 1998 COMPLIANCE
REPORT AND FORWARD TO THE CITY COUNCIL FOR REVIEW AND
ACCEPTANCE, BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood
NOES: Mandic
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes—1/26/99
17
(99PCM126)
B-4 CONDITIONAL USE PERMIT NO.97-70/VARIANCE 98-18/TENTATIVE
PARCEL MAP NO. 97-161 (CREST VIEW SCHOOL SITE/WAL-MART):
APPLICANT: Greg McClelland, Arnel Retail Group
LOCATION: 18052 Lisa Lane (closed Crest View School/south of Talbert Avenue,
approximately 300 feet east of Beach Boulevard)
PROJECT
PLANNER: Jane Madera
On October 27, 1998 the Planning Commission recommended denial of the applicant's request to
amend the land use designations from Public -Semipublic to General Commercial on the Crest
View School site. The Planning Commission also recommended denial of the certification of the
accompanying EIR, which analyzed, disclosed, and identified mitigation measures regarding the
potential environmental impacts associated with the proposed project. The proposed EIR and
general plan amendment were automatically forwarded to the City Council for review while the
applicant appealed the Planning Commission's denial of the zoning map amendment so that it
could be heard concurrently with the other requested entitlements. Since the Planning
Commission recommended denial of the land use amendments, the commission never acted on
the actual development proposed for the site.
The City Council approved the requested land use amendments and certified the EIR on
December 14, 1998. A second reading was held on January 4, 1999 and confirmed the Council's
action to change the general plan and zoning to General Commercial. The new general plan
designation became effective immediately upon approval and the new zoning becomes effective
on February 4, 1999. Therefore, the proposed development of a 135,000 square foot Wal-Mart
and three other ancillary retail/restaurant pads are now returned to the Planning Commission for
review.
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use Permit No. 97-70, Variance No. 98-18, Tentative
Parcel Map No. 97-161, and Design Review Board No. 97-8 based on the following reasons:
♦ The proposed project is consistent with the zoning code requirements of General Commercial
with the exception of the variance for design of the main driveway entrance. The project
complies with minimum requirements for parking, landscaping, setbacks, maximum floor
area ratio, maximum height, and design standards to minimize long, uninterrupted expanses
of building wall.
♦ Reciprocal parking and driveway access will be provided between the four subject parcels.
♦ An offer for future reciprocal parking and driveway access will be established across the
entire west property line to facilitate future integration with the Beach Boulevard frontage.
♦ The on -site truck circulation patterns are limited to the northerly portion of the site adjacent
to Talbert Avenue.
PC Minutes—1/26/99 18 (99PCM126)
♦ A substantial landscape buffer with an emergency vehicle access road consisting of turfblock
are provided between the rear of the building and the adjacent residential properties.
♦ The architectural elements of the proposed building, the building projections and arcade
details, the additional landscaping adjacent to the building wall, and the colors and materials
all combine to make the project aesthetically attractive.
♦ A Public Art element will be provided within a publicly accessible area of the project.
♦ The future ancillary retail/restaurant pad buildings will be integrated and architecturally
compatible with the main big box retail building.
♦ The proposed project site will be devoted to a major retail sales tax generating use.
♦ The potential environmental impacts of the project have been evaluated in EIR No. 97-1 and
although unavoidable adverse impacts remain in two categories (Air Quality and Land Use),
the majority of environmental impacts have been mitigated to a less than significant level.
♦ A Statement of Overriding Considerations has been adopted by the City Council which states
that the economic benefits of the project outweigh the unavoidable adverse environmental
impacts resulting from a loss of visual open space and exceedence of air quality standards.
Commissioner Biddle abstained from taking on the proposed request based upon conflict of
interest regulations due to owning property in the area.
Commissioner Laird and Commissioner Mandic stated that they had viewed the videotapes of
the previous Planning Commission meetings pertaining to this proposed request and were
prepared to listen, discuss, and take action on this request.
THE PUBLIC HEARING WAS OPENED.
Tom Love, Amel Retail Group, 949 South Coast, Costa Mesa, representing applicant, stated that
he and other representatives of the applicant would be making their comments relative to the
Major Issues Matrix and disputed several conditions of approval. The other representatives are
Joe Meyer, Wal Mart, 5225 Canyon Crest Drive, #166, Riverside, Greg McClelland, Arnel
Retail Group, 949 South Coast Drive #600, Costa Mesa, WM Parrish, Wal Mart, 431 S.
Albertson Avenue, Covina and Steve Reiner, 545 No. Mountain Avenue, Upland. The applicant
stated that they were opposed to fully enclosing and relocating the delivery dock facility to the
north side of the building, improving access to Lambert Park, limiting the square footage devoted
to display of non-taxable sales items, restricting outdoor sales displays, designing pedestrian
links between the satellite pads and Wal-Mart, restricting delivery hours, and providing raised
landscape medians within Talbert Avenue. The applicant presented a revised truck loading and
unloading site plan.
Robert Cronk, Huntington Beach, spoke in opposition to the request stating that area residents
have filed a Notice of Intention to place this project proposal on the ballot as an initiative, to
return the property to its original zoning. Mr. Cronk also submitted a partial list of mitigation
measures that he felt was needed for inclusion of the proposed project, if approved.
Mark Wilson, 8241 Gladys Avenue, submitted to the Commission a list of conditions that should
be included if the project were to be approved.
Lewis Libman, 8281 Kiner Avenue, stated concern regarding traffic increase causing safety
issues.
PC Minutes — 1/26/99 19 (99PCM126)
Bill Ault, Public Works Director, City of Fountain Valley, 10200 Slater Avenue, stated the City
of Fountain Valley is concerned about the right hand turn only and the increased traffic on
Talbert Avenue. Mr. Ault stated that these issues were not part of the environmental impact
report and need to be addressed.
Debbie Josephson, 18162 Pemberco Circle, spoke in opposition to the request. Ms. Josephson
suggested that Wal Mart be responsible for paying for any necessary mitigation measures and
draining issues assigned to the project. Ms. Josephson also stated that traffic and sidewalk issues
needed further evaluation.
Carmen Olin, 8455 Idlewild Circle, spoke in opposition to the request stated the proposed project
does not belong in a residential area.
Eugenia Van Syckle, 18172 Wharton Street, spoke in opposition to the request stating her
concern with decreased property values and an increase in traffic.
Pat Evans, 18221 Wharton Street, spoke in opposition to the request stating concern with loss of
open space and increased traffic.
Lillian Kawasaki, 8566 Whitefish, stated that the environmental impact report is inadequate. She
stated that the CEQA mandated procedures were not adhered to and are not valid and therefore,
the zone change is illegal. She stated that the Planning Commission must fix the deficiency of
the environmental impact report prior to approving the proposed project.
Connie Boardman, spoke in opposition to the request. She stated the proposed request is not a
compatible use for the area. Ms. Boardman submitted conditions of approval that should be
incorporated into the project if the Planning Commission approves the request.
Mike Nelson, 8051 Sterling Avenue, stated his concern regarding lack of open space on -site,
storm drainage (ponding), public safety, walls not being decorative, a maximum 10 percent non-
taxable sales area and double pain window must be installed for the surrounding residences.
Richard Adams, 8171 Sterling Avenue, spoke in opposition to the request stating that if the
project is approved, double pained windows and air conditioning should be installed for the
surrounding residences.
Pola Toledo -Castillo, 18182 Lisa Lane, stated opposition to more than 10 percent non-taxable
sales area and the proposed 24-hour operation.
Larry Westen, 8680 Shannon River Circle; Fountain Valley, stated that he had concerns
regarding the environmental impact reports findings regarding the traffic on Talbert Avenue.
Barbara Boskovich, 18341 Springtime Lane, spoke in opposition to the request stating that the
use is not compatible with the area, Talbert Avenue will not be able to handle the increased
traffic and loss of open spaces.
Theresa Roberts, 18355 Gum Tree Lane, spoke in opposition to the request stating the use is not
compatible with the surrounding area.
Dale Hoover, spoke in opposition to the request stating the use is not compatible with the
surrounding area.
PC Minutes—1/26/99 20 (99PCM126)
1
David Smith, 18281 Hartlund Street, spoke in opposition to the request stating the use should be
made to comply with the environmental impact report and the mitigation measures.
Ellen L. Kleizo, 18172 Lisa Lane, spoke in opposition to the request stating concern regarding
24-hour operation and lack of electrical car hook-up.
James Sowell, 8549 Rockfish Circle, Fountain Valley, spoke in opposition to the request stating
the use is not compatible with the surrounding area.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
After discussion and straw votes of numerous project issues, the Planning Commission approved
the project with revisions. In summary, the Planning Commission required the applicant to fully
enclose the loading docks, relocate the at -grade dock to the enclosed loading dock, move the
building 20 feet west for a total 90 foot separation from the easterly property line, provide raised
landscape medians on Talbert Avenue, design the on -site ponding system so that at least one
main drive aisle is maintained clear of ponding, delineate any future outdoor sidewalk sales areas
with a five (5) foot wide decorative sidewalk, limit a maximum of 10% of net retail floor area for
display of non-taxable sales items, conduct a pedestrian nexus study on the north side of Talbert
Avenue after six months of operation to address the need for a future sidewalk, submit a bond to
cover the cost of future sidewalk improvements, limit customers hours to 7:00 AM to 10:00 PM,
construct double pane windows in residences facing Talbert between the project and Hartlund
Street, and provide low level lighting after the store closes.
A MOTION WAS MADE BY KERINS, SECONDED BY LAIRD, TO APPROVE
CONDITIONAL USE PERMIT NO.98-8, VARIANCE NO.98-9 AND TENTATIVE
PARCEL MAP NO.97-161 AS MODIFIED BY STAFF AND OVERTURN DESIGN
REVIEW BOARD'S DENIAL OF DESIGN REVIEW BOARD NO.97-8 WITH
FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Laird, Kerins, Chapman, Speaker, Livengood, Mandic
NOES:
None
ABSENT:
None
ABSTAIN:
Biddle
MOTION PASSED
PC Minutes—1/26/99 21 (99PCM126)
FINDINGS FOR APPROVAL - CONDMONAL USE PERMIT NO.97-70:
1. Conditional Use Permit No. 97-70 for the establishment, maintenance and operation of the
130, 342 square foot Wal-Mart with a 8,138 square foot garden center along with three other
retail/restaurant pads ranging in size from 3,500 to 5,500 square feet 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 project meets or
exceeds all Zoning and Subdivision Ordinance standards with the exception of the variance
for main drive aisle entry design. With the implementation of EIR No. 97-1 mitigation
measures, standard City conditions of approval, and site design modifications and revised
truck loading/unloading dock location, the potential adverse impacts of the project (other
than those addressed in the Statement of Overriding Consideration) have been mitigated to a
level of insignificance. Based on the strength of policies in the Economic Development
Element of the General Plan and City Council Resolution No. 96-57, the economic benefits
of the project outweigh the unavoidable adverse environmental impacts resulting from a loss
of open space and the project exceeding local air quality impacts. The revised site layout has
eliminated the unavoidable adverse aesthetic/visual impact of the perimeter noise wall.
2. The conditional use permit will be compatible with surrounding uses because with staff s
recommended conditions of approval the commercial building and in particular, the
loading/unloading and on -site truck circulation will be oriented in manner that is sensitive to
surrounding uses. The project also is conditioned to provide a substantial landscape buffer
adjacent to the residential uses and to provide a building of high quality architectural design.
3. The proposed 130,342 square foot Wal-Mart with a 8,138 square foot garden center along
with three other retail/restaurant pads ranging in size from 3,500 to 5,500 square feet 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 the
variance requesting deviation from design standards for the main driveway entrance. The
recent relocation of the truck loading/unloading dock reduces the potential vehicular and
circulation conflicts associated with the proposed request.
4. The granting of the conditional use permit will not adversely affect the General Plan except
in areas for which a Statement of Overriding Considerations has been adopted. The project is
consistent with the Land Use Element designation of CG-F1 (General Commercial with a
floor area ratio of 0.35) on the subject property. In addition, it is consistent with the goals
and policies of the General Plan described in Section 5.0 of the project Environmental Impact
Report No. 97-1.
PC Minutes—1/26/99 22 (99PCM126)
FINDINGS FOR APPROVAL - VARIANCE NO.98-18:
1. The granting of Variance No. 98-18 to permit a drive, aisle opening along the minimum 100
foot long main driveway entrance fromTalbert Avenue where no driveway openings are
permitted will not constitute a grant of special privilege inconsistent with limitations upon
other properties in the vicinity and under an identical zone classification. Deviations to the
main driveway entrance design requirement have been previously granted for large projects
when the deviation does not represent a traffic or circulation hazard.
2. Because of special circumstances applicable to the subject property, such as, 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 commercial project is surrounded by existing residential uses on
two sides. With implementation of staff s recommendation to relocate the truck
loading/unloading dock, the variance is still necessary but the associated impacts of the
project are substantially reduced.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The variance to main entry design standards will enable the project to
construct a drive aisle and parking stalls conveniently located adjacent to the garden center.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification. The variance can be supported in
conjunction with the redesign and enclosure of the truck loading/unloading docks along
Talbert Avenue. The proposed driveway cut within the main entrance serves only a few
parking stalls immediately adjacent to the garden center and is not necessary for circulation
around the entire building. Circulation around the building shall be limited to emergency
vehicle access and can be accomplished through the new driveway cuts established for the
enclosed loading docks.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of CG-F 1 (General Commercial with a floor area ratio of
0.35) on the subject property because with the site plan modifications suggested by staff, the
driveway opening within the minimum 100 foot deep main project entrance will serve only a
few parking stalls and will not create a circulation hazard.
FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.97-161:
1. Tentative Parcel Map No. 97-161 for subdivision of the subject site into four parcels is
consistent with the General Plan Land Use Element designation of CG-F1 (General
Commercial with a floor area ratio of 0.35) on the subject property except in areas for which
a Statement of Overriding Considerations has been adopted. The proposed subdivision meets
all development standards established in the HBZSO.
PC Minutes—1/26/99 23 (99PCM126)
2. The site is physically suitable for the type and density of development proposed except in
areas for which a Statement of Overriding Considerations has been adopted.
3. The design of the subdivision or the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
4. The design 'of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. There are
no easements established for access through or use of the subject property by the public.
However, recreational use of the property by the general public has been existing on the site
(although not acquired through an easement), and is mitigated through measures identified in
EIR No. 97-1.
CONDITIONS OF APPROVAL —CONDITIONAL USE PERMIT NO.97-70:
1. The site plan received and dated October 22, 1998 and, floor plans and elevations received
and dated August 5, 1998 shall be the conceptually approved layout with the following
modifications:
a. Revise the site plan by relocating the Wal-Mart building 20 feet west of the currently
proposed location depicted on site plan dated October 22, 1998, in order to match the
building location analyzed for shade and noise impacts in EIR No. 97-1 (minimum 90
foot setback from residential property line on east side). Other improvements, such as,
driveway entrances, parking stalls, and landscaping, shall be shifted west accordingly.
b. Revise the site plan to fully screen the truck loading and unloading docks from view of
Talbert Avenue by fully enclosing the loading docks and providing a roll up door, as
provided at the Cerritos location. The at -grade loading dock shall also be relocated
within the enclosed loading area. Landscape berming, screenwalls, and delivery bay
enclosures shall be subject to review and approval by the Design Review Board.
c. Revise the site plan to indicate that the area between the building and the east property
line shall be comprised of a 25 foot wide fire lane and a minimum of 65 feet of
landscaping; the area between the building and the south property line shall be comprised
of a 25 foot wide fire lane and a minimum of 35 feet of landscaping (low ground cover
with emphasis on trees) although restricted access through the use of turf block or other
similar type materials (subject to approval of the Fire Department and Planning
Department) shall be utilized. Revise the site plan to depict 17 foot by 45 foot turning
radius around the building and locked removable bollards across driveway entrances to
the turfblock accessway as required by the Fire Department.
1
[1
PC Minutcs—1/26/99 24 (99PCM126)
1
d. Revise the site plan to indicate that the truck loading and driveway design will restrict
delivery vehicles to performing right turns in and out of the site onto Talbert Avenue.
Ultimate design of the truck delivery relocation will be subject to approval by the City of
Huntington Beach Public Works and Planning Departments.
e. The revised site plan dated October 22, 1998 will also require submittal and approval of a
noise study prior to issuance of a building permit to verify that external noise levels as
required by Chapter 8.40 of the Huntington Beach Ordinance Code will be met. An
independent noise study shall be conducted at the direction of the City, but at the expense
of the applicant and shall be subject to approval by the Planning Director. Deliveries
shall be permitted only between the hours of 7:00 AM to 10:00 PM unless the noise study
verifies the project's ability to comply with the noise code and does not rely on unusual
delivery methods or monitoring by staff.
Because the truck loading docks shall be fully enclosed, a maximum eight (8) foot high
wall shall be designed along the south and east property lines without reliance on delivery
methods that require unusual monitoring by City staff. The eight foot high wall shall be
of high quality design and decorative materials to match the building. For example a
smooth stucco wall with trim cap or similar approved wall shall be provided.
f. Revise the site plan for consistency with the proposed building elevations by accurately
depicting the projecting arcades, columns, and overhangs. Revise the site plan to reflect
other improvements proposed on the August 5, 1998 site plan including decorative
sidewalk (a decorative pattern shall delineate a minimum five (5) foot wide sidewalk
along the front of the building), planter pots, tree wells, shrub planters, etc. Revise the
site plan to include landscaping within the median area between the drop-off/pick-up area
and the parking lot. Revise the site plan to include a 12 foot wide landscape planter
adjacent to Talbert Avenue to accommodate the minimum 10 foot wide planter required
plus a 2 foot vehicle overhang. Revise the site plan to depict the correct number of
parking stalls proposed in the third row of double loaded parking spaces up from the
south property line (82 instead of 84 spaces).
g. Revise the building elevations by reducing the amount of fascia located beneath the
archway elements.
h. Revise the site plan to delete permanent outdoor sales and display. The applicant may
apply for a calendar of outdoor sales events subject to the requirements of the HBZSO
and review by the Zoning Administrator.
i. Elevations shall depict colors and building materials as approved by Design Review
Board.
j. Revise the site plan to incorporate a bus pad on Talbert Avenue. Design plans and
required improvements for the bus pad shall be coordinated with the revised loading dock
location, the Traffic Engineer and OCTA.
PC Minutes—1/26/99
25
(99PCM 126)
k. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
1. 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. Relocate the screened transformer currently proposed on
the East Side of the Wal-Mart building so it is not located adjacent to residential units.
Backflow prevention devices shall be prohibited in the front yard setback and shall be
screened from view. (Code Requirement)
in. 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)
7epict 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.
o. 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
savings 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 levels after 10:00 PM
to the satisfaction of the Public Works, Police, and Planning Departments.
p. Prior to issuance of building permits the applicant shall submit a public art element
which is fully integrated into the site design and shall be located within a publicly
accessible place within the project. Public art shall be subject to approval of the Planning
Director, the Cultural Services Manager, and Design Review Board and shall include art
of
1) Artistic excellence and innovation,
2) Appropriate to the design of the project,
3) Reflective of the community's cultural identity, (ecology, history, society).
The public art shall be in place prior to final inspection.
PC Minutes—1/26/99 26 (99PCM126)
q. Revise the site plan or floor plan to depict a cart storage area. Cart storage shall either be
located within the store or adjacent to the building as long as the area is properly screened
by a low decorative wall or landscaping. Cart return facilities shall be located in
convenient places throughout the' parking lot and shall not include signage.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. The project shall be redesigned in accordance with Condition of Approval No. 1 and
revised site plans, floor plans, and building elevations shall be submitted to the Planning
Department.
c. Depending on the uses proposed, uses within the satellite buildings may require approval
of conditional use permits by the Zoning Administrator or Planning Commission
pursuant to the regulations within the HBZSO. At a minimum, the satellite buildings
shall be reviewed by the Design Review Board prior to submittal for building permits.
d. All Fire Department requirements shall be noted on the building plans. (FD).
e. Demonstrate to the satisfaction of the City Traffic Engineer that the westerly driveway
will:
1. Be restricted to right -turn in/out only. The raised median within this driveway shall
end at the right-of-way line to allow for ADA compliance for the sidewalk.
2. Provide a minimum width of 30 feet and accommodate one inbound lane and one
outbound lane.
3. Be stop sign -controlled.
f. Demonstrate to the satisfaction of the City Traffic Engineer that the main project
driveway will:
1. Provide full access and a minimum width of 50 feet and accommodate two inbound
and two outbound lanes.
2. Provide a 200-foot eastbound right -turn lane and a 250-foot westbound left -turn lane.
g. Demonstrate to the satisfaction of the City Traffic Engineer that adequate truck
ingress/egress is provided, including adequate maneuvering distances to access the
revised location of all loading docks. All project driveways shall include a 35-foot
minimum curb return.
PC Minutes — 1/26/99 27 (99PCM126)
3. Prior to issuance of grading permits, the following shall be completed:
a. Submittal of grading plans and site plans that define the grading, excavation, and
placement of fill on the project site, and incorporate the recommendations of the
geotechnical report; including:
1. Where not removed by cut or replaced with non -expansive soils, the upper three feet
of the Wal-Mart pad shall be removed and replaced as properly compacted fill. For
the satellite pads, the subgrade shall be densified to a depth of two feet below existing
grades unless removed by cut.
2. To mitigate the potential for distress of floor slabs, the slab shall be underlain with a
minimum of two feet of non -expansive, sandy soils. On -site soils shall not be used in
the upper two feet of the pads or as retaining wall backfill.
3. Prior to placement of new fill or construction of structures, all undocumented fill shall
be removed and replaced as properly compacted fill. Actual depths of removal shall
be determined in the field during grading, by the Geotechnical Engineer.
4. Where fills are exposed at the base of the footing excavation for the noise wall (east
and south property boundaries), the excavation shall be deepened to natural ground
and backfilled with concrete. (PW)
b. A plan for silt control for all water runoff from the property during construction and
initial operation of the project may be required if deemed necessary by the Director of
Public Works. (PW)
c. Blockwall/fencing plans shall be submitted to and approved by the Department of
Planning. Double walls shall be avoided to the greatest extent feasible. Applicant shall
coordinate with adjacent property owners and make reasonable attempts to construct one
common property wall. If coordination between property owners can not be
accomplished, the applicant shall construct an eight (8) foot high wall located entirely
within the subject property and with a maximum two (2) inch separation from the
property line. Prior to the construction of any new walls, a plan must be submitted
identifying the removal of any existing walls located on the Ocean View School District
property. Any removal of walls on private residential property and construction of new
common walls 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.
d. A Grading and Site Improvement Composite Plan, prepared by a Registered Civil
Engineer, shall be submitted for review and approval and shall include design for the
following:
1. Flows leaving the site in the developed condition shall be restricted to pre-1986 Qio
runoff quantities. All other flows shall be retained on -site until the peak storm has
passed.
n
PC Minutes—1/26/99 28 (99PCM126)
I
1
2. A maximum depth of 12 inches of water will be retained and ponded on -site in the
parking area of the project during major storm events, a maximum of 30 % of the
parking stalls shall be inundated in the 100 year storm condition, the ponding shall be
located in a remote portion of the parking lot, and one clear drive aisle between the
main project entrance and the westerly driveway shall be elevated above the high
water limit. Prior to issuance of a building permit the developer shall indemnify and
defend the City from any claims for damages caused by the developer's decision to
collect storm water on the parking area by recording a covenant on the property, and
signs shall be posted within the parking lot warning patrons of potential flooding.
The covenant shall be reviewed and approved by the City Attorney's Office prior to
recordation. All finished floors shall be a minimum of 12 inches above the highest
storm water level. (PW)
e. An engineering geologist shall be engaged to submit a report indicating the ground
surface acceleration from earth movement for the subject property. All structures within
this development shall be constructed in compliance with the g-factors as indicated by the
geologist's report. Calculations for footings and structural members to withstand
anticipated g-factors shall be submitted to the City for review prior to the issuance of
building permits. (Code Requirement)
f. The project applicant shall file a Notice of Intent (NOI) and comply with the
requirements of the NPDES General Construction Permit, including the preparation of a
SWPPP incorporating BMPs. The SWPPP shall be prepared by a Civil or Environmental
Engineer for review and approval by the City's Department of Public Works. The plan
shall reduce the discharge of pollutants to the maximum extent practical using
management practices, control techniques and systems, design and engineering methods,
and such other provisions which are appropriate. Inlets for ponding shall be provided
with storm water clarifiers. (PW)
g. No electric vaults, service pestals, or electrical boxes shall be permitted within the
ponding area or in drainage swales. (PW)
h. Submit a truck and construction vehicle routing plan (Traffic Control Plan) for review
and approval. This plan shall specify the hours during which transport activities can
occur and methods to minimize construction -related impacts to adjacent residences. Lane
closures, if applicable, and all phases of construction should be indicated on the Traffic
Control Plan. The final plan shall be approved by the City Engineer. (PW)
i. A planned sign program for all signage shall be submitted to the Department of Planning.
Said program shall be approved prior to the first sign request.
j. The project applicant shall conduct asbestos surveys on any portions of the structures to
be demolished for which a survey has not been previously conducted. Based on the
previous surveys and any future surveys, an Asbestos Management Program for asbestos
removal shall be prepared. The Asbestos Management Program shall comply with the
requirements of Cal OSHA, the NESHAP regulations, SCAQMD Rule 1403, and the
Connelly Warnings Act regarding asbestos identification, notification, and abatement
removal.
PC Minutes—1/26/99
29
(99PCM 126)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Planning.
b. A Landscape Construction Set must be approved by the Design Review Board and then
submitted to the Department of Public Works. The plan must be 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 in
compliance with the Arborist Report prepared for Environmental Impact Report No. 97-
1. The complete landscape plans shall also include an irrigation plan; a grading plan; an
approved site plan and a copy of the entitlement conditions of approval. A separate water
meter and backflow prevention device shall be provided for the irrigation system. The
landscape plan shall comply with the following:
1. The seven Mexican Fan Palms shall either be transplanted or be replaced at a ratio of
2:1. If transplanted, these palms should be preserved with a root -ball of at least four
feet square, and this process should be completed between April and August.
2. The remaining on -site trees (Cuban Laurel Fig, Fruitless Mulberries, Brazilian
Pepper, Tipu Tree, and Carrotwood trees), shall be replaced with a total of twelve 36"
diameter, box trees (equivalent to an overall 2:1 replacement).
3. Depict the landscaping turf block, etc., for the area between the east property line and
the rear of the building.
4. Be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance,
Mitigation Measures contained within EIR No. 97-1, Water Ordinance #14.52 the
Water Efficient Landscape Requirements, and the City Arboricultural and Landscape
Standards and Specifications. (PW) (Code Requirement)
c. Final hydrology and hydraulic studies for the site shall be submitted for Public Works
approval. The Developer shall mitigate storm runoff generated from school site above
existing flow based on pre-1986 hydrology. This can be done in several ways including
on -site detention, off -site capacity improvements. etc. (See condition of approval no. 3.d.
above). (PW)
d. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted
to the Department of Public Works for review and approval. (PW)
e. An erosion control plan shall be submitted to the Department of Public Works. (PW)
PC Minutes—1/26/99 30 (99PCM126)
f. The developer shall submit a separate utility plan showing water system improvements,
including service connections to each building, fire hydrant, valves, backflow devices and
other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works
Standards and Water Division design criteria. These plans shall be approved by the
Public Works Water Division and the City of Huntington Beach Fire Department prior to
any construction. (PW)
g. Final design elevations of grading shall not vary from elevations shown on the tentative
map by more than one (1) foot. (PW)
h. Irrevocable reciprocal driveway and parking easements shall be established between the
four parcels of Tentative Parcel Map No. 97-161. The reciprocal driveway and parking
easements shall include language regarding long term maintenance and property
improvements upon and between the subject parcels. The legal instrument shall be
submitted to the Department of Planning a minimum of 30 days prior to building permit
issuance. The document shall be approved by the Department of Planning and the City
Attorney as to form and content and, when approved, shall be recorded in the Office of
the County Recorder. A copy of the recorded document shall be filed with the
Department of Planning. (Code Requirement)
i. The subject property shall offer to dedicate reciprocal driveway and vehicular access
easements between the entire westerly property line of the subject site and adjacent
properties to the west. The owners shall be responsible for making necessary
improvements to implement the reciprocal driveway when the offer of dedication is
accepted by the opposite party. The legal instrument shall be submitted to the
Department of Planning a minimum of 30 days prior to building permit issuance. The
document shall be approved by the Department of Planning and the City Attorney as to
form and content and, when approved, shall be recorded in the Office of the County
Recorder. A copy of the recorded document shall be filed with the Department of
Planning. (Code Requirement).
j. Submit a Parking Management Plan approved by property owner for review and approval
by the Department of Planning which contains parking space designations for tenants,
employees, customers, and carpooling as required by the Transportation Demand
Management Ordinance. (Code Requirement)
k. The Final Map shall be accepted by the City Engineer, recorded with the Orange County
Recorder and a copy filed with the Department of Community Development. (Code
Requirement)
1. An interim parking and/or building materials storage plan shall be submitted to the
Department of Community Development to assure adequate parking and restroom
facilities are available for employees, customers and contractors during the project's
construction phase and that adjacent properties will not be impacted by their location.
The applicant shall obtain any necessary encroachment permits from the Department of
Public Works.
PC Minutes — 1/26/99 31 (99PCM126)
m. Demonstrate to the satisfaction of the City Traffic Engineer that standards regarding
pedestrian bicycle safety along the perimeter sidewalks have been met, including
Americans with Disabilities Act (ADA) requirements.
n. Complete a Traffic Progression Signal Analysis subject to review and approval by the
City Traffic Engineer.
o. Building permit plans shall demonstrate compliance with the requirements of Title 24 of
the California Code of Regulations governing efficiency standards for heating, cooling,
ventilation, water heating, and lighting.
p. An "Acceptance of Conditions form shall be properly executed by the applicant and an
authorized representative of the owner of the property and returned to the Planning
Division.
5. During grading and site development 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.
f. During demolition, clearing, grading, earth moving, or excavation, equipment engines
shall be maintained in proper operation conditions.
g. After clearing, grading, earth moving, or excavation, the following measures shall be
implemented:
1. Unattended areas (disturbed lands which have been or are expected to be unused for
four or more consecutive days) shall be watered, sufficient to form crust on the
surface with repeated soakings, as necessary, to maintain crust and prevent dust pick
up by the wind.
2. Soil binders shall be used.
3. Street sweeping shall be implemented, as necessary.
4. Vegetative ground cover planting shall be required for stabilization, if construction is
not anticipated within one month.
1
PC Minutes—1/26/99 32 (99PCM126)
h. Trucks hauling soil or other loose substances, such as building material, will be covered,
or will maintain a minimum of two feet of freeboard between the top of the load and the
top of the truck bed sides.
i. During grading and construction, vehicle movement (except for water trucks) shall be
terminated if winds exceed 15 mph.
6. Prior to final building permit inspection and commencement of use, the following shall be
completed:
a. The Developer shall design and construct the sewer system required to serve the
development. The existing 8 inch sewer in Talbert Ave. shall be extended to serve the
site.
b. Access to the site from Lisa Lane shall be closed and driveway improvements removed.
The developer shall construct a new block wall pursuant to requirements of the Public
Works Department.
c. The Developer shall construct raised landscaped medians in Talbert Avenue from Beach
Boulevard to Hartlund Street. Left turn pockets shall be constructed for: (1) Main
entrance to Wal-Mart (west bound left turn), (2) west bound Talbert Avenue at Beach
Boulevard, (3) west bound Talbert Avenue at west driveway to Wal-Mart and (4) east
bound Talbert Avenue at Good Shepherd Cemetery.
d. The Developer shall construct new curb, gutter, paving, sidewalk, and street lights on
Talbert frontage as directed by Public Works.
e. Backflow protection is required and shall be installed per the Huntington Beach Water
Division Standard Plans for irrigation and fire suppression water services.
f. Construct an 8" water line looped around the Wal-Mart Building with two connections to
the largest water main in Talbert Avenue. Number and location of on -site fire hydrants
shall be determined by the Fire Department. Each building required by the Fire
Department to install a sprinkler system shall have a separate fire service line per Water
Division Standards.
g. Each building shall have separate water services for domestic, fire and irrigation. The
domestic water services and meters will be sized per the Uniform Plumbing Code (UPC)
and Uniform Fire Code. Water meters shall be placed in the sidewalk along the street to
which the property is addressed.
h. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to the Planning Department.
PC Minutes — 1/26/99 33 (99PCM126)
All improvements to the property shall be completed in accordance with the approved
plans, conditions of approval specified herein, and mitigation measures identified in EIR
No. 97-1, including:
1) Landscaping;
2) Improvements identified in above conditions of approval. (PW)
3) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
4) A fire alarm system will be installed to comply with Huntington Beach Fire
Department and Uniform Fire Code Standards. Shop drawings will be submitted to
and approved by the Fire Department prior to installation. The system will provide
the following:
a) manual pulls;
b) water flow, valve tamper and trouble detection;
c) 24 hour supervision;
d) smoke detectors; and
e) audible alarms (FD)
5) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
6) Address numbers will be installed to comply with City Specification No. 428. The
size of the numbers will be sized a minimum of ten (10) inches with a brush stroke
of one and one-half (1-1/2) inches. (FD)
7) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
Low level exit signs will be included. (FD)
8) Fire access roads will be provided in compliance with the Huntington Beach Fire
Code and City Specification #401. Include the circulation plan and dimensions of
all access roads (24 ft or 27 ft fire lanes, turnarounds and 17 ft by 45 ft radius turns.
(FD)
9) Submit to the Fire Department for approval of a Fire Protection Plan containing
requirements of Fire Department Specification 9426. (FD)
10) On -site fire hydrants shall be provided in number and at locations specified by the
Fire Department. (FD)
PC Minutes—1/26/99 34 (99PCM126)
ri
11) An automatic fire sprinkler system shall be approved and installed pursuant to
National Fire Protection Association Standards to cover any high piled stock
commodity, in -rack storage, or other storage areas. The system shall also comply
with Fire Department regulations and Uniform Building Code Standards. (FD)
12) Comply with Fire Code requirements for opticom signal, if deemed necessary by the
City of Huntington Beach Fire Chief. (FD)
13) Standpipes with fire hose connections shall be provided per Article 81 of the
Huntington Beach Fire Code. (FD)
14) Curtain boards shall be installed per Article 18 of the Huntington Beach Fire Code.
(FD)
15) A smoke removal system shall be installed per Article 18 of the Huntington Beach
Fire Code. (FD)
16) Fire Department access doors shall be installed every 100 feet in exterior walls that
lead to high piled merchandise storage areas per Article 81 of the Huntington Beach
Fire Code. (FD)
j. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
k. 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.
1. The project shall comply with all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429 for new construction within the methane gas
overlay districts. (FD)
in. The developer shall submit copies of a written proposal and authorization or refusal of
dual pane windows from all eight property owners as described below. Upon written
authorization from each property owner, the developer shall obtain building permits and
install dual pane windows on the front (north side) of each single family dwelling located
on the south side of Talbert Avenue from the northeast corner of the subject property to
the southwesterly corner of Talbert Avenue and Hartlund Street (8242, 8252, 8262, 8272,
8282, 8302, 8312, and 8322 Talbert Avenue). The first single family dwelling adjacent
to the northeast corner of the subject property (8242 Talbert Avenue) shall be provided
with dual pane windows on the entire structure. The developer shall finalize each
building permit for window replacement prior to issuance of any Certificate of
Occupancy on the subject site.
n. Submit a cash bond for sidewalk improvements as required in Condition of Approval
No. 8 below.
PC Minutes—1/26/99
35
(99PCM 126)
7. The use shall comply with the following:
a. All deliveries to the site shall occur between the hours of 7:00 AM to 10:00 PM unless a
noise study funded by the applicant and approved by the Planning Director demonstrates
that the enclosed delivery bays meet the Huntington Beach Noise Code. Delivery
methods shall not require unusual monitoring by staff. All delivery vehicles, including
Wal-Mart trucks and outside vendors, that can not be accommodated within a typical 9
foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for access
to the site. All other delivery vehicles that are no larger than a typical parking stall size
may utilize the parking lot and access the store through the main entrance. Deliveries of
any kind shall be prohibited from the rear (east) and side (south) of the proposed Wal-
Mart building.
b. Customer hours shall be limited to 7:00 AM to 10:00 PM, seven days per week.
c. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales
events within the parking lot, on sidewalks, or any other portion of the project site shall
be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time
shall a temporary use permit be granted for use of the area between the Wal-Mart
building and the south and east property lines. Any approved outdoor sales events shall
be located in compliance with the required decorative paving pattern and shall maintain a
minimum five (5) foot wide sidewalk.
d. The Wal-Mart building shall be designated as a single user with a maximum of 10% of
the gross building floor area devoted to an ancillary retail tenant.
e. A maximum of 10% of the net retail Wal-Mart building floor area shall be devoted to
display of non-taxable sales items.
f. Any re -use of the site or request for future demising walls separating new tenant spaces
within the Wal-Mart building shall require approval of a conditional use permit by the
Planning Commission.
g. If ground cover is proposed near loading docks and entry doors it shall be permanently
maintained in a low manner to discourage concealment by potential offenders. ' -
h. Service roads and fire access lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
i. 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—1/26/99 36 (99PCM126)
j. There shall be no outside storage of storage containers or bins, vehicles, vehicle parts,
equipment or trailers. There shall be no outside storage of pallets or trash compactors
unless located behind screen walls and a noise study is submitted and approved verifying
that all operations can comply with the Huntington Beach Noise Code.
k. All future Wal-Mart store managers shall be required to review these conditions of
approval and acknowledge that they have been read and understood by providing a
written signature declaring such action has occurred.
1. A store liaison shall be permanently established and available to assist neighbors and
residents with issues regarding the site during construction and after completion of the
project when the development is open for business. A sign shall be posted on -site both
during construction and when the development is open for business identifying the store
contact and telephone number.
in. No overnight sleeping or camping shall be permitted on the property.
n. Future business operators (project applicant or owner, tenants, and third -party vendors) at
the project site which store hazardous materials in excess of reporting thresholds, shall
prepare and submit a HMBP to the County of Orange Health Care Agency and the
Huntington Beach Fire Department, as appropriate. The HMBP will be maintained and
updated, as necessary, per the requirements of the Waters Bill (1985).
o. If the requirement threshold is met, the project applicant and/or owner, tenants, and third -
party vendors will prepare and submit a Risk Management Prevention Program (RMPP)
to the County of Orange Health Care Agency and the Huntington Beach Fire Department,
as appropriate. The RMPP will be maintained and updated, as necessary, per the
requirements of the La Follette Bill.
p. The project applicant and/or owner, tenants, and third -party vendors, as necessary, will
comply with all OSHA and Cal OSHA training and informational requirements
concerning hazardous materials.
q. The project applicant and/or owner, tenants, and third -party vendors, as necessary, will
comply with the requirements of the Hazardous Waste Source Reduction and
Management Review Act of 1989.
r. Business operators shall comply with the requirements of Proposition 65 posting and
reporting requirements related to hazardous building materials and hazardous chemicals,
specifically asbestos and lead.
s. The project applicant will, as necessary, implement the requirements of TSCA and the
PCB -related requirements of the USEPA.
PC Minutes—1/26/99 37 (99PCM126)
t. The installation of any underground storage tanks by the project applicant and/or owner,
tenants, and third -party vendors will conform with the applicable requirements of the
1998 Cortese/Sher Bill and any other California Health and Safety Code requirements.
8. Prior to final building permit inspection, the developer shall submit three bids from a general
contractor to install an A.C. sidewalk on the north side of Talbert from Beach Boulevard to
the easterly property line of the Good Shepherd Cemetery. The three bids shall be used by
the Public Works Department to determine the cost of required improvements. A cash bond
in the amount of one and one-half times the cost of sidewalk installation shall be submitted to
the Public Works Department. A pedestrian study, funded by the developer at the direction
of the Public Works Department, shall be completed six months after issuance of a
Certificate of Occupancy for Wal-Mart. The pedestrian study shall verify whether a nexus
exists to require construction of sidewalk on the north side of Talbert from Beach Boulevard
to the easterly property line of Good Shepherd Cemetery. Should a nexus exist, as
determined by the Director of Public Works, the developer shall submit a Street
Improvement Plan subject to review and approval by the Public Works Department and shall
install the sidewalk within 30 days of receiving approval of such plan. The bond required in
Condition of Approval No. 6.n. above shall be returned should no nexus exist or when Public
Works inspects and approves the sidewalk installation, whichever occurs first.
9. 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.
10. This Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No.
97-8, and Tentative Parcel Map No. 97-161 shall not become effective until Environmental
Impact Report No. 97-1, General Plan Amendment No. 97-1, and Zoning Map Amendment
No. 97-1 have been approved by the City Council and are in effect.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
THESE CODE REQUIREMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES
ONLY THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS
APPLICABLE TO THIS PROJECT.
1. Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8,
and Tentative Parcel Map No. 97-161 shall not become effective until the ten day appeal
period has elapsed.
PC Minutcs—1/26/99 38 (99PCM126)
1
2. Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8,
and Tentative Parcel Map No. 97-161 shall become null and void unless exercised within
two years (TPM) 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 Administrative Citation process may be utilized by City Code Enforcement Officers
should any violation of these conditions or the Huntington Beach Zoning and Subdivision
Ordinance or Municipal Code occurs.
4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-70,
Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97-
161pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
5. All applicable Public Works fees shall be paid prior to issuance of building permits. (PW)
6. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy, which ever occurs first. (PW)
7. A construction permit shall be required for all work within City right-of-way. (PW)
8. All new and existing utilities (less than 66 kV) shall be installed underground. (PW)
9. A Certificate of Occupancy must be issued by the Department Building and Safety prior to
occupying the building.
10. State -mandated school impact fees shall be paid prior to issuance of building permits.
11. Payment of Capital Facilities Charge in accordance with the Huntington Beach Water
Master Plan and City Council Resolution No. 6713.
12. 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.
13. Development shall meet all local and State regulations regarding installation and operation
of all underground storage tanks. (FD)
14. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
15. All signs shall conform to the HBZSO unless otherwise approved. Prior to installing any
new signs, or changing sign faces, a building permit shall be obtained from the Planning
Department.
PC Minutes — 1/26/99 39
(99PCM 126)
16. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Determination at the County of Orange Clerk's Office. The check shall be made out
to the County of Orange and submitted to the Planning Department within two (2) days
of the Planning Commission's action.
17. All Mitigation Measures outlined in Environmental Impact Report No. 97-1 shall be
complied with in accordance with the Mitigation Monitoring Program.
CONDMONS OF APPROVAL — TENTATIVE PARCEL MAP NO.97-161:
1. The tentative map received and dated August 11, 1997, shall be the approved layout,
however the map shall be revised to match the approved site plan.
2. Prior to submittal of the final map for approval by the City Engineer, an irrevocable
reciprocal parking ,access, and maintenance easement between and across all subject
parcels within the tentative parcel map shall be submitted. The reciprocal easements
shall state that all parties shall participate in maintenance of landscaping and parking lot
facilities (new asphalt, restriping, etc.) at the same time and that all property shall be
maintained in perpetual good condition. The City Attorney Office shall review and
approve the form and content of the reciprocal parking, access, and maintenance
agreement. The reciprocal document must be in recordable form prior to recordation of
the map. The document shall be recorded with the County of Orange Recorders Office
prior to final building permit inspection on the property.
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 Talbert Avenue shall be released and relinquished to
the City of Huntington Beach except in locations approved by the Planning
Commission.
b. 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. (PW)
c. 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. (PW)
4. A mylar and print of the recorded Parcel Map shall be provided to the Public Works
Dept. at the time of recordation. (PW)
PC Minutes — 1/26/99 40 (99PCM126)
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL
MAP NO.97-161•
THESE CODE REQUIREMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES
ONLY. THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS
APPLICABLE TO THIS PROJECT.
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. Tentative Parcel Map No. 97-161, Conditional Use Permit No. 97-70, Variance No. 98-
18, and Design Review Board No. 97-8 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.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED OCTOBER 27,1998
(CONTINUED FROM THE DECEMBER 8,1998 MEETING)
C-2 PLANNING COMMISSION MINUTES DATED NOVEMBER 24, 1998
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE
PLANNING COMMISSION MINUTES DATED OCTOBER 27,1998 AND NOVEMBER
24,1998, BY THE FOLLOWING VOTE:
AYES: Kerins, Livengood
NOES: None
ABSENT: Biddle
ABSTAIN: Laird, Chapman, Speaker, Mandic
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
None
E-2 PLANNING COMMISSION INOUIRIES/COMMENTS
None
PC Minutes—1/26/99 41 (99PCM126)
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
None
E-2 PLANNING COMMISSION INOUIRIES/COMMENTS
None
PC Minutes—1/26/99 41 (99PCM126)
1
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
None
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
None
G. ADJOURNMENT —Adjourn to the February S, 1999, Planning Commission retreat at
12: 00 PM,101 Main Street and then to the regularly scheduled meeting of February 9,
1999.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO ADJOURN
TO A SPECIAL PLANNING COMMISSION RETREAT FEBRUARY 5,1999 AT 12:00
PM, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION
MEETING OF FEBRUARY 99 1999 AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES:
Laird, Kerins, Chapman, Speaker, Livengood, Mandic
NOES:
None
ABSENT:
Biddle
ABSTAIN:
None
MOTION PASSED
/kjl
APPROVED BY:
Ho and Zelefsk34.gecretary
sion Chairperson
PC Minutes—1/26/99
42
(99PCM126)