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HomeMy WebLinkAbout1999-04-27MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 27,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:15 PM (Room B-8) OUTDOOR DINING W ITH ALCOHOL (5:15 — 6:15 PM) — Peter Vanek HAMPTONS (13 SFR) (6:15 — 6:30 PM) — Wayne Carvalho AGENDA REVIEW — Herb Fauland REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE (Arrived 7.46 PAO P P P P P P P ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.98-79 (THE LEARNING CIRCLE): APPLICANT: Judith Coglianese & Kellie Gillespie LOCATION: 16692 Landau Lane (at its intersection with Royal Drive) PROJECT PLANNER: Ricky Ramos Conditional Use Permit No. 98-79 represents a request by Judith Coglianese and Kellie Gillespie to operate a day care program within the five classrooms in building no. 3 together with an ancillary office in building no. 4 of the Pleasant View School. The proposal also includes allowing up to 20 percent compact parking spaces with the re -striping of the existing parking lot. The requested day care use should be approved because there are already three day care/school uses at this site and this is simply an extension of these uses which are similar to the intended and historic use of the school. The request complies with zoning requirements as well as General Plan goals, policies, and objectives and provides a service needed by area residents. The request to permit up to 20 percent compact parking is recommended for approval because it allows for an efficient parking layout and an increase in the amount of on -site parking. STAFF RECOMMENDATION: Staff recommends approval of the project based on the following: • It conforms to the Land Use Element designation of Public which permits the proposed use. It is consistent with the goals, policies, and objectives of the General Plan. • The Pleasant View school already has three existing day care/school uses and the Learning Circle will be an extension of these uses. • Day care programs are similar to the intended and historic use of the property as an elementary school and will be compatible with the area. • Day care facilities are commonly found within residential areas to serve the needs of residents. • The use of compact parking will allow for a more efficient parking layout and an increase in the amount of parking provided. The Commission asked staff what the maximum occupancy would be if the site were to return to a regular school. Staff stated that the maximum enrolled students would be 400. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed parking issues and the incorporation of a condition to require staff to park on -site. They also requested a six (6) month review of the parking plan. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY ]KERINS, TO APPROVE CONDITIONAL USE PERMIT NO.98-79 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: Laird ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-79: Conditional Use Permit No. 98-79 for the establishment, maintenance and operation of the Learning Circle day care facility serving a maximum of 60 children within the five classrooms in building no. 3, an ancillary office within building no. 4, and the use of up to 20 percent compact parking (seven of the total 35 spaces) will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The school site already has three existing day care/school uses. The Learning Circle will be an extension of these existing uses. The use of up to 20 percent compact parking will allow for an increase in the amount of parking which will help avoid impacts to street parking in the area. PC Minutes — 5/27/99 2 (99PCM427) 2. The conditional use permit will be compatible with surrounding uses because the proposed day care use is similar to the intended and historic use of the property as an elementary school. Day care facilities are commonly found within residential areas to serve the needs of area residents. The use of compact parking spade Is will allow for a more efficient parking layout. 3. The proposed daycare facility 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. The use is allowed subject to approval of a conditional use permit. Adequate parking will be provided with the proposed re -striping of the existing parking lot which incorporates up to 20 percent compact parking as allowed by code subject to approval by the Planning Commission. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Public on the subject property which permits schools and similar uses. In addition, it is consistent with the following goals, policies, and objectives of the General Plan: a. Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (LU 7.1.1) b. Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods (LU 9.4). c. Allow for the continuation of existing and development of new child, adult, and senior adult daycare facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval (LU 13.1.3). d. Encourage surplus schools and other public properties to be made available first for other public purposes, such as parks, open space, adult or childcare, and secondarily for reuse for private purposes and/or other land uses and development (LU 13.1.6). 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 15301, Class 1 of the CEQA Guidelines, because it involves only the operation, repair, maintenance, or minor alteration of existing public or private structures involving negligible or no expansion of use beyond that previously existing. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-79: 1. The site plan received and dated October 15, 1998, floor plans received and dated December 9, 1998 and the parking layout received and dated March 15, 1999 shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. The two compact parallel parking spaces along the curb closest to the driveways shall be deleted. PC Minutes — 5/27/99 3 (99PCM427) 2. Prior to submittal for building permits, 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). 3. Thirty (30) days prior to the application for a certificate of occupancy, the following shall be completed: a. Submit a copy of the revised parking lot striping plan pursuant to Condition No. 1 to the Planning Department for review and approval and inclusion in the entitlement file. b. Submit a parking lot lighting plan to the Public Works Department for review and approval. Energy saving lamps shall be used. Lighting shall be shielded and directed to prevent "spillage" onto adjacent properties and shall be capable of being dimmed to a minimum security level by time of day.(PW) 4. Prior to issuance of a certificate of occupancy and commencement of the use, the following shall be completed: a. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. The parking lot shall include a minimum of 35 parking spaces. b. Submit a floor plan of building no. 4, proposed for the ancillary office, for review and approval of the Building and Safety Department.(BD) c. All alarm and notification systems per standard school conditions must be operational to the approval of the Fire Department.(FD) d. The school district/applicant shall supplement the existing building -mounted lighting with additional parking lot lighting per the lighting plan approved by the Public Works Department. (PW) 5. The use shall comply with the following: a. This conditional use permit shall apply only to the five classrooms in building no. 3. b. The maximum number of staff, children, and classrooms used by all four tenants shall not exceed the amount listed in the matrix included in the staff report for this entitlement without approval of City staff. Any substantial increase as deemed by staff may require further entitlement. c. The day care facility shall operate only between the hours of 6:30 a.m. and 6:00 p.m., Monday through Friday. d. Staff shall be required to park on -site. 6. This conditional use permit shall become null and void should the Ocean View School District have any other uses at this site without providing additional parking per City code. PC Minutes — 5/27/99 4 (99PCM427) 7. A six (6) month review of the on -site parking plan shall be conducted by the traffic staff. If traffic staff determines in the future that parking on -site is inadequate, the Ocean View School District shall provide additional on -site parking to the approval of City staff. (PV) 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-79 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-79 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-79, 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. A Certificate of Occupancy must be issued by the Building and Safety Department prior to occupying the building. 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 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 County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. PC Minutes — 5/27/99 5 (99PCM427) B-2a CONDITIONAL USE PERMIT NO 98-62 (PERFORMANCE SALES -PHASE 1): APPLICANT: Corrie Kates LOCATION: 19501 Beach Boulevard (southwest corner of Beach Boulevard and Yorktown Avenue) PROJECT PLANNER: Joe Thompson Conditional Use Permit No. 98-62 represents a request by Mehdi Bolouriad to permit construction of a new automobile sales building. The proposed two (2) story 2,437 square foot building includes 850 square feet of interior sales space, 122 square feet of office space, 1,250 square feet of storage space on the second story, and exterior parking for 19 display vehicles and 14 customer / sales staff on an 18,200 square foot lot. This conditional use permit is being processed in conjunction with Conditional Use Permit No. 98-85 (19475 Beach Blvd.) and will be presented concurrently. The applicant requests to operate the car sales lot from two separate properties located on the northwest and southwest corners of Beach Boulevard and Yorktown Avenue. STAFF RECOMMENDATION: Staff recommends denial of Conditional Use Permit No. 98-62 for the following reasons: • The project is inconsistent with the goals and objectives of the General Plan, which encourages clustering of new and existing automobile dealerships within a defined automobile district. Because the proposed dealership is divided into two (2) separate locations, undue risk is suffered by customers and the dealership sales -staff when crossing Yorktown Avenue to access additional vehicles being offered for sale. • The site does not have adequate square footage to accommodate the vehicle delivery truck, which must off-load vehicles onto the Yorktown Avenue median. • Minimum required drive aisle width has not been provided. B-2b CONDITIONAL USE PERMIT NO.98-85 (PERFORMANCE SALES -PHASE H ): APPLICANT: Come Kates LOCATION: 19475 Beach Boulevard (northwest corner of Beach Boulevard and Yorktown Avenue) PROJECT PLANNER: Joe Thompson Conditional Use Permit No. 98-85 represents a request by Mehdi Bolouriad to permit construction of a new automobile sales building. The proposal includes construction of a two (2) story 1,741 square foot building, which includes 470 square feet of interior sales space, 171 square feet of office space, 900 square feet of storage space on the second story, and exterior parking for 17 display vehicles and 13 customer / sales staff on an 18,900 square foot lot. This conditional use permit is being processed in conjunction with Conditional User Permit No. 98-62 (19501 Beach Blvd.) and will be presented concurrently. The applicant requests to operate the car sales lot from two separate properties located on the northwest and southwest corners of Beach Boulevard and Yorktown Avenue. PC Minutes — 5/27/99 6 (99PCM427) STAFF RECOMMENDATION: Staff recommends denial of Conditional Use Permit No., 98-85 for the following reasons: • The project is inconsistent with the goals and objectives of the General Plan, which encourages clustering of new and existing automobile dealerships within a defined automobile district. • Because the proposed dealership is divided into two (2) separate locations, undue risk is suffered by customers and the dealership sales staff when crossing Yorktown Avenue to access additional vehicles being offered for sale. • The site does not have adequate square footage to accommodate the vehicle delivery truck, which must off-load vehicles onto the Yorktown Avenue median.. Items B-2a and B-2b were presented concurrently. Commissioner Laird arrived at the meeting mid -way through the presentation of this request and therefore abstained from taking action on the proposed requests. THE PUBLIC HEARING WAS OPENED. Corrie Kates, 117'/z-28 h Street, Newport Beach, applicant, gave a history of design alternatives and site conditions. He stated that they would like to request that the Phase I and Phase II stages be reversed. He also stated that the property owner's are in favor of the proposed request. The Commissioners asked Mr. Kates and staff if the gas tanks from the previous use have been removed and what mechanical work will be done on the vehicles. Staff stated that the gas tanks in the Phase I area have been removed, but they do not know about the tanks in the Phase II area. Mr. Kates stated that only mechanical work performed would be accessory installation (i.e., radios, televisions, tires). Steve Schumm, 19471 Beach Boulevard, commercial center tenant, spoke in opposition to the proposed request. His concerns include the delivery vehicle being parked on the Yorktown Avenue median and impacting traffic, jay walking between the two (2) sites, the cars blocking visibility of the existing businesses, two (2) story design and impacts on current parking, noise and aesthetic of the proposed buildings. Leslie Zahedi, 727 Yorktown Avenue, owner Huntington Suites Motel, spoke in opposition to the proposed request. His concerns included the noise impacts, inadequate parking and the size of the proposed building. Mehdi Bolourinad, 19475 Beach Boulevard, business owner, stated that he would take responsibility for the problems that would or have occurred from his business and rectify them. Mr. Bolourinad stated that once the facility is built they will have a place to unload the cars or they can arrange for off -site delivery. He also stated that he currently does not park in the other businesses parking lots, his employees do not jay walk between the two (2) sites and the proposed request would improve the area. The Commission asked Mr. Bolourinad the purpose of the trailer currently on -site. Mr. Bolourinad stated that it was for a night watchman as they had problems with theft. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes — 5/27/99 7 (99PCM427) The Commission felt that the proposed site was not the place for a growing successful business like the applicant seems to have. They felt another area would be better suited for this proposed use with less impacts to the surrounding areas. A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO DENY CONDITIONAL USE PERMIT NO.98-62 AND CONDITIONAL USE PERMIT NO. 98-85 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: Laird MOTION PASSED FINDINGS FOR DENIAL: CONDITIONAL USE PERMIT NO.98-62: 1. The establishment, maintenance and operation of the automobile sales lot with parking for nineteen (19) display vehicles in conjunction of a 2,437 square foot two-story building will be detrimental to the general welfare of persons working or residing to the vicinity or detrimental to the value of the property and improvements in the neighborhood. The automobile sales lot is divided into two (2) separate locations requiring customers to cross Yorktown Avenue to get from one location to the other. Further, due to the height of 27 feet for the proposed building and the high profile (seven (7) feet) feet of the types of vehicles that are being sold, visibility to the retail center located directly behind the subject site will be greatly reduced. 2. Conditional Use Permit No. 98-62 for the establishment of the automobile sales lot will not be compatible with surrounding uses due to the increase in height of the proposed building and high profile nature of the vehicles being offered for sale. The intent of the General Plan is to locate automobile dealerships further north along Beach Boulevard and to the north side of Warner Avenue. At its present location, the car lot has limited points of ingress and egress for customers, vehicles being test driven, and vehicles being delivered from other locations. Currently, the automobile delivery truck must park on the Yorktown Avenue painted median to off-load vehicles for the subject site. 3. The proposed automobile *sales lot will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and any specific condition required for the proposed use in the district in which it would be located. The proposed drive aisle width does not meet the minimum requirements as stated in the HBZSO. 4. The granting of the conditional use permit for the proposed automobile sales will adversely affect the General Plan. It is not consistent with the Land Use Element designation of CG (Commercial General) on the subject property. In addition, it is inconsistent with the following goals and policies of the General Plan: a. (LU 8.1.1) Create a network of interrelated activity centers and corridors through the use of distinct functional roles, activities, and/or through the form and scale of development. b. (LU 15.4) Encourage the development of an automobile district that consolidates existing and accommodates additional automobile dealerships. c. (CE 2.3.1) Require development projects to mitigate off -site traffic impacts and pedestrian, bicycle, and vehicular conflicts to the maximum extent feasible. PC Minutes — 5/27/99 8 (99PCM427) FINDINGS FOR DENIAL: CONDITIONAL USE PERMIT NO.98-85: 1. The establishment, maintenance and operation of the automobile sales lot with parking for seventeen (17) display vehicles in conjunction'of a,1;741 square foot two-story building will 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 automobile sales lot is divided into two (2) separate locations requiring customers to cross Yorktown Avenue to get from one location to the other. 2. Conditional Use Permit No. 98-85 for the establishment of the automobile sales lot will not be compatible with surrounding uses due to the increase in height of the proposed building and high profile nature of the vehicles being offered for sale. The intent of the General Plan is to locate automobile dealerships further north along Beach Boulevard and to the north side of Warner Avenue. At its present location, the car lot has limited points of ingress and egress for customers, vehicles being test driven, and vehicles being delivered from other locations. Currently, the automobile delivery truck must park on the Yorktown Avenue painted median to off-load vehicles for the subject site. 3. The proposed automobile sales lot 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 (HBZSO) and any specific condition required for the proposed use in the district in which it would be located. Setbacks, building height, drive aisle width, and other minimum requirements of the HBZSO have been provided 4. The granting of the conditional use permit for the proposed automobile sales will adversely affect the General Plan. It is not consistent with the Land Use Element designation of CG (Commercial General) on the subject property. In addition, it is inconsistent with the following goals and policies of the General Plan: a. (LU 8.1.1) Create a network of interrelated activity centers and corridors through the use of distinct functional"roles, activities, and/or through the form and scale of development. b. (LU 15.4) Encourage the development of an automobile district that consolidates existing and accommodates additional automobile dealerships. c. (CE 2.3.1) Require development projects to mitigate off -site traffic impacts and pedestrian, bicycle, and vehicular conflicts to the maximum extent feasible. B-3 TENTATIVE TRACT MAP NO. 15734/CONDITIONAL USE PERMIT NO.98-49/ COASTAL DEVELOPMENT PERMIT NO.98-17 (SANDOVER) (CONTINUED FROM THE APRIL 13,1999 MEETING): APPLICANT: Hearthside Homes, Inc., c/o Ed Mountford LOCATION: Southwest corner of Bolsa Chica Street and Los Patos Avenue. PROJECT PLANNER: Wayne Carvalho Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49, and Coastal Development Permit No. 98-17 represent a request by Hearthside Homes, Inc. to subdivide approximately five (5) net acres for the construction of 16 single family residences. The request includes allowing residential building heights of up to 32 feet, 2 inches (measured from building pad to roof peak) and increased perimeter wall heights. , PC Minutes — 5/27/99 9 (99PCM427) At the April 13, 1999 Planning Commission meeting, 16 people spoke on the proposed subdivision. Issues raised included inadequate environmental review, impacts to biological and archeological resources, public services and utilities, and potential impacts resulting from soil conditions and drainage on the site. Following the public testimony, a motion to approve Mitigated Negative Declaration No. 98-11 with revised findings and mitigation measures (Attachment No. 2) passed on a 4-2 vote, with one commissioner absent. A motion to approve the tentative tract map, conditional use permit, and coastal development permit failed due to a 3- 3 tie vote resulting in an automatic continuance to the April 27, 1999 meeting. A Notice of Determination on the mitigated negative declaration was sent to the Orange County Clerk for posting. On April 21, 1999, an appeal was filed by the Bolsa Chica Land Trust citing that an environmental impact report should be prepared for the project based on inadequate studies/information on the impacts to archeological and biological resources. The item will be scheduled before the City Council at one of their upcoming meetings. The suggested findings and conditions of approval for the project have been modified to reflect the approved mitigation measures and the Planning Commission discussion at the last meeting. The revisions, which pertain to the submittal of archeological reports/surveys, and restrictions on perimeter wall heights to six (6) feet, have been incorporated into the conditions of approval in legislative draft form. In addition, the Bolsa Chica Street extension condition has been modified to require full street improvements adjacent to the tract. The Subdivision Committee has recommended a 24 foot wide interim street section which is also included for Planning Commission consideration. STAFF RECOMMENDATION: Staff maintains a recommendation for approval based on the project's consistency with the Low Density Residential Land Use designation in the General Plan and zoning regulations, compatibility with the existing residential uses across Los Patos Avenue and proposed land uses on the mesa (County of Orange). In addition, with implementation of the approved mitigation measures and recommended conditions, the development will not have a negative impact on the environment and the sensitive environmental resources in the Bolsa Chica. Commissioner Mandic stated that she had viewed the videotape of the April 13, 1999 meeting and was prepared to take action on the request. The Commission discussed procedures/processes that would notify future residents of the animal regulations contained in the mitigated negative declaration. They suggested the addition of a condition that would require the developer to pay the city for signs and installation costs that would identify the presence of sensitive resource areas in the area and local ordinances requiring confinement of pets. The Commission also discussed saving the eucalyptus trees along the proposed Bolsa Chica street extension, with a report to be completed by a certified arborist, identifying the health of each tree and recommendations to improve the health and ultimate life of those trees. The Commission stated that the Mitigated Negative Declaration No. 98-11, which was approved and certified at the April 13, 1999 meeting, was under appeal to the City Council. They asked legal counsel what would happen if this request was approved and the appeal on the negative declaration was upheld. Paul-D'Alessandro, Deputy City Attorney, stated the project would be void. PC Minutes — 5/27/99 10 (99PCM427) .y The majority of the Commission stated that the property owner has rights and as long as the request conforms with the City's General Plan and land use regulations they should support the request. Commissioner Kerins stated he.mould not be supporting the request because he feels it is "piece meal" development. A MOTION WAS MADE BY LAIRD, SECONDED BY SPEAKER, TO APPROVE TENTATIVE TRACT MAP NO.15734, CONDITIONAL USE PERMIT NO.98-49 AND COASTAL DEVELOPMENT PERMIT NO.98-17 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Chapman, Speaker, Biddle, Livengood, Mandic NOES: Kerins ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO.15734: 1. Tentative Tract Map No. 15734 for an approximate five (5) net acre residential subdivision for 16 single family detached residences is consistent with the General Plan Land Use Element designation of Low Density Residential on the subject property and the applicable provisions of HBZSO. The proposed single family residential subdivision is a permitted use. 2. The site is physically suitable for the type and density of development. The project's density is 3.4 units per net acre (excluding the Bolsa Chica Street extension) which is within the allowable density for Low Density Residential (max. 7 units per net acre). The project site is relatively flat and is compatible with the surrounding low density residential uses. 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project was evaluated under Mitigated Negative Declaration No. 98-11 which identified all potential environmental impacts. As a result, the project will comply with appropriate mitigation measures. 4. The design of the subdivision or the type of improvements will not conflict with public or private easements. The subdivision will provide all necessary'easements and will not affect any existing easements. The project is designed to provide future access to the proposed development on the Bolsa Chica mesa through Bolsa Chica Street south of the subdivision. Interior streets are also designed to link to the proposed interior streets in the County area. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-49: 1. Conditional Use Permit No. 98-49 for the establishment, maintenance and operation of the 16 unit single family residential subdivision, which includes building heights of up to 32 feet, 2 inches will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project is consistent with the character of the low density residential uses in the area. The increased roof peak heights will provide for enhanced architectural design while complying with the maximum building height of 35 feet. PC Minutes — 5/27/99 11 (99PCM427) 2. The conditional use permit will be compatible with surrounding residential uses as well as the proposed residential uses. The proposed grading, site layout and design of the 16 unit single family residential subdivision properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. Furthermore, the project is designed to either remain as a 16 unit project or incorporate into a future master plan community located within the County of Orange's jurisdiction. The proposed 16 unit single family residential subdivision will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The proposed residential subdivision complies will all code provisions, including lot size, setbacks, density, landscaping and parking. The increased building heights are permitted subject to approval of a conditional use permit. No variances are proposed as part of this request. 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 Low Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. . Provide for the timing of residential, commercial and industrial development coincident with the availability of adequate market demand to ensure economic vitality. (LU 1.1) b. Accommodate the development of single family residential units in areas designated by the Land Use Plan Map, as stipulated by the Land Use and Density Schedule. (LU 9.1.1) C. Require and single family residential units be designed to convey a high level of quality and character considering the following guidelines: 1) Modulate and articulate building elevation, facades, and masses (avoiding undifferentiated "box -like" structures). 2) Encourage innovative and creative design concepts. 3) Locate and design garages so that they do not dominate the street frontage. (LU 9.1.2) d. Require that the design of new subdivisions consider the following: 1) Establish a continuous network of sidewalks, bicycle and pedestrian paths, and other elements that link all community areas and provide linkages to land uses in adjacent areas. 2) Site and design of units and incorporate elements, such as porches, that emphasize front yards as an activity area and "outdoor living room," by locating garages in the rear or side yards. (LU 9.3.2) - e. Require that new development be designed to consider coastal views in its massing, height, and site orientation. (UD 2.1.1) f. Require that future development be designed and sited to maintain the natural topographic characteristics of the City including the minimization of the area and height of cuts and fills. (ERC 4.1.6) PC Minutes — 5/27/99 12 (99PCM427) 1 �I The building architecture and floor plan layout of the proposed homes offer a unique and creative design alternative consistent with the goals and policies noted above. The homes are designed with porches and outdoor living areas, and garages to the rear or separated by living area so not to dominate the street frontage. In addition, the subdivision layout is designed to provide for the necessary easements and improvements without impacting adjacent uses. The subdivision is designed to link with streets, sidewalks, and bicycle/pedestrian paths that are either existing or proposed in the area FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-17: 1. Coastal Development Permit No. 98-17 for the 16 unit single family residential development as conditioned, conforms with the General Plan, including the Local Coastal Program. The proposed subdivision complies with the Low Density Residential Land Use designation of the General Plan. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed subdivision will comply with all code provisions including density, building height, open space and parking. 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. Access, utilities, and all other infrastructure will be provided as required by the Huntington Beach Local Coastal Program, Zoning and Subdivision Ordinance and City standards. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Proposed subdivisions located 300 feet away from the water are not required to provide vertical or lateral access to coastal resources. Access is to be provided along a proposed collector street located in the County of Orange, extending from Bolsa Chica Street south of the proposed tract. In addition, bike and pedestrian trail easements are proposed along other portions of the future master plan community in the County of Orange. The project will not impact public views or access to coastal resources. CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO.15734: 1. The tentative map received and dated February 5, 1999, shall be the conceptually approved layout. 2. Prior to submittal of the final map for approval by the City Council, the following shall be required: a. An Affordable Housing Agreement Plan shall be submitted for review and approved by the Planning Department. The agreement shall provide for affordable housing on - site or off -site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 10 percent (two units) of the total number of approved housing units (16 units) shall be affordable to families of low income level (less than 80% of Orange County median) for a period of thirty years. PC Minutes — 5/27/99 13 (99PCM427) 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitated) are off -site, they must be under the full control of the applicant. The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. (Mitigation measure) b. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common access easements, maintenance of all streets, walls and common landscape areas by the Homeowners' Association, and requirement that all private streets be available to be accessed and incorporated into any adjacent future development. The CC&Rs must be in recordable form prior to recordation of the map. 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. The Final Map shall be consistent with the approved Tentative Map. (PW) b. All common area improvements shall be completed by the developer. c. A covenant shall be recorded with the County Recorder's Office requiring lettered lots B, C, D, E and F to remain under common ownership with the property owner of the adjacent larger parcel (in County of Orange). The covenant shall be reviewed and approved by the City Attorney's Office prior to recordation. d. Should the developer or Homeowner's Association decide to gate the tract, separate city approval will be required. All required Public Works and Fire Department Standards for turnaround, stacking and emergency access shall be complied with. e. The project shall comply with parkland dedication requirements. The developer shall dedicate a 30 foot wide easement along the entire length of the northerly property line of the adjacent open space parcel located east of the Bolsa Chica Street extension. (PW, CS) f. All vehicular access rights to Bolsa Chica Street and Los Patos Avenue shall be released and relinquished to the City of Huntington Beach except at location approved by the Planning Commission. (PW) g. The following shall be dedicated to the City of Huntington Beach on the Final Map: 1) A two (2) foot public utility easement as shown on said map (7 foot parkways or less) 2) The water system and appurtenances as shown on the improvement plans. 3) A 20 foot easement for sewer, water and emergency access purposes. 4) A walkway easement within "Lot A" adjacent to Los Patos Avenue. (PW) PC Minutes — 5/27/99 14 (99PCM427) h. The developer shall design the sewer system required to serve the development including flow tests to be determined by the Public Works Department. (PW) i. Final hydrology and hydraulic studies for both on and off site facilities shall be submitted for Public Works review and approval. (PW) (Mitigation measure) j. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. (Mitigation measure) k. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants" shall be submitted to the Department of Public Works. (PW) 1. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: 1. Tie the boundary of the map into the Horizontal Control System established by the County Surveyor 2. Provide a digital -graphics file of said map. (PW) in. All improvement securities (Faithful Performance, Labor & Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved by the City Attorney. (PW) n. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (PW) o. The developer or Homeowner's Association shall plan and allow for future connection and access to the two terminus points of "A Street." (PW) p. Fire hydrant locations shall be approved by the Fire Department. q. All applicable mitigation measures on Mitigated Negative Declaration No. 98-11 shall be adhered to. r. The developer shall dedicate 92 feet of right-of-way to construct the Bolsa Chica Street extension for a distance of 100 feet south of Los Patos Avenue then transition to a 69 foot right of way at the southerly tract map boundary. Bolsa Chica Street extension may either be constructed to its ultimate width or to an interim section that allows access to the 16 units. The interim section shall consist of two (2) lanes (minimum 28 feet in width), with necessary modifications to the existing striping treatment on Bolsa Chica Street, north of Los Patos Avenue. Prior to construction of any other portion of the mesa, Bolsa Chica Street extension may be fully improved per Public Works standards. (Public Works) PC Minutes — 5/27/99 15 (99PCM427) 4. 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. The plan shall also include an erosion and silt control plan for all water runoff during construction and site preparation work. Final grades and elevations on the Grading Plan shall not vary by more than one foot from the grades and elevations on the approved Tentative Map. (PW) (Mitigation measure) b. Grading activities shall be limited to insure that only the minimum amounts of cut and fill are allowed in order to provide for adequate drainage. Wherever possible, the grade of the property shall be kept at its present height. Public Works and Planning Departments shall review all grading plans to comply with this requirement. (Mitigation measure) c. In accordance with NPDES requirements, a "Water Quality Management Plan' shall be prepared by a Civil or Environmental Engineer. 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. (PW) (Mitigation measure) d. The Fire Department shall be notified of the environmental site auditor supervising testing operations during soil import. The selected environmental firm is responsible for obtaining Fire Department approval for their required testing plan. Any soil imported to the site shall be tested and certified free of contaminants (FD, PW) e. The proposed project shall identify a Class II Bikeway along the portion of Bolsa Chica Street fronting the proposed project. This bikeway shall be in accordance with that identified in the Commuter Bikeways Strategic Plan (CBSP), administered by Orange County Transportation Authority (OCTA). f. Blockwall/fencing plans shall be submitted to and approved by the Planning Department. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. Perimeter walls shall be limited to six (6) feet in height measured from top of slope/berm. g. 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 Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees (trunk greater than 10" in diameter) that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the projecVs landscape plan. (PW) (Code Requirement) (Mitigation Measure) 1 PC Minutes — 5/27/99 16 (99PCM427) C h. The developer shall coordinate with the City of Huntington Beach Public Works 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. The plan shall be submitted and approved by the Department of Public Works. (PW) (Mitigation measure) i. A certified archeologist shall survey the site. A survey report shall be submitted to and reviewed by the Planning Department. Evidence of a contract with a certified archeologist to monitor the site during grading activities shall be submitted to the Planning Department prior to any grading. (Mitigation measure) 5. During grading, the following shall be complied with: a. A certified archeologist shall monitor the site during grading activities. In the event significant cultural, paleontologic or archeological sites are unearthed, grading shall cease until proper documentation is accomplished. (Mitigation measure) b. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: c. Wet down areas in the late morning and after work is completed for the day; d. Use low sulfur fuel (.05%) by weight for construction equipment; e. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); f. Discontinue construction during second stage smog alerts. g. Maintain equipment engines in proper tune. 6. Prior to issuance of building permits, the tract map shall be recorded and all applicable conditions of the approved conditional use permit, coastal development permit, and mitigated negative declaration shall be complied with. 7. The Planning and Public Works Directors ensure that all conditions of approval are complied with. If any changes to the Tentative Map occur, these two Directors shall be notified in writing. The final map shall not be recorded until these Directors have 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 substantial, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT MAP NO.15734: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW ) PC Minutes — 5/27/99 17 (99PCM427) 2. Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 98-49/COASTAL DEVELOPMENT PERMIT NO.98-17: 1. The site plan, floor plans and elevations received and dated February 5, 1999 shall be the conceptually approved layout with the following modifications: a. 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. b. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. (Mitigation measure) c. Perimeter wall fencing shall be limited to six (6) feet in height measured from top of slopelberm. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All structures greater than 5,000 square feet in size (including garages), shall require an automatic fire sprinkler system with appropriate alarm systems installed throughout. Shop drawings shall be submitted and approved by the Fire Department. (FD) c. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 429. (FD) d. 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. Address numbers shall be installed to comply with City Specification No. 428. e. Three (3) fire hydrants shall be provided at locations specified by the Fire Department. The hydrants shall be installed prior to combustible construction. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. (FD) f. All Fire Department requirements shall be noted on the building plans. (FD). PC Minutes — 5/27/99 18 (99PCM427) g. Residential type structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report and plans, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). (Code Requirement) h. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) i. 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) j. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. k. Signing, striping and street lighting shall be designed and constructed on "A Street," `B Street," Los Patos Avenue, and Bolsa Chica Street (south of Los Patos Ave.) in accordance with Public Works Standards. (PW) 3. 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 signing and striping plan shall be prepared for Los Patos Avenue, "A Street," `B Street," and Bolsa Chica Street from Warner Avenue to `B Street." (PW) c. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) d. 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) (Mitigation measure) e. 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) PC Minutes — 5/27/99 19 (99PCM427) f. Compliance with applicable Tract Map conditions of approval. g. The applicant shall submit an arborist report, completed by a certified arborist, identifying the health of each eucalyptus tree within the project area and shall include recommendations to improve the health and ultimate life of those trees. 4. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. (Mitigation measure) 5. Prior to final building permit inspection and approval of the first residential unit, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping. 2) New street improvements including curbs, gutters, and sidewalks. (PW) 3) Water service to each lot. (PW) 4) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 5) Address numbers shall be installed to comply with City Specification No. 428. (FD) 6) Fire access roads shall be provided in compliance with City Specification No. 401. Include the Circulation Plan and dimensions of all access roads. (FD) b. All new and existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance. In addition, all electrical transformers shall be installed underground. (PW) c. The developer shall construct a water main in Bolsa Chica Street from the existing main in Los Patos Avenue to the southern boundary of the proposed development. (PW) d. Each proposed dwelling unit shall have a separate domestic meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). All meters shall be a touch read type. The domestic water service lateral size shall be a minimum of one (1) inch. (PW) e. Compliance with all conditions of approval specified herein and applicable Tract Map conditions of approval shall be accomplished and verified by the Planning Department. PC Minutes — 5/27/99 20 (99PCM427) �J 1 f. 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. g. The project shall comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429, Methane District Building Permit Requirements. (FD) h. Residents shall be given written notification of the presence of sensitive environmental resource areas adjacent to the project, and shall be instructed to obey all ordinances regarding confinement and leashing of pets. Local animal regulation agencies shall be contacted and requested to vigorously enforce all appropriate ordinances. This notification shall be subject to the approval of the Planning Department. (Mitigation measure) i. Verification of compliance with all Mitigated Negative Declaration No. 98-11 mitigation measures. j. Signs identifying the presence of sensitive resource areas in the area and local ordinances requiring confinement of pets shall be installed in locations specified by the Planning Department. 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17 shall not become effective until the ten working day appeal period has elapsed. 2. Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17 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 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. 98-49 and Coastal Development Permit No. 98-17, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. (PW) 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. An encroachment permit shall be required for all work within the right-of-way. (PW) PC Minutes — 5/27/99 21 (99PCM427) 7. State -mandated school impact fees shall be paid prior to issuance of building permits. 8. The development shall comply with all applicable provisions of the Municipal Code, Building 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. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED APRIL 13, 1999 D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUMHS E-1 * PLANNING COMMISSION SUBCOMMITTEE REPORTS NONE E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Kerins — stated that he had attended the City Council Downtown Subcommittee meeting Friday, April 23, 1999. He wanted the Commission to know that the Subcommittee had discussed the removal of the benches and trees on the corners of Main Street and Walnut Avenue to deter loitering. He stated that the Subcommittee had also discussed closing Main Street to vehicular traffic one block at a time on a trial basis. Commissioner Sneaker — commended the Outdoor Dining with Alcohol Sales Subcommittee for their work and recommendations. Commissioner Livenzood — asked staff to review the process for live entertainment permits. He stated that the current process puts a hardship on small business owners. He referred to the New Orleans Cafe on Beach Boulevard. Commissioner Mandic — requested that staff bring back an update on the periodic power outages that occur in the Humboldt/Trinidad Island area. Dave Webb stated that he had spoken with Jerry Dominquez with Southern California Edison Company, and will set up a meeting with Commissioner Mandic, Jerry and Himself. Commissioner Mandic asked legal counsel if they had received a request for legal opinion on which takes precedent the Subdivision Subcommittees recommendations or the CC&R's in regards to the horse trails in the Hampton's project. PC Minutes — 5/27/99 22 (99PCM427) F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director — restated actions taken at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Senior Planner — reviewed items for the May 11, 1999 Planning Commission meeting. G. ADJOURNMENT — Adjourn to the May 11, 1999 meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO ADJOURN TO A 5:15 PM STUDY SESSION ON MAY 11, 1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED MOTION PASSED /kjl APPROVED BY: Ho and Zelefsk , ecretary PC Minutes — 5/27/99 23 (99PCM427)