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HomeMy WebLinkAbout1999-07-271 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 27,1999 STUDY SESSION - 5:30 PM (Room B-8) LIST OF KEY ISSUES - PLANNER'S INSTITUTE AGENDA REVIEW — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE Council Chambers - Civic Center 2000 Main Street Huntington Beach, California P P P P P P P ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to speak. No action can betaken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non public hearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) A. ' ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.96-1071'VARIANCE NO.97-5/SIGN CODE EXCEPTION NO.97-3 (DEL TACO): APPLICANT: Dwight Capitani, Liberty Enterprises LOCATION: 17501 Beach Boulevard (southwest corner of Beach Boulevard and Slater Avenue) PROJECT PLANNER: Ricky Ramos Conditional Use Permit No. 96-107 represents a request by Dwight Capitani on behalf of Carl's Jr. to construct a new 1,978 square foot fast food restaurant with drive -through and outdoor dining. The request includes Variance No. 97-5 to allow reduced landscaping particularly along the Slater Ave. frontage. Sign Code Exception No. 97-3 is also proposed to allow a larger menu board than allowed by code. The applicant feels that they have a hardship that warrants approval of the landscaping variance due to the eleven (11) feet of right-of-way dedication required along Slater Ave. Staff believes that the use is too intense for the site, which is causing the need for the variance. The resulting net lot area after the dedication still exceeds the minimum lot size and width required in the CG district and can be developed with less intense uses such as retail in full compliance with code thereby maintaining property rights. The building design lacks architectural elements, roofline variation, and building offsets to provide an attractive design. That coupled with the large expanse of parking lot paving and minimal landscaping along the street frontage cause concern about the overall appearance of the development. Because of its location, the development should have a quality and unique building design and sufficient landscaping along the street frontages to help enhance the image of Beach Boulevard. The project as proposed is inconsistent with General Plan goals and objectives pertaining to the provision of high quality architecture, site layout, and landscaping. Additionally, the building could be redesigned and the drive -through eliminated to conform to code. STAFF RECOMMENDATION: Staff recommends denial of the project based on the following: • The variances to landscaping are a result of a proposed development that is too intense for the site. The resulting net lot after right-of-way dedication is large enough to comply with the minimum lot area and width required in the CG district. The parcel is not considered unusually small or irregular in shape compared to other commercial lots. It can be developed with other less intense commercial developments that comply with all minimum development standards thereby preserving property rights. • The project does not conform to the goals, policies, and objectives of the -General Plan. The proposed building is a boxy design with a flat roof. It does not incorporate adequate architectural elements, roofline variation, and building wall articulation for a quality design as called for in the General Plan to help enhance the appearance of the Beach Blvd. corridor and the general area. • The project will be detrimental to the area because it does not have sufficient landscaping at the appropriate locations to provide adequate buffering from view along streets and surrounding properties. Commissioner Biddle stated that he would abstain from taking action on this request due to a conflict of interest. THE PUBLIC HEARING WAS OPENED. PC Minutes — 7/27/99 2 (99PCM727) [1 Dwight Capitani, 104 E. State Street, Redlands, applicant, gave a brief history of the site. He stated that due to the proposed taking of land along Slater Avenue for conditioned street widening for a third traffic through lane on Slater Avenue a landscape variance is requested; however, the remainder of the site exceeds landscape requirements. He also stated that the proposed menu board sign is larger than permitted to allow the entire menu to be displayed and visible to the customers. Only customers in the drive -through lane will see the proposed menu board. Mr. Capitani stated that he has reviewed the alternative action conditions of approval and concurs with the exceptions of 6.a., h., f., 4.b. and Code Requirement No. 4. The Commission asked the applicant if they have had past success with a 24-hour drive -through next to a residential area and would they agree to cease the drive -through operation at 10:00 PM. Mr. Capitani stated that they have been very successful with the 24-hour operation next to residential. He stated that they are concerned with any excessive noise or loitering, as both would be bad for business. He further stated that the drive -through is an essential part of the business, citing two-thirds of the customers coming from the drive -through and closing at 10:00 PM would have a negative impact on the business. Melody J. Harrington, 7850 Slater Avenue, spoke in opposition to the request stating the proposed use would encourage loitering and excessive noise, which would be disruptive to the residential neighborhood. Mike Chong, 12 Sawmill, Dove Canyon, representing property owner, stated that the property owner has been trying to get a project on the site that would work. The only offers he has had have been fast food restaurants. Mr. Chong stated that this property, as a gas station, had once been the main source of income for the property owner and is anxious to get a viable business on the site. He encouraged the Planning Commission to support the request. Ronald Havis, 3 Clear Spring, Irvine, broker for the property owner and the applicant, urged the Commission to approve the landscape variance. He also urged the Commission to allow the owner to make an 11 foot easement dedication for a future road widening, reserving the right of the owner to use the 11 foot easement area for landscaping purposes, until such time as the other rights -of -way or dedications have been made by other owners, which would permit the City to construct, at City expense, an additional (third) through lane, per the General Plan. Joni Hendershot, 7850 Slater Avenue, 925, submitted a petition in opposition to the request. Ms. Hendershot stated that there are currently several Mexican food eating establishments in the area. Her main concern is the 24-hour operation. She stated that Slater Avenue has a high -risk element and the 24-hour operation will bring out the this element and create more problems for the area. Steve Olson, 23041 Avenida De La Carlota, Laguna Hills, representing Del Taco, stated the proposed establishment will not be a magnet for crime activities and it is in the company's best interest to maintain a safe site for the customer. The Commission asked Mr. Olson if they would concur with closing the drive -through window at 10:00 PM. Mr. Olson stated that the company would not concur with that condition. PC Minutes — 7/27/99 3 (99PCM727) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed approval of the proposed request with the following amendments: • The property owner's 11 foot easement shall be used for landscaping until the time of dedication to the City. • The drive -through speaker box device shall be a silent ordering system from 10:00 PM to 6:00 AM. The parking spaces adjacent to the residential area shall be roped off to prohibit parking from 10:00 PM to 6:00 AM. Delete conditions 6.g. and 61. • The applicant will replace the existing curb, gutter and sidewalk on Beach Boulevard and Slater Avenue along the frontage of this project. • A one (1) year review shall be imposed on the project. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO APPROVE CONDITIONAL USE PERMIT NO.96-107, VARIANCE NO.97-5 AND SIGN CODE EXCEPTION NO.97-3 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: Biddle MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-107: 1. Conditional Use Permit No. 96-107 for the establishment, maintenance and operation of a 1,978 square foot fast food restaurant with drive -through and outdoor dining and to construct a 4-foot high retaining wall topped with an 8-foot high block wall along the west property line adjacent to the manufactured home park 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 incorporates adequate architectural elements, roofline variation, building wall offsets, and landscaping to enhance the appearance of the area. The project will be reviewed by the Design Review Board to assure a quality design and compatibility with the area. The proposed 12 foot high wall will provide buffering for the abutting residential use. 2. The conditional use permit will be compatible with surrounding uses because the project as proposed includes adequate landscaping to provide sufficient screening. The building design and color palette blends in well with the general area. The project will be buffered from the abutting residential use by a 12 foot high wall. A noise analysis will be submitted to demonstrate compliance with the City Noise Ordinance. PC Minutes — 7/27/99 4 (99PCM727) 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The project has an adequate percentage of landscaping and meets or exceeds all other minimum development standards such as setbacks, building height, and parking. The project will comply with a condition of approval requiring more trees than called for in the zoning code. 4. The granting of the conditional use permit will not adversely affect the General Plan because the Land Use Element designation of Commercial General on the subject site allows the use. As modified by conditions, the project is consistent with the following goals and policies of the General Plan: a. LU 4 — Achieve and maintain high quality architecture, landscape, and public open spaces in the City. b. LU 10.1.4 — Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. c. CE 7 — Maintain and enhance the visual quality and scenic views along designated corridors. d. UD 1 — Enhance the visual image of the City. FINDINGS FOR APPROVAL - VARIANCE NO.97-5: 1. The granting of Variance No. 97-5 to provide a 1.5 foot wide landscape planter along Slater Avenue in lieu of 10 feet (8.5 foot reduction) and a 4 foot-4 inch wide landscape planter along the west property line in lieu of 7 feet (2 foot-8 inch reduction) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Landscaping variances have been approved for other similar properties in the city that have unique circumstances and hardships. 2. There are special circumstances applicable to the subject property, including size, shape, and location that cause the strict application of the zoning ordinance to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The irrevocable offer of dedication of 11 feet along Slater Avenue creates a special circumstance that makes it a hardship for the applicant to provide the required landscaping widths. 3. The granting of the variances is necessary to preserve the enjoyment of one or more substantial property rights because without it, the applicant will not be able to develop the project and comply with landscaping requirements due to the 11 feet being offered for dedication along Slater Avenue. The proposed building cannot be reduced in size any further without compromising the viability of the fast food restaurant operation. PC Minutes — 7/27/99 5 (99PCM727) 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 proposed 1.5 foot wide landscape planter along Slater Avenue in lieu of 10 feet (8.5 foot reduction) will be enhanced by the provision of 2-feet of landscaped vehicle parking overhang as well as additional trees required by a condition of approval. The proposed 4 foot-4 inch wide landscape planter along the west property line in lieu of 7 feet (2 foot-8 inch reduction) will be supplemented by a 12-foot high wall to provide additional buffering for the abutting residential use. 5. The granting of the variance with conditions will not adversely affect the General Plan. It is consistent with the following goals and policies of the General Plan: a. LU 4 — Achieve and maintain high quality architecture, landscape, and public open spaces in the City. b. LU 10.1.12 —Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including the consideration of incorporation of site landscape, particularly along street frontages and in parking lots. FINDINGS FOR APPROVAL - SIGN CODE EXCEPTION NO.97-3: Sign Code Exception No. 97-3 to allow a 35 square foot and 8 foot high menu board in lieu of a maximum of 10 square feet and 7 feet high is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Planning Commission. The menu board allowed by code is not adequate to meet the needs of the applicant. The request is consistent with recent approvals granted to other fast food restaurants. 2. The proposed signage will not adversely affect other signs in the area because it is located in the interior of the site along the drive -through lane and will not block other signs. 3. The proposed signage will not be detrimental to properties located in the vicinity because it will not be highly visible from surrounding properties due to its interior location. 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction because it is located along the drive -through lane and away from the driveways along Beach Boulevard and Slater Avenue. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.96-107/ VARIANCE NO.97-5/SIGN CODE EXCEPTION NO.97-3: 1. The site plan, floor plan, building elevations, and sign elevations received and dated May 20, 1999 shall be the conceptually approved layout with the following modifications: a. Add potted plants/trees in front of the outdoor dining area. PC Minutes — 7/27/99 6 (99PCM727) b. The pay phone shall be located inside the building. c. Include a canopy over the drive -through window. d. The landscape planter along Slater shall be expanded from 1.5 feet to 3.5 feet to allow vehicle overhang. e. Add/expand landscaped fingers per code at the end of each row of parking spaces by deleting parking in excess of code requirement. (Code Requirement) T. Expand the landscape planter along Beach Blvd. to a minimum interior dimension of 10 feet. (Code Requirement) g. The monument sign shall include a two (2) foot base. All directional signs shall be limited to two (2) square feet and shall not include the business name or logo. All signs shall comply with driveway and street intersection visibility cutoffs. (Code Requirement) h. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) i. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) 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) 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. PC Minutes — 7/27/99 7 (99PCM727) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. The Design Review Board shall review and approve the project (including signage), including the revised plans as modified pursuant to Condition No. 1. c. All Fire Department requirements shall be noted on the building plans. (FD). d. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) e. The applicant shall submit a noise analysis prepared by a licensed acoustical engineer indicating how the project (particularly the speaker box) complies with the City Noise Ordinance (Chapter 8.40). All recommended mitigation measures in the analysis shall be complied with. (Code Requirement) 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) c. A detailed soil analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. In addition, the report shall include a liquefaction analysis to determine what mitigation, if any, is required as defined in Public Resources Code Section 2693(c). (PW) PC Minutes — 7/27/99 8 (99PCM727) d. Block wall/fencing plans shall be submitted to and approved by the Planning Department. Double walls shall be prohibited if possible. If double walls are proposed, the applicant shall submit a letter from the abutting property owner indicating their refusal to have one common wall. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. Any gap between double walls shall be sealed to the approval of the Planning Department. 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 and 2.b 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 Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. An additional amount of palms shall be required along Slater Avenue to compensate for the narrow planter width. The quantity shall be double the normal street frontage (i.e. a total number of trees shall be determined by; one (1) tree per each 22.5 linear feet of street frontage or fraction thereof along Slater Avenue). Palms shall be substituted for trees and sized per the "City Palm Equivalent Formula" for 36" box trees. Additional palm planting areas shall be provided along the north building wall where the parking lines meet the curb. The landscaped area along Slater Avenue frontage shall be increased by moving the curb/wheel stop 2 feet to the south. (PW) (Code Requirement) c. The subject property shall provide an irrevocable offer to dedicate reciprocal driveway and parking easements, between the subject site and adjacent property to the south. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 60 days prior to building_ permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. Prior to issuance of a Certificate of Occupancy, a copy of the recorded document shall be filed with the Planning Department. (Code Requirement) PC Minutes — 7/27/99 9 (99PCM727) d. A tentative parcel map consolidating the two parcels shall be submitted and approved pursuant to Title 25 of the Huntington Beach Zoning and Subdivision Ordinance. Said map shall be recorded prior to final inspection and a copy submitted to the Planning Department. (Code Requirement) e. The Developer shall provide an irrevocable offer to dedicate 11 feet along Slater Avenue for future right turn pocket. This 11 feet shall only be used for landscaping and sidewalk in the interim. (PW) f. All applicable Public Works fees shall be paid. (PW) g. A grading permit shall be issued. (PW) h. The applicant shall submit specifications for the silent drive -through ordering system required under Condition No. 7.c. for approval by Planning staff. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit inspection and approval (occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. b. The applicant shall stripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. c. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping; 2) Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) PC Minutes — 7/27/99 10 (99PCM727) 3) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 4) 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. (FD) 5) Hydrant relocation and installation shall comply with Fire and Public Works Department standards. (FD) d. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. e. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. f. All new and existing overhead utilities (less than 66kv) shall be installed underground in accordance with the City's Underground Utility Ordinance. The existing overhead utilities along Slater Avenue shall be undergrounded and power poles removed. (PW) g. The existing westerly driveway on Slater Avenue shall be modified to conform to Standard Plan No. 211 (radius type driveway). (PW) h. The two existing driveways on Beach Boulevard and Slater Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW) i. The Developer shall construct a new driveway on Beach Boulevard per OCEMA Standard Plan No. 1210. (This driveway shall be posted "Right Turn Only"). (PW) The Developer shall remove and replace the existing curb, gutter and sidewalk on Beach Boulevard and Slater Avenue along the frontage of this project per direction of the Public Works Department and in accordance with the approved site plan. (PW) k. The entire project shall be designed to drain back to the northwest corner of the site and into a grate/clarifier, then to the storm drain. (PW) 1. The Developer shall construct a new 6" sewer lateral to serve the site. (PW) in. The existing 3/4" domestic meter and service serving the site shall be abandoned, per the City Water Division. (PW) n. The proposed building shall be served with a new, separate domestic/irrigation water service, (touch read), meter and backflow protection device. The water service and meter shall sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC). The irrigation service may be combined with the domestic service, and the lateral size shall be a minimum of 2". (PW) PC Minutes — 7/27/99 11 (99PCM727) o. Outdoor lighting shall utilize energy -saving lamps. All outside lighting shall be shielded and directed to prevent "spill -over" onto adjacent properties and shall be shown on the site plan and elevations. Lighting shall be capable of being dimmed to a minimum security level during of hours of non -operation of the facility. (PW) P. Revise the location of the right-of-way line at the west end of the project to be parallel with the centerline.of Slater Avenue. (PW) q. The applicant shall submit a copy of the recorded parcel map and irrevocable offer to dedicate reciprocal driveway and parking to the Planning Department. 7. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) b. Service roads and fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) c. The drive through speaker box device shall be turned off from 10:00 PM to 6:00 AM, and a silenfordering system shall be used instead. d. Parking spaces adjacent to the mobile home park shall be roped off to prohibit use from 10:00 PM to 6:00 AM. 8. A review of the use shall be conducted by the Staff with report to Planning Commission, within one (1) year from start of operation to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 96-107Nariance No. 97-5/Sign Code Exception No. 97-3 shall not become effective until the ten-day appeal period has elapsed. PC Minutes — 7/27/99 12 (99PCM727) 0 2. Conditional Use Permit No. 96-107Nariance No. 97-5/Sign Code Exception No. 97-3 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. 96- 107Nariance No. 97-5/Sign Code Exception No. 97-3, 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. A Caltrans permit shall be required for all work with the right-of-way along Beach Boulevard. (PW) 7. A Certificate of Occupancy must be issued by the Building and Safety Department prior to occupying the building. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. 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. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaping, written approval must be obtained from the Departments of Planning and Public Works. Substantial changes shall require approval by the Planning Commission. 12. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. PC Minutes — 7/27/99 13 (99PCM727) B-2 ZONING TEXT AMENDMENT NO 99-2 (SMALL LOT DEVELOPMENT STANDARDS): APPLICANT: City of Huntington Beach LOCATION: Residential Medium Density (RM), Residential Medium -High Density (RMH) and Residential High Density (RH) Districts Citywide. PROJECT PLANNER:. Wayne Carvalho Transmitted for Planning Commission consideration and recommendation to the City Council is Zoning Text Amendment No. 99-2, a request by the City of Huntington Beach to amend the Huntington Beach Zoning and Subdivision Ordinance (ZSO) by establishing development standards for small lot residential subdivisions in the RM, RMH, and RH Districts citywide. Similar standards currently exist elsewhere in the City including the Holly Seacliff Specific Plan, and Meadowlark Specific Plan. The new standards would allow developers the option to build detached single family residential projects on small lots in areas generally planned for multi -family attached projects. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of Zoning Text Amendment No. 99-2 to the City Council for the following reasons: • The proposed zoning text amendment provides the option for development of small lot subdivisions in multi -family residential districts citywide. • The proposed development standards will ensure that small lot subdivisions are architecturally designed to provide a healthy and aesthetically pleasing environment and remain compatible with existing surrounding residential uses. The proposed zoning text amendment will not adversely impact the City's review and public hearing process. • The proposed zoning text amendment is consistent with the goals and policies specified in the Land Use and Economic Development Elements of the General Plan. THE PUBLIC HEARING WAS OPENED. Richard Harlow, 211-B, Main Street, stated that his concerns are outlined in the matrix in Attachment No. 6.1 of the Staff Report. The Attachment is a letter from Hunsaker and Associates dated received July 21, 1999. PC Minutes — 7/27/99 14 (99PCM727) 1 1 I Bijan Sassounian, 6782 Presidente Drive, requested that the Commission separate the requirements for small lot subdivisions and one (1) lot condominium maps and act only on the requirements for small lot subdivisions on this date. Bill Hexmalhalch, 17875 Von Karman, Irvine, architect, presented a slide show to the Commission highlighting the architecture and neighborhood designs of existing small lot developments. He stated that the current design guidelines in the ordinance may be too strict to incorporate different and good architecture. THERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The following modifications were made to the Draft Ordinance by the Planning Commission (majority vote): Issue Modification Minimum Building Site or Lot Size 3,100 sq. ft. (3,400 sq. ft. avg.) Minimum Lot Frontage 40 ft. Cul de sac and knuckle 30 ft. Maximum Height Dwellings 30 ft.; max. 2 stories 3`d level <500 sq. ft. permitted Min. 5/12 roof pitch No decks above the second story Accessory Structures 15 ft. Minimum Setbacks Front Dwelling 15 ft. + offsets in front fa ade Covered Porches unenclosed 10 ft. Garage 18 ft. w/6 ft. sidewalk 20 ft. without sidewalk Upper Story Upper story setback shall be varied Side 8 ft. aggregate, min. 3 ft. 0 ft. permitted with min. 8 ft. on other side Street Side 10 ft.; includes min. 4 ft. landscape lettered lot 6 ft. between bldg. and prop. line Rear Dwelling 15 ft.; 50% of bldg. width may be at 13 ft. Garage 3 ft.; 0 ft. if garage is designed to back to another garage Maximum Lot Coverage 50% + 5% for covered porches, patio covers, balconies. PC Minutes — 7/27/99 15 (99PCM727) Issue Modification Minimum Interior Garage Dimension (width x Min. 400 sq. ft.; min. 18 ft. wide depth) Minimum Building 6 Separation to Accessory Building Open Space Private unit None Common (project) Projects of 20 units or more: 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: Min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open sace requires min. 10 ft. dimension. Required Parking Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. Plus min. 1 on -street space per unit for guest/visitor parking A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application. Street Sections Streets The city shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems — On -street parking shall be provided on both sides of the street. Sidewalks/Parkways Sidewalks shall be provided on both sides of the street Min. 6 ft. landscape parkway shall be provided on both sides of the street. Sidewalk widths shall be designed to Public Works Standards. Walls and Fences Block walls required; may allow wrought iron element where appropriate Landscaping free we115 GuJQl:G11L LV lalluJbatn. ycua..."J .,.. �.............. of curb is encouraged, however shall not encroach into the min. 24 foot wide drive aisle. Also see Chapter 232 PC Minutes — 7/27/99 16 (99PCM727) F� A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO APPROVE ZONING TEXT AMENDMENT NO.99-2 AS AMENDED WITH FINDINGS AND FORWARD THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Biddle, Livengood, Mandic NOES: Speaker ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.99-2: 1. Zoning Text Amendment No. 99-2 to establish development standards for small lot single family residential subdivisions in RM, RMH and RH Districts citywide is consistent with the goals and policies contained in the City's General Plan. The amendment is consistent with the objectives, policies, general land uses and programs specified in the Land Use Element of the General Plan, including the requirement that development be designed to account for the unique characteristics of project sites and objectives for community character and assure that all small lot developments in multi -family districts be designed to be compatible with existing adjacent uses, regardless of density or zoning designation. Furthermore, the proposed code amendment will specify the approval process and development standards for small lot, detached single family residential projects and will require small lot subdivisions be of high quality and design with respect to building architecture and site layout, including parking, landscaping and open space. 2. In the case of a general land use provision, the change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which the small lot subdivisions would be permitted. The proposed amendment addresses the RM, RMH, and RH Districts citywide, permitting small lot subdivisions with the approval of a conditional use permit and tentative map. 3. A community need is demonstrated for the change proposed. The City Council and Planning Commission have recognized the need to offer a more viable option to developers of multi family residential properties without jeopardizing the character of existing multi family residential areas. The amendment will provide for housing types which are in demand in the present housing market, and allow for development of single family detached units. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will permit the development of small lot, single family residential subdivisions, while protecting the general welfare of property owners and tenants within multi -family zoning districts. PC Minutes — 7/27/99 17 (99PCM727) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO CONDUCT AND FORWARD TO CITY COUNCIL A SURVEY OF ORANGE COUNTY CITIES, INCLUDING THE COUNTY OF ORANGE, OF THERE FIRE REQUIREMENTS FOR A 36 FOOT STREET WITHOUT FIRE SPRINKLER REQUIREMENTS, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: Speaker MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 22,1909. A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 22,1999, BY THE FOLLOWING VOTE: AYES: Laird, Kerins; Chapman, Speaker, Biddle,-Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED JULY 13,1999. k A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 13,1999, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 7/27/99 18 (99PCM727) D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS NONE E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Chapman — asked staff to investigate who will maintain the landscaping around the new Holly Seacliff School. Staff stated that the School District has scheduled a meeting next week with City Administration, City Council, School District personnel and area homeowners to discuss the matter. Staff will report the outcome of the meeting back to the Planning Commission. Commissioner Chapman asked staff about the approved wildlife hospital on Pacific Coast Highway and its compliance with the conditions of approval, specifically landscaping requirements. Staff stated that the condition of approval provides a two (2) year time period for the landscaping to occur. This condition will expire in November of 1999, at which time the applicant may request an extension of time. Commissioner Chapman asked staff if they had yet determined if the portion of the alley to be vacated in General Plan Conformance No. 99-1 is city owned in fee or in easement. Staff stated that it is city owned in easement. Commissioner Speaker — requested that staff explain a letter he had received regarding the Meadowlark Development Agreement extension. Staff stated that the Meadowlark Development Agreement has expired and the applicant has filed for an extension of the Agreement. The applicant has also proposed minor changes, which have been forwarded to the City Attorney to review, and there will then be a 30 day review period. The issue will come before the Planning Commission in approximately four (4) to six (6) months. Commissioner Biddle — asked staff to investigate when the sewage treatment plant would complete the landscaping they had promised to do. Staff stated that they would investigate and report back. Commissioner Mandic — asked staff to clarify the process for vacating the alley downtown between Loma Avenue and Adams Avenue, parallel to Main Street that came before Planning Commission at the July 13, 1999 meeting for the general plan conformance. Staff stated that after the Planning Commission approves a general plan conformance it is forward to the City Council who will advertise and hold a public hearing and receive the Planning Commission's recommended action. The City Council will hold a second hearing to finalize the approval. PC Minutes — 7/27/99 19 (99PCM727) Commissioner Mandic stated that some facades being constructed in the downtown area are very unsightly, and she asked why the Design Review Board was not reviewing them. Staff stated that the Design Review Board only reviews areas of the downtown that are within the Downtown Specific Plan area. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director — restated actions from the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Principal Planner — reviewed items for the August 10, 1999 Planning Commission meeting. G. ADJOURNMENT —Adjourn to the August 10, 1999 meeting. A MOTION WAS MADE BY LAIRD, SECONDED BY CHAPMAN, TO ADJOURN TO A 5:30 PM STUDY SESSION ON AUGUST 10, 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 /kjl Pla in om sion Chairperson--,- PC Minutes — 7/27/99 20 (99PCM727)