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HomeMy WebLinkAbout1999-11-231 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, NOVEMBER 23,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:00 PM (Room B-8) BEACH AND ATLANTA RESIDENTIAL CONDO PROJECT - PROGRESS REPORT — Ricky Ramos SRO (107 UNITS) ON ELLIS —Jane James AGENDA REVIEW — Herb Fauland REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P A 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 be taken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduledfor PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 TEMPORARY USE PERNIIT NO.99-7 (APPEAL) (PENINSULA PARK MODEL HOME COMPLEX): APPELLANT: Tom Harman, City Council Member APPLICANT: PROJECT PLANNER: Bill Holman, PLC Ricky Ramos Temporary Use Permit No. 99-7 is a request by Bill Holman of Peninsula Park LLC to establish a model home complex and sales trailer in conjunction with the development of the Peninsula Park detached single family residential subdivision. On October 6, 1999, the Zoning Administrator approved the request finding that it is compatible with the residential character of the area and will not be detrimental to the general welfare of the neighborhood. During the ten-day appeal period, the City received a letter from City Council Member Tom Harman appealing the Zoning Administrator's decision. Council Member Harman's appeal is based on the following: 1. The issue of dust control is inadequately addressed in the conditions of approval. 2.. The temporary use permit will not be compatible with the surrounding uses because the model homes will generate additional traffic that may conflict with construction traffic in the area and impact the surrounding land uses. - 3. Circulation design and turn around area of the sales parking lot needs to be addressed. 4. Night lighting may be insufficient and needs to be identified on the plans. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Temporary Use Permit No. 99-7 based on the following: • The request is consistent with the General Plan Land Use element designation of Residential Low Density on the subject site and conforms to it goals, policies, and objectives. • 'The request complies with all development standards including the provision of adequate parking and directional signage. • The proposed model home complex is only a temporary use and is a typical accessory use found in newly constructed residential subdivisions. It is compatible with the character of the area which is approved for residential development. • Area streets have been designed to accommodate the traffic from ultimate build -out in the area. The traffic generated from the model home complex is not considered significant enough to be detrimental to the area. • Adequate dust control and night lighting will be provided pursuant to recommended conditions of approval. PC Minutes—11/23/99 2 (99PCM1123) THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza Drive, #250, representing applicant, stated that they have reviewed and concur with the conditions of approval recommend by staff with the exceptions and clarifications to Conditions No. 3.b., No. 5.g., No. 51. and 5.n. Jeff Rulon, 23 Corporate Plaza Drive, #250, representing Christopher Homes, stated that they will adhere to the conditions of approval applied to the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed dirt and dust issues relative to the construction portion of the project and modified conditions of approval to assure the applicant's compliance with eliminating fugitive dust. A MOTION WAS MADE BY LAIRD, SECONDED BY MANDIC, TO APPROVE TEMPORARY USE PERMIT NO.99-7 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE; AYES: Laird, Kerins, Chapman, Speaker, Biddle, Mandic NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator 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 15304 of the CEQA Guidelines, because it involves a minor temporary use of land having negligible or no permanent effects on the environment. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO.99-7: 1. Temporary Use Permit No. 99-7 for the establishment, maintenance and operation of the model home complex and sales trailer 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 proposal is only a temporary use and is consistent with the character of the development in the area. Ample parking, lighting, and directional signage will be provided for the use. Adequate dust control measures will be taken pursuant to recommended conditions of approval. Customer and construction traffic interference will be minimized to the satisfaction of the Public Works Department. PC Minutes — 11/23/99 3 (99PCM1123) 2. The temporary use permit will be compatible with surrounding uses because the area is approved for detached single family residential units. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Holly-Seacliff Specific Plan, 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 request is allowed by approval of the entitlement and all code requirements will be met including the provision of adequate parking. 4. The granting of the temporary use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO. 99-7: 1. The site plan received and dated August 4, 1999 shall be the conceptually approved layout with the following modifications: a. The two parallel parking spaces shall be 19 feet long each with an eight (8) foot maneuvering space in between. A minimum 26-foot wide drive aisle shall be provided for the 90 degree parking spaces. 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 trap fence shall be limited to a maximum height of 3.5 feet. (Code Requirement) c. The project identification sign with parking directional sign shall be located outside the 10-foot by 10-foot driveway corner visibility cut off. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of grading permits, the following conditions 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) PC Minutes — 11/23/99 4 (99PCM1123) b. The name and phone number of the developer and a field supervisor hired by the developer who is on -site shall be submitted to the Departments of Planning and Public Works. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/she will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. In addition, clearly visible signs shall be posted on the perimeter of the site (every 250 feet) indicating who to contact (both the name and phone number of the developer and field supervisor) for information regarding grading and construction activities, and to call "I-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. c. The applicant shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control and provide a plan to the Planning and Public Works Departments indicating such compliance. d. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of the information required under Condition 3.b as well as the schedule for grading at least 30 days prior to such grading. 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. - b. A $5,000 cash bond shall be posted with the City to guarantee compliance with the conditions of approval and code requirements. c. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Holly-Seacliff Specific Plan, Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PW) (Code Requirement) d. Interference between customer and construction traffic shall be minimized to the extent feasible to the satisfaction of the Public Works Department. (PW ) e. All facilities, especially the sales trailer, shall be accessible as defined by the ADA. (PW)(Code Requirement) PC Minutes — 11/23/99 5 (99PCM1123) 5. During construction and grading operations, the applicant shall: a. Wet down areas in the late morning and after work is completed for the day; b. Use low sulfur fuel (.05%) by weight for construction equipment; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts. e. Water trucks will be utilized on the site and shall be available to be used throughout the day in the areas where vehicles travel and the soils are processed to keep the soils damp enough to prevent dust raised by the operations. f. All haul trucks shall arrive at the site no earlier than 8:00 a.m., or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. g. Construction equipment shall be maintained in peak operating condition to reduce emissions. h. Truck idling shall be prohibited for periods longer than 10 minutes. i. The construction disturbance area shall be kept as small as possible. j. All haul trucks traveling outside of the city shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas. k. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. 1. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. in. Wind barriers shall be installed along the perimeter of the site. an. Ensure clearly visible signs are posted on the perimeter of the site identifying the name 3 and phone number of the developer and a field supervisor to contact for information .regarding the development and any construction/ grading activity. 6. Prior to final building permit inspection and approval and commencement of use, the following shall be completed: a. Signing and striping modifications to Summit Avenue at the project entrance shall be completed. (PW) PC Minutes—11/23/99 6 (99PCM1123) b. Street lighting at the entrance, in front of the model homes, and in between, shall be functional or temporary lighting shall be used. The parking area shall also be satisfactorily lit. (PW ) c. Conditions of CUP No. 98-51 apply to water facilities construction necessary to establish the model homes and sales trailer. (PW ) d. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 2) A fire alarm system will be installed in homes with sprinklers and provide the following: a) water flow, valve tamper and trouble detection; b) smoke detectors; c) audible alarms. (FD) 3) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 4) Address numbers will be installed to comply with City Specification No. 428. (FD) 5) Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. (FD) 6) Automatic fire sprinkler systems shall be installed throughout on all buildings over 5,000 square feet or those deemed a hazardous risk by the Fire Department. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) 7) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 8) A Fire Protection Plan in compliance with City Specification 426 shall be submitted for Fire Department approval. (FD) 9) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification 422 (Well Abandonment). Well locations and model site locations must be submitted to the Fire Department for analysis of well mitigation system installations. (FD) 10) The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429, Methane District Building Permit Requirements. (FD) 11) Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and HBFD requirements. (FD) 12) Security gates shall be designed to comply with City Specification 403. (FD) e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 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. PC Minutes — 11/23/99 7 (99PCM1123) 7. The sales office shall be discontinued within 30 days following close of escrow of the last unit. (Code Requirement) 8. The sales office shall not be converted or expanded into a general business office for the contractor or developer. (Code Requirement) 9. The temporary sales trailer shall be removed upon completion of the model homes. 10. Temporary signs and flags shall be permitted as part of the temporary use permit approval. The signs and flags shall be immediately removed upon the close of escrow bf the last unit. 11. All conditions of approval of Tentative Tract Map No. 15675 and Conditional Use Permit No. 98-51 shall remain in effect. 12. 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 REOUIREMENTS: 1. Temporary Use Permit No. 99-7 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 99-7 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 Temporary Use Permit No. 99-7, 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 1 PC Minutes—11/23/99 8 (99PCM1123) 7. 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. B-2 CONDITIONAL USE PERMIT NO.98-37/COASTAL DEVELOPMENT PERMIT NO.98-12/SPECIAL PERMIT NO.99-1 (117,119,121,123 MAIN STREET COMMERCIAL)• APPLICANT: Jeff Bergsma LOCATION: 117, 119, 121, and 123 Main Street (west side between PCH and Walnut Ave.) PROJECT PLANNER: Ricky Ramos Conditional Use Permit No. 98-37 and Coastal Development Permit No. 98-12 represent a request by Jeff Bergsma to complete interior and exterior remodels, including a new common fagade for 117 through 123 Main Street. The proposal includes a new 2"d story addition to 119 and 121 Main Street. The existing one-story building at 123 Main Street is proposed to be demolished and replaced with a new two-story building. A new restaurantibanquet facility with outdoor patio dining and alcohol service is proposed on the 2"d floor of 117 Main Street. A special permit is recommended by staff to require the 1st and 2"d floors of the buildings to be setback at a seven (7) feet build -to -line in lieu of five (5) feet as required by code. The special permit recommendation is consistent with the approved setback of the adjacent Oceanview Promenade project. It should be noted the applicant is not in support of the 7 feet setback on both the I" and 2"d floor where the balconies are proposed at a two (2) feet build -to -line. Staff is recommending denial of the request as submitted by the applicant because the project is not in compliance with the Downtown Design Guidelines, is not in compliance with the staff recommended setbacks along Main Street, and does not provide accessible public open space. Therefore the proposed project is not compatible with the development downtown and will be a detriment to the general welfare of the immediate area. PC Minutes — 11/23/99 9 (99PCM1123) STAFF RECOMMENDATION: Staff recommends denial of the Conditional Use Permit and Coastal Development Permit based on the following: The project is not in compliance with the Mediterranean and pedestrian -oriented design called for in the Downtown Design Guidelines. The project does not incorporate adequate building setback and roofline variation and articulation, decorative architectural details/elements, multi -paned decorative windows, and special pavers/tile lead-in paths to the main entry as outlined in the Downtown Design Guidelines. The project is not in compliance with the minimum development standards for the front setback for the Vd floor balconies as well as the intent of providing the required public open space where it is most readily visible, accessible, and usable by the general public. The project is not in compliance with several goals, policies, and objectives of the General Plan relating to architectural design and site layout. THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, 924 Main Street, applicant, stated that staff directed him to keep the building architecturally themed and he redesigned incorporating Design Review Board's recommendations. He stated that there are other similar projects within the downtown area and feels they are a good design element. He also stated that he meets the public open space requirements. James Lane, 637 Frankfort Avenue, spoke in support of the request stating that the applicant has come up with the best project for the area. Frank Alfonso, 6630 Vickiview Drive, Westhills, spoke in support of the request stating that the property owners have been trying to get a viable project for the past 12 years and urged the Commission to approve the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY MANDIC, SECONDED BY BIDDLE TO APPROVE CONDITIONAL USE PERMIT NO.98-37, COASTAL DEVELOPMENT PERMIT NO. 98 Y2 AND SPECIAL PERMIT NO.99-1 WITH THE PROVISIONS THAT, THE DESIGN REVIEW BOARD RECOMMENDATIONS BE INCORPORATED AND A HISTORICAL PLAQUE WITH HISTORY OF BUILDING BE PLACED ON EACH BUILDING. COMIVIISSIONER LAIRD REQUESTED AN AMENDMENT TO THE MOTION TO APPROVE THE PROJECT WITH THE EXCEPTION OF THE BALCONIES AND RE - ADVERTISE FOR THE BALCONIES AND BRING BACK TO THE COMMISSION. THE ORIGINAL MOTION AND THE AMENDMENT WERE WITHDRAWN. PC Minutes—11/23/99 10 (99PCM1123) The Planning Commission stated they would be continuing the project to the December 14, 1999 meeting and directed staff to prepare findings and conditions of approval for consideration by the Planning Commission. In addition, the Planning Commission directed the applicant to include a request for a Special Permit to allow the 2°d floor balcony for all four buildings at a setback of two (2) feet in lieu of the five (5) feet build -to -line required along Main Street. The Commission also directed the applicant to revise the site plan, floor plans, and elevations to be consistent with the rendering submitted and to incorporate the recommendations of the Design Review Board including adding potted plants to the front and rear of the buildings and special pavers along the entries. A MOTION WAS MADE BY MANDIC, SECONDED BY LAIRD, TO CONTINUE CONDITIONAL USE PERMIT NO.98-37, COASTAL DEVELOPMENT PERMIT NO. 98-12 AND SPECIAL PERMIT NO.99-1 TO THE DECEMBER 14, 1999 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Mandic NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Biddle — stated that he and Commissioner Mandic had toured the Northam House. E-2 PLANNING COMMISSION INOUIRIES/COMMENTS Commissioner Laird — requested staff to report back with an update on bus shelters. Commissioner Kerins — requested staff to arrange a tour of the SRO project in Irvine. Commissioner Kerins thanked staff for providing the Commission with the news article regarding cul-de-sacs. PC Minutes—11/23/99 11 (99PCM1123) I Commissioner Biddle — requested that staff assure that the new conditions of approval for dust control be required on all future projects that they pertain to and be enforced by the appropriate staff. Commissioner Mandic — requested that staff monitor the condition of approval that requires dirt trucks to be watered down while in the city and covered for transportation outside the city. If the condition proves to be acceptable, it should be considered for addition to the proposed Ordinance. Commissioner Mandic requested that a vote be taken to request the Planning Commission Chairperson to send a letter to PLC requesting that security be provided for the Northam House as it has historical significance and is being vandalized to a point that may be beyond repair. Legal Counsel stated that a vote cannot be taken on this matter until it is advertised and agendized. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner — restated actions taken at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Senior Planner — discussed items for the December 14, 1999 meeting. G. ADJOURNMENT —Adjourn to the December 14, 1999 meeting. A MOTION WAS MADE BY ]KERINS, SECONDED BY SPEAKER, TO ADJOURN TO A 5:00 PM STUDY SESSION ON DECEMBER 14, 1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Mandic NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED /kjl APPROVED BY: oward Ze ky, Secretary TianWing' om s ' Chairperson PC Minutes—11/23/99 12 (99PCM1123)