HomeMy WebLinkAbout1999-12-14MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, DECEMBER 14,1999
STUDY SESSION — 6:00 PM
(Room B-8)
BUS SHELTERS — Rich BarnardlBob Hidusky
AGENDA REVIEW — Herb Fauland
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 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 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 TENTATIVE TRACT MAP NO. 15816/CONDITIONAL USE PERMIT NO. 99-3/
VARIANCE NO.99-18/NEGATIVE DECLARATION NO.99-2 BEACH AND
ATLANTA RESIDENTIAL CONDOMINIUMS) (Continued from October 26, 1999
With the Public Hearing Closed):
APPLICANT: Rick Julian/Advanced Real Estate Services
LOCATION: Northeast corner of Beach Blvd. and Atlanta Ave.
PROJECT
PLANNER: Ricky Ramos
Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3, Variance No. No. 99-18, and
Negative Declaration No. 99-2 represent a request by Advanced Real Estate Services to
subdivide 10 gross acres for the construction of 86 two- and three-story, 30-foot high, detached
single family residential condominiums. The development will be gated with primary access off
Beach Blvd. and secondary emergency access off Atlanta Avenue. The proposed homes range in
size from 2,180 to 2,776 square feet and meet all development standards, except for any
variances concurrently approved.
The project was continued from the October 26, 1999 meeting to allow the applicant to address
several issues identified by the Planning Commission. During the preparation of this report, the
applicant submitted revised plans on December 7, 1999 indicating their proposal for lowering the
site and for a redesigned project access to address concerns expressed by the Planning
Commission and area residents. As a result of lowering the site further, the revised plan now
includes a retaining wall along the flood control channel that ranges in height from two to five
feet. The site plan now also includes one additional unit for a total of 86 units. Staff is in the .
- process of completing a review and plan check of the revised plans and is awaiting any revised
comments and conditions from other departments. Staff will attempt to prepare and present a
recommendation on the revised plans at the December 14, 1999 Planning Commission meeting.
The previous plan presented at the October 26, 1999 hearing indicated the lowering of the site to
pad elevations of 9.5 to 12.5 feet. The most recent plan now indicates that the site will be
lowered further to elevations of 7 feet along the channel with elevations towards Beach
Boulevard of 9 to 10 feet. This results in an additional reduction in height of up to 5.5 feet next
to the flood control channel. The latest plan now also shows project access further south on
Beach Boulevard, separate from the existing frontage road access north of the site. This is option
#1 suggested by Herb White in his letter of November 2, 1999. A traffic study was not
submitted because the new project entry design eliminates the previous circulation concerns with
the original design showing access off the frontage road. The applicant has yet to give staff any
preliminary indications of how they intend to address the following other issues identified by the
Planning Commission:
• Increase the width of open space lot E to the 50 feet minimum dimension to be usable
pursuant to the draft Small Lot Development Ordinance.
• Address how the findings for approval of the variances can be made.
• Provide landscaped parkways pursuant to the draft Small Lot Development Ordinance.
The mandatory processing date for the Negative Declaration is December 14, 1999 and the
Planning Commission must act on the Negative Declaration at the December 14, 1999 meeting.
Staff recommends approval of the Negative Declaration based on the following:
The Negative Declaration No. 99-2 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available
for a public comment period of twenty (20) days. Comments received during the comment
period were considered by the Planning Commission prior to action on the Negative
Declaration No. 99-2, Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3, and
Variance No. 99-18.
PC Minutes—12/14/99 2 (99p=1214)
♦ Mitigation measures, which will be incorporated into the conditions of approval, avoid or
reduce the project's effects to a point where clearly no significant effect on the environment
will occur.
♦ There is no substantial evidence in light of the whole record before the Planning Commission
that the project, as mitigated through the conditions of approval for Tentative Tract Map No.
15816, Conditional Use Permit No. 99-3, and Variance No. 99-18, will have a significant
effect on the environment.
STAFF RECOMMENDATION:
Staff recommends approval of Negative Declaration, Tentative Tract Map, Conditional Use
Permit, and Variance based on the following:
♦ It is consistent with the General Plan Land Use Element designation of Residential Medium
Density, the Housing Element, and its goals, policies, and objectives.
♦ It will be an extension of the predominantly residential character of the area and will be
compatible with the existing development to the north, east, and in the surrounding area.
♦ The grade difference, particularly to the north will be addressed through the use of a
landscaped setback and retaining wall to provide a transition in elevation.
♦ The units will be compatible with the surrounding area because they will have the same
height and bulk as most typical detached single family dwelling units. The project will have
an appealing streetscape through the incorporation of varied elevations and use of three plan
types with distinct elevation treatments and colors.
♦ The variances will allow the development of a site designated for multi -family development
with a product type that has the appearance of detached single family dwellings for greater
compatibility with the area at a lower density than found in attached multi -family
developments.
♦ It will comply with mitigation measures identified in Negative Declaration No. 99-2 and
should not have a negative impact on the environment.
♦ The gated access will not compromise public safety nor detract from the visual character of
the project.
• There will be adequate parking on -site based upon the number of parking spaces provided
which meets code combined with guest parking at one space per unit.
The recommendation included a condition to lower the site to the greatest extent feasible while
maintaining compliance with flood zone requirements.
Staff stated that they are now recommending continuance of the proposed request as the new plans
were only received December 7, 1999 and staff has not had a chance to do a plan check. Also the
retaining wall and maximum number of units were not identified in the original legal notice.
However, due to the mandatory processing time, the negative declaration must be acted upon this
evening.
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A MOTION WAS MADE BY ]KERINS, SECONDED BY LIVENGOOD, TO REOPEN THE
PUBLIC HEARING FOR ITEM B-1, BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
Chairperson Speaker reminded the public speakers that only items that have been changed should
be addressed in the public hearing. These issues would include height, drainage, retaining wall
and entrance.
THE PUBLIC HEARING WAS OPENED.
Richard Cook, 8071 Sail Circle, stated that he was happy to see that the entrance had moved but
was still concerned with drainage issues. He also stated that he wished to see the retaining wall as
low as possible so as not to create a fortress look
Louis Kaa, 20801 Catamaran Lane, stated he was concerned regarding drainage issues but Public
Works comments had eliminated those concerns tonight.
Leonie M. Herting, 8162 Kingfisher Drive, spoke in support of the proposed request.
Bill Rommerdahl, 20921 Catamaran Lane, stated he would like to see the site lowered even more.
Maynard Zwaagstra, 20818 Beach Boulevard, stated he is concerned with the entrance and exit to
the site'and the elevation of the site is still too high.
Dick Harlow, 211-B Main Street, representing applicant, stated he feels they have addressed the
majority of concerns cited by the Planning Commission and the residents. He also stated that since
they have lowered the elevation of the site, it created a need for the retaining wall.
Paul Gold, 20816 Beach Boulevard, stated concern regarding the elevation still being too high.
Jason Boyd, 20812 Beach Boulevard, stated concern that the elevation of the site is still to high.
Rick Julian, applicant, urged the Planning'Commission approval.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Planning Commission discussed continuing the request to the January 11, 2000 meeting to
enable staff to complete a plan check of the revised plans submitted December 7, 1999 and prepare
conditions of approval, as well as to provide proper legal notice of the revised request.
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A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE TO APPROVE
NEGATIVE DECLARATION NO.99-2 WITH FINDINGS AND MITIGATIONS
MEASURES, BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO CONTINUE
TENTATIVE TRACT MAP NO. 15816, CONDITIONAL USE PERMIT NO.99-3 AND
VARIANCE NO.99-18 TO THE JANUARY 11, 2000 MEETING, BY THE FOLLOWING
VOTE:
AYES: Kerins, Chapman, Biddle
NOES: Laird, Speaker,, Livengood, Mandic
ABSENT: None
ABSTAIN: None
MOTION FAILED
A MOTION WAS MADE BY SPEAKER, SECONDED BY LIVENGOOD TO APPROVE
THE ROUGH GRADING PLAN AND CONTINUE CONDITIONAL USE PERMIT NO.
99-3 AND TENTATIVE TRACT MAP NO.15816 TO THE JANUARY 11, 2000 MEETING,
MOTION WAS WITHDRAWN.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO CONTINUE
TENTATIVE TRACT MAP NO.15816, CONDITIONAL USE PERMIT NO.99-3 AND
VARIANCE NO.99-18 TO THE JANUARY 11, 2000 MEETING AND RE -NOTICE THE
PUBLIC HEARING TO INCLUDE 86 HOMES AND THE RETAINING WALL, BY THE
FOLLOWING VOTE:
AYES:
Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
PC Minutes — 12/14/99 5 (99p=1214)
FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.99-2:
1. The Negative Declaration No. 99-2 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available
for a public comment period of twenty (20) days. Comments received during the comment
period were considered by the Planning Commission prior to action on the Negative
Declaration No. 99-2, Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3, and
Variance No. 99-18.
2. Mitigation measures, which will be incorporated into the conditions of approval, avoid or
reduce the project's effects to a point where clearly no significant effect on the environment
will occur.
3. There is no substantial evidence in light of the whole record before the Planning Commission
that the project, as mitigated through the conditions of approval for Tentative Tract Map No.
15816, Conditional Use Permit No. 99-3, and Variance No. 99-18, will have a significant
effect on the environment.
MITIGATION MEASURES — NEGATIVE DECLARATION NO.99-2:
1. The approved site plan and fencing plan shall be modified as follows subject to the approval
of the Planning Department:
a. Wall setbacks and a series of planters or other design alternatives shall be incorporated to
minimize the visual impact of the proposed retaining wall and wall along the north
project boundary to the approval of Planning staff. (Mitigation Measure)
2. Prior to issuance of grading permits, the following shall be completed:
b. Prior to issuance of precise grading permits, the applicant shall submit and obtain
approval from the Manager, Subdivision and Grading, of a Water Quality Management
Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be
used on -site to control predictable pollutant runoff. This WQMP shall identify, at a
minimum, the routine, structural and non-structural measures specified in the Countywide
NPDES Drainage Area Management Plan (DAMP) Appendix which details
implementation of BMPs whenever they are applicable to a project, the assignment of
long-term maintenance responsibilities (specifying the developer, parcel owner,
maintenance association, lessee, etc.); and shall reference the location(s) of structural
BMPs. (Mitigation Measure)
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Negative Declaration No. 99-2 shall not become effective until the ten day appeal period
has elapsed.
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2. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Determination at the County of Orange Clerk's Office. The check shall be made out to the
County of Orange and submitted to the Planning Department within two (2) days of the
Planning Commission's action.
B-2 CONDITIONAL USE PERMIT NO.98-37/COASTAL DEVELOPMENT PERMIT
NO.98-12/SPECIAL PERMIT NO.99-1/SPECIAL PERMIT NO.99-2 (117, 119,
121,123 MAIN STREET COMMERCIAL)(Continued from November 23, 1999
With Public Hearing Closed):
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 with Special Permits and Coastal Development Permit No.
98-12 represent requests by Jeff Bergsma to add new 2"d stories to 119, 121, and 123 Main Street
and to complete interior and exterior remodels including a new common facade for 117 through
123 Main Street. A new restaurant/banquet facility with outdoor patio dining and alcohol service
is proposed on the 2"d floor of 117 Main Street to complement the existing Perq's Bar on the 1st
floor.
The Planning Commission continued the project from the November 23, 1999 meeting and
directed staff to prepare findings and conditions for 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 applicant has
submitted a narrative indicating why the Special Permit is necessary and how the findings for
approval can be mad. Proper legal notice was published in the Huntington Beach/Fountain
Valley Independent on December 2, 1999, and notices were sent to property owners, occupants,
and individuals/organizations requesting notification.
Pursuant to direction from the Planning Commission, the applicant revised the site plan, floor
plans, and elevations to be consistent with the rendering submitted and to incorporate the
recommendations of the Design Review Board (DRB), including adding potted plants to the
front and rear of the buildings and special pavers along the entries. The applicant has yet to
incorporate the DRB's recommendation to add architectural treatments/accents to the front
windows.
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STAFF RECOMMENDATION:
Staff continues to recommend denial of the Conditional Use Permit, Coastal Development
Permit, and Special 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, and multi -paned decorative windows as outlined in the Downtown Design
Guidelines.
• The project is not in compliance with the minimum development standards for the front
setback for the 2nd 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.
A MOTION WAS MADE BY BIDDLE, SECONDED BY CHAPMAN, TO REOPEN THE
PUBLIC HEARING FOR ITEM B-2, BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
Chairperson Speaker reminded the public speakers that only items that have been changed should
be addressed in the public hearing. This would include issues relative to balcony and conditions
of approval imposed on the project.
THE PUBLIC HEARING WAS OPENED.
Keith Bohr, 415 Townsquare Lane, #219, representing applicant, stated that he felt political factors
were influencing the Commission's vote. He stated that the Commission should be looking at land
use issues and the design perimeters of the project.
Jeff Bergsma, 221 Main Street, applicant, stated it was his understanding that tonight the
discussion would be about cantilevered balcony and open space. He requested that the
Commission approve the request and the special permit using the findings outlined in his narrative.
James A. Lane, 637 Frankfort Avenue, spoke in support of the proposed request stating that the
applicant's have had a real hardship placed on there properties and too many conditions imposed
on the project.
PC Minutes—1V14199 8 (99p=1214)
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THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Planning Commission discussed continuation of the proposed request to allow for a study
session on the Downtown Specific Plan and Design Guidelines.
A MOTION WAS MADE BY SPEAKER, SECONDED BY KERINS, TO CONTINUE
CONDITIONAL USE PERMIT NO.98-37, COASTAL DEVELOPMENT PERMIT
NO.98-12, SPECIAL PERMIT NO.99-1 AND SPECIAL PERMIT NO.99-2 TO THE
JANUARY 11, 2000 PLANNING COMMISSION MEETING STUDY SESSION AND
PUBLIC HEARING, BY THE FOLLOWING VOTE:
AYES:
Laird, Kerins, Chapman, Speaker
NOES:
Biddle, Livengood, Mandic
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
B-3 CONDITIONAL USE PERMIT NO.99-61/LOT LINE ADJUSTMENT NO.99-5
(ST. PETERS BY THE SEAS
APPLICANT: Charles W. Ford
LOCATION: 16871, 16911, 16931 Bolsa Chica Street (west side of Bolsa Chica
Street, between Warner Avenue and Pearce Street)
PROJECT
PLANNER: Amy Wolfe
Conditional Use Permit No. 99-61 and Lot Line Adjustment No. 99-05 is a request by Charles
W. Ford on behalf of St. Peter's By the Sea Presbyterian Church, to accommodate the siting of a
new two-story, 7,472 sq. ft. sanctuary/multi-purpose structure and install landscaping and
hardscape improvements on the project site. The Lot Line Adjustment will modify existing lot
line boundaries for three adjoining lots. The site adjoins commercial uses to the south, and
residential uses to the west and north. Commercial and multiple -family residential uses exist to
the east across Bolsa Chica Street.
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STAFF RECOMMENDATION:
Staff has evaluated the project with regard to general planning/ land use compatibility issues and
determined that the proposed development and lot line adjustment, will implement General Plan
land use goals, are in compliance with applicable Huntington Beach Zoning and Subdivision
Ordinance (ZSO) standards applicable to the property and will be compatible with adjacent
development. Staff recommends approval of Conditional Use Permit 99-61 and Lot Line
Adjustment 99-05 for the following reasons:
The proposed project will not have any adverse environmental impacts. With standard
conditions of approval and the proposed site design, project issues will be mitigated to a level
of insignificance. Existing mature trees which are proposed to be removed will be replaced
in accordance with ZSO requirements.
• The proposed project is consistent with the goals and objectives of the City's General Plan
which encourage the development of institutional, educational and religious uses. The
religious facility will fulfill numerous social, religious and community needs of existing and
future Huntington Beach residents.
The subject development proposal will be in compliance with the CG (General Commercial)
zoning district regulations inclusive of building setbacks, landscaping and off-street parking
standards and City policies related to site planning. On site landscaping and parking
improvements will comply with ZSO requirements.
• The project's scale will be compatible with existing development on site and properties in the
immediate vicinity. Building mass offsets will be provided to articulate and segment the
building elevations. The project will convey a quality visual image and character.
THE PUBLIC HEARING WAS OPENED.
Chuck Ford, 16492 Barnstable, applicant, stated that he concurred with staff s -recommendation.
A. Lewis Dominy, 2150 W. Washington, San Diego, architect, stated that he was available to
answer any questions.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE
CONDITIONAL USE PERMIT NO.99-61 AND LOT LINE ADJUSTMENT NO.99-5
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
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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(e)2 of the California Environmental Quality Act, because the
proposed religious assembly building addition to the existing facility will not result in an
increase of more than 10,000 sq. ft. Existing mature trees which are proposed to be removed will
be replaced in accordance with ZSO requirements.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-61:
Conditional Use Permit No. 99-61 for the expansion of the existing St. Peter's By the Sea
religious assembly facility involving construction of a 7,472 sq., ft, Sanctuary/Multi-purpose
building, demolition of a residence and installation of parking and landscaping
improvements, 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 subject facility will fulfill numerous social, educational and community
needs of existing and future residents of Huntington Beach. The project's scale and design
will convey quality visual characteristics.
2. The conditional use permit will be compatible with surrounding uses. The building massing
and architectural treatment in conjunction with landscaping and on -site circulation and
parking improvements will improve the appearance of the development and its surroundings.
The project's scale will be compatible with existing development on site and properties in the
immediate vicinity.
3. The proposed religious assembly 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 CG
zoning district. The proposed development plan provides setbacks, parking and landscaping
in compliance with the CG (General Commercial) zoning district.
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 CG-F 1 (Commercial General) on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan: q -
LU4.1.2 Require that an appropriate landscape plan be submitted and implemented for
development projects subject to discretionary review.
LU 4.2 Ensure that structures and sites are designed and constructed to maintain their long-
term quality.
LU 4.2.1 Require that all structures be constructed in accordance with the requirements of
the City's building and other pertinent codes and regulations; including new, adaptively
reused, and renovated buildings.
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LU 13 Achieve the development of a mix of governmental service, institutional.educational,
and religious uses that support the needs of Huntington Beach residents.
L U 13.1 Provide for the continuation of existing and development of new uses, such as
governmental, administrative, public safety, human service, cultural, educational, religious,
and other uses that support the needs of existing and future residents and businesses.
LU 13.1.2 Allow for the continuation of existing and development of new religious facilities
in any land use zone where they are compatible with adjacent uses and subject to City review
and approval.
The proposed development plan for the expansion of the St.Peter's By the Sea church facility
promotes development of the building site in a manner that will convey quality site planning
and landscape design. The project is consistent with General Plan Land Use goals, objectives
and policies which encourage development of a mix of governmental service, institutional,
educational, and religious uses that support the needs of Huntington Beach residents and
advocate continuation of existing religious facilities where they are compatible with adjacent
uses.
FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO.99-05:
1. The granting of Lot Line Adjustment No. 99-05 for the modification of the subject lot
boundaries will not create any additional parcels or building sites. The proposed adjustment
will shift existing parcel lines and will reduce the number of existing lots from three (3) to
two (2) lots in order to allow proper siting of a new religious assembly building on the
property.
2. The resulting parcels from the lot line adjustment will conform to Titles 20-24 of the
Huntington Beach Zoning and Subdivision Ordinance because they will comply with
minimum lot width and area development standards applicable to parcels within the CG
zoning district.
3. The lot line adjustment will not sever any existing structure on either of the two parcels. The
subject lot line adjustment is proposed in conjunction with the development of the site with a
new religious assembly facility and removal of an existing residence.
4. The lot line adjustment will not allow a greater number of dwelling units than allowed prior
to the adjustment.
5. A plat map showing the lot line adjustment has been prepared and approved and will be filed
in accord with the provisions of Section 253.24.
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CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-61:
1. The site plan, floor plans and elevations received and dated October 7, 1999 shall be the
conceptually approved layout with the following modifications:
a. A refuse storage area screened on three sides by a 6 ft. masonry wall and equipped with a
gate, or located within the building shall be depicted on the site plan or floor plan. (Code
Requirement)
b. 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)
c. 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)
d. 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.
e. 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.
2. Prior to issuance of demolition permits, the following shall be completed:
a. The applicant shall follow all procedural requirements and regulations of the South Coast
Air Quality Management District (SCAQMD) and any other local, state, or federal law
regarding the removal and disposal of any hazardous material including asbestos, lead,
and PCB's. These requirements include but are not limited to: survey, identification of
removal methods, containment measures, use and treatment of water, proper truck
hauling, disposal procedures, and proper notification to any and all involved agencies.
b. Pursuant to the requirements of the South Coast Air Quality Management District, an
asbestos survey shall be completed.
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c. The applicant shall complete all Notification requirements of the South Coast Air Quality
Management District.
d. The City of Huntington Beach shall receive written verification from the South Coast Air
Quality Management District that the Notification procedures have been completed.
e. All asbestos shall be removed from all buildings prior to demolition of any portion of any
building.
f. A truck hauling and routing plan for all trucks involved in asbestos removal and
demolition of the existing structures shall be submitted to the Department of Public
Works and approved by the Director of Public Works.
g. The applicant shall disclose the method of demolition on the demolition permit
application for review and approval by the Building and Safety Director.
3. Prior to issuance of grading permits, the following shall be completed:
a. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. The entire site must drain into a clarifier
prior to entering the storm drain system per Public Works requirements. (PW)
b. A detailed soils 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. (PW)
c. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review
and approval. (PW)
d. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be
submitted to the Department of Public Works for review and approval by the Park, Tree
and Landscape Division. The Developer shall submit irrigation demands to ensure
proper irrigation service sizing. (PW)
e. Hydrology and hydraulic studies for both on and off site facilities shall be submitted.
(PW)
f. A sewer study may require a 7-10 day flow test at locations determined by the Public
Works Department. (PW)
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g. The name and phone number of a field supervisor who is on -site shall be submitted to the
Planning Department and Public Works Department. In addition, clearly visible signs
shall be posted on the perimeter of the site indicating who to contact for information
regarding this development and any construction/ grading activity. 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.
4. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on all the working
drawing sets used for issuance of building permits (architectural, structural, electrical,
mechanical and plumbing) and shall be referenced in the index.
b. All Fire Department requirements shall be noted on the building plans. (FD)
c. 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)
5. Prior to issuance of building permits, the following shall be completed:
a. All applicable Public Works fees shall be paid. (PW )
b. A grading permit shall be issued. (PW )
c. A Lot Line Adjustment shall be recorded with the County of Orange. (PW )
d. 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.
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The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Eighteen (18) existing mature
trees that will be removed shall be replaced at a two to one ratio (2:1) with minimum 24
inch box trees or Palm equivalent and shall be incorporated into the project's landscape
plan. One-half (1/2) of the replacement trees or Palm equivalent will be planted with the
first phase of the project and the other one-half (1/2) shall be planted with the second
phase of the project. (PW) (Code Requirement)
e. Parcel 1 and Parcel 2 shall enter into irrevocable reciprocal driveway and parking
easement. The legal instrument shall be submitted to the Planning Department a
minimum of 30 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 final building
permit approval. A copy of the recorded document shall be filed with the Planning
Department for inclusion in the entitlement file prior to final building permit approval.
(Code Requirement)
f. Fire access roads shall be provided in compliance with City Specification 401. Include
the Circulation Plan and dimension of the access road. (FD)
g. A Fire Protection Plan, in compliance with City Specification 426, shall be submitted/
approved to the Fire Department. (FD)
h. The project shall comply with all provisions of the Huntington Beach Fire Code and City
Specification 422, Well Abandonment(Show specific location and status of Oil Well,
Healy & Neylan, "Fortune Knox" Department of Oil and Gas # 55-8356). (FD)
i. Installation and removal of underground flammable or combustible liquid storage tanks
shall comply with Orange County Environmental Health and Huntington Beach Fire
Department requirements. (FD)
j. Elevators shall be sized to accommodate an ambulance gurney. The minimum
dimensions are 6'-8" wide by 4'-3" deep with a 42-inch wide (min) right or left side
opening. Center opening doors require a 54-inch depth. (FD)
6. During demolition, grading, site development, and/or construction, the following shall be
adhered to:
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;
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d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name
and phone number of a field supervisor to contact for information regarding the
development and any construction/ grading activity.
7. Prior to issuance of a Certificate of Occupancy, 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 landscaping.
b. Fire extinguishers will be installed and located in areas to comply with Huntington Beach
Fire Code Standards found in City Specification #242. (FD)
c. A fire alarm system will be installed providing Manual Pull Station(s), Water Flow,
Valve Tamper, Trouble Detection, 24-hour Supervision, Annunciation, Audible Alarms,
Graphic Display, Voice Communication, and Smoke Detectors. (FD)
d. Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
e. 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)
f. 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)
g. One (1) fire hydrant, per City Specification 407, shall 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. Indicate hydrant
location and Fire Department connections. (FD)
h. An automatic fire sprinkler systems shall be approved and installed throughout,
pursuant to Fire Department regulations. Shop drawings shall be submitted and
approved by the Fire Department prior to system installation. (FD)
i. All new and existing utilities shall be installed underground. (PW )
j. Each proposed building shall have a separate, domestic water meter and service, sized to
meet the minimum requirements set by the Uniform Plumbing Code (UPC). The service
lateral shall be a minimum of 2-inches in size. (PW)
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k. The existing 1-inch and 6-inch water services serving the site may potentially be utilized
if they are of adequate size, conform to current standards, and are in working condition as
determined by the Water Division. If a new water service is necessary, it shall be
installed per Water Division standards and sized to meet the minimum requirements set
be the Uniform Plumbing Code (UPC). The service lateral shall be a minimum of 2-
inches in size. (PW)
1. Each proposed building shall be served by at least one separate fire service. (PW)
m. Separate backflow protection shall be installed, per the City of Huntington Beach Water
Division standards for domestic, irrigation and fire water services. All existing backflow
protection devices serving the site shall be replaced. (PW)
n. No public water service shall serve more than one parcel. (PW)
o. Each proposed parcel shall be served by an irrigation system, separate from the domestic
and fire protection water systems: (A private irrigation system may serve more than one
parcel, provided that the appropriate agreements and/or covenants are instituted.) (PW)
p. The existing private water well shall be abandoned per City and Orange County Health
Department requirements. (PW)
q. New driveways shall be constructed per City of Huntington Beach Standard Plan No.
211. (PW)
r. Construct new curb, gutter and sidewalk at removed locations per City Standards. New
curb shall be painted red. (PW)
s. Outdoor lighting shall utilize energy -saving lamps. All outside lighting shall be directed
to prevent "spill -over" onto adjacent properties, shall be shown on the site plan and
elevations, and shall not emit glare skyward. Lighting shall be capable of being dimmed
to a minimum security level during hours of non -operation of the facility. (PW)
t. A 6-inch sewer lateral shall be required. (PW)
u. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Planning Department.
v. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
w. 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.
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x. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429 for new construction within the methane gas
overlay districts. (FD)
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.
CONDITIONS OF APPROVAL — LOT LINE ADJUSTMENT NO.99-05:
1. Lot Line Adjustment No. 99-5 submitted and dated October 7, 1999 shall be the conceptually
approved document with the following modifications:
a. The assigned Lot Line Adjustment case number (LL 99-05) shall be included/referenced
in the final document prior to recordation. (PV)
b. The Lot Line Adjustment No. 99-05 documents shall be stamped by a currently licensed
land surveyor.(PV)
2. Lot Line Adjustment No. 99-05 shall not be recorded with the County of Orange until the
existing residence on current APN 178-263-11 is demolished.
3. Lot Line Adjustment No. 99-05 shall be recorded with the County of Orange prior to
building permit issuance.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
3. Lot Line Adjustment No. 99-05 and Conditional Use Permit No. 99-61 shall not become
effective until the ten calendar day appeal period has elapsed.
4. Lot Line Adjustment No. 99-05 and Conditional Use Permit No. 99-61 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.
5. The Planning Commission reserves the right to revoke Lot Line Adjustment No. 99-05 and
Conditional Use Permit No. 99-61, 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.
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6. 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.
7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
8. 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.
9. All landscaping shall be maintained in a neat and clean manner, and in conformance with
the HBZSO. Prior to removing or replacing any landscaped areas, check with the
Departments of Planning and Public Works for Code requirements. Substantial changes
may require approval by the Planning Commission.
10. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Planning Department.
11. Traffic Impact Fees shall be paid prior to the time of final inspection or issuance of a
Certificate of Occupancy. (PW)
12. Public Works construction permit shall be required for all work within'the right-of-way.
(PW)
13. A Certificate of Occupancy must be issued by the Planning Department and Building and
Safety Department prior to occupying the new building.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED OCTOBER 26, 1999.
A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE
PLANNING COMMISSION MINUTES DATED OCTOBER 26,1999, BY THE
FOLLOWING VOTE:
AYES: Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: Laird
ABSTAIN: None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
NONE
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E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
Commissioner Kerins — stated that the Bolsa Chica Sub -committee report was ready to
be presented to the City Council.
E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Kerins — requested that staff add to the zoning text amendment processing
list, a recommendation to make single story housing more than encouraged, but required
as a percentage in certain projects.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
None
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Senior Planner — reviewed items for the January 11, 2000 Planning
Commission meeting.
G. ADJOURNMENT —Adjourn to annual Holiday Party at Chimayo Restaurant on the
Huntington Beach Pier and then to the regularly scheduled meeting of January 11,
2000 meeting. The December 28, 1999 meeting has been cancelled
A MOTION WAS MADE BY ]KERINS, SECONDED BY SPEAKER, TO ADJOURN TO
CHIMAYO RESTAURANT AND THEN TO A 4:00 PM STUDY SESSION ON
JANUARY 11, 2000, AND THEN TO REGULARLY SCHEDULED PLANNING
COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES: Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: Laird
ABSTAIN: None
MOTION PASSED
/kjl
APPR VED BY:
oward Zelef ,Secretary Pla( ping om i n Chairperson
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