HomeMy WebLinkAbout2000-01-11MINUTES
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HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, JANUARY 11, 2000
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION — 4:00 PM
(Room B-8)
DOWNTOWN SPECIFIC PLAN OVERVIEW/117-123 MAIN STREET — Ricky Ramos
MAIN STREET 245 SENIOR UNITS —Amy Wolfe
BENT SFR VARIANCE —Amy Wolfe
AGENDA REVIEW — Herb Fauland
PUBLIC COMMENTS:
Debbie Cook, Homeowner, Ellis Goldenwest, addressed the Planning Commission regarding the
Bent Single Family Residence Variance and indicated that she is the Homeowner Association
President and that the request should comply with the requirements of the Ellis Goldenwest
Specific Plan.
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P P P P P
ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOMINATIONS AND ELECTION OF CHAIRPERSON
[COMMISSIONER CHAPMAN WAS ELECTED CHAIRPERSON (7-0)]
NOMINATIONS AND ELECTION OF VICE -CHAIRPERSON
[COMMISSIONER MANDIC WAS ELECTED VICE -CHAIRPERSON (7-0)]
RECESS - REORGANIZATION OF SEATING
PRESENTATION TO OUTGOING CHAIRPERSON FRED SPEAKER BY NEW
CHAIRPERSON
AGENDA APPROVAL — The Public Hearing for Item B-2 was re -opened by a unanimous
vote.
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
Herb White, 8012 Sunset Circle, stated concern regarding the lack of sidewalks and
soundwall provisions on the northeast corner of Beach Boulevard and Atlanta Street. He
is also concerned that there are no plans for future construction of such.
B. PUBLIC HEARING ITEMS
B-1 TENTATIVE TRACT MAP NO. 15816/CONDITIONAL USE PERMIT NO.99-3/
VARIANCE NO 99-18 BEACH AND ATLANTA RESIDENTIAL
CONDOMINIUMS) (CONTINUED FROM DECEMBER 14,1999 WITH THE
PUBLIC HEARING CLOSED):
APPLICANT: Rick Julian/Advanced Real Estate Services
LOCATION: Northeast corner of Beach Blvd. and Atlanta Avenue
PROJECT
PLANNER: Ricky Ramos
Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3, and Variance No. 99-18
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 Ave. 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 December 14, 1999 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. The applicant has addressed the
main issues regarding primary access, site elevation, and drainage. The revised plans now depict
project access further south on Beach Boulevard, separate from the originally proposed primary
access from the existing frontage road north of the site. 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 latest submittal now indicates that the site will be lowered further to elevations of 7 feet
along the flood control 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 channel. 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 about 1.5 to 5 feet. The revised plans also resulted in one
additional *unit, which brings the total request to 86 units. -
The revised development plan as proposed and modified by recommended conditions of
approval will not be detrimental to the area. The subdivision will be an extension of the
residential character of the area by combining the density of a multi -family project with the
appearance of detached single family dwellings to be compatible with the surrounding area.
Adequate access that will not be detrimental the area will be provided. The project elevation has
been lowered further to assure greater compatibility with the area.
PC Minutes—1/11/00 2 (OOpcmlll)
STAFF RECOMMENDATION:
Staff recommends approval of the 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 project's elevation in relation to the abutting properties has been minimized with the
proposal to further lower the site while still being in compliance with floodplain
requirements.
• 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 project includes adequate circulation and access that is separate from the adjacent
development so as not to be a detriment to the area. 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 PUBLIC HEARING WAS CLOSED AT THE DECEMBER 14,1999 MEETING.
The Commission discussed dust control issues and signs, allowing Lot E to be included in the
open space calculation, deleting the requirement for meandering street patterns and allow a six
(6) foot high wall on berms that are two (2) feet high in lieu of the suggested eight (8) feet. They
also discussed the issue of new affordable housing units verses rehabilitated affordable housing
units.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE TO APPROVE
TENTATIVE TRACT MAP NO. 15816, CONDITIONAL USE PERMIT NO.99-3 AND
VARIANCE NO.99-18 WITH FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Laird, Mandic, Biddle, Livengood, Speaker
NOES: Kerins, Chapman
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes — 1/11/00 3 (OOpcml 11)
FINDINGS FOR APPROVAL - TENTATIVE MAP NO. 15816:
1. Tentative Tract Map No. 15816 for the subdivision of 10 acres into 20 numbered residential
lots for development of 86 detached single family residential units and nine (9) lettered
common area lots with private streets is consistent with the General Plan Land Use Element
designation of RM-15 (Residential Medium Density — Maximum 15 dwelling units per net
acre) on the subject property, and any other applicable provisions of this Code except for any
variances approved concurrently with this application. The proposed residential subdivision
for the development of 86 detached residential condominium units is permitted in the RM
designation.
2. The site is physically suitable for the type and density of development. The project density
of 8.6 dwelling units per net acre complies with the maximum permitted density of 15
dwelling units per net acre in the General Plan and Huntington Beach Zoning and
Subdivision Ordinance. The proposed lot sizes and widths comply with the Huntington
Beach Zoning and Subdivision Ordinance.
3. The design of the subdivision or the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife *or their habitat. Negative Declaration No. 99-2 was prepared which analyzed the
impacts of the project.
4. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. The
subdivision will provide all necessary easements and will not affect any existing easements.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-3:
1. Conditional Use Permit No. 99-3 for the following:
a. establishment, maintenance and operation of the 86 two- and three-story, 30 foot high,
detached single family residential condominiums;
b. gated access;
c. development on a lot with greater than a three (3) foot grade differential between the high
and low point;
d. a retaining wall up to 3.5 feet high and topped with a ten (10) foot high wall along the
west and north sides of the existing abutting pump station;
e. a retaining wall up to 5 feet high and topped with a six (6) foot high wall along the east
side of the project adjacent to the flood control channel;
f. a retaining wall up to four (4) feet high along the north side of the project with a
landscaped planter behind it and a six (6) foot high wall at the top of the slope;
J
PC Minutes—1/11/00 4 (00pcm111)
will not be detrimental to the general welfare of persons working or residing in the vicinity or
detrimental to the value of the property and improvements in the neighborhood because the
project as proposed and modified by conditions imposed will include an attractive design that
will incorporate varied elevations, architectural elements, colors, and materials that blend in
and add to the appearance of the area. The gated access will comply with all fire and
emergency access requirements and will not compromise public safety nor detract from the
visual character of the project. The combination retaining wall and block wall along the
north and west sides of the pump station will provide added security by prohibiting entry into
the facility. The combination retaining wall and block wall along the east side adjacent to the
flood control channel is hidden from most public views and is a result of lowering the site to
address compatibility concerns. Finally, the combination retaining wall, landscape planter,
and block wall along the north side provides an attractive treatment to the grade differential.
2. The conditional use permit will be compatible with surrounding uses because it is an
extension of residential uses which predominate the area. The site is buffered from
surrounding uses by Beach Blvd. a 138-foot wide arterial, Atlanta Ave. a 100-foot wide
arterial, and a 100-foot wide flood control channel. Buffering to the north will include at
least a 43 foot building -to -building separation between the existing six -unit condo complex
and the closest unit in the development. This separation includes a four (4) foot high
retaining wall with a five (5) foot wide landscaped planter and a six (6) foot high wall behind
it.
3. The proposed conditional use permit 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 conditions required for the proposed use in the district in which it
would be located. The development complies with minimum development standards.
(including lot size/width, building height, and parking) except for any variances approved
concurrently
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 RM-15 (Residential Medium Density —
15 units per net acre) on the subject property. In addition, it is consistent with the following
goals, policies and objectives of the General Plan:
a. Objective LU 1.1: Provide for the timing of residential, commercial, and industrial
development coincident with the availability of adequate market demand to ensure
economic vitality.
b. Objective LU 4.1: Promote the development of residential, commercial, industrial, and
public buildings and sites that convey a high quality visual image and character.
c. Policy LU 9.1.1: Accommodate the development of single- and multi -family residential
units in areas designated by the Land Use Plan Map, as stipulated by the Land Use and
Density Schedules.
d. Policy LU 9.2.1: Require that all new residential development within existing residential
neighborhoods (i.e. infill) be compatible with existing structures, including the: Use of
building heights, grade elevations, orientation, and bulk that are compatible with the
surrounding development; and maintenance of privacy on abutting residences.
PC Minutes—1/11/00 5 (OOpcm111)
e. Policy HE 2.1.5: Locate residential uses in proximity to commercial and industrial areas
and transportation routes to provide convenient access to shopping and employment
centers.
The project is a permitted use in the RM designation and is at a density of 8.6 dwelling units
per acre which complies with the maximum density requirements of 15 dwelling units per net.
acre. Although proposed as a condominium plan, the project will appear and function as
detached single family dwellings with individual entries and private yards. The detached
units will have the same bulk and building height (maximum 30 feet from top of subfloor to
roof peak) as typical single family units found throughout the city.
FINDINGS FOR APPROVAL - VARIANCE NO. 99-18: -
1. The granting of Variance No. 99-18 to permit the following variances from the Medium
Density Residential (RM-15 units per acre) District development standards section 210.06:
a. a minimum front yard setback of 10 feet for porches in lieu of 15 feet;
b. a minimum side yard setback of four (4) feet in lieu of five (5) feet for building walls less
than 25 feet high, and a minimum side yard setback of four (4) feet in lieu of eight (8)
feet for building walls over 25 feet high;
c. a minimum building separation of eight (8) feet in lieu of ten (10) feet;
d. a minimum front -entry garage setback of 18 feet in lieu of 20 feet; and
e. courts less than the required minimum dimensions;
will not constitute a grant of special privilege inconsistent with limitations upon other
- properties in the vicinity and under an identical zone classification. The RM district
development standards are intended for multi -family attached housing types. The proposed
development is designed as detached, small lot, single family residences. Therefore, several
variances are necessary to allow this product type to be developed. However, this
development is consistent with developments in the Holly-Seacliff Specific Plan and
Meadowlark Specific Plan. Also, the proposed development complies with the general
provisions of the proposed small lot development standards.
2. Because of special circumstances applicable to the subject property, including location and
surroundings, the strict application of the zoning ordinance is found to deprive the subject
property of privileges enjoyed by other properties in the vicinity and under an identical zone
classification. Other similarly zoned properties have been granted similar approvals to build
a comparable project on smaller lots that did not meet all the development standards in the
RM zoning district because the approval resulted in an improved development.
I. The granting of Variance No. 99-18 is necessary to preserve the enjoyment of one or more
substantial property rights. It will allow a project that combines the appearance of detached
single family dwellings with the density of a multi -family project to blend in better with the
area while taking advantage of the maximum density allowed.
4. The granting of Variance No. 99-18 will not be materially detrimental to the public welfare
or injurious to property in the same zone classification. It will allow the development of a
product that has the appearance of detached single family dwellings for greater compatibility
with the area at a lower density found in attached multi -family developments under the same
zoning classification.
PC Minutes—1/11/00 6 (OOPCM111)
5. The granting of Variance No. 99-18 will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Residential Medium Density (RM-15)
on the subject property because the.resulting development will still be in conformance with
the permitted uses and maximum density in that designation. In addition, it will be consistent
with the following goals and policies:
a. Goal LU 9: Achieve the development of a range of housing units that provides for the
diverse economic, physical, and social needs of existing and future residents of
Huntington Beach.
b. Policy LU 9.1.3: Require that multi -family residential projects be designed to convey a
high level of quality and distinctive neighborhood character as discussed below: Design
building elevation treatments to convey the visual character of individual units rather than
a singular building mass and volumes.
c. Policy LU 9.3.2: Require that the design of new residential subdivisions consider the
following: Site and design of units and incorporate elements, such as porches, that
emphasize front yards as an activity area and "outdoor living room," by locating garages
in the rear or side yards.
d. Policy HE 3.1.1: Encourage the provision and continued availability of a range of
housing types throughout the community, with variety in the number of rooms and level
of amenities.
e. Policy HE 3.1.6: Promote the adoption of development standards which reduce housing
costs, while ensuring that any adverse impacts are minimized when increasing densities
or relaxing standards.
This project provides a unique product type to serve the diverse housing needs of the
community. It will have the appearance of detached single family dwellings for greater
compatibility with the area.
CONDITIONS OF APPROVAL - TENTATIVE MAP NO. 15816:
1. The tentative map received and dated December 7, 1999, shall be the approved layout with
the following modifications:
a. The Orange County Flood Control District's right-of-way and bearing shall be delineated
on the tentative map and final map using information obtained from the County's right-
of-way section. (OCFCD)
2. Prior to submittal of the Final Map to the Public Works Department for processing and
approval by the City Council, the following shall be required:
a. An Affordable Housing Agreement Plan shall be submitted to the Planning Department
for review and approval. The agreement shall provide for new additional affordable
housing stock on -site or off -site. Said agreement shall be executed prior to issuance of
the first building permit for the tract. The contents of the agreement shall include the
following:
1) Minimum 10 percent of the units shall be affordable to families of low-income level
(less than 80% of Orange County median) for a period of thirty years.
PC Minutes—1/11/00 7 (OOpcm111)
2) A detailed description of the type, size, location and phasing of the affordable units.
3) If affordable units (new) are off -site, they must be under the full control of the
applicant.
4) The affordable units shall be constructed prior to or concurrent with the primary
project. Final approval (occupancy) of the first residential unit in the tract shall be
contingent upon the completion and public availability, or evidence of the applicant's
reasonable progress towards attainment of completion, of the affordable units.
b. At least 90 days before City Council action on the Final Map, a Covenants, Conditions, &
Restrictions (CC&Rs) document shall be submitted to the Planning Department for review
and approval by Planning Department, Public Works Department, and City Attorney's
Office. The CC&Rs shall include the following:
1) Provide for maintenance by the Homeowner's Association (HOA) of all walls and
common open space and landscape areas within the Tract and the perimeter landscape
areas.
2) Provide for maintenance by the Homeowner's Association (HOA) of all private
streets and driveway access easements.
3) Prohibit additions and expansions of the residential units.
4) Prohibit the enclosure of porches.
5) Require use of the garages for automobile storage.
6) The proposed sewer and storm drain system located within the private streets shall be
private and maintained by the Homeowner's Association.
The CC&Rs must be signed by all parties involved and in recordable form prior to
recordation of the Final Map. A copy of the recorded document shall be submitted to the
Planning Department prior to building permit final inspection of the first dwelling unit{
3. The following conditions shall be completed prior to recordation of the Final Map unless
otherwise stated. Bonding may be substituted for construction in accordance with the
provisions of the Subdivision Map Act. (PW)
a. The Final Map shall be consistent with the approved Tentative Map.
b. The frontage road right-of-way abandonment shall be approved by the City Council.
c. The 10.00 foot storm drain easement located along the easterly boundary of this tract
shall be vacated on the Final map except for the portion on the most northeasterly lot
that will be maintained. The 15.00 foot sewer easement located along the easterly
boundary of this tract shall be vacated on the Final Map except for the portion on the
most northeasterly lot (east of lot 4) that will be maintained.
d. The existing Beach Boulevard cul-de-sac shall be vacated on the Final Map.
e. All vehicular access rights to Beach Boulevard and Atlanta Avenue shall be released
and relinquished to the City of Huntington Beach except at locations approved by the
Planning Commission.
PC Minutes—1111/00 8 (OOPCM111)
1
f. The proposed storm drain system located within the private streets shall be private
and maintained by the Homeowner's Association.
g. The following shall be dedicated to the City of Huntington Beach on the Final Map:
1) The developer shall dedicate 20.00 feet off of Atlanta Avenue for street purposes.
2) The developer shall dedicate a 27.00 foot radius at the corner of Beach
Boulevard and Atlanta Avenue.
3) An easement over the private streets and Lot "E" for Police and Fire Department
access purposes.
4) The main line sewer system and appurtenances as shown on the improvement plans.
5) The storm drain system and appurtenance, located within Beach Boulevard, as shown
on the improvement plans.
6) A sewer easement located within lot 4, "D" or "A" Street, and lot "B".
7) A 2.00 foot public utility easement on both sides of the private streets.
8) The water system and appurtenances as shown on the improvement plans.
9) Access rights in, over, across, upon and through the private streets for the purpose of
maintaining, servicing, cleaning, repairing, and replacing the sewer and water system.
10) A 51 foot wide storm drain easement centered on the 96" RCP in Atlanta Avenue
adjacent to the property.
11) A 25.5- foot wide storm drain easement extending west from the westerly property
line of the City pump station into Lot "B".
12) The Developer shall provide a 10 foot City access easement adjacent to the north side
of the pump station wall.
13) All buildings shall be set back a minimum of 5 feet from the edge of any easement
dedicated to the City.
h. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330
and 7- 9-337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18 for the following items:
1) Tie the boundary of the map into the Horizontal Control System established by the
County Surveyor.
2) Provide a digital -graphics file of said map.
i. The following shall be constructed/installed by the developer:
1) Install signing, striping, and Edison -owned street lighting for the site and for the
entryway according to City standards. Plans for these improvements shall
conform to City plan preparation requirements and shall be submitted for review
and approval to the Public Works department.
PC Minutes — 1/11100 9 (OOpcml 11)
2) Install Edison -owned street lighting with underground service, per Caltrans
standards on Beach Boulevard and per City standards on Atlanta Avenue along
the property frontage.
3) Install a concrete bus pad per OCTA standards on Beach Boulevard at Atlanta
Avenue along the property frontage.
4) Design and construct an 8-in water pipeline in Beach Boulevard (east side) from
the north end of the proposed development to the connection at the intersection
of Beach Boulevard south to the entrance of the tract. The pipeline shall be
designed and constructed to City of Huntington Beach standards. Beach and
Atlanta shall be re -paved using the best paving repair available to the approval of
the Public Works Department.
5) Install new paving, curb, gutter and sidewalk on Beach Boulevard.
6) Remove and replace the existing curb and gutter on Atlanta Avenue. It is to be
re -aligned to 42 feet north of centerline.
7) Construct new paving as necessary on Atlanta Avenue.
8) Install new sidewalk on Atlanta Avenue.
9) Construct a new 10 foot (measured from the housing side) solid grouted split face
block wall along the west and north side of the existing pump station.
10) The existing catch basin on Atlanta Avenue shall be relocated and sized
accordingly to current City requirements.
11) Install a sewer (size to be determined per study) on -site to connect the existing
sewer at the northeast corner of the tract, through lot 4, then in "A" Street, then
through lot "E", and then connecting into the existing City lift station.
12) A storm drain with gasket joints (size to be determined per study) along the
westerly side of the project. Said storm drain shall accommodate new and
existing flows as well as provide storage to accommodate all increases in runoff
resulting from the development.
13) All common area improvements shall be completed.
14) The frontage road opening shall be widened and aligned with the left turn
pockets in Beach Boulevard.
j. Remove the storm drain as marked on the tentative map, and route all internal
drainage via sheet flow within the streets directly to the pump station, except for the
entrance which shall have catch basins connecting to the storm drain in Beach
Boulevard.
k. The air release/blow off valve at the southerly end of the existing 8 inch water line in
Beach Boulevard shall be removed and replaced with a fire hydrant assembly per the
direction of the City.
1. All new and existing utilities along the frontage and within the project (including
transformers) shall be undergrounded.
PC Minutes—1/11/00 10 (OOPCMI11)
in. All street furniture (fire hydrant, street lights, etc.) shall be located within the 6 foot
sidewalk side of the street.
n. The water system within the proposed tract shall be served by two connections to the
public water supply: one in Beach Boulevard, one in Atlanta Avenue. The main line
through the tract that connects the mains in Beach Blvd. to Atlanta Ave. shall be 12
inches in size.
o. Each proposed dwelling unit shall have a separate domestic meter and service, sized
to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and
Uniform Fire Code (UFC). All meters shall be a touch read type. The domestic
water service lateral size shall be a minimum of 1 inch.
p. All structures over two stories in height shall require a backflow device, unless
approved otherwise by the Water Division.
q. Common area landscaping shall have a separate irrigation meter, service and
backflow protection device. The meter shall be a touch read type, sized to meet the
minimum requirements set by the UPC.
r. The Developer shall demonstrate to the satisfaction of the Public Works Department
that an SU-30 truck can turn around at the entrance to the site using a three-point
turn or better.
s. A Cal -Trans permit shall be required for all work within Beach Boulevard.
t. A Public Works permit shall be required for all work within Atlanta Avenue.
u. All improvement securities (Faithful Performance, Labor & Material and Monument
Bonds) and Subdivision Agreement shall be posted with the Public Works
Department and approved as to form by the City Attorney.
v. A Certificate of Insurance shall be filed with the Public Works Department and
approved as to form by the City Attorney.
w. The developer shall negotiate with the appropriate school districts with the intent to
mitigate the impact on school facilities. The Planning Department shall be provided
with a copy of the agreement prior to recordation of the final map.
4. The Departments of Planning and Public Works are responsible for compliance with all
conditions of approval herein as noted after each condition. The Planning Director and
Public Works Director shall be notified in writing if any changes to tract map are proposed as
a result of the plan check process. Permits shall not be issued until the Planning Director and
Public Works Director have reviewed and approved the proposed changes for conformance
with the intent of the Planning Commission's action and the conditions herein. If the
proposed changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Planning Commission shall be required pursuant to the HBZSO.
PC Minutes — 1/11/00 11 (OOPCMI11)
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO.
15816 :
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. Park Land In -Lieu Fees shall be paid based upon the August, 1998 City park land
appraisal value of $516,500 per acre pursuant to Section 254.08.H. of the HBZSO prior
to approval of the final map by the City.
3. Tentative Map No. 15816, Conditional Use Permit No. 99-3, and Variance No. 99-18
shall become null and void unless exercised within two (2) years of the date of final
approval. An extension of time may be granted by the Planning Director pursuant to a
written request submitted to the Planning Department a minimum 30 days prior to the
expiration date.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-3 AND
VARIANCE NO.99-18•
1. The site plan received and dated December 7, 1999; parking and fencing plan received and
dated December 27, 1999; and the floor plans and elevations received and dated May 17,
1999; shall be the conceptually approved layout with the following modifications, subject to
the approval of the Planning Department:
a. Elevations shall depict colors and building materials as approved by the Design Review
Board.
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b. No wood fencing shall be allowed. The wall caps shall be embellished (no rolled mortar
caps). The perimeter wall shall include offsets and low rise planter walls along Beach_
and Atlanta. (DRB)
c. Plan One rear elevation shall carry the 1" floor offset onto the 2nd floor. (DIM)
d. Building elevations shall include bay windows. (DRB)
e. The project shall use concrete tile roofs. (DRB)
f. Special pavers shall be used at the main entry.
g. The wall along Beach and Atlanta shall be six (6) feet high (measured from the
residential pad elevation) on top of a two (2) feet high berm measured from the street.
The 3.5 feet high retaining wall along the north and west sides of the pump station shall
be topped with a ten (10) feet high wall. The five (5) feet high retaining wall along the
east side (next to the flood control channel) shall be topped with a six (6) feet high wall
for a total combined height of eleven (11) measured from the residential pad elevation.
h. Dwelling units 15, 16, 41, and 42 shall provide a minimum 18 feet deep driveway and 25
feet deep turning radius.
PC Minutes—1/11/00 12 (00PCM111)
i. Vertical plant materials with the greatest possible height and density shall be installed
along the five (5) foot wide planter on the north side of the project to provide privacy to
the approval of the City Landscape Architect and Planning staff.
j. No parking will be allowed along the secondary emergency access (Lot E). A minimum
of one on -street parking space per dwelling unit shall be provided.
k. The wall between Lot E and dwelling unit 37 shall meet the minimum 15-foot front
setback. (Code Requirement)
1. All fencing and structures shall comply with the corner visibility cutoff. This also
includes the wall along the driveway for the office building and condominium complex to
the north. (Code Requirement)
m. 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)
n. The Orange County Flood Control District's right-of-way and bearing shall be delineated
on the site plan using information obtained from the County's right-of-way section.
(OCFCD)
o. 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)
p. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
2. Prior to issuance of grading permits, the following shall be completed:
a. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted to the Public
Works Department for review and approval. Final grades and elevations on the Grading
Plan shall not vary by more than one foot from the grades and elevations on the approved
Tentative Map. PW )
b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall
include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, chemical and fill properties, liquefaction, retaining walls,
streets, and utilities. (PW)
c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. (PW )
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d. Final hydrology and hydraulic studies for on and off site facilities shall be submitted for
Public Works review and approval. These studies shall also be sent to the attention of the
Chief of the Flood Control Programs, Orange County Flood Control District for review
and approval. No water will be permitted to drain onto Beach Boulevard. The new
drainage system shall be designed to insure that the existing flooding are not increased in
any means. Existing runoff calculations shall be based on the old OCFC hydrology
manual while built out runoff flow shall be based on the current manual. (PW and
OCFCD)
e. The name and phone number of the developer and the 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
(signs to include both the name and phone number of the developer and field supervisor)
for information regarding this development and any grading and construction activities,
and to call "1-800-CUTSMOG" if there are concerns regarding fugitive dust and
compliance with AQMD Rule No. 403. Said signs shall also include the City contact
(Jack Miller (714) 536-5517).
f. The developer shall notify all property owners and tenants within 300 feet of the
perimeter of the site of the information outlined in Condition 2(e) and of tentative grading
schedule at least 30 days prior to any grading activities. Proof of mailing shall be
submitted to the Planning Department a minimum of ten (10) days prior to '
construction/grading activity or truck hauling.
g. Site plans and elevations depicting the height and material of all retaining walls, walls,
and fences consistent with the grading plan shall be submitted to and approved by they`
Planning Department. Double walls shall be prohibited. 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.
h. 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.
i. 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)
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j. The developer shall coordinate with the Department of Public Works in developing a
truck haul route if the import or export of material is required. This plan shall include the
approximate number of truck trips and the proposed truck haul routes. It shall specify the
hours in which transport activities can occur and methods to mitigate construction related
impacts to adjacent residents. This plan shall take into consideration any street
improvement construction occurring in the vicinity. These plans must be submitted for
approval to the Department of Public Works.
k. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's
Rule 403 as related to fugitive dust control.
3. 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. Names of streets shall be submitted to and approved by the Huntington Beach Fire
Department in accordance with City Specification No. 409. (FD)
c. Submit three (3) copies of the site plan and the processing fee to the Planning Department
for addressing purposes after street name approval by the Fire Department. (FD)
d. The Planning Department shall review and approve all the revised plans as modified
pursuant to Condition No. 1.
e. All Fire Department requirements shall be noted on the building plans. (FD)
f. Residential type structures on the subject property, whether attached or detached, shall be
constructed in compliance with the State acoustical standards set forth for units (all 85)
that lie within the 60 CNEL contours of the property. Evidence of compliance shall
consist of submittal of an acoustical analysis report and plans, prepared under the
supervision of a person experienced in the field of acoustical engineering, with the
application for building permit(s). (Code Requirement)
g. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted
with the building permit application. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations regarding: grading,
foundations, retaining walls, streets, utilities, and chemical and fill properties of
underground items including buried pipe and concrete and the protection thereof. (Code
Requirement)
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h. 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)
i. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
4. Prior to issuance of building permits, the following shall be completed:
a. Submit a copy of the all the revised plans pursuant to Condition No. 1 for review and
approval and inclusion in the entitlement file to the Planning Department and submit 8
inch by 10 inch colored photographs of all colored renderings, elevations, materials
sample board, and massing model to the Planning Department for inclusion in the
entitlement file.
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 f
Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelinbs.
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 projects
landscape plan. (PW) (Code Requirement)
c. A common open space improvement plan shall be submitted for staff approval and shall
include benches, tables, barbecues, and other amenities.
d. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted
to the Department of Public Works for review and approval. (PW)
e. Final design elevations of grading shall not vary from elevations shown on the tentative
map by more than one (1) foot. (PW)
f. The Final Map shall be accepted by the City Council, recorded with the Orange County
Recorder and a copy filed with the Planning Department. (Code Requirement)
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g. An interim parking and/or building materials storage plan shall be submitted to the
Planning Department to assure adequate parking and restroom facilities are available for
employees, customers and contractors during the project's construction phase and that
adjacent properties will not be impacted by their location. The applicant shall obtain any
necessary encroachment permits from the Department of Public Works.
h. Submit gated entryway (access control devices) plans to the Planning Department. The
gated entryway shall comply with Fire Department Standard No. 403. Prior to the
installation of any gates, such plan shall be reviewed and approved by the Planning, Fire
and Public Works Departments.
i. Submit a letter of map revision from FEMA declaring the lot(s) exempt from floodplain
requirements or submit a copy of completed FEMA Elevation Certificate(s) for each unit
to the Planning Department for inclusion in the entitlement file.
j. A reproducible mylar copy and a print of the recorded final map, along with digital
graphic files of the recorded map per the City of Huntington Beach "CAD Standards
Manual for Consultants", shall be submitted to the Department of Public Works. (PW)
k. A final parking plan shall be prepared for the site for review and approval by the
Departments of Public Works and Planning. This plan is to show all acceptable on -street
parking locations. Parking space dimensions shall be per City code. A minimum of one
(1) on -street parking space per unit shall be provided (total 86 spaces). No parking will
be allowed along the secondary access easement. (PW and Planning)
1. The Developer shall prepare a signing and striping plan per City standards and guidelines
for Atlanta Avenue along the property frontage. (PW)
in. A Street Improvement Plan, prepared by a Registered Civil Engineer, shall be submitted
for review and approval. (PW)
n. The applicant shall submit recorded CC&Rs and a deed restriction on the property
prohibiting the enclosure of any porches, and any addition and expansion of the
residential units. Both the CC&Rs and deed restriction shall indicate that all garages are
required to be used for automobile parking. At least 60 days prior to issuance of the first
building permit for a dwelling unit, the applicant shall submit the deed restriction to the
Planning Department for review and approval as to form and content by the Planning
Department and City Attorney prior to recordation.
5. During demolition, grading, site development, and/or construction, the following shall be
adhered to:
a. 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. (PW)
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b. Wet down areas to be or that is being grading in the late morning and after work is
completed for the day. (PW)
c. Use low sulfur fuel (.05%) by weight for construction equipment. (PW)
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. Clearly visible signs are maintained on the perimeter of the site pursuant to Condition
No. 2.g.
g. Construction equipment shall be maintained in peak operating condition to reduce
emissions.
h. Truck idling shall be prohibited for periods longer than10 minutes.
i. The construction disturbance area'shall be kept as small as possible.
j. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to
surrounding areas. (PW)
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. All haul trucks
_ = shall be covered prior to leaving the site to prevent dust from impacting the surrounding
areas. (PW)
1. Comply with the NPDES Storm Water Permit requirements. (PW)
in. A wind barrier along the perimeter of the site shall be provided to contain fugitive dust.
n. Any stock piling shall not exceed a height of eight (8) feet.
o. The applicant shall be responsible for paying the cost for a City inspector if called to the
site because of dust problems.
p. 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.
q. Construction- and grading -related water for this development shall not be obtained from
the adjacent fire hydrants/area so as not to disturb the surrounding properties.
f]
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6. Prior to final building permit inspection and approval of the first residential unit (excluding
model homes), the following shall be completed:
a. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Landscaping;
2) An automatic fire sprinkler and fire alarm system shall be installed throughout. Prior
to system installation, shop drawings shall be submitted and approved by the Fire
Department. (FD)
3) Fire hydrants must be installed before combustible construction begins. Prior to
installation, shop drawings shall be submitted to the Public Works Department and
approved by the Fire Department. This project requires a minimum of six (6) fire
hydrants. (City Specification No. 407) (FD)
4) Security Gates shall be designed to comply with City Specification 403. Single lane
entry/exit must maintain 14 feet clear access. Multi -lane shall maintain a minimum
of 24 feet clear. Note that residential developments must provide automatic opening
gates actuated by a strobe -switch device. This device must be located a minimum of
eight (8) feet above finished grade. (FD)
5) Address numbers will be installed to comply with City Specification No. 428. (FD)
6) The project will comply with all provisions of the Huntington Beach Fire Code and
City Specification Nos. 422, Well Abandonment, and City Specification No. 429,
Methane District Building Permit Requirements. All wells must be shown and
plotted accurately on a separate sheet titled "Well/Soil Vent and Methane Barrier
Plan". (FD)
7) Emergency access for Fire on Atlanta Ave. must be appropriately designed for fire
apparatus weight (52,000 lbs.) and width (20 feet minimum), approach angle, and
proper curb treatment. (FD)
b. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department and Public Works Department.
c. 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.
d. If the lots are not considered exempt by FEMA, a second elevation certificate shall be
submitted to the Planning Division for each unit "as built."
e. The developer shall complete the clean up of all dirt and damage to the area resulting
from the project.
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f. The applicant shall submit a copy of the recorded deed restriction required pursuant to
condition 4(m) to the Planning Department for inclusion in the entitlement file.
g. The developer shall install signing, striping, and Edison -owned street lighting for the site
and for the entry way according to City standards. Plans for these improvements shall
conform to City plan preparation requirements and shall be submitted for review and
approval to the Public Works Department.
h. The developer shall install Edison -owned street lighting with underground service, per
Caltrans standards on Beach Blvd. and per City standards on Atlanta Ave. along the
property frontage.
7. All conditions of Tentative Tract No. 15816 shall be complied with.
8. The property owner is responsible for all required clean up of off -site dirt, pavement damage
and/or restriping of the public rights -of -way as determined by the Public Works Department.
9. Construction shall be limited to Monday— Friday 7:00 AM to 5:00 PM and Saturday from
8:00 AM to 4:00 PM. Construction shall be prohibited Sundays and Federal holidays.
10. The Departments of Planning, Public Works and Fire are responsible for compliance with all
conditions of approval herein as noted after each condition. The Public Works Director is
responsible for compliance with all conditions of approval pertaining to fugitive dust control.
The Planning Director and Public Works Director shall be notified in writing if any changes
to tract map are proposed as a result of the plan check process. Permits shall not be issued'
until the Planning Director and Public Works Director have reviewed and approved the ..
proposed changes for conformance with the intent of the Planning Commission's action and
the conditions herein. If the proposed changes are of a substantial nature, an amendment to
the original entitlement reviewed by the Planning Commission's may be required pursuant to
the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3, and Variance No. 99-18
shall not become effective until the ten day appeal period has elapsed.
2. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15816,
Conditional Use Permit No. 99-3, and Variance No. 99-18, 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.
3. All applicable Public Works fees shall be paid.
4. 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.
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5. 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.
6. All common and private 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.
7. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
8. An encroachment permit shall be required for all work within the right-of-way. (PW)
9. A County Property Permit shall be required for all encroachments into OCFCD right-of-
way. (OCFCD)
B-2 CONDITIONAL USE PERMIT NO.98-37/COASTAL DEVELOPMENT PERMIT
NO.98-12/ SPECIAL PERMIT NO.99-2 (117,119,121,123 MAIN STREET
COMMERCIAL) (CONTINUED FROM THE DECEMBER 14, 1999 MEETING
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 2nd stories to 119, 121, and 123 Main Street
and to complete interior and exterior remodels including a new common fagade for 117 through
123 Main Street. A new restaurant/banquet facility with outdoor patio dining and alcohol service
is proposed on the 2nd 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 2nd 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.
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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.
The Planning Commission continued the project from the December 14, 1999 meeting to allow
the Planning Commission to complete a study session on the Downtown Specific Plan and
Design Guidelines. Staff' recommendation remains unchanged from the December 14, 1999
staff report.
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 Generat
Plan relating to architectural design and site layout.
THE PUBLIC HEARING WAS RE -OPENED.
Keith Bohr, 415 Townsquare Lane, 9219, representing applicant, stated that the project meets
code requirements and no special permits should be required. He stated he was available to
answer questions.
Jeff Bergsma, 924 Main Street, applicant, stated that he does not feel that special permits are
necessary in his interpretation of the code requirements. He also stated that he feels they meet
the Design Guidelines of the downtown area.
James Lane, 637 Frankfort Avenue, spoke in support of the proposed request stating it will
increase sale tax revenue and property values.
Frank Alfonso, 6630, Vickiview Drive, West Hills, property owner, spoke in support of the
request stating that the applicant and property owners have complied with all the requests made
of them at the previous meeting.
Ron Mase, 16642 Intrepid Lane, property owner, spoke in support of the request.
Thomas Callahan, 928 Lake Street, spoke in support of the request stating it was a beautiful
development.
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Gary Mulligan, 117 Main Street, spoke in support of the request.
Billy Stade, 121 Main Street, spoke in support of the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission took straw votes on the applicant's proposed changes and incorporated them
into their motion for approval. They included in the conditions of approval a requirement that
each building have and display a historical plaque.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO APPROVE
CONDITIONAL USE PERMIT NO.98-37, COASTAL DEVELOPMENT NO.98-12 AND
SPECIAL PERMIT NO.99-2 AS REVISED BY THE COMMISSION WITH FINDINGS
AND MODIFIED CONDITIONS OF APPROVAL AND DENY SPECIAL PERMIT NO.
99-1 WITH MODIFIED FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE:
AYES:
Laird, Mandic, Chapman, Biddle, Livengood
NOES:
Kerins, Speaker
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
FINDINGS FOR PROJECTS SUBJECT TO CEOA:
The Planning Commission finds that the project is covered by Environmental Impact Report No.
89-6 and will comply with all applicable mitigation measures and will not have any significant
effect on the environment.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-37:
1. Conditional Use Permit No. 98-37 for the establishment, maintenance and operation of the
following:
a. 117 Main Street: 1) Exterior and interior remodel of the 1" and 2"d floor; 2) Establish a
restaurantibanquet facility with outdoor patio dining and alcohol service on the 2"d floor.
b. 119 Main Street: 1) Exterior and interior remodel of the lst floor; 2) Construct a new 2"a
floor for retail or office use; 3) Abandonment of three (3) feet of alley on the west side.
c. 121 Main Street: 1) Exterior and interior remodel of the 1St floor; 2) Construct a new 2nd
floor for office use.
d. 123 Main Street: 1) Demolish the existing building and construct a new two-story
building with retail on the lst floor and office on the 2"d floor.
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will not be detrimental to the general welfare of persons working or residing in the vicinity or
detrimental to the value of the property and improvements in the neighborhood. The project
as proposed and modified by the conditions imposed, will improve a visually degraded site
and will enhance the appearance of the general area based on the proposed integrated
development with a common fagade design incorporating all four properties for a cohesive
appearance. The project is consistent with the Downtown Specific Plan and the Design
Guidelines and will add to the Mediterranean and pedestrian character of the downtown.
Adequate parking for the project is provided within the Downtown Parking Master Plan.
2. The conditional use permit will be compatible with surrounding uses because the proposed
construction and Visitor Serving Commercial uses are an extension of the existing character
of the downtown. It will include retail and other uses that will add to the vitality and
pedestrian orientation envisioned for the downtown.
3. The conditional use permit, as modified by the conditions imposed, will comply with the
provisions of the base district and other applicable provisions in Titles 20-25 of the
Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for
the proposed use in the district in which it would be located, except for any special permits
approved concurrently. The project complies with all minimum development standards
including lot size, building height, setbacks, floor area, and parking.
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 Mixed Use Vertical on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. Goal LU8: Achieve a pattern of land uses that preserves, enhances, and establishes a
distinct identity for the City's neighborhoods, corridors, and centers.
b. Objective LU 10.1: Provide for the continuation of existing and the development of a ,
diversity of retail and service commercial uses that are oriented to the needs of local
residents, serve the surrounding region, serve visitors to the City, and capitalize on
Huntington Beach's recreational resources.
c. Policy LU 10.1.4. Require that commercial buildings and sites be designed to achieve a
high level of architectural and site layout quality.
d. Policy 11.1.7. Require that mixed -use development projects be designed to achieve a
consistent and high quality character, including the consideration of architectural
treatment of building elevations to convey the visual character of multiple building
volumes -and individual storefronts.
e. Policy LU 15.2.2: Require that structures located in the pedestrian overlay zone be sited
and designed to enhance pedestrian activity along the sidewalks, in consideration of the
following guidelines:
1. Incorporation of uses that stimulate pedestrian activity in the first floor along the
street frontage, encouraging professional offices, data computing, and other similar
uses to be located in the rear or above the first floor unless economically infeasible;
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2. Siting of the linear frontage of the building along the front yard property line to
maintain a "building wall" character, except for areas contiguous with the structure
use for outdoor dining or courtyards;
3. Assurance that areas between building storefronts and public sidewalks are visually
and physically accessible to pedestrians, except as may be required for landscape and
security;
4. Extensive articulation of the building fagade and use of multiple building volumes
and planes;
5. Incorporation of landscape and other elements such as planted beds, planters, and
window boxes that visually distinguish the site and structure;
6. Incorporation of arcades, courtyards, and other recesses along the street elevation to
provide visual relief and interest;
7. Use of roofline and height variation to break up the massing and provide visual
interest;
8. Visual differentiation of upper and lower floors;
9. Distinct treatment of building entrances; and
10. Use of pedestrian -oriented signage.
f. Obiective ED 2.6: Expand and enhance the existing visitor serving uses.
g. Policy ED 3.2.3: Attract visitor -serving uses near the beach in order to create better
linkages between the beach and visitor supporting retail uses.
h. Policy S: Protect, encourage, and where feasible provide visitor -serving facilities in the
coastal zone which are varied in type and price.
i. Polices Improve the appearance of visually degraded areas.
The project is an extension of other similar uses found in the downtown with visitor
servicing commercial uses located on the I" floor, and office or other commercial uses
located on the 2nd floor. The project as modified by the conditions of approval will
provide a pedestrian oriented design and conform to the Downtown Design Guidelines.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-12:
Coastal Development Permit No. 98-12 for the development project, as proposed or as
modified by conditions of approval, conforms with the General Plan, including the Local
Coastal Program. The project is consistent with the General Plan Land Use Element
designation of Mixed -Use Vertical. The project will comply with the Downtown Specific
Plan — District 3 (Visitor Serving Commercial) because the proposed uses, particularly on the
first floor will add to the variety of Visitor Serving Commercial uses and will further the
pedestrian oriented objective for the downtown.
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code. The project, as
modified by conditions, will conform to all development standards including setbacks,
height, and parking.
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3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. All infrastructure currently exist
on the subject site and will be modified as needed to conform to the City's current standards.
4. The development conforms to the public access and public recreation policies of Chapter 3 of
the California Coastal Act. The development will not impact any public access and
recreation opportunities.
FINDINGS FOR APPROVAL — SPECIAL PERMIT NO 99-2: (2 feet setback for rd
sto
The requested special permit to allow the 2nd floor balcony for all four buildings at a setback
of two (2) feet in lieu of the required five (5) feet build -to -line along Main Street promotes a
better living environment. There are greater benefits to be provided from the project than
would occur if all the minimum requirements were met. The special permit allows for
greater articulation of the elevation to provide a more aesthetically pleasing appearance
consistent with the Downtown Design Guidelines.
2. The special permit provides better land planning techniques with maximum use of
aesthetically pleasing types of architecture, landscaping, site layout, and design. The special
permit will allow for added visual interest by providing greater offsets and variation in the
building elevation.
3. The special permit will not be detrimental to the general health, welfare, safety and
convenience of the neighborhood or City in general, nor be detrimental or injurious to the,,.
= value of property or improvements of the neighborhood or of the City in general because if
represents a minor three (3) feet encroachment of the Vd floor balcony for all four buildings
into the required five (5) feet build -to -line.
4. The special permit is consistent with the objectives of the Downtown Specific Plan in
achieving a development adapted to the terrain and compatible with the surrounding
environment. The modified project does not block views and adds variation to the building
elevation for added visual interest consistent with the requirements of the Downtown
Specific Plan and Design Guidelines.
5. The special permit is consistent with the policies of the Coastal Element of the City's
General Plan and the California Coastal Act because it will not impact any public access or
recreation opportunities and will provide a better elevation design.
FINDINGS FOR DENIAL SPECIAL PERMIT NO 99-1• (7 feet setback for P and rd
sto
The requested special permit to allow a seven (7) feet build -to -line in lieu of the required five
(5) feet along Main Street does not promote a better living environment. There will not be
significantly greater benefits to be provided from the project than would occur if all the
minimum requirements were met. The special permit for greater setbacks is inconsistent
with a pedestrian -oriented design which calls for buildings to be located close to the street for
a more pedestrian scale.
PC Minutes—1/11/00 26 (OOpcmlll)
2. The special permit does not provide better land planning techniques with maximum use of
aesthetically pleasing types of architecture, landscaping, site layout, and design. The special
permit will not provide for a pedestrian -oriented design with building facades close to the
street as envisioned for District 3 of the Downtown Specific Plan.
3. The special permit will be detrimental to the general health, welfare, safety and convenience
of the neighborhood or City in general, and detrimental or injurious to the value of property
or improvements of the neighborhood or of the City in general because it will result in a
development that is setback too far from the street which is inconsistent with a pedestrian -
oriented design which calls for buildings to be located towards the street for a more human
scale.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-37/COASTAL
DEVELOPMENT PERMIT NO.98-12/SPECIAL PERMIT NO.99-2:
1. The site plan, floor plans and elevations received and dated November 29, 1999 shall be the
conceptually approved layout with the following modifications (applicable to all four
buildings) subject to the review and approval of the Planning Department:
a. Elevations shall depict colors and building materials as approved by the Design Review
Board.
b. Glass block at rear stairwell shall be translucent for Police visibility. (PD)
c. A minimum of one foot candle of light shall be provided along the rear of the buildings to
the approval of the Police Department. (PD)
d. Approved plants shall be installed in the front and rear planters of the buildings. (DRB)
e. Special pavers shall be installed as shown on site plan. (DRB)
f. Transom windows and side lites to be divided as shown on elevations. (DRB)
g. The City shall implement consistency of similar hardscape and landscape on both sides of
Main Street. (Mitigation Measure)
h. 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)
i. 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)
PC Minutes — 1/11/00 27 (OOPCMI11)
i. All facets of the project related to historic preservation shall be reviewed and approved
by the City of Huntington Beach. (Mitigation Measure)
j. The applicant shall provide 45 days written notice to the City of Huntington Beach
Historic Resources Board informing them of such activity. The Board may relocate, fully
document and/or preserve significant architectural elements. The applicant/property
owner shall not incur any costs associated with moving or documenting the structure by
the Board. (Mitigation Measure)
k. Comprehensive documentation of the project site, as it currently exists, shall be prepared
prior to the issuance of any building, grading, and/or demolition permits. The
documentation shall be in accordance with standards established by the Historical
American Buildings Survey/Historical American Engineering Records (HABS/HAER).
The report shall be archivally maintained with provisions for public access. The costs
associated with preparation and maintenance of the documentation shall be the
responsibility of the Huntington Beach Redevelopment Agency. (Mitigation Measure)
1. Pursuant to Section 65590 of the California Government Code, the applicant shall submit
a plan for replacement of any existing residential units occupied by persons and families
of low or moderate income that are converted or demolished as a result of this project for
review and approval by the Planning Department.
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. (PV)
b. 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 whom 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.
c. A project -specific soils and engineering report shall be prepared by a qualified soils
engineer based on a detailed plan of the project. All recommendations of this report shall
be incorporated into the project. (Mitigation Measure)
d. A pre -grading meeting shall be arranged to discuss the recommendations of the soil
investigation and project requirements. Representatives of all concerned parties shall be
present. (Mitigation Measure)
e. It shall be the responsibility of the owner and/or contractor to: bring to the attention of a
certified soils engineer any unusual conditions which may be encountered in the course
of project development and to request appropriate guidance before proceeding with the
affected work, and to ensure that the recommendations of the soil report and any
supplemental reports are implemented. (Mitigation Measure)
PC Minutes — 1/11/00 29 (OOpcml 11)
j. 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.
k. Additional decorative architectural details/accents (i.e. the insets, decorative lighting)
shall be provided on both the front and rear elevations of all four buildings, as well as the
south elevation of 117 Main (along the pedestrian alley).
1. Window design and treatment shall be subject to Design Review Board review.
in. A plaque shall be incorporated into the building design of 117, 119, 121 and 123 Main
Street identifying the historic significance of the sites and/or the materials from the
existing building shall be incorporated into the design of the new building as appropriate.
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.
r
b. Pursuant to the requirements of the South Coast Air Quality Management District, an
asbestos survey shall be completed.
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.
h. An adequate monitoring and/or bonding program shall be established between the City
and property owners to ensure that demolition and construction vibration impacts do not
adversely affect offsite structures. (Mitigation Measure)
PC Minutes—1/11/00 28 (00PCM111)
1
c. An interim parking and/or building materials storage plan shall be submitted to the
Planning Department to assure adequate parking and restroom facilities are available for
employees, customers and contractors during the project's construction phase and that
adjacent properties will not be impacted by their location. The applicant shall obtain any
necessary encroachment permits from the Department of Public Works.
d. Dedicate the following to the City of Huntington Beach: (PW)(Code Requirement)
1. 4 feet along the front of all four properties along Main Street
2. 4.5 feet along the rear of 117, 121, and 123 Main Street along the alley
e. The alley abandonment for 119 Main Street shall be approved by the City Council.
f. A grading plan, prepared by a Registered Engineer, shall be submitted to the Department
of Public Works for review and approval. This plan, in addition to grading, shall include
all of the required off -site improvements.
g. The Departments of Planning and Public Works shall approve a detailed lighting plan.
The plan shall be consistent with the Downtown lighting plan and lighting standards in
the Downtown Design Guidelines. Outdoor lighting shall utilize energy -saving lamps.
All outside lighting shall be 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.
(Mitigation Measure) (Planning) (PW)
h. A sign and landscape plan shall be submitted to the Design Review Board for review and
approval. The location and type of all signs shall conform to the provisions of the
Huntington Beach Zoning and Subdivision Ordinance and be consistent with the
standards listed on page 33 of the Downtown Design Guidelines. (Mitigation Measure)
i. The applicant shall enter into a Maintenance Agreement with the City for maintenance of
all portions of public property along the project site.
j. Elevations shall show all roofing materials as approved by Design Review Board. Solid
concrete block walls, grape stake, or chain link fencing shall not be permitted.
(Mitigation Measure)
6. Phased or individual construction of buildings is prohibited and all four buildings shall be
demolished and/or remodeled at the same time. Construction and improvements for all four
buildings shall be done simultaneously as approved by Conditional Use Permit No. 98-37,
Coastal Development Permit No. 98-12, and Special Permit No. 99-2. All conditions of
approval shall be applicable to all four buildings and shall be complied with.
7. 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:
PC Minutes— 1/11/00 31 (OOpcm111)
f. The applicant shall provide documentation of existing structural conditions in the vicinity
of the proposed project and the estimated extent and impact of subsidence on surrounding
structures and other improvements, to the satisfaction of the Building Department.
(Mitigation Measure)
g. Should ground water be found during excavation, dewatering of the project site shall be
required. The applicant shall monitor the extent of subsidence and its associated impacts
through placement of appropriate testing devices under the supervision and surveillance
of a qualified soil engineer. The City shall be kept informed regarding any structural
impacts on adjacent properties and other improvements, and if feasible and necessary,
construction process will be modified to eliminate such impacts. (Mitigation Measure)
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. This project shall be submitted as one plan check submittal to include all four properties
(117, 119, 121, 123 Main Street) to assure that all four properties are developed as one
integrated project as presented on the approved plans and rendering.
c. All Fire Department requirements shall be noted on the building plans. (FD)
d. Grading and foundation plans, when available and prior to approval, shall be transmitted
to a qualified soils engineer for review for compliance with their recommendations.
(Mitigation Measure)
e. All structures shall be designed in accordance with the seismic design provisions of the
Uniform Building Codes to promote safety in the event of an earthquake. (Mitigation'
Measure)
5. Prior to issuance of building permits, the following shall be completed:
a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition
No. 1 for review and approval and inclusion in the entitlement file to the Planning
Department; and submit 8 inch by 10 inch colored photographs of all colored renderings,
elevations, materials sample board, and massing model to the Planning Department for
inclusion in the entitlement file.
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.
(PW) (Code Requirement)
PC Minutes—1/11/00 30 (OOPCM111)
10) The sewer service lateral size shall be 6" min. (PW)
11) If the existing 2" domestic meter and service lateral serving the building at 117
Main Street meets the minimum requirements set by the Uniform Plumbing Code
(UPC) and the Uniform Fire Code (UFC), then it may be used to serve the
development at this address. (PW)
12) The existing service to 121 Main Street currently being served from 119 Main Street
service shall be abandoned, per City Standards. (PW)
13) The existing'/4 inch water meter and service for the building at 123 Main Street
shall be abandoned to the main line. (PW)
14) Each of the buildings proposed at 119, 121 and 123 Main Street shall have new
separate domestic water services with (touch read type) meters and backflow
protection devices. The water service laterals and meter size shall meet the
minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire
Code (UFC), but shall be a minimum service of 2 inches in size. (PW)
15) If the Fire Department requires that a separate fire service is to be constructed, it
shall have a separate backflow device. (PW)
16) Remove and replace the existing sidewalk, per the Downtown Specific Plan,
adjacent to project (Main Street). (PW)
17) Remove the existing curb and construct new curb and gutter adjacent to project
(Main Street). (PW)
18) Install one street light along property frontage in a location compatible with the
Public Works street lighting plan for Main Street. (PW)
19) Remove and replace any deteriorated portion of east side of alley. Grind and cap
east one-half (1/2) of alley (PW)
20) The applicant shall underground all new and existing electrical, telephone and cable
TV service connections. (PW)
21) The existing angled parking is to remain or the in -lieu parking fee shall be paid for
each parking space lost. (PW)
22) The developer shall submit a composite utility plan, showing existing public water
system facilities and all other underground utilities (existing and proposed) to each
structure. (PW)
23) The applicant shall install public improvements pursuant to City Council adopted
Main Street improvement plans.
b. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
c. 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.
d. Existing fill materials and disturbed, loose soils shall be removed and replaced with
component material as required by qualified soils engineer. Site preparation, excavation,
and earthwork compaction operations shall be performed under the observation and
testing of a soil engineer. Certification of such reports, shall be submitted to the City
Engineer prior to issuance of building permits. (Mitigation Measure)
PC Minutes — 1/11/00 33 (OOpcml11) �'
i
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.
entify
f. Ensure clearly visible signs are posted t�entact fori information perimetr of the siteegardinlgghe a name
and phone number of a field supervisor
development and any construction/ grading activity.
8. Prior to final building permit inspection and approval
p.Wan and issuance
of a Certificate of
Occupancy for any of the four buildings, the g shall be
a. All improvements to all four properties
shall
specified bcompletd in herein, including:
with the
approved plans and conditions of appro
1) Landscaping.
2) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
with Huntington Beach Fire
3) A fire alarm system will be installed to co Pdls Shop drawings will be submitted,to
Department and Uniform Fire Code
Stan ar
Fire Department prior to installation. The system will provide
and approved by the
the following:
a. manual pull stations;
b. water flow, valve tamper and trouble detection;
c. 24 hour supervision;
d. annunciation;
e. audible alarms;
f. smoke detectors (FD)
4) Address numbers will be installed to comply City
rth a brush stroke of one and
numbers will be sized a minimum of six ( ) inches
one-half (1-1/2) inches. (FD)iance with the
5) Exit signs and exit path markings
Title 24 of the Californiawill be provided in lAdministrative Code.
Huntington Beach Fire Code an
6) automatic fire sprinkler system shall be approved and installed throughout
pursuant to Fire Department regulationsShop system rawinginstallation. all The bube nilldings itted and
be
approved by the Fire Department prior to
considered as one unit. (FD)
7) Submit a Fire Protection Plan for Fire Department approval in compliance with City
Specification 428. (FD) accommodate
8) If elevators are installed, the es6ha811 ba by 4'3'to deep wih a 42 inch minimum uey.
The minimum dimensions a
right or left side opening. Center opening buildin doors
unless existing lateral ispprov�to be
9) Construct new sewer lateral to each g
in good condition to the satisfaction of the City Inspector. (PW)
PC Minutes—1/11/00
32 (OOpcmlll)
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-37,
Coastal Development Permit No. 98-12, and Special Permit No. 99-2, 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.
5. 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.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
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.
8. 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.
9. All signs shall conform to the HBZSO and Downtown Design Guidelines.. Prior to
installing any new signs, or changing sign faces, a building permit shall be obtained from
the Planning Department.
10. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
11. State -mandated school impact fees shall be paid prior to issuance of building permits.
12. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan
(SP-5) area, a Downtown Specific Plan fee shall be paid.
13. An encroachment permit shall be required for all work within the right-of-way. (PW)
14. Development shall meet all local and State regulations regarding installation and operation
of all underground storage tanks. (FD)
15. A Certificate of Occupancy must be issued by the Planning Department and Building and
Safety Department prior to occupying the building.
16. Live entertainment and dancing for any other suite other than the 0 floor of 117 Main
Street shall require separate entitlement.
PC Minutes — 1/11/00 35 (OOpcml 11)
9. The project shall comply with the following:
a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board
(ABC) license, along with any special conditions imposed by the ABC, shall be
submitted to the Planning Department for the file. Any conditions that are more
restrictive than those set forth in this approval shall be adhered to.
b. The City and individual landowners shall meet with residential and business tenants to
explain conversion process and relocation assistance. (Mitigation Measure)
c. The City and individual landowners shall assist in the relocation of persons affected by
this redevelopment project. (Mitigation Measure)
d. The applicant shall provide a relocation coordinator who will provide general relocation
assistance to all tenants. Availability of such a relocation assistant shall be to the
approval of the City Council and shall be incorporated into the Relocation Assistance
Program required by Article 927 of the Municipal Code. (Mitigation Measure)
e. The project shall implement mitigation measures included in Downtown Specific Plan
EIR 82-2. (Mitigation Measure)
f. The applicant shall provide relocation assistance to all displace businesses in accordance
with the State Guidelines of Title 25, Chapter 6. This assistance will include information
on the availability of other suitable sites, as well as payments to cover moving expenses
and/or the loss of income including: the cost of the physical move; the cost of anything
rendered useless as a consequence of the move (i.e. business cards, etc.); the cost of =2,*
physical improvements. (Mitigation Measure)
10. 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. Conditional Use Permit No. 98-37, Coastal Development Permit No. 98-12, and Special
Permit No. 99-2 shall not become effective until the ten working day appeal period has
elapsed.
2. Conditional Use Permit No. 98-37, Coastal Development Permit No. 98-12, and Special
Permit No. 99-2 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.
PC Minutes—1/11/00 34 (OOPCM111)
77
i
L
1
Jamie B. Lewis, MD, Orange Coast Memorial Hospital Memorial Prompt Care, stated that not
permitting the facility's hours on the monument sign could lead to patients with emergency
medical situations wasting time in determining if the, facility is open.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Commissioner Chapman stated that he appealed the request because he feels there needs to be a
change in medical emergency care. He stated that denial of the request denies the public the
benefit of information needed since the closure of the emergency facilities at nearby Pacifica
Hospital.
The Commission requested that staff review the sign code to change this requirement for all uses
of this type. They discussed removal of the wording "WALK-IN" from the request.
A MOTION WAS MADE BY LAIRD, SECONDED BY MANDIC, TO OVERTURN THE
ZONING ADMINISTRATOR'S DENIAL AND APPROVE SIGN CODE EXCEPTION
NO.99-6 WITH FINDINGS AMD AMENDED CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES: Laird, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL — SIGN CODE EXCEPTION NO.99-6:
1. Sign Code Exception No. 99-6 for the addition of the words "7 DAYS 8AM TO 9PM" on a
proposed monument sign, is compatible with the character of the area and is needed for
special circumstances defined by the applicant and approved by the Zoning Administrator.
The additional copy is needed to inform potentially seriously ill patrons of the hours of the
facility in order to allow them to save time and proceed to a hospital if the business is closed.
2. The proposed signage will not adversely affect other signs in the area. The sign will not
block the visibility of other signs in the surrounding area, and is compatible with existing
signs in the vicinity.
3. The proposed signage will not be detrimental to properties located in the vicinity. The
monument sign is permitted and the additional copy is minor in nature and would not affect
other properties in the vicinity.
4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not
be a hazardous distraction. The monument sign is not located within the 10-foot visibility
triangle and will allow vehicular or pedestrian traffic to view the hours of the facility before
entering the driveway.
PC Minutes — 1/11/00
37
(OOpcml 11)
B-3 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF SIGN CODE
EXCEPTION NO.99-6 (PROMPT CARE SIGN):
APPLICANT: Mark A. Frank, San Pedro Sign Company
APPELLANT: Planning Commissioner Gerald Chapman
LOCATION: 18561 Beach Boulevard (southwest corner of Beach and Main)
PROJECT
PLANNER: Sandra Thornton
Sign Code Exception No. 99-6 represents a request by San Pedro Electric Sign Company, on
behalf of AMC Management, to allow the words "WALK-IN 7 DAYS 8AM TO 9PM" on a
proposed eight (8) foot high monument sign. The Design Review Board approved the colors,
materials, and design with the condition that the words "WALK-IN 7 DAYS 8AM TO 9PNP' be
removed from the sign. The sign code exception was denied by the Zoning Administrator based
on the findings that the sign code exception was not compatible with the character of the area
and was not needed for special circumstances as defined by the applicant. In addition, the sign
code exception would adversely affect other properties in the area because it would establish a
precedent to allow other businesses to include extraneous information on signs.
APPEAL:
The Zoning Administrator's denial was appealed to the Planning Commission by Commissioner
Gerald Chapman for the following reasons:
• The denial places a hardship on the applicant.
• The denial denies the public the benefit of information needed since the closure of the
emergency facilities at nearby Pacifica Hospital.
STAFF RECOMMENDATION:
Staff recommends denial of Sign Code Exception No. 99-6 for the following reasons:
• The proposed project is not compatible with the character of the area and is not needed for
special circumstances defined by the applicant. The other businesses in the vicinity do not
have their hours of operation posted on their signs.
• The proposed signage will adversely affect other properties in the area because it will
establish a precedent to allow other businesses to include extraneous information on signs.
• The hours of operation are posted on the window of the facility, which is visible to patients
accessing the site from Main Street. Patients accessing the facility from Beach Boulevard
will not be able to see the monument sign and will have to drive into the parking lot
regardless of whether or not the hours of operation are on the monument sign.
THE PUBLIC HEARING WAS OPENED.
Mark Frank, 19209 Foxglen Lane, applicant, stated that they have changed the drawings to
reflect two (2) lines of copy with six (6) inch letters.
PC Minutes—1/11/00 36 (OOpcm111)
[i
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED NOVEMBER 9,1999.
A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE
PLANNING COMMISSION MINUTES DATED NOVEMBER 9,1999, BY THE
FOLLOWING VOTE:
AYES: Laird, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
C-2 PLANNING COMMISSION MINUTES DATED NOVEMBER 23,1999.
A MOTION WAS MADE BY KERINS, SECONDED BY LAIRD, TO APPROVE
PLANNING COMMISSION MINUTES DATED NOVEMBER 23,1999, BY THE
FOLLOWING VOTE:
AYES: Laird, Kerins, Mandic, Chapman, Biddle, Speaker
NOES: None
ABSENT: None
ABSTAIN: Livengood
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS/INQUIRIES
E-1 PLANNING COMMISSION COMMITTEE REPORTS
None
E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Laird — requested staff to investigate the parking area on Seapoint Avenue
across from Seacliff that is being abused by overnight parking. Staff stated they would
report back.
Commissioner Kerins — cited articles in the Huntington Beach Wave that referred to
inadequate affordable housing available for seniors in Irvine. He requested that staff
investigate and prepare a policy document that would allow the Planning Commission to
require single story homes under certain conditions to assure Huntington Beach provides
adequate affordable housing for seniors.
PC Minutes — 1/11/00 39 (OOpcm111)
CONDITIONS OF APPROVAL - SIGN CODE EXCEPTION NO.99-6:
1. The site plan and sign elevations received and dated April 21, 1999 shall be the approved
layout, with the following modifications:
a. The words "WALK-IN" shall be deleted.
2. Prior to submittal for building permits, the 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 and mechanical).
3. 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 and sign
elevations 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 Zoning Administrator's action and the conditions herein.
If the proposed changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Zoning Administrator may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Sign Code Exception No. 99-6 shall not become effective until the ten-day appeal period
has elapsed.
2. Sign Code Exception No. 99-6 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 Zoning Administrator reserves the right to revoke Sign Code Exception No. 99-6,
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. 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.
5. 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.
6. The applicant shall submit a check in the amount of $3 8.00 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 Development within two (2) days of
the Zoning Administrator's action.
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PC Minutes—1/11/00 38 (OOPCM111)
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G. ADJOURNMENT —Adjourn to the January 25, 2000 meeting.
A MOTION WAS MADE BY BIDDLE, SECONDED BY ]KERINS, TO ADJOURN TO A
5:15 PM STUDY SESSION ON JANURARY 25, 2000, AND THEN TO REGULARLY
SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE
FOLLOWING VOTE:
AYES: Laird, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
/kjl
APPR VED BY:
ward Zele , Secretary
PC Minutes—1/11/00 41 (OOPCMI11)
Commissioner Chapman — stated that the Wildlife Animal Hospital on Pacific Coast
Highway was required to complete landscaping within two (2) years of approval and has
only put in some planters. He asked staff what the process was to insure compliance with
the conditions of approval put on projects. Staff stated that the Project Planner and Code
Enforcement are responsible for condition of approval compliance.
Commissioner Biddle — asked staff to investigate the car dealership on Beach Boulevard
that was burned down. He stated that the site is a nuisance. Staff stated that the property
owner has been cited by Code Enforcement and the matter is currently in the hands of the
City Attorney's Office.
Commissioner Livengood — requested that staff provide the Commission with an
inventory of single family dwellings in Huntington Beach and investigate the lack of
landscaping at the commercial center on the corner of Springdale and Edinger.
Commission Livengood stated that they should follow through with the idea of having a
Planning Commission retreat and use the public hearing discussion for tonight's item B-2
as an example for evaluation.
Commissioner Mandic — asked staff what the policy was for outdoor sales at the two (2)
retail corners at Main Street and Pacific Coast Highway, she is concerned with their
frequency and appearance. Staff stated that the temporary use permits are granted by the
Zoning Administrator, usually on a yearly basis.
Commissioner Chapman stated that the Planning Commission would be holding a retreat in the
near future and the Commissioner's should forward any topics of discussion to staff. He also
stated that the Sub -Committee Liaison assignments have been working well and would not
change, unless a Commissioner wished to be changed.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefsky. Director of Planning —restated actions taken at the previous City
Council meeting.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Senior Planner —reviewed items for the January 25, 2000 Planning
Commission meeting.
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PC Minutes—1/11/00 40 (OOPCM111)