HomeMy WebLinkAbout2000-01-25MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, JANUARY 25, 2000
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:15 PM
(Room B-8)
BEACHWALK 7 UNITS — Jane James
ZONING TEXT AMENDMENT — PARK AND RECREATION FEES — Wayne Carvalho
URBAN DESIGN — BUILDING ORIENTATION — Herb Fauland
AGENDA REVIEW — Herb Fauland
PUBLIC COMMENTS - None
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
A P A P P P P
ROLL CALL: Laird, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker
AGENDA APPROVAL — Item B-4 was brought to the front of the Agenda. Please note the
Minutes will reflect actions taken in their original order.
Anyone wishing to speak must fill out and submit a form to speak. No action can be taken by the Planning Commission on
this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing
items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited
to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)
A. ORAL COMMUNICATIONS
NONE
B. PUBLIC HEARING ITEMS
B-1 CONDITIONAL
USE PERMIT NO.99-49 (APPEAL) (WALGREENS AT BEACH
AND SLATER):
APPELLANT:
Fred Speaker, Planning Commissioner
APPLICANT:
JMD Architecture, c/o Joe M. Dickson
LOCATION:
17522 Beach Boulevard (southeast corner of Beach Boulevard and
Slater Avenue)
PROJECT
_
PLANNER:
Amy Wolfe
• The project will be detrimental to the general welfare of persons working or residing in the
vicinity and to the value of the property and improvements in the neighborhood. The plan
does not provide adequate on -site circulation and locates loading facilities facing and in
relative close proximity to residential uses.
• The project will not be compatible with surrounding uses. Drive -through and truck traffic
will be funneled around the project site via inadequate designed drive aisles. The proposed
monolithic 103 ft. long rear building wall, the loading and trash storage area location and
unarticulated 6 ft. high masonry wall along Cameron Street, will be located across from
residential development and will contribute to incompatible visual land use impacts.
Commissioner Biddle stated he would be abstaining from taking action on the proposed request,
as he owned property in the area of the project site.
THE PUBLIC HEARING WAS OPEEND.
Joseph M. Dickson, JMD Architecture, 121 Spear Street, #250, San Francisco, reviewed the
architecture of the proposed request stating that the Design Review Board had reviewed and
approved the request. He stated that he was available to answer any questions.
John Glikbarg, Village Properties, 121 Spear Street, Suite 250, San Francisco, representing
applicant, gave.a brief history of the project. He stated that design and citing of the new building
is an attempt to not inconvenience customers while the new larger store is being constructed.
They submitted a letter to the Commission outlining the concerns regarding the proposed
conditions of approval.
Richard Harlow, 211-B Main Street, representing applicant, stated that the plan offers many
benefits that include lot consolidation, consolidation of driveways and removal of unwanted
driveways, decreased signage and increased landscaping.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Commissioner Livengood stated that he had met with the applicant on -site and on the telephone.
He stated concern regarding the receiving area facing the residents, parking along Slater Avenue,
the citing of the building, truck circulation and he supports staff's recommendation to encourage
foot traffic.
Commission Speaker stated that he had met with the applicant. He stated he appealed the
Zoning Administrator's denial of the request because he feels the proposed project will benefit
and enhance the city.
Commissioner Kerins stated concern regarding the truck circulation and encouraged a pedestrian
pattern that leads from the corner of the street (Slater Avenue and Beach Boulevard) to the
proposed project.
Commissioner Chapman stated that he had met with the applicant and spoken with him on the
telephone. He questioned staff regarding the dedication along Slater Avenue.
PC Minutes—1/25/00 3-(OOPCM125)
A MOTION WAS MADE BY LIVEGNOOD, SECONDED BY SPEAKER, TO
OVERTURN THE ZONING ADMINISTRATOR'S DENIAL AND APPROVE
CONDITIONAL USE PERMIT NO.99-49 WITH FINDINGS AND MODIFICATION
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Kerins, Chapman, Livengood, Speaker
NOES: None
ABSENT: Laird, Mandic
ABSTAIN: Biddle
MOTION PASSED
FINDING FOR PROJECTS EXEMPT FROM CEOA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15302 of the CEQA Guidelines, because the proposed development
involves replacement of existing structures and facilities with a commercial structure which will
be located on the same site as the structures replaced and will have substantially the same
purpose and capacity as the structures replaced.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-49:
1. Conditional Use Permit No. 99-49 for the establishment, maintenance and operation of an
approximately 13,749 sq. ft. two-story, Walgreens Pharmacy with drive -through service will
not be detrimental to the general welfare of persons working or residing in the vicinity and to
the value of the property and improvements in the neighborhood. The plan, as conditioned,
will incorporate appropriate on -site circulation and adequate landscaping and parking
improvements. Loading and service areas will be integrated within the building and site
design.
2. The conditional use permit, as conditioned, will be compatible with surrounding uses. The
proposed building siting and architectural design will be complementary to existing adjacent
land uses/ structure and will promote pedestrian activity between existing and proposed land
uses/structures.
3. The proposed development as conditioned 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 (BBZSO). The project will comply with applicable HBZSO parking
and landscaping requirements for development within the CG zoning district. In addition the
proposed development will comply with the loading facility design requirement which
prohibits placement of loading door so as to face property zoned or general planned
residential.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the following goals and policies of the General Plan:
LU10.1.4. Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout quality.
PC Minutes—1/25/00 4 (OOPCM125)
LU10.1.12. Require that Commercial uses be designed and developed to achieve a high level
of quality, distinctive character, and compatibility with existing uses and development
including consideration of:
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of buildings to the street frontage to convey a visual relationship to the street and
sidewalks;
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques
such as the modulation of building volumes and articulation of all elevations.
The proposed development will achieve a high level of layout quality. The siting and design
of the proposed structure along the street frontage will allow for pedestrian connections
between sidewalks and the Walgreens Pharmacy and will achieve the optimum automobile
parking area screening, by placing them behind the proposed building structure.
CONDITIONS OF APPROVAL — CONDMONAL USE PERMIT NO.99-49:
1. The site plan, floor plans and elevations received and dated November 11, 1999 shall be the
conceptually approved layout with the following modifications:
a. Service areas (e.g. loading, trash storage) shall be fully integrated within the building /site
design..
b. The site plan shall be revised to depict the ultimate right-of-way/ property lines and shall
comply with minimum parking and landscaping standards. Project compliance with
BBZSO requirements shall be based on ultimate right-of-way/ property line location.
c. An 8-ft. high wall shall be constructed along the southerly property line, unless a noise
analysis indicates that it will not be unnecessary in order to meet Noise Ordinance
standards.
d. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting
shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the
site plan and elevations.
e. The driveway entrances shall have textured and colored pavement (behind sidewalk on
private property).
f. Elevations shall depict colors and building materials, as approved by the Design Review
Board.
g. The monument sign design shall be revised to be architecturally consistent with the main
building design and shall be subject to review and approval by the Planning Director.
h. The proposed wall and monument signage shall be redesigned to comply with BBZSO
standards. The monument sign shall only include the business name, logo and address.
i. All proposed bollards shall be eliminated and may be replaced with planters, as
appropriate.
PC Minutes—1/25/00 5 (00PCM125)
j. 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)
k. 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)
1. 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 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 PCBs. These requirements include but are not limited to: survey, identification of
removal methods, containment measures, use and treatment of water, proper truck
hauling, disposal procedures, and proper notification to any and all involved agencies.
b. Pursuant to the requirements of the South Coast Air Quality Management District, an
asbestos survey shall be completed.
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 (if any present on site) 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.
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PC Minutes—1/25/00 6 (OOPCM125)
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3. Prior to issuance of grading permits, the following shall be completed:
a. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. (PW)
b. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis
shall include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, chemical and fill properties, foundations, retaining walls,
streets and utilities. (PW)
c. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PW)
d. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be
submitted to the Department of Public Works for review and approval by the Park, Tree
and Landscape Division. The Developer shall submit irrigation demands to ensure
proper irrigation sizing. (PW)
e. 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.
f. Site plans and elevations depicting the height and material of retaining walls, walls, and
fences consistent with the grading plan shall be submitted to and approved by the
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
new walls, and shall be 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.
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. The Planning Department shall review and approve the following:
1) Revised site plan and elevations as modified.
c. All Fire Department requirements shall be noted on the building plans.
PC Minutes—1/25/00 7 (OOPCM125)
d. 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)
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 and materials sample board 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. Any existing mature that must
be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees
and shall be incorporated into the projecVs landscape plan. (Code Requirement) .
c. All applicable Public Works fees shall be paid. (PW)
d. A grading permit shall be issued. (PW)
e. A Parcel Map shall be recorded with the Office of County Recorder for the purpose of lot
consolidation. (PW)
f. The subject property shall enter into irrevocable offer to dedicate reciprocal driveway
access easement(s), between the subject site and adjacent southerly property. The subject
property owner(s) shall be responsible for making necessary improvements to implement
the reciprocal driveway. The legal instrument shall be submitted to the Planning
Department a minimum of 30 days prior to building permit issuance. The document shall
be approved by the Planning Department and the City Attorney as to form and content
and, when approved, shall be recorded in the Office of the County Recorder prior to final
building permit approval. A copy of the recorded document shall be filed with the
Planning Department for inclusion in the entitlement file prior to final building permit
approval. (Code Requirement)
g. The owner shall record an irrevocable offer to dedicate the northerly 11 ft. of the project
site along Slater Ave to the City of Huntington Beach for street purposes. (This can be
accomplished on the Parcel Map). (PW)
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PC Minutes—1/25/00 8 (OOPCM125)
h. A sign plan shall be submitted for review and approval to the Planning Department
identifying all signage. All signage shall comply with HBZSO Chapter 233.
i. 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.
6. During demolition, grading, site development, and/or construction, the following shall be
adhered to:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day,
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name
and phone number of a field supervisor to contact for information regarding the
development and any construction/ grading activity.
7. Prior to issuance of a Certificate of Occupancy, the following shall be completed:
a. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Landscaping.
2) All utilities, both new and existing, shall be undergrounded. (PW)
3) Outdoor lighting shall utilize energy -saving lamps. All outdoor lighting shall be
directed to prevent "spill -over" onto adjacent properties, shall be shown on the site
plan and elevations, and shall not emit glare skyward. Lighting shall be capable of
being dimmed to a minimum security during hours of non -operation of the facility.
(PW)
4) The existing water meters and/or services serving the site may potentially be utilized
if they are of adequate size, conform to current standards, and are in working
condition as determined by the Water Division; however, the existing meter shall be
replaced with a touch -read meter. If new water services are necessary, they shall be
installed per Water Division Standards and sized to meet the minimum requirements
set forth by the Uniform Plumbing Code (UPC) (minimum 2 inches in size). (PW)
PC Minutes—1/25/00 9 (OOPCM125)
5) All water meters shall be touch -read type. (PW)
6) The building shall have a separate fire service with an appropriate backflow
protection device for fire sprinklers. (PW)'
7) Separate backflow protection shall be installed per the City of Huntington Beach
Water Division Standards for domestic, irrigation and fire water services. (PW)
8) The existing fire hydrant on Cameron Street shall be relocated to the satisfaction of
the Water Division, (PW)
9) Wheel -chair accessible pedestrian access from the sidewalks shall be provided. (PW)
10) All existing driveways not to be used shall be removed and replaced with new curb,
gutter and sidewalk per applicable standards. (City or Caltrans). (PW)
11) All new or existing driveways that are to remain shall conform to City or Caltrans
Standards. (PW)
12) Red curb along the property frontage shall be re -painted. (PW)
13) The stamped concrete drive approach, shown along the Beach Boulevard frontage,
shall be entirely on private property. (PW)
14) Any driveways on Cameron Street shall have a 10-ft. wide stamped concrete band.
O?W)
15) The applicant shall cap and abandon unused sewer laterals. (PW)
16) The driveway on the southwest comer of Slater Avenue and Cameron Street shall be
reduced to 33 ft. in width (or to the width which would accommodate truck
movements, to the satisfaction of Public Works) and moved approximately 7 ft.
southerly to accommodate the future widening of Slater Avenue. (PW)
17) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
18) A fire alarm system will be installed to comply with Huntington Beach Fire
Department and Uniform Fire Code Standards. Shop drawings will be submitted to
and approved by the Fire Department prior to installation. The system will provide
the following:
a) manual pulls;
b) water flow, valve tamper and trouble detection;
c) 24 hour supervision;
d) smoke detectors;
e) annunciation; and
f) audible alarms (FD)
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PC Minutes—1/25/00
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(OOPCM125)
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19) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
20) Address numbers will be installed to comply with City Specification No. 428. The
size of the numbers will be sized a minimum of six (6) inches with a brush stroke of
one and one-half (1-1/2) inches. (FD)
21) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
(FD)
22) An automatic fire sprinkler system shall be approved and installed pursuant to Fire
Department regulations. Shop drawings shall be submitted and approved by the
Fire Department prior to system installation. (FD)
23)Fire access roads shall be provided in compliance with City Specification 401.
Include the Circulation Plan and dimensions of all access roads. (FD)
b. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Planning Department.
C. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
d. 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.
8. The use shall comply with the following unless a noise analysis indicates that any of the
measures are unnecessary to meet Noise Ordinance standards:
a. New air-conditioning units and refrigeration condensers shall be limited to a sound rating
of no greater than SR=85 Bels, or 85 dBA at one foot.
b. Deliveries shall be prohibited between the hours of 6:00 P.M. and 7:00 A.M on
weekdays. No deliveries shall be permitted on Saturday and Sundays.
c. All loading doors shall be kept closed unless loading and unloading is in progress.
d. Speaker -board units shall be limited to output levels no greater than a value of 68 dBA at
ten feet.
9. The Planning Director ensures that all conditions of approval herein are complied with. The
Planning Director shall be notified in writing if any changes to the site plan, elevations and
floor plans are proposed as a result of the plan check process. Building permits shall not be
issued until the Planning Director has reviewed and approved the proposed changes for
conformance with the intent of the Planning Commission's action and the conditions herein.
If the proposed changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Planning Commission may be required pursuant to the HBZSO.
PC Minutes—1/25/00 11 (OOPCM125)
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 99-49 shall not become effective until the ten -calendar day
appeal period has elapsed.
2. Conditional Use Permit No. 99-49 shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Planning Department a minimum 30
days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 99-49,
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
Exemption at the County of Orange Clerk's Office. The check shall be made out to the
CoupM of Orange, and submitted to the Planning Department within two (2) days of the
Zoning Administrator'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 Zoning Administrator.
9. 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.
10. Traffic Impact Fees shall be paid prior to issuance of a Certificate of Occupancy. (PW)
11. A Public Works Construction Permit shall be required for all work on Cameron Street and
Slater Avenue. A Caltrans permit shall be required for all work within Beach Boulevard.
(PW)
12. State -mandated school impact fees shall be paid prior to issuance of building permits.
13. A Certificate of Occupancy must be issued by the Planning Department and Building and
Safety Department prior to occupying the building.
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B-2 CONDITIONAL USE PERMIT NO 99-16NARIANCE NO.99-16 (APPEALI
(SHERWIN WILLIAMS PAINT/WWSTON TIRE):
APPELLANT:
APPLICANT:
LOCATION:
PROJECT
PLANNER:
Donald P. Jones
Julio Gener
17151 and 17171 Beach Boulevard (southwest corner of Beach and
Cypress)
Jane James
Conditional Use Permit No. 99-16 and Variance No. 99-16 represent a request by Mr. Julio
Gener, Studio 3 Architects to permit the construction of a new 4,000 square foot Sherwin-
Williams paint store and expand the adjacent Winston Tire store by 1,600 square feet. The
project also includes variance requests for reduction in landscape planter widths and a reduction
of three parking stalls. The proposed project was denied by the Zoning Administrator on
October 13, 1999 and was appealed to the Planning Commission by the property owner, Mr.
Donald Jones. The appellant believes the traffic circulation and parking problems have been
addressed and that the new construction project is important for two long-standing Huntington
Beach retail operators.
STAFF RECOMMENDATION:
Staff and the Zoning Administrator have evaluated the project with regard to general
planning/land use functionality issues and determined that the proposed development will not
implement General Plan land use goals. In addition, the proposed project is not in compliance
with Huntington Beach Zoning and Subdivision Ordinance (ZSO) standards applicable to the
property and will result in an awkward, inconvenient, and potentially unsafe parking and traffic
circulation pattern on the site. Staffs recommendation for denial and the Zoning
Administrator's action are based on the following reasons:
• The project will be detrimental to the general welfare of persons working or residing in the
vicinity and detrimental to the value of property in the neighborhood. The site layout is
inadequate for proper vehicle and pedestrian circulation.
• There is insufficient distribution of parking spaces as more than half of the required parking
for the tire store is located on the adjacent paint store site.
• No buffering or physical protection is provided between incoming vehicles from Beach
Boulevard and the handicapped parking area.
• The loading area for the paint store blocks access to the rear parking lot during loading
operations and results in potentially dangerous truck maneuvers. Delivery trucks must back-
up the length of the building and back-up around the corner of the store in order to travel
forward out to Beach Boulevard.
• The project does not comply with goals and policies of the General Plan requiring adequate
space for access, parking, and a high level of site layout quality and to provide sufficient,
safe, and convenient parking, and to provide adequate landscaping.
• The proposed project is an over intensification of development on the site resulting in the
need for parking and landscape variances which would be a grant of special privilege.
• The variances are not necessary to preserve the enjoyment of substantial property rights. A
reduction in the building sizes would eliminate the need for variances.
PC Minutes—1/25/00 13 (00PCM125)
Commissioner Biddle stated he would be abstaining from taking action on the proposed request
as he owned property in the area of the project site.
THE PUBLIC HEARING WAS OPENED.
Ken Gould, 3991 MacArthur Boulevard, Newport Beach, real estate broker for the project, gave
a history of the request and the issues involved. He stated that the Redevelopment Agency for
the City of Huntington Beach has reviewed the request and encourages approval.
Donald P. Jones, 1615 E. Bay Avenue, Balboa, property owner (both properties), stated concern
regarding the dedication that was being requested. He stated that Winston Tires needs to expand
in order to remain in business at this site and it will not create excessive traffic flow.
Julio Gener, 20101 SW Birch Street, #240, Newport Beach, applicant, reviewed his concerns
regarding the conditions of approval with the Commission and stated he was available to answer
any questions.
Scott Tonn, 900 W Alameda Avenue, Burbank, representing Winston Tire Company, stated the
proposed request would increase square footage by only 600 feet. He stated that they will be
adding landscaping and improving the look of the building.
Ted A. Allison, 2125 Oak Grove Road, #324, Walnut Creek, representing Sherwin-Williams,
gave a brief history of their business in Huntington Beach. He stated that they have looked for
other sites in Huntington Beach and nothing was feasible. He urged approval of the proposed
request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO OVERTURN
THE ZONING ADMINSTTRATOW S DENIAL AND APPROVE CONDITIONAL USE
PERMIT NO.99-16 AND VARIANCE NO.99-16 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Kerins, Chapman, Biddle, Livengood, Speaker
NOES:
None
ABSENT:
Laird, Mandic
ABSTAIN:
Biddle
MOTION PASSED
FINDINGS FOR PROJECTS EXEMPT FROM CEOA:
The Zoning Administrator finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15303 of the CEQA Guidelines because the new paint store
building is under 10,000 square feet in size and is replacing an existing retail center and all
necessary public services and facilities are available to support the use; and Section 15301 of the
CEQA Guidelines because the expansion of the existing tire store building is less than 2,500
square feet and/or 50 percent of the floor area of the existing tire store building.
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FINDINGS FOR APPROVAL - CONDMONAL USE PERMIT NO.99-16:
1. Conditional Use Permit No. 99-16 for the establishment, maintenance and operation of the
4,000 square foot paint store and 1,600 square foot addition to an existing tire store with
compact parking 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 paint store building is replacing a dilapidated retail strip center and an
existing tire storage -unit will be replaced by landscaping, thereby resulting in an
improvement to the area. The buildings for each of the retail uses are designed to compliment
one another. Increased landscaping and a larger driveway will be provided along Beach
Boulevard to further improve the aesthetic and functional value of the property.
2. The conditional use permit will be compatible with surrounding uses. In addition to
providing its own required parking spaces, the paint store will accommodate additional
parking spaces required for the adjacent tire store, while providing adequate circulation
between the two uses. A landscape planter and eight -foot high block wall buffers the site
from the adjacent residential neighborhood.
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 condition required for the proposed use in the district in which it
would be located. Except for a variance for the reduction in landscape planter width on the
north and south property lines and a three space parking reduction, the project conforms to all
applicable development standards including setbacks, building height, and site coverage.
4. The granting of the conditional use permit will not adversely affect the General Plan: It is
consistent with the Land Use Element designation of CG (Commercial General) on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
a. ED2.4.1: Encourage and assist existing and potential commercial owners to modernize
and expand their commercial properties.
b. ED 2.4.3: Encourage the expansion of the range of goods and services provided in
Huntington Beach to accommodate the needs of all residents in Huntington Beach and the
market area.
FINDINGS FOR APPROVAL - VARIANCE NO.99-16:
1. The granting of Variance No. 99-16 to allow 39 parking spaces in lieu of 42 parking spaces
(a reduction of three spaces), a nine- (9) foot wide landscape planter in lieu of 10 feet wide (a
reduction of one foot), along Cypress and a three (3) foot wide landscape planter along the
south property line in lieu of five (5) feet will not constitute a grant of special privilege
inconsistent with limitations upon other properties in the vicinity and under an identical zone
classification. To provide better site design, other properties along Beach Boulevard and
within the same zoning designation have been allowed a reduction in landscape planter
width. In addition, the applicant has provided a parking study prepared by a Registered
Traffic Engineer, which has determined adequate parking for the two uses will be provided.
With an approved parking study, other commercial businesses have been allowed a reduction
in parking within the same zoning classification.
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2. Because of special circumstances applicable to the subject property, including size and shape,
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 identical zone classification.
If widened to minimum requirements, the close proximity of the landscape planter to the
existing building would not allow adequate room for drive aisle width or parking area back
up space. The existing width of the landscape planter along Cypress also includes three feet
of landscaping not located within the subject site. The net width of the planter is 12 feet and
would exceed minimum code requirements if the entire planter were located within the
existing property lines. Each of the two lots that make up the subject property is substandard
in width. Except for the three space shortfall, the tire store's inadequate parking area can be
accommodated on the adjoining paint store lot. A parking study has been submitted and has
determined that the proposed parking configuration will satisfy the parking demand on both
lots.
The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. If the landscape or parking reduction were not allowed to occur, the existing
tire building would have to be reduced in size or relocated on the site in order to
accommodate all development standards and would result in a substantial expense to the
applicant.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the -same zone classification. Adequate pedestrian and vehicular
circulation exists, which allows a substantial portion of the parking required for the tire store
to be located on the paint store lot. In addition, because of the reduction in parking, tire and
paint store employees will be required to park in the rear of the paint store parking lot. In
addition, both sites exceed the overall percentage of landscaping required by code.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of CG (Commercial General) on the subject property as
well as the following policy of the General Plan:
a. ED 2.4.1: Encourage and assist existing and potential commercial owners to modernize
and expand their commercial properties.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-16NARIANCE
NO.99-16:
1. The site plan, floor plans and elevations received and dated December 23, 1999 shall be the
conceptually approved layout with the following modifications:
a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
b. 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)
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c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall
be architecturally compatible with the building in terms of materials and colors. If
screening is not designed specifically into the building, a rooftop mechanical equipment
plan showing screening must be submitted for review and approval with the application
for building permit(s). (Code Requirement)
d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
e. The maximum separation between building wall and property line shall not exceed two
(2) inches.
f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting
shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the
site plan and elevations.
g. Plans shall depict an eight foot high wall as required for separation between residential
and commercial properties. (Code Requirement)
2. Prior to the 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. (PW)
b. 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)
c. In accordance to NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. (PW)
d. Blockwall/fencing plans shall be submitted to and approved by the 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.
e. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Planning
Department.
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3. Prior to submittal for building permits, the following shall be completed:
a. The Design Review Board shall review and approve the proposed colors, materials, and
building elevations.
b. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
c. All Fire Department requirements shall be noted on the building plans. (FD).
4. Prior to issuance of building permits, the following shall be completed:
a. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Planning. The Landscape
Construction Set shall include a landscape plan prepared and signed by a State Licensed
Landscape Architect which identifies the location, type, size and quantity of all existing
plant materials to remain, existing plant materials to be removed and proposed plant
materials; an irrigation plan; a grading plan; an approved site plan and a copy of the
entitlement conditions of approval.
The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees
(trunk greater than 10 to diameter) that must be removed shall be replaced at a two to
one ratio (2:1) with minimum 36-inch box trees and shall be incorporated into the
projects landscape plan. (PW) (Code Requirement)
b. The subject property shall enter into irrevocable reciprocal driveway and parking
easement, between each of the two subject lots and between the paint store lot and
adjacent southern property. The owner shall be responsible for making necessary
improvements to implement the reciprocal driveway. The legal instrument shall be
submitted to the Department of Planning a minimum of 30 days prior to building permit
issuance. The document shall be approved by the Department of Planning and the City
Attorney as to form and content and, when approved, shall be recorded in the Office of
the County Recorder. A copy of the recorded document shall be filed with the
Department of Planning. (Code Requirement)
5. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
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6. Prior to final building permit inspection or issuance of a Certificate of Occupancy, the
following shall be completed:
a. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach
Zoning & Subdivision Ordinance.
b. All work within the City right-of-way shall require a Public Works Construction Permit.
(PW)
c. All work with the State right-of-way shall require a Caltrans Permit. (PW)
d. The existing domestic meter and service serving the 17171 Beach Boulevard site may
potentially be utilized for domestichrrigation purposes if it is if adequate size, conforms
to current standards, and is in working condition as determined by the Water Division.
(PW)
e. The existing domestic water meter and service serving the 17151 Beach Boulevard site
shall be abandoned. A new, separate domestic water meter and service shall be installed
and sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC).
Nrnimum service lateral size shall be 2 inches (meter shall not be located in driveway)
(PW) .
f. All meters (new and existing) shall be touch read type. (PW)
g. The building shall have a separate fire service with an appropriate backflow protection
device. (PW)
h. The curb, gutter and sidewalk along the property frontage (Beach Boulevard) shall be
removed and replaced per Caltrans standards. The curb return at Beach and Cypress shall
be removed and replaced per City Standard Plan 208. (PW)
i. Construct a wheelchair ramp per Caltrans Standard Plan RNSP-A88, Case " E" at the
Beach Boulevard and Cypress Street intersection in front of the property. (PW)
j. The existing driveway on Cypress Street shall be removed and replaced with curb, gutter
and sidewalk. (PW)
k. Two new driveways on Cypress shall be constructed. The most westerly residential
driveway shall be constructed per City Standard Plan 209. The most easterly commercial
driveway shall be constructed per -City Standard Plan 211. (PW)
1. The doors on the building (e.g. door on south side of Sherman Williams building) and the
loading zone must be clear of the 26 foot parking lot drive aisle or must open inward.
(PW)
m. The applicant shall demonstrate to the satisfaction of the Public Works Department that a
refuse truck can turn around on the site. (PW)
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n. Outdoor lighting shall utilize energy saving lamps. All outside lighting shall be directed
to prevent spillover 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 hours of non -operation of the facility. (PW)
o. All on -site drainage shall flow into a grated inlet. (PW)
p. The Traffic Impact Fee shall be paid prior to certificate of occupancy. (PW)
q. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Landscaping;
2) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
3) A fire alarm system will be installed to comply with Huntington Beach Fire
Department and Uniform Fire Code Standards. Shop drawings will be submitted to
and approved by the Fire Department prior to installation. The system will provide
the following:
a) Audible alarms
b) water flow
c) smoke detectors
d) 24 Hour supervision (FD)
4) Fire lanes will be designated and posted to comply with City Specification No. 415
(FD)
5) Address numbers will be installed to comply with City Specification No. 428. The
size of the numbers will be sized a minimum of six (6) inches with a brush stroke of
one and one-half (1-1/2) inches. (FD)
6) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
Low level exit signs will be included. (FD)
7) Service roads and fire lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
8) An automatic fire sprinkler system shall be approved and installed throughout.
Shop drawings shall be submitted and approved by the Fire Department prior to
system installation. (FD)
9) For Fire Department approval, submit a Fire Protection Plan in compliance with
City Specification 426. (FD)
r. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
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s. 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.
7. The use shall comply with the following:
a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
b. Service roads and fire access lanes shall be maintained. If fire lane violations occur and
the services of the Fire Department are required, the applicant will be liable for expenses
incurred. (FD)
c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
d. All repair work and tire installation shall be conducted wholly within the building.
e. The employees of the tire store and paint store shall park their personal vehicles at the
rear portion of the paint store's parking lot.
f. The main entry door to the paint store shall not swing outward into the parking lot.
g. Any surplus of completed vehicles awaiting pick-up by tire store customers shall be
parked in the paint store parking lot.
h. Loading/unloading operations at the paint store shall include a forklift to minimize the
duration of loading activities.
8. The Planning Director ensures that all conditions of approval herein are complied with. The
Planning Director shall be notified in writing if any changes to the site plan, elevations and
floor plans are proposed as a result of the plan check process. Building permits shall not be
issued until the Planning Director has reviewed and approved the proposed changes for
conformance with the intent of the 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. Conditional Use Permit No. 99-16Nariance No. 99-16 shall not become effective until the
ten-day appeal period has elapsed.
2. Conditional Use Permit No. 99-16Nariance No. 99-16 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 Conditional Use Permit No. 99-
16Nariance No. 99-16, pursuant to a public hearing for revocation, if any violation of these
conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code
occurs.
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4. All applicable Public Works fees shall be paid. (PW)
5. A Certificate of Occupancy must be issued by the Planning Department prior to occupying
the building.
6. 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.
7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
8. All signs shall conform to the BBZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Planning Department.
9. All landscaping shall be maintained in a neat and clean manner, and in conformance with
the BBZSO. Prior to removing or replacing any landscaping, written approval must be
obtained from the Departments of Planning and Public Works. Substantial changes shall
require approval by the Zoning Administrator.
10. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Planning Department within two (2) days of
the Zoning Administrator's action.
B-3 CONDITIONAL USE PERMIT NO.99-31/NEGATIVE DECLARATION NO. 99-
11 (ELLIS AVENUE SRO):
APPLICANT: Dr. James Lu, Amwest Environmental, Inc.
LOCATION: 8102 Ellis Avenue (south side of Ellis approximately 400 feet east of
Beach Boulevard)
PROJECT
PLANNER: Jane James
Negative Declaration No. 99-11 and Conditional Use Permit No. 99-31 represent a request by
Mr. Charles Tsang and Dr. James Lu on behalf of Amwest Environmental Group, Inc., to
accommodate the siting of a new three-story, Single Room Occupancy project with 106
efficiency apartment units and one manager's unit and install landscaping and hardscape
improvements on the project site. The site adjoins commercial uses to the south and west and
residential uses to the north and east.
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STAFF RECOMMENDATION:
Staff has evaluated the project with regard to general planning/land use compatibility issues and
determined that the proposed development will implement General Plan land use goals, is in
compliance with applicable Huntington Beach Zoning and Subdivision Ordinance (ZSO)
standards applicable to the property, and will be compatible with adjacent development. Staff
recommends approval of Negative Declaration No. 99-11 and Conditional Use Permit No. 99-31
for the following reasons:
♦ The proposed project will not have any adverse environmental impacts. With standard
conditions of approval and the proposed site design, project issues will be mitigated to a level
of insignificance. Existing mature trees which are proposed to be removed will be replaced
in accordance with ZSO requirements.
♦ The proposed project is consistent with the goals and objectives of the City's General Plan
which encourages development of a range of housing types, including Single Room
Occupancies. The project will provide 47 units for very low income individuals and 59 units
for low income individuals. The affordable housing units will fulfill numerous social,
community, and housing needs of existing and future Huntington Beach residents.
• The subject development proposal will be in compliance with the CG (General Commercial)
zoning district regulations inclusive of building setbacks, landscaping and off-street parking
standards and City policies related to site planning. On site landscaping and parking
improvements will comply with ZSO requirements.
♦ The project's scale will be compatible with existing development on site and properties in the
immediate vicinity. Building mass offsets will be provided to articulate and segment the
building elevations. The project will convey a quality visual image and character.
The Commission discussed with staff the parking layout.
THE PUBLIC HEARING WAS OPENED.
Michael E. Morgan, 5744 E. Scrivener Street, Long Beach, representing property owner, gave a
brief history of the site. He stated the current structure is dilapidated and an eyesore and danger
to the community. He stated that the proposed project will eliminate the health and safety risks
of the current structure and be a benefit to the community.
Morris Bolter, 835 Clybourn Avenue, Burbank, architect for the project, gave an overview of the
architectural issues. He stated that the proposed project would provide a buffer between the
existing two (2) story residential complex and the existing commercial area.
Charles Tsang, 12055 Ashworth Street, Artesia, project manager, stated that this would be the
first Single Room Occupancy (SRO) project built in Huntington Beach. He stated that the
majority of tenants will be those on fixed incomes and all potential tenants will be screened. Mr.
Tsang stated that similar projects in Irvine and Fullerton have shown to have adequate security
with no major breaches.
James Lu, 6071 Manorfield Drive, representing developer, stated that he feels the project will be
good for the community and will not attract criminals as some opponents have feared. He stated
that there will be security and it will have a 24-hour surveillance system.
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Jack Wenzel, 13132 Buckingham Circle, spoke in opposition to the proposed request stating it is
substandard housing and will attract a criminal element.
Margene Watkins, 18531 Denison Lane, spoke in opposition to the proposed request stating that
she is concerned with the type of low income persons it would bring to live in their
neighborhood.
Bruce Solari, 1544 W. Yale Avenue, Orange, stated that he has worked with SRO projects for
approximately ten (10) years. He stated that '/2 parking space per unit was adequate, that the
projects he has worked for did not attract a criminal element and that if managed properly it
would be a safe and healthy environment.
Stephanie Castellan, 18531Demion Lane, #A, spoke in opposition to the request stating concern
that the project will bring a bad element of people. He stated that he heard mental patients will
be able to stay at the SRO.
Peggy Glenn, 8341 Padrino Circle, spoke in opposition to the request stating that the
neighborhood was not an appropriate place for the SRO. She stated that the use is not
compatible with the Beach Boulevard recycle plan and will have a bigger impact than has been
projected. She stated that the use sounds like a half -way house or an informal jail rather than a
residential use: She is also concerned that there is a 40% parking deficit.
Gerald H. Smith, 8315 Manifesto Circle, spoke in opposition to the request stating concern with
the type of people that will live there, inadequate parking, increased traffic and the excessive
height of the structure.
Adam Chamaa, 18852 Beach Boulevard, adjacent business owner, stated that the property is
currently an eyesore and dangerous and some type of development should occur.
Ken Wayuran, representing adjacent property owners, stating that the owners are concerned with
impacts to their parking, and that the proposed project will be detrimental to persons and
property in the area.
Robert Butler, 911 W. Bay Avenue, Balboa, spoke in opposition to the request stating concerns
regarding parking and the type of element the SRO will attract.
Hans Van Henk, 20322 Lighthouse Lane, spoke in opposition to the request stating that the
development was too dense and too high for the area, parking would be inadequate and it is a
experimental project with an uncertain outcome to the community.
Marla Martella, 19415 Ironwood Lane, stated concern regarding inadequate parking and the
experience of persons managing the project. She would support the request if these issues were
adequately addressed.
Terry Engel, 18672 Libra Lane, stated concern regarding inadequate parking and the experience
of persons managing the project. He would support the request if these issues were adequately
addressed.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
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The Commission expressed several concerns regarding the proposed request. They stated
concern regarding the necessity for all the security precautions, if no trouble or criminal activity
was perceived. They were also concerned regarding the impacts of reduced parking
requirements, management accountability and land use issues concerning its location.
A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO DENY
NEGATIVE DECLARATION NO.99-11 AND CONDITIONAL USE PERMIT NO.99-31
WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE:
AYES: Biddle, Livengood, Speaker
NOES: Kerins, Chapman
ABSENT: Laird, Mandic
ABSTAIN: None
MOTION FAILED
MOTION FAILED DUE TO A LACK OF AN MAJORITY AFFIRMHIVE VOTE AND
WILL AUTOMATICALLY BE CONTINUED TO THE FEBRUARY 8, 2000 PLANNING
COMMISSION MEETING.
B-4 CONDITIONAL USE PERMIT NO.99-51/VARIANCE NO.99-15 BENT
RESIDENCE):
APPLICANT: Niles Folsom, Architect
LOCATION: 6742 Shetland Circle (terminus of Shetland Circle cul-de-sac
approximately 350 feet east of Quarterhorse Lane)
PROJECT
PLANNER: Amy Wolfe
Conditional Use Permit No. 99-51 represents a request by Mr. Miles Folsom (project architect)
on behalf of Mr. Bruce C. Bent and Mrs. Deborah L. Bent (property owner), to construct an
11,947 square foot two story single family dwelling on a vacant lot within the Ellis Goldenwest
Specific Plan area. Associated site improvements include a tennis court, pool/spa, construction
of retaining walls (height 4 feet-6 inches maximum) and improvements within the open space
corridor traversing the site. The proposed development is subject to the residential infill lot
development requirements and will be located on a lot which currently has a grade differential
greater than three (3) feet between the high and low point of the site. Variance No. 99-15 is a
request to permit grading of the project site involving 5 feet-3 inches maximum cut (6'-6" from
existing grade) and 9 feet-6 inches maximum fill (4'-6" from existing grade), based on the 1982
topography contour map, in lieu of maximum 2 feet cut and maximum 2 feet fill.
STAFF RECOMMENDATION:
The subject proposal was presented to the Planning Commission as a study session item on
January 11, 2000. The Planning Commission requested information regarding project drainage
impacts and existence of retaining walls within other parcels of the subject tract. Staff forwarded
a memorandum dated January 13, 2000, and supplemental background information pertinent to
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the project to the Planning Commission for review and reference. On January 13, 2000, the
property owner requested continuance of the public hearing on this item to the February 8, 2000,
Planning Commission meeting, in order to allow time to obtain additional project related
information. Staff recommends continuance of the project to the February 8, 2000, Planning
Commission meeting.
A MOTION WAS MADE BY SPEAKER, SECONDED BY BIDDLE, TO CONTINUE
CONDITIONAL USE PERMIT NO. 99-51 AND VARIANCE NO.99-15 TO THE
FEBRUARY 8, 2000 PLANNING COMMISSION MEETING, BY THE FOLLOWING
VOTE:
AYES: Kerins, Biddle, Livengood, Speaker
NOES: None
ABSENT: Laird, Mandic
ABSTAIN: Chapman
MOTION PASSED
B-5 CONDITIONAL USE PERMIT NO.99-21 WITH A SPECIAL
PERMIT/COASTAL DEVELOPMENT PERMIT NO.99-12 (1BIZA
RESTAURANT):
APPLICANT: J.C. Gallagher
LOCATION: 209 Main Street (west side, north of Walnut Avenue)
PROJECT
PLANNER: Wayne Carvalho
Conditional Use Permit No. 99-21/Coastal Development Permit No. 99-12 is a request by Mr.
John Gallagher to construct facade improvements and a 550 square foot addition to an existing
restaurant building. The request includes allowing outdoor dining with alcohol sales on public
property, alcohol sales inside of the restaurant, and approval of an in -lieu parking fee
participation agreement for four (4) spaces. -A special permit to construct a trash enclosure along
the rear property line is also requested.
STAFF RECOMMENDATION:
Staff supports the proposed improvements for the following reasons:
• The facade improvements and outdoor dining will be compatible with adjacent restaurants
on the second block and is in compliance with the Mediterranean and pedestrian oriented
design specified in the Downtown Specific Plan.
• The restaurant use will be compatible with the adjacent restaurant and retail uses.
• The restaurant addition will be provided with parking through payment of parking in -lieu
fees for four (4) spaces.
With the conditions imposed, the restaurant with alcohol sales will be compatible with other
restaurants in the immediate vicinity, and will not be detrimental to property owners and
residents in the area.
The proposed outdoor dining will not impede pedestrian or vehicular traffic.
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THE PUBLIC HEARING WAS OPENED.
Keith Bohr, 415 Townsquare Lane, 9219, representing applicant, stated that the applicant was m
concurrence with the staff report and staffs recommendation and was available to answer any
questions.
Jeff Bergsma, 221 Main Street, architect for the project, gave a brief overview of the design.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE
CONDITIONAL USE PERMIT NO.99-21 AND COASTAL DEVELOPMENT PERMIT
NO.99-12 WITH A SPECIAL PERMIT WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Kerins, Chapman, Biddle, Livengood, Speaker
NOES: None
ABSENT: Laird, Mandic
ABSTAIN: None
MOTION PASSED
FINDINGS FOR PROJECTS EXEMPT FROM CEOA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Guidelines which exempts minor alterations
and additions to existing structures.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-21:
Conditional Use Permit No. 99-21 for the establishment, maintenance and operation of
fagade improvements and a 550 sq. ft. single story restaurant addition to an existing one story
restaurant with alcohol sales, outdoor dining on public property with alcohol sales, and
approval of a parking in lieu fee participation agreement, 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. Based upon the conditions imposed,
the proposed restaurant will not adversely impact the adjacent retail and restaurant uses, nor
will it impact pedestrian or vehicular traffic along Main Street. The restaurant addition will
improve the building's appearance from the alley. The outdoor dining area will provide the
required sidewalk corridor along the building and will not inhibit pedestrian traffic.
2. The conditional use permit will be compatible with surrounding uses. The sidewalk's public
use, pedestrian, transit and business services including but not limited to loading zones, bus
stops, public phones, and benches, are not restricted. Building entryways will not be
obstructed; handicapped accessibility will be provided, where required. There outdoor
dining will be compatible with the adjacent outdoor dining areas on the second block by
providing a minimum eight (8) foot clear corridor along the building.
PC Minutes—1/25/00 27 (OOPCM125)
3. The proposed restaurant expansion, outdoor dining and alcohol sales 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. In addition, any specific condition
required for the proposed use in the district in which it would be located, except for the
special permit approved concurrently. With exception for the trash enclosure, the building
addition will comply with all aspects of the Downtown Specific Plan.
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 on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high
level of architectural and site layout quality.
Policy LU 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.
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) 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;
2) Incorporation of landscape and other elements such as planter beds, planters, and window
boxes that visually distinguish the site and structure;
3) Incorporation of arcades, courtyards, and other recesses along the street elevation to
provide visual relief and interest;
4) Use of roofline and height variation to break up the massing and provide visual interest;
and
5) Distinct treatment of building entrances.
The project incorporates a varied roofline, facade articulation with a recessed entry,
decorative architectural details/elements, and bi-fold glass doors. The project provides visual
interest, achieves a high level of architectural and site layout quality, and will enhance the
pedestrian experience in the downtown.
FINDINGS FOR APPROVAL — SPECIAL PERNM NO.99-3:
The granting of a Special Permit in conjunction with Conditional Use Permit No. 99-
21/Coastal Development Permit No. 99-12 for a zero rear yard setback in lieu of minimum
three (3) feet for a trash enclosure will promote a better living environment because the trash
enclosure will minimize the impacts resulting from the visibility of trash and debris in the
alley. The enclosure will prevent the setback from being used for open storage, or illegal
parking.
PC Minutes—1/25/00 28 (OOPCM125)
2. The granting of Special Permits will provide better land planning techniques with maximum
use of aesthetically pleasing types of architecture, landscaping, site layout and design. The
design of the trash enclosure is compatible with the building's architecture and will be
integrated into the rear building elevation.
3. The granting of Special Permits will not be detrimental to the general health, welfare, safety,
and convenience of the neighborhood or City in general, nor detrimental or injurious to the
value of property or improvements of the neighborhood or of the City in general. Based
upon the conditions imposed, the zero setback for the trash enclosure will not impact views
or circulation in the alley.
4. The granting of Special Permits will be consistent with objectives of the Downtown Specific
Plan in achieving a development adapted to the terrain and compatible with the surrounding
environment. The enclosure is compatible with the adjacent building setbacks and will not
obstruct circulation in the alley.
5. The granting of Special Permits will be consistent with the policies of the Coastal Element of
the City's General Plan and the California Coastal Act. They also comply with State and
Federal Law.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-12:
1. Coastal Development Permit No. 99-12 for the development project, as proposed by
conditions of approval, conforms with the General Plan, including the Local Coastal
Program. The project provides a building storefront, public sidewalks, and outdoor dining
that are visually and physically accessible to pedestrians. Furthermore, the outdoor dining
use complies with the eight (8) foot clear corridor provision as required by the Downtown
Specific Plan.
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code except for the special
permit approved concurrently. With exception of the requested Special Permit, the proposed
project will comply with all zoning provisions.
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 exists
to the site.
4. The development conforms with the public access and public recreation policies of Chapter 3
of the California Coastal Act. The proposed restaurant will not impact public access or views
to coastal resources.
PC Minutes—1/25/00 29 (OOPCM125)
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 99-21 WITH A
SPECIAL PERMIT/COASTAL DEVELOPMENT PERMIT NO.99-12:
1. The site plan, floor plans, and elevations received and dated December 9, 1999 shall be the
conceptually approved layout with the following modifications:
a. Elevations shall depict the design, colors, and building materials approved by the
Design Review Board including a minimum of two horizontal rows of the terra cotta
tile treatment on the top of the rear elevation, compatible street tree and grate design
with others on the west side of the street.
b. Final design of the outdoor dining barrier shall be approved by the Planning Director.
(DRB)
c. 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)
d. Allexterior 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)
e. 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.
f. The maximum separation between building wall and property line shall not exceed
two (2) inches.
g. If outdoor lighting is included, energy saving lamps shall be used. All outside
lighting shall be directed to prevent "spillage" onto adjacent properties and shall be
shown on the site plan and elevations.
2. Prior to issuance of demolition permits, the following shall be completed:
a. The applicant shall follow all procedural requirements and regulations of the South Coast
Air Quality Management District (SCAQMD) and any other local, state, or federal law
regarding the removal and disposal of any hazardous material including asbestos, lead,
and PCB's. These requirements include but are not limited to: survey, identification of
removal methods, containment measures, use and treatment of water, proper truck
hauling, disposal procedures, and proper notification to any and all involved agencies.
PC Minutes—1/25/00 30 (OOPCM125)
b. The applicant shall complete all Notification requirements of the South Coast Air Quality
Management District.
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. The property owner shall submit an In -Lieu Parking Fee Participation Agreement to the
Planning Department. The agreement shall be reviewed and approved by the City
Attorney as to form and content and, when approved, shall be recorded in the Office of
the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721)
4. Prior to issuance of building 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 if -the value of the addition exceeds
one third the value of the building. (PW)
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 who to contact for information
regarding this development and any construction/ grading activity. This contact person
shall be available immediately to address any concerns or issues raised by adjacent
property owners during the construction activity. He/she will be responsible for ensuring
compliance with the conditions herein, specifically, grading activities, truck routes,
construction hours, noise, etc.
c. Dedicate 2.50 feet off of the rear of the subject property adjacent to the alley to the City
of Huntington Beach (PW) (Code Requirement):
d. The applicant shall grant an irrevocable offer of dedication of 4.00 feet off Main Street to
the City of Huntington Beach. (PW)
5. During demolition, grading, site development, and/or construction, the following shall be
adhered to:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
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.
PC Minutes—1/25/00 31 (OOPCM125)
f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name
and phone number of a field supervisor to contact for information regarding the
development and any construction/ grading activity.
6. Prior to final building permit inspection and approval and issuance of a Certificate of
Occupancy, the following shall be completed:
a. The existing domestic meter and service serving the site may potentially be utilized for
domestic purposes if it is of adequate size, conforms to current standards, and is in
working condition as determined by the Water Division. If a new service and/or meter is
required, it shall be installed and sized to meet the minimum requirements set by the
Uniform Plumbing Code (UPC), and the meter box shall be replaced. Minimum service
lateral size shall be two (2) inches. (PW)
b. Separate backflow protection shall be installed per the City of Huntington Beach Water
Division Standards for the domestic water service. (PW)
c. If the existing water service is located within the dedicated portion of the alley, it shall be
relocated. (PW)
d. If the value of the addition exceeds one-third (1/3) the value of the building as defined in
the Uniform Building Code (UBC), one-half (1/2) of the alley shall be removed and
replaced as directed by the City Engineer. (PW)
e. A new sewer lateral shall be provided. (PW)
f. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
2) Address numbers will be installed to comply with City Specification No. 428. (FD)
3) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
(FD)
g. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Planning Department.
h. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
i. 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.
j. A copy of the recorded In -Lieu Parking Fee Participation Agreement and proof of full
payment or first installment payment to the City Treasurer shall be submitted to the
Planning Department. (Code Requirement)
PC Minutes—1/25/00 32 (OOPCM125)
1
7. The use 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. Only the uses described in the narrative shall be permitted.
c. No entertainment shall be permitted. A request for entertainment will require approval of
a separate conditional use permit by the City of Huntington Beach.
8. The applicant shall enter into a license agreement and pay all applicable fees with the City of
Huntington Beach prior to using the area for outdoor dining or placing any outdoor dining
features in the public right of way.
9. The outdoor dining use shall comply with the following:
a. Alcohol sales and service on public property shall be prohibited until such time the.
California Coastal Commission approves the amendment to the City's Local Coastal
Program.
b. A minimum eight (8) foot passage area free of obstruction shall be maintained at all times
for pedestrian access.
c. Hours of operation for the outdoor dining area shall be consistent with those of the
restaurant.
d. All features of the outdoor dining (e.g., tables, chairs, barrier) shall be maintained in a
neat and clean manner.
e. All features of the outdoor dining shall be compatible with the exterior color scheme of
the building.
f. The outdoor dining shall be operated in conjunction with the restaurant located at 209
Main Street.
g. No signage shall be permitted on the outdoor dining barrier.
h. There shall be no sales to motorists or persons in vehicles.
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 pursuanLto the HBZSO.
PC Minutes—1/25/00 33 (OOPCM125)
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
1. Conditional Use Permit No. 99-21/Coastal Development Permit No. 99-12 shall not
become effective until the ten working day appeal period has elapsed.
2. Conditional Use Permit No. 99-2 1 /Coastal Development Permit No. 99-12 shall become
null and void unless exercised within one year of the date of final approval or such
extension of time as may be granted by the Director pursuant to a written request submitted
to the Planning Department a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 99-21/
Coastal Development Permit No. 99-12, 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 Division, 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
Exemption at the County of Orange Clerk's Office. The check shall be made out to the
County of Orange and submitted to the Planning Department within two (2) days of the
Planning Commission's action.
8. 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.
9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
10. State -mandated school impact fees shall be paid prior to issuance of building permits.
11. 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.
12. An encroachment permit shall be required for all work within the right-of-way. (PW)
13. A Certificate of Occupancy must be issued by the Planning Department and Building and
Safety Department prior to occupying the building.
C. CONSENT CALENDAR
None
PC Minutes—1/25/00 34 (00PCM125)
1
D. NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
None
E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Kerins — reminded the Commission that if they do not like design aspects
of a project they may refer the project to the Design Review Board.
Commissioner Sneaker — requested staff to respond back regarding the status of the
Bowen Court project.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
None
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Senior Planner — reviewed items for the February 8, 2000 Planning
Commission meeting.
G. ADJOURNMENT —Adjourn to the February 8, 2000 meeting.
A MOTION WAS MADE BY SPEAKER, SECONDED BY LIVENGOOD, TO ADJOURN
TO A5:00 PM STUDY SESSION ON FEBRUARY 8, 2000, AND THEN TO
REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY
THE FOLLOWING VOTE:
AYES: Kerins, Chapman, Biddle, Livengood, Speaker
NOES: None
ABSENT: Laird, Mandic
ABSTAIN: None
MOTION PASSED
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APPR VED BY:
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PC Minutes—1/25/00 35 (OOPCM125)