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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. 1 PC Minutes—1/25/00 6 (OOPCM125) I] 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) 1 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) 1 PC Minutes—1/25/00 10 (OOPCM125) Ip 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. PC Minutes—1/25/00 12 (OOPCM125) 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. PC Minutes—1/25/00 14 (OOPCM125) 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. PC Minutes—1/25/00 15 (OOPCM125) 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) PC Minutes—1/25/00 16 (OOPCM125) I. 1 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. PC Minutes—1/25/00 17 (OOPCM125) 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. PC Minutes—1/25/00 18 (OOPCM125) 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) PC Minutes—1/25/00 19 (OOPCM125) 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. PC Minutes—1/25/00 20 (OOPCM125) 1 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. PC Minutes—1/25/00 21 (OOPCM125) 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. E PC Minutes—1/25/00 22 (OOPCM125) 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. PC Minutes—1/25/00 23 (OOPCM125) 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. PC Minutes—1/25/00 24 (OOPCM125) 1 F 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 PC Minutes—1/25/00 25 (OOPCM125) 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. PC Minutes—1/25/00 26 (OOPCM125) 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 /kjl APPR VED BY: /"--, - �y wlz Howard Zelefs ecretary ' P, fa&fingto stop C fi airperson PC Minutes—1/25/00 35 (OOPCM125)