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HomeMy WebLinkAbout2000-03-28MINUTES 1 HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 28, 2000 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:15 PM (Room B-8) CUP # 99-63/CDP #99-13/VAR #99-11 (HASSAN 3RD STORY) - Jane James MEADOWLARK DEVELOPMENT AGREEMENT —Amy Wolfe ZONING TEXT AMENDMENT NO.99-4 (PARK & RECREATION FEES) — Wayne Carvalho AGENDA REVIEW — Herb Fauland PUBLIC COMMENTS —None REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to spear 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 ZONING TEXT AMENDMENT NO.99-4 (PARK AND RECREATION FEES (CONTINUED FROM THE MARCH 28, 2000 MEETING): APPLICANT: City of Huntington Beach LOCATION: Citywide PROJECT PLANNER: Wayne Carvalho Zoning Text Amendment No. 99-4 - Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the method to calculate park in -lieu fees for residential development. • Continued Item - Planning Commission meeting on March 14, 2000. - Staff to forward information on park and recreation fees from other cities. Planning Commission Subcommittee meeting on February 28, 2000. Recommendation: - Amend ordinance to reflect a fixed fee of 60% of the citywide average valuation of parkland per acre into the existing formula. Sixty percent of 866,600 per acre is 520,000 per acre. - Recommend the City Council complete a study on total costs for park acquisition, development, and rehabilitation in the City based upon residential development build out, as well as identify appropriate funding methods. STAFF RECOMMENDATION: • Recommendation- Approve Stafff s Recommendation based upon: - Goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. The Commission discussed a letter received from Mr. William Vogt dated February 16, 2000 alleging that the City has illegally been collecting fees for homes built on existing subdivision tracts in the downtown area. Staff explained that this issue was previously addressed by the City Attorney's office in 1993. A similar inquiry was received from Mr. Vogt challenging the City's exaction of the park in -lieu fee upon issuance of building permits for new residential units in the downtown area. The legal opinion received by the City Attorney concluded that the Government Code (State Law) does not prohibit the city from imposing a parks and recreation dedication requirement (land or in -lieu fee) as a building permit condition. Therefore, it is the City's position that park in -lieu fees for new homes in the downtown/townlot area have been lawfully collected. THE PUBLIC HEARING WAS OPENED. Mike Adams, 19771 Sea Canyon, -representing developers, stated that in the interim, the ordinance reflecting a fixed fee of 60% of the citywide average valuation of parkland per acre should be approved. Mr. Adams also stated that the city should decide how they would spend the fees collected from projects to implement the General Plan goals. This will ensure the city will have enough money to do what is proposed. Bill Vogt, 19432 Pompano Lane, stated that the downtown lots should be exempt from the in - lieu fee. He believes this is true based on his letter dated February 16, 2000 distributed to the Planning Commission. Lynne Fishel, 9 Executive Circle, Irvine, representing BIA, spoke in opposition to the proposed "appraisal update" of the city's local park in -lieu fee. She stated that the fees should reflect the emphasis in the city's General Plan. The plan is to rehabilitate existing park sites not acquire new park sites. The BIA believes a nexus study should be done to validate the fees and identify' how fees will be used. The high fees discourage the ability to provide affordable housing within a.. the city. PC Minutes — 3/28/00 2 (00p=328) Robert Corona, 324 15"' Street, stated that the proposed park in -lieu fee is excessive. He noted that there is no land in the downtown area to build new park(s) and very few existing parks. Because of this, the fee is not appropriate for this area: He stated the doubling the existing fee would be acceptable, but would continue to pose a hardship in some cases. Dick Harlow, 211 Main Street, stated that he supports the subcommittee's recommendation but encouraged a study to determine where the funds would be needed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Planning Commission reviewed the countywide survey and discussed the Ordinance as recommended by the Planning Commission subcommittee with a modification to 50% instead of 60% of the citywide average. The fee increase would be implemented in two phases. The second phase would be implemented following a comprehensive study of costs associated with build out of the master plan of park improvements. Implementation of the first phase will allow staff the opportunity to complete a study on costs for park acquisition, development, and rehabilitation. The Commission noted that the study should be completed within a year, and that the recommended ordinance be considered an interim ordinance until the findings of the study are reviewed by Council, and appropriate changes are made for the calculation of park fees. The Commission recommends the modified language finding that the 50% value more closely represents average land costs, and that the reduced value deducts costs associated with off -site improvements. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO.99-4 AS RECOMMENDED BY THE SUBCOMAM`TEE AS MODIFIED (50% OF THE CITY WIDE AVERAGE VALUATION OF PARKLAND PER ACRE) WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Livengood, Speaker NOES: Kerins, Mandic, Chapman, Biddle ABSENT: None ABSTAIN: None MOTION FAILED AN AMENDMENT TO THE MAIN MOTION WAS MADE BY ]KERINS, SECONDED BY CHAPMAN TO AMEND THE MODIFICATION TO 60% OF THE CITY WIDE AVERAGE VALUATION OF PARKLAND PER ACRE, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman NOES: Shomaker, Mandic, Biddle, Livengood, Speaker ABSENT: None ABSTAIN: None MOTION FAILED PC Minutes — 3/28/00 3 (00p=328) A MOTION WAS MADE BY MANDIC, SECONDED BY BIDDLE, TO APPROVE ZONING TEXT AMENDMENT NO.99-4 AS RECOMMENDED BY THE SUBMITTEE AS MDOFIED (DESIGNATE DOWNTOWN AREA ONLY AS 40% OF THE CITY WIDE AVERAGE VALUATION OF PARKLAND PER ACRE AND THE REMAINDER OF THE CITY 60%) WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mandic, Biddle NOES: Kerins, Chapman, Livegnood, Speaker ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY ]KERINS, SECONDED BY CHAPMAN, TO APPROVE ZONING TEXT AMENDMENT 99-4 AS RECOMMENDED BY STAFF AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman NOES: Shomaker, Mandic, Biddle, Livengood, Speaker ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO.99-4 AS RECOMMENDED BY THE SUBCOMMITTEE AS MODIFIED (50% OF THE CITY WIDE AVERAGE VALUATION OF PARKLAND PER ACRE) WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mandic, Livengood, Speaker NOES: Kerins, Chapman, Biddle ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.99-4: Zoning Text Amendment No. 994 amending Chapter 254.08 H of the Huntington Beach Zoning and Subdivision Ordinance addressing methods to calculate required park land in -lieu fees for residential development is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will allow the City to collect fees necessary to acquire, improve, and rehabilitate park and recreation facilities throughout the City. 1 PC Minutes — 3/28/00 4 (00p=328) 2. The change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The revised ordinance applies to residential development and the method to calculate the required parkland in -lieu fees for residential development. The amendment will be consistent with other provisions in the Zoning and Subdivision Ordinance. 3. A community need is demonstrated for the change proposed. The current land value for park sites has been under assessed and not analyzed since 1990. The new method will ensure that current land values are utilized when calculating parkland in -lieu fees. 4. The adoption will be in conformity with public convenience, general welfare and good zoning practice. The revised ordinance will result in the City's ability to provide sufficient recreational opportunities for its residents and visitors. B-2 DEVELOPMENT AGREEMENT NO 88-1R (MEADOWLARK DEVELOPMENT AGREEMENT): APPLICANT: John P. Erskine, Esq. LOCATION: Meadowlark Specific Plan Area (approximately 600 feet east and north of the Bolsa Chica Avenue intersection, south of Heil Avenue) PROJECT PLANNER: Amy Wolfe • Amended and Restated Development Agreement No. 88-1(R) request: - Substitute parties to Meadowlark Development Agreement Extend the term of the Agreement for an additional 3 year period - Update property description and revise referenced exhibits and dates to reflect previously approved amendments to Meadowlark Specific Plan ( ZTA No. 97-4, ZMA No. 97-1, ND No. 97-21) and approvals for the Meadowlark planned residential development (CUP No. 97-80, TTM No. 15469) • The applicant's request to amend the Meadowlark Development Agreement is based on the following: - Development Agreements are typically drafted for 15-year terms. The Meadowlark Development Agreement term was 10 years. - A three (3) year extension would allow time for the implementation of the Meadowlark planned residential development in accordance with approvals previously granted by the City in 1999, and will allow for market absorption of the project while the Development Agreement is in effect. STAFF'S RECOMNMNDATION: • Approve Development Agreement No. 88-1(R) based upon the following: The proposed amendment to the Development Agreement will be consistent with the General Plan. The Development Agreement will be modified to include references to the General Plan and revised Meadowlark Specific Plan. PC Minutes — 3/28/00 5 (OOpcm328) THE PUBLIC HEARING WAS OPENED. Ralph Ricks, 5362 Old Pirate, stated concerns regarding the possible structural damage to existing homes due to construction and that the construction company is working outside their conditions of approval for hours of operation. Sally Graham, stated concerns with non-compliance with conditions of approval during the construction of the site. She stated that the problems include stockpiling dirt, delaying traffic, and working outside their hours of operation. Bruce D'Eliscu, 4000 Westerly, Newport Beach, representing applicant, addressed the concerns of the previous speakers. He stated that he is aware the construction company has been working outside their hours of operation, and they have installed a security gate that will not open until 7:00 AM to prohibit construction from beginning. He stated that the project is big and some problems will arise, but they are working to maintain any construction problems that may incur. Commissioner Chapman asked the applicant if the city allows them an extension of time, what would the city gain? John Erskine, representing applicant, stated that this would allow the city to remove from the development agreement the restriction of paying city development fees. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Some Commission members were opposed to the extension due to the applicant letting the agreement expire, the city's loss of land, parks and reduced street widths because of the project and the small front yard and rear yard setbacks are inconsistent with the General Plan. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO ADOPT RESOLUTION NO.1551 BY RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT NO.88-1(R) WITH FINDINGS AND FORWARD WO THE CITY COUNCIL AS MODIFIED BY STAFF AND THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mandic, Livengood, Speaker NOES: Kerins, Chapman, Biddle ABSENT: None ABSTAIN: None MOTION PASSED 1 �I PC Minutes — 3/28/00 6 (00p=328) 1 FINDINGS FOR APPROVAL - DEVELOPMENT AGREEMENT NO.88-1(R): Development Agreement No. 88-1(R) is consistent with the General Plan and the Meadowlark Specific Plan. The Development Agreement has been- updated to reference and ensure compliance with the Meadowlark Specific Plan and with the requirements of the Mixed Use - Specific Plan Overlay (M-sp) land use district. The Amended and Restated Development Agreement is consistent with Land Use Element goals, objectives and policies of the City's General Plan as follows: LUGoal2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. LUPolicy2.1.2: Require that the type, amount, and location of development be correlated with the provision of adequate infrastructure and services (as defined in the Circulation and Public Utilities and Service Elements). LUGoal4.: Achieve and maintain high quality architecture, landscape and public open spaces in the City. LUObjective 4.1: Promote the development of residential, commercial, industrial and public buildings and sites that convey a high quality visual image and character. LUGoaI 9.: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. LU Objective 9.3: Provide for the development of new residential subdivisions and project that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood and identity. The Specific Plan includes product development provisions and design requirements to ensure high quality development and compatibility with existing development. In addition, the Specific Plan includes language for adequate infrastructure inclusive of drainage, sewer and water facilities as well as traffic control devices (i.e. traffic signals) and park dedication. Affordable housing provisions would also become a part of the development agreement by reference to the Meadowlark Specific Plan. B-3 ZONING MAP AMENDMENT NO.99-2/ZONING TEXT AMENDMENT NO.00- 1/ LOCAL COASTAL PROGRAM AMENDMENT NO.00-1/TENTATIVE TRACT MAP NO. 15690/CONDPTIONAL USE PERNIIT NO.99-14/NEGATIVE DECLARATION NO.99-18 (PLC 10 UNIT SUBDIVISION): APPLICANT: PLC Land Company, c/o Bill Holman LOCATION: West side of Edwards Street, approximately 150 feet south of Ellis Avenue (north of Fire Station) PROJECT PLANNER: Wayne Carvalho PC Minutes — 3/28/00 7 (00pcm328) Annexation - Annex approximately 2.7 net acres of vacant property into the City of Huntington Beach. ♦ Zoning Map Amendment No. 99-2 - Establish Residential Low Density (Holly Seacliff Specific Plan RL-1) zoning on the property. ♦ Zoning Text Amendment No. 00-1 - Amend the Holly Seacliff Specific Plan by incorporating the subject property. • Local Coastal Program Amendment No. 00-1 - To reflect the changes made to the Holly Seacliff Specific Plan and zoning map pursuant to Zoning Text Amendment No. 00-1 and Zoning Map Amendment No 99-2. • Tentative Tract Map No. 15690 - Subdivide approximately 2.7 net acres for development of 10 single-family residences. • Conditional Use Permit No. 99-14 Develop lot with greater than a three (3) foot grade differential between the high and low points. STAFF'S RECOMMENDATION: Recommend approval of the annexation, and approve Negative Declaration No. 99-18, Local Coastal Program Amendment No. 00-1, Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 based upon the following: = The proposed zoning designation, and amendments to the Holly Seacliff Specific Plan and Local Coastal Program are compatible with surrounding zoning designations and uses. Deny Tentative Tract Map No. 15690, Conditional Use Permit No. 99-14 based upon the following: - Grading will not be compatible with the grades of the adjacent Weider Regional Park. - Proposed subdivision as submitted by the applicant will be inconsistent with grading goals and regulations set forth in the General Plan. • Staffs Suggested Modifications: Tentative Tract Map No. 15690, Conditional Use Permit No. 99-14 - Grading and proposed fill along the west end of tract be reduced to be in keeping with the existing contour of the area including the Weider Regional Park. THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza Drive #290, Newport Beach, representing applicant, requested approval of the subdivision application and related environmental and zoning documents. The applicant believes that the design of the ten (10)-lot subdivision is fiscally superior to the staff recommended alternative for eight (8) lots and will result in a better long-term relationship between the tract and the adjacent proposed park site. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 3/28/00 8 (00p=328) A MOTION WAS MADE BY ]KERINS, SECONDED BY MANDIC, TO APPROVE NEGATIVE DECLARATION NO.99-18 WITH FINDINGS AND MITIGATION MEASURES, LOCAL COASTAL PROGRAM AMENDMENT NO.00-1, ZONING MAP AMENDMENT NO.99-2 AND ZONING TEXT AMENDMENT NO.00-1 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION AND DENY TENTATIVE TRACT MAP NO. 15690, CONDITIONAL USE PERMIT NO.99-14 WITH FINDINGS FOR DENIAL, AS RECOMMENDED BY STAFF AND MODIFIED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Kerins, Mandic, Chapman NOES: Shomaker, Biddle, Livengood, Speaker ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE NEGATIVE DECLARATION NO.99-18 WITH FINDINGS AND MITIGATION MEASURES, LOCAL COASTAL PROGRAM AMENDMENT NO.00-1, ZONING MAP AMENDMENT NO.99-2 AND ZONING TEXT AMENDMENT NO.00-1 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION AND APPROVE TENTATIVE TRACT MAP NO.15690, CONDITIONAL USE PERMIT NO. 99-14 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, AS RECOMMENDED BY STAFF, BY.THE FOLLOWING VOTE: AYES: Shomaker, Livengood, Speaker NOES: Kerins, Mandic, Chapman, Biddle ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY CHAPMAN, SECONDED BY SHOMAKER, TO APPROVE NEGATIVE DECLARATION NO.99-18 WITH FINDINGS AND MITIGATION MEASURES, LOCAL COASTAL PROGRAM AMENDMENT NO.00-1, ZONING MAP AMENDMENT NO.99-2 AND ZONING TEXT AMENDMENT NO.00-1 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Chapman, Livengood, Speaker NOES: Mandic, Biddle ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 3/28/00 9 (00p=328) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE TENTATIVE TRACT MAP NO. 15690, CONDITIONAL USE PERMIT NO. 99-14 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Shomaker, Livengood, Speaker NOES: Kerins, Mandic, Chapman, Biddle ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO DENY TENTATIVE TRACT MAP NO. 15690, CONDITIONAL USE PERMIT NO.99-14 WITH FINDINGS FOR DENIAL, AS RECOMMENDED BY STAFF BY THE FOLLOWING VOTE: AYES: Kerins, Mandic, Chapman, Biddle, Speaker NOES: Shomaker, Livengood ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.99-18: The Negative Declaration No. 99-18 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period were considered by the Planning Commission prior to action on the Negative Declaration, Zoning Text Amendment No. 00-1, Zoning Map Amendment No. 99-2, Tentative Tract Map No. 15690, and Conditional Use Permit No. 99-14. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated through the conditions of approval for Zoning Text Amendment No. 00-1, Zoning Map Amendment No. 99-2, Tentative Tract Map No. 15690, and Conditional Use Permit No. 99-14 will have a significant effect on the environment. FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM AMENDMENT NO.00-1: 1. The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to modify the boundary of the Holly Seacliff Specific Plan to incorporate the subject property and to establish the RL-1 zoning designation is consistent with the designation for Estate Residential cited in the 1990 Holly Seacliff Specific Plan General Plan Amendment. PC Minutes — 3/28/00 10 (00p=328) 1 2. The proposed change to the Local Coastal Program is in accordance with the policies, standards, and provisions of the Coastal Element that encourages a mix of housing opportunities that vary in price and type. The proposed land use will provide for future upscale residential opportunities. 3. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not interfere with public access opportunities provided along the Weider Regional Park, and will not impact public views. FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO.99-2/ ZONING TEXT AMENDMENT NO. 00-1: 1. Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 to establish a zoning designation of Holly Seacliff Specific Plan (RL-1) on a 2.7 acre parcel, and to incorporate the subject property into the Holly Seacliff Specific Plan is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The proposed zoning will be compatible with the adjacent estate residential zoning designations of the Holly Seacliff and Ellis Goldenwest Specific Plans. 2. In the case of a general land use provision, the zoning map and text amendment are compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The proposed zoning will allow estate residential uses consistent with the existing land uses in the area. 3. A community need is demonstrated for the change proposed. The new zoning will allow for new single family residential development. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed zoning will not result in isolated or spot zoning, and will be consistent with the existing Estate Residential General Plan designation. The Holly Seacliff Specific Plan RL-1 allows up to four units per gross acre which is consistent with the Estate Residential General Plan designation. FINDINGS FOR DENIAL - TENTATIVE TRACT MAP NO.15690: Tentative Tract Map No. 15690 for the grading and subdivision of 2.7 net acres for 10 single family residences is not consistent with goals and policies of the General Plan. The proposed lot configuration requires grading, including approximately 12,500 cubic yards of import soil, which is not compatible with the existing topography of the surrounding area. The proposed tract will be up to 13 feet higher than the grade of the Weider Regional Park to the west. 2. The site is not physically suitable for the type and density of development without substantially altering the natural topography of the site. The site will require to be raised approximately 13 feet on the west end of the tract in order to accommodate development of two additional units at the end of the cul-de-sac. The modification to the existing variation in grade is not in keeping with the goals and policies of General Plan which encourages development within existing neighborhoods to be compatible with existing structures, including the use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development. PC Minutes — 3/28/00 11 (00pcm328) FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.99-14: 1. Conditional Use Permit No. 99-14 for the development of a 10 unit single family residential subdivision on a site with greater than a three foot differential between the high and low points may 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 import of approximately 12,500 cubic yards of soil to the site will substantially impact the aesthetic appearance of the area to and from the site, which may adversely impact the value of properties in the area. The property can be developed with less impact to the existing topography. 2. The proposed subdivision is not consistent with the goals and policies of the General Plan which encourages preserving the natural topography. The proposed soil import and grading of the site will not be compatible with the adjacent topography of the Weider Regional Park. B-4 COASTAL DEVELOPMENT PERMIT NO.99-28/SPECIAL PERMIT NO.00-1 (SOUTH BEACH EMYROVEMENTS PHASE I): APPLICANT: City of Huntington Beach, Community Services Department LOCATION: Oceanside of Pacific Coast Highway, between Beach Boulevard and Huntington Street (South Beach) PROJECT PLANNER: Wayne Carvalho Coastal Development Permit No. 99-28 - reconstruction of the beach parking lot - reconstruction of bicycle and pedestrian path - reconstruction of landscaping and plaza improvements - improvements to pedestrian and disabled access - construction of a 2,500 square foot concession building (Waterfront design) - construction of two, 1,000 square foot restroom buildings - compact parking stalls along Pacific Coast Highway • Special Permit No. 00-1 - Eight foot wide landscape planter along PCH in lieu of minimum 10 feet. - Clustering of palm trees in lieu of providing one tree every ten stalls throughout parking lot. STAFF RECOMMENDATION: Approve Coastal Development Permit No. 99-28 with special permits based upon the following: = Local Coastal Program promotes enhancement of recreational opportunities and improved beach facilities. Compliance with the Downtown Specific Plan District 11. Architectural compatibility with the newly designed restroom buildings Added public art components in plazas Reduced street side planter width results in more efficient use of parking lot Clustering of landscaping reduces costs, and allows special events use of parking lot PC Minutes — 3/28/00 12 (00p=328) THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY ]KERINS, SECONDED BY SHOMAKER, TO APPROVE COASTAL DEVELOPMENT PERMIT NO.99-28 WITH SPECIAL PERMITS WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None 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, Class 1 of the CEQA Guidelines, because the proposed improvements involve repairs and minor alterations to existing facilities, including the replacement of the concession and restroom buildings. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-28: 1. Coastal Development Permit No. 99-28 for improvements to the Huntington Beach City Beach "South Beach Phase I" which include reconstruction or resurfacing of the existing beach parking lot, improvements to landscaping, bicycle and pedestrian paths, plazas, and the construction of one new 2,500 sq. ft. concession building and two, 1,000 square foot restroom buildings, conforms with the General Plan, including the Local Coastal Program. The project will provide improved access to the beach and recreational facilities, and will not impacting coastal views. 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 any special permits approved concurrently. With the exception of the reduced landscape requirements, the proposed project will comply with all applicable zoning standards. 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. The proposed improvements will consist of providing all necessary utilities and services to the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will improve access to coastal resources and will enhance coastal views from PCH and surrounding properties. FINDINGS FOR APPROVAL — SPECIAL PERMIT NO.00-1: 1. The granting of Special Permits (pursuant to Section 4.1.02 of the DTSP) in conjunction with Coastal Development Permit No. 99-28 is for the following: PC Minutes — 3/28/00 13 (00p=328) a. Six foot wide landscape planter along P.C.H. in lieu of minimum 10 ft. b. Deviation from the requirement of one, 24-inch box tree for every 10 parking spaces throughout the parking area. The project is designed with the clustering trees within the parking areas, plazas, and entry points to the beach. The overall number of trees will be provided within the project area. These Special Permits result in a greater benefit to the project by promoting a better living environment due to the clustering of trees which will minimize maintenance costs, and allow the parking lot to be utilized for Community Services special events without obstructions of raised planters or trees. The. elimination of raised planters and trees throughout the parking lot will improve visitor access from the parking lot to the beach, especially when carrying equipment between parked vehicles. Furthermore, the six foot wide landscape planter allows for the design of minimum drive aisle widths which provide sufficient access and maneuvering to the beach parking facilities. 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 clustering of the palm trees will allow use of the parking lot for special events operated by the Community Services Department without obstructions of raised planters or trees. 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 project site will be provided with the required landscaping and tree count. The clustering of the trees will not impact surrounding properties. 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 deviation to landscaping requirements will not impact the topography of the parking lot, and will not impact the surrounding properties. 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. The reduced landscaping requirement will improve coastal access and views to the beach by clustering palm trees and increasing drive aisle widths for beach and disabled parking. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.99-28: 1: The site plan, floor plans, and elevations received and dated February 23, 2000 shall be the conceptually approved layout with the following modifications: a. The Design Review Board shall review and approve final design of the following components: 1. Pavers adjacent to the overpass and along the pedestrian pathway between the overpass and beach. PC Minutes — 3/28/00 14 (OOpcm328) 1 1 2. Art elements. 3. All signage. 4. The concession building, including alternative base materials (e.g. slate), and tower elements. • _ - - - - b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 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. 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 pernut(s). (Code Requirement) e. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to 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 Design Review Board shall review and approve the following: 1. Pavers adjacent to the overpass and along the pedestrian pathway between the overpass and beach. 2. Art elements. 3. All signage. 4. The concession building, including alternative base materials (e.g. slate), and tower elements. c. Fire hydrants shall be depicted on the plans. (FD) d. Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) e. Address numbers shall be installed to comply with City Specification 428. (FD) PC Minutes — 3/28/00 15 (OOpcm328) f. Knox boxes shall be installed on each building for emergency entry. (FD) g. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification No. 424. (FD) h. The applicant shall consider the use of Skatestoppers (nylon disk used to interrupt the smooth skating surfaces) on retaining walls, and railings. (PD) 3. Prior to issuance of building permits, the following shall be completed: a. Submit a letter of map revision from FEMA declaring the lot(s) exempt from floodplain requirements or submit a copy of completed FEMA Elevation Certificate(s) to the Planning Department for inclusion in the entitlement file. 4. 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. 5. Prior to final building permit inspection and approval, the following shall be completed: a. The proposed concessions shall have a new separate domestic water service and meter shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code. The service lateral shall be a minimum of 2-inches in size. All other existing water service serving the site may potentially be utilized if it is of adequate size as set by the Uniform Plumbing Code, conforms to current standards, and is in working condition as determined by the Water Division. (PW) b. Separate backflow protection shall be installed for all proposed concessions, per Water Division standards for the water service. (PW) c. Specify reflectorized bollards around elevator and pedestrian bridge. (PW) d. The condition of the existing sewer laterals shall be verified and replaced if found to be deteriorated or in poor condition as determined by the Public Works Department. (PW) PC Minutes — 3/28/00 16 (00p=328) J e. The parking lot lighting shall be designed with two intensities: 1) normal operation level use and 2) shut down to low security level lighting when closed for remainder of night. (PW) f. NPDES — Obtain SWQP and install BMP's — Grate/Fossil Filters. (PW) g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. h. 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. i. If the lots are not considered exempt by FEMA, a second elevation certificate shall be submitted to the Planning Department for each structure "as built." 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 99-28 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 99-28 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 Coastal Development Permit No. 99-28, 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. PC Minutes — 3/28100 17 (00p=328) 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 9. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the buildings. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO.99-4 BEACH BOULEVARD UNDERGROUND UTILITIES DISTRICT): APPLICANT: City of Huntington Beach, Public Works Department LOCATION: Beach Boulevard (between Yorktown Avenue and Pacific Coast Highway PROJECT PLANNER: Wendy Nowak ♦ General Plan Conformance No. 99-4 - Evaluate the establishment of an Underground Utility District for consistency with the General plan prior to City Council action on the district. - Removal of utility poles and overhead wires along the east side of Beach Boulevard from Yorktown Avenue to Pacific Coast Highway. STAFF RECOMMENDATION: • Approve General Plan Conformance No. 99-4 based upon the following: - Facilitates removal of utility poles and overhead wires. - Improves the safety and appearance of Beach Boulevard. - Consistency with the Land Use, Coastal, Utilities, and Urban Design Elements of the General Plan. A MOTION WAS MADE BY SPEAKER, SECONDED BY CHAPMAN, TO APPROVE GENERAL PLAN CONFORMANCE NO.99-4 WITH FINDINGS BY ADOPTION OF RESOLUTION NO. 1549 AND FORWARD TO THE CITY COUNCIL BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 3/28/00 18 (OOpcm328) FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The review of the proposed Underground Utility District (for Beach Boulevard from Yorktown Avenue to Pacific Coast Highway) for consistency with the General Plan does not constitute a project under the California Environmental Quality Act (CEQA) and therefore, is not subject to CEQA review. FINDINGS FOR APPROVAL — GENERAL PLAN CONFORMANCE NO.99-4: 1. The establishment of the Underground Utility District is consistent with the goals and policies of the Huntington Beach General Plan because it will allow the undergrounding of Southern California Edison power poles along Beach Boulevard which will enhance the visual appearance of Beach Boulevard. 2. The proposed Underground Utility District will provide a utility system that is able to support the permitted land uses and will improve safety for vehicular traffic on Beach Boulevard by relocating above ground utilities underground. 3. The establishment of the Underground Utility District is part of public infrastructure and service improvements necessary to implement the goals and policies as defined in the Public Utilities and Urban Design Elements of the General Plan. 4. The proposed Underground Utility District furthers the goals and objectives of the General Plan because it promotes the coordination efforts between the City of Huntington Beach and utility companies to underground overhead utilities where possible. 5. The City of Huntington Beach Planning Commission does hereby resolve that the establishment of an Underground Utility District (Beach Boulevard between Yorktown Avenue and Pacific Coast Highway) is in conformance with the General Plan. C-2 PLANNING COMMISSION MINUTES DATED MARCH 14, 2000 A MOTION WAS MADE BY KERINS, SECONDED BY SHOMAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 14, 2000 AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: -None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE PC Minutes — 3/28/00 19 (00p=328) E. PLANNING COMMISSION ITEMS/INOUMNS E-1 PLANNING COMMISSION SUBCOMMPTTEE REPORTS NONE E-2 PLANNING COMMISSION INOUIIMS/COMMENTS Commissioner Shomaker — requested staff to investigate the condition of the skate park on Main Street. She stated that there is excessive trash and graffiti. Staff stated that they would forward her concerns to the Community Services Department/Park Maintenance. Commissioner Kerins — requested staff to report back on the public speakers concern that reports to the Police Department regarding code infractions are not being forwarded to Code Enforcement staff. Commissioner Kerins asked the Commission if they would be in favor of drafting a letter to the Mayor and City Council members to request that they encourage more proactive code enforcement city-wide. Commissioner Mandic — asked staff if they could comment on the fire at the Northam House. Staff stated they would report back. Commissioner Chapman — requested staff to report back on the wildlife animal center's compliance with landscape requirements. Requested a status report on the Holly Seacliff School landscape maintenance. Commissioner Biddle — stated that it was rumored that the park area on Promenade and Gothard was to toxic to clean up and would probable never be useable. Commissioner Speaker stated that he was on the City Council Park Subcommittee and explained that although the area was dirty, it was currently under review and complete clean up of the site was expected at some point in time. Commissioner Livengood — requested that the affirmative votes on the Park and Recreation Fees (Item B-1) be prepared to report to the City Council when the item is forwarded for their approval. Requested that staff forward the Planning Commission discussion regarding the conditions of approval for Conditional Use Permit No. 99-14 in the staff report for the City Council hearing. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess Principal Planner — restated actions taken at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Senior Planner —reviewed items for the April 11, 2000 Planning Commission meeting. PC Minutes — 3/28/00 20 (OOp=328) G. ADJOURNMENT — Adjourn to the April 11, 2000 Planning Commission meeting. A MOTION WAS MADE BY SPEAKER, SECONDED BY CHAPMAN, TO ADJOURN TO A 5:15 PM STUDY SESSION ON APRIL 11, 2000, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED MOTION PASSED /kjl APPROVED BY: Howard Zelefsky, Secretary Planning Commission Chairperson PC Minutes — 3/28/00 21 (00p=328)