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HomeMy WebLinkAbout2000-06-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 13, 2000 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:30 PM (Room B-8) DESIGN GUIDELINES —Amy Wolfe DOWNTOWN PARKING MASTER PLAN (ANNUAL REVIEW)— 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 After receiving lengthy correspondence from attorney's representing Montgomery Ward and Burlington Coat Factory in reference to Item B-3 the Commission discussed moving that item forward and continuing to allow time to review the correspondence. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO DISCUSS ITEM B-3 PRIOR TO CONTINUING, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER TO CONTINUE ITEM B-3 TO THE JUNE 27, 2000 PLANNING COMMISSION MEETING WITH PUBLIC HEARING CONTINUED OPEN, BY THE FOLLOWING VOTE: AYES: Shomaker, Mandic, Chapman, Biddle, Livengood, Speaker NOES: Kerins ABSENT: None ABSTAIN: None MOTION PASSED Anyone wishing to speak must fill out and submit a form to speak.' Ara action ca.n be taken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tanight'sagendaonon non public hearing items may do so during ORAL COMMUNICATIONS- Speakers on items scheduled for PUBLIC REAR1NOwill be invited_ to sneak during the'public heuriirg. {d MINUTES PER PERSON; NO DONATING OF TIME TO OTHERS) A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CITY-WIDE URBAN DESIGN GUIDELINES (CONTINUED FROM THE MAY 23, 2000 MEETING WITH PUBLIC HEARING OPEN): APPLICANT: City of Huntington Beach, Department of Planning. LOCATION: City-wide PROJECT - PLANNER: Amy Wolfe On May 23, 2000 the Planning Commission initiated the public hearing process for the Urban Design Guidelines. The Planning Commission opened the public hearing, considered the first three chapters (Chapter 1 - User Guide to the Urban Design Guidelines Manual, Chapter 2 - Single -Family Detached Residential, Chapter 3 - Multi -Family Residential), took straw votes on design issues and continued the hearing to the June 13, 2000 meeting. It is anticipated that on June 13, 2000 the Planning Commission will complete the review of the following four additional chapters which cover General Commercial, Downtown/Main Street Commercial, Special Consideration Commercial and Industrial guidelines. Staffs Recommendation: Review and approve Chapters 4-7 of the Draft Urban Design Guidelines based upon the following: - Implement goals, objectives and policies of the General Plan for the orderly development of the City; - Enhance the City's unique identity and character and contribute to a positive City image; - Stimulate investment and strengthen the economic vitality of the City; - Contribute to a positive physical image and identity of the City; - Maintain and protect the value of property; - Maintain a high quality of life by encouraging initiative or innovation in design. THE PUBLIC HEARING WAS OPENED. Mike Adams, Consultant, stated the guidelines will be beneficial to the community, however, the document should be viewed as a set of guidelines, not regulations. Dick Harlow, Consultant, 211 B Main Street, stated concern regarding the landscape and setback requirements. He stated that the guidelines should remain flexible and a committee be developed to interpret the guidelines in cases where the developer and staff reach an impasse. PC Minutes — 6/13/00 2 (00PCM613) 1 THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN TO THE JUNE 27, 2000 MEETING. The Commission took straw votes on Chapters 4-7 of the Draft Urban Design Guidelines. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE THE STRAW VOTES ON CHAPTERS FOUR THROUGH SEVEN OF THE DRAFT URBAN DESIGN GUIDELINES AND CONTINUE THE PUBLIC HEARING OPEN TO THE JUNE 27, 2000 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 ENTITLEMENT PLAN AMENDMENT NO.00-2 (AHDOUT CAR SALES/REPAIR): APPLICANT: Saeed Ahdout. LOCATION: 17222 Beach Boulevard (east side of Beach Boulevard between Baylock Drive and Holland Drive) PROJECT PLANNER: Amy Wolfe • Entitlement Plan Amendment No. 00-02 request: Allow limited vehicle equipment repair in conjunction with a previously approved conditional use permit (CUP No. 96-102) for used car sales. • Project Issues: The proposed limited car repair will result in additional noise impacts to adjacent properties, however, the anticipated noise levels will be in compliance with the City's noise ordinance for interior and exterior noise levels. Installation of an air compressor within the parking area will not impact circulation patterns or required parking. Adequate parking will be provided on site in accordance with HBZSO requirements. PC Minutes — 6/13/00 (OOPCM613) Staffs Recommendation: Approve Entitlement Plan Amendment No. 00-02 based upon the following: - The proposed use is consistent with the Land Use Element designation of General Commercial applicable on the subject property. - The proposed incidental vehicle repair 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. Minor vehicle equipment repair will be performed on a limited basis and only when associated with on site used car sales. - The subject use will be compatible with adjacent land uses because the noise levels generated by activities associated with minor vehicle equipment repair will be in compliance with Huntington Beach noise standards. THE PUBLIC HEARING WAS OPENED. Cornelia Rasco, 17211 Granada Lane, stated that the existing property separation wall is not an adequate barrier between a car repair facility and a residence. Ms. Rasco stated that a car sales and repair facility is a big change from the historical use of residential and mitigation measures should be taken to reduce the noise levels to adjacent residential uses. Saeed Ahdout, 17752 Skypark Circle, Suite 260, Irvine, applicant, stated that the proposed project site has been an eye sore for many years. He stated that the repairs made at the proposed business will be minor and they have addressed the noise issues in order to be good neighbors. He stated that approval of the request would benefit the city. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the placement of the air compressor, having no repair on Sunday, a six (6) month review and considering a revocation hearing if construction has not begun in one (1) year. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.00-02 WITH FINDINGSAND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Biddle, Livengood, Speaker NOES: ; Chapman ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-102: 1. Conditional Use Permit No. 96-102 and Entitlement Plan Amendment No. 00-02, to establish a used car sales lot with a limited vehicle repair facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project provides sufficient parking on - site and reciprocal access to adjacent commercial properties. The Design Review Board reviewed and recommended approval of the architectural design of the structure. PC Minutes — 6/13/00 4 (00PCM613) 2. Conditional Use Permit No. 96-102 and Entitlement Plan Amendment No. 00-02 to establish a used car sales lot with a limited vehicle repair facility will be compatible with surrounding uses because the use is a commercial use located in a commercial district. A 10 ft. wide landscaping area separates the proposed use from residential properties to the east. The anticipated additional noise which will be generated by vehicle repair operational activities will comply with Noise Ordinance standards. The air compressor will be placed within a polyurethane enclosure and its operation will be limited to 15-minutes in any hour to minimize noise impacts. Outside repairs or storage of inoperable vehicles, vehicle parts, equipment or trailers on site will not be permitted. Vehicle repair/service work will be performed within the westerly garage area only between 9 AM and 5PM daily and will be limited to changing of tires, changing of brakes and light electrical work. Myers "quiet" impact wrench or comparable equipment with reduced sound power rating will be utilized. The work -bay door will be kept closed whenever possible. 3. The proposed used car sales lot and limited vehicle repair facility complies with the provisions of the base district which is General Commercial 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. The proposed site plan depicts setbacks, building height, floor area ratio, landscaping, and parking in compliance with the requirements applicable to the CG General Commercial District. The air compressor will occupy an existing surplus parking space and its installation will not impact required parking or circulation patterns. 4. The granting of the conditional use permit and Entitlement Plan Amendment No. 00-02 for a used car sales lot with a limited vehicle repair facility will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goals and policies -of the General Plan: Policy LU 7.1: Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, educational, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding subregion, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic "relief' from urban development. Policy LU10.1.6. Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy ED 1.1.1: Maintain and expand economic and business development programs that encourage and stimulate business opportunities within the City. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-102/ ENTITLEMENT PLAN AMENDMENT NO.00-02: 1. The site plan dated April 13, 2000, and the floor plans, and elevations received and dated November 19, 1996, shall be the conceptually approved layout with the following modifications: a. A minimum 10 foot -wide landscape planter shall be provided along the front property line without any automobile overhang. PC Minutes — 6/13/00 5 (OOPCM613) b. Five parking spaces nearest the easterly property line shall be designated for "employee only" parking. c. A stamped, decorative concrete surface shall be provided adjacent to the Beach Boulevard driveway and shall extend a minimum of 10 feet on -site. d. A wrought iron (or other see -through design) gate shall be provided at the north and south ends of the landscaped area along the east side of the building. 2. Prior to submittal for building permits, the following shall be completed: a.' Any proposed revision to the floor plan and/or enclosure of the courtyard shall be submitted to the Director of Planning for review and approval. 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. Fire Department requirements shall be noted on the building plans, as follows (FD): 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2) A 24 foot -wide fire lane shall be provided to the front of the building and will be designated and posted to comply with City Specification No. 415. 3) 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. d. The site plan shall include the following: 1) Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers. The location and screening shall comply with the requirements of Section 230.76 of the Zoning and Subdivision Ordinance. 2) Parking lot striping shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. 3) The maximum separation between building wall and the northerly property line shall not exceed two (2) inches. 4) Motion sensor lighting shall be provided along the rear of the building and in areas designated as employee parking. 5) High-pressure sodium vapor lamps or similar energy savings lamps shall be used for all outdoor lighting. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. PC Minutes — 6/13/00 6 (OOPCM613) e. Elevations shall depict colors and building materials proposed and recommended by the Design Review Board. f. All rooftop mechanical equipment shall be screened from any view. 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). g. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. 3. Prior to issuance of grading permits, the following shall be completed: a. A landscape plan shall be reviewed and approved by the Design Review Board. b. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) c. Wall plans depicting a minimum six foot (6 ft.) height along the east property line and along the east 57± feet of the south property line shall be submitted and approved by the Department of Community Development. 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 necessary homeowner's approval. (Code Requirement) d. A Landscape and Irrigation Plan shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division prior to issuance of building permits. (PW) e. 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, streets, and utilities. (PW) f. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be submitted by a Civil or Environmental Engineer. (PW) g. A remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval, including methods to minimize remediation related impacts on the surrounding properties. (PW) PC Minutes — 6/13/00 7 (OOPCM613) h. The name and phone number of a field supervisor hired by the developer who is on -site shall be submitted to the Department of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 ft. indicating whom to conduct for information regarding this development and any construction/grading related concerns. 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. Signs shall include the number of the applicant's contact, City contact (Jack Miller 714-536-5517) regarding grading and construction activities, and "1-800-CUT-SMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) i. The applicant shall notify all property owners and tenants within 300 ft. of the perimeter - of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) The developer shall coordinate with the Department of Public Works, in developing a truck route if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PW) k. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) 1. A plan shall be prepared and submitted to the Public Works Department for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site. (PW) m. A plan shall be prepared and submitted to both Public Works and Planning Department's identifying wind barriers around remediation equipment. (PW) 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition Nos. 1 and 2 for review and approval and inclusion in the entitlement file to the Planning Department. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. Said landscape plan shall include an inventory of trees proposed to be removed with the trunk diameter at 4 ft.-6 in. above grade, quantity, and type of tree indicated. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. PC Minutes — 6/13/00 8 (OOPCM613) 11 The existing mature date palm shall be relocated or removed and shall be replaced with two 36-inch palm tree equivalents unless it can be saved in place. The area between the building and the east property line shall be planted with plant material that deters loitering. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance. (PW )(PD) c. The subject property owner shall enter into irrevocable reciprocal driveway cross easement(s) between the subject site and adjacent properties to the north and to the south. A copy of the legal instrument shall be approved by the CityAttorney as to form and content, and when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Planning Department. d. A tentative parcel map consolidating the subject parcels identified as Assessor's Parcel Numbers 167-325-19, 167-325-20, and 167-325-21 shall be filed and approved by the Zoning Administrator. The parcel map shall be recorded with the County of Orange Recorder and a copy of the recorded map submitted to the Planning Department for inclusion in the entitlement file. e. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. f. If any septic systems exist on site they shall be removed in accordance with Orange County Health department's requirements. (PW ) 5. During grading, the following conditions shall be complied with: a. Water trucks shall be utilized on site and shall be available to be used throughout the day during site grading to keep the soils damp enough to prevent dust being raised from the operations. (PW ) b. All haul trucks shall arrive at the site no earlier than 8:00am, or leave the site no later than 5:00pm, and shall be limited to Monday through Friday only. (PW ) c. Wet down areas to be graded or that are being graded in the late morning and after work is completed for the day. (PW ) d. Use low sulfur fuel (.05%) by weight for construction equipment; e. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and f Discontinue construction during second stage smog alerts. g. The construction disturbance area shall be kept as small as possible. (PW ) h All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) PC Minutes — 6/13/00 (OOPCM613) i. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) j. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) k. Wind barriers shall be installed along the perimeter of the site. (PW) 1. The remediation operations shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. f. The southerly driveway shall be removed and replaced with curb, gutter, and sidewalk. (PW) g. Remove the existing asphalt concrete curb along the entire Beach Boulevard frontage and replace with concrete curb, gutter and sidewalk. (PW) h. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted for all off -site improvements per Caltrans Standards. (PW) i. Install sewer lateral. (PW) j. The proposed building modification shall require a new, separate domestic/irrigation water service and meter and shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC). The service lateral shall be a minimum of 2 inches in size. (PW) k. Separate backflow protection shall be installed per the Water Division standards for the domestic and irrigation water services. (PW) 1. All new utilities shall be installed underground. (PW) 7. The use shall comply with the following: a. There shall be no outside repair or storage of inoperable vehicles, vehicle parts, equipment or trailers. No repairs shall occur on Sunday. PC Minutes — 6/13/00 10 (OOPCM613) b. Vehicle repair/service work, shall be limited within the westerly garage area only. Vehicle repair/service work shall be limited to the following: (a) changing of tires, (b) changing of brakes, and (c) light electrical work. c. Exterior speakers/sound system shall be prohibited. d. Hours of operation shall be limited as follows: (a) Car sales - between 8 AM and 10 PM daily (b) Car repairs - between 9 AM and 5 PM Monday — Saturday. No car repairs shall be conducted on Sundays. e. The air compressor shall not be operated from 5 PM to 9 AM and it shall only be operated for less than 15-minutes in any one hour of its operation (9 AM to 5 PM). f. The air compressor shall be placed within a sound proof polyurethane enclosure which reduces the noise level at the source by a minimum of 26 dba. g. Use the Myers "quiet" Impact Wrench or comparable equipment with a sound power rating which may result in decreased noise emissions. h. The work —bay door shall be kept closed whenever possible 8. If project construction is not initiated within one year from project approval (June 13, 2001), the Planning Commission will consider holding a revocation hearing for Conditional Use Permit No. 96-102 and Entitlement Plan Amendment No. 00-02. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. A CalTrans permit shall be required for all work within the State right-of-way. (PW) 4. A Certificate of Occupancy shall be issued by the Building and Safety Department prior to occupying the building. 5. State -mandated school impact fees shall be paid prior to issuance of building permits. 6. The development shall comply with all applicable provisions of the Municipal Code, Building and Safety Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes — 6/13/00 11 (OOPCM613) 8. All signs shall comply with Chapter 233 of the Zoning and Subdivision Ordinance. 9. 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. 10. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval. 11. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-102 and Entitlement Plan Amendment No 00-02, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 12. Conditional Use Permit No. 96-102 and Entitlement Plan Amendment No 00-02 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. 13. Standard landscape code requirements apply (Chapter 232 of the HBZSO). (PW) B-3 ZONING MAP AMENDMENT NO.00-1/ZONING TEXT AMENDMENT NO.00- 2 (THE CROSSINGS AT HUNTINGTON BEACH): APPLICANT: Mr. Scott Dinovitz LOCATION: 7777 Edinger Avenue (bounded by Beach Boulevard, Edinger Avenue, Center Avenue and Southern Pacific Railroad) PROJECT PLANNER: Jane James • Zoning Map Amendment No. 00-01 request: Amend zoning from CG (General Commercial) and CG-FP2 (General Commercial — Flood Plain) to Specific Plan No. 13 • Zoning Text Amendment No. 00-02 request: Establish zoning, development standards, site design, and architectural guidelines to govern future development and to require Regional Commercial uses at the 63 acre property PC Minutes — 6/13/00 12 (OOPCM613) 1 Staffs Recommendation: Approve Zoning Map Amendment No. 00-01 and Zoning Text Amendment No. 00-02 to establish Specific Plan No. 13 based upon the following: - Consistency with goals and policies of General Plan Land Use Element for Regional Commercial Specific Plan - allows for creation of a development compatible with and sensitive to the existing land uses in the project area. - Consistency with the goals and policies of the Economic Development Element - stimulate business opportunities within the City by allowing for and encouraging development consistent with the Specific Plan under an expedited entitlement process. Additionally, the Specific Plan provides for a range of employment opportunities in the professional, retail, service and entertainment fields, thus stimulating business opportunities and strengthening the employee base of the community. - Design standards and architectural guidelines consistent with the intent of Subarea 5A for the mall property and the Urban Design Element. - Infrastructure improvements (circulation, water, sewer, storm drainage, and communication facilities) necessary to accommodate future development of the site and in compliance with Circulation, Growth Management, Public Facilities and Public Services, and Utilities Elements of the General Plan. - Design and Architectural Guidelines stipulate implementation of an exciting, vibrant, and high -quality architectural style and design theme (Italian Village) for a future regional commercial shopping and entertainment complex. Staff requested that the Planning Commission reconsider the vote they took at the start of the meeting to continue this request to the June 27, 2000 meeting. Staff explained that they and City Counsel had reviewed the letter submitted by attorneys of Montgomery Ward and Burlington Coat Factory and were ready to comment. Staff also stated that the Planning Commission has held two Study Session on the proposed project and should be well versed on the issues. Staff stated they would like to keep to project on schedule and the next hearing is July 5, 2000 before the City Council. Assistant City Attorney, Paul D'Alessandro stated that it is not within the Planning Commission's parameters to challenge decisions not related to land use issues. The application before the city has been initiated, it has been accepted and it conforms to all notification requirements. The Commission discussed opening the public hearing, hearing the staff report but not take any public testimony and continue the item to a Special Meeting on June 20, 2000. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC TO RECONDISDER THEIR ORIGINAL MOTION TO CONTINUE TO THE JUNE 27, 2000 MEETING. THERE WERE NO OBJECTIONS. MOTION PASSED. PC Minutes — 6/13/00 13 (OOPCM613) A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO OPEN THE PUBLIC HEARING WITHOUT HEARING PUBLIC TESTIMONY AND CONTINUE ZONING MAP AMENDMENO. 00-01 MEETING ON dUNE 202 00, BY ZONING TEXT AMENDNT NO. 0-02 WITH PUBLIC HEARING OPEN EN TO A SPECIAL THE FOLLOWING VOTE: AYES: Mandic, Chapman, Biddle, Livengood, Speaker NOES: Shomaker, Kerins ABSENT: None ABSTAIN: None MOTION PASSED Commissioner's Shomaker and Kerins opposed the motion because they wanted to hear public testimony before continuing. B-4 CONDITIONAL USE PERMIT NO 00-15 (PLAZA ALMERIA): APPLICANT: Mike Adams, JT Development Co., LLC LOCATION: 301 Main Street (Plaza Almeria — full block bounded by Main Street, Olive Avenue, Fifth Street and Orange Avenue) PROJECT PLANNER: Jane James • Conditional Use Permit No. 00-15 request: - Master plan for four restaurant suites at Plaza Almeria - Alcohol service at each restaurant Outdoor dining at each restaurant and outdoor seating for retail suites along Olive Avenue Portable vending carts along Main Street Staffs Recommendation: Approve Conditional Use Permit No. 00-15 with modifications based upon the following: - General Plan goals and policies encouraging visitor serving uses in the Downtown area - Downtown Specific Plan promotes outdoor uses to foster pedestrian activity - With modifications, the project complies with Downtown Specific Plan restaurant and outdoor dining development standards - Revisions required to provide adequate pedestrian sidewalks Staffs Suggested Modifications: - Outdoor dining and portable vending carts be redesigned to maintain minimum 8 foot wide sidewalk widths on public property - Outdoor dining and portable vending carts be redesigned to maintain minimum 5 foot wide sidewalk widths on private property - Outdoor dining be redesigned to depict physical barriers separating the outdoor uses from the adjacent sidewalk area PC Minutes — 6/13/00 14 (OOPCM613) E Commissioner Mandic and Commission Shomaker stated they would be abstaining from taking action on this item as Commissioner Mandic owns property and Commissioner Shomaker owns a business within 300 feet of the proposed project. The Commission questioned staff regarding the License Agreement ,outdoor dining and parking issues. THE PUBLIC HEARING WAS OPENED. Mike Adams, PO Box 382, representing applicant, gave a history of the request and described the kiosk placements and their use. He urged the Commission to approve the request. Kevin Ives, Inca Grill owner, stated that his restaurant would provide a family type atmosphere, which will encourage the same for the downtown area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS OPENED. The Commission discussed their concern about the intrusion of kiosks into the public right-of-way. They were concerned there would not be sufficient room for pedestrian traffic and that the electrical cords and water drains would be in the pedestrian right-of-way. The Commission also expressed concern regarding outdoor seating for retail suites. Staff stated that the applicant has had the foresight to come to the Commission with a master plan of his project. Staff stated that outdoor dining, seating and kiosks had been encouraged in the Downtown Specific Plan and the applicant is proposing a project consistent with the plan. A MOTION WAS MADE BY SPEAKER, SECONDED BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO.00-15 WITHOUT KIOSKS, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: Shomaker, Mandic 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 maintenance and operation of an existing structure is exempt from further review and no adverse environmental impacts are anticipated. PC Minutes — 6/13/00 15 (OOPCM613) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-15: 1. Conditional Use Permit No. 00-15 for the establishment, maintenance and operation of the master plan for 14,859 square feet of restaurant suites with alcohol sales and service and outdoor dining will not be detrimental to the general welfare of persons al to the value of the property and improvements king r residing in the vicinity or detriment in the neighborhood. Based upon the conditions imposed, adequate pedestrian passage area and physical barriers separating the outdoor seating from the public sidewalk will be provided. The project has been evaluated for compatibility with the surrounding neighborhood. The restaurants, and outdoor seating will provide additional open air commercial amenities, are designed on a pedestrian scale and character, will provide sufficient parking to serve the uses on site, and will meet the goals and policies of several elements of the General Plan. 2. The conditional use permit will be compatible with surrounding uses because the exterior is designed with a Spanish Village/Mediterranean theme which is compatible with the Downtown Design Guidelines. With the conditions of approval imposed the project will provide adequate pedestrian passage areas and physical barriers to define the outdoor patio areas. The restaurants with alcohol sales and service, and the outdoor seating enhance the pedestrian character and scale of the street scene surrounding the project. The project will provide exterior improvements to make the project compatible with other downtown development. 3. The proposed master plan for 14,859 square feet of restaurant suites with alcohol sales and service and outdoor dining 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. In particular, the plan must be revised to demonstrate compliance with the clear sidewalk areas required around the outdoor uses. 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 MV-F6/25-sp-pd (Mixed Use Vertical- 2.0 FAR/25 du/acre-Specific Plan Overlay -Pedestrian Overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LUI: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. Obiective LU7.1: Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, educational, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding sub -region, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic "relief' from urban development. Goal LUI1. Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. PC Minutes — 6/13/00 16 (OOPCM613) B. Economic Development Element Obiective EDI.1: Enhance the City's market potential in terms of retail, office, industrial, and visitor serving activity. This would allow Huntington Beach to provide for retail, office, and industrial opportunities that serve the current and projected population and enhance sales and occupancy tax revenue. Policy ED3.2.2: Encourage mixed use (retail/office/residential) structures in the downtown area and at the visitor -serving nodes along Pacific Coast Highway. Policy LU15.2.2: Require that structures located in the pedestrian overlay zone be sited and designed to enhance pedestrian activity along the sidewalks in consideration of the guidelines noted in the general plan. The Plaza Almeria mixed use project is located in the Downtown area of Huntington Beach. The design of the building with its retail uses facing Main Street and Olive Avenue was originally designed to encourage pedestrian activity from the pier and PCH to progress further up Main Street. A key component to expanding the pedestrian activity in a downtown beach community is the provision of restaurants with outdoor dining and additional outdoor sidewalk uses. This request for restaurants, alcohol sales and service, and outdoor dining contributes to the project's effectiveness in meeting the goals and objectives of the General Plan. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-15: 1. The site plan, floor plans and elevations received and dated March 8, 2000 shall be the conceptually approved layout with the following modifications: a. Site plans and elevations shall depict any alternative outdoor seating colors, design, and physical barrier building materials as approved by the Design Review Board. b. The site plan shall be revised to depict full compliance with the sidewalk and pedestrian passageways as required by the Downtown Specific Plan and the Outdoor Dining with Alcohol Ordinance. Specifically, one site plan shall clearly depict all street furniture, street lights, benches, parking meters, landscape planters, and outdoor dining patios. Each tenant's outdoor dining area on public property shall be designed to meet the minimum eight (8) foot wide clear sidewalk area as required by the Downtown Specific Plan. Each suite's outdoor uses on private sidewalk portions of the property shall depict a minimum five (5) foot wide clear passage area with a permanent cordon as recommended by the Police Department's crime prevention specialist. An outdoor dining patio floor plan shall depict a minimum 48 inch wide access to from the pedestrian passage area to the front door of each business for disabled access. c. All restaurants serving alcohol outdoors shall provide a permanent, 36 inch high physical barrier between the outdoor use areas and the public sidewalk passageways. The site plan shall be revised to clearly depict the proposed location of all physical barriers required. An elevation of each barrier shall also be provided to determine compliance with the approved barrier design. Any deviation from the approved barrier design shall require approval by Design Review Board prior to installation. PC Minutes — 6/13/00 17 (OOPCM613) d. The site plan shall be revised to reflect an outdoor dining patio area contiguous and adjacent to Suite H (Greenleaf Restaurant) only. The outdoor dining patio area shall not extend beyond the boundaries of the restaurant suite it serves. e. The site plan shall reflect the approved suite numbers for each tenant. f. The site plan shall be revised to delete all references to portable vending carts. 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 (and/or Planning Department) shall review and approve the following: 1) Revised site plan and elevations as modified pursuant to Condition No. 1. 2) All physical barriers that deviate from the adopted ordinance (DRB required). c. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the applicant shall submit a copy of the revised site plan and floor plans pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. The applicant shall also submit 8 inch by 10 inch colored photographs of all colored renderings and elevations to the Planning Department for inclusion in the entitlement file. 4. Prior to final building permit inspection and approval, 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 provision of physical barriers. 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. 5. 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. No live entertainment shall be permitted unless approved through a conditional use permit by the Planning Commission and an entertainment permit by the Police Department. PC Minutes — 6/13/00 18 (OOPCM613) c. Prior to commencing alcohol service outdoors, each establishment is required to provide a physical barrier of 36 inches in height surrounding the outdoor dining area that will prohibit the passing of alcohol through the barrier. Each establishment shall coordinate with the Public Works department in providing a 36 inch high physical barrier. d. A License Agreement with the City for each individual use, including use fees, shall be obtained by each establishment for outdoor dining (with or without alcohol) located on public property. Each agreement shall reflect all standard license conditions as approved by the City Council for alcohol sales on public property. Each restaurant shall apply for and obtain approval of the license agreement from the Public Works Department prior to improvements or use of public property. The License Agreement shall be subject to termination at any time upon a 10 day prior written notice upon determination of the Planning Commission that one or more of the conditions or provisions of Section 4.2.33 or that one or more of the items listed under the Findings for Approval in this document, have been violated. Termination of a License Agreement shall nullify the conditional use permit for only the suite(s) involved in the violation. e. Each establishment shall provide an updated public liability insurance policy as specified in all current insurance resolutions prior to installing improvements or using public property. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. f. No food or beverages of any nature shall be sold to any occupant or rider of any motor vehicle or bicycle. g. All outdoor seating street furniture shall be compatible and complementary to the established building colors of off-white, forest green, burgundy, navy blue (awnings), and cobalt blue (accent tiles). h. The outdoor dining operators shall not sell to or solicit from motorists or persons in vehicles. i. All other conditions of approval of Conditional Use Permit No. 90-39 (R) and Coastal Development Permit No. 90-30 (R), which established 15,000 square feet of restaurant space at this location, shall be adhered to. 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. Conditional Use Permit No. 00-15 shall not become effective until the ten calendar day appeal period has elapsed PC Minutes — 6/13/00 19 (OOPCM613) 2. Conditional Use Permit No. 00-15 shall become null and void unless exercised within one year of the date of final approval which is June 13, 2000 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. 00-15, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 $3 8.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. An encroachment permit shall be required for all work within the right-of-way. (PW) 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. B-5 a ENVIRONMENTAL E%IPACT REPORT NO.99-2 (Northam Ranch Site . APPLICANT: PLC Land Company, Bill Holman LOCATION: 2110 Main Street (North of Yorktown, East of Main Street, West of Lake Street) PROJECT PLANNER: Wendy Nowak PC Minutes — 6/13/00 20 (00PCM613) C 1 • Environmental Impact Report No. 99-2 (EIR No. 99-2): Analyzes a proposed development on the Northam Ranch property that would remove remaining structures of local historical significance, remove/relocate 134 mature trees and substantially modify existing grade for the purpose of constructing 17 homes. - Documents potential impacts to cultural resources, biological resources, and aesthetics. - Concludes that significant impacts will result and that they cannot be completely mitigated. Staffs Recommendation: - Certify EIR No. 99-2 because it adequately analyzes the potential environmental impacts associated with the project and identifies project alternatives and mitigation measures to lessen the project's impacts consistent with General Plan policies. THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, applicant, gave a background report on the property. He urged the Commission to certify the report. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO CERTIFY ENVIRONMENTAL IMPACT REPORT NO.00-2 AS ADEQUATE AND COMPLET IN ACCORDANCE WITH CEQA REQUIREMENTS BY APPROVING RESOLUTION NO. 1553, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-5 b. TENTATIVE TRACT MAP NO. 15689/ CONDITIONAL USE PERMIT NO. 99-53 (NORTHAM COURT): APPLICANT: PLC Land Company, Bill Holman LOCATION: 2110 Main Street (North of Yorktown, East of Main Street, West of Lake Street) PROJECT PLANNER: Wendy Nowak Tentative Tract Map No. 15689 request: - Subdivide approximately 4.82 net acres for development of 17 single-family residences. PC Minutes — 6/13/00 21 (OOPCM613) • Conditional Use Permit No. 99-53 request: Construction of 17 two-story, detached, single-family residences. Development of a Planned Unit Development project to allow reduced lot widths on 14 lots with minimum widths of 50 feet in lieu of 60 feet. Development on a lot that has a grade differential greater than three (3) feet between the high and low point of the site to determine that the project terraces with the grades. - Fences -retaining wall and perimeter wall combinations that exceed eight feet in height. Staff's Recommendation: Deny Tentative Tract Map No. 15689 and Conditional Use Permit No. 99-53 based upon the following: - The project will be inconsistent with General Plan goals, policies, and objectives for land use and environmental resources/conservation because it does not propose a housing product type that is appropriate for the site, nor does it preserve the existing topography and mature vegetation. - The project will significantly alter the appearance of the site by the removal of the mature vegetation and the extensive grading proposed, thereby creating significant impacts to the historic image of the site and Yorktown Avenue between Seabluff Drive and Ranch Lane. Staffs Suggested Modifications:_ - Reduce the grading and proposed fill to minimize alterations to the existing topography. - Redesign the proposed private street to preserve the existing knoll of mature vegetation on - site. - Consider an alternative housing product type (cluster housing, etc.) that would be more conducive to the preservation of the existing topography and mature vegetation on sit, and be more compatible with the surrounding multiple family residential uses. THE PUBLIC HEARING WAS OPENED. John Scandura, Environmental Board, stated that the hillside and bluff topography have historical value and should be preserved. He also stated that the applicant will be removing too many trees and agrees with staff in opposing the request. He stated that the Environmental Board is not opposed to development on this site, they just wish to preserve the historic value of the topography with the proposed development. Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, applicant, stated the developer tried to create a small enclave of single family homes and have lowered the grade to minimize the impact to the Pacific Ranch development. He also stated they will try to preserve the trees where possible and replace on a 2:1 ratio those that must be removed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE' REQUEST AND THE PUBLIC HEARING WAS CLOSED. The majority of the Commission agreed with staffs recommendations and the Environmental Board's concerns. Commissioner Shomaker disagreed stating that the project was less dense and the grading would still have a desirable slope. She stated her concern that the public is dictating what the project should be and not taking into account the private property owner's rights. PC Minutes — 6/13/00 22 (OOPCM613) 1 A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO DENY TENTATIVE TRACT MAP NO. 15689 AND CONDITIONAL USE PERMIT NO.99-53 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: Shomaker ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - TENTATIVE TRACT MAP NO. 15689: Tentative Tract Map No. 15689 for the subdivision of 4.82 acres for the development of 17 single-family residences is not consistent with the goals and policies of the General Plan. The proposed lot configuration requires substantial grading, including approximately 34,400 cubic yards of cut and 28,500 cubic yards of fill, which is not conducive to the maintenance of natural landforms. The lots adjacent to Yorktown Avenue will be raised approximately 23 feet in order to accommodate development of the residential units. The modification to the existing variation in grade is not consistent with the goals and policies of the General Plan that encourage development within existing neighborhoods to be compatible with existing structures, including grade elevations, and orientation of adjacent developments. The tract as designed would also create significant, unavoidable impacts to the 134 existing mature trees on site and does not comply with the General Plan policy that requires protection of "significant" trees and groves. 2. The site is not physically suitable for the type and density of development without removing substantial vegetation or substantially altering the natural topography of the site. The substantial amount of cut and fill proposed for the site will substantially impact the aesthetic appearance of the area. The property can be developed with less impact to the existing topography. 3. The granting of Tentative Tract Map No. 15689 is not consistent with the following goals and policies of the General Plan: Goal ERC 4: Maintain the visual quality of the Citys natural landforms and water bodies. The project proposes significant levels of cut and fill to create level pads for residential development. The existing elevations range from approximately 55 to 91 feet, and the project proposes to create pads that range from 72 to 75.5 feet. The project has not been designed in manner that incorporates the natural topographic characteristics of this site. Obiective ERC 4.1: Enhance and preserve the aesthetic resources of the City, including natural areas, beaches, bluffs, and significantpublic views. The project is located adjacent to the Civic Center, Seacliff Office Park, and the Pacific Ranch residential community. The existing grove of trees and existing topography of the site are highly visible by each of the adjacent uses. While the project proposes a tree relocation plan for the 134 mature trees on site, the tree removal and relocation will create a significant change to public views of the site. The proposal for significant grading to the site is not sensitive to the existing topography. PC Minutes — 6/13/00 23 (OOPCM613) Policy ERC 4.1. 6. Require that future development be designed and sited to maintain the natural topographic characteristics of the City including the minimization of the area and height of cuts and fills The project proposes significant levels of cut and fill to create level pads for residential development. The existing elevations range from approximately 55 to 91 feet, and the project proposes to create pads that range from 72 to 75.5 feet. The project has not been designed in manner that incorporates the natural topographic characteristics of this site. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.99-53: 1. Conditional Use Permit No. 99-53, for the construction of a 17-unit single family project 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 project it is not compatible with the surrounding office and medium density residential uses because it does not propose a housing product type that provides a natural transition between the existing uses. The proposed density is 3.5 and the surrounding density is 12.9. Also does not conform to Section 230.70 in that structures do not terrace with the grade. 2. The granting of the conditional use permit will adversely affect the implementation of the General Plan goals and policies. It is consistent with the Land Use Element designation of RM-15 on the subject property, however it is not consistent with the following goals and policies of the General Plan: Policy LU 9.3.2. Require the design of new residential subdivisions consider the following. c. Cluster residential units and, if possible, integrate small clusters of multi family housing within single family areas to preserve open space. The project proposes construction of 17 single-family units on lot sizes that range from 6,349 square feet to 9,569 square feet in size. The applicant has been encouraged by City Staff and the Subdivision Committee to consider an alternative housing product (such as cluster housing) or reduced lot sizes in an effort to preserve the existing tree grove and topography of the site. The applicant believes that the City's request is not feasible due to issues relating to site access, grades, and required slopes, and that their proposal is the most appropriate design of the site. Policy ERC 2.1.22: Define the terms "significant" tree or grove and develop specific measures to protect trees/groves that meet said definition. The project, as proposed, would create significant unavoidable impacts to the 134 existing mature trees located on site. Mitigation Measure 3.1-6 encourages the applicant to consider, prior to approval of the project, realignment of the central road within the proposed development in order to spare many of the trees in the major grove. Policy HCR 1.2.1: Utilize the Secretary of the Interior Standards for Historic Rehabilitation and standards for guidelines as prescribed by the State Office of Historic Preservation as the architectural and landscaped design standards for rehabilitation, alteration, or additions to sites containing historic resources in order to preserve these structures in a manner consistent with the site's architectural and historic integrity. PC Minutes — 6/13/00 24 (OOPCM613) The Secretary of the Interior's Standards recommend retaining the historic relationship between the historical buildings and the landscape. The Standards discourage removal or relocation of buildings or landscape features, which would destroy the historic relationship between the buildings and the landscape. The project proposes to remove or relocate the majority of the vegetation in the existing grove. Alterations to the historical buildings and landscaping of the site create significant unavoidable impacts. 3. The establishment, maintenance, and operation of the PUD for 17 detached single-family units with reduced lot widths will be detrimental to the general welfare of persons working or residing in the vicinity. The request will be detrimental to the neighborhood because this type of development is not compatible with the medium density residential and office commercial nature of the properties to the west and north. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MAY 23 2000 A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 23, 2000, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: Mandic MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Chapman — stated that the Infrastructure Advisory Committee would be presenting their report to the City Council in July 2000. PC Minutes — 6/13/00 25 (OOPCM613) E-2 PLANNING COMMISSION INOUMMS/COMMENTS F. F-1 F-2 Commissioner Kerins — requested that staff investigate using visual simulation in -lieu of the massing models where appropriate. Staff stated they would take it into consideration and decide on a case -by -case basis. Stated that he would not be able to attend the special meeting on June 20, 2000 because of prior commitments but stated his concern regarding the implementation and adherence of the Crossings project to the Urban Design Guidelines. He asked the Commission if they would support a resolution to the City Council stating their desire to see that new projects adhere to the approved Urban Design Guidelines and an annual audit done to ensure compliance and enforcement. The Commission supported the request and staff stated they would develop a resolution for discussion. Commissioner Mandic — stated that the development on the north side of Main Street at Loma Avenue has reciprocal access with the high school and asked if the new development was on private property. Staff stated that it was private ownership. Commissioner Mandic asked staff if the park being built on the historical site of Oil Well 91 would have a monument and a special naming. Staff stated that there will be a marker but was unsure of the name. Staff stated they would provide the Commission with a conceptual plan of the park. Commissioner Mandic requested that staff review the proposed Design Guidelines to differentiate the effects of the guidelines on small projects versus big projects. Commissioner Chapman — asked staff if they have followed up on the Home Depot complaints he had relayed to staff. Staff stated that a Code Enforcement Officer had inspected the site, found violations and is currently working with the new Manager to alleviate the violations. Commission Chapman stated that with the commencement of the Crossings project would generate interest in the Edinger Corridor Study and Plan implementation. Staff stated that the Edinger Corridor Study is forthcoming after City Council approval of the consultant contract. Staff stated that the project would take approximately 9-12 months. Commissioner Biddle — requested staff to investigate a better way for them to communicate with their City Council members on major projects. PLANNING ITEMS CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner - restated actions taken at the previous City Council meeting. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Senior Planner - reviewed items for the special Planning Commission meeting of June 20, 2000 and the regularly scheduled meeting of June 27, 2000. PC Minutes — 6113/00 26 (OOPCM613) 1 G. ADJOURNMENT — Adjourn to the June 20, 2000 Planning Commission meetini: A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO ADJOURN TO A SPECIAL MEETING AT 7:00 PM ON JULY 20, 2000, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING ON JULY 27, 2000 AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPROVED BY: Howard Zelefsky, Secretary Planning Co fission Chairperson i PC Minutes — 6/13/00 27 (00PCM613)