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HomeMy WebLinkAbout2000-08-22L 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 22, 2000 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:15 PM (Room B-8) SINGLE ROOM OCCUPANCY (SRO) ORDINANCE — Rosemary Medel (Tabled) HOUSING ELEMENT UPDATE — Rosemary Medel DOWNTOWN PARKING MASTER PLAN — 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 CONDITIONAL USE PERMIT NO.00-39 (HUNTINGTON POLICE DEPARTMENT PARKING LOT EXPANSION): APPLICANT: City of Huntington Beach LOCATION: 2000 Main Street (City Hall, northeast corner of Main Street and Utica Avenue) PROJECT PLANNER: Amy Wolfe Conditional Use Permit No. 00-39 request: - Expand the existing 108 space secured Police Department parking lot area at the Civic Center complex by adding 90 secured spaces. - Site improvements include perimeter landscaping, perimeter fencing, new double swing security gate and asphalt paving of an 0.7 acre landscape area at the northeast corner of Main Street and Utica Avenue. ♦ Staff's Recommendation: Approve Conditional Use Permit No. 00-39 with modifications based upon the following: - General Plan goals and objectives for the continuation of public safety uses that support the needs of existing and future residents and businesses and the provision of adequate police facilities and personnel to correspond with population and service demands. Project compatibility with adjacent residential land uses. The proposed design, as conditioned will provide adequate separation and landscape screening between the proposed parking area and adjacent residences. Noise will be mitigated by replacing the existing sliding gate with a double swing gate and by restricting parking on the easterly portion of the lot for detective vehicles. A decorative permanent perimeter screen wall will be constructed within 2 years from project approval to enhance the appearance of the project and views into the site. - Project compliance with Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Development Standards. The project is in compliance with building setback and perimeter landscaping standards. • Staffs Suggested Modifications: Conditional Use Permit No. 00-39 - Replacement of 6 existing mature trees at a 2 to 1 ratio in accordance with HBZSO requirements. - Replacement of the proposed palms in the interior landscaped area between the parking lot access driveway and the paved lot area with an alternative tree type or the addition of trees, to screen the paved parking area from the residences to the east. - Intensified use of shrub materials along the Main Street and Utica Avenue landscape perimeter area. - Replacement of the perimeter chain link fence for the entire secured Police Department parking area with a decorative exterior block wall within two years of project approval. The design of the wall shall be compatible with the Civic Center's architecture PC Minutes 8/22/00 2 (OOPCM822) - Restrict parking on the easterly portion of the site to detective vehicles only to minimize parking by multiple vehicles and associated noise generated impacts. Commissioner Shomaker stated that she would be abstaining from taking action on this item as she lives within 300 feet of the proposed project. Commissioner Mandic stated that she was advised by the City Attorney's office that she can participate and vote on the proposed project. Herb Fauland, Senior Planner, stated that they received a letter dated August 22, 2000, from Frank Yee opposing the proposed project. THE PUBLIC HEARING WAS OPENED. Joyce Holmes, 1911 Park Street, presented copies of Attachment 4-1 (letter dated August 8, 2000). Ms. Hohnes spoke in opposition to the request. Concerns expressed were increase in noise pollution, lighting at night, loss of green area, loss of mature trees, and loss of a recreation area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed parking of employee vehicles, source of funds, the necessity for 24- hour lighting, the need to impose a maximum light level, landscaping, the Design Review Board's suggestions for intensified landscaping, a silent gate, and reduced lighting to prevent glare. Captain Jon Arnold, City of Huntington Beach Police Department, representing the applicant, requested modifications to the conditions as follows: Condition La: Change the wording to reflect the Design Review Board's (DRB) recommendation by deleting the words "canopy tree species" and replace with "alternative tree type or the addition of such trees, to screen the paved parking area from the residences to the east." Condition Lb: Change to reflect the DRB's recommendation by stating that the landscape plan shall use ground cover throughout the project site to be reviewed and approved by the City Landscape Architect. Intensified use of shrub materials shall be used along the Main Street and Utica Avenue perimeter landscape area. Condition 5.a: Delete the words "detective vehicle parking only" and replace with "investigation and support vehicle parking only." Condition 6: Add that "the design of the wall shall be compatible with the Civic Center architecture." PC Minutes 8/22/00 3 (00PCM-922) A MOTION WAS MADE BY KERINS, SECONDED BY MANDIC, TO APPROVE CONDITIONAL USE PERMIT NO.00-39 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: Shomaker 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 Class 1, Section 15301 of the California Environmental Quality Act which states that minor alteration of public facilities involving negligible expansion of use beyond that previously existing does not require further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-39: 1. Conditional Use Permit No. 00-39 request to expand the existing 108 parking space secured Police Department parking lot at the Civic Center complex site by adding 90 parking spaces will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the proposed design and conditions imposed, adequate separation and landscape screening will be provided between the proposed vehicle parking area and adjacent residential uses. A minimum 110 ft. and 75 ft. buffer area will be provided between the parking lot and the easterly and southerly residential uses respectively. Trees will be planted within the parking lot to screen paved parking areas from adjacent single family dwellings. The perimeter chain link fence shall only be permitted on a temporary basis. The entire Police Department secured parking area perimeter chain link fence shall be replaced with a decorative block wall within two years of project approval. 2. The conditional use permit will be compatible with surrounding uses because the most easterly portion of the parking lot expansion area will be designated for detective vehicle parking only in order to minimize noise from frequent maneuvering into and out of parking spaces and from opening and closing vehicle doors. In addition, the existing sliding gate shall be replaced with a double swing gate to reduce the noise generated by the sliding gate as it slides on its track and the noise from cars driving over the track. 3. The proposed parking lot expansion 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 to any specific condition required for the proposed use in the district in which it would be located. A 10 ft. wide perimeter landscaping area will be provided along the Main Street frontage in accordance with HBZSO requirements. A 15 ft. wide landscaped area along Utica Avenue will exceed perimeter landscape requirements by 5 ft. Six (6) existing mature trees to be removed shall be replaced at a 2 to 1 ratio. PC Minutes 8/22/00 4 (OOPCM822) 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 P (Public) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element L U 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. L U 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. Public Facilities and Public Services Element PF 1.1: Provide adequate police facilities and personnel to correspond with population and service demands, and provide protection for the community from illicit activities and crime. The proposed parking lot expansion will permit the continuing operation of Police Department public safety services at the Civic Center site and contribute towards maintaining high quality levels of service and addressing community protection demands. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-39: 1. The site plan received and dated June 9, 2000 and landscape plan received and dated August 4, 2000 shall be the conceptually approved plans with the following modifications: a. The landscape plan shall be revised to reflect replacement of the proposed palms in the interior landscaped area between the parking lot access driveway and the paved lot area with an alternative tree type or the addition of such trees, to screen the paved parking area( from the residences to the east. Final tree selection shall be subject to review and apo�oval by the City Landscape Architect. b. The landscape plan shall use ground cover throughout the project site to be reviewed and ap�kovdi by the City Landscape Architect. Intensified use of shrub materials shall be use along the Main Street add Utica Avenue perimeter landscape area. c. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requireq*ilt) d. Depict all utility apparatus, such as bit not limited to back flow devices and Edison transformers on the site plan. Utility meters *fl be screened from view fro public rights -of -way. Electric transformers in d )required front or street side yard shall be enclosed in subsurface vaults. Backflow `��vention'&vices shall be prohibited in the front yard setback and shall be screened fibih view. -(Code Requirement) e. Energy saving lamps shall be used for parking lot lighting. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. Cut off or dimmed lighting shall occur after 10:00 PM along the perimeter edge to mitigate any potential glare onto adjacent residential properties. PC Minutes 8/22/00 5 ()�CM822) 2. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Licensed Civil Engineer, shall be submitted for review and approval. (PW) b. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of grading permits and shall be referenced in the index. c. A Landscape and Irrigation Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan (PW) (Code Requirement) d. A hydrology and hydraulic analysis for the proposed on -site drainage improvements shall be prepared and submitted for approval. (PW) e. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) f. The grading/ erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) g. The name and phone number of the contractor's field supervisor who will be on -site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible signs shall be posted on the perimeter of the site at 250 ft. intervals indicating whom to contact for information regarding this development and any construction/ grading activity. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the constiiction 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 telephone number of the contractor's contact person, the City's contact person (Jack Miller at 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) h. All property owners and tenants within 300 ft. of the perimeter of the project shall be notified of a tentative grading schedule at least 15 days prior to such grading. (PW) PC Minutes 8/22/00 6 (OOPCM822) L If the import or export of materials is required, a truck haul route plan shall be developed and coordinated with the Public Works Department. This plan shall include the approximate number of truck trips and the proposed haul route. It shall specify the hours that transport activities can occur and the methods to mitigate construction related impacts to adjacent residents and public facilities. These plans must be submitted to the Public Works Department for approval. (PW) j. Site plans and elevations depicting the height and material of all retaining walls, walls, and fences consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 3. During grading and site development\ the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available for use throughout the day during site grading to keep the soils damp enough to prevent dust from being raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. and leave the site no later than 5:00p.m., and shall be limited to Monday through Friday only. (PW) c. Areas to be graded or that are being graded shall be thoroughly wet down in the late morning and after work is completed for the day. (PW) d. The construction disturbance shall be kept as small as possible (PW) e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dirt and dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on -site onto a gravel surface to prevent dirt and dust from leaving the site and impacting public streets and other access ways. (PW) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. �Wpind barriers shall be installed along the perimeter of the site to enclose the work area. l- w) i. Use low sulfur fuel (.05%) by weight for construction equipment; j. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); k. Discontinue construction during second stages smog alerts. PC Minutes 8/22/00 7 (OOPCM822) 4. Prior to final inspection the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping; (PW) 2) Adequate space shall be provided between the swinging gates and the keypad operating the gate to pull-up with the gate closed. (PW) b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. d. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. Prior to the operation of the secured Police Department parking facility the following shall be completed: a. A parking management plan shall be submitted to the Planning Department for review and approval prior to parking lot operation. The submitted plan shall designate the two most easterly rows of the parking lot expansion area for investigation and support vehicle parking only. b. A lighting plan depicting proposed lighting fixture design and site placement shall be submitted to the Public Works Department for review and approval prior to parking lot operation. Parking lot lighting shall provide a minimum 0.6 foot candle with a uniformity ration of 4:1 within the project site. Light fixture shields will be utilized to protect the residential development to the east from potential light spillage and glare. 6. The perimeter chain link fence shall only be permitted on a temporary basis. The entire Police Department secured parking area perimeter chain link fence shall be replaced with a decorative block wall within two years of project completion. The design of the wall shall be compatible with the Civic Center architecture. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. PC Minutes 8/22/00 8 (OOPCM822) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-39 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-39 shall become null and void unless exercised within one year of the date of final approval which is August 22, 2001 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. 00-39, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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. B-2 ENTITLEMENT PLAN AMENDMENT NO.00-06 BEACH AND ATLANTA CONDOMINIUMS EAST PERIMETER FENCE AND BUILDING PAD HEIGHTS)• APPLICANT: Richard J. Julian LOCATION: Northeast corner of Beach Boulevard and Atlanta Avenue (Tract 15816) PROJECT PLANNER: Wayne Carvalho • Entitlement Plan Amendment No. 00-06 request: - Permit the reduction in the combination retaining/screen wall height along the east property line (flood control channel) to a maximum of 42 inches from the grade of the adjacent service road, or a minimum six (6) feet from the finished building pads, whichever is greater. - Amend Condition of Approval No. 2. (a) to permit building pad/finished floor elevations to be adjusted up to two (2) feet to meet the Federal Emergency Management Agency (FEMA) requirements. PC Minutes 8/22/00 9 (OOPCM822) • Staffs Recommendation: Approve Entitlement Plan Amendment No. 00-06 with modifications based upon the following: - The requirement for the six (6) foot fence height would deter unauthorized access to the residences abutting the flood channel. The proposed tract will be required to comply with FEMA requirements following the certification of the Flood Insurance Rate Map anticipated in early 2001. Grade deviations more than two (2) feet would require Planning Commission review and approval. - All applicable conditions on Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3 and Variance No. 99-18 will be complied with. • Staffs Suggested Modifications: Entitlement Plan Amendment No. 00-06 - Maintain six (6) foot fence height measured from the service road with an open fence design (wrought iron, tubular steel, etc.) Commissioner Biddle advised that under the provisions of the Brown Act he was advising the public that he spoke with Dick Harlow (representing the applicant), wherein the applicant's request was explained to him. The remaining six Commissioners advised that they also spoke with Mr. Harlow. Commissioner Speaker stated that the height limit of 64 inches was based on information that, at the time, was faulty because data from FEMA was not yet available. Commissioner Speaker discussed with staff what the ramifications would be if the revised pad height were denied tonight. THE PUBLIC HEARING WAS OPENED. Carl Morabito, 4490 Von Karman, Newport Beach, representing the applicant, presented a brief overview of the project stating that they wish to proceed in a timely and efficient manner. Mr. Morabito addressed issues that would be created if FEMA were to raise the floodplain and indicated agreement to staffs recommendation for a six-foot high wall. Mr. Morbabito stated that they were designing the project according to the currently approved elevations. Fred Graylee, 3 Hughes, Irvine, civil engineer for the project, addressed the basis for the revised elevations. Lou Kaa, 20801 Catamaran Lane, neighboring property owner, addressed issues concerning the revised pad height and variations. Jason Boyd, 20812 Beach Boulevard, President, Beach Terrace Homeowner's Association, addressed issues concerning potential deviations in the pad height imposed by future FEMA data. Paul Gold, 20816 Beach Boulevard, resident to the north of the proposed project, addressed concerns regarding the elevations. Mr. Gold stated that the developer, Richard Julian, personally agreed in a meeting with the homeowners that all of the model homes would be placed against the north wall, landscaping would be put in place to block construction noise as decided by the neighboring residents, and promised that the elevations would be dropped as low as possible. PC Minutes 8/22/00 10 (OOPCM822) Lena Ericsson, 20820 Beach Boulevard, neighboring property owner, addressed the issue of elevations and asked the Commissioners to allow the current ocean view to remain visible. Maynard Zwaagstra, 20818 Beach Boulevard, neighboring property owner, addressed the issue of elevations and asked the Commissioners to preserve their current standard of livability. Sharon Zwaagstra, 20818 Beach Boulevard, neighboring property owner, addressed the issue of elevations and expressed concern for living in a canyon -type environment thereby blocking sunlight and air circulation. Leonie Herting, 8162 Kingfisher Drive, neighboring property owner, stated that she understood that the greatest extent feasible would be applied to the elevation of this development. Ms. Herting stated that Richard Julian agreed to a seven -foot setback to the flood channel and nine and one-half feet by Beach Boulevard. Ms. Herting stated that Richard Julian is no longer involved and they have not heard from William Lyons Homes. Ms. Herting agreed to lowering the wall requirement and expressed opposition to a six-foot high wall on top of the flood channel. Ms. Herting requested approval of the park retaining wall and the 42-inch wall on top. Scott Daeder, 20862 Catamaran Lane, resident in the subdivision to the east side of the flood control channel, expressed height concerns stating that regulations do not yet exist. Mr. Daeder stated that previously agreed upon conditions are now being changed, and that raising the elevation would result in avoidance of the necessity to purchase flood insurance thereby enhancing the marketability of the homes. Dick Harlow, 211-B Main Street, representing the applicant, stated that they were looking for a contingency plan based upon a change in the FEMA regulations. Mr. Harlow suggested changing condition of approval number 3 to ensure that the height would not be added beyond that which is necessary. Mr. Harlow addressed the issue of flood insurance and site elevations stating that the applicant is agreeable to meeting with the homeowners to the south of the proposed site in order to ensure that they approve the landscape plan. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioners Biddle and Speaker stated they could not support the granting of any further flexibility where there exists a lack of complete data from FEMA. Commissioner Kerins stated that he voted against the project initially and would not agree to more than what has already been given. The Commissioners discussed with staff the maximum allowable to meet the FEMA requirements, raising of the pads, and the base height. Commissioner Shomaker suggested setting aside the affected areas until the FEMA requirements are determined. Commissioner Speaker proposed an action for findings for denial based on a lack of data from FEMA on which to base a decision. PC Minutes 8/22/00 11 (OOPCM822) A MOTION WAS MADE BY SPEAKER, SECONDED BY LIVENGOOD, TO DENY PAD ELEVATIONS ENTITLEMENT PLAN AMENDMENT NO.00-06 WITHOUT PREJUDICE, BY THE FOLLOWING VOTE: AYES: Kerins, Mandie, Chapman, Biddle, Livengood, Speaker NOES: Shomaker ABSENT: None ABSTAIN: None MOTION PASSED FINDING FOR DENIAL — ENTITLEMENT PLAN AMENDMENT NO.00-06: 1. Entitlement Plan Amendment No. 00-06 for revision to the previously approved site plan and elevations/sections of Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3 and Variance No. 99-18 to revise CUP 99-3/VAR 99-18 Condition No. 2 to allow final grades and elevations to vary up to two (2) feet from the grades and elevations on the approved tentative map in lieu of maximum one foot (per condition of approval) in order to meet the Federal Emergency Management Agency (FEMA) and Huntington Beach Zoning and Subdivision Ordinance requirements was denied without prejudice. The denial without prejudice was based on the fact that flood zone and flood standards are currently under review for this area and because there are no current FEMA regulations for the site, the amount of grading and finished pad heights are uncertain and finished pad heights cannot be determined at this time. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE WALL HEIGHT ENTITLEMENT PLAN AMENDMENT NO.00-06 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES:- _ Shomaker, Kerins, Mandie, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.00-06: 1. Entitlement Plan Amendment No. 00-06 for revision to the previously approved site plan and elevations/sections of Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3 and Variance No. 99-18 to allow an open fencing design for the six (6) foot high screen wall on top of the retaining wall along the east property line (excluding Lots 16-18) adjacent to the flood channel 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 does not propose any changes to the tract layout, density or circulation. With the conditions imposed, the revised project is designed to be compatible with the surrounding residential uses. PC Minutes 8/22/00 12 (OOPCM822) 2. The proposed revisions to the fence design 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. The Planning Commission previously approved a higher combination retaining/screen wall height as part of the tentative tract map and site plan review. 3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the General Plan of providing a mix of housing types throughout the city. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.00-06: 1. The site plan received and dated May 15, 2000, and cross -sections received and dated May 8, 2000 shall be the conceptually approved layout with the following modifications: a. The fence/wall along the easterly property line (adjacent to the flood channel — except Lots 16-18) shall be designed as follows: 1) The fence shall be six (6) feet high as measured from the adjacent service road grade. 2) The top portion of the fence shall be five (5) feet high open fencing. 3) The combination block/retaining wall shall not exceed six (6) feet as measured from the private property lot pad. 2. Prior to submittal for building permits, the following shall be completed: a. All 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. 3. All other applicable conditions of approval on Tentative tract Map No. 15816, Conditional Use Permit No. 99-3 and Variance No. 99-18 shall be adhered to. 4. 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. Entitlement Plan Amendment No. 00-06 shall not become effective until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 00-06 shall become null and void unless exercised within one year of the date of final approval which is September 1, 2000 or such extension of time PC Minutes 8/22/00 13 (OOPCM822) I L 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 Entitlement Plan Amendment No. 00-06, 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. 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. B-3 CONDITIONAL USE PERMIT NO.00-38/COASTAL DEVELOPMENT PERMIT NO. 00-10- (RESTAURANT WITH ALCOHOL SALES AND ENTERTAINMENT): APPLICANT: Steven Wise LOCATION: 412 Walnut Avenue (north side, west of Main Street) PROJECT PLANNER: Wayne Carvalho y Conditional Use Permit No. 00-38 and Coastal Development Permit No. 00-10 request: - Re-establish a restaurant use on the 2,610 sq. ft. first floor of an existing 4,450 sq. ft. two story commercial. building. - Permit alcohol sales and entertainment in conjunction with the restaurant. Staffs Recommendation: Approve Conditional Use Permit No. 00-38 and Coastal Development Permit No. 99-10 based upon the following: - Proposed restaurant will comply with the Downtown Specific Plan and Downtown Parking Master Plan. - With condition imposed, restaurant use will not impact surrounding properties. - The restaurant use with alcohol and entertainment is consistent with the Mixed Use General Plan Land Use designation. Commissioner Mandic stated that she was advised by the City Attorney's office that she can participate and vote on the proposed project. PC Minutes 8/22/00 14 (OOPCM822) THE PUBLIC HEARING WAS OPENED. Mike Adams, 19771 Sea Canyon, representing the applicant, reviewed and responded to a letter dated August 22, 2000, that they presented to the Commission during the study session. The letter addressed modifications to the suggested conditions of approval requesting that an area be set aside for a bench and waiting area (with potential for outdoor dining in the future), extension in the hours for dumping trash in the trash dumpster, a two -foot wide outdoor dining area adjacent to the building, limiting the six-month review of the conditions to this particular entitlement, and potential for valet parking using adjacent City parking facilities. Mr. Adams stated that the foregoing is based upon inquiries from potential tenants. Steve Wise, 414 Walnut Avenue, the property owner and president of Capitol Investment Network, presented a history of the proposed project and requested approval thereof. David Abdo, 218 5�' Street, leasing agent for the site with Coastline West Realty, spoke in favor of the request stating that their goal is to enhance the downtown area, the community and the City. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins asked staff to comment on the August 22, 2000, letter presented by Mr. Adams. Staff explained that the outdoor dining use is governed by the Downtown Specific Plan requiring a separate permit and hearing before the Zoning Administrator. Staff suggested that the request for a bench and waiting area could be part of a future request for outdoor dining, that the requested hours for dumping of trash is agreeable, and that the six-month review will be for this specific action. Commissioner Kerins stated that a motion should be made to include that the current sign on the building shall be brought into compliance with the City ordinance. Commissioner Livengood asked staff to respond to Mr. Adams' request for valet parking. Staff stated that valet parking is based upon the zoning ordinance requiring a separate conditional use permit to be heard before the Planning Commission and is not a part of this request. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.00-38/COASTAL DEVELOPMENT PERMIT NO.00-10 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes 8/22/00 15 (OOPCM822) FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-38: 1. Conditional Use Permit No. 00-38 for the re-establishment and operation of a new restaurant with alcohol sales and entertainment within the existing 2,610 sq. ft. first floor of the two story commercial building 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. With the conditions imposed, the proposed restaurant use will not create adverse noise or parking impacts to the surrounding businesses and residents. 2. The restaurant use with alcohol sales and entertainment will be compatible with surrounding uses. The restaurant will be required to comply with strict conditions of approval imposed and monitored by.the Planning Commission, Alcoholic Beverage Control (ABC) and Huntington Beach Police Department to assure impacts to surrounding properties are minimized. 3. The proposed restaurant 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. The use of the first floor will comply with parking, floor area ratio, and building occupancy/exiting requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.00-10: 1. Coastal Development Permit No. 00-10 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed re-establishment of a restaurant in an existing commercial building conforms to the General Plan land use designation of Mixed Use and will not impact public views or access to coastal amenities. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed restaurant will conform with all applicable codes including emergency access requirements, floor area ratio and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exists to the site. PC Minutes 8/22/00 16 (OOPCM822) 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Public access or recreational opportunities will not be affected by the new restaurant. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-38/ COASTAL DEVELOPMENT PERMIT NO.00-10: 1. The site plan and floor plans received and dated June 6, 2000 shall be the conceptually approved layout. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, and returned to the Planning Department for inclusion in the entitlement file. b. A Fire Protection Plan shall be submitted for Fire Department review and approved pursuant to City Specification No. 426. (FD) 4. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) b. Address numbers shall be installed to comply with City Specification No. 428. (FD) c. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. The restaurant operator shall monitor placement of chairs, trays, carts to assure access to aisles and exit doors are not obstructed. A plan shall be implemented to control the stated occupant load, prevent crowding and controlling unruly persons. (FD) d. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. e. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance and Downtown Design Guidelines. f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. PC Minutes 8/22/00 17 (OOPCM822) g. 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. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (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. 6. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Police Department, shall be submitted to the Planning Department. 7. The use shall comply with the following: a. Hours of operation for the restaurant shall be limited to the following: 1). Sunday -Thursday 6:00 AM - 1:00 AM 2). Friday, Saturday 6:00 AM - 2:00 AM b. No amplified entertainment shall be permitted. c. A maximum of two (2) performers shall be permitted. d. Alcoholic beverages shall only be served while the restaurant kitchen is in operation. e. All rear windows and doors shall be closed during times of entertainment. All entertainment shall remain inside the establishment at all times. f. There shall be no requirement for a cover charge or minimum purchase to enter the restaurant. g. There shall be no line formation or queuing of customers at the entrance of the restaurant. h. There shall be no dumping of trash to outdoor dumpsters between 10:00 PM and 7:00 AM. i. All servers of alcoholic beverages shall undergo LEAD training per ABC, or RBS training through CSP. Business owners shall submit proof of compliance on a quarterly basis for employees hired within the previous three months. Proof of compliance shall be provided to the Planning Department. j. All conditions of the Entertainment Permit as approved by the Police Department. 8. Outdoor dining and dancing shall be prohibited unless proper City approval is obtained. 9. A review of the use shall be conducted by staff within six (6) months of the issuance of the Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. PC Minutes 8/22/00 18 (OOPCM822) 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-38 and Coastal Development Permit No. 00-10 shall not become effective until the ten working day appeal period has elapsed. 2. Conditional Use Permit No. 00-38 and Coastal Development Permit No. 00-10 shall become null and void unless exercised within one year of the date of final approval which is September 6, 2001, 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. 00-38 and Coastal Development Permit No. 00-10, 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 $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. State -mandated school impact fees shall be paid prior to issuance of building permits. 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. PC Minutes 8/22/00 19 (OOPCM822) C C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 27, 2000 A MOTION WAS MADE BY KERINS, SECONDED BY SHOMAKER, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JUNE 27, 2000 AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Livengood NOES: None ABSENT: None ABSTAIN: Biddle, Speaker C-2 PLANNING COMMISSION MINUTES DATED JULY 11, 2000 A MOTION WAS MADE BY SPEAKER, SECONDED BY MANDIC, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JULY 11, 2000 AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None C-3 PLANNING COMMISSION MINUTES DATED JULY 25, 2000 A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JULY 25, 2000 AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood NOES: None ABSENT: None ABSTAIN: Speaker C-4 PLANNING COMMISSION MINUTES DATED AUGUST 8, 2000 A MOTION WAS MADE BY KERINS, SECONDED BY SHOMAKER, TO APPROVE THE PLANNING COMMISSION MINUTES DATED AUGUST 8, 2000 AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood NOES: None ABSENT: None ABSTAIN: Speaker PC Minutes 8/22/00 20 (OOPCM822) D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES NONE E-1 PLANNING COMMISSION SUBCOMMITTEE REPORTS NONE E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Shomaker — asked staff to investigate using the beach parking lots for valet parking services. Staff stated they would report back. Commissioner Kerins — asked staff if they were aware of a sign ever being posted outside the chambers stating there would be no public input as stated by a public speaker earlier. Staff stated that they were not aware of any such sign being posted. Commissioner Kerins also asked staff to report back and keep them updated on the desalinization plant being discussed for the city. Staff stated they would. Commissioner Mandic — asked staff if there was a reason that the City Council had more back up information regarding the Downtown Master Parking Plan review. Staff stated that it was not intentional and they would look at both packets to review any discrepancies and report back. Commissioner Chapman — requested that Public Works schedule a meeting with him to discuss the report regarding the Ellis/Goldenwest equestrian crossings. Public Works staff stated they would do so. Commissioner Biddle — asked staff to investigate the code enforcement issues being reported at Pegasus School. Staff stated they were already in contact with both parties and working on a resolution. Commissioner Livengood — requested staff to review moving the entry back further along Park Street for the Police Department Parking Lot Project. E-3 RESOLUTION OF APPRECIATION TO KIM LANGEL, ADMINISTRATIVE ASSISTANT A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE RESOLUTION OF APPRECIATION TO KIM LANGEL AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None PC Minutes 8/22/00 21 (OOPCM822) 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 - stated that the September 12, 2000 Planning Commission meeting would be cancelled due to lack of items and reviewed items for the September 26, 2000 Planning Commission Meeting. G. ADJOURNMENT: Adjourn to the September 26, 2000 Planning Commission meeting. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO ADJOURN TO A 5:15 PM STUDY SESSION ON SEPTEMBER 26, 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 /rmk APP VED B 114—� 'ydhi"d H ward Zelefsky, Secretary flanning o i6ion Chairperson PC Minutes 8/22/00 22 (OOPCM822)