HomeMy WebLinkAbout2002-03-12MINUTES
Huntington Beach Planning Commission
Tuesday, March 12, 2002 -
Huntington Beach Civic Center
2000 Main Street, Huntington Beach, California 92648
Study Session
Room B-8
.5:15 p.m.
1. 5:15 p.m. Review of the General Plan (Recreation & Community Services,
Environmental Resources/Conservation & Environmental Hazards)
Mary Beth Broeren
2. 5:30 p.m. Zoning Text Amendment / Religious Assembly (Ellis - Goldenwest
Specific Plan) - Mary Beth Broeren
3. 5:45 p.m. Southeast Coastal Draft Redevelopment Plan & EIR = Rosemary Medel
4.
6:00
p.m.
Growth Management Element — Ricky Ramos
5.
6:15
p.m.
Agenda Review — Herb Fauland
6. 6:20 p.m. Planning Commission Inquiries/ Future Study Session Items/ Maior
Projects Update — Herb Fauland
7. 6:25 p.m. Public Comments - Bill Holman, PLC Land Company, spoke regarding
- Agenda Item B-2.
Regular Meeting
City Council Chambers
7:00 p.m.
PLEDGE OF ALLEGIANCE
P P P P -P P: -P
ROLL CALL: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
PRESENTATION OF RESOLUTION NO. 1569, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, EXPRESSING
APPRECIATION TO OUTGOING COMMISSIONER BILL BORDEN
Chairperson Shomaker presented Resolution No. 1569, expressing the Commission's
appreciation to outgoing Commission Member Bill Borden.
PC Minutes
March 12, 2002
Page 2
AGENDA APPROVAL
A. ORAL COMMUNICATIONS
None.
B. PUBLIC HEARING ITEMS
B-1. TENTATIVE TRACT MAP NO. 155491 COASTAL DEVELOPMENT PERMIT
NO. 01-231 CONDITIONAL USE PERMIT NO. 01-75 WITH SPECIAL
PERMITS, AND ADDENDUM #2 TO SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT NO.82-2 (WATERFRONT RESIDENTIAL - CONTINUED
FROM FEBRUARY 26, 2002 WITH PUBLIC HEARING OPEN); Applicant: The
Robert Mayer Corporation Reguest: - TTM: To permit the subdivision of
approximately 22.6 gross acres of land into 21 numbered lots and 28 lettered
lots for the purpose of developing 184 attached multi -family residential units.
The tentative map also includes a one -acre parcel containing a degraded
wetland and a 2.4-acre parcel proposed as a buffer between the degraded
wetland and the proposed residential development. COP: To permit the
construction of a 184-unit multi -family residential project within the coastal zone.
The request also includes: 1) water, quality improvements within the buffer area.,
adjacent to the degraded wetland; and 2) a berm separating the buffer area and
improvements from the degraded wetland. CUP: To permit the construction of
184 attached multi -family residential units within District 8, High Density
Residential, of the Downtown Specific Plan. The request also includes: 1) on -
site grading of approximately 200,000 cubic yards of fill; 2) development on a
site with a grade differential of greater than three (3) feet; and 3) retaining walls
greater than two feet and up to five feet along the southerly (Pacific View Drive)
property line; and 4) Special Permits: To permit: a) a reduction in the minimum
area and minimum dimensions for the required private open space; b) to allow
six-foot high block walls to encroach within the required 25 foot setback along
Beach Boulevard and the required 20 foot setback along Pacific View Drive; and
c) to allow a 17-foot setback in lieu of the required 20-foot setback for one unit
located at the terminus of Sunrise Drive. ASEIR: Evaluates the proposed
project based on minor modifications to the previously certified Supplemental
Environmental Impact Report (SEIR) No. 82-2 in compliance with the California
Environmental Quality Act.- The addendum -describes the modifications to the
project including the preservation of the Wetlands and the reduction in density,
and compares the environmental impacts of the current revision with impacts
described in SEIR No. 82-2. Location: 21462 Pacific Coast Highway (west side
of Beach Blvd., approximately 800 feet north of Pacific Coast Highway) Project
Planner: Paul DaVeiga
Tentative Tract Map No. 15549 request:
- Condominium subdivision map for 184 multi -family attached units on a
-22.6-acre-site. ,
- 21 numbered lots and 28 lettered lots -including private streets and
common open space areas.
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PC Minutes
March 12, 2002
Page 3
- Lettered lots include a one -acre parcel containing a degraded wetland
and a 2.4-acre parcel proposed as a buffer between the degraded
wetland and the proposed residential development.
Coastal Development Permit No. 01-23/Conditional Use Permit No. 01-75
with Special Permits request:
Construct a phased 184 multi -family attached unit, two and three story,
residential project within the Downtown Specific Plan, District 8, High
Density Residential
- Development on a site with a grade differential_ of greater than three (3)
feet
On -site grading of approximately 200,000 cubic yards of fill
Retaining walls greater than two feet and up to five feet along the
southerly property line
To construct water quality improvements within the buffer area adjacent
to the degraded wetland
To construct a berm separating the buffer area and improvements from
the degraded wetland
Special Permit: -A reduction in the minimum area and minimum
dimensions for the required private open space for the Courtyard units
Special Permit: Six-foot high block walls to encroach within the required
setbacks along Beach Boulevard and Pacific View Drive
Special Permit: 17-foot setback in lieu of the required 20-foot setback for
one unit located at the terminus of Sunrise Drive.
Staffs Recommendation: Approve Tentative Tract Map No. 15549, Coastal
Development Permit No. 01-23, and Conditional Use Permit No. 01-75 with
Special Permits, with modifications based on the following:
The project, as conditioned, is consistent with the Downtown Specific
Plan goals and policies by providing development that is consistent with
surrounding land uses.
The project is consistent with the General Plan Land Use Element
designation of Residential High Density on the subject property.
The project is consistent with the Local Coastal Program as it does not
impact public access or recreational opportunities in the Coastal Zone.
Grading, including the import of fill on the property, is consistent with
FEMA requirements by raising"the grade one foot above the base flood
elevation.
The drainage improvements in the buffer area will provide a natural
water quality filtration system for site runoff.
- The Special Permits will not be detrimental to the health, safety, and
convenience of the neighborhood as enhanced perimeter landscaping
and unique architecture will be integrated into the development.
Staffs Suggested Modifications:
Coastal Development Permit No. 01-23/Conditional Use Permit No. 01-75
with Special Permits
- Provide a 10 foot setback for two units along the main interior loop road
to allow for a greater setback from the curb and provide adequate vision
clearance for safety purposes
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PC Minutes
March 12, 2002
Page 4
Provide a children's play area within required common open space
Decorative paving at all entrances to private alleys
- Public art shall be required
Staff made a presentation to the Commission.
Question's/Comments included:
• Clarification of documents related to the transfer of Parcel "AA"
• Affordable housing obligations as required in the Disposition and
Development Agreement
• Concerns by the developer regarding the grading plan (Public Works to
respond)
• Applicants request to modify the "public art", condition of approval
• Redevelopment Agency's affordable housing requirements and tax
increment
• Property setbacks for Seaside Village development
• Similar window treatments for the Courtyard and Paseo units
• Possibility of a pedestrian access gate near entrance or exit of
development
• Actual density of developriment (9.6 units peracre)
• Public parking on Pacific View Drive (guest parking only on site)
• Wetland water supply'analysis (Public Works)
• Oil well responsibility (Redevelopment Agency)
• Two (2) 3-way, intersections within the loop road system (site distance
addressed by Public Works) -
THE PUBLIC HEARING WAS OPENED:
Rob Jason, Waterfall Circle, spoke in support of the item. He provided the
Commission written communication that discussed degraded wetland funding,
sidewalk placement along Beach Boulevard near the.wetland property, storm
drain capacity related to Seaside Village Condominiums, pedestrian crossing at
Beach Boulevard and Pacific View (sidewalk on north side), project elevation
and property setback figures,
Joyce Riddell, Chamber of Commerce, spoke in support of the item. She
stressed the importance of multi -family residential units near the ocean and
discussed the long-term economic benefits the proposed development will bring
to Huntington. Beach. She applauded The Mayer Corporation for a quality
project.
Lary Brose, applicant, spoke in support of the item., He thanked staff for
working closely with The Mayer Corporation and discussed some of the projects
features, including its Mediterranean theme, sidewalks set back from the street,
increased open space, and preservation of the wetland property. He explained
the transfer of property ownership for the wetland property to the
Redevelopment Agency. He expressed The Mayer Corporation's desire to
maintain flexibility in proposing public art visible from the street.
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PC Minutes
March 12, 2002
Page 5
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Discussion ensued. The Commission asked about the absence of a sidewalk
on the north side of Pacific View at Beach Boulevard. Staff explained that the
absence of sidewalk relates to the Hyatt Regency's plan to keep vehicular traffic
away from the proposed residential development.. It was mentioned that the
Hyatt Regency issued a bond for future sidewalk placement if the need arises.
The Commission and staff discussed the private, open space area in front of the
Paseo units.
The Commission voiced concerns about the exterior differences between the
Paseo and Courtyard units, the Courtyard being too bland. Steve Bone,
representing The Mayer Corporation, explained that the architect's intent was to
provide two (2) distinct products..
The Commission inquired about property setbacks. '
The Commission asked what the typical home buyer's age would be. Larry
Brose, applicant, stated that the development is expected to attract a broad
range of buyers.
The Commission asked if bus stops were included for transportation of
elementary school age children. Staff responded that bus stops were not
proposed.
Staff explained to the Commission that sidewalk placement on the north side of
Pacific View may cause mid -block crossing, creating a safety hazard. The
Commission inquired about the possibility of placing a stop sign at Dolphin and
Pacific View:.
The Commission asked staff to respond to concerns voiced earlier regarding
storm drain capacity affecting the Seaside Village Condominiums. Staff
responded that the site is balanced, and issue was addressed when the plans
were first drawn.
It was mentioned;that the fencing along the perimeter of the wetland and buffer
area would be brought before the Design -Review Board for approval.
The Commission asked who is responsible for keeping the wetland area free of
trash and debris. Staff responded that the Redevelopment Agency is
responsible for property maintenance.
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PC Minutes
March 12, 2002
Page 6
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO
APPROVE TENTATIVE TRACT MAP N0:15549 / COASTAL DEVELOPMENT
PERMIT NO. 01-231 CONDITIONAL USE PERMIT NO.01-75 WITH SPECIAL
PERMITS AND ADDENDUM #2 TO SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT NO.82-2 (WATERFRONT RESIDENTIAL) WITH REVISED
FINDINGS AND MODIFIED CONDITIONS OF APPROVAL.
Discussion ensued with no vote on the above -motion.
IN ORDER TO ENCOURAGE USE OF PUBLIC ART AS SUGGESTED WITHIN
THE C17Y'S URBAN DESIGN GUIDELINES; A MOTION WAS MADE BY
KERINS, SECONDED BY HARDY, THAT THE CONDITION OF APPROVAL
RELATED TO PUBLIC ART REMAIN UNCHANGED BY THE FOLLOWING
VOTE:
AYES:' Kerins, Hardy, Livengood, Kokal, Porter
NOES: Mandic, Shomaker
ABSENT: None
ABSTAIN: None
MOTION PASSED
THE CHAIRPERSON CALLED FOR A VOTE ON THE ORIGINAL MOTION
MADE BY LIVENGOOD, SECONDED BY MANDIC, TO APPROVE TENTATIVE
TRACT MAP NO. -155491 COASTAL DEVELOPMENT PERMIT NO.01-231
CONDITIONAL USE PERMIT NO.01-75 WITH SPECIAL PERMITS AND
ADDENDUM #2 TO SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
NO.82-2 (WATERFRONT RESIDENTIAL) WITH REVISED FINDINGS AND
MODIFIED CONDITIONS OF APPROVAL BY -THE FOLLOWING VOTE:
AYES:
Mandic, Kerins, Hardy, Shomaker, Livengood,-Kokai, Porter
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
A MOTION WAS MADE BY HARDY TO CONSTRUCT A SIDEWALK ON THE
NORTH SIDE 'OF PACIFIC VIEW. WITH LACK OF'A SECOND, THE MOTION
FAILED.
The Commission suggested that staff include within the Planning Commission
Inquiry Log Commissioner Hard)(s suggestion to initiate action regarding
sidewalk construction on the north side of Pacific View in order to monitor its
future significance. Staff confirmed.
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PC Minutes
March 12, 2002
Page 7
FINDINGS FOR APPROVAL — TENTATIVE TRACT MAP NO. 15549:
Tentative Tract Map No. 15549 for the subdivision of 22.6 net acres for the
development of a 184 multi -family residential units is consistent with the
General Plan Land Use Element designation of Residential High Density on
the subject property, and the Downtown Specific Plan, or other applicable
provisions of this Code, except for the exceptions to private open space,
grade differential, and retaining wall heights requested. Based on the
density of the project; which is 9.6 units per acre and the housing product,
which is attached as required within District 8 of the Downtown Specific
Plan, the development and subdivision will be consistent with the General
Plan and the Downtown Specific Plan.
2. The site is physically suitable for the type and density of development. The
project site is generally flat and able to accommodate the type of
development proposed from a circulation and drainage standpoint. The site
is required to be elevated one foot above the base flood elevation in
compliance with FEMA's requirements for new construction in an A-99 flood
zone and therefore requires approximately 200,000 cubic yards of fill The
proposed fill and grade will permit the site to be developed consistent with
adopted plans and will result in a density of 9.6 units per acre which is well
below the maximum allowable density on the subject site which is 30 units
per acre.
3. The design of the subdivision or the proposed improvements will not cause
serious health problems or substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. The site has
previously been used for residential uses and does not contain habitat for
wildlife or fish. The existing on -site degraded wetland will be preserved and
deeded to the Redevelopment Agency, therefore, development of the site
results in the preservation of an existing degraded wetland and the
remainder of the site would not substantially or avoidably affect fish or
wildlife habitat as none currently exists on the subject site.
4. The design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision unless altemative easements,
for access or for use, will be provided. No existing easements for the public
at large will be affected by the project. 'The project will provide required
sidewalks and access along Beach Boulevard and Pacific View Drive
between the multi -family residential development to the north and Pacific
Coast Highway to the south.
5. The Planning Commission finds that the project. will not have any significant
effect on the environment based on the previously certified Supplemental
Environmental Impact Report (SEIR) No. 82-2 and Addendum #2 to SEIR
No. 82-2 which provide mitigation measures that can be. implemented to
address potential impacts to the projects future residents from noise and air
quality.
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March 12, 2002
Page 8
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.01-23:
1. Coastal Development Permit No. 01-23 for the development of a 184-unit
multi family residential project within the appealable jurisdiction of the
coastal zone and to allow water quality improvements in the buffer area
adjacent to the degraded wetland, as modified by conditions of approval,
conforms with the General Plan, including the Local Coastal Program. The
project layout is consistent with the Residential High Density land use
designation on the property and the Downtown Specific Plan.
2. The project is consistent with the requirements of the CC Overlay District,
the base zoning district, as well as other applicable provisions of the
Municipal Code. The proposed development complies with all development
standards -except for the increased'retaining wall heights, grade differential
in excess of three feet, and the import of 200,000 cubic yards of fill. The
development will be in compliance with FEMA, which requires that the site
be elevated one foot above the base flood elevation as it is located within an
A-99 flood zone.
3. At the time of occupancy the proposed development can be provided with
infrastructure in a manner that is consistent with the Local Coastal Program.
The proposed project will provide -all required infrastructure consistent with
the Local Coastal Program and City requirements.
4. The development conforms with the public access and public recreation
policies of Chapter 3 of the California Coastal Act. The project will not
impact existing public access or recreation opportunities in the coastal zone
as none exist on the project site. In addition, a public sidewalk will be
constructed along the easterly property line providing a pedestrian
connection to Pacific Coast Highway.
5: The transfer of ownership of Parcel AA of Tentative Tract Map No. 15549
containing the, degraded .69-acre wetland to'the Redevelopment Agency of
the City of Huntington Beach will not result in any adverse impacts to coastal
resources as it results in the preservation of an existing degraded wetland
consistent with the Coastal Act.
FINDINGS -FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-76:
1. Conditional Use Perr lit No. 01-75 for the establishment, maintenance and
operation of the 184-unit multi -family development, retaining walls up to five
feet in height, a grade differential of greater than three feet, and the import
of approximately 200,000 cubic yards of fill will not be detrimental to the
general welfare of'persohs working or residing in'the vicinity or detrimental
to the value"of the property and improvements -in the neighborhood. Based
upon the grade -differential and on -site landscape treatments, the retaining
walls will not adversely impact the property owners that will reside within the
Waterfront Residential development, nor will it impact the surrounding area.
The project will be graded to minimize drainage impacts while complying
with the flood requirements of the A-99 flood zone as required by FEMA.
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PC Minutes
March 12, 2002
Page 9
The proposed grade differential to adjacent residential properties will be
mitigated through the use of substantial landscaped setbacks and tree
requirements.
2. The conditional use permit will be compatible with surrounding uses through
the use of colors, material, and design elements that are consistent with the
Mediterranean theme established in the Downtown and on adjacent
properties. The projects architecture, walls and fencing, and perimeter
landscaping is designed with consistent colors, materials, and design with
similar architecture, colors, and materials as the residential units to the
north, as well as the hotel development to the south..
3.. The proposed 184-unit multi -family residential project will comply with the
provisions of the base district and other applicable provisions in Titles 20-25
of the Huntington Beach Zoning and Subdivision Ordinance and any specific
condition required for the proposed use in the district in which it would be
located, with exceptions to Special Permits, retaining wall heights, grade
differential, and import of fill material which will be approved concurrently.
The walls are consistent with the City's Design Guidelines, which call for
offsets in walls and enhanced landscaping along street edges. Furthermore,
the project is consistent with the Waterfront resort and hotel development to
the south of the site, and the Seaside residential development and Pacific
Mobile Home Park located to the north of the site. The proposed units are
predominately two stories in height with some elements in the Courtyard
units providing a third story. The majority of residential units to the north of
the site are two-story, therefore, the development is consistent with existing
heights and compatible based on architecture and unit types.
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
Residential High Density on the subject property. In addition, it is consistent
with the following goals and policies of the General Plan:
Policy 9.2.1: Require that all new residential development within existing
residential neighborhoods (i.e., infill) be compatible with existing structures,
including the use of building heights, grade elevations, orientation and bulk
that are compatible with the surrounding development.
Policy 9.1:3: -Require that multi -family residential projects be designed to
convey a high level of quality and distinctive neighborhood character
including separate and well-defined entries to convey the visual character of
individual identity for each residential unit, which may be accessed from
exterior facades, interior courtyards, -and/or common areas.
The proposed multi -family project is compatible with the existing
development in the surrounding neighborhood based on the height and bulk
of the units that will range from approximately 26 feet to 35 feet in total
height. The proposed height and massing is consistent with the adjacent
properties to the north and to the east. The development will feature two
housing product types with varying architectural elements and providing for
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PC Minutes
March 12, 2002
Page 10
well-defined entry features.' There are a total of nine different elevations,
and three different styles of architecture that provide entries from courtyards,
archways, and common open space areas. The proposed density for the
project is 9.6 units per acre, which is under the maximum allowable density
of 30 units per acre on the subject site.
FINDINGS FOR APPROVAL — SPECIAL PERMITS:
1. The granting of Special Permits (pursuant to Section 4.1.02 of the DTSP) in
conjunction with Conditional Use Permit No. 01-75; represents a request for
the following:
a. To allow a reduction in the minimum area and minimum dimensions for
the required private open space in the Courtyard units
b. To allow six-foot block walls within the required setbacks along Beach
Boulevard and Pacific View Drive.
c. To allow a 17-foot setback in lieu of the required 20-foot setback for one
unit located nearest to the terminus of Sunrise Drive.
These Special Permits result in a greater benefit to the project and will
promote a better living environment since the common open space and
private open space provided far exceeds the minimum required by the
Downtown Specific Plan.
2. The granting of Special Permits will provide better land planning techniques
with maximum use of aesthetically pleasing types of architecture,
landscaping,'site layout and design. The Courtyard unit product is unfamiliar
to the City of Huntington Beach and represents a unique attached housing
product that does not currently exist in the* City. The granting of the special
permit for reduced private -open space dimensions will take into
consideration the courtyard area as a semi -private open space are for
residents within each unit cluster.
3. The granting of Special Permits will not be detrimental to the general health,
welfare, safety, and convenience of the neighborhood or City in general, nor
detrimental or injurious to the value of property or improvements of the
neighborhood or of the City- in general. Based upon the conditions imposed,
adequate private and common open space is provided throughout the site
and perimeter wall and landscapingis consistent with surrounding
properties. - , ' . .1.
4. The granting of Special Permits will be consistent with objectives of the
Downtown Specific Plan in achieving a development adapted to the terrain
and compatible with the surrounding environment. Enhanced landscaping
and entry design will be provided in lieu of maintaining required setbacks for
block walls and one unit located at the terminus of Sunrise Drive.
Substantial open space, exceeding that required by the Downtown Specific
Plan, is provided on -site.
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March 12, 2002
Page 11
5. The granting of Special Permits will be consistent with the policies of the
Coastal Element of the City's General Plan and the California Coastal Act.
6. The granting of Special Permits will not result in any violation of State or
Federal Law.
CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 15549:
1. The tentative map received and dated January 23, 2002 shall be the
approved layout.
2. Prior to submittal of the final map to the Public Works Department for
processing and approval by the City Council, the following shall be
required:
a. An Affordable HousingAgreementPlan shall be submitted for review
and approval to the Planning Department. The Redevelopment Agency
shall meet the requirement to provide for a minimum of 15 percent of the
housing units (28 units) as affordable at an off -site location or as stated
in the Amended and Restated Development Agreement, and Amended
and Restated Disposition and Development Agreement. A minimum of
40 percent of the 28 affordable units (minimum of 12 units) shall be
affordable to families of very low income for a period of 30 years through
recorded covenants. The remaining 16 units shall be affordable to
families of low and moderate -income levels (average 80% of the Orange
County median) for a period of 30 years. Said plan shall be executed
prior to issuance of the first building permit for the tract. The affordable
units shall be completed and available to the public, prior to final building
permit approval (occupancy) of the first home in the Waterfront
Residential development or as stated in the Amended and Restated
Development Agreement, and Amended and Restated Disposition and
Development Agreement. -
b. At least 90 days before City Council action on the final map, CC&Rs
shall be submitted to the Planning Department and approved by the City
Attorney. The CC&Rs shall reflect the common driveway access
easements, and maintenance of all walls and common landscape areas
by the Homeowners' Association. The CC&Rs shall also stipulate the
required payment amount to be collected by the Homeowner's
Association for deposit into a fund to be used by the City of Huntington
Beach for the purpose of paying all costs associated with long-term
maintenance of the buffer area (Lot BB). The CC&Rs must be in
recordable form prior to recordation of the map.
3. The following conditions of approval are required to be completed prior to
recordation of the final map unless otherwise stated. Bonding may be
substituted for construction in accordance with provisions of the Subdivision
Map Act. (PW)
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March 12, 2002
Page 12
a. The tentative map and associated engineering studies received and
dated January 23,2002 shall be the approved layout.
b. The developer shall negotiate with the appropriate school districts
With the intent to mitigate the impact on school facilities. The
Planning Department shall be provided with a copy of the
agreement prior to recordation of the final map. (PL) .
c. All vehicular access rights to Beach Boulevard, Sunrise Drive and
Pacific View Drive shall be released and relinquished to the City of
Huntington Beach except at locations approved by the Planning
Commission. (PW)
d. Hydrology and hydraulic studies for both on -site and off -site facilities
shall be submitted for Public Works review and approval. The
hydrologic and hydraulic analysis shall include, but not be limited to
piping sizes, domestic and fire flow requirements (for both proposed
and ultimate demand):. Runoff shall be limited to pre-1986 Q's,
which must be established in the hydrology study.. If the analyses
shows that the City's current drainage system cannot meet the
volume needs of the project runoff, the developer shall be required
to attenuate site runoff to an amount not to exceed the 25-year
storm as determined using pre-1986 design criteria. As an option,
the developer may choose to explore low -flow design alternatives, or
upgrade the City's storm water system to accommodate the impacts
of the new development; at no cost to the City. (PW)
e. The sewer and portions of the storm drain system located within the
private streets shall be private and maintained by the Homeowners
Association. (PW)
f. A qualified, Licensed Engineer, shall prepare a detailed soils and
geotechnical analysis. This analysis shall include Phase II
Environmental on -site soil sampling and laboratory testing of
materials to provide detailed recommendations for grading, chemical
and fill properties, liquefaction, foundations, landscaping, ground
water, retaining walls; pavement sections and utilities. (PW)
g. The Public Works Department shall review and approve the design
of the entry at Pacific View Drive, Twin Dolphin Drive, and Sunrise
Drive. (PW)
h. The main entrances at Twin Dolphin Drive and Sunrise Drive shall
be designed so that a standard delivery truck (SU-30) can turn
around in front of the gate using a three-point turn or better. (PW)
I. The Final Map and phased maps shall be consistent with the
approved Tentative Map. (PW)
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March 12, 2002
Page 13
j. A reproducible mylar copy and print of the recorded parcel map shall
be submitted to the Department of Public Works at the time of
recordation. (PW)
k. The engineer or surveyor preparing the final map shall comply with
Sections 7-9-330 and 7-9-337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18 for the
following item: (PW)
(1) Tie the boundary of the map into the Horizontal Control System
established by the County Surveyor.
(2) Provide a digital -graphics file of said map to the County of Orange.
(3) Provide a digital -graphics file of said map to the City per the following
design criteria:..
a. Design Specification:
i) Digital data shall be full size (1:1) and in compliance with the
California coordinate system — STATEPLANE Zone 6
(Lambert Conformal Conic projection), NAD 83 datum in
accordance with the County of Orange Ordinance 3809.
ii) .Digital data shall have double precision accuracy (up to
fifteen significant digits). -
iii) Digital data shall have units in US FEET.
iv) A separate drawing file shall be submitted for each individual
sheet.
v) Digital data shall be in compliance with the Huntington Beach
Standard Sheets, drawing names, pen color and layering
-conventions.
vi) Feature compilation shall include, but shall not be limited to:
Assessor's Parcel Numbers (APN), street addresses and
street names with suffix.
b. File Format and Media Specification:
i) . Shall be in -compliance with the following file format: AutoCAD
(version 13 or later) drawing file: _.DWG
ii) Shall be in compliance with the following media type: CD
Recordable (CD-R) 650 Megabytes
I. All improvement securities (Faithful Performance, Labor & Material and
Monument Bonds) and Subdivision Agreement shall be posted with the
Public Works Department and approved as to form by the City Attorney.
(PW)
m. A Certificate -of. Insurance shall be filed with the Public Works
Department and approved as to form by the City Attorney. (PW)
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n. The following shall be shown as a dedication to the City of Huntington
-Beach on the Final Map: (PW)
(1) 28-feet of right-of-way for street purposes on Sunrise Drive.
(2) 35-foot radius right-of-way. at the curb return for the southwest comer
of Beach Boulevard and Sunrise Drive.
(3) An easement (10-foot minimum) for access, maintenance and
operation of the storm drain located along the northwesterly
boundary of the property in conformance with City Standard Plan No.
300.
(4) A blanket easement over the private streets and access ways for
Police and Fire Department access purposes.
(5) The public water system and appurtenances shall be located within
the public right-of-way or within a public easement dedicated to the
City of Huntington Beach. Easements for waterlines within private
streets or access ways shall include the full width of paved areas.
Unless access -is restricted (by walls, structures, etc.), this easement
shall be a minimum total width of 10-feet clear (5-feet either side and
beyond the end of the water pipeline or appurtenance) of
unobstructed paved or landscaped surface (no surface features;
including structures; parking spaces, hardscape, trees, gates, etc.),
pursuant to Water Division standards. Where access is restricted,
the easement shall be a minimum width of 20-feet to allow for access
and maintenance operations, pursuant to Water Division standards.
(6) Access rights in, over, across; upon and through the private streets
and access ways for the purpose of maintaining, servicing, cleaning,
repairing, and replacing the water system.
(7) Access rights in, over, across, upon and through the private streets
and access ways for the purpose of maintaining, servicing, cleaning,
repairing, and replacing gross pollutant removal devices and
treatment train improvements adjacent to the wetlands buffer area.
(8) A 2-foot wide public utility easement along both sides of each private
street. ;
(9)- Lot BB to the City, in fee as a buffer area and vegetative filter area for
stormwater run-off.
o. The developer shall enter into a Special Utility Easement Agreement with
the City of Huntington Beach for maintenance and control of the area
within the (public) water pipeline easement, which shall address repair to
any enhanced pavement, etc. if the public water pipelines and/or
appurtenances require repair or maintenance. The HQA shall be
responsible for repair and replacement of any enhanced paving
damaged due to work performed in the maintenance and repair of any
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Page 15
water pipeline. (PW1)
p. All Public Works fees shall be paid in conformance with the
Development Agreement. (PW )
q. Lot AA, which contains the degraded wetland, shall be deeded in fee to
the Redevelopment Agency pursuant to the Settlement Agreement and
-Open Space/Wetland Preservation and Restoration Deed Restriction
executed on November 20, 2000.
4. The following conditions are required to be completed prior to issuance of
Grading Permits:
a. A Grading Plan, prepared by a Licensed - Civil Engineer, shall be
submitted to the Public Works Department for review and approval. (PWl)
b. Private sewer improvements, including laterals up to each dwelling unit,
for reference only. (PW1)
c. Separate - backflow protection devices shall be installed, per Water
Division standards for all multi -family residential domestic water services,
dedicated fire services, and irrigation services.
d. Sewer shall be rerouted from Lot C north of Lot L to flow southerly in Lot
D to Lot M and out to Beach Boulevard. (PWI)
e. Improvement Plans, prepared by a Licensed Civil Engineer shall be
submitted to the Public Works Department for review and approval. The
following public improvements shall be shown on the plan: (PWI)
(1) A water pipeline (minimum 12-inches) per Water Division standards
in Beach Boulevard, starting from the point of connection to the
existing 18-inch water pipeline in Pacific View Avenue and
connecting to the existing 8-inch water pipeline in Sunrise Drive
(approximately 1100 feet).
(2) Edison -owned street lighting along Beach Boulevard between
Sunrise Drive and approximately 100 feet n/o Lot N and all other
street lighting for the tract, in accordance with Public Works
Standards. Lighting calculations shall be submitted for review and
approval.
(3) Curb, gutter and sidewalk along the Beach- Boulevard frontage from
Sunrise to Pacific View, per CalTrans' Standards.
(4) An ADA compliant access ramp at the southwest comer of Sunrise
Drive and Beach Boulevard.
(5) Full -width street improvement for Sunrise Drive.
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(6) Full -width street improvements for Pacific View in conformance with
the revised Precise -Plan of Street Alignment, 98-1, Ordinance #3406.
(7) The quantity and placement of domestic water services, meters and
other appurtenances shall meet Water Division approval. The
- number of domestic water meters and services serving the
development shall be minimal, -and shall be sized to meet the
minimum requirements set by the California Plumbing Code (CPC)
and Uniform Fire Code (UFC), if applicable. New domestic water
service(s) shall be a minimum of 1-inch in size. Meters serving more
than one dwelling unit shall be addressed in the Homeowners
Association CC&Rs for billing and maintenance beyond the primary
meter.
(8) Each separate Homeowners Association (HOA) and/or public
common landscaping area(s) shall have a separate irrigation water
service(s), meter(s) and backflow protection device(s). The meter(s)
shall be sized to meet the minimum requirements set by the
California Plumbing Code (CPC). New irrigation water service(s)
shall be a minimum of 1-inch in size. An appropriate Homeowners
Association agreement with CC&Rs shall be instituted to provide for
the billing and maintenance of any common area landscape
irrigation.
f. Storm Drain and Water Quality Management Plans (WQMP's)
conforming with current NPDES requirements, prepared by a Licensed
Civil Engineer, shall be submitted to Public Works for review and
approval. Catch basins shall be grated and not have side openings. If
feasible, runoff from Sunrise Drive shall be directed to the buffer around
the wetlands parcel. The storm drain design within Parcel BB shall
incorporate the following: (PW)
(1) To the greatest extent feasible,. low flow urban runoff from the north
and westerly side of the property shall be directed to the buffer area
around the wetlands parcel without exceeding allowable maximum
flow volume to properties southeasterly of Beach Boulevard.
(2) Gross pollutant removal devices (CDS or equivalent) for the removal
of debris, sediment, oil and water separation, etc., shall be installed
as part of the treatment train prior to. entering the buffer area
adjacent to the wetland parcel. Access to these devices for
maintenance shall be provided and included within an easement to
the city. - � . - . f . - :
(3) The. landscape palate plan shall be reviewed by an independent
professional biologist selected and retained by the city. All costs
associated with this review shall be reimbursed by the developer.
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(4) A Water Quality Management Plan shall be maintained and updated
as needed to satisfy the requirements of each phase of the
development. The plan shall incorporate water quality measures for
all improved or unimproved phases of the project. All WQMP's shall
be sized to infiltrate, filter, or treat the 85-percentile 24-hour storm
event or the maximum flow rate of runoff produced from a rainfall
intensity of 0.2 inches per hour. The WQMP shall include an
extensive HOA education program, including information booklets
and packages for each homeowner, and periodic informational
programs to keep owners current with WQMP requirements.
(5) A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared
and updated as needed to satisfy the requirements of each phase of
the development during construction. The plan shall incorporate all
necessary BEST Management Practices and other City requirements
to eliminate polluted runoff.
(6) Gradients of less than 2% shall not be permitted in earthen swales.
- (7) Once the final design plans have been prepared, an irrevocable trust
fund shall be established with an initial amount of $30,000 naming
.the City of Huntington Beach as Trustee. This fund shall be for the
purpose of funding and paying the cost of maintenance, inspections,
maintain vector countermeasures,. cleanup, operation, monitoring,
sampling, replacement planting, plant harvesting, sediment and
gross pollutant removal of the buffer area (Lot BB of TTM No. 15549)
as provided by the City and its agents. The developer, or the Home
Owner's Association (HOA) as successor, shall be responsible for
maintaining this fund through payments on a yearly basis. The
Covenants, Conditions and Restrictions (CC & R's) for the HOA shall
be reviewed and approved by Public Works prior to occupancy of the
first unit. This requirement shall be explicitly defined in an agreement
with the developer, and in the CC & R's for the HOA, and shall be
binding as long as the buffer area is in place. Once adopted, this
provision in the agreement or the CC & R's shall not be altered,
amended or deleted without prior approval from the City of
Huntington Beach Public Works Department.
g. Traffic Control Plans, prepared by a Licensed Civil or Traffic Engineer,
shall be, submitted to Public Works and CalTrans for review and
approval, for work within City's right-of-way and Beach Boulevard, if
there are any utility connections in Beach Boulevard. (PW)
h. , A Landscape and Irrigation Plan,, prepared by a licensed Landscape
Architect, shall be submitted to Public Works for review and approval by
the Park, Tree and Landscape Division. The Developer shall submit
irrigation demands to.ensure proper irrigation service sizing. (PW)
L A detailed soils analysis shall be prepared by a registered engineer.
This analysis shall include on -site soil sampling and laboratory testing of
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Page 18
materials to provide detailed recommendations for grading, chemical and
fill properties- retaining walls, streets, utilities, dewatering, protection of
adjacent existing structures, landscaping, and liquefaction requirements.
Said report shall certify that post development ground water conditions
shall not be affected or affect improvements. (PW)
j. If soil remediation is required, 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. The plan shall include methods to minimize
remediation-related impacts on the surrounding properties; details on
how all drainage associated with the remediation efforts shall be retained
on site and no wastes or pollutants shall escape the site; and shall also
identify wind barriers around remediation equipment. (PW)
k. The name and phone number of an on -site field supervisor hired by the
developer shall be submitted to the Departments of Planning and Public
Works. In addition, clearly visible signs shall be posted on the perimeter
of the site and along the northerly property line, every 250 feet,
indicating who shall be contacted 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 applicant's contact
number, City contact (Sudi Shoja (714) 536-5517) regarding grading and
construction' activities, and "1=800-CUTSMOG" in the event 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 feet
of the -perimeter of the property of a tentative grading schedule at least
30 days prior to such grading. (PW)
m. The developer shall coordinate the development of a truck haul route
with the Department of Public Works if the import or export of material is
required. This plan shall include the approximate number of trunk 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)
n. - The applicant's grading/erosion'control plan shall abide by the provisions
of AQMD's Rule '403 as Belated to fugitive dust control. (PW)
n. Provide or reference a Fire Department approved Remedial Action Plan
(RAP) based on requirements found in the City of Huntington Beach Soil
Cleanup Standard, City Specification #431-92. (FD)
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o. From the Division of Oil, Gas & Geothermal Resources (DOGGR),
provide or reference a Permit to Conduct Well Operations for all onsite
active/abandoned oil wells. (714) 816-6847. (FD)
p. From the DOGGR, provide or reference proof of a Site Plan Review
application. (FD)
q. Obtain or reference a Huntington Beach Fire Department Permit to
Abandon Oil Welland follow the requirements of City Specification #422-
Oil Well Abandonment Process. (FD)
r. At least 30 days prior to any grading activity, notification to all property
owners and tenants within 300 feet of the perimeter of the property of a
tentative grading schedule shall be completed. -
s. The developer shall coordinate the development of a truck haul route
with the Department of Public Works 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.
t. _ A grading/erosion control plan shall be completed and must abide by the
provisions of AQMD's Rule 403 as related to fugitive dust control; and
provide a plan to the Department of Public Works indicating such
compliance.
u. Block wall/fencing plans (including a site plan, section drawings, 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 avoided to
the greatest extent feasible. Applicant shall coordinate with adjacent
property owners and make reasonable attempts to construct one
common property wall. If coordination between property owners cannot
be accomplished, the applicant shall construct a six (6') foot high wall
located entirely within the subject property and with a maximum two (2)
inch separation from the property line. Prior to the construction of any
new walls, a plan must be submitted identifying the removal of any
existing walls located on the subject property. Any removal of walls on
private residential property and construction of new common walls shall
include approval by property.owners of adjacent properties. The plans
shall identify materials, seep holes and drainage.,
v. A supplemental geotechnical investigation based on the specific
proposed design shall be performed to confirm subsurface conditions
(liquefaction hazard zones and groundwater levels), and provide
supplemental recommendations, as appropriate, for the final design of
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Page 20
each structure and for the proposed residential development. (Mitigation
Measure)
w. If verified as being required by a qualified soils engineer, existing fill
materials and disturbed, loose soils shall be removed and replaced with
competent material.. For each phase, such reports shall be submitted to,
and approved by, the City Engineer prior to issuance of grading permits.
All site preparation, excavation and earthwork compaction operations
shall be performed under the observation and testing of soils
engineer(s). (Mitigation Measure)
x. Prior to any alteration of the overall project site by grading or filling
activity, the developer, shall conduct a hydrological analysis of the
drainage patterns affecting the on -site wetland area or adjacent wetland
area. Such analysis shall determine the drainage effects on the wetiand
portion of the site. No development, grading or alteration of the project
site shall occur which affects the wetlands or adjacent wetlands without
fully analyzing the affects on the on
wetland and adjacent wetlands.
The developer shall provide evidence to the City and to the department
of Fish and Game that the project's runoff management system will
deliver approximately the same amount of freshwater urban runoff to
these wetlands as under existing conditions, and in approximately the
same seasonal pattem..This evidence shall include (a) a hydrological
analysis comparing the existing and post -project water supply, and (b)
drawings and a description of the runoff conveyance system in sufficient
detail for a qualified engineer to judge its adequacy. The State
Department of Fish and Game shall be consulted regarding alteration of
the drainage pattern of the site, which may affect the above -mentioned
wetlands. The developer shall provide the Planning Department with a
written report substantiating compliance with this mitigation measure
prior to submittal of grading plans or permit issuance for each phase.
(Mitigation Measure)
y.. - If the developer proposes to increase or decrease the water supply to
the wetlands east of Beach Boulevard, or to change the seasonal
pattern, the developer shall provide; in addition to the evidence required
in the prior mitigation measure, a biological analysis to the Public Works
:. Department demonstrating that there would be no significant adverse
impacts on the wetlands or associated wildlife. (Mitigation Measure)
z. A Mitigation Monitoring Program; consistent with the requirements of the
California Environmental Quality Act (CEQA) shall be submitted for
review and approval by. the Planning Department. A Mitigation
Monitoring Fee -shall be, paid to the Planning Department prior to the
issuance of Grading Permits.
5. During demolition, grading; site development, and/or construction, the
following shall be adhered to: =
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a. Water trucks will be utilized on the site and shall be available to be used
throughout the day during site grading to keep the soil damp enough to
prevent dust being raised by the operations. (PW)
b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave
-the site no later than 5:00 p.m.,. and shall. be.limited to Monday through
Friday only. (PW)
c. Wet down the areas -that are to be graded or that are being graded, in
the late morning and after work is completed'for the day. (PW)
d. The construction disturbance area 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 dust from impacting the
surrounding areas. (PW)
f. 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)
g. Comply with appropriate sections" of AQMD Rule 403, particularly to
minimize fugitive dust and noise to surrounding areas. (PW)
h., Wind barriers shall be installed along the perimeter of the site. (PW)
i. Remediation operations, ' if - required, shall be performed in stages
concentrating in single areas afa time to minimize the impact of fugitive
dust and noise on the'surrounding areas. (PW)
j:.." Comply With-the'"Water Quality'Management Plan" requirements. (PW)
k. Discovery of additional contamination/pipelines, etc., must be reported to
the Fire Department immediately'and'the approved work plan modified
accordingly. (FD)
I. Construction equipment shall be maintained in peak operating condition
'to reduce emissions.-
M. Use low sulfur (0.5%) fuel by weight for construction equipment.
ri. • Truck -idling shall be prohibited for periods longer than 'l0 minutes.
o.-Attempt-to phase and schedule activities•to avoid high ozone day's first
stage smog alerts. -
p. Discontinue operation during second stage smog alerts.
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q. Ensure clearly visible signs are posted on the perimeter of the site
identifying the name and phone number of a field supervisor to contact
for information regarding the development and any construction/ grading
activity.
r.. Compliance with all Huntington Beach Zoning and Subdivision
Ordinance and Municipal Code requirements including the Noise
Ordinance. All activities including truck deliveries associated with
construction, grading, remodeling, or repair shall be limited to Monday -
Saturday 7:00 AM to 8:00 PM.. Such activities are prohibited Sundays
and Federal holidays. (Code Requirement)
s. Dust suppression measures, such as regular watering and early paving
of the roads shall be implemented by the project proponent at each
phase to reduce emissions during construction and grading. (Mitigation
Measure)
t. For each development phase of the project, if any archaeological or
historical materials are found during grading or construction, all work
shall cease immediately and a qualified archaeologist shall be contacted
in order that the appropriate mitigation measures can be taken.
(Mitigation Measure)
6. On -site parking shall be provided for all construction workers and equipment
unless approved otherwise by the Public Works Department.
7. The property owner is responsible for all required clean up of off -site dirt,
pavement damage and/or restriping of the public rights -of -way as
determined by the Public Works Department.
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE
TRACT MAP NO. 15549
1. Tentative Tract -No. 15549 shall not become effective until the ten -calendar
day appeal period has elapsed.
2. Tentative Map No. 15549, Coastal Development Permit No. 01-23, and
Conditional Use Permit No. 01-75 shall become null and void unless
exercised within two (2) years of the date of final approval, which is
February 26, 2004. An extension of time may be granted by the Planning
Director pursuant to a written request submitted to the Planning
Department a minimum 60 days prior to the expiration date.
3. 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.
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4. All applicable fees shall be paid from the Building, Public Works, and
Fire Departments fees prior to map recordation. (PW)
5. Park Land In -Lieu Fees shall be paid prior to approval of the final map
by the City consistent with the Amended and Restated Development
Agreement approved in 1998. :
CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.01-
21 AND CONDITIONAL USE PERMIT NO.01-75:
1. The site plan, floor plans and elevations received and dated December 4,
2001- shall be the conceptually approved layout with the following
modifications:.
a. A minimum 10-foot setback shall be maintained from the curb for two
-units located along the main segment of the loop road on Lot 20 as
identified on the tentative tract map.
b. A children's play area shall be provided within the common open space
-area in a location which is visible by residents of -the nearby units. The
location shall be subject to the approval of the Planning Director.
c. Decorative paving shall be provided at the entrances to all private alleys
and at all intersections within the loop road system. The decorative
pavement shall be -similar in colors and material to the paving at the
entrances to the development. (DRB)
d. All windows shall be located to minimize impacts to adjacent residential
units. The use of- obscure glass and offsetting of windows shall be
-required on elevations that provide direct views into adjacent residences
and private open space areas. (DRB) -
e. A 42-inch low wall or hedge shall be provided -at the end of all private
alleys located along the northerly property line.
f. Elevations shall depict colors and building materials proposed, as
approved by the Design Review Board on January 10, 2001.
g. Parking lot striping detail shall comply with Chapter 231 of the Zoning
and Subdivision Ordinance and Title 24, California Administrative
--'Code. (Code Requirement)
h. Depict all utility apparatus, such as but not limited to back flow devices
and Edison transformers on the site plan. Utility meters shall be
screened from view from public rights -of -way. - Electric transformers in a
required front or street side yard shall be enclosed in subsurface vaults.
Backflow prevention devices shall be prohibited in the front yard setback
and shall be screened from view. (Code Requirement)
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All exterior mechanical equipment shall be screened from view on all
sides. Rooftop mechanical equipment shall be setback 15 feet from the
exterior edges of the building. Equipment to be screened includes, but is
not limited to, heating; air conditioning, refrigeration equipment, plumbing
lines, ductwork and transformers. Said screening shall be architecturally
compatible with the building in terms of materials and colors. If
screening is not designed specifically into the building, a rooftop
mechanical equipment plan showing screening must be submitted for
review and approval with the application for building permit(s). (Code
Requirement)
j. Depict the location of all gas meters, water meters, electrical panels, air
conditioning units, mailboxes (as approved by the United States Postal
Service), and similar items on the site plan and elevations. If located on
a building, they shall be architecturally designed into the building to
appear as part of the building. They shall be architecturally compatible
with the building and non -obtrusive, not interfere with sidewalk areas and
comply with required setbacks.
k. If outdoor lighting is included, energy saving lamps shall be used. All
outside lighting shall be directed to prevent "spillage" onto adjacent
properties and shall be shown on the site plan and elevations.
I. Project data information shall include the flood zone, base flood
elevation, and lowest building floor elevation(s) per NGVD29 datum.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on
one of the first three pages of all the working drawing sets used for
issuance of building permits (architectural, structural, electrical,
mechanical and plumbing) and shall be referenced in the sheet index.
The minimum font size utilized for printed text shall be 12 point.
b. Names of streets shall be submitted to and approved by the Huntington
Beach Fire Department in accordance with Fire Dept. City Specification
No. 409. (FD)
c. Submit three (3) copies of the site plan and floor plans and the
processing fee to the Planning Department for addressing purposes
after street name approval by the Fire Department. (FD)
d. The Design Review Board shall review and approve the proposed
design, colors and materials for all fencing proposed around the
degraded wetland parcel and adjacent buffer areas. (DRB)
e. All Fire Department requirements shall be noted on the building plans.
(FD)
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f. - Residentialtype structures on the subject property,'whether attached or
detached, shall be constructed in compliance with the State acoustical
standards set forth for units located adjacent to Beach Boulevard that lie
within the 60 CNEL contours of the property: Evidence of compliance
shall consist of submittal of an acoustical analysis report and plans,
prepared under the supervision of a persort-experienced in the field of
acoustical engineering, with the application for building permit(s). The
_ - - acoustical analysis shall be conducted to document that the proposed
:six foot sound walls are adequate to reduce noise levels to 65dBA or
less in private outdoor living areas (i.e. patio areas) of residences only.
Additionally, the assessment shall identify the measures necessary to
insure that indoor noise levels will be 45dBA or less, as required by the
California Noise Insulation Standards: (Code Requirement/Mitigation
Measure) :
g. A detailed soils analysis shall be prepared by a Licensed 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. (BD)
h. An engineering geologist shall be engaged to submit a report indicating
the ground surface acceleration.from earth movement for the subject
property. All structures within this development shall be constructed in
compliance with the g-factors as indicated by the geologist's report.
Calculations for footings and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to the issuance of
building permits. (Code Requirement)
is Floor plans shall depict natural gas and 220V electrical shall be stubbed
in at the location of clothes dryers; natural gas shall be stubbed in at the
locations of cooking facilities, water heaters and central heating units.
j. Contact the United States Postal Service for approval of mailbox
location(s)..
3. The following conditions are required prior to issuance of building permits:
a. Submit a copy of the. revised, site plan, floor plans and elevations
pursuant to Condition No. 1 for review and. approval and inclusion in the
entitlement file to the Planning, Department and submit 8 inch by 10 inch
colored photographs of . all colored renderings, elevations, materials
sample board, and massing model to the Planning Department for
inclusion in the entitlement file.
b. A grading permit shall be issued. (PW) .
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c. The final Tract Map shall be recorded with the County of Orange. (PW)
d. All landscape planting, irrigation and maintenance shall comply with the
City Arboricultural and Landscape Standards and Specifications. (PW)
e. A Landscape Construction Set must be submitted to the Department of
'Public Works and approved by the Departments of Public Works and
Planning. The Landscape Construction Set shall include a landscape
plan prepared and signed by a State Licensed Landscape Architect
which identifies the location, type, size and quantity of all existing plant
materials to remain, existing plant materials to be removed and proposed
plant materials; an irrigation plan; a grading plan; an approved site plan
and a copy of the entitlement conditions of approval. The landscape
plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Any existing
mature trees 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 projecCs landscape plan. (PW) (Code Requirement)
f. For Fire Department approval, applicant must submit a site plan showing
all onsite abandoned oil wells accurately located and identified by well
name and API number, PLUS identify and detail all methane safety
measures per City Specification #429-Methane District Building Permit
Requirements. These details shall be on a separate sheet titled
"Methane Plan." (FD)
g. All onsite oil well abandonments must be Fire Department approved per
City Specification #429-Methane District Building Permit Requirements,
#422-Oil Well Abandonment Process, and all required abandoned oil
well document review/inspection fees must be paid. (FD)
h. To maintain required emergency access and site safety during project
construction phases, submit a Fire Protection Plan in compliance with
City Specification #426-Fire Safety Requirements for Construction Sites.
(FD)
i. Fire access roads shall be provided in compliance with City Specification
#401-Minimum Access for Fire Department Access. (FD)
j. Fire hydrants must be installed and be in service before combustible
construction begins. Fire Hydrant and Fire Department Connection
locations must be coordinated with the Fire Department and Water
Division. Shop drawings shall be submitted to the Public Works
Department and approved by the Fire Department. (FD)
k. An automatic fire sprinkler system shall be installed throughout. For Fire
Department approval, plans shall be submitted to the Building
Department as separate plans for permits. (FD)
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L` -A fire alarm system in compliance with Huntington Beach Fire Code is
required. -. For Fire Department approval, shop drawings shall be
submitted to Building as separate plans for permits. The system shall
provide water flow, tamper, and trouble alarms plus smoke detection,
one manual fire alarm pull station per building,- outside and interior
audible devices, and 24-hour central station monitoring. (FD)
M. Street names must be approved by the Fire Department. Please refer to
City -Specification #409-Street Naming- Process;'Public or Private. (FD)
n. All Fire Department requirements shall be noted on the building plans.
(FD)
o. An interim parking and building materials storage -plan shalt be submitted
to the Planning Department to assure adequate parking and restroom
facilities are available for employees; customers and contractors during
the project's--construction phase and that adjacent properties will not be
impacted by their location. The plan shall also be reviewed and
approved by the Fire Department and Public Works Department. The
applicant shall obtain any necessary encroachment permits from the
Department of Public Works.
p. A gated entryway (access control devices) plan shall be submitted to the
Planning Department. The -gated entryway shalt comply with Fire
Department Standard No. 403- In'addition, the gated entryway plan
shall be reviewed by the United States Postal Service. Prior to the
installation of any gates, such plan shall be reviewed and approved by
the Planning; Fire and Public Works Departments.
q. A copy of a Letter of Map Revision from the Federal Emergency
Management Agency (FEMA) removing the property(ies) from the
floodplain shall be submitted to the Planning Department for inclusion in
the entitlement file. Or submit a copy of completed FEMA Elevation
Certificate(s) based on construction drawings, or Flood proofing
Certificate in the case on a non-residential structure, for each building.
r. - An "Acceptance of Conditions" form shall be properly executed by the
applicant and an authorized representative of the owner of the property,
recorded with County Recorder's Office, and returned to the Planning
Department for inclusion in the entitlement file. -
S. All structures shall be designed in accordance with the seismic design
provisions of the Uniform Building Codes to promote safety in the event
of an earthquake. (Mitigation Measure)
t The developer shall provide screening to the Pacific Mobile Home Park
by means of a six-foot high block wall (the length of which to be
determined by further acoustical study) -on top of a one and one half foot
high berm. Substantial mature landscaping shall also be provided to the
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approval of the Planning Director. The purpose of this wall is for
aesthetic screening and noise attenuation. (Mitigation Measure)
4. The structure(s) cannot be occupied, the final building permit(s) cannot be
approved, and utilities cannot be released until the following has been
completed:
a. All landscape irrigation and planting installation shall be certified to be in
conformance to the City approved, landscape plans by the Landscape
Architect of record in written form to the City Landscape Architect prior to
the final landscape inspection and approval. (PW)
b. Applicant shall provide the City with Microfilm copies (in City format) and
CD (AutoCAD only) copy of complete City approved landscape
construction drawings as stamped "Permanent File Copy" prior to
starting landscape work. Copies shall be given to the City Landscape
Architect for permanent City record. (PW)
c. The final CC & R's for the HOA shall be reviewed and approved by
Public Works: (FD)
d. Security gates shall utilize strobe -switch activated, automated entry
gates and comply with- City Specification #403-Fire Access for
Pedestrian or Vehicular Security Gates. Courtyard and/or Paseo gates
shall have KNOX emergency access hardware. (FD)
e. Address numbers shall be installed to comply with City Specification
#428-Premise Identification. Approved number sets shall be placed front
and rear on the structures. (FD)
f. Service- roads and fire access lanes, as determined by the Fire
Department, shall be posted, marked, and maintained per City
Specification #415-Fire Lane Signs. - If prior to approved signage fire
lane violations occur, and the services of the Fire Department are
required, the applicant may be liable for related expenses. (FD)
g. Compliance with all conditions -of approval specified herein shall be
accomplished and verified by the Planning Department.
h. All building spoils, such as unusable lumber, wire, pipe, and other
surplus or unusable material, shall be disposed of at an off -site facility
equipped to handle them. "
i. A second Elevation Certificate certifying the "as built' lowest floor for
each building shall be submitted to the Planning Department, or a Letter
of Map Revision shall be issued by the Federal Emergency Management
Agency (FEMA) and submitted to the Planning Department. (Code
Requirement)
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j.. A six-foot masonry wall shall be constructed adjacent to proposed
residential properties along Beach Boulevard. Other sound attenuating
design features may be constructed subject to the approval of the
Planning Director. (Mitigation Measure) -
5. The Waterfront Development Project shall conform to mitigation measures
included in the Downtown Specific Plan EIR No. 82-2.
6. Subject to approval by the Planning Department and Public Works, the
developer shall incorporate recommendations provided by Irvine Soils
Engineering, Inc. or a qualified geotechnical engineer (in their June 29, 1984
limited geotechnical investigation Job No. 2561-00, Log No. 4-6086) into
project designs; plans, and specifications for each phase of the overall
project. (Mitigation Measure)
7. The Federal Emergency Management Agency (FEMA) requires that
developments within the Special Flood Hazard Zone elevate any habitable
areas of a dwelling unit to or above the expected level of flooding for a 100-
year event. Non-residential habitable structures must be elevated or flood
proofed to FEMA-standards. The project shall comply with all mandated
FEMA standards., Compliance shall be verified prior to the issuance of
building permits for any phase of the project. (Mitigation Measure)
8. For each phase,- positive surface gradients shall be provided adjacent to all
structures so as to direct surface water run-off and roof drainage away from
foundations and, slabs,-: toward suitable discharge facilities. Ponding of
surface water shall not be allowed on pavements or adjacent to buildings
except where approved by the City Engineer. (Mitigation Measure)
9. The project shall conform to the City of Huntington Beach Water System —
Design Criteria. In addition, separate water lines shall be installed for each
phase providing a domestic/potable water supply system and a landscape
watering supply system. Compliance with this requirement shall be verified
prior to the issuance of building permits for each phase. (Mitigation
Measure) -
10. The following water conservation measures for the - intemal use of water
shall be included in -the project: -low flow shower heads and faucets; low
flush toilets; insulation of hot water lines in water recirculating systems;
compliance with water. conservation provisions of the appropriate plumbing
code; reduced water pressure. (Mitigation Measure)
11. The following -water conservation measures for the extemal use of water
shall be included in the • project: conservation designs utilizing low water
demand landscaping (Xedscape); berming to retain runoff for irrigation;
utilization of drip irrigation where feasible; and irrigating only during off peak
hours (late evening). Additionally; any water -oriented amenity within the
project shall be so designed as to be a self-contained natural or artificially
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filtered :-system that reuses water internal- to the system. (Mitigation
Measure)
12. A public art element shall be integrated and be in a location that is visible to
the public within the Waterfront Residential project. Public art shall
incorporate the following:
a) Artistic excellence and innovation
b) Appropriate to the design of the project
c) Indicative of the community's cultural identity (ecology, history, society)
The public art element shall be reviewed and - approved by the Design
Review Board, the Planning Director, and the Cultural Services Division
Manager prior to issuance of'a building -permit for the project. The public art
shall be in place at the subject site prior to final building inspection.
13. The Departments of Planning, Public Works and Fire are responsible for
compliance with all conditions of approval herein as noted after each
condition. The Planning Director and Public Works Director shall be notified
in writing if any changes to tract map are. proposed as a result of the plan
check process: Permits shall not be issued until the Planning Director and
Public. Works Director have 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's may be required pursuant to the HBZSO.
14. The applicant and/or- applicant's representative shall be responsible for
ensuring the accuracy of all plans and information submitted to the City for
review and approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Tentative Tract No. 15549 and Conditional Use Permit No. 01-75 shall not
become effective until the ten -calendar day appeal period has elapsed.
Coastal Development Permit No. 01-23 shall not become effective until the
ten working day appeal period has elapsed. For projects in the appealable
area of -the coastal zone, there is an additional ten working day appeal
period that commences when the California Coastal Commission receives
the City's notification of final.action..
2. Tentative Map No. 15549, Coastal Development Permit No. 01-12, and
Conditional Use Permit No.-01-75 shall become null and void unless
exercised within two (2) years of the date of final approval which is March
26, 2004. An extension of time may be granted by the Planning Director
pursuant to a written request submitted to the Planning Department a
minimum 60 days prior to the expiration date.
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3. 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.
4. All applicable fees shall be paid from the .Building, Public Works, and Fire
Departments fees prior to map recordation. (PW)
5. The applicant shall submit a check in the amount of $43 for the posting of
the Notice of Determination 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.
6. Traffic Impact Fees shall be paid consistent with the Amended and
Restated Development Agreement approved in 1998 at the time of final
inspection or issuance of a Certificate of Occupancy. (PW)
7. State -mandated school impact fees shall be paid prior to issuance of
building permits consistent with the Amended and Restated Development
Agreement approved in 1998.
8. Park Land In -Lieu Fees shall be paid prior to approval of the final map by
the City or at issuance of building permits consistent with the Amended
and Restated Development Agreement approved in 1998.
9. 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.
10. The Water Ordinance No. 14.52, the "Water Efficient Landscape
Requirements"- apply for projects with 2,500 square feet of landscaping.
(PW)
11. All permanent, temporary, or promotional signs shall conform to Chapter
233 of the HBZSO. Prior to installing any new -signs, changing sign faces,
or installing promotional signs, applicable permit(s) shall be obtained from
the Planning Department. Violations of this ordinance requirement may
result in permit revocation, recovery of code enforcement costs, and
removal of installed signs.
12. An encroachment permit shall be required for all work within the City's
right-of-way. (PW)
13. An encroachment permit is required for all work within CalTrans right-of-
way.-(PW)
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14. All new and existing overhead utilities shall be installed underground in
accordance with the City's Underground Utility Ordinance. In addition, all
electrical transformers shall be installed underground. (PW)
15. Standard landscape code requirements apply (Chapter 232 of the Zoning
and Subdivision Ordinance). (PW) -
16. The Planning Commission reserves the right to revoke TTM 15549, CDP
01-23, and CUP 01-75, pursuant to a public hearing for revocation, if any
violation of these conditions, the Downtown Specific Plan; the Huntington
- Beach Zoning and Subdivision Ordinance, or Municipal Code occurs.
B-2. CONDITIONAL USE PERMIT NO.99-14M)NARIANCE NO. 01-17,(PLC LAND
COMPANY EIGHT SINGLE-FAMILY HOMES): Applicant:' PLC Land Company
Request: To permit the construction of eight (8) two-story, single-family
residences of a previously approved 2.7 acre subdivision. The request includes
reduced rear yard setbacks for lot 6 (13 ft.) and lot 7 (15.5 ft) in lieu of minimum
20 feet: Location: West side of Edwards Street, approximately 150 feet south
of Ellis Avenue Project Planner: Wayne Carvalho
• Conditional Use Permit No. 99-14 (R) request:
- Construct eight (8) two-story single-family residences on an approved
eight lot, 2.7-acre subdivision.
• Variance No. 01-17 request:
Reduced rear yard setbacks on Lot 6 (13 ft.) and Lot 7 (15.5 ft.) in lieu of
minimum 20 feet.
• Staffs Recommendation: Approve Conditional Use Permit No. 99-14 (R)
and Variance No. 01-17 based upon the following:
- Consistent with the adopted Holly Seacliff Specific Plan zoning
designation.
- Variance for reduced rear yard setbacks on two lots will not adversely
impact the adjacent property.
- Consistent with the goals and objectives of the General Plan,
incorporating creative design that results in an attractive and viable
" ' ^ residential area.
Staff made a presentation to the Commission.
Questions/comments included:
• Likelihood of landslide -problems cause_ d by storm water and irrigation
drainage on the natural hillside slopes adjacent to the bluff top
• Hold Harmless Agreement (located in the Subdivision Agreement)
• Inclusion of disclosure statements from Builder to buyer (confirmed)
• Slope fill section and material analysis (Geologist to provide seismic
report)
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• Retaining wall locations -
• Likelihood of homeowners modifying slope area without City approval
THE PUBLIC HEARING WAS OPENED:
Bill Holman, 'applicantwith PLC Land Company, spoke in support of the item.
Mr. Holman explained the City Council's decision to require separate review of a
conditional use permit for the project architecture. He discussed the projects
soil condition and confirmed that the project was not located in a landslide area.
He mentioned that a geotechnical report would address the concerns related to
slope fill material, grading and drainage. He also explained seller disclosure
statements and the tentative tract map covenant that protects the City from
owner -initiated modifications to slope/hillside areas. He reminded the
Commission that PLC has development rights based on earlier litigation filed by
PLC against the City.
The Commission asked Mr. Holman to provide examples of other hillside
developments. Mr. Holman referenced the Peninsula development.
The Commission asked where the on -site soil is stock piled from, and whether
over excavation is consistent with recommendations made by civil engineers.
Discussion ensued about property owner rights related to backyard modification
(landscaping, walls, etc.) Mr. Holman repeated that a property owner could not
make such modifications without City approval.'
Mr. Holman discussed including language in the seller's disclosure statement
that specifies fill properties on each lot
Mr. Holman discussed the site plan and building elevations.
WITH NO ONE ELSE PRESENT, THE PUBLIC HEARING WAS CLOSED.
The Commission recommended that the hillside landscaping be water -tolerant,
native material. Mr. Holman stated that the homeowner should not be imposed
undue restrictions for lot utilization.
The Commission inquired about backyard distances, excluding the hillside slope
area. Mr. Holman replied that flat backyard distances range from 15 to 40 feet.
Discussion ensued regarding open space covenants and the Ellis/Goldenwest
Specific Plan. The Commission voiced concerns about homeowners not
complying with covenant restrictions on slope modifications. . -
Mr. Holman stated that the engineered plans on slopes are a matter of public
record and part of the covenant on the property.. He indicated that the
homeowners are without an HOA, and that Code Enforcement is responsible for
investigating unapproved landscaping, fencing, walls, etc. .
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The Commission suggested that a condition of approval be added stating that
an architectural landscape committee be formed to oversee backyard
modifications.
A MOTION WAS MADE BY KOKAL, SECONDED BY SHOMAKER, TO
APPROVE CONDITIONAL USE PERMIT NO.99-14(R) I VARIANCE NO.01-17
(PLC LAND COMPANY EIGHT SINGLE-FAMILY HOMES) WITH FINDINGS
AND MODIFIED CONDITIONS OF APPROVAL.
Discussion ensued with no vote on the above motion.
A MOTION WAS MADE BY PORTER, SECONDED BY KOKAL, TO AMEND
THE MOTION BY MODIFYING LANGUAGE IN THE CONDITIONS OF
APPROVAL RELATED TO LANDSCAPE MAINTENANCE, BY THE
FOLLOWING VOTE:
AYES:
Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
NOES:'
Mandic
ABSENT:
None
ABSTAIN::
None
MOTION PASSED
A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD TO
AMEND THE MOTION BY ADDING LANGUAGE IN THE CONDITIONS OF
APPROVAL RELATED TO LANDSCAPE MATERIAL, BY THE FOLLOWING
VOTE:
AYES:
Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
THE CHAIRPERSON CALLED FOR A VOTE ON THE ORIGINAL MOTION
MADE BY KOKAL, SECONDED BY SHOMAKER, TO APPROVE
CONDITIONAL USE PERMIT NO.-99-14(R) I VARIANCE NO. 01-17 (PLC
LAND COMPANY EIGHT SINGLE-FAMILY HOMES) WITH FINDINGS AND
MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE:
AYES: Kerins; Hardy,. Shomaker, Livengood,- Kokal, Porter
NOES: Mandic
-ABSENT: None
ABSTAIN: None
MOTION PASSED
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-14 (R):
Conditional Use Permit No. 99-14 (R) for the construction of eight (8), two
story single family residences on an -approved eight lot, 2.7 acre subdivision
will not be detrimental to the general welfare of persons working or residing
in the vicinity or detrimental to the value of the property and improvements in
the neighborhood. Based upon the conditions imposed, the proposed
residences will not impact the surrounding residential properties and will
maintain the topography of the existing slope. Furthermore, the restriction of
structures on and below the slope area will minimize impacts to the
surrounding properties including the Wieder park site.
2. The conditional use permit will be compatible with surrounding residential
uses as well as the adjacent public service use. The two-story design of the
residential structures is in keeping with the surrounding residential structures
and the character of the area. The homes will back to the fire station
property and will be provided with adequate buffers including a minimum 13
ft. setback and the existing 50 ft. fire station setback (63 ft. building
separation). A six-foot high block wall will also.separate the properties
minimizing impacts to the residential tract. .
3. The proposed eight single family homes will comply with the provisions of
the base district and other applicable provisions in Titles 20-25 of the
Huntington Beach Zoning and Subdivision Ordinance, and any specific
condition required for the proposed use in the district in which it would be
located, except for any variances approved concurrently. With the
exception of the minor encroachments into the rear yard setback on two lots,
the proposed residential units meet all code provisions including lot size, site
coverage, building height and parking. The project will comply with the
mitigation measures of Environmental Impact Report No. 89-1.
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 Low
Density Residential on the subject property. In addition, it is consistent with
the following goals and policies of the General Plan:
LU 9.1.2: - Require that single-family residential units be designed to convey
a high level of quality and character considering the following guidelines:
a. Modulate and articulate building elevation, facades and masses
(avoiding undifferentiated "box -like" structures).
b. Encourage innovative and creative design concepts.
LU 9.3: Provide for the development of new residential subdivisions and
projects that incorporate a diversity of uses and are configured to establish a
distinct sense of neighborhood and identity.
The proposed development is architecturally designed to create a distinct
sense of neighborhood for the eight homes while being compatible with the
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Page 36
surrounding estate residential developments. The project will offer upscale
residential housing opportunities for new homebuyers.
FINDINGS FOR APPROVAL - VARIANCE NO: 01-17:
1. - The granting of Variance No. 01-17 for reduced rear setbacks on Lot 6 (13
ft.) and Lot 7 (15.5 ft.) in lieu of minimum 20 feet will not constitute a grant of
special privilege inconsistent with limitations upon other properties in the
vicinity and under an identical'zone classification. The reduction in the rear
yard setback will be mitigated by -an increased side yard requirement which
will provide more usable open space than required in the rear yard. There
have been other variances approved in the surrounding area with similar
circumstances. - -
2. Because of special circumstances applicable to the subject property,
including shape, topography, location or surroundings, the strict application
of the zoning ordinance is found to deprive the subject property of privileges
enjoyed by other properties in the vicinity and under identical zone
classification. The subject property is located along the crest of Huntington
mesa and is restricted to the design of the site. Based on the Edward Street
access and existing topography, the subdivision was designed to minimize
grading and use of retaining walls while creating building pads with usable
yards.
3. The granting of a variance is necessary to preserve the enjoyment of one or
- more substantial property rights. The variance will allow for the construction
of single family residences with a minimum of a 13 ft. setback which is
greater than the 10 ft. setback required on typical low density residential
tracts. -
4. The granting of the variance will not be materially detrimental to the public
welfare or injurious to property in the same zone classification. The reduced
rear yard setback will be offset by providing a larger usable side yard. The
two tots will be provided with between 21-150 ft. side yards which is
substantially wider than the required 5 ft. setback.
5. The granting of the variance will not adversely affect the General Plan. It is
.consistent with the Land Use Element designation of Low Density
Residential on the subject property. The variance will not create an adverse
impact to the residents and will provide usable yard areas.
CONDITIONS OF APPROVAL -= CONDITIONAL USE PERMIT NO.99-14 tRU
VARIANCE NO. 01-17:
1. The site plan, floor plans, building elevations and conceptual landscape plan
received and dated January 8,2002 shall be the conceptually approved
layout with the following modifications:
a. Elevations shall depict colors and building materials proposed.
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b. Depict all utility apparatus, such as but not limited to back flow devices
and Edison transformers on the site plan. Utility meters shall be
screened from view from public rights -of -way. Electric transformers in a
required front or street side yard shall be enclosed in subsurface vaults.
Backflow prevention devices shall be prohibited in the front yard setback
and shall be screened from view. (Code Requirement)
c. Depict the location of all gas meters, water meters, electrical panels, air
conditioning units, mailboxes (as approved by the United States Postal
Service), and similar items on the site plan and elevations. If located on
a building; they shall be architecturally designed into the building to
appear as part of the building. They shall be architecturally compatible
with the building and non -obtrusive, not interfere with sidewalk areas and
comply with required setbacks.
d. If outdoor lighting is included, energy saving lamps shall be used. All
outside lighting shall be directed to prevent "spillage" onto adjacent
properties and shall be shown on the site plan and elevations.
2. Prior to submittal for building permits, the following. shall be completed:
a. Zoning entitlement conditions of approval shall -be printed verbatim on
one of the first three pages of all the -working drawing sets used for
issuance of building permits (architectural, structural, electrical,
mechanical and plumbing) and shall be referenced in the sheet index.
.The minimum font size utilized for printed text shall be 12 point.
b. The applicant shall demonstrate to'.the satisfaction of the Department of
Public Works, how the proposed landscaping on the slope areas will
minimize impacts from soil erosion or failure to the slope. Landscaping
materials shall be designed for purposes of stabilizing the sloped areas.
c. - 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)
d. Names of streets shall be submitted to and approved by the Huntington
Beach Fire Department in accordance with Fire Dept. City Specification
No. 409. (FD).:. .
e. Submit three (3) copies of the site plan and the processing fee to the
Planning Department for addressing purposes after street name
approval by the Fire Department. (FD)
f. All Fire Department requirements shall be noted on the building plans.
(FD)
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g. A detailed soils analysis shall be prepared by a Licensed 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. (BD)
h. An engineering geologist shall be -engaged to submit a report indicating
the ground surface acceleration from earth movement for the subject
property. All structures within this development shall be constructed in
compliance with the g-factors as indicated by the geologists report.
Calculations for footings and structural members to withstand anticipated
g-factors.shall be submitted to the City for review prior to the issuance of
building permits. (Code Requirement)
1. ' Floor plans shall depict natural gas and 220V electrical shall be stubbed
in at the location of clothes dryers; natural gas shall be stubbed in at the
locations of cooking facilities, water heaters and central heating units.
j. CC&Rs shall be'submitted for review and approval by the Planning
Department and the City Attorney's Office as to form and content. The
CC&Rs'shall require the establishment of a Homeowners Architectural
and Landscape Committee responsible for reviewing and approving all
landscaping improvements; landscaping maintenance, modifications to
and all improvements on sloped areas (in accordance with condition 2. c.
of Tentative Tract No: 15690(R), and maintenance of all walls and
fences (in accordance with condition 4. d. of Tentative Tract No.
15690(R). The CC&Rs shall be recorded with the County of Orange on
each residential lot of Tentative Tract No. 15690 prior to issuance of
building permits. Copies'of each recorded document shall be submitted
to the Planning Department for inclusion in the entitlement file.
3. Prior to issuance of building permits, the following shall be completed:
a. The final tract map shall be recorded with the County of Orange prior to
issuance of building permits. (PW) -
b. Construct'off-site drainage improvements as required by the Public
Works Department to mitigate impact of increased runoff, due to
development, or deficient downstream drainage systems. Design of all
necessary drainage improvements shall provide mitigation for all rainfall
event frequencies up td a 100-year frequency. =,As part of the
improvements, the following drainage mitigation shall be included:
1) The developer shall design and construct a desilting basin and
vegetative filter area adjacent to the northerly or westerly boundary
of the site within Harriet Weeder County Regional Park to accept all
runoff from the street and the site. No concrete shall be installed
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within the basin. A permit from the County will be required.
2) A fund shall be established and maintained for the purposes of
maintenance of the basin. (PW)
c. All landscape planting, irrigation and maintenance shall comply with the
City Arboricultural and Landscape Standards and Specifications.
Landscape lots "A" and "B" shall be dedicated to the City. A fund shall
be established and maintained in perpetuity for maintenance of the
landscaping. (PW)
d. The Consulting Arborist (approved by the City Landscape Architect) shall
review the final landscape tree -planting plan and approve in writing the
selection and locations proposed for new trees and the protection
measures and locations of existing trees to remain. Existing trees to
remain shall also be addressed by said Arborist with
recommendations/requirements for protection during construction. Said
Arborist report shall be incorporated onto the Landscape Architect's
plans as construction notes and/or construction requirements. The
report shall include the Arbodst's name, certificate -number and the
Arborisfs wet signature on the final plan. (PW)
e. Landscaped slopes and yard slopes shall be contoured graded and
planted to reduce erosion. ' Any landscaping on the building pads shall
be designed to minimize percolation. Landscaping on the slope areas
shall consist of native landscaping materials as depicted on the
conceptual landscape plan and determined by the City's Landscape
Architect. (PW)
f. An Automatic sprinkler and fire alarm system shall be installed
throughout if the building gross square footage exceeds 5000 sq. ft.
Shop drawings shall be submitted and approved by the Fire Department
prior to system installation. (FD)
g. Fire hydrants shall be installed prior to combustible construction. Prior to
installation; shop drawings shall be submitted to the Public Works
Department and approved by the Fire Department. Indicate hydrant
locations and'fire department connections.- (FD)
h. Fire access roads shall be provided in compliance with City Specification
No. 401. Include the Circulation Plan and dimensions of all access
roads. (FD)
I. Submit a Fire Protection Plan in compliance with City Specification No.
426 for Fire Department approval. (FD) -
j. The project shall comply with all provisions of the HBFC and City
specification 422, Well Abandonment. (FD) - -
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k. The project shall comply with all provisions of the HBMC Section
17.04.085 and City Specification 429, Methane District Building Permit
Requirements. (FD)
I. Installation and/or removal of underground flammable or combustible
liquid storage tanks shall comply with Orange County Environmental
Health and HBFD requirements. Treatment areas may require
conformance to City Specification No. 431, Gas Fired Appliances. (FD)
m. A copy of the recorded CC&Rs and evidence of recordation on the eight
residential lots shall be submitted to the Planning Department for
inclusion in the entitlement file.
n. A copy of the Seller's Disclosure Statement providing evidence of
disclosure of fill amounts and potential impacts from development on fill
and sloped areas shall be submitted to the Planning Department.
4. The structure(s) cannot be occupied, the.final building permit(s) cannot be
approved, and utilities cannot be released for the first residential unit until
the following has been completed: -
a. A section of existing curb, gutter and sidewalk along Edwards Street
must be removed and replaced. Existing street tree(s) must be
inspected by the City of Huntington Beach, Park, Trees and Landscape
Inspector during removal of concrete and prior to construction of "A"
Street improvements. Tree replacement or root/tree protection, will be
specified upon the inspection of the root system. (PW )
b. All landscape irrigation and planting installation shall be certified to be in
conformance with the City approved landscape plans by the Landscape
Architect of record in written form to the City Landscape Architect prior to
the final landscape inspection and approval. (PW)
c. Applicant shall provide the City with Microfilm copies (in City format) and
CD (AutoCAD only) copy of complete City approved landscape
construction drawings as stamped "Permanent File Copy" prior to
starting landscape work. - Copies shall be given to the City Landscape
Architect for permanent City record. (PW )
d: Compliance with all conditions of approval specified herein shall be
accomplished and verified by the Planning Department.
e. 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. During grading; site,development, and/or construction, the following shall be
adhered to:
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March 12, 2002
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a. Due to the proximity of the site to a known archeological site, grading
activities during remedial site grading work shall be monitored by an
archeologist. (Mitigation Measure)
b. Water trucks will be utilized on the site and shall be available to be used
throughout the day during site grading to keep the soil damp enough to
prevent dust being raised by the operations. (PW)
c. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave
the site no later than 5:00 p.m.; and shall be limited to Monday through
Friday only. (PW)
d. Wet down the areas that are to be graded or that are being graded, in
the late morning and after work is completed for the day. (PW)
e. The construction disturbance area shall be kept as small as possible.
(PW)
f. 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) - -
g. 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)
h. Comply with appropriate sections of AQMD Rule 403, particularly to
minimize fugitive dust and noise to surrounding areas. (PW)
is Wind barriers shall be installed along the perimeter of the site. (PW)
j. Remediation operations; if required, 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)
k. Construction equipment shall be maintained in peak operating condition
to reduce emissions. -
I. Use low sulfur (0.5%) fuel by weight for construction equipment.
m. Truck idling shall be prohibited for periods longer than 10 minutes.
n. Attempt to phase and schedule activities to avoid high ozone day's first
stage -smog alerts.
o. Discontinue operation during second stage smog alerts.
6. The Planning Director ensures that all conditions of approval herein are
complied with. The Planning Director shall be notified in writing if any
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March 12, 2002
Page 42
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 Huntington Beach Zoning and Subdivision
Ordinance.
7. The applicant and/or applicant's representative shall be responsible for
ensuring the accuracy of all plans and information submitted to the City for
review and approval.
8. Conditional Use.Permit No. 99-14 (R) and Variance No. 01-17 shall not
become effective until Zoning Map Amendment No. 99-2 and Zoning Text
Amendment No. 00-1 are in effect.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 99-14 (R) and Variance No. 01-17 shall not
become effective until the ten calendar day appeal period has elapsed.
2. Conditional Use Permit No.-99-14 (R) and Variance No. 01-17 shall
become null and void unless exercised within one year of the date of final
approval which is March 12, 2003, or such extension of time as may be
granted by the Director pursuant to a written request submitted to the
Planning Department a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use
Permit No. 99-14 (R) and Variance No. 01-17, 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. All applicable fees from the Building, Public Works, and Fire Departments
shall be paid prior to the issuance of Building Permits.
6. The applicant shall submit a check in the amount of $43.00 for the posting
of the Notice of Determination 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.
7. Standard landscape code requirements apply (Chapter 232 of the Zoning
and Subdivision Ordinance). (PW)
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March 12, 2002
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8. The Water Ordinance #14.52,:the "Water Efficient Landscape
Requirements" apply for projects with 250Q square feet of landscaping and
larger. (PW) . -
9. All applicable Public Works fees shall be paid. (PW)
10. Traffic impact fees shall be paid at a rate of $150 per daily trip. ($14,400)
(PW)
11. An Encroachment Permit is required for all work within the City's right-of-
way. (PW)
12. State -mandated school impact fees shall be paid prior to issuance of
building permits.
13. Park Land In -Lieu Fees shall be paid or accrued credits assigned prior to
approval of the final map by the City.
14. 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.
15. The development shall meet all local and State regulations regarding
installation and operation of all underground storage tanks. (FD)
C. CONSENT CALENDAR
C-1. PLANNING COMMISSION MINUTES DATED JANUARY 8, 2002
A MOTION WAS MADE BY HARDY, SECONDED BY SHOMAKER TO -
APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 8, 2002 BY
THE FOLLOWING VOTE: I " ' - - � . -
AYES:
Mandic, Kerins, Hardy, Shomaker,* Livengood, Kokal
NOES:
None
ABSENT:
None
ABSTAIN:
Porter
MOTION PASSED
C-2. PLANNING COMMISSION MINUTES DATED FEBRUARY 12, 2002
A MOTION WAS MADE BY HARDY, SECONDED BY SHOMAKER TO
APPROVE PLANNING.COMMISSION MINUTES DATED FEBRUARY 12, 2002
BY THE FOLLOWING VOTE:
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PC Minutes
March 12, 2002
Page 44
AYES:
'Mandic, Kerins,-Hardy,'Shomaker, Livengood, Kokai
NOES:- -
None
ABSENT:
None
ABSTAIN:
Porter
MOTION PASSED
C-3. PLANNING COMMISSION MINUTES DATED FEBRUARY 26, 2002
A MOTION WAS MADE BY PORTER, SECONDED BY HARDY TO APPROVE
PLANNING COMMISSION MINUTES DATED FEBRUARY 26, 2002 BY THE
FOLLOWING VOTE:
AYES:
Kerins, Hardy, Shomaker, Livengood, Kokai, Porter
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 Kerins reported that the Park In -Lieu Fee Subcommittee met on
March 5, 2002 and is scheduled to meet again on March 19, 2002.
E-2. PLANNING CO-, MMISSION INQUIRIES/COMMENTS
Commissioner Mandic — None.
Commissioner Kerins — Informed staff of a meeting hosted by the Orange
County Transportation Authority (OCTA) on Thursday, March 21, 2002 at 4:30
p.m. at the Huntington Beach Central Library. He asked that a staff member
attend to hear about high capacity transit opportunities inwestern Orange
County.
Commissioner Kerins asked staff when the Zoning Text Amendment related to
religious assembly (Ellis/Goldenwest Specific Plan) is scheduled for public
hearing. --Staff replied April 932002.
Commissioner Hardy — Stated that she would attend the OCTA meeting on
March 21, 2002. She also informed the Commission and staff that she will not
be present at the March 26, 2002 Planning Commission meeting.
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March 12, 2002
Page 45
Commissioner Shomaker— None.
Commissioner Livengood — Inquired if staff could schedule the Huntington
Beach Mail project for a future study session. Staff indicated that the project
would be scheduled at an upcoming study session. He also informed the
Commission and staff that he will not be present at the March 26, 2002 Planning
Commission meeting.
Commissioner Kokal — Asked when the proposed Park In -Lieu Fee Text
Amendment will return to the Commission for reconsideration. Staff replied April
9, 2002.
Commissioner Porter — Asked when The Strand (Blocks 104/105) project
would be presented at a future study session. Staff replied March 26, 2002 is a
tentative date.
F. PLANNING ITEMS
F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Planning Manager— reported on the Planning Department items
heard before the City Council on March 4, 2002.
F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING
Scott Hess, Planning Manager— reported on the Planning Department items
that will be heard before the City Council on March 18, 2002.
F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Principal Planner — reviewed items for the Planning
Commission meeting of March 26, 2002.
G. ADJOURNMENT — Adjourn to the League of California Cities Planners Institute, March
20, 2002, Monterey, California, and then to the next regularly scheduled meeting of
March 25, 2002.
HZ:HF:d
APPROVED BY:
C
and Zelefsky, Secretary J n Shomaker, Chairperson
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