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HomeMy WebLinkAbout2002-04-23MINUTES Huntington Beach Planning Commission Tuesday, April 23, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 6:15 p.m. 1. 5:15 p.m. GENERAL PLAN REVIEW (Review of Additional Information and Plannin Commission Comments) — Mary Beth Broeren 2. 5:25 p.m. ZONING TEXT AMENDMENT NO.02-01 (Wireless Communication Facilities) Jason Kelley 3. 5:35 p.m. ECONOMIC DEVELOPMENT UPDATE — David Biggs 4. 6:05 p.m. ZONING TEXT AMENDMENT NO.01-02 (Park & Recreation Fees) Wayne Carvalho 5. 6:10 p.m. Agenda Review — Herb Fauland 6. 6:15 p.m. Planning Commission Inquiries — Herb Fauland 7. 6:20 p.m. Future Study Session Items/Major Projects Update - Herb Fauland 8. 6:25 p.m. Public Comments — None. Regular Meeting City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE P P P P P P A ROLL CALL: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter AGENDA APPROVAL A. ORAL COMMUNICATIONS — None. PC Minutes April 23, 2002 Page 2 B. PUBLIC HEARING ITEMS B-1. GENERAL PLAN AMENDMENT NO. 02-01 (GROWTH MANAGEMENT ELEMENT UPDATE): Applicant: City of Huntington Beach Request: Update of the General Plan Growth Management Element which includes policies and programs that will promote growth and development based upon the City's ability to provide an adequate circulation system and public services and facilities. The programs and policies include among others police, fire, parks, utilities, as well as traffic circulation improvements. Location: Citywide Project Planner: Ricky Ramos General Plan Amendment No. 02-01 request: - Update of the General Plan Growth Management Element which includes policies and programs that will promote growth and development based upon the City's ability to provide an adequate circulation system as well as public facilities and services such as police, fire, parks, and utilities. Staff's Recommendation: Approve General Plan Amendment No. 02-01 by resolution and forward the recommendation to the City Council based on the following: - The updated Growth Management Element is consistent with the General Plan and better reflects the City's goals, objectives, and policies to promote growth commensurate with the City's ability to provide public services and facilities. Staff made a presentation to the Commission. Questions/comments included: • Traffic circulation (identification of problem intersections and information on how congestion is measured) Use of flood channels for bike paths • Basis for the target police officer -to -population ratio • Storm drain capacity/deficiency (FEMA requirements, local/regional issues related to new development) • Have studies been done to substantiate water storage needs for the southeast quadrant? (Southeast Reservoir Complex) • Discussion on the number of parks not being developed due to lack of funding (Bartlett Park, Irby Park, etc.) • Use of reclaimed water citywide (for landscaping irrigation, grading and other non -contact uses) • Emergency water supply (one day versus greater amount) • Adequate sewer systems (must be in place before occupancy can be taken) • Relocation of Fire Station 8 from Springdale and Heil to Graham and Production for improved response times to Huntington Harbor (02pcm0423) PC Minutes April 23, 2002 Page 3 THE PUBLIC HEARING WAS OPENED. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY HARDY, SECONDED BY MANDIC, TO APPROVE GENERAL PLAN AMENDMENT NO.02-01 (GROWTH MANAGEMENT ELEMENT UPDATE) AND FORWARD TO THE CITY COUNCIL FOR CONSIDERATION BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal NOES: None ABSENT: Porter ABSTAIN: None MOTION PASSED B-2. ZONING TEXT AMENDMENT NO. 01-02 - CONTINUED FROM APRIL 9 2002 WITH PUBLIC HEARING CLOSED (PARK IN -LIEU FEE ORDINANCE): Applicant: City of Huntington Beach Community Services Department Request: To amend Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) in reference to park land dedication and in -lieu fees. The amendment includes added language addressing use of fees, method for calculating fees, providing 100% land value park in -lieu fees, off -site requirements, and appeal process. Location: Citywide Proiect Planner: Wayne Carvalho Zoning Text Amendment No. 01-02 - Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the method to calculate park in -lieu fees for residential subdivision development. - Require developers submit a site -specific appraisal of the project site to determine the fair market value of land for determining the park in -lieu fee. - Appraisal prepared at the expense of developer, requires review and approval by City. Continued Item - Planning Commission meeting April 9, 2002. Planning Commission requested a continuance to the April 23, 2002 Planning Commission meeting in order to have a subcommittee review possible alternatives to the determine the park in -lieu fee. - Subcommittee met on April 15, 2002 to discuss alternatives. - Subcommittee recommendation (Alternative Action A) forwarded to Planning Commission. Staffs Recommendation: Approve Zoning Text Amendment No. 01-02 and forward to the City Council for adoption based upon the following: (02p=0423) PC Minutes April 23, 2002 Page 4 - The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. - The revised ordinance will update the fee assessed on new residential subdivision development, and will ensure that current land values are utilized when calculating park in -lieu fees. - The revised ordinance will allow the City to collect fees necessary to acquire, develop, and rehabilitate park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. Staff made a presentation to the Commission. Questions/comments included: • Timeline of the Nexus Study • Analysis of formula in determining park dedication requirement (area, number of acres, density factor and number of dwelling units) • Separation of fees (relationship between Parkland Dedication/Chapter 254.08 and Payment of Parkland Dedication In -Lieu Fee/Chapter 230.20 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)) • Census figures (bedroom counts do not identify number of persons per dwelling) • Explanation of Quimby Act density factor • Projected 10-year funding needs for capital projects • Quimby Act requirements • Comparison of area cities park dedication fee formulas • Revenue Bonds and Certificates of Participation • Projected park land acquired through future residential development • Current park improvement funding requests A MOTION WAS MADE BY MANDIC, SECONDED BY HARDY, TO REOPEN THE PUBLIC HEARING CLOSED ON APRIL 9, 2002, BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal NOES: None ABSENT: Porter ABSTAIN: None MOTION PASSED THE PUBLIC HEARING WAS OPENED. Joan Templeton, Huntington Beach, discussed how the proposed fee is unrealistic to property owners who rebuild. She cited Newport Beach, Laguna (02p=0423) PC Minutes April 23, 2002 Page 5 Beach and Seal Beach as cities that encourage property rehabilitation. She also stated that collecting the proposed fee is not critical to Huntington Beach at this time, and the proposed increase should be tabled. Kelly Templeton, Huntington Beach, voiced concerns about how the proposed fee will greatly increase the cost to construct two (2) new homes on a downtown double lot that he owns with a cottage and an abandoned well that currently exists on the property. Robert Corona, Huntington Beach, discussed 50-foot lots downtown that have not been subdivided. If proposed to be subdivided, which fee are they subject to? (254.08) He commended the Planning Commission for taking time to study the issue. Mike Adams, Huntington Beach, discussed the City funds available for the 10- year improvement projects identified in the Nexus Study. He suggested removing two (2) capital projects that were not critical to save the City $11 million, which in turn would eliminate the need to increase the parkland dedication fee for future new development. He also discussed citywide average property values. Dick Harlow, Huntington Beach, spoke in support of the Subcommittee's recommendation to separate fees (Chapter 230 and Chapter 254). He voiced concerns about using a site -specific formula to appraise property value, calling it unfair. Randy Allison, Huntington Beach, voiced concerns over having the proposed fees imposed on small lot developments and new residents in order to recoup lost funding opportunities of past years. Bill Vogt, Huntington Beach, discussed the Quimby Act, suggesting that if all subdivisions built prior to the Act are exempt from the park in -lieu fee, that downtown property owners who rebuild should also be exempt from the fee as well. Rob Moore, Huntington Beach, identified the proposed fee as a "revenue generator", not a true park dedication fee. He compared the proposed fee to other Orange County cities that he felt were considerably lower. He urged the Commission to be reasonable, recommending that they not price redevelopment out of the City. WITH NO ONE ELSE TO SPEAK ON THE ITEM, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the Subcommittee's recommendation that the fee be site -specific. The Commission voiced concerns related to the fairness of park fees based on site -specific appraisals. The Commission discussed property tax dollars received by the County. (02p=0423) PC Minutes April 23, 2002 Page 6 The Commission discussed the City's list of unfunded improvement projects (Ocean View Pool, Roger's Senior Center and others). There are currently 27 projects listed under the Community Services Strategic Plan. The Commission and staff discussed the basic requirements of Chapters 230 and 254 of the HBZSO. A MOTION WAS MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ZONING TEXT AMENDMENT NO. 01-02 (STAFF RECOMMENDATION), INCLUDING ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION) TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY AND FORWARD TO THE CITY COUNCIL FOR CONSIDERATION. NO VOTE WAS TAKEN A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO AMEND THE MAIN MOTION BY REMOVING THE 20% SITE IMPROVEMENT FEE INCLUDED IN SECTION 254.08 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY THE FOLLOWING VOTE: AYES: Mandic, Hardy, Shomaker, Livengood NOES: Kerins, Kokal ABSENT: Porter ABSTAIN: None MOTION PASSED THE ORIGINAL MOTION MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ZONING TEXT AMENDMENT NO. 01-02 (STAFF RECOMMENDATION), INCLUDING ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION) DIRECTING STAFF TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY AND REMOVAL OF THE 20% SITE IMPROVEMENT FEE AND FORWARD TO THE CITY COUNCIL FOR CONSIDERATION BY THE FOLLOWING VOTE: AYES: Kerins, Hardy, Kokal NOES: Mandic, Shomaker, Livengood ABSENT: Porter ABSTAIN: None MOTION FAILED DUE TO LACK OF FOUR (4) AFFIRMATIVE VOTES (02p=0423) PC Minutes April 23, 2002 Page 7 A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO FORWARD ZONING TEXT AMENDMENT NO.01-02 (STAFF RECOMMENDATION) TO THE CITY COUNCIL FOR CONSIDERATION WITHOUT A FORMAL RECOMMENDATION BY THE PLANNING COMMISSION BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal NOES: None ABSENT: Porter ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION) TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY. NO VOTE WAS TAKEN A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO AMEND THE MAIN MOTION APPLICABLE TO SECTION 230.20 BY USING AN AVERAGE PROPERTY VALUE WHEN CALCULATING THE PARK IN -LIEU FEE, BY THE FOLLOWING VOTE: AYES: Mandic, Shomaker, Livengood NOES: Kerins, Hardy, Kokal ABSENT: Porter ABSTAIN: None MOTION FAILED DUE TO LACK OF FOUR (4) AFFIRMATIVE VOTES A MOTION WAS MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION) TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY, BY THE FOLLOWING VOTE: AYES: Kerins, Hardy, Kokal NOES: Mandic, Shomaker, Livengood ABSENT: Porter ABSTAIN: None MOTION FAILED DUE TO LACK OF FOUR (4) AFFIRMATIVE VOTES (02pcm0423) PC Minutes April 23, 2002 Page 8 A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO FORWARD ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION) DIRECTING STAFF TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY WITHOUT A FORMAL RECOMMENDATION BY THE PLANNING COMMISSION TO THE CITY COUNCIL FOR CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal NOES: None ABSENT: Porter ABSTAIN: None MOTION PASSED B-3. COASTAL DEVELOPMENT PERMIT NO. 02-04/CONDITIONAL USE PERMIT NO. 02-06 WITH SPECIAL PERMITS (MASE COMMERCIAL BUILDING): Applicant: Ann and Ron Mase Request: To permit the construction of a new two-story commercial building consisting of approximately 2,200 sq. ft. of first floor restaurant with outdoor dining and alcohol sales and approximately 2,400 sq. ft. of second floor office. The request includes special permits for a reduction of the 10% open space requirement and a build -to line of seven feet along Main Street in lieu of a required build -to line of five feet. Location: 123 Main Street (west side, south of Walnut Avenue) Proiect Planner: Wayne Carvalho Coastal Development Permit No. 02-04/Conditional Use Permit No. 02-06 request: - Construct a 4,600 sq. ft., two-story commercial building within the Downtown Specific Plan Area. - Establish a 2,200 sq. ft. restaurant on the ground floor with outdoor dining and alcohol sales. Special Permit request: - Front building setback at a seven feet build -to line in lieu of five feet. - Approximately 175 sq. ft. of open space area in lieu of a required 272 sq. ft. (10% of lot area). Staff's Recommendation: Approve Coastal Development Permit No. 02- 04/Conditional Use Permit No. 02-06 with special permits based upon the following: - Compatible with surrounding commercial developments. - Conforms with Downtown Specific Plan and Downtown Parking Master Plan with exception to special permits. - Special permits provide greater benefits and promote better site layout. - Consistent with goals of General Plan and Coastal Element by providing architecturally compatible design and enhancement to the pedestrian experience downtown. (02p=0423) PC Minutes April 23, 2002 Page 9 Commissioner Shomaker excused herself from action on the item due to a conflict of interest. Staff made a presentation to the Commission. Questions/comments included: • Is a soils analysis needed? (staff confirmed) • Outdoor seating encroaching into the public right-of-way • Open space location (within 7' front setback —10' clear access way on public sidewalk, and 8' on 2"d block public sidewalk) • Is the project site of a historical nature? (1989 Environmental Impact Report referenced four (4) buildings — staff confirmed and recommended locating a commemorative plaque) • Parking requirements relative to the Downtown Parking Master Plan • Was a historical architecture ordinance included in the 1989 Environmental Impact Report? • Should building pillars be aligned in the first block of Main Street? • Does an existing tree impede into the public right-of-way space requirements? • Past design details approved by the Design Review Board THE PUBLIC HEARING WAS OPENED. Ann Mase, applicant and property owner, was available to answer questions and address issues raised by the Commission. The Commission asked who the proposed restaurant tenant was. Mrs. Mase stated the information was confidential. Frank Alfonso, Huntington Beach, spoke in opposition to the item, voicing concerns that applicant's request for outdoor dining and increased setbacks would inhibit public access to his business at 119 Main Street. Gary Mulligan, Huntington Beach, spoke in opposition to the item, voicing concerns about the setbacks recommended by staff, specifically the 2' addition that would block the public view of his retail business at 117 Main Street. Keith Bohr, Huntington Beach, spoke in opposition to the item and handed out plans by four (4) adjacent property owners showing that adding the 2' setback goes above and beyond the code, and that the Commission should approve a 5' setback. He also suggested that the Commission provide a recommendation to the City Council to remove on -street parking on the first block of Main Street. The Commission asked Mr. Bohr to explain why 5' setbacks work for all adjacent tenants. (02p=0423) PC Minutes April 23, 2002 Page 10 Mr. Bohr responded that consistent setbacks are included as part of the Phase II Study for Main Street, and that all four property owners on the north side of the first block are encouraged to develop through a 4-property Conditional Use Permit request. Glen Pierce, the applicant's architect, discussed the impact of losing 2' to the outdoor dining area, specifically moving the alcohol railing resulting in a reduction of seats. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding whether or not the applicant was legally bound to consider the impacts on the three (3) adjacent businesses. Staff indicated that there is no legal requirement. The Commission suggested that the outdoor dining be moved to the street side instead of next to the building in order to save 2' of public access. Staff discussed the restrictions included in outdoor dining ordinance, and that dining along the street was prohibited because of Alcoholic Beverage Control (ABC) restrictions. Staff indicated that the City was conducting a study to explore the possibility of converting Main Street into a pedestrian mall. The study is to be completed by the end of 2002; and forwarded to the City Council for consideration. A MOTION WAS MADE BY KERINS, SECONDED BY LNENGOOD, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 02-04/CONDITIONAL USE PERMIT NO.02-06 WITH SPECIAL PERMITS WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Kerins, Hardy, Livengood, Kokal NOES: Mandic ABSENT: Porter ABSTAIN: Shomaker MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL -- COASTAL DEVELOPMENT PERMIT NO.02-04/CONDITIONAL USE PERMIT NO. 02-06 FINDINGS FOR PROJECTS SUBJECT TO CEQA: The Planning Commission finds that the project is covered by Environmental Impact Report No. 89-6 and will comply with all applicable mitigation measures and will not have any significant effect on the environment. (02p=0423) PC Minutes April 23, 2002 Page 11 FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.02-04: Coastal Development Permit No.,02-04 for the development project, as proposed, conforms with the General Plan, including the Local Coastal Program. The project is consistent with the General Plan Land Use Element designation of Mixed -Use Vertical. The project will comply with the Downtown Specific Plan — District 3 (Visitor Serving Commercial) because the proposed uses, particularly on the first floor will add to the variety of Visitor Serving Commercial uses and will further the pedestrian oriented objective for the downtown. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code except for special permits approved concurrently. The project will conform to all development standards including setbacks, height, and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exist on the subject site and will be modified as needed to conform to the City's current standards 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The development will not impact any public access and recreation opportunities. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-06: 1. Conditional Use Permit No. 02-06 for the establishment, maintenance and operation of a new 4,600 sq. ft. two-story commercial building including a 2,200 sq. ft. first floor restaurant with outdoor dining and alcohol sales and a 2,400 sq. ft. second floor office will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will improve a visually degraded site and will enhance the appearance of the general area. The project is consistent with the Downtown Specific Plan and Design Guidelines and will add to the Mediterranean and pedestrian character of the downtown. Adequate parking for the project is provided within the Downtown Parking Master Plan. 2. The proposed project will be compatible with surrounding uses because the proposed construction and Visitor Serving Commercial uses are an extension of the existing character of the downtown. It will include restaurant and office uses that will add to the vitality and pedestrian orientation envisioned for the downtown. 3. The commercial development will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific (02pcm0423) PC Minutes April 23, 2002 Page 12 condition required for the proposed use in the district in which it would be located, except for any special permits approved concurrently. The project complies with all minimum development standards including lot size, building height, setbacks, floor area, and parking. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Goal LU 4:Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Policy LU 7.1.1: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Goal LU 8: Achieve a pattern of land uses that reserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy 11.1.7. Require that mixed -use development projects be designed to achieve a consistent and high quality character, including the consideration of architectural treatment of building elevations to convey the visual character of multiple building volumes and individual storefronts. Policy LU 15.2.2: Require that structures located in the pedestrian overlay zone be sited and designed to enhance pedestrian activity along the sidewalks, in consideration of the following guidelines: a. Incorporation of uses that stimulate pedestrian activity in the first floor along the street frontage, encouraging professional offices, data computing, and other similar uses to be located in the rear or above the first floor unless economically infeasible; b. Siting of the linear frontage of the building along the front yard property line to maintain a "building wall" character, except for areas contiguous with the structure use for outdoor dining or courtyards; c. Assurance that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians, except as may be required for landscape and security; d. Extensive articulation of the building fagade and use of multiple building volumes and planes; e. Incorporation of landscape and other elements such as planter beds, planters, and window boxes that visually distinguish the site and structure; f. Incorporation of arcades, courtyards, and other recesses along the street elevation to provide visual relief and interest; (02pcm0423) PC Minutes April 23, 2002 Page 13 g. Use of roofline and height variation to break up the massing and provide visual interest; h. Visual differentiation of upper and lower floors; i. Distinct treatment of building entrances; and j. Use of pedestrian -oriented signage. As proposed, the project incorporates a consistent building setback for the newer projects along Main Street, roofline variation and articulation, and decorative architectural details/elements. The project also provides visual interest while enhancing the pedestrian experience in the downtown with the outdoor patio design. 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. 02-06 for a 4,600 sq. ft. two story commercial building is for the following: a. Seven ft. front setback (build -to line) in lieu of five ft. along Main St. b. 175 sq. ft. of open space in lieu of min. 273 sq. ft. These Special Permits result in a greater benefit from the project and will promote a better living environment. There are significantly greater benefits to be provided from the project than would occur if all the minimum requirements were met. The special permit allows for greater setbacks to be consistent with that approved on the adjacent Oceanview Promenade Development at the northwest comer of PCH and Main. This provides a more consistent "building wall" and allows for a wider sidewalk for improved pedestrian circulation and outdoor dining opportunities. Based on the project's lot size, additional usable open space would require a larger setback and build -to line from Main Street which would create a larger building off -set from the adjacent properties. 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 special permits will allow for a site layout consistent with other new construction in the area and will not result in an adverse layout along the Main Street building frontage. 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 because it will allow for a wider pedestrian passage way consistent with the adjacent development which furthers the goal of pedestrian -oriented development in the downtown. The project does not necessitate a larger front or rear setback to accommodate the additional open space area. 4. The granting of Special Permits will be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain (02pcm0423) PC Minutes April 23, 2002 Page 14 and compatible with the surrounding environment. The project will not block views and will be provided with setbacks consistent with new construction in District 3 of the Downtown Specific Plan. 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 because it will not impact any public access or recreation opportunities and will provide better pedestrian circulation with a wider sidewalk CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02- 0410NDITIONAL USE PERMIT NO.02-06: 1. The site plan, floor plans, and elevations received and dated April 8, 2002 shall be the conceptually approved layout with the following modifications: a. Final plans shall be reviewed and approved by the Design Review Board including building elevations, colors and building materials proposed. (DRB) 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. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. The City shall implement consistency of similar hardscape and landscape on both sides of Main Street. (Mitigation Measure) e. 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. (02p=0423) PC Minutes April 23, 2002 Page 15 f. The maximum separation between building wall and property line shall not exceed two (2) inches. Buildings designed to be located near to property line(s) must have their exterior wall adjacent to the property line(s) designed for 2" maximum out of plane displacement resulting from prescribed lateral forces specified by the Uniform Building Code. Maintenance agreement may be required. g. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. h. A plaque shall be incorporated into the building design identifying the historic significance of the site and/or the materials from the existing building shall be incorporated into the design of the new building as appropriate. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. (02pcm0423) PC Minutes April 23, 2002 Page 16 h. An adequate monitoring and/or bonding program shall be established between the City and property owners to ensure that demolition and construction vibration impacts do not adversely affect offsite structures. (Mitigation Measure) i. All facets of the project related to historic preservation shall be reviewed and approved by the City of Huntington Beach. (Mitigation Measure) j. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board informing them of such activity. The Board may relocate, fully document and/or preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) k. Comprehensive documentation of the project site, as it currently exists, shall be prepared prior to the issuance of any building, grading, and/or demolition permits. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABS/HAER). The report shall be archivally maintained with provisions for public access. The costs associated with preparation and maintenance of the documentation shall be the responsibility of the Huntington Beach Redevelopment Agency. (Mitigation Measure) 3. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The following improvements shall be shown on the plan: 1) Curb, gutter and sidewalk along the Main Street frontage, per City Standard Plan Nos. 202 and 207. 2) Pavement for half -width of existing alley plus pavement for 4.5-feet of additional alley dedication. 3) Sewer lateral. 4) The existing domestic water service and/or meter may potentially be utilized if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new domestic water service and/or meter is required, the existing service and/or meter shall be abandoned per Water Division standards. A new domestic water service and/or meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The new water service shall be a minimum of 2-inches in size. The irrigation water service may be combined with the domestic water service. 5) Separate backflow protection devices shall be installed, per Water Division standards for domestic water and fire water services. (02pcm0423) PC Minutes April 23, 2002 Page 17 6) Fire sprinklers are required for the proposed building, the building shall have a dedicated fire service with appropriate backflow protection device that conforms to the current Water Division standards. 7) 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) b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, and utilities. (PW) c. 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) d. 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. One (1) clearly visible sign shall be posted on the perimeter of the site 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) e. 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) 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. (PW) (02p=0423) PC Minutes April 23, 2002 Page 18 g. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) h. A project -specific soils and engineering report shall be prepared by a qualified soils engineer based on a detailed plan of the project. All recommendations of this report shall be incorporated into the project. (Mitigation Measure) i. A pre -grading meeting shall be arranged to discuss the recommendations of the soil investigation and project requirements. Representatives of all concerned parties shall be present. (Mitigation Measure) It shall be the responsibility of the owner and/or contractor to: bring to the attention of a certified soils engineer any unusual conditions which may be encountered in the course of project development and to request appropriate guidance before proceeding with the affected work, and to ensure that the recommendations of the soil report and any supplemental reports are implemented. (Mitigation Measure) k. The applicant shall provide documentation of existing structural conditions in the vicinity of the proposed project and the estimated extent and impact of subsidence on surrounding structures and other improvements, to the satisfaction of the Building Department. (Mitigation Measure) Should ground water be found during excavation, dewatering of the project site shall be required. The applicant shall monitor the extent of subsidence and its associated impacts through placement of appropriate testing devices under the supervision and surveillance of a qualified soil engineer. The City shall be kept informed regarding any structural impacts on adjacent properties and other improvements, and if feasible and necessary, construction process will be modified to eliminate such impacts. (Mitigation Measure) 4. Prior to submittal for building permits, the following shall be completed: a. The Design Review Board shall review and approve the final architectural site plan, building elevations, and colors and materials proposed. (DRB) b. 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. (02p=0423) PC Minutes April 23, 2002 Page 19 c. 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. d. All Fire Department requirements shall be noted on the building plans. (FD) e. Grading and foundation plans, when available and prior to approval, shall be transmitted to a qualified soils engineer for review for compliance with their recommendations. (Mitigation Measure) f. 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) 5. Prior to issuance of building permits, the following shall be completed: a. Dedicate the following to the City of Huntington Beach (PW) (Code Requirement): 1) 4.5 feet of right-of-way for alley purposes. 2) 4.0 feet of right-of-way along the Main Street frontage for street purposes. b. A cash deposit in the amount of $8,450.00 shall be paid to the Public Works Department for the Main Street widening which includes curb, gutter, pavement, sidewalk and tree wells. (PW) c. 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) d. 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, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) e. For Fire Department approval, food preparation fire protection system plans shall be submitted to the Building Department as separate plans for permits. (FD) All Fire Department requirements shall be noted on the building plans. (FD) (02pcm0423) PC Minutes April 23, 2002 Page 20 g. The Departments of Planning and Public Works shall approve a detailed lighting plan. The plan shall be consistent with the Downtown lighting plan and lighting standards in the Downtown Design Guidelines. Outdoor lighting shall utilize energy -saving lamps. All outside lighting shall be directed to prevent "spill -over' onto adjacent properties and shall be shown on the site plan and elevations. Lighting shall be capable of being dimmed to a minimum security level during of hours of non - operation of the facility. (Mitigation Measure) (Planning) h. A sign and landscape plan shall be submitted to the Design Review Board for review and approval. The location and type of all signs shall conform to the provisions of the Huntington Beach Zoning and Subdivision Ordinance and be consistent with the standards listed on page 33 of the Downtown Design Guidelines. (Mitigation Measure) i. The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of public property along the project site. j. Elevations shall show all roofing materials as approved by Design Review Board. Solid concrete block walls, grape stake, or chain link fencing shall not be permitted. (Mitigation Measure) 6. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released, and Certificate of Occupancy issued until the following has been completed: a. All improvements on the approved grading plans shall be completed. (Pw) b. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification #424-Portable Fire Extinguishers. (FD) c. Address numbers shall be installed to comply with City Specification #428-Premise Identification. Number sets shall be required on front and rear of the structure. (FD) d. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low-level exit signs shall be included. (FD) e. 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) (02pcm0423) PC Minutes April 23, 2002 Page 21 f. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. g. All signs shall be in compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance. h. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. i. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. j. Existing fill materials and disturbed, loose soils shall be removed and replaced with component material as required by qualified soils engineer. Site preparation, excavation, and earthwork compaction operations shall be performed under the observation and testing of a soil engineer. Certification of such reports, shall be submitted to the City Engineer prior to issuance of building permits. (Mitigation Measure) 7. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved workplan modified accordingly. (FD) b. Construction equipment shall be maintained in peak operating condition to reduce emissions. c. Use low sulfur (0.5%) fuel by weight for construction equipment. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. g. 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) (02p=0423) PC Minutes April 23, 2002 Page 22 8. The building/restaurant and outdoor dining use shall comply with the following: a. Hours of operation for the restaurant shall be limited to between 7 AM and 12 midnight daily. b. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions more restrictive than those set forth in this approval shall be adhered to. c. Copies of the approved Conditional Use Permit, License Agreement, Maintenance Agreement, and Insurance Policy shall be kept at the place of business at all times. d. The project shall implement mitigation measures included in Downtown Specific Plan EIR 82-2. (Mitigation Measure) e. A minimum 10 ft. clear sidewalk access shall be provided between the outdoor dining and associated barrier fencing and any street furniture, street trees or the curb face on Main Street. 9. Prior to alcohol service on the sidewalk area within the public right-of-way, the following shall be complied with: a. A copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions more restrictive than those set forth in this approval shall be adhered to. b. An updated License Agreement including all applicable fees and payment for funding of a code enforcement officer, as approved by the City Council, shall be obtained from the City for outdoor dining located on public property. The License Agreement shall be subject to termination pursuant to the terms of the License Agreement. c. The applicant shall provide an updated public liability insurance policy as specified in all current insurance resolutions within 60 days from this approval (May 14, 2001). Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. (Code Requirement) 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for (02pcm0423) PC Minutes April 23, 2002 Page 23 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. 11. 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. Coastal Development Permit No. 02-04 and Conditional Use Permit No. 02-06 shall not become effective until the ten working day appeal period has elapsed. 2. Coastal Development Permit No. 02-04 and Conditional Use Permit No. 02-06 shall become null and void unless exercised within one year of the date of final approval which is April 23, 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 Coastal Development Permit No. 02-04 and Conditional Use Permit No. 02-06, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. 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) 8. All applicable Public Works fees shall be paid. (PW) (02p=0423) PC Minutes April 23, 2002 Page 24 9. Traffic impact fees shall be paid at a rate of $123 per net new added daily trip. {Existing = 130 trips, Proposed = 236 trips, Balance = 106 trips X $123 _ $13,0381. (PW) 10. An Encroachment Permit is required for all work within the City's right-of- way. (PM) 11. State -mandated school impact fees shall be paid prior to issuance of building permits. 12. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. 13. Prior to issuance of Building Permits for new construction in the Coastal Zone, a Categorical Exclusion fee shall be paid. 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. 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. 16. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 17. Live entertainment is not permitted unless a conditional use permit for this specific use is reviewed and approved. C. CONSENT CALENDAR — No Items. D. NON-PUBLIC HEARING ITEMS — None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. (02pcm0423) PC Minutes Apri! 23, 2002 Page 25 E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Mandic — None. Commissioner Kerins — Requested staff to recommend to the City Council to keep the public informed of the General Plan Review and any future progress made related to the General Plan's Implementation Programs. Commissioner Hardy — Invited the Commission, staff and viewers to the Huntington Beach High School pool dedication ceremony on Friday, April 26, 2002 at 4:00 p.m. at the comer of Palm and 17t" Street. Commissioner Shomaker — Congratulated Susan Pierce, Associate Planner on her retirement after 30 years of service to the City. Commissioner Livennood — Informed the Commission and staff that the Mayor's Workshop on Regional Transportation scheduled for Thursday, April 25, 2002 at 6:30 p.m., conflicts with the neighborhood community meeting scheduled for Thursday, April 25, 2002 at 7:00 p.m., to discuss the re -opening of the former Burke School as a private school. Commissioner Kokal — Asked staff to include the Commission's discussion leading to their action to forward ZTA #01-02 (Park In -Lieu Fee Ordinance) to the City Council without a recommendation. Commissioner Porter — Absent. 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 April 15, 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 May 6, 2002. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner— reviewed items for the Planning Commission meeting of May 14, 2002. (02p=0423) PC Minutes April 23, 2002 Page 26 G. ADJOURNMENT — Adjourn to the next regularly scheduled Planning Commission meeting of May 14, 2002. HZ:HF:d APPR V E D BY: ward Zel fsky, Secretary gh"tehomaker. Chairperson (02pcm0423)