HomeMy WebLinkAbout2002-09-10MINUTES
Huntington Beach Planning Commission
Tuesday, September 10, 2002
Huntington Beach Civic Center
2000 Main Street, Huntington Beach, California 92648
Study Session
Room B-8
4.45 P.M.
1. 4:45 p.m. CUP NO. 02-09/CDP NO. 02-07NAR NO. 02-12 — 428 MAIN STREET
(KOURY RETAIL/OFFICE BUILDING) — Paul Da Veiga
2. 4:55 p.m. POSEIDON DESALINATION PLANT — Mary Beth Broeren
3. 5:15 p.m. THE STRAND (BLOCKS 1041105) — Herb Fauland
4. 5:40 p.m. PARKSIDE ESTATES PROJECT OVERVIEW (171 SFR) - Scott Hess/
Mary Beth Broeren
5. 6:20 p.m. AGENDA REVIEW — Herb Fauland
6. 6:25 p.m. PUBLIC COMMENTS — Bob Dingwall spoke regarding the Parkside Estates
project.
Regular Meeting
City Council Chambers
7:00 p.m.
PLEDGE OF ALLEGIANCE — Led by Commissioner Stanton
P P P P P P P
ROLL CALL: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
AGENDA APPROVAL
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September 10, 2002
Page 2
A. ORAL COMMUNICATIONS
Vic Szuba, Lake Street, Huntington Beach, voiced concerns about possible vehicular
conflicts along the alley associated with Public Hearing Item No. B-1 (Variance No. 02-
12).
Bob Dingwall, West Orange County Taxpayers Association, voiced concerns related to
Public Hearing Item No. B-3a (Environmental Impact Report No. 97-2).
Dean Albright, Huntington Beach Tomorrow, voiced concerns related to Public Hearing
Item No. B-3a (Environmental Impact Report No. 97-2).
B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s),
Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action.
B-1. COASTAL DEVELOPMENT PERMIT NO. 02-07/CONDITIONAL USE PERMIT
NO.02-09NARIANCE NO. 02-12 (KOURY RETAIUOFFICE BUILDING -
CONTINUED FROM AUGUST 27, 2002): Applicant: Keith Bohr Request: To
permit the construction of a two-story 8,455 square foot retail/office building
with 4,005 square feet of retail space on the first floor and 4,450 square feet of
office space on the second floor. The proposed request includes a parking
variance for ten (10) spaces based on a reduction in the designated parking in
the Downtown Parking Master Plan. Participation in the Downtown In -lieu
Parking Fee Program will be considered by the Planning Commission.
Location: 428 Main Street (East side of Main Street, south of Pecan Avenue).
Project Planner: Paul Da Veiga
On August 27, 2002, the Planning Commission discussed the proposed project,
the required parking, and the parking survey identified in the Downtown Parking
Master Plan. The Planning Commission directed staff to review a development
option, which grandfathers the former 5,500 square foot retail building, originally
located on the property, toward the required parking for the proposed
retail/office building. This option would require the applicant to only provide
parking for the additional square footage above the original 5,500 square feet.
The difference between the proposed office/retail development and former retail
building is approximately 2,955 square feet of office space. The applicant is
proposing to reduce the office square footage by approximately 458 square feet
in order to reduce the required parking to five spaces. The applicant is
proposing to provide four of the required spaces on -site and request
participation in the In -Lieu Parking Fee Program for the remaining parking space
at a cost of $14,106.15. The following tables depict the applicant's original
proposal and revised proposal which has been submitted in response to the
Planning Commission's recommendation:
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OR1GtNAf `:: :: ; :-::;
SttJE; :. :::
CODE:PROVISION'.>:::: ;; :=
PROPOSED - -
:.
8,455 sq. ft. building
Parking
14 Parking Spaces
Required (Block H-DPMP)
4 spaces*
4,005 sq. ft. retail
4,450 sq. ft. office
* Variance Request
-RFVISF� ::::: '>. .::.:
PROPOSAL :::
Ulr --.:: > ' :::>
- PLANNING Cr MMtS fOW.:::::PROPOSED::
REC0MMENDATf0N::>:>
7,997 sq. ft. building
Parking
7,997 sq. ft. retail/office
building
5 spaces**
3,847 sq. ft. retail
4,150 sq. ft. office
5,500 sq. ft. —
grandfathered for retail
parking
2,497 sq. ft. / 500 sq. ft. = 5
spaces re uired
** 4 on -site spaces/ 1 by parking in -lieu participation
SUMMARY:
The Planning Commission direction to interpret the Downtown Parking Master
Plan (DPMP) to grandfather 5,500 square feet of building is not consistent with
staffs interpretation or the premise behind the DPMP adopted by the City
Council and California Coastal Commission. Staff believes that the only
mechanism to approve the proposal discussed at the August 27, 2002 meeting
and grandfather 5,500 square feet is through the approval of a variance. Staff
has prepared the necessary findings for Planning Commission review.
The option to grandfather the former 5,500 square foot retail building on the
subject site, as directed by the Planning Commission, will result is a nine -space
parking variance and participation in the Parking In -Lieu Fee Program for one
parking space. Staff continues to recommend denial of the variance based on
the potential impact to the shared parking analysis within Block H of the
Downtown Parking Master Plan. In addition, staff does not support participation
in the in -lieu parking program until there is direction from City Council for use of
these funds. If the Planning Commission approves the payment of an in -lieu
parking fee for one parking space, staff is recommending a condition that the
fee be paid in one lump sum, in the amount of $14,106.15, prior to submittal for
building permits. Based on the Planning Commission's recommendation, staff
has prepared revised findings and conditions of approval, which are attached
and reflect the direction given to staff.
August 27, 2002 Recommendation:
Coastal Development Permit No. 02-07/Conditional Use Permit No. 02-09
request:
- Construct an 8,455 square foot, two-story retail/office building on a 5,650
square foot vacant lot within District 6 of the Downtown Specific Plan.
- Site improvements include 200 square foot outdoor patio and four
parking spaces located at the rear of the building.
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Variance No. 02-12 request:
- Reduction of ten (10) parking spaces identified in Block H of the adopted
Downtown Parking Master Plan.
Staff's Recommendation:
Deny Coastal Development Permit No. 02-07, Conditional Use Permit No.
02-09, and Variance No. 02-12 based upon the following:
- Negative impact on future development based on the proposed
elimination of ten parking spaces.
- Conflicts with the adopted shared parking analysis which provided the
basis for retail, restaurant, and office development within the Downtown
Parking Master Plan.
- Creates a precedent for future development to eliminate identified
parking in the Downtown Parking Master Plan.
- Impacts future development by resulting in a reduction in the buildout
square footages for retail, restaurant, and commercial development in
Block H of the DPMP.
- Disrupts the current balance of parking between Area 1 and Area 2 of
the DPMP
Staff made a presentation to the Commission.
Commissioner's Shomaker and Porter disclosed that they viewed the August 27,
2002 videotape in order to act on the item.
Questions/comments included:
• Request for parking variance, and it's consistency with the Downtown
Parking Master Plan (DPMP)
• In -lieu fees (fund destination)
THE PUBLIC HEARING WAS OPENED:
Keith Bohr, applicant, provided a brief history on the subject property and how it
justifies a parking variance. He also discussed office and retail square footage.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
A MOTION WAS MADE BY HARDY, SECONDED BY KERINS, TO APPROVE
COASTAL DEVELOPMENT PERMIT NO. 02-07, CONDITIONAL USE PERMIT NO.
02-09, AND VARIANCE NO. 02-12 WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Kerins, Hardy, Shomaker, Kokal
NOES: Stanton, Livengood, Porter
ABSENT: None
ABSTAIN: None
MOTION PASSED
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FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT NO.02-07, CONDITIONAL
USE PERMIT NO.02-09 AND VARIANCE NO.02-12
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.02-07:
1. Coastal Development Permit No. 02-07 to permit the construction of a two-story
7,997 square foot retail/office building with 3,847 square feet of retail space on the
first floor and 4,150 square feet of office space on the second floor conforms with
the General Plan and the Local Coastal Program. The project is consistent with the
General Plan Land Use Element designation of Mixed -Use. The project will comply
with the Downtown Specific Plan — District 6 (Commercial/Office/Residential)
because the proposed uses, particularly on the first floor will add to the variety
neighborhood 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 with the
exception of the proposed nine -space reduction in required parking. 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.02-09:
1. Conditional Use Permit No. 02-09 to permit the construction of a two-story 7,997
square foot retail/office building with 3,847 square feet of retail space on the first
floor and 4,150 square feet of office space on the second floor, 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.
2. The retail/office building will be compatible with surrounding uses because the
proposed construction and commercial and office uses are an extension of the
existing character in Block H which is comprised of several neighborhood
commercial and office uses. It will include commercial 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 condition required for the proposed
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use in the district in which it would be located, except for required parking. The
project complies with all minimum development standards including lot size, building
height, setbacks, floor area, and floor area ratio.
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 and is consistent with the following goals and objectives of the City's
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 preserves, 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 facade 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;
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g. Use of roofline and height variation to break up the massing and provide visual
interest;
h. Visual differentiation of upper and lower floors; .
The proposed development is compatible with existing developments in the
Downtown because it incorporates a consistent building setback with adjacent
properties, roofline variation and articulation, and decorative architectural
details/elements. In addition, an outdoor patio is oriented toward Main Street and
encourages pedestrian activity and landscape planters are incorporated into the
open space areas for visual interest.
FINDINGS FOR APPROVAL - VARIANCE NO. 02-12:
The granting of Variance No. 02-12 to allow a parking variance for nine (9) spaces
based on a reduction in the designated parking in the Downtown Parking Master Plan
will not constitute a grant of special privilege inconsistent with limitations upon other
properties in the vicinity and under an identical zone classification. The subject site
was identified under the Downtown Parking Master Plan as providing 14 parking
spaces for off-street parking as a vacant and unimproved lot based on the
unauthorized use of the site as a parking lot. The applicant is proposing to eliminate
nine of the fourteen spaces identified on the subject property within Block H in order to
allow for the development of a 7,997 square foot retail/office building. The parking
variance does not result in a grant of special privilege since there were no other
unimproved vacant lots that were identified as parking lots throughout the Downtown
Parking Master Plan.
There are special circumstances applicable to the subject property, including location
and surroundings, which require a deviation to the strict application of the zoning
ordinance. Because the subject site is a vacant and unimproved lot located in Block H
of the Downtown Parking Master Plan, 14 parking spaces were identified on the
property, which were not identified on any other vacant lot in the Downtown Parking
Master Plan. The location and past improvements on the subject site warrant the
approval of the variance.
1. The granting of a variance is necessary to preserve the enjoyment of one or more
substantial property rights. Development of the subject site would not be feasible
without the parking variance based on size constraints and compliance with the
Downtown Specific Plan.
2. The granting of the variance will not be materially detrimental to the public welfare
or injurious to property in the same zone classification. The variance for reduced
parking will not impact other commercial properties in the vicinity, based on an
existing surplus in parking identified in Area 2 of the Downtown Parking Master Plan
and based on the proposed use of the building which is predominately office use.
3. The granting of the variance will not adversely affect the General Plan. The
proposed reduction of nine parking spaces within Block H of the Downtown
Specific Plan will not adversely affect existing and future commercial uses on the
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subject site based on the existing surplus of parking identified in Area 2 of the
Downtown Parking Master Plan.
CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-07,
CONDITIONAL USE PERMIT NO. 02-09NARIANCE NO. 02-12:
1. The site plan, floor plans and elevations received and dated July 22, 2002 shall be
the conceptually approved layout with the following modifications:
a. The plans shall be modified to provide a five-foot building setback to the front
property line in compliance with Section 4.8.06 of the Downtown Specific Plan.
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and
Subdivision Ordinance and Title 24, California Administrative Code. (Code
Requirement)
c. Depict all utility apparatus, such as but not limited to back flow devices and
Edison transformers on the site plan. Utility meters shall be screened from view
from public rights -of -way. Electric transformers in a required front or street side
yard shall be enclosed in subsurface vaults. Backflow prevention devices shall
be prohibited in the front yard setback and shall be screened from view. (Code
Requirement)
d. All exterior mechanical equipment shall be screened from view on all sides.
Rooftop mechanical equipment shall be setback 15 feet from the exterior edges
of the building. Equipment to be screened includes, but is not limited to,
heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and
transformers. Said screening shall be architecturally compatible with the
building in terms of materials and colors. If screening is not designed
specifically into the building, a rooftop mechanical equipment plan showing
screening must be submitted for review and approval with the application for
building permit(s). (Code Requirement)
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.
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.
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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.
2. Prior to issuance of grading permits, the following shall be completed:
a. The site plan received and dated February 14, 2002 shall be the approved
layout, except for the rear of the parcel, adjacent to the alley, the four parking
spaces shall be 9-feet wide and 17-feet in depth with a 2-foot overhang or 19-
feet in depth. Presently, the alley with a 4.5-foot alley dedication will provide for
a 19.5-foot back up area only. (PW)
b. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to
the Public Works Department for review and approval. Final grades and
elevations on the grading plan shall not vary by more than one (1) foot from the
grades and elevations on the approved Conditional Use Permit. The following
public improvements shall be shown on the plan: (PW)
1) Pavement for half -width of existing alley plus pavement for 4.5-feet of
additional alley dedication.
2) Sewer lateral.
3) A new domestic water service and meter shall be installed per Water
Division standards, and sized to meet the minimum requirements set by the
California Plumbing Code (CPC). The water service shall be a minimum of
2-inches in size. The irrigation water service may be combined with the
domestic water service.
4) Backflow protection devices shall be installed, per Water Division standards
for domestic water, irrigation, and fire water service.
5) The existing domestic water service and meter shall be abandoned per
Water Division standards.
6) If fire sprinklers are required for the proposed building, the building shall
have a separate dedicated fire service, with an appropriate backflow
protection device.
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. 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)
e. 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
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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.
f. For import soils, the project shall comply with all provisions of the HBMC Section
17.04.085 and Fire Dept. City Specification 429, Methane District Building
Permit Requirements. (FD)
g. The Fire Department must be notified of who will be the environmental site
auditor supervising testing operations during soil import. The selected
environmental firm is responsible for obtaining Fire Department approval for
their testing plan. (FD)
h. 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
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 (Construction Manager
(714) 536-5431) 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.
i. 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.
j. 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)
k. 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.
3. Prior to submittal for building permits, the following shall be completed:
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.
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b. 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.
c. The property owner shall submit an In -Lieu Parking Fee Participation Agreement
to the Planning Department. The agreement shall be reviewed and approved
by the City Attorney as to form and content and, when approved, shall be
recorded in the Office of the Orange County Recorder. The recorded agreement
shall remain in effect for the term specified, except as modified or rescinded
pursuant to the expressed written approval of the City of Huntington Beach. A
lump sum payment in the amount of $14,106.15 for the one (1) in -lieu parking
space shall be required prior to submittal for building permits. (City Council
Resolution Nos. 6720 and 6721).
4. Prior to issuance of building permits, the following shall be completed:
a. The applicant shall submit an application for a parcel map for review and
approval by the Zoning Administrator.
b. All landscape planting, irrigation, and maintenance shall comply with the City
Arboricultural and Landscape Standards and Specifications. (PW)
c. To maintain required emergency access and site safety during project
construction phases, submit a Fire Protection Plan in compliance with the
appropriate sections of City Specification #426. (FD)
d. 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)
e. 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 homs and strobes,
voice communication, and 24-hour central station monitoring. (FD)
f. Elevators shall be sized to accommodate an ambulance gumey. The minimum
dimensions are 6 feet eight inches wide by four feet, three inches in depth with
a 42-inch wide right or left side opening. Center opening doors require a 54-inch
depth. (FD)
g. All Fire Department requirements shall be noted on the plans. (FD)
5. 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. Complete all improvements as shown on the grading plan. (PM
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b. 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)
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. Secondary emergency access gates must be secured with KNOX and
association hardware. (FD)
e. Fire extinguishers shall be installed and located in areas to comply with HBFC
standards found in City Specification #424. (FD)
f. Address numbers shall be installed on structures to comply with Fire Dept. City
Specification 428. (FD)
g. 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 will be included. (FD)
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.
6. During demolition, grading, site development, and/or construction, the following
shall be adhered to:
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)
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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 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 at a 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. 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 days first stage
smog alerts.
o. Discontinue operation during second stage smog alerts.
p. 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. .
q. Discovery of additional contamination/pipelines, etc., must be reported to the
Fire Department immediately and the approved work plan modified accordingly.
(FD)
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)
7. The Planning Director ensures that all conditions of approval herein are complied
with. The Planning Director shall be notified in writing if any changes to the site
plan, elevations and floor plans are proposed as a result of the plan check process.
Building permits shall not be issued until the Planning Director has reviewed and
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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.
8. 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. 02-07, Conditional Use Permit No. 02-09, and
Variance No. 02-12 shall not become effective until the ten -calendar day appeal
period has elapsed, or until the ten working day appeal period has elapsed for
Coastal Development Permits.
2. Coastal Development Permit No. 02-07, Conditional Use Permit No. 02-09, and
Variance No. 02-12 shall become null and void unless exercised within one year
of the date of final approval which is August 27, 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. 02-07, Conditional Use Permit No. 02-09, and Variance No. 02-12,
pursuant to a public hearing for revocation, if any violation of these conditions or
the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code
occurs.
4. The development shall comply with all applicable provisions of the Municipal
Code, Building Division, and Fire Department as well as applicable local, State
and Federal Fire Codes, Ordinances, and standards, except as noted herein.
5. Construction shall be limited to Monday — Saturday 7:00 AM to 6:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
6. All applicable fees from the Building, Public Works, and Fire Departments shall be
paid prior to the issuance of Building Permits.
7. 'The applicant shall submit a check in the amount of $43.00 for the posting of the
Notice of Exemption at the County of Orange Clerk's Office. The check shall be
made out to the County of Orange and submitted to the Planning Department
within two (2) days of the Planning Commission's action.
8. Traffic Impact Fees shall be paid at a rate of $123 per new net added trip
($41,221.00). (PW)
9. 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.
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10. 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.
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 right-of-way. (PW)
13. A Certificate of Occupancy must be approved by the Planning Department and
issued by the Building and Safety Department prior to occupying the building.
14. Live entertainment or outdoor dining is not permitted unless a conditional use
permit for this specific use is reviewed and approved.
15. Alcoholic beverage sales are not allowed unless a conditional use permit for this
particular use is reviewed and approved.
B-2. CONDITIONAL USE PERMIT NO. 02-11 (PRAISE CHRISTIAN CHURCH):
Applicant: Derek Anunciation Request: To permit the establishment of a
religious assembly use including religious instruction within approximately 2,840
square feet of an existing 21,800 square foot landscape warehouse building.
The request includes joint use parking based on divergent hours of operation of
uses and the addition of 19 parking spaces on a separate but contiguous parcel
located at the northeast portion of the site. Location: 18851 Goldenwest Street
(west side of Goldenwest Street, north of Garfield Avenue). Proiect Planner:
Paul Da Veiga, Associate Planner
Conditional Use Permit No. 02-11 request:
- To establish religious assembly within a 2,840 square foot room within
an existing 21,800 square foot nursery warehouse building.
- Joint use parking based on divergent hours of operation.
- Site improvements include addition of 19 parking spaces on a separate
but contiguous parcel at the northeast portion of subject site.
Staff's Recommendation:
Approve Conditional Use Permit No. 02-11 based upon the following:
- General Plan goals, objectives, and policies encouraging establishment
of religious uses that support the needs of existing and future Huntington
Beach residents where they are compatible with adjacent uses.
- The facility will fulfill social, educational and community needs of existing
and future residents of Huntington Beach.
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- Soundproofing of the interior of the building will reduce potential noise
impacts to adjacent residential properties.
- Divergent hours of operation between the existing nursery use and
proposed church allow for joint use parking.
Staff made a presentation to the Commission.
Questions/comments included:
• Hours of operation for the existing landscaping business (Sunday's
prohibited)
• Joint use parking agreement
• Sound suppression
• Setback requirements
THE PUBLIC HEARING WAS OPENED:
Edward De Pascale, Gothard Street, Huntington Beach, spoke in support of the item.
Victoria De Pascale, Gothard Street, Huntington Beach, spoke in support of the item.
Dailene Coad, Everest Circle, Fountain Valley, spoke in support of the item, stating that
the church provides spiritual direction and support for she and her family.
Jessica Jahangiri, Slater Avenue, Fountain Valley, spoke in support of the item and the
Church, and thanked the Commission for approving the zoning text amendment that
would allow the Church to file for a conditional use permit.
Woody Young, Deville Street, Huntington Beach, spoke on behalf of the property owner
to support the item, and to oppose conditions of approval related to fire sprinklers,
sound barriers and City water usage. He also discussed how the church only occupies
a small portion of the large building, and that the front door entry was adequate for Fire
Department access.
Gerald Chapman, Shire Circle, Huntington Beach, spoke in support of the item and
discussed the specific plan setback requirements, fire lane access and hours of
operation.
Rosemary Fuentes, Newhope Street, Santa Ana, spoke in support of the item.
Joe Colombo, Architect, spoke in support of the item and with suggested findings for
approval. He discussed the structures historical significance, building code
requirements, block wall height, landscaping and noise elements.
Derek Anunciation, Pastor for Praise Christian Church, spoke in support of the item.
He discussed how the Church has been displaced for months because of City zoning
requirements. He thanked the Commission for approving the zoning text amendment
but spoke in opposition to conditions of approval related to soundproofing, parking, joint
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use, property setbacks, City water usage, fire sprinklers, disposal material, activity
limitations and closure of doors and windows during church services.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED.
Discussion ensued regarding joint use agreement requirements, including limitations on
the amount of activities permitted on any given day.
The Commission and staff discussed blocked fire lanes on the south side of the
property. Staff explained that conditions of approval explain fire lane requirements. It
was also mentioned that fire sprinklers are necessary and required according to the
City's Municipal Code.
The Commission inquired about adding a domestic City water meter. Staff identified
that a meter did exist on the subject property that could be utilized for City water usage.
The Commission inquired about soundproofing the building. Staff explained that
assembly uses near residential require soundproofing, and discussed City noise limits
at the southern property line.
A STRAW VOTE MOTION WAS MADE BY LIVENGOOD TO APPROVE
MODIFICATIONS TO CONDITIONS OF APPROVAL RELATED TO FIRE
SPRINKLERS, SOUNDPROOFING AND DOMESTIC WATER SERVICE.
MOTION APPROVED BY ACCLAIMATION.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KOKAL, TO APPROVE
CONDITIONAL USE PERMIT NO.02-11 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 02-
11
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on
the environment and is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the
proposed religious assembly land use and building remodeling involves minor alteration
of an existing private structure with negligible or no expansion of use beyond that
previously existing on the project site.
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-11:
Conditional Use Permit No. 02-11 for the establishment, maintenance and operation
of a 2,840 sq. ft. religious assembly facility within an existing 21,800 square foot
landscape warehouse building, including joint use parking based on divergent hours
of operation of uses and the addition of 19 parking spaces, will not be detrimental to
the general welfare of persons working or residing in the vicinity or detrimental to
the value of the property and improvements in the neighborhood. The proposed
religious assembly use will be located in an existing building with adequate
separation to adjacent residential properties and soundproofing of the building will
reduce potential noise impacts generated by the religious assembly use.
2. The conditional use permit will be compatible with surrounding uses. The subject
land use is appropriate at the proposed location because the site is easily
accessible by major roadways and anticipated traffic will not impact local residential
streets. The church will provide a good transition between the existing on -site
commercial use and lower intensity residential uses. The proposed religious
assembly use will be compatible with the existing on -site nursery operation and
surrounding uses based on divergent parking needs, the limited number of services
proposed by the church, and adequate separation from adjacent residential
properties.
3. The proposed religious assembly facility will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach
Zoning and Subdivision Ordinance. In addition, any specific condition required for
the proposed use in the Ellis-Goldenwest Specific Plan zoning district. With the
addition of 19 parking spaces, the project site will accommodate a total of 46
parking spaces, which accommodates the joint use of parking facilities by both uses
based on their divergent hours of operation.
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 CG (Commercial General)
on the subject property. In addition, it is consistent with the following goals and
policies of the General Plan:
LU 4.2.1: Require that all structures be constructed in accordance with the
requirements of the City's building and other pertinent codes and regulations;
including new, adaptively reused, and renovated buildings.
LU 13: Achieve the development of a mix of governmental service, institutional,
educational, and religious uses that support the needs of Huntington Beach
residents.
LU 13.1: Provide for the continuation of existing and development of new uses,
such as governmental, administrative, public safety, human service, cultural,
educational, religious, and other uses that support the needs of existing and future
residents and businesses.
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LU 13.1.2: Allow for the continuation of existing and development of new religious
facilities in any land use zone where they are compatible with adjacent uses and
subject to City review and approval.
The proposed development plan for the establishment of the Praise Christian
Church facility promotes renovation and re -use of the building and site in a manner
that will be consistent with the aforementioned goals and objectives of the City's
General Plan. The project is consistent with General Plan Land Use goals,
objectives and policies which encourage development of a mix of governmental
service, institutional, educational, and religious uses that support the needs of
Huntington Beach residents and advocate development of new religious facilities
where they are compatible with adjacent uses.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.02-11:
1. The site plan, floor plans and elevations received and dated July 2, 2002 shall be
the conceptually approved layout with the following modifications:
a. The site plan and floor plans shall indicate the maximum seating capacity for
the assembly area.
b. The plans shall be amended to relocate three parking spaces from the
terminus of the drive aisle to the southerly boundary of the parking area
continuing with 90-degree parking as modified by staff on parking layout dated
August 30, 2002.
c. The plans shall indicate the method and materials for soundproofing the
interior of the space to be occupied by the assembly use or shall provide proof
of compliance with the maximum decibel level of 55 db(A) at the southerly
property line.
d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and
Subdivision Ordinance and Title 24, California Administrative Code. (Code
Requirement)
e. 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)
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
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screening must be submitted for review and approval with the application for
building permit(s). (Code Requirement)
g. Depict all gas meters, water meters, electrical panels, air conditioning units,
mailbox facilities 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.
h. If outdoor lighting is included, energy saving lamps shall be used. All outside
lighting shall be directed to prevent "spillage" onto adjacent properties and shall
be shown on the site plan and elevations.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on all the
working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing) and shall be referenced in the
index.
b. All Fire Department requirements shall be noted on the building plans. (FD)
3. Prior to issuance of building permits, the following shall be completed:
a. The subject property shall enter into irrevocable reciprocal driveway and parking
easement between the subject site and adjacent northerly properties consisting
of APN numbers 110-220-03 and 110-220-02. The location and width of the
access way shall be reviewed and approved by the Planning Department and
Public Works Department. The subject property owner shall be responsible for
making necessary improvements to implement the reciprocal driveway. The
legal instrument shall be submitted to the Planning Department a minimum of 30
days prior to building permit issuance. The document shall be approved by the
Planning Department and the City Attorney as to form and content and, when
approved, shall be recorded in the Office of the County Recorder prior to final
building permit approval. A copy of the recorded document shall be filed with
the Planning Department for inclusion in the entitlement file prior to final building
permit approval. The recorded agreement shall remain in effect in perpetuity,
except as modified or rescinded pursuant to the expressed written approval of
the City of Huntington Beach. (Code Requirement)
b. All applicable Public Works fees shall be paid. (PW)
c. Fire access roads shall be provided in compliance with City Specification #401.
(FD)
d. Fire hydrants must be installed and be in service before combustible
construction begins. Shop drawings shall be submitted to the Public Works
Department and approved by the Fire Department. Indicate hydrant locations
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and fire department connections. The Fire Department and Public Works Water
Division will work jointly to determine the number, location and installation
requirements for on -site fire hydrants. (FD)
e. Due to a change of use/occupancy, an automatic fire sprinkler system shall be
installed throughout the building. For Fire Department approval, plans shall be
submitted to the Building Department as separate plans for permits. (FD)
f. 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)
g. For Fire Department approval, food preparation fire protection system plans
shall be submitted to the Building Department as separate plans for permits.
(FD)
h. A Class III wet standpipe system shall be installed. Shop drawings shall be
submitted and approved by the Fire Department prior to system installation.
(FD)
i. All Fire Department requirements shall be noted on the Building plans. (FD)
4. During demolition, grading, site development, and/or construction, the following
shall be adhered to:
a. Use sprinkler systems in all areas where vehicles travel to keep damp enough to
prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days
(first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
f. Ensure clearly visible signs are posted on the perimeter of the site identifying
the name and phone number of a field supervisor to contact for information
regarding the development and any construction/ grading activity.
5. Prior to final building permit inspection and issuance of a Certificate of Occupancy,
the following shall be completed:
a. All improvements to the property shall be completed in accordance with the
approved plans and conditions of approval specified herein, including
landscaping.
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b. The area for assembly use shall be soundproof, or the applicant shall submit
evidence to indicate compliance with the Municipal Code noise levels at the
southerly property line.
c. The existing domestic water meter shall be relocated and placed at a location
that is readily accessible to Water Division personnel, and shall be constructed
to meet the requirements of the Water Division. The existing water service may
potentially be utilized as determined by the Public Works Department. If the
applicant utilizes the existing service served from the on -site private well, the
existing domestic water service shall be abandoned per Water Division
standards. (PW)
d. If a separate irrigation water service and meter is required, it shall be installed
per Water Division standards and sized to meet the minimum requirements set
by the California Plumbing Code. The irrigation water service shall be a
minimum of two inches in size. (PW)
e. If fire sprinklers are required, the building shall have a separate dedicated fire
service with appropriate backflow protection device. (PW)
f. Separate backflow protection devices shall be installed per Water Division
standards for domestic irrigation and fire water services. (PW)
g. Fire extinguishers will be installed and located in areas to comply with
Huntington Beach Fire Code Standards. (FD)
h. Service roads and fire lanes, as determined by the Fire Department, shall be
posted, marked, and maintained to comply with City Specification No. 415.
Additionally, the site plan shall depict all fire lanes. 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)
i. Address numbers will be installed to comply with City Specification No. 428.
The size of the numbers will be sized a minimum of six (6) inches with a brush
stroke of one and one-half (1-1/2) inches. (FD)
j. 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. (FD)
k. The applicant shall restripe the parking lot so that it conforms to provisions of
Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance.
I. The applicant shall obtain the necessary permits from the South Coast Air
Quality Management District and submit a copy to Planning Department.
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m. Compliance with all conditions of approval specified herein shall be
accomplished and verified by the Planning Department.
n. 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.
6. Use of the project site and building shall be limited to the functions described in the
project proposal (applicant's narrative). Services shall be conducted on Sunday,
and one Wednesday evening service shall be allowed between the hours of 6 p.m.
and 9 p.m.
7. There shall be no conflict in the operating hours based on parking space
requirements for the different uses on the parcel. (Code Requirement)
8. Evidence of an agreement for such joint use shall be provided by proper legal
instrument, approved as to form by the City Attorney. The instrument shall be
recorded in the Office of the County Recorder and shall be filed with the City prior to
issuance of building permit and/or certificate of occupancy, whichever occurs first.
(Code Requirement)
9. All doors and windows along the southerly elevation of the subject building area
used for assembly shall be closed during all services and events conducted within
the subject area.
10. The Planning Director ensures that all conditions of approval herein are complied
with. The Planning Director shall be notified in writing if any changes to the site
plan, elevations and floor plans are proposed as a result of the plan check process.
Building permits shall not be issued until the Planning Director has reviewed and
approved the proposed changes for conformance with the intent of the Planning
Commission's action and the conditions herein. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by the
Planning Commission may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 02-11 shall not become effective until the ten (10)
calendar day appeal period has elapsed.
2. Conditional Use Permit No. 02-11 shall become null and void unless exercised
within one year of the date of final approval, which is September 10, 2002, 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.
02-11, 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.
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4. All applicable Public Works fees shall be paid.
5. The development shall comply with all applicable provisions of the Municipal
Code, Building Division, and Fire Department as well as applicable local, State
and Federal Fire Codes, Ordinances, and standards, except as noted herein.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
7. An encroachment fee shall be required for all work within the City's right-of-way.
8. The applicant shall submit a check in the amount of $43.00 for the posting of the
Notice of Exemption at the County of Orange Clerk's Office. The check shall be
made out to the County of Orange and submitted to the Planning Department
within two (2) days of the Planning Commission's action.
9. Standard landscape code requirements apply (Chapter 323 of the HBZSO).
10. 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.
11. All signs shall conform to the HBZSO. Prior to installing any new signs, or
changing sign faces, a building permit shall be obtained from the Planning
Department.
12. A Certificate of Occupancy must be issued by the Planning Department and
Building and Safety Department prior to occupying the building.
B-3a. ENVIRONMENTAL IMPACT REPORT NO. 97-2 (PARKSIDE ESTATES):
Applicant: Shea Homes Request: EIR: To certify EIR No. 97-2 which
analyzes the potential environmental impacts associated with implementation of
the proposed project. Location: 17301 Graham Street (west side of Graham
Street, south of Warner Avenue, adjacent to the Wintersburg Flood Control
Channel). Project Planner: Mary Beth Broeren, Principal Planner
Environmental Impact Report No. 97-2 (EIR No. 97-2):
- Analyzes proposed development on an approximate 49 acre vacant site
for the purpose of constructing up to 208 homes, associated
infrastructure and private and public open space.
- Documents potential impacts to land use compatibility, aesthetics/light
glare, transportation/ circulation, air quality, noise, earth resources,
drainage/hydrology, biological resources, cultural resources and public
services and utilities.
- Evaluates nine alternatives to the originally -proposed 208 unit project.
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- Concludes that Alternatives 1, 7 and 9 are the environmentally superior
alternatives.
- Concludes that potential impacts can be mitigated to less than significant
levels for the original project and all of the alternatives.
Staff's Recommendation:
- Certify EIR No. 97-2 because it adequately analyzes the potential
environmental impacts associated with the project and identifies project
alternatives and mitigation measures to lessen the project's impacts
consistent with General Plan policies.
Staff made a presentation to the Commission.
Commissioner's Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal and
Porter made disclosures, including speaking with the applicant and interested
members of the community on the proposed project.
B-3b. GENERAL PLAN AMENDMENT NO. 98-1; ZONING MAP AMENDMENT NO. 96-
5A & 96-513; LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4;
ANNEXATION NO.98-1 (PARKSIDE ESTATES): Applicant: Shea Homes
Request: GPA: To redesignate 2.8 acres of RL-7 (Residential Low Density)
property to OS-P (Open Space -Park); to designate approximately 1.5 acres of the
unincorporated parcel as RL-7 (Residential Low Density), and approximately 3.0
acres of the unincorporated parcel as OS-C (Open Space -Conservation); and to
amend the Public Facilities Element by removing the fire station designation on
the subject site. ZMA: A) To rezone approximately 40 acres of property to add a
CZ (Coastal Zone Overlay) to the existing RL-FP2 (Low Density Residential -
Floodplain Overlay) designation, and rezone approximately 8.2 acres from RA -CZ
(Residential Agriculture - Coastal Zone) and RL-FP2 to OS -PR -CZ (Open Space
- Parks and Recreation - Coastal Zone) consistent with the General Plan; B) To
prezone approximately 1.5 acres of the unincorporated parcel to RL-7
(Residential Low Density), and approximately 3.0 acres of the unincorporated
parcel to OS-C (Open Space Conservation). LCPA: To amend the City's Local
Coastal Program's Land Use Plan and implementing ordinances in accordance
with the GPA and ZMA and forward to the California Coastal Commission for
certification. The request also includes annexation of approximately 4.5 acres
into the City from the County of Orange. Location: 17301 Graham Street (west
side of Graham Street, south of Warner Avenue, adjacent to the Wintersburg
Flood Control Channel). Project Planner: Scott Hess, Planning Manager
General Plan Amendment No. 98-1 request:
- Redesignate 2.8 acres of RL-7 (Low Density Residential) property to OS-
P (Open Space -Park).
- Designate the approximately 4.9-acre County of Orange parcel to be
annexed as follows: approximately 1.6 acres as RL-7 (Residential Low
Density) and approximately 3.3 acres as OS-C (Open Space -
Conservation).
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- Amend the Public Facilities Element to remove the fire station
designation on the subject site.
Zoning Map Amendment 96-5A & 5B request:
- 5A - Rezone approx. 40 acres of property to add a CZ (Coastal Zone
Overlay) to the existing RL-FP2 (Low Density Residential - Floodplain
Overlay) designation; and rezone 8.2 acres from RA -CZ (Residential
Agriculture - Coastal Zone) and RL-FP2 (Low Density Residential) to
OS -PR -CZ (Open Space -Parks and Recreation -Coastal Zone)
consistent with the General Plan.
- 5B - Pre -zone the approximately 4.9 acre County of Orange parcel as
follows: approximately 1.6 acres RL-7-FP2-CZ (Residential Low Density
- Floodplain Overlay - Coastal Zone Overlay); and approximately 3.3
acres CC-FP2-CZ (Coastal Conservation - Floodplain Overlay - Coastal
Zone Overlay).
Local Coastal Program Amendment No. 96-4
- Amend Local Coastal Program/Coastal Element in accord with proposed
General Plan Amendment & Zoning Map Amendment, and certify area
consistent with the City's General Plan.
• Annexation No. 98-1
- Annex approximately 4.9 acres of vacant property into the City of
Huntington Beach.
Staffs Recommendation:
Approve General Plan Amendment No. 98-1, Zoning Map Amendment No.
96-5A & 5B, and Local Coastal Program Amendment No. 96-4 based upon
the following:
- The proposed general plan amendment amends the General Plan Land
Use Map to accommodate a larger and more useable neighborhood park
area and designates the annexation area for low density residential uses
and open space conservation. The proposed RL land use designation
on the area proposed for annexation will result in lower density than is
currently allowed under the County designation. The Fire Department
has determined that a station is not needed at this location.
- The proposed zoning map amendment amends the City's zoning map to
accommodate a larger and more useable neighborhood park area, adds
the CZ (Coastal Zone) suffix to ensure that zoning provisions consistent
with the California Coastal Act are applied, and pre -zones the
annexation area for low density residential and open space conservation
uses consistent with the General Plan Amendment.
- The proposed changes will result in compatible land uses and will not
negatively impact surrounding properties.
- The proposed amendments to General Plan and zoning designations will
not result in significant adverse environmental impacts.
Staff made a presentation to the Commission.
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B-3c. TENTATIVE TRACT MAP NOS. 15377 (CITY) AND 15419 (COUNTY):
CONDITIONAL USE PERMIT NO.96-90, COASTAL DEVELOPMENT PERMIT
NO.96-18 (PARKSIDE ESTATES): Applicant: Shea Homes Request: TTM:
To subdivide approximately 45 acres into 162 residential lots (City), and to
subdivide approximately 4.5 acres into 9 residential lots (County). CUP: To
develop 171 single-family residential units, including creation of property
development standards for dual -product lot sizes, associated infrastructure
improvements, 8.2 acres of park improvements, proposed retaining walls with
heights of greater than two (2) feet, and develop on a property with a grade
differential of greater than three (3) feet between low and high points on the
property. CDP* To permit subdivision and development of the site and
associated infrastructure improvements pursuant to the TTM and CUP.
Location: 17301 Graham Street (west side of Graham Street, south of Warner
Avenue, adjacent to the Wintersburg Flood Control Channel). Project Planner:
Scott Hess, Planning Manager
Tentative Tract Map No. 15377 (City) request:
- Subdivide approximately 45 acres into 162 single family residential lots
and several lettered lots for open space areas.
- Dedicate 8.2 acres of land for public park purposes consisting of 4.1+
acres of bluff and down slopes, and a 4.1+ acre flat area at the base of
the bluff.
- Lettered lots include 2.9+ acres of HOA common areas, paseo park, and
passive areas.
Tentative Tract Map No. 15419 (County) request:
- Subdivide approximately 4.9 acres into nine single family residential lots
(1.6+ acres) and lettered lots for open space areas.
- Lettered lots include a 3.3+ acre HOA passive open space area.
Conditional Use Permit No. 96-90 request:
- Development of 171 single family residential units with site plans, floor
plans, and elevations.
- Planned Unit Development (PUD) for dual -product lot sizes to include 50'
frontages and min. 5,000 sq. ft. lot sizes (average 5,700 sq. ft.); and 60'
frontages with min. 6,000 sq. ft. lot sizes (avg. >7,000 sq. ft.); and six
flag lots with 24' frontages. Those lots that are less than the code
requirement of 60' in width and 6,000 sq. ft in size may be permitted as
part of a PUD.
- Improve an 8.2 acre park (4.1 acres passive area and 4.1 acres active
recreational area).
- Retaining walls greater than two ft. in height and up to 3.5 ft. in height
along the westerly property line adjacent to property within the County of
Orange and adjacent to the channel.
- Development on a site with a grade differential of greater than three (3)
feet.
Coastal Development Permit No. 96-18 request:
- Development of 171 two-story, detached, single family residential units
and associated infrastructure improvements.
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- Development of an 8.2 acre park
• Associated requests for General Plan Amendment No. 98-1, Local Program
Amendment No. 96-4, Zoning Amendment Nos. 96-5A & 5B, and
Annexation No. 98-1 are discussed in a separate report.
Staff's Recommendation: Approve Tentative Tract Map Nos. 15377 and
15419, Conditional Use Permit No. 96-90, and Coastal Development Permit
No. 96-18 with modifications, CEQA Findings of Fact and a Mitigation
Monitoring Program based on the following:
- The site has been zoned and general planned as low density residential
for 31 years.
- The project is consistent with the General Plan Land Use Element
designation of RL-7 (Low Density Residential) and proposed designation
of RL-7 on the subject property.
- The project is consistent with the Local Coastal Program/Coastal
Element as it does not impact public access or recreational opportunities
in the Coastal Zone.
- There are several public improvements to be constructed as a result of
this project including a traffic signal, storm drainage improvements and
flood control protection to ensure that the development is adequately
served with infrastructure.
- Grading, including the import of fill on the property, is consistent with
FEMA requirements.
- Drainage improvements, when completed and certified by FEMA, will
permit FEMA to upgrade the flood insurance map. The new flood
insurance map will result in approximately 1430 acres consisting of
7,000 housing units being removed from the mandatory flood insurance
zone.
- Sheet piling will be installed along the developed portion of Parkside
Estates at the northerly edge of the Wntersburg Flood Control Channel
to increase channel capacity and provide flood protection for the area.
- 28% of the project area (14.4 acres) will be in open space: an 8.2 acre
dedicated public park (5.9 acres dedicated above code requirement) and
6.2 acres of common open space area.
- The project along with the 10% affordable housing requirement helps the
City meet housing goals.
- Project is well -designed in terms of street layout and architecture.
- The project is designed to be compatible with adjacent low density
residential uses in terms of density and building layout, and open space
uses.
• Staffs Suggested Modifications:
Tentative Tract Map No. 15377 and 15419, Conditional Use Permit No. 96-
90, and Coastal Development Permit No. 96-18:
- Delete Lot No. 4 of Tentative Tract Map No. 15419 to create a minimum
100' buffer between potential jurisdictional wetlands and the single family
homes.
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- Dedicate for public pedestrian easement purposes two trails linking the
flood control channel with "L" street and with "C" street in accord with the
trails exhibit.
- Increase interior side yards (minimum 10') when adjacent to the rear yard
of an adjoining lot.
- Provide 25% of minimum 60' wide lots with side entry and/or garages
located to rear of lot.
- The public sidewalk in the paseo park area shall be meandering.
- Delete on plans reference to a new wall along the north property line (the
existing wall may remain since the grade differential will remain the
same).
- Public art shall be required.
Staff made a presentation to the Commission.
Questions/comments included:
• Written concerns on Environmental Impact Report No. 97-2 received from
the California Coastal Commission
• Response to written concerns by staff, EDAW and Rivertech
• Water Quality Management Plan (future Urban Water Plan development)
• Best Management Practices (BMPs)
• Sully Miller Lake (size and outlet plans)
• Slater Pump Station discharge and expansion (retention and detention)
• Flood control ("throttling down" effect within the County water system)
• Information provided on the 100-year storm scenario (peak flow at Slater
Pump Station, offsite/onsite drainage fact sheet, gravity, retention areas)
• Public notification/Brown Act requirements
• $4M FEMA funding for detailed hydrology study done by Simons & Lee
• Probability of additional pump station on the Shea property (too costly and
not necessary)
• FEMA/CLOMR Exhibits (reduction in floodplain and "reduction insurance"
available to 7,000 homes)
• Site discharge (measurements and "time of concentration")
• Incorrect datum (point of reference near the Huntington Beach Pier)
• County permits (must be obtained prior to City permits for Slater Pump
Station activity)
• Number of pumps required at Slater Pump Station
• Holly Seacliff drainage patterns
THE PUBLIC HEARING WAS OPENED:
Ron Metzler, Shea Homes, applicant, made a presentation to the Commission.
Mr. Metzler gave a brief explanation of how plans for the project evolved and
provided information on floodplain issues (drainage patterns, water quality,
grading plan, insurance ratings), traffic analysis, land use compatibility, lot sizes,
community enhancements and open space/park improvements.
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Mike Buley, Ocean Hill Drive, Huntington Beach, spoke in support of the item on
behalf of his father. He urged the Commission to deny any plans for access to
the development from Greenleaf Lane.
Julianne Blake, Kenilworth Drive, Huntington Beach, spoke in opposition to the
item, voicing concerns primarily related to traffic.
Dr. Robert Winchell, Huntington Beach, spoke in opposition to the item,
discussing geology/flooding issues including faulting and liquefaction. He
stated that the project's environmental impact report was not a full disclosure
document. He provided a map with fault information to the Commission.
Julie Bixby, Hillgate Lane, Huntington Beach, spoke in opposition to the item.
She provided a PowerPoint presentation to discuss the Parkside EIR Errata
proposal of removing the fire station designation from the General Plan,
relocation of the Heil Fire Station and public service emergency response times.
Mark Bixby, Neighbors for Wintersburg Wetlands Restoration, spoke in
opposition to the item. Mr. Bixby provided a PowerPoint presentation to identify
areas of concern related to traffic impact and informational deficiencies existing
within the environmental impact report.
Robert Dingwall, Huntington Beach, spoke in opposition to the item and voiced
concerns related to flooding.
Robert Harrison, Greenwich Drive, Huntington Beach, spoke in opposition to the
item. Mr. Harrison provided a PowerPoint presentation and provided
information from the County on rain data related to the Slater Pump Station,
water quality and bacteria levels, and County permit requirements. He also
discussed land history and best land usage.
Bill Steele, Glenroy Drive, Huntington Beach, spoke in opposition to the item,
voicing concerns related to traffic, flooding and subsidence. He asked the
Commission to identify who will indemnify property owners for sinkage caused
by the proposed development.
Barry Speigel, Greenleaf Lane, Huntington Beach, spoke in opposition to the
item, voicing concerns about flooding and how increased land levels will affect
Kenilworth Drive.
Patricia Keppler, Kenilworth Drive, Huntington Beach, spoke in opposition to the
item. Ms. Keppler discussed the second access to Bolsa Chica and her
opposition to the opening of Greenleaf Lane. She also voiced concerns on how
subsidence, dirt and dust create long term property damage.
Doug Stewart, Kenilworth Drive, Huntington Beach, spoke in opposition to the
item, voicing concerns related to hydrology, public service response times and
negative traffic impact. He stated that the City should be responsible to
indemnify property owners for damages caused by the proposed development.
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Charles Beauregard, Greenleaf Lane, Huntington Beach, spoke in opposition to
the item. He discussed information provided in a report by the Metropolitan
Water District related to inappropriate water table levels that would prohibit
building. He stated that the best use for the property would be to restore it to its
natural state.
Dean Albright, Huntington Beach Tomorrow, spoke in opposition to the item,
voicing concerns about storm water runoff on Warner Avenue and health -
hazardous conditions resulting from subsidence underneath homes.
Fred Graylee, Hunsaker & Associates, consultant on the proposed project,
spoke in support of the item. Mr. Graylee informed the Commission of the
staffs and consultants' diligence and careful planning on the proposed project.
He also explained grading requirements mandated by FEMA and recommended
that the Commission consider approval based on expert testimony.
Monica Hamilton, Kenilworth Drive, Huntington Beach, spoke in opposition to
the item, stating that a home is a person's largest investment. She voiced
concerns related to traffic, subsidence and the project's construction timeframe.
She also discussed the second access to Bolsa Chica Street and her opposition
to opening Greenleaf Lane.
Dick Harlow, Main Street, Huntington Beach, spoke in support of the item on
behalf of the applicant. He informed the Commission that City staff,
consultants, FEMA and County of Orange representatives worked hard to make
sense of a good project. He discussed access on Bolsa Chica and assured the
Commission that Greenleaf Lane would not be opened.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Staff read into the record a summary of letters received that evening from
people that had signed up to speak, but because of the late hour had left the
meeting.
Discussion ensued regarding the environmental impact report certification
process. The Commission discussed continuing the item with specific issues to
be addressed such as:
• Response to concerns received by the California Coastal Commission
• Subsidence/liquefaction
• Fault lines
• Water flow (El Nino scenario)
• Flood control capacity
• Comparison of methods used in the 1993 Master Plan of Storm Drainage
versus the 2000 Study
• Fire Department response times
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• Slater Pump Station capacity (cubic feet per second)
• Water migration and legal implications
A MOTION WAS MADE BY KERINS, SECONDED BY KOKAL, TO CONTINUE
ENVIRONMENTAL IMPACT REPORT NO. 97-2, GENERAL PLAN AMENDMENT NO.
98-1, ZONING MAP AMENDMENT NO. 96-5A & 96-513, LOCAL COASTAL PROGRAM
AMENDMENT NO.96-4, ANNEXATION NO. 98-1, TENTATIVE TRACT MAP NOS.
15377 (CITY) AND 15419 (COUNTY), CONDITIONAL USE PERMIT NO. 96-90 AND
COASTAL DEVELOPMENT PERMIT NO. 96-18 (PARKSIDE ESTATES) TO
SEPTEMBER 24, 2002, BY THE FOLLOWING VOTE:
AYES:
Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
C. CONSENT CALENDAR
C-1. PLANNING COMMISSION MINUTES DATED AUGUST 13, 2002
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HARDY, TO APPROVE
PLANNING COMMISSION MINUTES DATED AUGUST 13, 2002, BY THE
FOLLOWING VOTE:
AYES:
Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS — None.
E. PLANNING COMMISSION ITEMS
E-1. PLANNING COMMISSION COMMITTEE REPORTS — None.
E-2. PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Stanton — None.
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September 10, 2002
Page 33
Commissioner Kerins — inquired if it were possible to view examples of lighting
through computer simulation for the Strand, Blocks 104/105 project. He also
requested that Code Enforcement pay close attention to political signs on street
lights and trees.
Commissioner Hardy — None.
Commissioner Shomaker — None.
Commissioner Livengood — mentioned that he would be unable to attend the
September 16, 2002 Design Review Board meeting, and that Commissioner
Kerins would attend in his place
Commissioner Kokal — requested that staff look into modifying the public
notification process.
Commissioner Porter — None.
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 September 3, 2002.
F-2. CITY COUNCIL ITEMS FOR NEXT MEETING
Scott Hess, Planning Manager — reported on the Planning Department items to
be heard before the City Council on September 16, 2002.
F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Planning Manager — reviewed items for the Planning Commission
meeting of September 24, 2002.
G. ADJOURNMENT — Adjourn to the September 24, 2002 Planning Commission meeting.
HZ: HF: rl
APPROVED BY:
ward Zelefsky, Secretary
J Shomaker; Chairperson
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