Loading...
HomeMy WebLinkAbout2003-09-09MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 9, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:16 P.M. - ROOM B-8 CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P A ROLL CALL Davis, Scandura, Livengood, Kokal, Shomaker, Dingwall, Ray Commissioner Ray arrived at 5:40 p.m. A. STUDY SESSION ITEMS 1. PERMIT STREAMLINING PHASE II — Herb Fauland Herb Fauland, Principal Planner, informed the Commission of City Council activity related to Entitlement Permit Streamlining — Phase II (Huntington Beach Zoning and Subdivision Ordinance - HBZSO) as outlined in an H-Item dated August 11, 2003. The Council motion directed the Planning Director to initiate a zoning text amendment to amend the HBZSO and any specific plans as deemed necessary to streamline the entitlement permit process and return to the City Council with a recommendation as soon as possible. Discussion ensued about the list of revisions to the HBZSO related to Entitlement Permit Streamlining - Phase I in January 2002, and the types of requests that qualify for streamlining to improve customer service by allowing the review of an entitlement by a lower hearing body. The Commission asked about public notification on 2nd story add-ons (i.e., Granny Flats). Staff explained that State law does not require public notification on such requests. PERMITS (PACIFIC CITY) — Applicant Presentation Scott Hess, Planning Manager, provided a brief description of the project timeline, including notifying the public of Design Review Board and Subdivision Committee meeting dates where the Pacific City project will be discussed. Michael Gagne, Makar Properties, presented slides and discussed the different elements of the project including the commercial and residential uses proposed, building locations, elevations, design, landscaping, traffic management, parking, affordable housing, etc. He identified a phasing plan that showed the project's construction timeline and discussed environmental studies and documentation associated with the project. He also informed the Commission that upon completion of all environmental study, information would be available to the public at a Pacific City Information Center that will be located at Second Street and Pack Coast Highway. (03a90909) PC Minutes September 9, 2003 Page 2 Discussion ensued regarding redevelopment area incentives, on -site and off -site affordable housing and projected revenue generation. 3. AGENDA REVIEW — Herb Fauland PUBLIC COMMENTS — Regarding Study Session portion of Meeting Steve Daniel, Huntington Beach Downtown Merchants Association, spoke in support of the Pacific City project, calling it a good link to downtown businesses through transportation and its benefits to the City by connecting residential and retail uses that produce tax revenue. Mark Bixby, Huntington Beach, spoke regarding the proposed project's wetland characteristics, and stressed the importance of the matter being addressed in the environmental impact report (EIR). He also stated he looks forward to viewing the EIR document in an electronic document format. Rick Shafer, Huntington Beach, voiced concerns related to Pacific City and soil remediation on the 31-Acre property. He also voiced concerns about four area children being diagnosed with rare brain tumors, wondering if their condition may have been connected to the soil remediation efforts at the Sunrise Assisted Living facility on Yorktown, and that such efforts on the Pacific City site are cause for concern. He urged the Commission to make all soil information available to the public, and discussed safety concerns for his children. Paul Cross, Pacific City Coalition, made a presentation to the Commission that discussed environmental issues including: 1) Potential Health and Safety Risks/Exposure to Petroleum Contamination; 2) Critique of Existing Environmental Studies (1996 Phase II Study, 1999 Soil Transport Study); and 3) Issues Which Must be Resolved to Ensure Accurate Characterization of the Site, Potential Groundwater Contamination Near the Former Chevron Gasoline Plant, Possible Presence of the Carcinogens Benzene and Toluene in the Soil near the Gasoline Plant, and Exemption Request from both Hazardous Materials Testing and Environmental Clean -Up. He also informed the Commission of four documented cases of a rare type of brain tumor called Brain Stem Leoma found in residents who live in close proximity to the Sunrise Assisted Living complex on Yorktown Avenue near Lake Street, suggesting that the soil remediation efforts done prior to construction of the facility may have a direct link to the rare brain tumor occurrences. John Ott, Stand Together In The Fight, voiced concerns about soil contamination and remediation efforts associated with the 31-Acre (Pacific City) property. He informed the Commission that his family resides on Huntington Street near the Sunrise Assisted Living facility, and that his daughter was diagnosed and died from a Brain Stem Leoma tumor. He is concerned that soil remediation efforts on the 31-Acre (Pacific City) site may cause similar medical conditions to area residents. Ron Satterfield, Pacific City Coalition, discussed the traffic impacts associated with the widening of Atlanta Street. He voiced concerns about lack of tax revenue to pay for development of the parks, streets, sidewalks, gutters, police and fire service, etc., associated with the project. Cheri -Jan Olsen, Stand, voiced concerns about soil contamination, informing the Commission that her husband hauls dirt for a living, and that her 6-year old son was diagnosed with a Brain Stem Leoma tumor two years earlier, and passed away two weeks ago. She urged the Commission to make soils report information on the 31-Acre (Pacific City) site available to the public, and to include any information on ground water contamination. (03p=0909) PC Minutes September 9, 2003 Page 3 The Commission asked staff if the soils and groundwater analysis would be included in the Pacific City Environmental Impact Report (EIR) Appendices. Staff introduced Mary Ann Tanzer and Teri Vitar, EIP Associates, the environmental consultants responsible for producing the Pacific City EIR. Mary Ann Tanzer confirmed that test information on soil and groundwater conditions would be made available to the public. The Commission asked if the EIR would be available in electronic format. Staff confirmed, but also advised the Commission that material located with the Technical Appendices has been gathered from outside sources, and that it would not be included with the City's electronic version of the EIR on the City's website. Mary Ann Tanzer explained that the supporting data is somewhat obsolete, and that although it is possible, it may not be feasible to include. The Commission discussed donation of time to public speakers. Staff explained what items will be heard at the Planning Commission Study Session of September 23, 2003. A MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO ALLOW DONATION OF TIME TO INDIVIDUALS WHO ARE PART OF A GROUP OR ORGANIZATION PRESENTING INFORMATION THAT MAY EXCEED THE 4-MINUTE TIME PERIOD, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Livengood, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Davis, Scandura, Livengood, Koka/, Shomaker, Dingwall, Ray The Commission discussed Commissioner Livengood's valuable experience as a past Planning Commissioner. A MOTION WAS MADE BY SCANDURA, SECONDED BY KOKAL, TO NOMINATE COMMISSIONER LIVENGOOD AS VICE CHAIRPERSON. Discussion ensued on whether or not the Commission was bound to City Council/Planning Commission succession guidelines, and how nominating Commissioner Livengood as Vice Chairperson contradicts the intentions of the Commission's Protocol and Bylaws. (03p=0909) PC Minutes September 9, 2003 Page 4 The Commission voiced concerns about how discussing the election prior to the meeting may have violated the Brown Act. Commission Scandura took responsibility for violating the Brown Act by disclosing that he contacted other Commissioners to inform them of his intentions to nominate Commissioner Livengood as Vice Chairperson. THE MOTION WAS RESTATED BY SCANDURA, SECONDED BY KOKAL, TO NOMINATE COMMISSIONER LIVENGOOD AS VICE CHAIRPERSON, BY THE FOLLOWING VOTE: AYES: Scandura, Livengood, Kokal, Dingwall NOES: Shomaker, Ray ABSENT: None ABSTAIN: Davis MOTION PASSED AGENDA APPROVAL A. ORAL COMMUNICATIONS Gary Gorman, Huntington Beach Wetlands Conservancy, spoke in support of Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant) and discussed the Conservancy's plans to restore the % parcel adjacent to the proposed site and owned by AES. Jeff Ackley, W.E.V.O.T.E., spoke in opposition to Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant), voicing concerns about water quality. He urged the Commission to stop the experiment. Mary Jo Baretich, Cabrillo Mobile Home Park, spoke in opposition to Public Hearing Item No. B- 2 (Poseidon Seawater Desalination Plant), voicing concerns about water and air pollution associated with toxic waste on the Ascon-Nesi property and the AES power plant. She urged the Commission to clean up the ocean, not add to the pollution. Richard Batistelli, Huntington Harbour Homeowner's Association, spoke about City zoning codes and residential building heights. He voiced concerns related to mansionization of Gilbert Island homes, and building heights that exceed 35'. Lary Porter, Ocean Outfall Group, spoke in opposition to Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant) and voiced concerns related to the AES discharge plume and the waiver held by the Orange County Sanitation District (OCSD). Joey Racano, Ocean Outfall Group, spoke in opposition to Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant). He discussed AES permits and violation of Section 316B. He also discussed the waiver held by the OCSD, and how the City will receive pollution while another user receives the water produced by Poseidon. Nancy Agostini, Cabrillo Mobile Home Park, spoke in opposition to Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant) and stated that she supports Commissioner Dingwall's suggested conditions of approval. John Earl, Huntington Beach, spoke in opposition to Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant) and stated that he supports Commissioner Dingwall's suggested (03p=0909) PC Minutes September 9, 2003 Page 5 conditions of approval. He also stated that the Commission is not experienced enough to make such an important decision without taking plenty of time. Jan Vandersloot, Huntington Beach, spoke in opposition to Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant). He handed out a packet of information related to the AES discharge plume. He stated that the aspects of the Poseidon EIR are not accurate and compared the data to the California Energy Commission's (CEC) report on AES. He also discussed bacteria levels and the intake/outfall process, and informed the Commission of wetland attributes in Blackbird's Ditch. Tim Geddes, Southeast Huntington Beach Neighborhood Association, spoke in opposition to Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant). He discussed tax revenue and voiced concerns related to transfer of ownership. He also stated that the City must secure support from local and state regulatory agencies before making a decision on the request. Billy Owens, Poseidon Resources, spoke in support of Public Hearing Item No. B-2 (Poseidon Seawater Desalination Plant) and was available to answer Commission questions. He addressed Jan Vandersloot's concerns and will consider how to address/mitigate the issues raised in the CEC's report on AES. He mentioned that Elaine Archibald read the CEC report and found no new issues for concern. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. 13-1. TENTATIVE TRACT MAP NO. 164901 CONDITIONAL USE PERMIT NO.03-081 VARIANCE NO. 03-10 (BEL AIR RESIDENTIAL DEVELOPMENT - CONTINUED FROM AUGUST 26, 2003 WITH PUBLIC HEARING OPEN): Applicant: Bill Holman, PLC Land Company Request: TTM: To subdivide 17.89 acres of land into 106 numbered lots and nine (9) lettered lots for residential development purposes. The subdivision also includes one 4.01-acre parcel to be dedicated for park purposes and one 1.36-acre remnant lot for ongoing soil remediation. CUP: To construct 104 residential units on a site with a grade differential of three feet or greater and retaining walls two feet high or greater (maximum 7 feet high). VAR: To allow a 10-foot building separation in lieu of the minimum required 15-foot building separation. Location: 18800 Gothard Street (southeast corner of Gothard Street and Promenade Parkway) Proiect Planner: Ram! Talleh, Assistant Planner Rami Talleh, Assistant Planner, provided a brief presentation to the Commission. Commissioners Scandura, Livengood, Shomaker and Dingwall disclosed that they had spoken to the applicant and Bob and Connie Mandic. Commissioner Kokal disclosed that he toured the site and spoke to the applicant, Bob and Connie Mandic, and Mike Ramsey with Ecology Tire, Inc. Commissioner Ray disclosed that he toured the site and spoke with the applicant and Bob and Connie Mandic. Commissioners Scandura and Livengood also disclosed that they had viewed the videotape of the August 26, 2003 Planning Commission meeting. Staff identified the changes proposed by the applicant to mitigate concerns made by neighboring industrial businesses. Questions/comments included: (03p=0909) PC Minutes September 9, 2003 Page 6 ■ New language to Condition of Approval 1.b. on Attachment 1.11 related to 36" box, broad -leaf evergreen trees intended to screen elements such as noise and odor from the adjacent industrial uses ■ Address concerns from the Cape Ann residents regarding one entry/exit to the proposed development THE PUBLIC HEARING WAS OPENED: Connie Mandic, Tisbury Circle, spoke in support of the item with suggested modifications. She discussed 2"d and 3rd story screening, prominent disclosure about adjacent industrial uses to future residents, and the possibility of adding an entrance on Gothard Street. She complimented PLC on their efforts to accommodate neighboring businesses with areas of concern. John Hooker, Breezy Lane, spoke on behalf of Marlin Steiner who wished to voice concerns related to the development's entrance on Seagate Drive, and how it will affect pedestrian safety near the neighborhood park. He made reference to the petition included within the staff report to create additional entrances to the development on Gothard Street and Promenade Parkway. Bill Holman, PLC Land Company, spoke in support of the item. He discussed the new conditions of approval that were provided in an August 21, 2003 letter to the Planning Commission addressing neighbors concerns. He stated that the Seagate Drive entrance was adequate, and that a temporary entrance on Gothard Street will be provided during construction and soil remediation. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued about the sidewalk extension from the Cape Ann development on Seagate Drive to the planned park. With concerns about pedestrians illegally crossing Seagate Drive to enter the park, several ideas were proposed, including extending Seagate 100 ft. into the existing cul-de-sac, adding a crosswalk at Seagate and Promenade Parkway, or adding a crosswalk from the Cape Ann development exit directly across to the planned park. Staff said that the matter should be referred to the Public Works Commission for review and recommendation. The Commission discussed full and prominent disclosure to new and prospective buyers of the industrial presence in adjacent properties. It was suggested that this type of language also be included in the property's Covenants, Conditions and Restrictions (CCR's) as an attachment that requires a signature. The Commission wanted to verify lot numbers listed on Condition of Approval 1.b on Attachment 1.4. The Commission recommended replacing the word permanent with temporary on Condition of Approval 3.p. on Attachment 1.7. The Commission recommended adding new language to Condition of Approval 1.b. on Attachment 1.11 related to broad -leaf, evergreen trees. (03pcm0909) PC Minutes September 9, 2003 Page 7 Discussion ensued regarding drainage and grade differentials for urban runoff at Promenade Parkway and Gothard Street. The Commission asked if the soil remediation plan in place was unique to that site. Fire Division Chief Bumey provided a brief summary of the site's history related to soil remediation and described the current activity, including the process of soil capping and removal. The Commission asked about the proposed fencing along the southerly border of the neighborhood park. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO APPROVE TENTATIVE TRACT MAP NO. 16490, CONDITIONAL USE PERMIT NO.03-08, AND VARIANCE NO.03-10 WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL. THE MOTION WAS AMENDED BY DINGWALL, SECONDED BY SCANDURA, TO MODIFY LANGUAGE IN CONDITION OF APPROVAL NO. I.B. ON ATTACHMENT 1.11 BY REMOVING THE TERM "MATURE" AND INCLUDE "36-INCH BOX EVERGREEN TREES." Chuck Davis, Landscape Architect, suggested that the language was too specific and stated that the applicant and staff will work together to ensure that full screen landscaping will be planted to mitigate concerns voiced by neighboring residents. THE MOTION WAS WITHDRAWN. Scott Hess, Planning Manager, provided alternate language that would include, but not be limited to broad leaf evergreen trees, and would assign landscape planter maintenance to the development's Home Owner's Association. THE MOTION WAS AMENDED BY DAVIS, SECONDED BY SHOMAKER, TO MODIFY LANGUAGE IN CONDITION OF APPROVAL NO. I.B. BY ADDING LANGUAGE THAT WOULD INCLUDE, BUT NOT BE LIMITED TO USE OF BROAD LEAF EVERGREEN TREES AS A LANDSCAPE SCREEN TO THE INDUSTRIAL USES TO THE WEST, AND WOULD ASSIGN LANDSCAPE PLANTER MAINTENANCE TO THE DEVELOPMENT'S HOME OWNER'S ASSOCIATION, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Livengood, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03p=0909) PC Minutes September 9, 2003 Page 8 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO APPROVE TENTATIVE TRACT MAP NO.16490, CONDITIONAL USE PERMIT NO.03-08, AND VARIANCE NO.0340 WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL INCLUDING THE APPROVED AMENDMENTS BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Livengood, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO.16490/CONDITIONAL USE PERMIT NO.03-08NARIANCE NO.0340 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 15182 of the CEQA Guidelines, because the proposal is a residential project undertaken pursuant to and in conformity with a specific plan covered under Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. FINDINGS FOR APPROVAL - TENTATIVE MAP NO.16490: 1. Tentative Tract Map No. 16490 for the subdivision of 17.89 gross acres of land into 104 numbered lots and 9 nine lettered lots for residential purposes, a 4.01-acre lot for the dedication of a future public park, and a 1.36-acre lot for ongoing soil remediation is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, and the Holly Seacliff Specific Plan, or other applicable provisions of this Code, except for the variance request to deviate from the minimum required building separation. Based on the density of the project, which is 9 units per acre and the housing product, which is attached, the development and subdivision will be consistent with the General Plan and the Holly-Seacliff Specific Plan. 2. The site is physically suitable for the type and density of development. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the specific plan. The project site is able to accommodate the type of development proposed. The proposed cut and fill, in addition to retaining walls, will permit the site to be developed consistent with adopted plans by maintaining the natural contour to the greatest extent feasible and maintaining comparable pad heights to the adjacent developments. The tract will result in a density of 9 units per acre, which is below the maximum allowable density of 15 units per acre on the subject site. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 89-1 and will be required to comply with all applicable mitigation measures. (03p=0909) PC Minutes September 9, 2003 Page 9 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. Access to the tract will be taken from Seagate Drive, which is adequate in size to accommodate the proposed development. The proposed single access to the subject site is consistent with the surrounding development in that all three adjacent residential developments are designed with a single vehicular access point. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-08: 1. Conditional Use Permit No. 03-08 for the establishment, maintenance and operation of the 104-unit residential development, retaining walls up to seven feet in height, and a grade differential of greater than three feet 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's design and layout will not be detrimental to the existing residential land uses in the area. The design of the project is similar in scale, mass, architecture, colors and materials as the surrounding residential developments. The project's design will include on -site landscape treatments along Gothard Street and Promenade Parkway to provide a cohesive appearance that is in keeping with the surrounding area. The grading is designed to minimize impacts to surrounding properties by maintaining the natural contour to the greatest extent possible, providing adequate drainage, and maintaining comparable pad heights to the adjacent developments. Based on the grade differential and on site landscaping treatments, the retaining walls will not adversely impact the property owners that will reside within the development, nor will it impact the surrounding area. 2. The conditional use permit will be compatible with surrounding uses through the use of colors, material, and design elements that are consistent with the developments in the area. The project's architecture, walls and fencing, and perimeter landscaping is designed with consistent colors and materials as the residential developments to the north, east and west. The attached single-family design is consistent with other attached products in the area such as the Greystone Keys located at the north terminus of Seagate Drive. The density of the subject site, nine (9) units per acre, is compatible to the surrounding developments which consists of mix of product types ranging in densities from seven units per acre to eleven (11) units per acre. The project is conditioned to provide a 25-foot landscaped planter for those homes along Gothard Street where there are industrial uses on the west side of Gothard Street and to provide a landscape plan to effectively screen the residential homes from the industrial uses. 3. The proposed 104-unit residential project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, with exceptions to the variance, retaining wall heights, and grade differential, which will be approved concurrently. The project complies with the majority of the provisions of the HSSP. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: (03p=0909) PC Minutes September 9, 2003 Page 10 Policy 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the: b) use of building heights, grade elevations, orientation and bulk that are compatible with the surrounding development. The proposed residential project is compatible with the existing development in the surrounding neighborhood. The mass and scale of the proposed project is similar to that of the surrounding residential developments in that the project is designed with the appearance of low -density development. The proposed height of the project provides a transition between the three-story multi -family -development to the east and predominately two-story single-family development to the north. Policy 9.1.4: Require that recreational and open space amenities be incorporated in new residential developments and that they be accessible to and of sufficient size to be used by all residents. Several common open space areas are proposed within the development including a centralized recreation area featuring a pool, spa, and restroom facilities. The private open space is provided in large meaningful areas. The common open spaces are provided for the availability of a variety of uses. The large recreation area provides for active use of the pool and spa. The smaller pocket park provides for more passive activities. The common areas within each cluster provide for interaction between the residents within each cluster of homes. Policy 9.3.2: Require that residential subdivisions consider reduced street widths to achieve a more "intimate " relationship between structures, to the extent feasible and in accordance with the Huntington Beach Fire Department regulations; and include alleys or other means to minimize the dominance of garages along the street frontage. The proposed street width is 36-feet which represents the minimum dimension allowed by the Fire Department for a private residential street. The width of the loop road is in scale with the proposed residential units and creates a relationship between the scale and architecture of adjacent structures. Guest parking is provided on one side of the loop road. The proposed entry courts meet the minimum access requirements by the Fire Department and minimize the dominance of the garages fronting the private loop road. Obiective HE 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. The project will provide 104 additional market -rate housing units. The affordable housing requirement has been met by the provision of 16 moderate -income units at the existing Cape Ann Development. The applicant has met the affordable housing requirements consistent with the terms of the DA and the provisions of the HSSP. Policies UD 1.1.2: Coordinate streetscape and landscape design in all residential neighborhoods to strengthen their identities. The subject site is located within the HSSP, which provides Community Theme Guidelines intended to promote individual neighborhood identities and promote the interrelationships between complementary land uses and community open space features. The applicant (03pcm0909) PC Minutes September 9, 2003 Page 11 proposes a fifteen (15) foot wide landscaped planter along Gothard Street pursuant to the landscaping requirements of the HSSP providing the neighborhood identity and interrelationship of the area. In addition, the project provides a thirty (30) foot wide windrow and the dedication of a four -acre park creating two attractive open space amenities for the area. FINDINGS FOR APPROVAL -VARIANCE NO.03-10: The granting of Variance No. 03-10 for a 10-foot building separation in lieu of the minimum 15 feet will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed project is a hybrid of single and multi -family design. With the separation shown, the project has the appearance of a small lot single-family subdivision. The proposed separation is comparable or exceeds the separation between single-family homes throughout the city. Similar variance requests have been approved under the same zoning classification for the Greystone Keys and Cape Ann project within the HSSP 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is oddly configured having six sides. This constrains the placement of units given requirements for street widths and common as well as private open space areas. The property is also bound on all but one side by public rights -of -way and the boundary of the future neighborhood park and is considered a through lot. Required exterior side yard setbacks along the perimeter of the site are 10 feet greater than that required for interior side yards. A setback of 20 feet is also provided along the easterly boundary abutting the proposed neighborhood park. 3. The granting of the requested variance is necessary to preserve the enjoyment of one or more substantial property rights. The reduced building separation will enable the site to be developed with attached single-family homes in a cluster design that is intended to maximum the use of the land by developing at maximum densities while maintaining the character of low -density single-family developments. In addition, similar variances have been granted within the HSSP. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The variance for reduced building separation will not impact other residential properties in the vicinity. The project is designed comparable to small lot single family projects in terms of side building separation and setbacks providing adequate light and ventilation between units. The project exceeds minimum private and common open space requirements providing adequate recreation areas for the residents. CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 16490: 1. The tentative tract map for 104-unit subdivision including nine lettered lots, 4.01-acre parcel for park purposes, and a 1.36 acre remnant parcel received and dated August 7, 2003, shall be the approved layout with the following modifications: a. Delete Lot Nos. 54 and 57 and reconfigure Lot Nos. 55 and 56 by extending the lot lines to the rear lot line or perimeter (west) wall. (03pcm0909) PC Minutes September 9, 2003 Page 12 b. Increase the width of Lot"I" from 15 feet to 25 feet in width behind Lot Nos. 55, 56, 57, and Lot "D". 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, the following shall be required: a. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. b. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with Fire Department City Specification No. 409. (FD) 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: i. Lot 105 for public park and recreation purposes in accordance with the Environmental Agreement between PLC, Chevron Land and Development Company, and the City of Huntington Beach dated October 21, 2002. ii. A pedestrian access easement across the southeasterly portion of Lot 105 and across Lot A to accommodate the path of travel between the two curb access ramps at the intersection of "A" Street and Seagate Drive. iii. A blanket easement over the private streets and access ways for Police and Fire Department access purposes. iv. An easement for the public water system and appurtenances. Easements for waterlines within private streets shall include the full width of paved areas. Unless access is restricted (by walls, structures, etc.), this easement shall be a minimum total width of 10-feet clear (5 feet either side and beyond the end of the water pipeline or appurtenance) of unobstructed paved or landscaped surface (no surface features; including structures, parking spaces, hardscape, trees, curbs, etc.), pursuant to Water Division Standards. Where access is restricted or impacted by structures, walls, curbs, etc., the easement shall be a minimum width of 20-feet to allow for equipment access and maintenance operations, pursuant to Water Division standards. v. Access rights in, over, across, upon and through the private streets and access ways for the purpose of maintaining, servicing, cleaning, repairing, and replacing the public water system. Access for Water Division personnel shall be maintained at all times per City requirements. vi. A two -foot wide public utility easement (2' PUE) shall be dedicated along each side of all private streets ("A," "B," "C," and "D" Streets) and along the sides of the common driveways identified as Lots "B", "C", and "D" where utility service connections are to be taken. The 2' PUE is in addition to the utility dedications over the private streets. b. The southerly terminus of Seagate Drive shall be dedicated as a public street cul-de-sac and shall be improved with curb and gutter, sidewalk, lighting and pavement in accordance with current City standards for public streets. Illumination calculations must (03pam0909) PC Minutes September 9, 2003 Page 13 be submitted to the Department of Public Works for review and approval of the additional street light to be installed on Seagate Drive in the cul-de-sac. Utilities shall be extended southerly with the new street improvements so as to facilitate their continuation with any future development on Parcel "E". c. The sewer and drainage systems on -site shall be private and maintained by the Homeowners Association. Minimum separation distances between utility lines and property lines shall be per City standards. d. The subdivider/developer shall submit a hydrology and hydraulic study for the runoff from this project and its impact to the existing downstream storm drainage system. The study and the proposed drainage improvements shall include on -site, privately maintained clarifiers, bio-filters, or other devices to control the quality of run-off water from the subdivision. e. The proposed development shall be served from the Zone 2 public water supply system. The water infrastructure and all appurtenances shall be designed and constructed to meet all the requirements of the City of Huntington Beach Water Division Standards. f. The developer shall enter into a Special Utility Easement Agreement with the City of Huntington Beach relieving the City of financial responsibility for replacing and restoring any enhanced pavement surface treatment resulting from the City's operation, maintenance, repair and replacement of the public water system facilities and appurtenances located within the pipeline easement. g. A detailed soils analysis shall be prepared by a licensed 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. h. In development complexes with more than 100 dwelling units and where vehicle washing is allowed, a designated vehicle wash area that does not drain into a storm drainage system shall be provided for common usage. Wash water from this area may be directed to the sanitary sewer (in accordance with City requirements and with prior approval of the sewering agency), to an engineered infiltration system, or to an equally effective altemative. Pre-treatment may also be required. i. A reproducible mylar copy and a print of the recorded tract map shall be submitted to the Department of Public Works at the time of recordation. j. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following item: i. Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. ii. Provide a digital -graphics file of said map to the County of Orange. k. Provide a digital -graphics file of said map to the City per the following design criteria: i. Design Specification: 1. Digital data shall be full size (1:1) and in compliance with the Califomia coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. 2. Digital data shall have double precision accuracy (up to fifteen significant digits). (03p=0909) PC Minutes September 9, 2003 Page 14 3. Digital data shall have units in US FEET. 4. A separate drawing file shall be submitted for each individual sheet. 5. Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. 6. Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. ii. File Format and Media Specification: 1. Shall be in compliance with the following file format: a. AutoCAD (version 13 or later) drawing file: _ DWG 2. Shall be in compliance with the following media type: a. CD Recordable (CD-R) 650 Megabytes I. All improvement securities (Faithful Performance, Labor and Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney, if it is desired to record the final map or obtain building permits before completion of the required improvements. m. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. n. The portions of existing public streets, Gothard Street and Promenade Parkway, included within the boundary of the tentative tract map shall be re -dedicated as public streets on the final tract map(s). o. The maximum grade for the emergency accessway connecting to Promenade Parkway shall be 12%. p. The segment of missing sidewalk along the easterly side of Gothard Street, northerly of Garfield Avenue, shall be completed. The existing asphalt berm shall be replaced with concrete curb and gutter and a temporary driveway approach shall be constructed for access to the undeveloped property (location to be approved by the Transportation Division) all in accordance with Public Works standards. 4. The following conditions shall be completed prior to issuance of a grading permit: a. The following improvements shall be designed per City standards and shall be shown for construction on the project Grading Plan and Street Improvement Plans: Curb, gutters, sidewalk, storm drainage, street pavement and signing and striping for the public and private streets and private accessways. ii. A privately maintained street lighting system, consistent with City standards, shall be constructed along the private streets and access ways in this subdivision. A photometric analysis shall be provided which demonstrates that such lighting will not negatively impact the existing residences to the north, east and west. iii. Private sanitary sewer system on -site and extensions in public streets. iv. Public on -site water system with individual water services and meters for each dwelling unit. The proposed water lines shall maintain a minimum ten (10) feet horizontal clearance to the proposed sewer lines. The water services and meters shall be sized to meet the minimum requirements of the California Plumbing Code (CPC) and the Uniform Fire Code (UFC) if sprinkler systems are required in the (03pcm0909) PC Minutes September 9, 2003 Page 15 dwelling units. The minimum size for individual domestic water services is one (1) inch. v. The developer shall construct a separate irrigation system (i.e., service(s), meter(s) and backflow protection device(s)) and shall connect to the existing reclaimed water system pipeline to irrigate perimeter landscaping along Gothard Street and Promenade Parkway, unless otherwise approved by the Water Division. vi. Each separate Homeowners Association (HOA) and/or public common landscaping area(s) within the development shall have separate irrigation service(s) and meter(s), sized to meet the minimum requirements set by the California Plumbing Code (CPC). The irrigation water service shall be a minimum of 1-inch in size. An appropriate Homeowners Association agreement with CC&Rs shall be instituted to provide billing and maintenance of any common area landscape irrigation. vii. Separate backflow protection devices shall be installed, per Water Division Standards for domestic and irrigation water services. b. Prior to beginning construction operations and activities, a Notice of Intent (NOI) and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the State Water Board requirements. 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. Details shall also identify wind barriers around remediation equipment. 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. Additionally, 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 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. 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. f. 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. The plan shall also take into consideration any other street or utility improvement construction work occurring in the vicinity at the same time. These plans must be submitted for approval to the Department of Public Works. (03pcm0909) PC Minutes September 9, 2003 Page 16 g. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. h. In accordance with NPDES requirements, a Water Quality Management Plan (WQMP) shall be prepared by a licensed Civil or Environmental Engineer and submitted to the Public Works Department for review and approval. "Best Management Practices" shall be identified and incorporated into the design. 5. The following conditions shall be completed prior to issuance of Building Permits: a. The final tract map shall be recorded with the County of Orange. 6. The structures cannot be occupied, the final building permits cannot be approved, and utilities cannot be released until the following has been completed: a. Complete all improvements as shown on the approved grading plans, street improvement plans, and landscaping plans. (PW) b. Installation of required landscaping and irrigation systems shall be completed. Any existing perimeter landscaping removed or damaged during construction shall be replaced. (PW) c. All landscaping irrigation and planting shall be certified to be in conformance with the City approved landscape plans by the Landscape Architect of record in written form to the City's Landscape Architect prior to final landscape inspection and approval. (PW) d. Landscape Architect of record shall provide City Landscape Architect with microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings stamped "Permanent File Copy" for City's permanent records. (PW) 7. 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. 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. 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. d. The construction disturbance area shall be kept as small as possible. 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. 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. g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (03p=0909) PC Minutes September 9, 2003 Page 17 h. Wind barriers shall be installed along the perimeter of the site. 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. j. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) 8. On -site parking shall be provided for all construction workers and equipment unless approved otherwise by the Public Works Department. 9. The property owner is responsible for all required clean up of off -site dirt, pavement damage and/or restriping of the public rights -of -way as determined by the Public Works Department. 10. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission's may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT MAP NO. 16490: 1. Tentative Tract No. 16490 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Tentative Map No. 16490, CUP No. 03-08, VAR 03-10 shall become null and void unless exercised within two (2) years of the date of final approval which is August 12, 2005. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 4. Construction shall be limited to Monday — Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation. (PW) 6. Park Land In -Lieu Fees shall be paid prior to approval of the final map by the City. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-081 VARIANCE NO. 03-10: 1. The site plan, floor plans and elevations received and dated August 6, 2003, shall be the conceptually approved layout with the following modifications: (03p=0909) PC Minutes September 9, 2003 Page 18 a. Delete Units Nos. 54 and 57 and reconfigure Unit Nos. 55 and 56 depicting Plan No. 4. b. Provide a 25-foot wide landscape planter along Gothard Street starting from the northwest corner of Lot No. 54 and extending to the southern comer of Lot No. 106. The landscaped planter in this area shall be planted with 36-inch box evergreen trees (such as broadleaf evergreens) which will be maintained by the Home Owners Association to effectively screen the residences from existing industrial uses to the west. Tree maintenance shall be in accord with the International Society of Arborists (ISA) standards; "topping" is not permitted. Screening shall be from the top of the wall to the highest point of the tree without "topping" the tree. c. An 8-foot high perimeter wall shall be provided along the rear lot line of Lot No. 54 and 57 and Lot "D„. d. Windows for Unit Nos. 54 to 72 shall consists of dual plane glazing for noise attenuation. e. Third story loft windows for Unit Nos. 55, 56 and 20 through 32 shall be placed at a minimum height of 5 ft. 4 in. from the top of the floor to the bottom of the window sill. However if the buyers choose to purchase the unit with the optional bedroom on the third floor, the unit shall be required to comply with the Building and Safety Department standards for egress in case of an emergency. Egress windows shall be oriented away from the industrial uses to the west. f. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, Califomia Administrative Code. (Code Requirement) g. 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) h. 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) 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. j. 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: (03pan0909) PC Minutes September 9, 2003 Page 19 a. The applicant shall provide Remedial Action Plan (RAP) based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification #431-92. (FD) b. The applicant shall provide a Permit to Conduct Well Operations for all onsite active/abandoned oil wells From the Division of Oil, Gas & Geothermal Resources (DOGGR). (714) 816-6847. (FD) c. The applicant shall provide proof of a Site Plan Review application From the DOGGR. (FD) d. Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification #422-Oil Well Abandonment Process. (FD) e. Installation and/or removal of underground flammable or combustible liquid storage tanks (UST) require the applicant to first obtain an approved Orange County Environmental Health Care UST permit/site plan. This approved plan must be presented to obtain the required Huntington Beach Fire Department Fire Code Permit Application to conduct Installation and/or removal operations. (FD) f. Vapor extraction treatment areas shall require conformance to City Specification #431- Gas Fired Appliances as well as the Huntington Beach Oil Code. (FD) g. For Fire Department approval, applicant must submit a site plan showing all onsite abandoned oil wells accurately located and identified by well name and API number, PLUS identify and detail all methane safety measures per City Specification #429- Methane District Building Permit Requirements. These details shall be on a separate sheet titled "Methane Plan." (FD) 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. 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. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. (FD) d. All Fire Department requirements shall be noted on the building plans. (FD) e. A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (BD) (03p=0909) PC Minutes September 9, 2003 Page 20 f. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) g. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. h. Contact the United States Postal Service for approval of mailbox location(s). 4. Prior to issuance of building permits, the following shall be completed: a. That line and grade and pad preparation are certified by the Civil Engineer and Geotechnical Engineer. These certifications shall be received by the Public Works Inspector and verged as to completeness and accuracy prior to precise grade release. b. If the project is to be constructed in phases, a Phasing Plan shall be prepared for review and approval by the Traffic Division showing that access to the model and production units will be compatible with construction traffic for the remaining units. c. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification #426-Fire Safety Requirements for Construction Sites. (FD) d. Fire access roads shall be provided in compliance with City Specification #401-Minimum Access for Fire Department Access. In addition to the main entrance to the project, there will be an "emergency access only", with strobe -switch activated, automated gates off of Promenade. This roadway will be a red -curbed access, In compliance with City Specification #415-Fire Lane Signs. "D" Street will have no street parking allowed. (FD) e. 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. The Fire Department and the Public Works Water Division shall determine the number of fire hydrants. (FD) f. Provide a Class I, Division 2, electrical design and installation per the National Electric Code (NEC). (FD) g. 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) h. 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. (FD) i. All Fire Department requirements shall be noted on the building plans. (FD) (03p=0909) PC Minutes September 9, 2003 Page 21 5. The structures cannot be occupied, the final building permits cannot be approved, and utilities cannot be released until the following has been completed: a. All public infrastructure per the approved plans must be completed. b. Secured entries shall utilize strobe -switch activated, automated gates and comply with City Specification #403-Fire Access for Pedestrian or Vehicular Security Gates. (FD) c. Secondary emergency access gates must be secured with KNOX and association (if any) hardware. (FD) d. Courtyard, Paseo, and all project pool areas must have a KNOX access installed on entry gates. Please contact the Huntington Beach Fire Department Administrative Office, (714) 536-5411. (FD) e. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification #424-Portable Fire Extinguishers. (FD) f. Address numbers shall be installed to comply with City Specification #428-Premise Identification. Number sets may be required on front and rear of the structure. (FD) g. 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. Additionally, the site plan shall show 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) 6. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) 7. The applicant/developer shall disclose to buyers the potential of uses and soil conditions found on adjacent and nearby properties The disclosure shall be a separate document attached to the Home Owner Association's CC&R's written in 14-point bold font, and shall require the signature of the buyer. Buyers shall be informed that the existing uses consist of a tire recycling facility, a 24-hour tow yard and other uses including commercial and industrial uses as permitted by the City of Huntington Beach Zoning and Subdivision ordinance and Holly Seacliff Specific Plan, which may operate on a 24-hour basis and may generate noise and/or emit noxious odors and light. The applicant/developer shall disclose to buyers the presence of contaminated soils in close proximity of the site. The disclosure shall be a separate document attached to the Home Owner Association's CC&R's written in 14-point bold font, and shall require the signature of the buyer. 8. 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 (03p=0909) PC Minutes September 9, 2003 Page 22 entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 9. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Tract Map No. 16490, Conditional Use Permit No. 03-08, Variance No. 03-10 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Tract Map No. 16490, Conditional Use Permit No. 03-08, Variance No. 03-10 shall become null and void unless exercised within two years of the date of final approval which is August 12, 2003, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Tentative Tract Map No. 16490, Conditional Use Permit No. 03-08, Variance No. 03-10, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday — Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. All 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 in accordance with the Holly Seacliff Development Agreement. This project is forecast to generate 728 daily trips (104 units @ 7 trips/dwelling unit). The fee per daily trip is $150 per daily trip, which corresponds to a fee of $109,200. (PW) 9. State -mandated school impact fees shall be paid prior to issuance of building permits. 10. Park Land In -Lieu Fees shall be paid prior to approval of the final map by the City. 11. 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 (or Zoning Administrator). 12. An encroachment permit shall be required for all work within the right-of-way. (PW) (03p=0909) PC Minutes September 9, 2003 Page 23 B-2. C FROM AUGUST 26, 2003 WITH PUBLIC HEARING CLOSED): Applicant: Poseidon Resources Corporation Request: To construct a 50 million gallons per day seawater desalination plant including a 10,120 sq. ft. administration building, a 38,090 sq. ft. reverse osmosis building, a 36,305 sq. ft. product water storage tank, and miscellaneous accessory structures on an 11 acre lease area. The proposed improvements include up to four miles of water transmission lines in Huntington Beach, one mile of which will be within the Coastal Zone, to connect to an existing regional transmission system in Costa Mesa. The project also includes perimeter landscaping and fencing along Newland Street and Edison Avenue. Location: 21730 Newland (east side, south of Edison Avenue) Project Planner: Ricky Ramos, Associate Planner Ricky Ramos, Associate Planner, identified the recommended changes to the conditions of approval, including staffs responses to conditions suggested by Commissioners Scandura and Davis dated July 22, 2003, and staffs responses to conditions suggested by Commissioners Kokal and Dingwall dated August 12, 2003. He also identified proposed conditions received from Commissioners Ray and Dingwall that staff had not yet responded to. Commissioner Davis disclosed that he spoke with John Erskine. Commissioner Ray disclosed that he spoke with the applicant, Ron Van Blarcom, RBF Consulting, and Gary Gorman with the Huntington Beach Wetlands Conservancy. Commissioner Scandura disclosed that he viewed the videotape of the August 26, 2003 Planning Commission meeting and spoke with Vic Leipzig, Tim Geddes and Paul D'Alessandro. Commissioner Livengood disclosed that he had viewed videotape material from the May 27, June 10, July 8, July 22, August 12, and August 26, 2003 Planning Commission meetings, along with staff report and related material provided to the Commission to date. Commissioner Dingwall disclosed that he spoke with Vic Leipzig. Questions/comments included: Does the California Department of Fish & Game play a role in governing landscape conditions? Staff replied yes, adjacent to the wetland due to concerns with Raptor Perch. Explanation of Landfill Gas (LFG) generation and migration near the former Cannery Street Landfill boundary (Attachment 1.23, No. 11) Explanation of mitigation measures for facility abandonment (Attachment No. 1.25, No. 18) Commissioner Davis proposed a motion for denial and staff distributed suggested findings for denial. Discussion led to two (2) modifications by adding "and potential sea life" to Conditional Use Permit No. 02-041.a.; and, "rather than enhances them" to Coastal Development Permit No. 1.b. (03pcm0909) PC Minutes September 9, 2003 Page 24 A MOTION WAS MADE BY DAVIS, SECONDED BY KOKAL, TO DENY WITH REVISED FINDINGS CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT), BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Dingwall NOES: Scandura, Shomaker, Ray, Livengood ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO TAKE STRAW VOTES ON COMMISSIONER DINGWALL'S RECOMMENDED CONDITIONS 1, 2,3 (TAXES) ON ATTACHMENT 3.6 FOR CONDITIONAL USE PERMIT NO. 02- 04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT). Discussion ensued regarding alternate methods to reviewing suggested changes to the conditions of approval. THE MOTION WAS WITHDRAWN. Discussion ensued regarding Commissioner Dingwall's proposed conditions for the Poseidon CUP. It was suggested that the Commission provide minute action to the City Council that would include the following proposed conditions: 1) "in -lieu" fee collection if the Poseidon operation and/or its successors are deemed exempt from the Huntington Beach Utility Tax; 2) "In -lieu" fee collection if the Poseidon operation and/or its successors are deemed exempt from real property tax, business tax (of any kind), inventory tax, leasehold tax, or any other tax normally paid by other Huntington Beach businesses; 3) Huntington Beach must be the official point of sale for all products developed and/or sold by Poseidon or its successors in Huntington Beach; 6) A conveyance fee will be included into the right-of-way agreement for the use of Huntington Beach City property in an amount equal to three (3) percent of Poseidon (or its successors) gross annual income. A MOTION WAS MADE BY SCANDURA, SECONDED BY DAVIS, TO PROVIDE MINUTE ACTION TO THE CITY COUNCIL THAT WOULD INCLUDE COMMISSIONER DINGWALL'S PROPOSED CONDITION NOS. 1, 2,3 AND 6 AS A FINANCIAL MECHANISM TO ADDRESS POTENTIAL REVENUE LOSS RELEVANT TO APPROVAL OF CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT), BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Livengood, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03p=0909) PC Minutes September 9, 2003 Page 25 Discussion ensued regarding Commissioner Dingwall's proposed condition #4 addressing visual blight. Chuck Davis, City Landscape Architect shared concerns restricting the type of landscape material for the project. A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY DINGWALL, TO APPROVE STAFF'S RECOMMENDED CONDITION OF APPROVAL NO.1.K. ON ATTACHMENT NO. 1.5 WITH MODIFIED LANGUAGE RELATED TO EFFECTIVE LANDSCAPE SCREENING AND MAINTENANCE, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Livengood, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO APPROVE COMMISSIONER DINGWALL'S RECOMMENDED CONDITION OF APPROVAL NO.4.M.12 ON ATTACHMENT NO. 1.9 WITH MODIFIED LANGUAGE RELATED TO PIPING VIA THE NEAREST ORANGE COUNTY SANITATION DISTRICT SEWER LINE, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Livengood, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Discussion ensued regarding Commissioner Dingwall's proposed condition #7 addressing the return water system and AES outfall temperatures. It was mentioned that monitoring the AES intake pipe is under the jurisdiction of the Santa Ana Regional Water Quality Board (SARWCB). A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY SHOMAKER, TO REMOVE LANGUAGE RELATIVE TO MONITORING WATER TEMPERATURE IN COMMISSIONER DINGWALL'S PROPOSED CONDITION NO.7 ADDRESSING THE RETURN WATER SYSTEM, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Livengood, Kokal, Shomaker, Ray NOES: Dingwall ABSENT: None ABSTAIN: None MOTION PASSED Discussion ensued regarding the mixed ratio figure of 8:1 included in Commissioner Dingwall's proposed condition #7. It was suggested that a mixed ratio of 4:1 was more realistic. (03p=0909) PC Minutes September 9, 2003 Page 26 A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY SHOMAKER, TO REMOVE LANGUAGE IN COMMISSIONER DINGWALL'S PROPOSED CONDITION NO.7 RELATED TO MIXED RATIO FIGURES IN THE RETURN WATER SYSTEM, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Shomaker, Ray NOES: Kokal, Dingwall, Livengood ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DAVIS, TO INCORPORATE LANGUAGE INCLUDED IN COMMISSIONER DAVIS' PROPOSED CONDITIONS ON ATTACHMENT 2.2, ITEM NOS. 3 AND 4 RELATING TO WATER DIVERSION BY LIMITING THE AMOUNT OF WATER DIVERTED FROM AES THAT CAN BE USED FOR DESALINATION PURPOSES TO 40 PERCENT, AND ADOPTING A 4:1 MIX IN THE OUTFALL SYSTEM, BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Dingwall, Ray NOES: Scandura, Shomaker, Livengood ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO ACCEPT COMMISSIONER RAY'S PROPOSED CONDITION NO. I.A. RELATING TO PLANTS INDIGENOUS TO THE SOUTHERN CALIFORNIA COASTAL COMMUNITY, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Kokal, Shomaker, Ray, Livengood NOES: Dingwall ABSENT: None ABSTAIN: None MOTION PASSED Discussion ensued regarding in -lieu fees associated with street widening. Staff provided information on the Newland Street improvements. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO ACCEPT MODIFIED CONDITION NO.1.C. ON ATTACHMENT NO.1.4, AND REVISE CONDITION NO. I.D. ON ATTACHMENT NO.1.4 BY ADDING LANGUAGE "OF THE ENTIRE 11 ACRE LEASE AREA" TO THE LAST SENTENCE, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Kokal, Shomaker, Dingwall, Ray, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03p=0909) PC Minutes September 9, 2003 Page 27 A STRAW VOTE MOTION WAS MADE BY DINGWALL TO ACCEPT ALL NEW CONDITIONS PROPOSED BY COMMISSIONER RAY. THE MOTION RECEIVED NO SECOND. MOTION FAILED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY SCANDURA, TO MODIFY COMMISSIONER RAY'S PROPOSED CONDITION NO.2.1. RELATIVE TO PROTECTING THREATENED OR ENDANGERED SPECIES DURING DEMOLITION OR GRADING PERIODS AND MOVING CONDITION 6(x) to 20), BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Kokal, Shomaker, Dingwall, Ray, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO STRIKE LANGUAGE INCLUDED IN CONDITION OF APPROVAL NO.4.M.7. RELATING TO PALM EQUIVALENT DESCRIPTION, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Kokal, Shomaker, Dingwall, Ray, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KOKAL, SECONDED BY DINGWALL, TO CONTINUE CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02- 05 (POSEIDON SEAWATER DESALINATION PLANT) TO SEPTEMBER 23, 2003, BY THE FOLLOWING VOTE: AYES: Kokal, Shomaker, Dingwall, Ray NOES: Davis, Scandura, Livengood ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR — None. D. NON-PUBLIC HEARING ITEMS -None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS Chair Kokal provided a brief report on action taken at the September 4, 2003 Subdivision Committee meeting, and informed the Commission that Tentative (03pcm0909) PC Minutes September 9, 2003 Page 28 Tract Map No. 16338 (Pacific City) was continued until Thursday, September 18, 2003 at 2:00 p.m. E-2. PLANNING COMMISSION COMMENTS Commissioner Davis -Announced his resignation to the Design Review Board, Subdivision Committee, Public Hearing Process Committee, and all other Planning Commission subcommittees he serves on. Commissioner Scandura — None. Commissioner Livengood — None. Commissioner Kokal — None. Commissioner Shomaker — None. Commissioner Dingwall — voiced concerns about information provided by the County of Orange on the 7-year flood plan. Commissioner Ray — reported that the Environmental Board will make a presentation to the Commission at the September 23, 2003 Study Session, and report on activity related to the Shipley Nature Center. E-3. DISCUSSION ITEMS FOR FUTURE MEETINGS - None scheduled. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING — None reported. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING — None reported. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING — None reported. ADJOURNMENT: Adjourned at 12:15 a.m. to the next regularly scheduled Planning Commission meeting of September 23, 2003. HZ:HF:rl APP VED BY: oward Zelefsky, Secretary Ron avis, Planning Commission Chair (03p=0909)