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HomeMy WebLinkAbout2003-10-14MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 14, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 6:16 P.M. - ROOM B-8 — CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P P ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A. STUDY SESSION ITEMS 1. SOIL REMEDIATION AT 31 ACRES SITE (PACIFIC CITY) — Chuck Burney Chuck Burney, Division Chief/Fire Marshal, made a presentation on the Ten -Year Site Preparation/Soil Characterization and Remediation Program. He discussed the locally governed clean-up standards for soil remediation, and the Fire Departments role in the 31- acre site soil remediation efforts, identifying a 3-Phase process: Phase I - Collection of Data; Phase 11- Development Plan for Sampling and Collection; and Phase III — Collection of Phase I and II Data and Development Action Plan. Chief Burney provided information on Chevron, Inc., it's staff and environmental consultants, and a site remediation plan that was published in 1996. He discussed the available water sources, the consultant/staff review process and weed abatement. The Commission asked about the different types of contaminants and processes for removal. Chief Burney described the different types of contaminants, and explained that remediation depends on the type and level of contamination, which may involve soil mixing, removal, heating, screening or sifting. The Commission inquired about conditions of approval for the grading permit issued to Chevron, Inc. in 1996. Chief Burney explained that a site remediation plan was approved in 1996, but has been updated by a plan approved in 2002. Discussion ensued regarding oil separation, gas collection and transportation during Phase I of the remediation plan. Discussion ensued regarding the need to further inform the public and solicit input during the Environmental Impact Report (EIR) review period. The Commission asked if the EIR assumes 100% site cleanup. Chief Burney replied no. The Commission voiced concerns about missing signs that provided public disclosure of the soil remediation occurring at the site. Chief Burney stated the signs are required as part of the conditions of approval for the site, and that enforcing the condition and having the applicant replace the signs falls under the jurisdiction of Code Enforcement. PC Minutes October 14, 2003 Page 2 2. PRESENTATION BY THE PACIFIC CITY ACTION COALITION — Mike Churchin Mike Churchin, Pacific City Action Coalition, made a PowerPoint presentation and provided handout material, identifying the Coalition's three requirements for ensuring environmental and health safety at the development as: 1. All work on the Pacific City site be halted until there is full access to all site - characterization and remediation documents detailing what has gone on to date, including the potential groundwater contamination testing conducted in 2002 near Chevron's former gasoline distillation plant. 2. Upon receipt of all the background documents, full characterization of the site through independent testing by a firm, mutually decided upon by the Coalition and Makar Properties, paid for by the developer. 3. No exemptions from environmental clean-up or testing for hazardous materials. 3. PRESENTATION BY THE PUBLIC HEARING PROCESS SUBCOMMITTEE -- Bob. Dingwall A MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD, TO CONTINUE PRESENTATION BY THE PUBLIC HEARING PROCRESS SUBCOMMITTEE TO THE PLANNING COMMISSION STUDY SESSION OF OCTOBER 28, 2003, BY THE FOLLOWING VOTE:- . . AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 4. AGENDA REVIEW — Herb Fauland PUBLIC COMMENTS — Regarding Study Session portion of Meeting Barbara Boskovich, Ocean View School District, provided comments on the Park View School Site and Lowe's Home Improvement Warehouse. Michael Gagnet, Makar Properties, provided comments regarding Study Session Item A-2 (Pacific City). He stated that the EIR would address the concerns heard regarding the history of site activity during the past ten years. Daniel Miller, le Street, Huntington Beach, spoke in support of the Pacific City project and stated that although concerns are being voiced relating to cancer causing agents within the soil, the environmental documentation to date shows no evidence to substantiate such concerns. John DeWitt, 18°i Street, Huntington Beach, spoke in support of the Pacific City project, calling concerns voiced about cancer causing agents half-truths, and characterizing Chevron as reputable and environmentally conscious. (03p=1014) -2- PC Minutes October 14, 2003 Page 3 Dale Dunn, Almelo Lane, Huntington Beach, spoke in support of the Pacific City project and discussed the tax benefits associated with the development. Bob Traver, Coho Drive, Huntington Beach, spoke in support of the Pacific City project and discussed other sites to compare how well Chevron is cleaning up the property. He called the project stop -shop -dine tourist attraction, and discussed the benefits of downtown partnership and beachfront living. Doug Traub, Huntington Beach Conference & Visitor's Bureau, spoke in support of the Pacific City project. He discussed the big picture as the key to Huntington Beach's future tourist market. He also discussed the tax base and increased number of jobs, calling the project common sense. 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: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood PRESENTATION OF RESOLUTION NO. 1587 EXPRESSING APPRECIATION TO OUTGOING PLANNING COMMISSIONER RANDY KOKAL Chairperson Davis presented Resolution No. 1587 expressing appreciation to outgoing Planning Commissioner Randy Kokal. A. ORAL COMMUNICATIONS Merilee Madrigal, Huntington Beach resident, provided comments on dumping/landfill activity within the Edison corridors along the Santa Ana River. B. PUBLIC HEARING ITEMS PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. MITIGATED NEGATIVE DECLARATION NO. 02-03/ ZONING MAP AMENDMENT NO.02-031 TENTATIVE TRACT MAP NO. 16438/ CONDITIONAL USE PERMIT NO.02-57 (SEASIDE TERRACE): Applicant: Bonanni Properties and D.S. Products Request: MND: To analyze the potential environmental impacts associated with the implementation of the proposed project; ZMA: To re -zone a 2.17 acre parcel from Residential Agriculture -Flood Plain 2 to Residential Low -Density -Flood Plain 2 to be consistent with the General Plan; TTM: To subdivide a 2.17 acre parcel into ten (10) numbered -lots for single-family residential development and one lettered -lot for a private street, sidewalk and parkway landscaping; CUP: To construct ten (10) single-family dwellings each exceeding 30 feet in height (1.05 ft. to 3.5 ft.) on pads raised approximately four feet above existing grade to comply with FEMA floodplain requirements. The project also proposes retaining walls up to four feet in height in lieu of a maximum height of two feet. The request includes a review and (03pcm1014) -3- PC Minutes October 14, 2003 Page 4 analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. Location: 21341 Lochlea Lane (Westside of Lochlea Lane at Lomond Drive). Project Planner: Ron Santos, Assistant Planner Ron -Santos, Assistant Planner, made a presentation to the Commission, identified late communication, and provided a handout that included an additional condition of approval. Commission disclosures: Livengood: spoke with the applicant and visited the site Dingwall: met with the applicant, Councilmember Sullivan and Coerper, and Commissioner Scandura Shomaker spoke with the applicant Ray: made two property site visits, spoke with the applicant and Marge Counts, resident Scandura: spoke with the applicant and visited the site Thomas: spoke with the applicant Davis: spoke with the applicant and visited the site THE PUBLIC HEARING WAS OPENED: Ed Bonanni, applicant, spoke in support of the item. He informed the Commission of two community meetings conducted for public input. He stated that he accepts the staff -recommended conditions of approval, with the exception of the added setback of 15 feet for Lot #10. He stated he would prefer an additional 5-foot setback from the front property line so a pool can be included in the rear yard. He mentioned that he provided written comments to staff on the recommended changes. He also discussed restricted on -street parking because of difficulty in turning for fire trucks. He agreed to red curb the cul-de-sac. Theresa Ivory, First Team Real Estate, spoke in support of the item and made reference to her September 11, 2003 letter to the Commission included in the staff report as Attachment 6.2. She resides on Locklea Lane near the proposed development and stated that the majority of her neighbors are in favor of the project. Jeri Wendt, Brenton Lane, Huntington Beach, spoke in support of the item and claimed that she was interested in purchasing one of the proposed new units. She stated that the applicant is a responsible developer, and that no negative feedback has been received by neighboring residents. Dave Guido, Lochlea Lane, spoke in support of the item and made reference to issues discussed his October 9, 2003 letter identified as late communication that addressed finished grade differentials, area drainage and construction traffic. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (03p=1014) -4- PC Minutes October 14, 2003 Page 5 Questions/comments included: ■ Discussion of the final drainage system proposal, including minimum pipe diameter of 18" in the public right-of-way and on -site retention specifications ■ Street elevations (FEMA/City fill requirements) as identified on Attachment 2.12 of the staff report ■ Mechanical requirements for hydrology ■ Proposed language to mitigate the potential negative affects to properties located to the north of the project, or to surrounding properties of equal or lesser values • Privacy expectations related to window placement ■ Comparable home value rates ■ Landscape easement/screening ■ Street maintenance responsibility — homeowners association ■ Truck traffic during construction • Lot setbacks and how they affect parking and driveway space ■ On -street parking, signage, red curbing and bicycle lanes ■ Notification to perspective buyer's about industrial Zoning ■ Perimeter wall height and grade differential near Lot No. 10 ■ Haul trucks (apply coverings) ■ Location of water lines available to emergency vehicles ■ Added condition of approval to redirect water flow to the Newland Pump Station Public Works staff provided information to clarify Condition of Approval No. 3c on Attachment 1.6 relating to hydrology. Discussion ensued regarding the Newland Pump Station watershed, the applicant's mitigating runoff on -site, and construction of an offsite storm drain to tie into the existing line at Newland and Hamilton for regional flood benefits. Dick Calh, Hydrology Engineer with Jones/Calh Associates, outlined the process and discussed the feasibility of direct route through the public right-of-way for water drainage. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO APPROVE MITIGATED NEGATIVE DECLARATION NO.02-03, ZONING MAP AMENDMENT NO.02-03, TENTATIVE TRACT MAP NO. 16438 AND CONDITIONAL USE PERMIT NO.02-57 (SEASIDE TERRACE). The Commission suggested proposed amendments to the conditions of approval be made by straw vote. A STRAW VOTE MOTION WAS MADE BY DINGWALL TO POSTPONE DECISION ON HYDROLOGY ISSUES UNTIL A LATER DATE. WITH NO SECOND, THE MOTION FAILED. A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY THOMAS, TO DEMOLISH AND RECONSTRUCT THE EXISTING NORTH PERIMETER WALL ENTIRELY WITHIN THE DEVELOPER'S PROPERTY, AND OBTAIN WRITTEN ACKNOWLEDGMENT FROM AFFECTED PROPERTY OWNERS 15 DAYS IN ADVANCE OF DEMOLITION AND RECONSTRUCTION, BY THE FOLLOWING VOTE: (03p=1014) -5- PC Minutes October 14, 2003 Page 6 AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO PROVIDE AN ADDITIONAL 5-FOOT FRONT SETBACK FOR PARKING PURPOSES BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: Dingwall ABSENT: None ABSTAIN: None MOTION PASSED Discussion ensued on escalator clauses and immediate tow -away signage. A STRAW VOTE MOTION WAS MADE BY DINGWALL TO DENSELY PLANT BROAD -LEAF EVERGREEN TREES THAT ARE 75% MATURE AS A LANDSCAPE SCREEN FOR PRIVACY PURPOSES. WITH NO SECOND, THE MOTION FAILED. A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY THOMAS, TO RESTRICT LANDSCAPING MATERIAL TO DROUGHT RESISTANT, SOUTHERN CALIFORNIA NATIVE VEGETATION BY THE FOLLOWING VOTE: AYES: Thomas, Ray NOES: Scandura, Davis, Shomaker, Dingwall, Livengood ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO APPROVE MITIGATED NEGATIVE DECLARATION NO.02-03 WITH FINDINGS AND'MITIGATION MEASURES, ZONING MAP AMENDMENT NO. 02-03 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, TENTATIVE TRACT MAP NO.16438 AND CONDITIONAL USE PERMIT NO.02-57 (SEASIDE TERRACE) WITH MODIFICATIONS, FINDINGS, AND REVISED CONDITIONS OF APPROVAL BY STRAW VOTE, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: Dingwall ABSENT: None ABSTAIN: None MOTION PASSED (03p=1014) -6- PC Minutes October 14, 2003 Page 7 CONDITIONAL USE PERMIT NO.02-57 FINDINGS FOR APPROVAL — MITIGATED NEGATIVE DECLARATION NO.02-03: The Mitigated Negative Declaration No. 02-03 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Planning Commission prior to action on the Mitigated Negative Declaration, Zoning Map Amendment No. 02-03, Tentative Tract Map No. 16438 and Conditional Use Permit No. 02-57. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated through the conditions of approval for Zoning Map Amendment No. 02-03, Tentative Tract Map No. 16438 and Conditional Use Permit No. 02- 57 will have a significant effect on the environment. FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO.02-03: 1. Zoning Map Amendment No. 02-03 to change the zoning on a 2.1 acre parcel from RA-FP2 (Residential Agriculture — Flood Plain 2) to RL-FP2 (Residential Low Density — Flood Plain 2) is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The General Plan Land Use designation for the subject property is RL-7 (Residential Low -Density — 7 dwelling units per acre). The proposed RL zoning designation is specifically intended to implement the objectives, policies, general land uses and programs specified in the General Plan for properties designated RL-7 on the General Plan Land Use Map. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The proposed zoning map amendment will establish land use and development standards for future low -density, single-family residential development on the subject property. The prescribed land use provisions and development standards are compatible with the planned 10-lot single-family residential subdivision and development. 3. A community need is demonstrated for the change proposed. The proposed zoning map amendment is necessary to achieve consistency with the General Plan Land Use designation applied to the subject property, as required by state law. Moreover, since the current zoning ordinance contains no provisions for the RA designation currently applied to the subject property, the proposed zoning map amendment is necessary in order to establish land use and development standards to implement the policies of the General Plan, promote and protect the public health, safety and general welfare of Huntington Beach residents and to provide the physical, economic and social advantages which result from a comprehensive and orderly planned use of land resources. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Good zoning practice dictates that zoning/land use and development regulations (03p=1014) PC Minutes October 14, 2003 Page 8 be established to provide for the future development of property in a manner which serves to implement the goals and objectives contained in the General Plan. The public convenience and welfare is served by establishing land use regulations and development standards which ensure that future development is compatible with surrounding property, provide a basis for decisions on development proposals, and which inform citizens and developers of the regulations that guide development of the subject property. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO.16438: 1. Tentative Tract Map No. 16438 for the subdivision of a 2.17 acre parcel into ten numbered - lots for single-family residential development and one lettered -lot for a private street, sidewalk and parkway landscaping is consistent with the General Plan Land Use Element designation of RL-7 (Residential Low -Density — 7 units/acre) on the subject property and other applicable provisions of the General Plan. The RL-7 General Plan designation provides for the development of single-family dwellings at a maximum density of seven units per acre. The proposed subdivision will provide for single-family residential development at a density of 6.4 units per acre. 2. The site is physically suitable for the type and density of development. The 2.1 acre subject property can accommodate the proposed 10 lot subdivision and single-family residential development project in conformance with applicable land use and development standards including minimum lot size and lot width, and maximum development density. The project site is undeveloped, has a level topography, contains no rock outcroppings, wetlands, environmental hazards or other constraints, is accessible from an existing public street, and is surrounded on three sides by compatible residential land uses and by undeveloped land to the south. 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. An environmental assessment of the proposed project has been prepared which identifies potential environmental impacts associated with the propose project and necessary mitigation measures. The project site is not environmentally sensitive and contains no fish or wildlife habitat. Based on the findings contained in Mitigated Negative Declaration No. 02-03, no serious health problems or substantial environmental damage will result from the proposed subdivision and development. 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. No public easements for access through or use of the property exist and none are necessary. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.02-57: 1. Conditional Use Permit No. 02-57 to (a) construct 10 two-story single-family dwellings, each exceeding 30 feet in height (1.05 ft. to 3.5 ft.) on building pads raised approximately four feet above existing grade, and (b) retaining walls along the north, south and west property lines up to four feet in height will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed, the project will not generate noise, traffic, odors or other impacts at levels inconsistent with the residential character of the existing neighborhood. Adequate parking to serve the proposed project will be provided on site in conformance with the requirements of the ZSO. Potential environmental impacts, including on -site flooding, will be mitigated to less than significant levels. All run-off from the (03p=1014) PC Minutes October 14, 2003 Page 9 project will be directed to public facilities designed to ensure no impacts to downstream drainage facilities. The project will displace undeveloped land which provides no value to the community with new housing anticipated to have a positive impact on the value of property in the neighborhood. Proposed retaining walls are necessary to minimize the potential for on -site flood damage by providing for fill necessary to raise building pads above the base flood elevation as required by the ZSO and FEMA. Fencing and retaining walls along the perimeter of the subject property are designed to maintain long-term quality (masonry construction) and are conditioned to incorporate pilasters, a decorative cap and a variation in design between the retaining and non -retaining portions in order to minimize impacts to adjoining properties. 2. The conditional use permit will be compatible with surrounding uses. The project proposes construction of 10 single-family dwellings in a neighborhood predominately developed with single-family dwellings. The proposed single-family dwellings are designed to convey a high level of quality and a character consistent with the City's Urban Design Guidelines. The project is designed with a private street, landscaped parkways and front yard setbacks which serve as a buffer to developed property to the north, except at Lot 10 which provides a building setback that is double the minimum required by the ZSO; adjoins undeveloped land to the south, a public street with a 60 foot right-of-way width to the east, and open space associated with a condominium complex to the west. The project has been designed to avoid alignment of windows in the proposed dwellings with windows in existing dwellings on adjacent properties. No significant impacts to privacy at adjoining properties is anticipated. A 10 foot landscape easement and 15 foot building setback along the east side of Lot 1, adjacent to Lochlea Lane, provides for compatibility with the landscaping and setback of existing parcel fronting on Lochlea Lane to the north of the subject property. 3. The proposed 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, including minimum lot size, lot width, building setbacks, landscaping and off-street parking requirements; and maximum lot coverage and building height. The ZSO authorizes building heights exceeding 30 feet and fence/retaining wall combinations exceeding eight feet, with approval of a conditional use permit. 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 RL-7 (Residential Low -Density — 7 units/acre) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. Policy 9.1.1: Accommodate the development of single- and multi -family residential units in areas designated by the Land Use Plan Map, as stipulated by the Land Use and Density Schedules. The proposed Zoning Map Amendment, Tentative Tract Map and Conditional Use Permit provide for the construction of 10 single-family dwellings at a density of 6.4 units per net acre. The General Plan Land Use and Density Schedule allows for single-family dwellings on the subject property at a maximum density of 7.units per acres. L.U. Policy 9.1.2: Require that single-family residential units be designed to convey a high level of quality and character considering the following guidelines: a. Modulate and articulate building elevation, facades and masses (avoiding undifferentiated "box -like" structures). b. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character.of the neighborhood. (03p=1014) PC Minutes October 14, 2003 Page 10 c. Minimize the amount and width of paving of front yards for driveway and garage access. The proposed dwellings feature substantial articulation -of building elevations and masses, including a variety of roof pitches, building heights, setbacks, window and door arrangements, building offsets, garage placement and balconies. The use of plaster exterior finish provides for compatibility with the existing neighborhood, while the varied -color -stone accents help to differentiate the new dwellings and establish a common design theme within the proposed subdivision. All lots are designed with a minimum amount of driveway paving and with front yard landscaping which exceeds the minimum required by the ZSO. U. Policy 3.1.3: Monitor the demands and manage development to mitigate impacts and/or facilitate improvements to the storm drainage system. Recommended mitigation measures require on and/or off -site storm drain improvements as necessary to mitigate the increased storm water run-off from the proposed project to a less than significant level U. Policy 3.1.6: _During development review,- determine if any structures meant for human habitation are constructed within the 100 year flood plain. If necessary, evaluate the structures' flood safety, and require remedial actions. The project site is located in the AE (areas subject to inundation by the 1-percent-annual- chance flood event) 100 year flood plain. The project has been designed to minimize the potential for flood -related damage by establishing finish floor elevations one foot above the base flood elevation, as required by the ZSO and the Federal Emergency Management Agency (FEMA). CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO.16438: 1. Tentative Tract Map No. 16438, received and dated September 8, 2003, shall be the conceptually approved layout. Any inconsistencies between the site plan and the tentative map shall be corrected prior to final approval by the City. (PW) 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, the following shall -be required: a. A scaled and fully dimensioned exhibit shall be provided for approval by the Public. Works Department which demonstrates that the segment of the Lochlea/Lomond knuckle to be constructed with this development complies with City Of Huntington Beach Standard Plan No. 105 (Case 1) and is compatible with the future southerly curb line on Lomond Drive. (PW) b. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on -site or off -site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: . 1) Minimum 10 percent of the units shall be affordable to families of low-income level (less than 80% of Orange County median) for a period of sixty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitate) are off -site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be (03p=1014) PC Minutes October 14, 2003 Page 11 contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. 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. A Homeowners Association shall be created to maintain all common area landscape improvements, including the parkway along Lochlea Lane and within Lot A and the private street. The Homeowners Association shall be responsible for maintenance of private on -site improvements, enforcement of no parking in red curb areas, common landscape areas and irrigation water billings. The sewer and drainage systems located within the private street shall be private and maintained by the Homeowners Association. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs shall include notice to prospective property owners of the existing industrial zoning designation applied to adjacent property south of the project site. The CC&Rs shall include notice to property owners that on -street parking within the bulb of the cul-de-sac and along the north side of the private street shall be prohibited. The CC&Rs must be in recordable form prior to recordation of the map. (PW) b. A 10-ft. wide landscaped setback easement shall be provided along the east side of Lot No. 1 adjacent to Lochlea Lane. No fence or wall shall be constructed within said easement. The easement shall be reflected on the Final Tract Map and Site Plan. c. Final hydrology and hydraulic studies for the runoff from this project and its impact to the existing downstream storm drainage system including the pump station shall be submitted to Public Works for review and approval. This project shall be responsible for mitigating the increased storm water runoff from this property based on the difference between an undeveloped condition and 1985 OCFCD criteria, and the proposed developed condition and current OCFCD criteria. On -site retention may be required as a mitigation measure. The study and the proposed drainage improvements may include an on -site, privately maintained clarifier. If feasible, runoff from the project site shall be directed to the pump station via new drainage facilities located within the Lomond Drive right-of-way. (PW) d. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. The Planning Department shall be provided with a copy of the agreement prior to recordation of the final map. 4. Tentative Tract Map No. 16438 shall not become effective until Zoning Map Amendment No. 02-03 has been approved by the City Council and is in effect. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.02-57: 1. The conceptual site plan floor plans, and elevations received and dated August 20, 2003 shall be the conceptually approved layout, with the following modifications: a. The dwelling proposed on Lot 10 shall be setback an additional 5 feet from the front property line. b. The width of the driveway on Lot 8 shall be increased to 18 feet. (03p=1014) PC Minutes October 14, 2003 Page 12 c. Masonry fencing proposed along the north, west and south property lines shall incorporate pilasters at intervals of approximately 50 ft. and a decorative cap. Retaining walls and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction between retaining and non - retaining portions of the wall. New walls/fences shall be constructed entirely on the subject property. d. Pedestrian -scale decorative fixtures shall be used for all street lighting within the private street. e. The proposed block wall along the northerly side of Lot "A" shall not extend closer than 20 feet from the westerly curb line of Lochlea Lane. (PW) f. Parking shall be prohibited along the bulb of the cul-de-sac and along the north side of the private street. Red curbing and signage shall be installed accordingly. (FD) g. Parking shall be prohibited along the Lochlea Lane frontage of Lot 1. (PW) 2. Thelollowing conditions shall be completed prior to issuance of a grading permit: a. 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 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. b. 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. c. 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" (BMPs) shall be identified and incorporated in the project's design. All structural BMPs shall be sized to infiltrate, filter, or treat the 85"h percentile 24-hour storm event. Catch basins shall be grated and not have side openings. Upon approval of the WQMP, three signed copies and an electronic copy on CD (.pdf or .doc format) shall be submitted to the Public Works Department. d. 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 in the vicinity occurring -at the same time. These plans must be submitted for approval to the Department of Public Works. 3. Prior to issuance of building/demolition permits, the developer shall provide adjacent property owners written notice of the intent to construct a new wall along the respective shared property line. The notice shall include an offer by the developer to demolish existing walls and assume all associated expenses, and shall advise adjacent property owners that (03p=1014) PC Minutes October 14, 2003 Page 13 they have 15 days from the postmarked date of the notice to provide written consent to demolish the existing wall. A copy of the notice and proof of mailing to all affected property owners shall be provided to the Planning Department. The developer shall be relieved of the responsibility to demolish existing walls on adjacent property upon failure of respective property owner(s) to provide written consent by the date specified in the notice. 4. 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. 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. Construction equipment shall be maintained in peak operating condition to reduce emissions. k. Use low sulfur (0.5%) fuel by weight for construction equipment. i. Truck idling shall be prohibited for periods longer than 10 minutes. m. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. n. Discontinue operation during second stage smog alerts. o. 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. p. 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. q. On -site parking shall be provided for all construction workers and equipment unless approved otherwise by the Public Works Department. (03pcm1014) PC Minutes October 14, 2003 Page 14 r. The property owner is responsible for all required clean up of off -site dirt, pavement damage and/or re -striping of the public rights -of -way -as determined by the Public Works Department. s. The project shall comply with all provisions of the HBMC Section 17.04.085 and Fire Department City Specification 429 — Methane District Building Permit Requirements. (FD) 5. The project shall comply with Mitigated Negative Declaration No. 02-03 mitigation measures. 6. 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. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED AUGUST 12, 2003 A MOTION WAS MADE BY SHOMAKER, SECONDED BY RAY, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 12; 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Shomaker, Dingwall NOES: None ABSENT: None ABSTAIN: Thomas, Livengood MOTION PASSED C-2. PLANNING COMMISSION MINUTES DATED AUGUST 26, 2003 A MOTION WAS MADE BY SHOMAKER, SECONDED BY RAY, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 26, 2003, BY THE FOLLOWING VOTE: AYES: Ray, Davis, Shomaker, Dingwall NOES: None ABSENT: None ABSTAIN: - Thomas, Scandura, Livengood MOTION PASSED D. NON-PUBLIC HEARING ITEMS - None scheduled. (03p=1014) PC Minutes October 14, 2003 Page 15 E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS A) Update on activities at Hiro's Nursery (CUP No. 90-56/CUP No. 96-46) Discussion ensued regarding lowering the grade to its original state. Staff informed the Commission that the property owner met with staff, and that staff is reviewing a plan by the property owners engineer to lower the grade for compliance. Possible Code Enforcement violations were also discussed. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO CONTINUE DISCUSSION ON ACTIVITIES AT HIRO'S NURSERY TO OCTOBER 28, 2003, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO PLACE ACTIVITIES AT HIRO'S NURSERY (CUP NO.90-56/CUP NO.96-45) ON THE PLANNING COMMISSION PENDING ITEM LIST, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B) Update on soil remediation at 31 Acres site (Pacific City) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO PLACE THE UPDATE ON SOIL REMEDIATION AT 31 ACRES (PACIFIC CITY) ON THE PLANNING COMMISSION PENDING ITEMS LIST, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E-2. PLANNING COMMISSION COMMITTEE REPORTS Commissioner Ray announced that the Environmental Board will recognize environmentally conscious citizens and organizations at the November 3, 2003 City Council meeting. (03p=1014) PC Minutes October 14, 2003 Page 16 Commissioner Ray announced that the Shipley Nature Center committee has been disbanded. Commissioner Scandura informed the Commission of the Subdivision Committee meeting of October 9, 2003. The Committee discussed Tentative Tract Map No. 16338 (Pacific City), and the item was continued to October 21, 2003. He also stated the Subdivision Committee would meet on October 22, 2003 to discuss Tentative Tract Map No. 16497 (Bonnani 20-Unit Residential Development). E-3. PLANNING COMMISSION COMMENTS Commissioner Thomas = requested that staff include illegal dumping at the terminus of Garfield and Seapoint on the Planning Commission Pending Item List. Commissioner Scandura — requested that summary information on soil remediation be available to the public, and that staff consider holding a public meeting to present information to concerned residents. Commissioner Ray — requested that staff schedule an off -site meeting as a follow-up to the Dr. Mathis Planning Commission Workshop. He also informed the Commission of a CEQA workshop being held on November 10, 2003. He also voiced concerns about the Planning Commission Bylaws approved by the City Council on October 6, 2003. Commissioner Davis — None. Commissioner Shomaker — None. Commissioner Dingwall — discussed the process for staff providing information (written or oral, formal or informal) to the Commission. Commissioner Livengood —requested that staff agendize mansionization in the Huntington Harbor as a future study session item. He announced the Planning Commission's Forum on November 13, 2003, the Mayor's Workshop on November 5, 2003, and the Mayor's Boards & Commission Appreciation Event on November 24, 2003. E-4. DISCUSSION ITEMS FOR FUTURE MEETINGS - None scheduled. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING— Scott Hess, Planning Manager, reported on Planning Department items that were heard before the City Council on October 6, 2003. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING Scott Hess, Planning Manager - reported that no Planning Department items will be heard before the City Council on November 3, 2003. (03p=1014) PC Minutes October 14, 2003 Page 17 F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Planning Manager — reported on items scheduled for public hearing on October 28, 2003. ADJOURNMENT: Adjourned at 11:00 p.m. to the next regularly scheduled Planning Commission meeting of October 28, 2003. HZ: HF: rl APPR VED BY: i Ho rd Zelefsky, Secretary Ron Davis, Chair (03p=1014)