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HomeMy WebLinkAbout2003-11-12 (6)MINUTES HUNTINGTON BEACH PLANNING COMMISSION WEDNESDAY, NOVEMBER 12, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 - 6:15 P.M. - ROOM B-8 —CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER A P P P P A P ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A. STUDY SESSION ITEMS 1. DISCUSSION AND ADOPTION OF REVISED PROTOCOL — Ron Davis Discussion ensued regarding Protocol Item Nos. 1-15. Minor language modifications were made to Item Nos. 3, 4, 5, 7, 11, 12, and 13. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO DELETE PROTOCOL ITEM NO.15, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Livengood NOES: Davis, Shomaker ABSENT: Thomas, Dingwall ABSTAIN: None MOTION APPROVED A MOTION WAS MADE BY ACCLAMATION TO APPROVE PROTOCOL ITEM NOS. 1-15 AS MODIFIED, AND TO CONTINUE ITEM NOS.16 THROUGH 24 TO THE PLANNING COMMISSION WORKSHOP, TENTATIVELY SCHEDULED FOR NOVEMBER 20, 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Thomas, Dingwall ABSTAIN: None MOTION APPROVED 2. PLANNING COMMISSION WORKSHOP — Ron Davis The Commission confirmed that the Planning Commission Workshop would be held on Thursday, November 20, 2003 at 2:30 p.m., Huntington Central Library, 7111 Talbert Avenue, Huntington Beach. (03p=1112) PC Minutes November 12, 2003 Page 2 3. 3RD STORY ORDINANCE — Herb Fauland Herb Fauland provided information on requests for entitlement relating to the 3rd story ordinance, stating that within the past two years, the City received twelve (12) requests to develop 3ro story additions to one and two story single-family dwellings. Discussion ensued regarding characterization between 2"d and 3`d story dwellings and loft requirements. The Commission asked staff to be prepared for questions on these topics during the public hearing portion of the meeting at 7:00 p.m. 4. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland PUBLIC COMMENTS — Reaardina Studv Session portion of Meetin Mark Bixby, Huntington Beach, spoke regarding Study Session Item No. A-1 (Protocol). Mr. Bixby provided comments on Item No. 10 (confirmed Rule), Item No. 20 (delete - covered in Item No. 2), and Item No. 23c (seniority between Commissioners). He urged the Commission to discuss important issues publicly, and requested that the Planning Commission Protocol and By Laws be posted on the City's website. Richard Batistelli, Huntington Harbor Property Owners Association, spoke regarding Study Session Item No. A-3 (3`d Story Ordinance). Mr. Batistelli discussed height requirements and how building design has changed since adoption of the 3'd Story Ordinance in 1992. Carol Garrett, Roundhill Drive, spoke regarding Study Session Item No. A-3 (3`d Story Ordinance). Ms. Garrett provided the Commission a map of the Harbour and discussed the number of residents, homeowner's associations, single-family detached homes zoned low density residential, and neighborhood character (mass & bulk). She stated that only four Gilbert Island homes exceed 30 feet in height. Randy Fuhrman, Roundhill Drive, spoke regarding Study Session Item No. A-3 (3`d Story Ordinance). Mr. Fuhrman discussed zoning code language related to conditional use permits and identified compatibility issues with neighborhood character. 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE A P P P P A P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL Commissioner Davis announced that the applicant for Public Hearing Item No. B-1 has requested that the item be continued to November 25, 2003. Therefore, he indicated that those present to speak on that item could do so during Oral Communications. (03pcm1112) PC Minutes November 12, 2003 Page 3 A. ORAL COMMUNICATIONS Randy Fuhrman, Roundhill Drive, spoke -regarding the 3rd Story Ordinance and it's relation to Public Hearing Item Nos. B-1 and B-2. He discussed compatibility issues with 2°d and Td story requests as they relate to conditional use permits. Gerry Caterina, 15d' Street, spoke regarding new home development at 117 and 11915th Street. He voiced concerns relating to privacy, and discussed the City's infill ordinance designed to minimize impacts (visual intrusions). He requested that the City and developer redesign the proposed decks for maximum privacy to the adjacent neighbors. B. PUBLIC HEARING ITEMS B-1. PUBLIC HEARING CONTINUED TO BE OPENED: APPEAL OF THE ZONING RESIDENCE — CONTINUED FROM OCTOBER 28, 2003►: Applicant: Michael Mehalick Request: CDP: To construct a second -,and third floor addition to an existing single-family dwelling totaling approximately 4,311 sq. ft., including a 121 sq. ft. third story deck. CUP: To (a) construct 1,414 sq. ft. of habitable floor area and 121 sq. ft. of deck area above the second -story top plate line, and (b) construct the addition at a height greater than 30'-0". VAR: To construct a portion of third floor habitable space not designed within the confines of the roof volume. Location: 16472 Malden Circle (north side of Malden, west of Gilbert Street). Proiect Planner: Rami Talleh, Assistant Planner STAFF RECOMMENDATION: Motion to: "Deny Coastal Development Permit No. 02-22, Conditional Use Permit No. 01-40, and Variance No. 03-08 with findings." A MOTION WAS MADE BY SHOMAKER, SECONDED BY SCANDURA, TO CONTINUE APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF COASTAL DEVELOPMENT PERMIT NO. 02-221 CONDITIONAL USE PERMIT No. 02-421 VARIANCE NO. 03-08B (LEWIS RESIDENCE) WITH THE PUBLIC HEARING TO BE OPENED TO THE NEXT REGULARLY SCHEDULED MEETING OF NOVEMBER 25, 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Shomaker NOES: None ABSENT: Thomas, Dingwall ABSTAIN: Livengood MOTION APPROVED (03pem1112) PC Minutes November 12, 2003 Page 4 B-2. PUBLIC HEARING TO BE OPENED: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENI 03-02 AND CONDITIONAL USE PERMIT NO.03-10 (R) (GOODWIN RESIDENCE): Applicant/Appellant: Jeff Parkhurst Request: CDP: To construct a 6,268 sq. ft., 354 tall, three-story single-family dwelling, with a 638 sq. ft. attached garage. CUP: To review a revised plan to permit (a) a single- family dwelling with 1,106 sq. ft. of third -story habitable space and 396 sq. ft. of third -story deck area; (b) exceed 30 ft. in height; and (c) construct 25 lineal ft. of 6 ft.-tall wrought iron fencing with masonry pilasters at a 10-ft. front yard setback in lieu of a maximum height of 42 in. within 15 ft. of the front property line. The request includes a review and 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: 16492 Somerset Lane (north side of Somerset Lane, east of Malden Circle) Project Planner: Ron Santos, Assistant Planner STAFF RECOMMENDATION: Motion to: "Approve Coastal Development Permit No. 03-02 and Conditional Use Permit No. 03-10 with findings and suggested conditions of approval." Ron Santos, Assistant Planner, identified late communication from Ellen and Don Goodwin dated November 12, 2003 that provided signatures from Huntington Harbour residents and owners supporting the existing building height limit of 35 feet. He also identified correspondence from the Huntington Harbour Property Owners Association dated November 5, 2003 that provided signatures from Harbour area residents and owners indicating supporting a building height limit of 30 feet or less. The Commission made the following disclosures: Commissioners Scandura, Ray, Davis, Shomaker and Livengood toured the Gilbert Island area and spoke with representatives from the Huntington Harbour Property Owners Association, including Carol Garrett; Commissioner Davis spoke with the applicant, the applicants architect, and the property owner; Commissioner Scandura spoke with an area realtor; Commissioner Ray spoke with the property owner and Randy Fuhrman; and, Commissioner Livengood spoke with an area realtor and City staff. THE PUBLIC HEARING WAS OPENED: Randy Fuhrman, Roundhill Drive, spoke in opposition to the item, stating that the project's conditional use permit (CUP) did not present the unusual features that are required to grant approval of the request. He discussed the design differences of certain areas in the Harbour, and asked if the request was compatible with the neighborhood. He also voiced concerns about property character, and a proposed wrought iron fence. Richard Batistelli, Gilbert Drive, spoke in opposition to the item and presented the Commission with drawings and photographs supporting the V story concept approved in 1992. (03pcm1112) PC Minutes November 12, 2003 Page 5 Cynthia Skjonsby, Wellington Circle, spoke in opposition to the item, voicing concerns about the areas architectural character being changed. Rick Taylor, Wellington Circle, spoke in support of the item.. He discussed Gilbert Island resident's support of the Zoning Administrator's approval of the Goodwin residence. He stated that new homeowners deserve new development, and stressed the importance of consistency with Gilbert Island rebuild. Carole Garrett, Roundhill Drive, spoke in opposition to the item. She discussed the mandatory denial of the CUP based on the Zoning & Subdivision Ordinance, the project's affect on surrounding properties, bulk and mass and elevation styles. She urged the Commission to deny building heights exceeding 30 feet. Lloyd Booth, Marina Circle, spoke in opposition to the item, voicing concerns about view obstruction for Vd story dwellings. He stated that homes in the area were originally built so that the entire area can view the harbor. He also discussed incompatibility, and urged the Commission to deny building heights exceeding 30 feet. Donald Goodwin, Property Owner, spoke in support of the item. He informed the Commission that he drove the surrounding area to get ideas and witnessed 2"d and 3rd story homes being remodeled. He feels the request is compatible with other homes on Gilbert Island and discussed the petition he presented with 40 signatures in support of the item, and no direct opposition to the project within a 300' radius. Jeff Parkhurst, applicant, spoke in support of the item. He stated that the request architecturally supports the neighborhood. He advised the Commission that if the project is denied, future remodels would be restricted. He discussed design/setback configurations; front elevations, 1st and 2nd floor walls, 3"d floor roof volume being in tact with the 2"d story, dormers, roof edge/line, windows below 30 feet, and bulk and mass. He also addressed reasons for appeal stated by Commissioner Davis. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding legal allowance of a 35-foot height for waterfront homes, area real estate values, square footage and beautification. The Commission asked about the wrought iron fence issue brought up during the public hearing. Staff stated that the fence is not considered a non -conforming structure. The Commission asked if the applicant would have to file a CUP in order to modify the proposed fence in the future. Staff responded that the applicant would be required to file for an entitlement plan amendment (EPA). The Commission asked if information was available on the number of fences with less than a 15-foot setback. Staff responded that no formal survey exists, but that the City has approved numerous requests that are comparable to what is proposed. The Commission asked about the 3nd story ordinance and whether the intent is to allow only a loft, as asserted by a speaker. Staff stated that the Harbor Code Committee records indicate that the draft Td story ordinance intended a loft, but that the City Council ultimately adopted an ordinance that allowed 3rd stories subject to certain design parameters. Staff also explained that the loft intent referred to a memo provided at a prior study session that discussed the origins of the 3rd story ordinance. (03pan1112) PC Minutes November 12, 2003 Page 6 The Commission inquired about"1st and 2nd story home characterization, or 2"d and 3`d story home characterization, and where the written descriptions are located. Staff stated that the descriptions are broad -based and could be attributed to many areas within the General Plan. Staff also stated that the area is in transition and should be considered a 1st 2"d and 3`d story mix. The Commission inquired about the project findings and the structures compatibility with surrounding development. Staff explained that findings were determined based on the character of the neighborhood as it currently exists. Discussion ensued regarding a survey of the number of homes that exceed 30 feet in height provided by Huntington Harbour Property Owners Association (HHPOA). Staff could not confirm the exact numbers reported. The Commission inquired about deed restrictions that prohibit view obstruction in the HHPOA's Conditions, Covenants and Restrictions (CCR's). Staff stated that they were unaware of deed restrictions. The Commission cited examples of complimentary development in other areas where homes exceed the 35-foot height requirement. The Commission inquired about legal issues related to what the code allows, and what requires a CUP. Staff replied that any third floor space requires a CUP. The Commission inquired about the percentage of homes on Gilbert Island that are above 30 feet to see if a finding could not be made for compatibility. Staff explained how compatibility is determined. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO APPROVE COASTAL DEVELOPMENT PERMIT NO.03-02 AND CONDITIONAL USE PERMIT NO.03-10 (R) WITH REVISED FINDINGS AND REVISED CONDITIONS OF APPROVAL. Discussion ensued regarding compatibility. Staff provided information on upper story setbacks and the Commission questioned whether it was fair to deny the applicant's request when other homes in the area were approved for similar requests. Commissioner Livengood stated that the request must be compatible with surrounding designs. THE MOTION WAS RESTATED BY LIVENGOOD, SECONDED BY SCANDURA, TO APPROVE COASTAL DEVELOPMENT PERMIT NO.03-02 AND CONDITIONAL USE PERMIT NO.03-10 (R) WITH REVISED FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Scandura, Shomaker, Livengood NOES: Ray, Davis ABSENT: Thomas, Dingwall ABSTAIN: None MOTION PASSED (03p=1112) PC Minutes November 12, 2003 Page 7 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of the replacement of an existing structure and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The intended purpose and capacity of the proposed dwelling is for single-family use. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.03-02: 1. Coastal Development Permit No. 03-02 to construct a 6,268 sq. ft., 35-ft. tall, three-story single-family dwelling, with a 638 sq. ft. attached garage, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program Land Use designation of Residential Low -Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project complies with all applicable development regulations, including maximum building height, minimum yard setbacks, maximum site coverage and minimum on -site parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-90(R): Conditional Use Permit No. 03-10(R) to review a revised request to (a) construct a single-family dwelling with 1,106 sq. ft. of third -story habitable space and 396 sq. ft. of third -story deck area; (b) exceed 30 ft. in height; and (c) construct 25 lineal ft. of 6 ft.-tall wrought iron fencing with masonry pilasters at a 10-ft. front yard setback in lieu of a maximum height of 42 in. within 15 ft. of the front property line will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed dwelling will be constricted in a single-family residential neighborhood predominantly developed with two-story homes and some three-story homes of comparable height and design quality. Conditions of approval requiring the offset alignment of windows with adjacent dwellings and the use of obscure glass windows for protection of privacy, will ensure no detrimental impacts. The proposed wrought iron fence will be constructed at a front yard setback (ten feet) which is consistent with the required setback for side -entry garages in the zoning district and previously approved conditional use permits for six foot tall fences in (03pcm1112) PC Minutes November 12, 2003 Page 8 the vicinity. The proposed fence will allow for views through the fence and will have no detrimental impacts. 1. The conditional use permit will be compatible with surrounding uses because the design, materials, height, size and massing of the proposed dwelling and fence is comparable with other dwellings existing in the surrounding neighborhood. 2. The proposed Conditional Use Permit No. 03-10(R) 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 parking requirements, maximum building height, maximum lot coverage, minimum yard setbacks, and third -story design criteria. 3. 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 per acre maximum) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2.1b: . Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development; LU 9.2.1c: Maintenance of privacy on abutting residences. The proposed dwelling will comply with maximum building height permitted in the RL zone with a conditional use permit. The proposed third -story and third -story deck will be setback from the second -story fagade as required by the HBZSO, thus minimizing the building massing, and is designed in compliance with the City's third -story design standards. No third -story windows or deck areas are oriented toward adjoining properties and all windows on the first and second floors will align offset from windows on adjacent dwellings or will be fitted with obscure glass, in order to maintain privacy on abutting properties. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.03-021 CONDITIONAL USE PERMIT NO.03-10(ft 1. The plans and elevations received and dated October 10, 2003 shall be the conceptually approved layout, with the following modifications: a. The first floor center bow window at the kitchen and the first floor center bow window at the dining room shall be eliminated or fitted with obscure glass. b. All bathroom windows facing existing residences shall be fitted with obscure glass. 2. The fence proposed within the front yard setback shall be a wrought -iron rail design with masonry pilasters, consistent with the approved plans. Any change to the design of this fence shall be subject to review and approval of an entitlement plan amendment. 3. Prior to issuance of building permits, a precise grading permit shall be issued by the Department of Public Works. 4. 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 approved plans are proposed as a result of the plan check process. Permits shall not be issued until the (03pcm1112) PC Minutes November 12, 2003 Page 9 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. 5. 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. B-3. DEVELOPMENT): Applicant: R.L. Sfreddo and Ed Bonanni Request: TTM: To subdivide 1.42 acres of undeveloped land into one (1) lot for condominium - purposes. CUP: To construct twenty (20) attached townhome dwelling units in clusters of 3 to 5 units. Location: 19119 Main Street (southwest comer of Main and Holly Streets). Protect Planner: Rami Talleh, Assistant Planner STAFF RECOMMENDATION: Motion to "Approve Tentative Tract Map No. 16497 and Conditional Use Permit No. 03-22 with modifications, findings and suggested conditions of approval! Rami Talleh, Assistant Planner, made a presentation to the Commission The Commission made the following disclosures: Commissioners Livengood and Shomaker served on the Subdivision Committee that reviewed the project on October 21, 2003; Commissioner Scandura met with applicant; Commissioner Ray visited the site and spoke with applicant, the applicant's architect and Mike Smith, an area resident; Commissioner Davis visited the site. THE PUBLIC HEARING WAS OPENED: Ed Bonanni, applicant, spoke in support of the item and informed the Commission that the 20-unit project has no variances and complies with city requirements. He thanked staff and was available for questions on the item. WITH NO ONE ELSE PRESENT. THE PUBLIC HEARING WAS CLOSED. The Commission requested that the conditions of approval include use of drought resistant, native plants, similar to those identified within the Holly Seacliff Landscape Plan. The applicant agreed to modifying the landscape pallet by consulting with the City's Landscape Architect. (03p=1112) PC Minutes November 12, 2003 Page 10 A MOTION WAS MADE BY SHOMAKER, SECONDED BY RAY, TO APPROVE TENTATIVE TRACT MAP NO. 16497/ CONDITIONAL USE PERMIT NO.03-22 WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Shomaker, Dingwall NOES: None ABSENT: Thomas, Dingwall ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 164971 CONDITIONAL USE PERMIT NO.03-22 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 City has prepared an environmental impact report for the Holly Seacliff Specific Plan after January 1, 1980, therefore no environmental impact report or negative declaration is needed for a residential project undertaken pursuant to and conformance to the specific plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 16497: 1. Tentative Tract Map No. 16497 for a one lot condominium subdivision on approximately 1.42 acres for development of 20 attached townhome units is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property, or any applicable specific plan, or other applicable provisions of this Code. The proposed residential subdivision for the development of ten townhouse units is permitted in the Medium Density Residential (RM) designation of the Holly Seacliff Specific Plan. 2. The site is physically suitable for the type and density of development. The project density of 14 dwelling units per acre complies with the maximum permitted density of 15 dwelling units per acre in the General Plan and Holly Seacliff Specific Plan. 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 will comply with all mitigation measures identified in Environmental Impact Report No. 89-1. 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. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-22: 1. Conditional Use Permit No. 03-22 for the establishment, maintenance and operation of the 20 unit townhouse project will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed site layout and design of the project properly adapts the (03p=1112) PC Minutes November 12, 2003 Page 11 proposed structures to streets driveways, and other adjacent structures and uses in a harmonious manner. The proposed development is designed in a manner consistent with development anticipated by the Holly Seacliff Specific Plan and the immediate area. 2. The conditional use permit will be compatible with surrounding uses because the proposed residential use is consistent and complementary to existing uses in the vicinity. The project design is similar to the residential project located to the north and south of the subject site and is in keeping with the multi -family neighborhood. Furthermore, compliance with the mitigation measures of Environmental Impact Report No. 89-1 and code provisions will ensure that the project will be compatible with other area developments. 3. The proposed 20 unit townhome subdivision will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located. The proposed residential units meet all code provisions, including setbacks, density, open space, and parking. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.1.3: Require that multi -family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. . Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and /or common areas. c. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services and entertainment, and reduce the need for automobile use. Objective 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 proposed project will consist of attached townhouse condominium units that have patios surrounding each entry area to delineate the entry to the unit. Through the use of different colors and materials the units will appear to be individual units and will break up the mass of the buildings. (03pcm1112) PC Minutes November 12, 2003 Page 12 CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO.16497: 1. The tentative tract map for a one lot condominium subdivision on approximately 1.42 acres for development of 20 attached townhome units received and dated September 10, 2003 shall be the approved layout with the following modification: a. The tentative map incorrectly indicates "Main Avenue" and "Holly Avenue". The map shall be revised to indicate "Main Street" and "Holly Street". 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney, at least 90 days before City Council action on the final map. 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. 3. A privately maintained lighting system, consistent with City standards, shall be constructed along the private driveways in this subdivision. A photometric analysis shall be provided which demonstrates that such lighting will not negatively impact the existing or future residences to the north, south and west. 4. The sewer and drainage systems on -site shall be private and maintained by the Homeowners Association. 5. No openings through the existing raised median in Main Street will be permitted for driveway access to the proposed development. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-22: 1. The site plan, floor plans and elevations received and dated August 29, 2003 shall be the conceptually approved layout with the following modifications: a. The minimum driveway approach width shall be 27 feet consistent with Standard Plan 211. (PW) b. The sidewalk adjacent to Building A, shall align to the sidewalk on the northwesterly side. (PW) c. A four -foot minimum width pedestrian walkway shall be provided along the Building A side of the main entry driveway and along each side of the main entry driveway from the Buildings A and B walkways to the existing sidewalk along Main Street. Compliance with all ADA requirements for pedestrian access from each unit to the public sidewalk along Main Street must be demonstrated. (PW) - d. 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. e. The driveway entrances shall have textured and colored pavement (behind sidewalk on private property) for a depth of 25 ft. The landscaped median within the driveway entrance shall be reduced to a length of 25 ft (behind sidewalk on private property). The landscaped planter adjacent to unit no. 6 shall be increased to a minimum of three feet to provide an increased buffer between the entrance of the garage and the driveway entrance. (03pam1112) PC Minutes November 12, 2003 Page 13 f. Introduce a second color palette consisting of varying shadeso f the proposed color palette and alternate the colors of each building. Colors used shall be reviewed and approved by the Planning Department. 2. Landscape plans shall be submitted to the City Landscape Architect for review and approval. Said plans shall incorporate native vegetation as permitted by the approved landscape palette of the Holly Seacliff Specific Plan. 3. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 4. 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. 5. Tentative Tract Map No. 16497 and Conditional Use Permit No. 03-22 shall comply with all applicable mitigation measures of FEIR No. 89-1. C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED SEPTEMBER 9, 2003 A MOTION WAS MADE BY SHOMAKER, SECONDED BY DAVIS, TO APPROVE PLANNING COMMISSION MINUTES DATED SEPTEMBER 9, 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Shomaker, Dingwall NOES: None ABSENT: Thomas, Dingwall ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS - None scheduled. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS A) Update on activities at Hiro's Nursery (CUP No. 90-56/CUP No. 96-45) Mike Fuentes, Code Enforcement, Terri Elliott,' Public Works, provided an update on activity. Mr. Fuentes presented a written memo of property -related action, and submitted it into the record. The Commission asked questions regarding grading and water run-off. Staff indicated that the property owner and staff are working together trying to bring the property into compliance with previously approved conditions of approval. (03pcm1112) PC Minutes November 12, 2003 Page 14 Staff also explained that as a result of water conditions (flooding), the applicant modified the grading plan and staff is now researching it in an attempt to address potential flooding' and comply with the approved grading plan. The Commission asked if it were possible to inspect the proposed grading plan. Staff stated that the applicant's grading plan has not been approved. B) Update on soil remediation at 31 Acres site (Pacific City) Division Chief/Fire Marshall Burney provided update, informing the Commission that the Fire Department had today received Chevron's modified remediation plan for City staff to review. The Commission announced that a public comment meeting would be held on the proposed Pacific City development at 6,00 p.m. on Wednesday, November 12, 2003, at the Central Park Library. E-2. PLANNING COMMISSION COMMITTEE REPORTS — None. E-3. PLANNING COMMISSION COMMENTS Commissioner Thomas — Absent. Commissioner Scandura — requested that staff provide follow-up on information heard during Oral Communications regarding development activity at 115 & 117 15t�' Street. Staff explained that the development in question went through plan check, the infill lot process and the staff decision is final. Commissioner Ray — suggested that native vegetation be scheduled for discussion at a future study session. He also stated that Commissioner Dingwall would like the Public Hearing Subcommittee to meet prior to presenting a recommendation to the Planning Commission on the public hearing process. Commissioner Davis — None. Commissioner Shomaker — None. Commissioner Dingwall — Absent. Commissioner Livengood —1) inquired about the appeal process for entitlements that are effected by the infill lot ordinance; 2) requested that staff provide information via the pending items list on Gilbert Island code enforcement activity; and, 3) requested that the Commission discuss consideration of establishing a Planning Commission manual at the December 9, 2003 session. E-4. DISCUSSION ITEMS FOR FUTURE MEETINGS - None scheduled. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Herb Fauland, Principal Planner - reported on the Planning Department items heard before the City Council on November 3, 2003. (04=1112) PC Minutes November 12, 2003 Page 15 F-2. CITY COUNCIL ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on the Planning Department items that will be heard before the City Council on November 17, 2003. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on items scheduled for public hearing on Tuesday, November 25, 2003. ADJOURNMENT: Adjourn to the Planning Commission Workshop on Thursday, November 20, 2003 @ 2:30 p.m. in Room E, Huntington Central Library. HZ:HF:rl APPROVED BY: /' '4 t4'� ward Zelefsky, Secretary Ron Davis, Chair (03p=1112)