HomeMy WebLinkAboutSite Plan Amendment No. 94-2 TT 14515 - Appeal withdrawn 6 G�•3�
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CITY COUNCIL MEMO
To: Connie Brockway, City Clerk a�
From: Shirley Dettloff, City CounciCMember d�
Date: June 23, 1995
Subject: Appeal of Planning Commission Decision
Site Plan Amendment No. 94-21Tentative Tract Map 14515
I wish to appeal Site Plan Amendment No. 94-2, Condition of Approval 4. (j ) "Stop signs shall
be installed by the applicant pursuant to the City of Huntington Beach standards at the
intersection of Education Lane and Constitution Drive."
If a legal opinion is rendered that the Planning Commission acted within their authority in
imposing this condition, or if the Planning Commission reconsiders their decision and deletes the
condition, the appeal is withdrawn.
SD:PD
xc: Michael T. Uberuaga, City Administrator
Ray Silver, Assistant City Administrator
Les Jones, Public Works Director
Jim Otterson, City Traffic En ineer
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Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
June 16, 1995
Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
SUBJECT: SITE PLAN AMENDMENT NO. 94-2/TENTATIVE TRACT MAP NO.
14515(R):
PROPERTY
OWNER: Fountain Valley School District, 17210 Oak Street, Fountain Valley, CA
92709
REQUEST: To permit an amendment to previously approved Tentative Tract Map No.
14515, which includes the redesign of a 58 lot subdivision on the 9.68 net acre
closed Bushard School site. The request includes a Planned Unit Development
(PUD) consisting of 58 two (2) story single family residences with reduced lot
sizes.
LOCATION: 9800 Yorktown Avenue (closed Bushard School site)
DATE OF
ACTION: June 13, 1995
FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 14515(R):
1. The size, depth, frontage, street width, and other design features of the proposed subdivision
for a 58 unit planned unit development are in compliance with the standard plans and
specifications on file with the City as well as in compliance with the State Subdivision Map
Act and the supplemental City Subdivision Ordinance. The revision to the previously
approved single family residential subdivision, is designed to integrate with the existing
neighborhood with public streets and sidewalks. In addition, 17,874 square feet of land area
is being dedicated for park purposes.
2.. The property was previously studied for this intensity of land use at the time that the General
Plan designation of Low Density Residential (maximum 7 units per acre), and Residential Low
Density zoning were implemented. The density of the proposed subdivision is 6 units per net
acre.
(pcc1029-1)
3. The site is relatively flat and loically suitable for the proposed densi*six (6) units per
acre. The proposed 58 lot subdivision for a 58 single family detached residential PUD does
not involve relief from development standards.
4. Tentative Tract Map No. 14515(R) for 58 single family detached residential PUD is consistent
with the goals and policies of the Huntington Beach General Plan. The proposed revision to
the tract map provides for a better living environment through proper land planning
techniques.
FINDINGS FOR APPROVAL- SITE PLAN AMENDMENT NO. 94-2:
l. The revision to the previously approved tentative map, including the redesign of the street
circulation pattern by reducing the number of cul=de sacs, increasing the average size of the
lots, as well as reducing the impacts to the adjacent properties, does not constitute a
substantial change. The modifications will reduce the impacts to the neighborhood, and
results in a more compatible project.
2. The use of property will remain the same. The project still consists of 58 detached single
family residences. The revision to the planned unit development for 58 single family detached
residences conforms with the provisions contained in the Huntington Beach Zoning and
Subdivision Ordinance, including Section 210.12 Planned Unit Development.
3. The revision which includes the redesign of the street circulation system, increase in the
average size of the lots, reduced grade differential between the project site and adjacent
properties, and reduced building bulk along the streets, results in an improved development.
4. The location, site layout, and design of the proposed 58 unit single family residential
subdivision properly adapts the proposed structures to streets, driveways, and other adjacent
structures and uses in a harmonious manner. The combination and relationship of one
proposed to another on a site are properly integrated.
CONDITIONS OF APPROVAL-SITE PLAN AMENDMENT NO. 94-2:
1. The site plan, floor plans, and elevations received and dated April 24, 1995 shall be the
conceptually approved layout.
2. Prior to submittal for building permits, the following shall completed:
a. Submit three (3) copies of the site plan to the Planning Division for-addressing purposes.
Street names shall comply with City Specification No. 409 and be submitted to the Fire
Department for review and approval.
b. Provide a minimum three (3) foot sideyard from fireplace enclosure wall on the site plans.
(BLDG)
c. 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; and low-volume heads shall be used on all spigots
and water faucets. (BLDG)
(pcc1029-2)
d. If foil-type insulation is a used, a fire retarding type shall be in*ed as approved by
the Building Division and indicated on the floor plans. (BLDG)
e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy
savings lamps shall be used. All outside lighting shall be directed to prevent "spillage"
onto adjacent properties and shall be noted on the site plan and elevations.
f. The site plan shall include(or reference page) all conditions of approval imposed on the
project printed verbatim. Model numbers, lot numbers and street names shall be depicted
on the site plan.
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan for all areas within the project boundaries, including the parkland, shall be
submitted to the Department of Public Works for review and it must be approved (by
issuance of a grading permit). Final design elevations of grading shall not vary from
elevations shown on the tentative map by more than one (1) foot. (PW)
b. Wall plans which depict decorative materials shall be submitted and approved by the
Department of Community Development. Double walls shall be prohibited; prior to the
construction of any new walls, a plan must be submitted identifying the removal of any
existing walls next to the new wall, and shall include necessary homeowner's approval.
c. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis
shall include on-site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, chemical and fill properties, foundations, retaining walls,
streets, and utilities. (PW)
d. A plan for silt control for all water runoff from the property during construction and initial
operation of the project may be required if deemed necessary by the Department of Public
Works. (PW)
e. A Landscape Construction Set must be submitted to the Departments of Community
Development and Public Works and must be approved. The Landscape Construction Set
shall include a landscape plan prepared and signed by a State Licensed Landscape
Architect and which includes all proposed/existing plan materials (location,type, size,
quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the
entitlement conditions of approval. The landscape plans shall be in conformance with
Section 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be
approved by both departments prior to issuance of building permits. Any existing mature
trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box
trees, which shall be incorporated into the project's landscape plan. "Drought tolerant"
plants and turf shall be used for all landscaping. (PW, PLNG)
f. The developer shall obtain a National Pollutant Discharge Elimination System (NPDES)
Permit for construction activities from the Regional Water Quality Control Board.
Evidence that a permit has been obtained shall be submitted to the City Engineer. (PW)
(pcc1029-3)
g. A park improvement plan the dedicated parkland must be subn*d to the Department
of Community Services depicting the improvements (turf, trees, sidewalks, security
lighting, irrigation, etc.)
h. Plans depicting the location, type, size, and quantity of all existing plant material which
will be removed or relocated as a result of the project shall be submitted to the
Departments of Community Development and Public Works. (PW)
4. . Prior to issuance of building permits, the following shall completed:
a. Hydrology and hydraulic studies shall be submitted for Public Works approval. (PW)
b. Developer shall prepare water system calculations to support fire flow requirements. (PW)
c. Maintain current water level of service by complying with water system improvements
contained in the City's Water Master Plan and specific Water Department
recommendations. (PW)
d. If applicable, the applicant shall submit a site plan depicting the Model home/sales office,
and parking lot locations to the Department of Community Development for review and
approval.
e. Final Tract Map No. 14515 shall be accepted by the City Council. It shall be recorded
with the County Recorder's Office and a reproducible copy submitted to the Department
of Public Works. (PW)
f. An interim parking and/or building materials storage plan shall be submitted to the
Department of Community Development to assure adequate parking is available for
employees, customers, contractors, etc., during the project's construction phase.
g. Submit copy of completed FEMA Elevation Certificate.
h. Five (5) fire hydrants shall be required and installed prior to combustible construction.
Shop drawings shall be submitted to the Public Works Department and approved by the
Fire Department prior to installation. (FD)
i. All fire hydrants and all-weather asphalt roadways must be in place. (FD)
j. Stop signs shall be installed by the applicant pursuant to the City of Huntington Beach
standards at the intersection of Education Lane and Constitution Drive.
5. During construction, the following shall be adhered to:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site;
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%by weight) for construction equipment;
d. Attempt:to phase and schedule construction activities to avoid high ozone days (first stage
smog alerts);
e. Discontinue construction during second stage smog alerts.
(pcc1029-4)
6. Prior to final building permit ection approval for any single familyodential unit, the
following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Community Development Department.
b. All improvements (including landscaping and irrigation system) to the property shall be
completed in accordance with the approved plans and conditions of approval specified
herein.
c. Compliance with all conditions of approval specified herein shall be accomplished.
d. Removal of existing sewer and storm drain lines adjacent to the park shall be replaced to
Public Works Dept. standards.
e. A reproducible mylar copy of the recorded final map, along with a digital graphics file of
the recorded map, shall be submitted to the Department of Public Works. (PW)
f. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off-site facility equipped to handle them.
g. Parkland dedicated to the City of Huntington Beach shall be developed per Public Works
and Community Services Department specifications.
h. Submit copies of completed FEMA Elevation Certificates for each individual lot depicting
finished floor elevations (as built).
CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 14515:
1. The tentative tract map received and dated April 24, 1995 shall be the approved layout.
2. The following conditions are required to be completed prior to recordation of the final map
unless otherwise stated. Bonding may be substituted for construction in accordance with
provisions of the Subdivision Map Act:
a. The developer shall submit a separate utility plan, showing water system improvements
including service connections to each building, fire hydrant, valves, backflow devices and
other appurtenances in accordance with applicable U.P.C., City Ordinances, Public Works
Standards and Water Division design criteria. These plans shall be approved prior to any
construction, by the Public Works Water Division and the City of Huntington Beach Fire
Department. (PW)
b. Each proposed building shall have a separate domestic water service per Water Division
Standard Plans. (PW)
c. Fire hydrant locations shall be approved by the Fire Department. All fire hydrant laterals
shall be located within vehicular travelways. (PW)
(pcc1029-5)
d. The water system shall bosigned per the City of Huntington Be*Water Division's
design criteria, and shall be installed per City of Huntington Beach Water Division's
Standard Plans and Specifications. The proposed water system shall be looped and
hydraulic calculations shall be submitted supporting the proposed water system design.
Any existing on-site water facilities shall be abandoned per Water Division Specifications.
(PW)
e. The following shall be dedicated to the City of Huntington Beach:
1. The water system and appurtenances.
2. The sewer system and appurtenances.
3 The storm drain system and appurtenances.
4. The.2.00 foot public utility easement.
5. A 10.00 foot wide storm drain easement located at the northwest corner of the tract.
6. A 10.00 foot wide sewer easement located and the northwest corner of the tract; (PW)
7. The 17,874 square foot lot (Lot 60 of Tract 14515) for public park purposes.
f. The engineer or surveyor preparing the final map shall tie the boundary of the map into the
Horizontal Control System established by the County Surveyor in a manner described in
Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. (PW)
g. The engineer or surveyor preparing the final map shall submit to the County Surveyor a
digital-graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of
the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. (PW)
h. Hydrology and hydraulic studies shall be submitted for Public Works review and approval.
The developer shall design and construct the storm drain system to serve the site. (PW)
i. A sewer study shall be submitted for Public Works approval. The developer shall design
and construct the sewer system required to serve the development. (PW)
j. Damaged and deteriorated public improvements on Education Lane, adjacent to the tract
boundary, excepting the remainder parcel frontage shall be reconstructed to centerline per
Public Works requirements. A service life of 20 years shall be provided for. (PW)
k. The developer shall contact the property owners at 9862 and 9852 Garret Circle in regard
to removing the knuckle at Education Lane and Garret Circle and reconstructing a regular
tee intersection. Vacated portions of the street shall be improved to match existing
properties, as required by the Public Works Director. The developer shall prepare and
submit all required plats and documents required for vacation. (PW)
1. Interior street sump areas for storage of increased, peak stormwater runoff shall be
created unless hydrology and hydraulic studies prove otherwise. Drainage discharge from
the development site shall be designed to avoid an increase of peak discharge during a
local, 100 year rainfall and a local, 25 year rainfall. (PW)
(pcc1029-6)
m. The developer shall pro written notice to prospective buyers tothe design of this
project precludes and prohibits the installation (now and in the future) of security gates or
systems at the entry points to Tract No. 14515. (PW)
n. Lot "A" shall remain the property of the school district and access shall be provided during
school hours only. Access shall be controlled by fences, gates, and locks operated by the
school district. (PW)
o. Lots 15 and 17 shall have a 10'x10' corner cut-off adjacent to the proposed driveway
providing site distance to lot 16. (PW)
p. Prior to City acceptance of the existing private storm drain system located in Isojiro Oka
School, the developer shall slip line the pipe with PVC. In addition, the developer shall
correct an existing deficient public storm drain line crossing Yorktown Avenue, to the
satisfaction of the Public Works Department. The developer shall make all necessary
modifications requested by the City to bring the storm drain into conformance with Public
Works standards. Upon.acceptance by the City, the developer shall dedicate a 15 foot
storm drain easement to the City. (PW)
q. The developer shall be responsible for processing and obtaining approval of the legal
documents necessary for the vacation of the City easement at the southwest corner of
Tract 14515. The cost of the vacation which includes, but is not limited to, preparation of
legal descriptions, applicable City fees, County recording fees, and the removal and
replacement of improvements at the new property lines, shall be incurred by the developer.
r. An Affordable Housing Agreement Plan shall be submitted for review and approval by the
Community Development Department. The plan shall provide for minimum 10 percent of
the housing units (equal mix of 6 units) approved to be affordable to families of low and
moderate income level (average 100% of Orange County median). Said plan shall be
executed prior to issuance of the first building permit for the tract. The affordable units
shall be under construction, or available to the public, prior to final building permit
approval (occupancy) of the first home. The plan shall include, but is not limited to:
1. Build affordable units at an alternative location which is under control of the applicant.
All units shall be constructed prior to or concurrent with the primary project and final
approval of the project shall be contingent upon completion and final approval, or
evidence of the applicant's reasonable progress towards attainment or completion, of
the affordable units.
2. Rehabilitate existing units and ensure long term affordability.
3. Preserve existing affordable units for the long term (30 years).
4. Other options which generate new opportunities for low and moderate affordable
housing units for thirty (30) years.
5. In lieu fees may be paid only if an affordable housing ordinance is adopted and a
resolution for in-lieu fees is adopted prior to recordation of the final tract map.
(pcc1029-7)
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Melanie Fallon, Director of Community Development
Les Jones, Director of Public Works
FROM: . Gail Hutton, City Attorney
DATE: June 27, 1995
SUBJECT: Stop signs;
RLS 95-375
i
BACKGROUND
The Planning Commission recently considered a tentative tract map. At the public
hearing, several members of the affected neighborhood testified that an all way stop was
necessary at the intersection of Education Lane and Constitution Drive. A petition in
support of the stop signs was presented to the Commission. The Public Works
Department testified that the sign was unnecessary based on preliminary traffic estimates
and accident history and that a traffic study should be performed to determine if the
intersection met the criteria for all way stop signs. The Commission approved the map
with a condition requiring the installation of the all way stop signs.
ISSUE
When approving a tentative tract map, does the Planning Commission have the
authority to require the installation of all way stop signs, even if the Public Works
Department testifies that the signs are not necessary?
ANSWER
Yes.
ANALYSIS
1. The Map Act.
The Subdivision Map Act gives cities broad authority to regulate and
control the design and improvement of subdivisions. The act defines"design" to include
street alignments, grades, and widths; drainage and sanitary facilities and utilities,
including alignments and grades thereof; location and size of all required easements and
rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading;
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Melanie Fallon and Les Jones
June 27, 1995
Page 2
park and recreational requirements; and other such specific physical requirements of the
subdivision as necessary to insure consistency with or implementation of the general plan
or any applicable specific plan. (Gov't Code Section 66418.)
The Act further defines "improvement" as any street work and utilities to
be installed, or agreed to be installed, by the subdivider on the land to be used for public
or private streets, highways, ways, and easements, as are necessary for the general use of
the lot owners in the subdivision and local neighborhood traffic and drainage needs as a
condition precedent to the acceptance of the final map thereof. It also means such other
specific physical requirements in the plan and configuration of the entire subdivision as
may be necessary to insure consistency with, or implementation of the general plan or any
applicable specific plan. (Gov't Code Section 66419.)
These sections illustrate the broad grant of authority given to cities in order
to properly regulate and control the design and improvement of subdivisions. This broad
authority includes the authority to require the installation of traffic control devices as a
condition of approval on a tentative map. As a practical matter, the City often conditions
a project approval on the installation of stop signs, control signals, striping, median cuts,
and other traffic related matters.
2. Evidentiary Support.
Since the City had the authority to include the signs as a condition of
approval, the real issue is whether the evidence at the Planning Commission hearing
supports the imposition of the condition. Here, the stop signs were required even though
the staff testified against them at the hearing. No traffic study was introduced into the
evidence of the hearing. Although the Commission normally gives great weight to the
staffs testimony, in this particular instance the staffs position was contradicted by nearly
every witness that testified. Additionally, a petition in support of the signs was entered
into evidence at the hearing. Given the substantial evidence in support of the signs, the
Commission's decision to require the signs is defensible.
3. Role of the Planning Commission.
It is important to remember that when the Planning Commission acts in a
quasi-judicial manner, it is more than an advisory body to the City Council. The
Commission is established under state law and acts as the permitting agency, unless a
permit is appealed. (Gov't Code Section 65100 et seq.) When it considers a discretionary
permit, the Commission carries the same weight and authority as the City Council, and
the decision in question is as valid as if it were made by the City Council. 'In this instance,
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Melandi Fallon and Les Jones
June 27, 1995
Page 3
unless the approval of the map is appealed, the Commission is the City's decision maker
for the issue.
4. Municipal Code Authority.
Local jurisdictions also have broad authority under the Vehicle Code to
place and maintain traffic signs or signals as required by the Vehicle Code, and other such
signs as necessary to properly indicate and to carry out the provisions of the Vehicle Code,
local traffic ordinances, or to warn or guide traffic. (Vehicle Code Section 21351.)
Accordingly, the Huntington Beach Municipal Code gives the Director of
Public Works the authority to place and maintain traffic control devices when and as
required to make effective the provisions of the Municipal Code and the Vehicle Code.
(HBMC Sections 10.16.010, 10.16.020.) The Director also has the authority to place and
maintain additional traffic control devices as he deems necessary or proper to regulate
traffic or to guide or warn traffic. (HBMC Section 10.16.030.) This does not mean that
the Director is the only person who can decide where a stop sign will be placed, nor does
it mean that the Planning Commission cannot impose a stop sign as a condition of .
approval on a tract map. Rather, it means that the Director has the authority to make such
decisions in certain specific instances, as does the Planning Commission or the City
Council when acting in a quasi-judicial manner.
5. Liability concerns.
As to the decision imposing the condition itself, cities and their personnel,
including Planning Commissioners, are given broad immunity under the law when making
discretionary decisions. (Gov't Code Section 802.2; 62 Ops. Cal. Att y Gen'1527
(1979).) Further, there is specific immunity for injuries resulting from the issuance of a
permit under Gov't Code Sections 818.4 and 821.2. The rationale behind the doctrine of
discretionary immunity has been stated as follows:
The subjection of officials, the innocent as well as the guilty, to the burden of a trial and to
the danger of its outcome would impair their zeal in the performance of their functions,
and it is better to leave the injury unredressed than to subject honest officials to the
constant dread of retaliation. (Lipman v. Brisbane Elementary School Dist. (1961) 55
Cal. 2d 224, 11 Cal. Rptr. 97.)
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Melanie Fallon and Les Jones
June 27, 1995
Page 4
As to the specific placement of the signs, the City is usually faced with a case
wherein it failed to provide a traffic control device or other regulatory marking, and a
dangerous condition is alleged due to such failure. There is another statute granting
specific immunity for such situations. (See Gov't Code Section 830.4.) However,the
present facts are different because the Public Works Department testified at the Planning
Commission hearing that stop signs were not necessary at the proposed location. The
Department further testified that other unnecessary signs were being ignored on Palm
Avenue, raising the likelihood of accidents. Naturally, the City is not liable for the acts of
a third party. If someone ignores a stop sign and injures someone else, the person
ignoring the sign would be primarily at fault. In order for the City to also be liable, that
person would have to prove that a dangerous condition existed which caused the injury.
One of the defenses to a dangerous condition allegation is design immunity. The
City will be granted design immunity under Gov't Code Section 830.6 if the following
three conditions are satisfied: 1) a causal relationship between the plan or design and the
accident; 2) discretionary approval of the plan or design prior to construction or
improvement; and 3) substantial evidence supporting the reasonableness of the plan or
design. (Uyeno v. State (1991)234 Cal. App. 3d 1371, 286 Cal. Rptr. 328.) ,
It is important to note that design immunity can be lost if subsequent history shows
that the design was unreasonable for any reason after the public entity had notice of the
dangerous condition and a significant period to remedy it and failed to do so. (Bane v.
State (1989) 208 Cal. App. 3d 860, 256 Cal.Rptr. 468.)
CONCLUSION
The Planning Commission has the authority to require stop signs as a condition of
approval on a tentative tract map. Immunity for discretionary decisions applies to the
approval of such map. If a lawsuit alleging a dangerous condition is filed, a design
immunity defense will be available unless it is lost under the facts, as outlined above.
Gail Hutton
City Attorney
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