Huntington Beach Planning Commission
~ ~
2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
May 11, 2022
Ben R. Johnson
The Olson Company
3010 Old Ranch Pkwy, #100
Seal Beach, CA 90740
SUBJECT: GENERAL PLAN AMENDMENT (GPA) NO. 21-002IZONING MAP AMENDMENT (ZMA) NO. 21-001/TENTATIVE TRACT MAP (TTM) NO. 19157/CONDITIONAL USE PERMIT (CUP) NO. 21-004/MITIGATED NEGATIVE DECLARATION (MND) NO. 21-003 (OLSON TOWNHOMES) APPLICANT: Ben R. Johnson, The Olson Company, 3010 Old Ranch Pkwy, #100, Seal Beach, CA 90740
PROPERTY
OWNER: Mary Langston, 18627 Brookhurst Street, Unit # 456, Fountain Valley, CA 92708
REQUEST: GPA: To amend the General Plan designation from Residential Low Density (RL) to Residential Medium Density (RM). ZMA: To amend the zoning designation from Residential Low Density (RL) to Residential Medium Density (RM). TTM: To subdivide approximately 2.07 acres for condominium purposes. CUP: To: 1) develop 34 attached, two- and three- story townhomes up to 35 feet tall and 2) allow up to an 8 foot tall retaining wall topped with a 6 foot tall wall along the west property line. MND: To analyze the potential environmental impacts of the proposed project.
LOCATION: 8371-8461 Talbert Avenue, 92647 (northwest corner of Talbert Avenue and Newland Street)
DATE OF
ACTION: May 10, 2022
On Tuesday, May 10, 2022, the Huntington Beach Planning Commission took action on your application, and recommended approval of General Plan Amendment No. 21-002 by approving the draft City Council Resolution and forwarded the recommendation to the City Council, recommended approval of Zoning Map Amendment No. 21-001 with findings for approval by approving the draft City Council Ordinance and forwarded the recommendation to the City Council, recommended approval of Mitigated Negative Declaration No. 21-003 with findings and forwarded the recommendation to the City Council, and approved Tentative Tract Map No. 19157 and Conditional Use Permit No. 21- 004 with findings and conditions of approval. Please see the attachment list for the applicable documents for each application.
Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action: GPA 21-002/ZMA 21-001/TTM 19157/CUP 21-004/MND 21-003 May 11, 2022
The application for GPA No. 21-002, ZMA No. 21-001, and MND No. 21-004 will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission on Tentative Tract Map No. 19157 and Conditional Use Permit No. 21-004 becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday, May 20, 2022 at 5:00 PM.
Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020."
If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Ricky Ramos, the project planner, at (714) 536-5624 or via email at [email protected], or the Community Development Department at (714) 536-5271.
Sincerely,
Ursula Luna-Reynosa, Secretary
Planning Commission
By:
PRom
Ricky Ramos, Acting Planning Manager
Notice of Action: GPA 21-002/ZMA 21-001/TTM 19157/CUP 21-004/MND 21-003 May 11, 2022
ULR:RR:kdc
Attachments: 1. Findings and Conditions of Approval - MND No. 21-003, ZMA No. 21- 001, TTM No. 19157, and CUP No. 21-004
2. GPA No. 21-002 Draft City Council Resolution
3. ZMA No. 21-001 Draft Ordinance
C: Honorable Mayor and City Council
Chair and Planning Commission
Sean Joyce, Interim City Manager
Ursula Luna-Reynosa, Director of Community Development
Tim Andre, Fire Division Chief
Mike Vigliotta, Chief Assistant City Attorney
Bob Milani, Principal Civil Engineer
Jasmine Daley, Building Manager
Property Owner
Project File
ATTACHMENT NO. 1
MITIGATED NEGATIVE DECLARATION NO. 21-003
ZONING MAP AMENDMENT NO. 21-001/
TENTATIVE TRACT MAP NO. 191571
CONDITIONAL USE PERMIT NO. 21-004
FINDINGS FOR APPROVAL - MITIGATED NEGATIVE DECLARATION NO. 21-003:
1. Mitigated Negative Declaration No. 21-003 has been prepared in compliance with Article 6 of the 003, General Plan Amendment No. 21-002, Zoning Map Amendment No. 21-001, Tentative Tract Map No. 19157, and Conditional Use Permit No. 21-004.
2. Mitigation measures, incorporated into the Mitigation, Monitoring, and Reporting Program avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. No significant impacts are anticipated with implementation of mitigation measures in the areas of biological resources, cultural resources, geology, and tribal cultural resources.
3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will have a significant effect on the environment. Potential impacts from the project are reduced to less than significant through the project design and mitigation measures.
FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 21-001:
1. Zoning Map Amendment (ZMA) No. 21-001 to change the zoning on an approximately 2.07 acre site from RL (Residential Low Density) to RM (Residential Medium Density) is consistent with the goals and policies of the General Plan as identified below:
A. Land Use Element
Goal LU-1 - New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community.
Policy LU-1A - Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation.
Policy LU-1C - Support infill development, consolidation of parcels, and adaptive reuse of existing buildings.
Policy LU-1D - Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses.
Policy LU-D - Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses.
G:PCINOA|22\051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004 \MND 21-003 (Olson Townhomes) Attachment 1.1 Policy LU-2E - Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach.
Goal LU-4 - A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected
Goal LU-7 - Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place.
The ZMA will implement the land use designation proposed with General Plan Amendment No. 21- 002 and will be an extension of zoning found in the area. It will enable redevelopment of an infill site into a residential community consisting of 34 townhomes to address the diverse housing needs of the community. The proposed project will be compatible with the character of the neighborhood and will meet the changing needs of the community. The project will exhibit an architectural style that is in keeping with the proportion, scale, and character of the neighborhood and consistent with the development standards in the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The project also provides landscaped areas along the street frontages and throughout the site to enhance its appearance.
B. Housing Element
Policy 1.1 - Preserve the character, scale and quality of established residential neighborhoods.
Goal 2 - Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs.
Policy 2.1. - Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability.
Goal 3 - Enhance housing affordability so that modest income households can remain an integral part of the Huntington Beach community.
Policy 3.1 - Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community.
Policy 3.2 - Utilize the City's Inclusionary Housing Ordinance as a tool to integrate affordable units within market rate developments. Continue to prioritize the construction of affordable units on-site, with provision of units off-site or payment of an in-lieu housing fee as a less preferred alternative.
Policy 3.3 - Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance, with funding priority to projects that include extremely low income units. Proactively seek out new models and approaches in the provision of affordable housing.
Policy 3.4 - Explore collaborative partnerships with non-profit organizations, developers, the business community and governmental agencies in the provision of affordable housing.
G: PCINOA|221051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004\MND 21-003 (Olson Townhomes) Attachment 1.2 Policy 4.1 - Regulatory Incentives for Affordable Housing Support the use of density bonuses and other incentives, such as fee deferrals/waivers and parking reductions, to offset or reduce the costs of developing affordable housing while ensuring that potential impacts are addressed The proposed project will develop an underutilized site with 34 two-and three-story townhomes that will be consistent with the scale and nature of residential land uses surrounding the site while also addressing the diverse housing needs of the community. The project will comply with the City's affordable housing requirement to provide 10 percent of the proposed base dwelling units as affordable units. Due to the provision of affordable housing, the applicant is entitled to a 5 percent density bonus, one incentive/concession, and an unlimited number of waivers of development standards as permitted by the California Density Bonus Law. The project includes a 5 percent density bonus to allow 2 density bonus dwelling units in addition to the 32 base density units.
Approval of the density bonus and the requested waivers would facilitate development of the project and adds to the City's overall housing stock.
2. The ZMA would only change the land use designation of the subject property rather than a general land use provision and would not affect the uses authorized in and the standards prescribed for the proposed zoning district.
3. A community need is demonstrated for the change proposed because it will allow an underdeveloped site to be developed with a residential use that is consistent with the character of the area and will add to the City's housing stock.
4. Adoption of the ZMA will be in conformity with public convenience, general welfare and good zoning practice because the proposed zoning will implement the land use designation proposed with General Plan Amendment No. 21-002 and is compatible with the surrounding neighborhood.
FINDINGS FOR APPROVAL - TENTATIVE MAP NO. 19157:
1. Tentative Tract Map (TTM) No. 19157 to subdivide approximately 2.07 acres for condominium purposes is consistent with the proposed General Plan land use and zoning designation of Residential Medium Density on the subject property, applicable provisions of the Subdivision Map Act, and the HBZSO. The TTM complies with all development standards set forth in the HBZSO including minimum lot size and width. The proposed subdivision is also consistent with the goals and policies of the General Plan Land Use Element that govern new subdivisions and residential development. These goals and policies call for a range of housing types to be available to meet the diverse economic, physical, and social needs of future and existing residents while maintaining the neighborhood character of the surrounding area.
2. The site is physically suitable for the type and density of development proposed as part of the project because the subject property is located in a residential neighborhood with similar residential development including some also under the proposed Residential Medium Density land use and zoning designations. The site's size, shape, and topography are conducive to the development of a new residential project that conforms to the General Plan, HBZSO, and other city requirements and is in keeping with the character of the surrounding neighborhood. Access to the site will be provided off Newland Street and Talbert Avenue and drive aisles will provide direct access to each unit and its attached garage. The project will also provide 85 parking spaces, including 68 spaces within 2-car attached garages associated with each unit and 17 off-street guest spaces. Pedestrian access to the site will be provided by existing public sidewalks and proposed private walkways onsite. Therefore, the project site suitable to accommodate the type of development proposed.
G: PCINOA|221051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004\MND 21-003 (Olson Townhomes) Attachment 1.3
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 because the site has been previously been disturbed and is void of any wildlife habitat.
Project design features, compliance with regulatory requirements, and mitigation measures will ensure that the subdivision will not cause serious health problems or substantial environmental damage.
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 streets, sidewalk, and utility easements to serve the new development.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 21-004:
1. Conditional Use Permit No. 21-004 to develop 34 attached two- and three-story townhomes up to 35 feet tall and allow up to an 8 foot tall retaining wall topped with a 6 foot tall wall along the west 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 project will improve an existing underutilized site with a residential development consistent with other uses in the vicinity and will assist in meeting the changing housing needs of the community. The project will comply with development standards in the HBZSO including building height, lot coverage, and landscaping and will be consistent with the overall bulk and scale of existing residential uses in the project vicinity. The project includes facade breaks, roof variations, and architectural treatment to minimize overall building mass and scale. The dwellings will be separated from the nearest residential development to the north by 5 feet of landscaping and a 20 foot wide drive aisle. Two- story units are proposed along the north side to enhance compatibility with existing development before transitioning to three-story towards Talbert Avenue. The proposed retaining with above ground wall along the western property line is needed to enable the entire site to be developed. Its location along the western interior property line will reduce its visibility and existing and proposed landscaping will help soften its appearance. The proposed grading plan minimizes pad elevations and the retaining wall as much as possible while still allowing the site to function and drain properly.
2. The granting of the conditional use permit to develop 34 attached two- and three-story townhomes up to 35 feet tall and allow up to an 8 foot tall retaining wall topped with a 6 foot tall wall along the west property line will not adversely affect the General Plan because once approved, the project will be consistent with the Residential Medium Density Land Use Element designation established in the area. The proposed project is also consistent with the General Plan goals and policies listed below.
A. Land Use Element
Goal LU-1 - New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community.
Policy LU-1A - Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation.
Policy LU-1C - Support infill development, consolidation of parcels, and adaptive reuse of existing buildings.
G: PCINOA|221051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004\MND 21-003 (Olson Townhomes) Attachment 1.4 Policy LU-1D - Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses.
Policy LU-2D - Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses.
Policy LU-E - Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach.
Goal LU-4 - A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected.
Policy LU-4D - Ensure that single-family residences are of compatible proportion, scale and character to surrounding neighborhoods.
Goal LU-7 - Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place.
The proposed project will continue the land use pattern of medium-density residential uses in the surrounding area. The project also supports infill development, as the project is located on an underutilized lot in a developed area. The proposed project will be compatible in proportion, scale, and character with the surrounding neighborhood because there are similar medium-density residential units surrounding the site. The project includes facade breaks, roof variations, and architectural treatment to minimize overall building mass and scale. The dwellings will be separated from the nearest residential development to the north by 5 feet of landscaping and a 20 foot wide drive aisle. Two-story units are proposed along the north side to enhance compatibility with existing development before transitioning to three-story towards Talbert Avenue. Furthermore, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. The proposed retaining with above ground wall along the western property line is needed to enable the entire site to be developed. Its location along the western interior property line will reduce its visibility and existing and proposed landscaping will help soften its appearance. The proposed grading plan minimizes pad elevations and the retaining wall as much as possible while still allowing the site to function and drain properly.
B. Housing Element
Policy 1.1 - Preserve the character, scale and quality of established residential neighborhoods.
Goal 2 - Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs.
Policy 2.1. - Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability.
Goal 3 - Enhance housing affordability so that modest income households can remain an integral part of the Huntington Beach community.
Policy 3.1 - Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community.
G:PCINOA|221051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004IMND 21-003 (Olson Townhomes) Attachment 1.5 Policy 3.2 - Utilize the City's Inclusionary Housing Ordinance as a tool to integrate affordable units within market rate developments. Continue to prioritize the construction of affordable units on-site, with provision of units off-site or payment of an in-lieu housing fee as a less preferred alternative.
Policy 3.3 - Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance, with funding priority to projects that include extremely low income units. Proactively seek out new models and approaches in the provision of affordable housing.
Policy 3.4 - Explore collaborative partnerships with non-profit organizations, developers, the business community and governmental agencies in the provision of affordable housing.
Policy 4.1 - Regulatory Incentives for Affordable Housing Support the use of density bonuses and other incentives, such as tee deterrals/waivers and parking reductions, to offset or reduce the costs of developing affordable housing while ensuring that potential impacts are addressed.
The proposed project will be consistent with the scale and nature of residential land uses surrounding the site. The project will comply with the City's affordable housing requirement to provide 10 percent of the proposed base dwelling units as affordable units. Therefore, approval of project will add to the City's overall housing stock.
3. The proposed project will comply with the provisions of the RM (Residential Medium Density) district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance with the exception of any concession/incentive and waivers of development standards permitted under the State Density Bonus Law.
CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 19157:
1. The Tentative Tract Map No. 19157 received and dated March 21, 2022 shall be the approved layout with the following modifications (PW):
a. The Statement of Ownership shall be signed and dated on all sheets of the subject TTM. b. The Basis of Bearings shall be corrected to indicate a pertinent street within City of Huntington Beach limits.
c. All existing parcel lines shown on Sheet 1 of the TTM shall be identified and all boundary dimensions for the existing parcels shall be clearly indicated on said TTM. d. All irrelevant Legend items not used on each respective sheet of the TTM shall be omitted. e. The proposed storm drain easement shall be identified on Sheet 2 of the TTM with a required width of 24 feet, centered over the existing public storm drain pipeline onsite.
2. Pursuant to Section 230.14 of the HBZSO, the final map for Tentative Tract Map No. 19157 shall not be approved by the City Council until an Affordable Housing Agreement has been approved by the City Council.
3. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of G:PCINOA|221051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-0041MND 21-003 (Olson Townhomes) Attachment 1.6 properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department.
4. Prior to issuance of Building Permits, an Affordable Housing Agreement in accordance with the Affordable Housing Program shall be submitted to the Community Development for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract.
The Agreement shall comply with HBZSO Section 230.14 and include, but not be limited to, the following items:
a. The duration of the affordability and the number of the affordable units which shall include at least two moderate income units and one low income unit onsite to meet the California Density Bonus Law replacement requirement;
b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement;
c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices.
5. Prior to submittal of the final tract and at least 90 days before City Council action on the final map, Conditions Covenants & Restrictions (CC&Rs) shall be submitted to the Community Development Department, Public Works, Fire, and City Attorney's office for review and approval. The CC&Rs shall identify the common driveway access easements, and maintenance, repair and replacement of all walls, common landscape areas, irrigation, drainage facilities, water quality BMP's, water system lines, fire system lines, sewer system lines, and private service lines by the Homeowners' Association. The CC&Rs shall restrict any revision or amendment of the WQMP except as may be dictated by either local, state, or federal law and the LIP. The CC&Rs shall also include a parking management plan to ensure the ongoing control of availability of on-site parking including but not limited to: the implementation of a parking permit system, restricting garages from being converted to living quarters, workshops, or storage that will preclude the parking of two vehicles, all open parking spaces within the project shall be unassigned and available for visitors and guests; no boat, trailer, camper, off-road vehicle, golf cart, commercial vehicle, mobile home, motor home, bus, or other recreational vehicle or any non-operating vehicle shall be parked or stored in any open sparking spaces; and towing of any vehicles violating the restrictions within the CC&Rs. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H)
6. Prior to final inspection or occupancy, the applicant shall remit a fair-share contribution payment in- lieu of the actual undergrounding of the existing overhead utilities, from the project's Newland Street frontage to the City limit line (20 feet east of the existing street centerline), to the Public Works Department. This in-lieu contribution amount shall be based on construction estimates provided to the applicant by the respective utility companies and approved by the City of Huntington Beach Public Works Department. (HBZSO Chapter 255)
G:PCINOA1221051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004\MND 21-003 (Olson Townhomes) Attachment 1.7
7. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be avoided to the greatest extent feasible. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. The plans shall identify materials, seep holes and drainage.
8. Comply with all mitigation measures adopted for the project in conjunction with MND 21-003.
9. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy Environmental Design (LEED) Program certification
(http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/green-building-guidelines-rating).
10. The development services departments (Community Development Department, Fire Department, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to the plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Final map review and permits shall not be issued until the development services departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. 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 provisions of HBZSO Section 241.18.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 21-004:
1. The site plan, floor plans, elevations, landscaping plan and other project plans received and dated March 2 through April 18, 2022 shall be the conceptually approved design with the following modifications subject to approval by planning staff:
a. Add a plaque recognizing the Lecrivain Family at an appropriate location on the project site. The plaque shall be reviewed by the Huntington Beach Historic Resources Board prior to installation. b. A maximum 2 foot tall lattice extension (wood or plastic) that is substantially open shall be added to the new 6 foot tall stucco wall proposed along the north property line as permitted by HBZSO Section 230.88.
c. The Newland Street driveway shall be limited to right turns only.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval, mitigation measures identified in MND No. 21-003, and Code Requirements provided in the letter dated May 4, 2022 shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point.
G: PCINOA|22\051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004\MND 21-003 (Olson Townhomes) Attachment 1.8 b. Submit three (3) copies of the site plan and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Department.
3. Prior to issuance of building permits, the following shall be completed:
a. Block wall/fencing plans including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox location(s). c. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers, and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. The applicant shall obtain any necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department (AQMD Rule 1403).
4. During demolition, grading, site development, and/or construction, the following shall be adhered to:
a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity.
g. 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 7:00 PM. Such activities are prohibited Sundays and Federal holidays (HBMC 8.40.090).
5. The structure cannot be occupied, the final building permit cannot be approved, and utilities cannot be released for the first residential unit until the following have been 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 (AQMD Rule 1403).
G: PCINOA|22\051022 GPA 21-002_ZMA 21-001_TTM 19157_CUP 21-004\MND 21-003 (Olson Townhomes) Attachment 1.9 b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department.
c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. d. All Development Impact Fees shall be paid to the Community Development Department (City of Huntington Beach Community Development Department Fee Schedule). (HBZSO Section 254.16).
6. Signage shall be reviewed under separate permits and applicable processing (HBZSO Chapter 233).
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.
8. Tentative Tract No. 19157 and Conditional Use Permit No. 21-004 become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Community Development Director pursuant to a written request submitted to the Planning Division a minimum 60 days prior to the expiration date. (HBZSO Section 251.14 and 251.16)
9. Tentative Tract Map No. 19157 and Conditional Use Permit No. 21-004 shall not become effective until General Plan Amendment No. 21-002 and Zoning Map Amendment No. 21-001 are approved by City Council and in effect.
10. The development services departments (Community Development Department, Fire Department, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. 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 provisions of HBZSO Section 241.18.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof.
G: PCINOA|22\051022 GPA 21-002_ZMA 21-001_TT 19157_CUP 21-004\MND 21-003 (Olson Townhomes) Attachment 1.10 RESOLUTION NO. 2022-23
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH APPROVING
GENERAL PLAN AMENDMENT NO. 21-002
WHEREAS, General Plan Amendment No. 21-002 proposes to amend Figure LU-2 of the Land Use Element of the City's General Plan to change the land use designation of the real property consisting of an approximately 2.07 net acre site located at 8371 to 8461 Talbert Avenue, as more particularly described in Exhibits A and B attached hereto, from Residential Low Density (RL) to Residential Medium Density (RM).
Pursuant to California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 21-002 and recommended approval of said entitlement to the City Council; and Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 21- 002; and
The City Council finds that said General Plan Amendment No. 21-002 is necessary for the changing needs and orderly development of the community, is necessary to accomplish refinement of the General Plan, and is consistent with other elements of the General Plan.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows:
SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is located at 8371 to 8461 Talbert Avenue and is more particularly described in the legal description and maps attached hereto as Exhibits A and B and incorporated by this reference as though fully set forth herein.
SECTION 2: That General Plan Amendment No. 21-002 is hereby approved. The Director of Community Development is hereby directed to prepare and file an amended Land Use Map. A copy of said map, as amended, shall be available for inspection in the Community Development Department.
22-11203/280920
RESOLUTION NO. 2022-23
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _day of_ _ 2022.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney M
REVIEWED AND APPROVED: INITIATED AND APPROVED:
• D.
City Manager Community Development Director
ATTACHMENTS
Exhibit A: Legal Description and Map
Exhibit B: Amended General Plan Map (Extract of Figure LU-2) ORDINANCE NO. 4257
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO REZONE THE REAL PROPERTY LOCATED AT 8371 TO 8461 TALBERT AVENUE FROM
RESIDENTIAL LOW DENSITY (RL) TO RESIDENTIAL MEDIUM DENSITY (RM) (ZONING MAP AMENDMENT NO. 21-001)
WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 21-001, which rezones the property located at 8371 to 8461 Talbert Avenue from Residential Low Density (RL) to Residential Medium Density (RM); and
After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1: That the real property that is the subject of this ordinance is located at 8371 to 8461 Talbert Avenue and is more particularly described in the legal description and map attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 2: That the zoning designation of the Subject Property is hereby changed from Residential Low Density (RL) to Residential Medium Density (RM) (Exhibit B).
SECTION 3: That the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to reflect Zoning Map Amendment No. 21-001 as described herein. The Director of Community Development is hereby directed to prepare and file an amended zoning map. A copy of said amended map shall be available for inspection in the Office of the City Clerk.
SECTION 4: This ordinance shall become effective 30 days after its adoption. 22-11203/280921
ORDINANCE NO. 4257
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _ day of , 2022.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager Director of Community Development
ATTACHMENTS:
Exhibit A: Legal Description and Map
Exhibit B: Amended Zoning Map
2