City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #: 23-181 MEETING DATE: 3/28/2023
TO:
FROM:
BY:
PLANNING COMMISSION STAFF REPORT
Planning Commission
Ursula Luna-Reynosa, Community Development Director
Ricky Ramos, Principal Planner
SUBJECT:
TENTATIVE TRACT MAP (TTM) NO. 19174/CONDITIONAL USE PERMIT (CUP) NO. 22-021 (BRANDYWINE TOWNHOMES)
REQUEST:
LOCATION:
APPLICANT:
PROPER?^
OWNER:
BUSINESS
OWNER:
TTM: To subdivide a 5.6 acre site for condominium purposes. CUP: To develop a project with 130 attached 3-story townhomes up to 40 feet tall and no commercial component. The request includes a transfer of 130 dwelling units from Beach Boulevard to Edinger Avenue within the Beach and Edinger Corridors Specific Plan.
7225 Edinger Ave., 92647 (north side, 200 feet west of Gothard St.) Angela Meyer, Brandywine Homes, 16580 Aston, Irvine, CA 92606 Freeway Industrial Park, 1100 W. Town and Country Road, Suite 1250, PMB #2337, Orange, CA 92868
Not applicable
PROJECT PROPOSAL:
The applicant is proposing to subdivide and redevelop the approximately 5.6 acre site with 130 attached townhomes (Attachment No. 3). The project includes the following requests:
Tentative Tract Map No. 19174 - To subdivide a 5.6 acre site for condominium purposes.
Conditional Use Permit No. 22-021 - To develop a project with 130 attached 3-story townhomes up to City of Huntington Beach Page 1 of 14 Printed on 3/21,2023 powered by Leglstar™
File #: 23-181 MEETING DATE: 3/28/2023
40 feet tall and no commercial component.
The request includes a transfer of 130 dwelling units from Beach Boulevard to Edinger Avenue within the Beach and Edinger Corridors Specific Plan (BECSP), a concession to reduce the required space between buildings, and reduced parking. The site is currently developed with a commercial center which will be demolished.
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457.
B) Approve Tentative Tract Map No. 19174 and Conditional Use Permit No. 22-021, including a transfer of 130 dwelling units, with suggested findings and conditions of approval (Attachment No. 1).
ALTERNATIVE ACTIONfS):
A) Deny Tentative Tract Map No. 19174 and Conditional Use Permit No. 22-021, including a transfer of 130 dwelling units, with findings for denial.
B) Continue Tentative Tract Map No. 19174 and Conditional Use Permit No. 22-021, including a transfer of 130 dwelling units, and direct staff accordingly.
Backaround:
In 2010, the City adopted BECSP. The goal of BECSP was to transform the current development of commercial strip centers lined with surface parking lots and generally low-rise commercial buildings to a pattern of centers and segments characterized with clusters of shops and activity of varying intensity. These new active areas would include a mix of residential, offices, and commercial uses oriented to alternative modes of transportation including walking and bicycling.
In 2015, the City Council amended BECSP to decrease the total number of residential units allowed from 4,500 to 2,100, increase setbacks, increase minimum parking standards, require upper story setbacks, require a commercial component in all residential buildings, and permit residential subject to approval of a CUP. Other amendments related to auto dealers and civic and cultural uses were also approved. Out of the 2,100 Maximum Amount of New Development (MAND) units currently permitted, 1,900 have been constructed leaving a balance of 200 units along Beach Boulevard.
ISSUES AND ANALYSIS:
Subiect Property And Surrounding General Plan Desicinations, Zon/nfl/lnc/ Land Uses:
|VICINITVf MAP
City of Huntington Beach Page 2 of 14 Printed on 3/21/2023 powered by Leglstar™
File #: 23-181 MEETING DATE: 3/28/2023
LOOGENERjZOnLAND USE
ON-lMixed U|Spe|
|(Be^
ICod
commercial
NOf|Public (F|Pub|Golden West College
EA^M-sp ISP commercial
SOl|M-sp ISP Multi-Family Residential
City of Huntington Beach Page 3 of 14 Printed on 3/21,2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
General Plan Conformance:
The General Plan Land Use Map designation on the subject property is Mixed Use - Specific Plan Overlay. The project is consistent with this designation and the goals and policies of the General Plan as follows:
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-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.
Policy LU-4A - Encourage a mix of residential types to accommodate people with diverse housing needs.
Policy LU-4B - Improve options for people to live near work and public transit.
Policy LU-4E - Encourage housing options located in proximity to employment to reduce vehicle miles traveled.
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 project will redevelop an infill site with townhomes to address the diverse housing needs of the community. It will be compatible with the character of the neighborhood which consists of a mix of commercial and residential with light industrial uses further away. It will provide additional opportunities for ownership housing near employment and public transit. The project proposes an architectural style that is in keeping with the proportion, scale, and character of the neighborhood.
The proposed 3-story townhomes will be a story less than the more recent 4- and 5-story multi- family residential projects built in the area. It is consistent with the development standards in BECSP and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) except for reduced City of Huntington Beach Page 4 of 14 Printed on 3/21/2023 powered by Leglstar^
File #: 23-181 MEETING DATE: 3/28/2023
parking and a concession to building separation permitted under the California Density Bonus Law.
B. Housin^^^^^^^^^^^B^
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.
Policy 2.3 - Encourage and facilitate the provision of housing affordable to lower income households within the Beach and Edinger Corridors Specific Plan.
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.
Policy 4.1 - 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.
Policy 6.4 - Incorporate transit and other transportation alternatives including walking and bicycling into the design of new development, particularly in areas within a half mile of designated transit stops.
The project will redevelop an underutilized commercial center with a townhome project that will provide more homeownership opportunities to address 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 dwelling units as affordable units. Due to the provision of affordable City of Huntington Beach Page 5 of 14 Printed on 3/21/2023 powered by LeQlstarT?'1
File #: 23-181 MEETING DATE: 3/28/2023
housing, the applicant is entitled to reduced parking and any concessions and waivers as permitted by the California Density Bonus Law. The project is located near transit, employment, and services which can facilitate alternative forms of transportation.
C. Circulation Element
Goal CIRC-3A - Convenient and efficient connections between regional transit and areas of employment, shopping, recreation, and housing will increase ridership and active mobility, with a focus on first/last mile solutions.
Policy CIRC-6C - Require new commercial and residential projects to integrate with pedestrian and bicycle networks, and that necessary land area is provided for the infrastructure.
The project site is located near public transportation, including the Golden West Transportation Center, as well as employment and shopping. The project will be installing Classic Boulevard frontage improvements to match recent developments in the area as required by BECSP which includes up to a 12 foot wide sidewalk along the Edinger Avenue frontage. That combined with the bike racks that will be provided onsite will facilitate active mobility and could increase transit ridership.
Zoning Compliance:
The residential project complies with the requirements of BECSP and Huntington Beach Zoning and Subdivision Ordinance (HBZSO), including regulations pertaining to subdivisions. Below is a zoning conformance matrix that compares the proposed project with the main development standards in BECSP.
Section
2.3.1 2.3.3
2.4.3-5
2.5.1 2.6.1
2.6.3 Development Standards
Max. building height
Max. building length
Vlin. setbacks
Improvements to existing
streets
Public Open Space
Private Open Space
Code Provision
4 stories
300ft.
Front - 30 ft. Side -
10ft. Rear-10 ft.
classic Blvd.
50 s.f./unit
30 s.f./unit
proposed
3 stories
275ft.
^1 ft. 10ft. 10 ft.
classic Blvd.
50 s.f./unit
34to216s.f./unit
Compliance
/es
Yes
/es
/es
/es
Yes
Land Use Compatibility
The project is compatible with the area which consists of a mix of commercial and residential with light industrial uses further away. Immediately to the east of the site are a variety of commercial uses, with Golden West College to the north and west, and a residential development to the south across Edinger Avenue. The proposed 3-story townhome project is in keeping with the character of the area including several nearby 4- and 5-story residential projects (Luce, Boardwalk, and Avalon apartments) developed since the adoption of the BECSP as well as the Residences at Bella Terra.
The table below provides a comparison of the density of the proposed project and nearby residential developments in BECSP and shows that this project is significantly less dense than the other projects City of Huntington Beach Page 6 of 14 Printed on 3/21,2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
listed.
PROJECT
Brandywine Townhomes
Luce Apartments
Boardwalk Apartments
Avalon Apartments
JNIT COUNT
130
510
487
378
SITE SIZE
5.6 acres
3.5 acres
12.5 acres (mixed use)
3.8 acres (mixed use)
DENSITY
23.2 units/acre
30 units/acre
39 units/acre
100 units/acre
Golden West College (GWC) expressed concerns about the proximity of the project to its Criminal Justice Training Center located immediately north of the project site where they conduct law enforcement training and testing. The applicant substantially modified the proposed project by eliminating all windows on the 2nd and 3rd stories of buildings 5, 6, and 9 facing north towards GWC and proposing an evergreen landscape screen that can grow up to 30 feet tall at maturity along the majority of the north and west project boundaries to maintain GWC's privacy. The applicant also conducted a noise study which indicates that the proposed project will meet established residential indoor and outdoor (common open space) noise standards after considering noise levels from surrounding uses and vehicular traffic. An updated noise study will be required prior to issuance of building permits to address noise from the law enforcement training pursuant to BECSP mitigation measures.
Site Layout/Tract Map
The project provides adequate vehicular access through a 28 foot wide driveway off Edinger Avenue which connects to a drive aisle that loops around the site and provides access to each unit. Gated emergency access is proposed at the northeast comer of the site which connects to an access easement across the adjacent commercial property to the east providing access to Gothard. The development includes Classic Boulevard public frontage improvements incorporating a sidewalk, angled parking, drive aisle, and landscaping that is a continuation of similar improvements at the adjacent car wash/retail property to the west. It will provide continuous circulation and replace the existing reciprocal access between the two properties. The applicant will be required to make median and signing/striping improvements on Edinger to facilitate proper circulation. The sidewalk facilitates access to the surrounding development and supports active transportation in a pedestrian- oriented environment to nearby entertainment, services, employment opportunities, and public transit. Internal pedestrian access will be through a series of walkways proposed throughout the project. In order to restore fire access for the adjacent car wash/retail property, the applicant is planning to install a new fire lane that connects to Edinger Avenue.
The project includes 16 residential buildings mostly arranged in a linear fashion throughout the property as well as a few in a U-shaped configuration around a parking court. The entrance to the units are oriented along the main drive aisle, walkways, and landscaped common areas. The two buildings along Edinger are setback 41 feet to provide an adequate buffer from vehicular traffic. A required 10 foot setback is planned along the west and north sides abutting Golden West College.
The majority of the townhomes are setback approximately 40 to 50 feet from the east property line to provide good separation next to commercial uses.
Required public open space of 50 square feet per unit is proposed on the west side of the property City of Huntington Beach Page 7 of 14 Printed on 3/21,2023 powered by Leglstar™
File #: 23-181 MEETING DATE: 3/28/2023
facing Edinger to allow public access. In order to meet the required public open space area, the applicant will have to eliminate one dwelling unit. Each unit includes a balcony/deck to meet the required private open space requirement of 60 square feet per unit. In addition, common private open space is planned in the middle of the site and will include a common area building, pool, bbq, seating, and restrooms. The project complies with all BECSP and HBZSO development standards except for reduced parking and a concession to building separation as permitted under the California Density Bonus Law.
The proposed one lot condominium TTM is consistent with the General Plan and zoning designation.
The site is physically suitable for the type and density of development proposed because the subject property is located in a mixed-use neighborhood with similar residential development including some under the same General Plan land use and zoning designations. The site's size, shape, and flat topography are conducive to the development of a new residential project that conforms to the General Plan, BECSP, HBZSO, and other city requirements and is in keeping with the character of the surrounding neighborhood. The proposed grading plan minimizes pad elevations and retaining walls to remain compatible with the surrounding properties while still allowing the site to function and drain properly. 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 property is an infill site that has been previously been disturbed and is void of any wildlife habitat. The subdivision will provide all necessary vehicular access, sidewalk, and utility easements to serve the new development.
Conditional Use Permit
Multi-family residential projects in BECSP require a CUP from the Planning Commission and must include a retail/commercial component at street level unless a deviation is permitted. The proposed townhome project will improve an existing underutilized commercial center and provide a new home ownership opportunity in the area. The applicant has submitted 10 floor plans ranging from about 1,100 to 2,500 square feet with 2 to 4 bedrooms and a 2-car garage. Each unit will have 3 stories with a maximum height of under 40 feet which complies with BECSP and is lower than the surrounding 4- and 5-story apartments built since the adoption of BECSP.
The 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 because it will be compatible with the bulk and scale of existing residential uses in the project vicinity and proposes less density. The applicant's request to eliminate the required commercial component will not affect access to goods and services as there are numerous commercial uses and a regional mall in the area. In addition, demand for commercial space has been reduced due to e-commerce.
The project includes facade breaks, roof line variations, and architectural treatment to minimize overall building mass and scale and create an attractive design. The 2 buildings along the Edinger frontage, as modified by a code requirement, provides wall offsets and will include additional materials to enhance its appearance and contribute to a pleasing street scene. The dwellings will be separated from surrounding uses by a 6 foot tail block wall, landscaping and adequate setback. The granting of the conditional use permit will not adversely affect the General Plan because the project will be consistent with the Mixed Use Land Use Element designation established in the area. The proposed project will comply with the provisions of the BECSP and other applicable provisions in Titles 20-25 of the HBZSO with the exception of reduced parking and a concession to the required City of Huntington Beach Page 8 of 14 Printed on 3/21/2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
building separation permitted under the California Density Bonus Law.
Density Transfer
As noted previously, BECSP currently permits a MAND of 2,100 dwelling units (1,375 on Edinger and 725 on Beach) 1,900 of which have been constructed leaving a balance of 200 dwelling units along Beach Boulevard. The applicant is requesting a transfer of 130 dwelling units to Edinger Avenue. BECSP permits such a transfer subject to the following requirements:
1. An Infrastructure Analysis documenting that the transfer does not exceed proposed infrastructure capacity. If capacity will be exceeded based on the required analysis, recommendations for additional infrastructure improvements must also be submitted.
Required infrastructure modifications shall be the responsibility of the party requesting the transfer, and shall be placed as conditions of approval of the appropriate development entitlement.
2. An Environmental Analysis in the form of the City's Initial Study documentation that the proposed transfer will not affect the conclusions of the environmental analysis contained in Certified EIR No. 08-008. If the conclusions are affected, additional environmental analysis may be required.
3. A policy analysis documenting that the transfer is consistent with the goals, policies, and programs of the City of Huntington Beach General Plan and this Specific Plan.
Preliminary infrastructure studies have been reviewed by Public Works staff. Staff has provided code requirements identifying additional information and requirements that will be addressed during plan check to ensure existing infrastructure is suitable for the project or to identify required improvements.
The applicant will be responsible for all required infrastructure improvements needed to serve the additional dwelling units proposed and to ensure that the proposed project does not exceed the infrastructure capacity in the area.
EIR No. 08-008 was certified as part of the initial adoption of BECSP and analyzed an increase of up to 4,500 dwelling units (1,745 on Edinger and 2,755 on Beach), 738,000 square feet of retail, 350 hotel rooms, and 112,000 square feet of office uses within the specific plan area. The EIR included mitigation measures to mitigate the impacts from the full buildout of BECSP. To date, 1,375 dwelling units have be constructed on Edinger within BECSP. The addition of 130 townhomes would result in a total increase of 1,505 dwelling units on Edinger since the adoption of BECSP which is below the 1,745 dwelling units analyzed in the EIR and planned for Edinger Avenue. Therefore, no further CEQA analysis is required. The General Plan conformance section of this report demonstrates that the project is consistent with the goals and policies of the General Plan. Lastly, the project, as modified by code requirements, will be consistent with the requirements of BECSP except for parking reduction and a concession to building separation permitted under the California Density Bonus Law as discussed below.
California Density Bonus Law
The applicant is seeking to invoke development tools and privileges outlined in the California Density City of Huntington Beach Page 9 of 14 Printed on 3/21/2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
Bonus Law (CDBL) (found in the California Government Code Sections 65915-65918). As stipulated in the CDBL, projects providing affordable housing are entitled to a density bonus on a sliding scale based on the percentage of affordable units at each income level. In addition to a density bonus, local jurisdictions are required to grant concessions to housing projects containing a percentage of affordable units. A concession is defined as any of the following: a reduction in site development standards or a modification of zoning code or architectural design requirements (e.g., a reduction in setback or minimum square footage requirements), approval of mixed use zoning, or other regulatory concessions which result in identifiable and actual cost reductions.
The number of required concessions that are granted to an applicant is based on the percentage of affordable units included as part the project. Projects that include 10 percent of the proposed units as affordable to moderate income households like the proposed project are entitled to one concession.
Concessions are permitted unless it does not result in identifiable and actual cost reductions, would cause a public health or safety problem, would harm historical property, or would be contrary to the law.
In addition to granting concessions, developments qualifying for a density bonus also can receive an unlimited number of waivers from development standards. As such, the City is not permitted to apply development standards that would physically prevent the project from being developed at the permitted density with the granted concessions. However, the City is not required to waive or reduce development standards that would cause a public health or safety problem, cause an environmental problem, harm historical property, or would be contrary to law. A waiver of a development standard does not count as a concession, and there is no limit on the number of development standard waivers that may be requested or granted.
In addition, the CDBL stipulates that the City may not require parking at ratios beyond what is established in the CDBL upon the developer's request. Consistent with the CDBL, the project includes the following:
Densitv Bonus:
The applicant is not requesting a density bonus.
Concession:
The applicant is requesting a concession to reduce the required space between buildings from 20 feet to a minimum of 14 ft-9 in. between residential buildings and 10 ft. to a common area building.
The applicant has indicated that the concession will result in a cost reduction by allowing the project to have 11 additional units which allows for a reduction in the per unit construction costs making the project financially feasible. If the 20 foot building separation were required, 11 units will be lost which increases the per unit cost of construction by nearly $30,000 per unit.
Waivers:
The applicant is not requesting any waivers.
Reduced Parkinq Ratio:
Per the CDBL, the City may not require more than the parking ratios for a density bonus project (inclusive of parking for persons with disabilities) outlined in the table below. As illustrated by this table, the proposed project would provide more spaces than what is required by the CDBL.
City of Huntington Beach Page 10 of 14 Printed on 3/21/2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
Unit Type
2 Bedroom
3 Bedroom
4 Bedroom
Fype
Count
14 units
B2 units
33 units
required
>arking Ratio
ler City Code
; per unit
;.5 per unit
;.5 per unit
i.5 guest space
>er unit
Total
required
)arking
>paces
ler City
;ode
:8
>0
;08
i5
81 flaximum
>arking
requirements
ler State Law
.5 per unit
.5 per unit
;.5 per unit
1 spaces
Required
Parking
Spaces per
State Law
21 48
208
3 277
Provided
Parking by
the Project
28 34
166
56 314
Quimby Act and Affordable Housing
The Community Sen/ices and Library Department has determined that additional public park area within the project area is not needed. Instead the project will pay park and recreation in lieu fees to satisfy Quimby Act requirements pursuant to Chapter 254 of the HBZSO.
Pursuant to the HBZSO, the project is required to comply with affordable housing requirements and will provide 10 percent of the proposed project as affordable units. The income restricted units must be provided on-site with the new development in order to qualify for density bonus and its other benefits.
yrbanDesKyn GiJicfe/ines Conformance:
The project will comply with the architectural regulations and guidelines of BECSP. A detailed discussion of the project's design was provided in the Analysis section of this staff report. Below are the site plan, perspective, and representative building elevation.
City of Huntington Beach Page 11 of 14 Printed on 3/21/2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
Site Plan
Perspective
City of Huntington Beach Page 12 of 14 Printed on 3/21,2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
Building Elevation
Environmental Status:
The project will not have any significant effect on the environment and is exempt from the provisions of CEQA pursuant to section 15182 of the CEQA Guidelines and Government Code 65457, because the project is a residential development that conforms to the BECSP for which Program EIR No. 08- 008 was adopted and implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the Final EIR for the BECSP.
The project is required to comply with all applicable mitigation measures adopted for BECSP. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines are present and, therefore, no EIR or MND is required.
Coastal Status:
Not applicable.
Design Review Board:
Not applicable.
Other Departments Concerns and Reciuirements:
Public Works, Building, Fire, Police, and Community Services staff reviewed the proposed project and identified code requirements applicable to the project. The Public Works Department identified one condition that has been incorporated into the suggested conditions of approval (Attachment No. 1).
Public Notification:
Legal notice was published in the Huntington Beach Wave on Thursday, December 1, 2022 and notices were sent to property owners of record and occupants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Community Development Department's Notification Matrix), and applicant. Written communications received as of December 6, 2022 are attached to this staff report (Attachment No. 6).
Application Processina Dates:
DATE OF COMPLETE APPLICATION:
October 20, 2022
MANDATORY PROCESSING DATE(S):
60 days after applicant provides required notice
City of Huntington Beach Page 13 of 14 Printed on 3/21/2023 powered by Legistar™
File #: 23-181 MEETING DATE: 3/28/2023
SUMMARY:
Staff recommends approval of TTM No. 19174 and CUP No. 22-021 with findings and conditions (Attachment No. 1).
This recommendation is based on the following:
The project is consistent with the General Plan and its goals and policies.
The project is compatible with the surrounding area.
The TTM meets the requirements of the Subdivision Map Act.
The project complies with the provisions of BECSP and HBZSO with the exception of the proposed parking reduction and concession permitted under the CDBL.
The project adds to the City's housing stock, including affordable housing, and RHNA targets.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval ofTTM No. 19174 and CUP No. 22-021
2. Vicinity Map
3. Project Narrative received September 20,2022
4. Project Entitlement Plans received September 20, 2022 and March 20,2023
5. Code Requirements Letter (for informational purposes only) dated Dec. 1,2022
6. Letters in Opposition/Support
7. Police Department memo dated July 2, 2022
City of Huntington Beach Page 14 of 14 Printed on 3/21/2023 powered by Leglstar™
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, MARCH 28,2023
HUNTINGTON BEACH CIVIC CENTER
2000 MAIN STREET, HUNTINGTON BEACH, CAUFORNIA 92648
6:00 P.M. - GOUNCIL CHAMBERS
CAU-PLANNING GOIVIMISSION MEETING TO ORDER
PLEDGE OF ALLEGIANCE - Led by Commissioner Kennedy
p p p p p p p
ROLL CALL: Adam, Kefanedy, Twimng, Peflmsn, Wboc^ RQdrigueZy Ayo^to'Galym
PUBLIC COMMENTS - NONE
PUBLIC HEARING ITEMS
23-181 TENTATIVE TRACT MAP (TTM) N0. 't9l74/GQNDmONAL USE PERMIT (CUP) NO. 22-021 (BRANDYWINE TOWNHOMES)
REOUEST:
TTM: To subdivide a 5.6 acre site for condormriium purposes. CUP: To develop a project with 130 attached S-story townhomes up to 40 feet tail andl no commercial component. The request includes a transfer N 130 dweHing units from Beach Boulevard to Edinger Avenue within the Beach and Edmger Corridors Specific Plan.
LOCATION:
7225 Edinger Aye., 92647 (north side, 200 feetwest of Gothard St) RECOMMENDED ACTION:
The Planning Commission shall take the following actions:
A) Find the proposed prdjeot exempt from We California Envirbnmerrtat Quality Act (CEQA) ptirsyant to Sedipn 15182 of the CEQA Guidelines and Goyemment Code65457.
B) Approve Tentative Tract Map No. 19174 and Conditional Use Permit No. 22-021, including a transfer of 130 dwelling units, with suggested findings and conditions of approval (Attachment No. 1),
The Commission made the following disclpsyres:
:23pcm0328
PC Minutes
March 28. 2023
• Commissioner Adam visited the site and spoke with Commissioner Wood and the applicant.
• Commissioner Kennedy visited the site.
• Vice-Chair Twining spoke with the applicant and visited the site. • Chair Pellman spoke with the applicant and visited the site. • Commissioner Wood spoke with the applicant and Commissioner Wood, and visited the site.
• Commissioner Rodriguez had no disclosures.
• Commissioner Acosta-Galvan visited the site and spoke with staff.
Ricky Ramos, Principal Planner, gave the staff presentation for the proposed project. He noted that staff is recommening a minor modification to Condition No. 6(b) to specify all associated private common open space.
There was a lengthy discussion regarding the access easement between the subject property and the adjacent property. Staff indicated that the improvements onsite would include a classic boulevard which would maintain receiprocal access to both sites.
There was brief discussion regarding the proposed affordable housing units, the duration of the program environmental impact report, and the impacts to the adjacent properties.
THE PUBLIC HEARING WAS OPENED.
Lindsay Ortega, applicant, spoke in support of Item No. 23-181, provding a detailed overview of the project. She stated that she has worked with Golden West College to address potential privacy impacts.
Eric LaShelle, owner of current onsite business, spoke in opposition to Item No. 23-181, citing the unique businesses that will be lost if the project is approved.
Bret Blanchard, longterm ground leasee for H2GO, spoke in opposition to Item No, 23-181, citing late notice, lack of communication from property owner, the reciprocat access easement, and the potential negative impacts to the H2GO business.
Jeff Bergsma, resident and designer of the adjacent site, expressed concern with Item No. 23-181, citing the potential loss of the reciprocal easement, and asked that the applicant to work with the adjacent property owners o limit the potential negative impacts.
Karissa DiStefano. BIA, spoke in support of Item No. 23-181 citing the need for more housing in the city.
David Trotter, Freeway Industrial Park, spoke in support of Item No. 23-181, and stating that he would like the reciprocal easement agreement rescinded as there's not require for reciprocal easements between residential and commercial properties.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED.
23pcm0328
PC Minutes
March 28, 2023
Page3
There was discussion regarding the reciprocal access agreement, the parking improvements, the number of parking spots proposed onsite, and adding a condition to require the applicant to pay for all related improvements to the carwash site.
A MOTION WAS MADE BY ADAM, SECONDED BY KENNEDY, TO FIND THE
PROPOSED PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15182 OF THE CEQA GUIDELINES AND GOVERNMENT CODE 65457, AND
APPROVE TENTATIVE TRACT MAP NO. 19174 AND CONDITIONAL USE PERMIT NO. 22-021, INCLUDING A TRANSFER OF 130 DWELLING UNITS,
WITH SUGGESTED FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adam, Kennedy^ Twining, Pellman, Wood, Rodriguez, Acosta- Galvan
None
None
None
MOTION PASSED
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 and Government Code 65457, because the project is a residential development that conforms to the Beach and Edinger Corridors Specific Plan (BECSP) for which Program EIR No, 08-008 was adopted and implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the Final El R for the BECSP- The project is required to comply with all applicable mitigation measures adopted for BECSP. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines are present and, therefore, no EIR or MND is required, The project is located at 7225 Edlnger Avenue and consists of 129 attached 3-story townhomes up to 40 feet tail without a commercial component and a tentative tract map to subdivide a 5.6 acre site for condominium purposes. The development site is located within the Town Center Boulevard Segment of the BECSP. The City certified Program EIR No. 08-008 on December 8, 2009 and adopted the BECSP on March 1, 2010. In 2015. the City Council amended the BECSP to reduce the Maximum Amount of New Development (MAND) from 4,500 to 2,100 total new dwelling units (725 units on Beach Boulevard and 1,375 unit on Edinger Avenue). There are 200 undeveloped units remaining within the MAN D on Beach Boulevard. The 129 units proposed by the project is within this limit and the project includes a request to transfer 129 dwelling units from Beach Boulevard to Edinger Avenue. The project conforms to all standards and regulations of the BECSP and HBZSO except for reduced parking and a concession to required building separation as permitted by the California Density Bonus Law, Accordingly, no revision to the previously certified Program El R is proposed as part of the project, nor have any circumstances changed requiring revision of the previously certified Program EIR. In addition, no new information identifies that implementation of the BECSP, including the project, will have significant effects that were not discussed in the previously 23pcm0328
PC Minutes
March 28, 2023
certified Program EIR or that the significant effects identified in the certified Program EIR will be substantially more severe than determined in the Program El R. Nor is there new information showing that mitigation measures or alternatives not previously adopted would substantially reduce one or more significant effects of the Project.
FINDINGS FOR APPROVAL - TENTATIVE MAP NO.19174:
1, Tentative Tract Map (TTM) No. 19174 to subdivide a 5.6 acre site for condominium purposes is consistent with the General Plan land use designation of Mixed Use - Specific Plan Overlay and zoning designation of BECSP (Town Center Boulevard Segment) on the subject property, applicable provisions of the Subdivision Map Act, and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The TTM complies with all development standards set forth in the BECSP and HBZSO. 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 mixed-use neighborhood with similar residential development including some under the same General Plan land use and zoning designations. The site's size, shape, and flat topography are conducive to the development of a new residential project that conforms to the General Plan, BECSP, HBZSO, and other city requirements and is in keeping with the character of the surrounding neighborhood. The proposed grading plan minimizes pad elevations and retaining walls to remain compatible with surrounding properties while aliowing the site to function and drain properly. Access to the site will be provided off Edinger Avenue and drive aistes will provide direct access to each unit and its attached garage. The project will also provide 260 spaces within 2-car attached garages associated with each unit and up to 58 off-street guest spaces. Pedestrian access to the site will be provided by a proposed public sidewalk along Edinger and private walkways onsite. Therefore, the project site suitable to accommodate the type of development proposed.
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 property is an infill site already developed with a commercial center and is void of any wildlife habitat. 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 vehicutar access, sidewalk, and utility easements to serve the new development.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 22-021:
1. Conditional Use Permit No. 22-021 to develop a project with 129 attached 3-story townhomes up to 40 feet tail and no commercial component with a request to transfer 129 dwelling units from Beach Boulevard to Edinger Avenue within BECSP will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental 23pcm0328
PC Minutes
March 28. 2023
Page5
to the value of the property and improvements in the neighborhood. The project will improve an underutilized site with a residential development compatible with other uses in the vicinity. It will assist in meeting the changing housing needs of the community by providing a new homeownership opportunity in the area. The project wiil comply with development standards in BECSP and the HBZSO Including building height, setbacks, and landscaping and will be consistent with the overall bulk and scale of existing residential uses in the project vicinity. The project is one story less than residential projects developed in the area in recent years and includes facade offsets, roofline variations, and architectural treatment to minimize overall building mass and scale. The project's lack of a commercial component will not affect access to goods and services as there are numerous commercial uses and a regional mall in the area to adequately meet the needs of the general public. The applicant is required to make all infrastructure improvements needed to serve the additional dwelling units proposed.
2. The granting of the conditional use permit to develop a project with 129 attached 3-story townhomes up to 40 feet tail without a commercial component with a request to transfer 129 dwelling units from Beach Boulevard to Edinger Avenue within BECSP will not adversely affect the General Plan because the project is consistent with the Mixed Use - Specific Plan Overlay Land Use Element designation on the subject site. 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 LLMA - 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 infili deveiopment, 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-2E - Intensify the use and strengthen the role of public art, architecture^ landscaping, site design, and development patterns to enhance the visual image of Hunlington 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-4A - Encourage a mix of residential types to accommodate people with diverse housing needs.
Policy LU-4B - Improve options for people to live near work and public transit.
Policy LU-4E - Encourage housing options located in proximity to employment to reduce vehicle miles traveled.
23pcm0328
PC Minutes
March 28, 2023
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 project will redevelop an infill site with townhomes to address the diverse housing needs of the community. It will be compatible with the character of the neighborhood which consists of a mix of commercial and residential with light industrial uses further away. It will provide additional opportunities for ownership housing near employment and public transit.
The project proposes an architectural style that is in keeping with the proportion, scale, and character of the neighborhood. The proposed 3-story townhomes will be a story less than the more recent 4- and 5-story multi-famity residential projects built in the area. It is consistent with the development standards in the Beach and Edinger Corridors Specific Plan (BECSP) and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) except for reduced parking and a concession to building separation permitted under the California Density Bonus Law.
B. Housing Element
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.
Policy 2.3 - Encourage and facilitate the provision of housing affordable to lower income households within the Beach and Ectinger Corridors Specific Plan.
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 toot 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 Jn-lieu housing fee as a fess 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 - 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. 23pcm0328
PC Minutes
March 28. 2023
Policy 6.4 - Incorporate transit and other transportation alternatives including walking and bicycling into the design of new development, particularly in areas within a half mile of designated transit stops.
The project will redevelop an underutilized commercial center with a fownhome project that will provide more homeownership opportunities to address the diverse housing needs of the community. The project will comply with the Cit/s affordable housing requirement to provide 10 percent of the proposed dwelling units as affordable units. Due to the provision of affordable housing, the applicant is entitled to reduced parking and any concession and waivers as permitted by the California Density Bonus Law. The project is located near transit, employment, and services which can facilitate alternative forms of transportation.
C. Circulation^ Elem^
Goal C1RC-3A- Convenient and efficient connections between regional transit and areas of employment, shopping, recreation, and housing will increase ridership and active mobility, with a focus on first/last mile solutions.
Policy CIRC-6C - Require new commercial and residential projects to integrate with pedestrian and bicycle networks, and that necessary land area is provided for the infrastructure.
The project site is located near public transportation, including the Golden West Transportation Center, as well as employment and shopping. The project will be installing Classic Boulevard frontage improvements to match recent developments in the area as required by BECSP which includes up to a 12 foot wide sidewalk along the Edinger Avenue frontage. That combined with the bike racks that will be provided onsite will facilitate active mobility and could increase transit ridership.
3. The proposed project will comply with the provisions of the BECSP and other applicable provisions in Titles 20-25 of the HBZSO with the exception of reduced parking and a concession to the required building separation permitted under the California Density Bonus Law.
CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 19174:
1. The Tentative Tract Map No. 19174 received September 20, 2022 shall be the approved layout.
2. Pursuant to Section 230.14 of the HBZSO, the final map for Tentative Tract Map No.19174 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 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 comptetion 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 23pcm0328
PC Minutes
March 28. 2023
PageS
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 onsite:
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, and City Attorney's office for review and approval.
The CC&Rs shall 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, frailer, 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 shall identify that there is a Golden West College Criminal Justice Training Center immediately to the north of the project site where training occurs and that no windows are allowed on the 2nd and 3rd story north facing elevation of the townhomes along the northern boundary of the subject site for privacy. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H and BECSP)
6. Prior to final inspection or occupancy, the Developer shall provide a Landscape Maintenance Agreement for the continuing maintenance and liability of all landscaping, irrigation, street lighting, furniture, and hardscape that is located along the project frontage within the public right of way and pedestrian access easements. The agreement shall describe all aspects of maintenance such as enhanced sidewalk cleaning, weed and pest control, trash cans, disposal of trash, signs, tree or palm replacement, and any other aspect of maintenance that is warranted by the improvements proposed. The agreement shall state that the property ownership shall be responsible for all costs associated with maintenance (including any fees for water and electrical use), repair, replacement, liability, and fees imposed by the City. (PW)
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 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 23pcm0328
PC Minutes
March 28, 2023
Page9
new walls, a plan must be submitted identjfying 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 in the BECSP EIR No. 08-008.
9. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly enGouraged. Sustainable building practices may include (but are not limited to) those recommended by the US, Green Building CoyndFs Leadership in Energy and Enyironmental Design (LEED) Program certification (htt0:MwAW.u§afac.orxi/Displa¥Paae.aspx?Cafe<3orylDS or Build It Green's Green Building Guidelines and Rating Systems (http:/Amw.builditaFeen.or^ guiclelines-rating).
10. The development services departments (Community Development Departrnent, Fire Department, and Public Works) 3hall be responsjble 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 cMangecl circumsfances, new information or other relevant factors.
Final map review and permits shall not be issued until the development services departments h^ve reviewed and approved the proposed changes for conformance with the intent of the Planning Corrimission*s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning CommisBion may be required pursuant to the provisions of HBZSO Section 241 . 18.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0.22-021:
1. The site plan, floor plans, etevations» and other project plans received September 20, 2022 and March 20, 2023 shall be the conceptually approved design with the modification that no windows are allowed on the 2nd and 3rd story north facing elevation ofthetownhomes along the northern faoundary of the subject site for privacy. The final design of Byjlcfings 5 and6 shall be subjecfcfo planning staff approval.
2. Prior to issuance of a demolition permit, ttie required entiflemerrt for tte proposed elimination of 2 parking spaces on the adjacent car wash property to the east in order to provide the required fire lane for tliat property must be approved.
3. Prior to issuance of a grading permit, the applicant shall submit a construction managwienf plan that addresses coordination with the operator of the adja^c^^ car wash daring the completion of improvements on the car wash site including but not limited to the relocation of the reciprocal access, removal of parking spaces and instatiation of the new car wash fire lane, and cpntinyation of the Classic Boulevard public frontage imprbvements to the project site subject to approval by the Commuriity Development Director, Alt ifnprovement costs on the car wash site related to the development of the townhome prDject shall be the responsibility of the applicant.
4. Prior to submittal for byjtdjng permits, the following shall be completecl:
a, Zoning entitlement conditions of approval, mitigation measures identified in BECSP El R No. 08-QD8, and code requirements provided in the letter dated Dec. 1, 2022 shali be printed varbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electricai, mechanical and 23pcm0328
PC Minutes
March 28, 2023
plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point.
b. Submit three (3) copies of the site plan and floor plans and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Department.
5. Prior to issuance of building permits, the following shall be completed:
a. Block wall/fendng 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 wil) 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.
6. 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 emrssions.
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).
23pcm0328
PC Minutes
March 28,2023
7. 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. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department.
b. The public open space and all associated private common open space and recreational amenities shall be completed.
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).
8. 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.
9. Tentative Tract No. 19174 and Conditional Use Permit No. 22-021 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 251.14and251.16)
10. The development services departments (Community Development Department, Fire Department, and Public Works) shal! 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. tNDEMNIFICATION 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.
23pcm0328
PC Minutes
March 28, 2023
CONSENT CALENDAR
23-290 APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 14. 2023 Recommended Action:
That tha Planning Commission take the fbllowing action:
^Approve the February 14» 2023, Planning Commission Minutes as subnnitted^
A MOTION WAS MADE BY WOOD, SECONDED BY RODRIGUEZ, TO APPROVE THE FEBRUARY 14, 2023, PLANNING COMMISSION IVHNUTES AS SUBMirTED, BY THE FOLLOWING VOTE:
AYES: Kennedy, Twining, Pellman, Wood, Rodriguez, Acosta-Galvan NOES: None
ABSENT: None
ABSTAIN: Adam
MOTION APPROVED
NON-PUBLIC HEARING ITEMS - NONE
PLANNING ITEMS
Matthew Scbneider, Plannjng Manager, reported on recent and ypcoming City Gouncil meetings and reported on items scheduled for upcoming Planning CSommissJon meetings.
PLANNING COMRfllSSlON ITEMS
Gommissjoner Adams ad RQdriguez asked for information regarding upcoming hearing items.
Commissioner Kennedy thanked staff for their detailed reports, ComrnissSonerWood fhanted staff for their work and asked Chair Peltman to ask the public speakers for their names,
Commjssjoner Rodriguez thanked Chair Pellman fbr his commitfee assignment and thanked staff for his Planning Academy registration.
Chair Peflman thanked staff for assisting with the voting software.
ADJOURNMENT; Adjourned at 7:15 PM to the next regularly scheduled meeting of Tuesday, April 11,2023.
APPROVED BY: ^
r'7 Z.<?-^~t /.?^%<a^
Jennfifer^illasenor, Acting Secretary TracyT:?eIlman, Chairperson 23pcm0328