HomeMy WebLinkAbout1986-03-04APPROVED 3/18/86
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
TUESDAY, MARCH 4, 1986 - 7:00 PM
PLEDGE OF ALLEGIANCE
P P A P P P
ROLL CALL: Rowe, Winchell, Schumacher, Livengood, Erskine, Porter,
P
Mirjahangir
A. CONSENT CALENDAR:
A-1 Minutes February 19, 1986 Planning Commission Meeting
A-2 GENERAL PLAN CONFORMANCE 86-4
A request to dispose of surplus City property
Location: North of Ellis, west side of Gothard
A MOTION WAS MADE BY LIVENGOOD, SECOND BY MIRJAHANGIR TO
APPROVE WITH CHANGES THE MINUTES OF FEBRUARY 19, 1986 PLANNING
COMMISSION MEETING AND GENERAL PLAN CONFORMANCE 86-4 BY THE
FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter,
Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
B. ORAL COMMUNICATIONS AND COMMISSION ITEMS:
B-1 The Commission directed staff to advertise for a zone change
on the surplus property that the City is disposing of on the
west side of Gothard north of Ellis, if the underlying zoning
is not Ml.
B-2 A MOTION WAS MADE BY PORTER, SECOND BY ERSKINE THAT WRITTEN
NOTIFICATION BE GIVEN TO THE COMMISSIONERS BY STAFF IF AN
ALTERNATE ACTION IS RECOMMENDED BY STAFF TO THE CITY COUNCIL
IS CONTRARY TO THE PLANNING COMMISSION'S RECOMMENDATION, BY
THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter,
Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
B-3 A MOTION WAS MADE BY LIVENGOOD, SECOND BY MIRJAHANGIR FOR
STAFF TO SEND A COMMUNICATION TO THE REDEVELOPMENT
RECOMMENDING THAT ARCHITECTURAL GUIDELINES BE ESTABLISHED IN
ALL REDEVELOPMENT PROJECT AREAS, BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter,
Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
1
PC Minutes - 3/4/86 -2- (4397d)
C. PUBLIC HEARING ITEMS:
C-1 PROPOSED BOUNDARY OF THE BOLSA CHICA LINEAR PARK
Staff presented the proposed conceptual boundary of the Bolsa Chica
Linear Park to the Planning Commission at a public hearing on
February 19, 1986. The Planning Commission requested that a meeting
be held with representatives of the Commission, City Staff, Orange
County EMA, Huntington Beach Company and Amigos de Bolsa Chica.
This meeting was held on February 24, 1986.
Staff reviewed the planning goals for the Linear Park as stated in
the County's Bolsa Chica Linear Park Boundary Study prepared in 1985.
The Open Space and Conservation Plan designates a corridor on top of
the Mesa bluffs as a scenic corridor. A scenic corridor is defined
as a linear area protected from disharmonious development or
preserved in a natural state. The corridor may include scenic
roadways and open space greenbelts.
In 1979 the Planning Commission passed Resolution 1255 determining
that the proposed Bolsa Chica Linear Park was in conformance with
the City's General Plan. In 1979, the conceptual boundary shown was
smaller in size than the 120 acre linear currently proposed by staff.
In the late 1970's, when planning for the Bolsa Chica began, the
park was envisioned in a horseshoe -shaped configuration running
along the Huntington Mesa bluffs, the north side of the Bolsa Chica
and along the Bolsa Mesa blufs. Early plans indicated approximately
315 acres of wetlands to be restored. As planning efforts continued
into the 1980's the wetland acreage was increased from 400 to 600
acres. Expansion of the wetlands took away acreage from the linear
park.
Over the years various studies have shown the park size as ranging
from 70 to 194 acres. In 1982, the County prepared a parcel study
which depicted a series of five alternatives for the configuration
of the linear park. The alternative with the greatest acreage had a
western boundary at the zero contour line in the Bolsa Chica and an
eastern boundary along a proposed alignment of Edwards and 38th.
Street.
From 1982-1985, the County and Coastal Commission hammered out the
Bolsa Chica LCP. The plan certified in 1985 included 915 acres of
wetlands. The acreage and location of the wetlands in Bolsa Chica
has had a definite influence on the size and configuration of the
linear park.
Staff pointed to two areas within the proposed conceptual boundary
of the linear park where the width of the park became quite narrow
(20 feet) due to severe man-made or natural constraints. One area
is located at the northwest corner of the Edison Substation (Parcel
12). Another narrow area is located on Parcel 7 where the trail
PC Minutes - 3/4/86 -3- (4397d)
must pass between Seapoint Avenue and a drainage culvert. During
the preparation of the General Development Plan the County's
consultant will focus in on these areas and attempt to alleviate the
narrow condition.
Outside of these two isolated areas, the width of the linear park on
top of the bluff is a minimum of 100 feet. (In comparison, Beach
Boulevard is 120 feet wide.) Staff strongly feels that this width
is generous enough to accommodate the proposed trails, scenic
overlooks and staging areas as well as provide protection of the
bluff faces.
The Huntington Beach Company proposed a conceptual boundary of the
linear park which included approximately 113 acres of land. After
numerous meetings with staff, the Huntington Beach Company now
supports the larger park as proposed by staff.
After meetings with various interest groups and as a result of
public testimony an alternate resolution was submitted by
Commissioners Winchell and Rowe that provided more acreage for human
recreational uses than the current staff proposal. The park would
include 85 acres of land readily available and directly useable for
human recreation.
THE PUBLIC HEARING WAS OPENED
Lorraine Faber, Amigos de Bolsa Chica, spoke in support of the
alternate resolution. She felt that the new resolution itemized the
goals for the park.
Bill Holman, Huntington Beach Company, spoke in support of staff's
proposal. He stated that he was unable to respond to the new
resolution since he had just received a copy. He further stated
that the Huntington Beach Company could not be supportive to any
alternative that would be detrimental to the property surrounding
the park. He would like to see the General Development Plan started.
There were no other persons to speak for or against the proposal and
the Public Hearing was closed.
The alternate resolution was reviewed by the Commissioners. Some of
the concerns and remarks made were as follows: larger conceptual
boundaries should be set and then be prepared to settle for less,
the intent of the linear park should be determined before expanding
or reducing the boundaries, are there enough locations for the
ESHA's.
Commissioner Erskine supported the County's boundary indicating his
concern that the expansion of the wetlands during the years of
negotiations by the County with the Coastal Commission on the LCP
necessitated the reduction of the acreage for the Linear Park.
Staff was instructed to amend the map submitted with the alternate
resolution and it was also suggested that when the alternate is
presented to the City Council that a Planning Commission official be
present.
PC Minutes - 3/4/86 -4- (4397d)
A MOTION WAS MADE BY PORTER, SECOND BY ROWE TO APPROVE ALTERNATE
RESOLUTION 1353 WITH AMENDMENTS AND RECOMMEND IT TO THE CITY COUNCIL
BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Porter, Mirjahangir
NOES: Erskine
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-2 CODE AMENDMENT NO. 84-11 - SIG14 CODE
The Planning Commission and Development Services staff have worked
closely with the Huntington Beach Chamber of Commerce sign committee
as well as with local sign companies. Numerous study sessions and
other opportunities for public comment have been available, with
active participation by everyone (as outlined below). In addition,
a van tour of the City was conducted to further help both the
Planning Commissioners and Chamber members understand the reasons
behind proposed changes in sign regulations by noting specific
examples of signage existing within the City.
The Final Draft of the Sign Code is only slightly.modified as
compared to the draft presented at the Study Session on February 19,
1986. The following list identifies changes that have been
incorporated in the final draft.
PAGE TWO
1. Exposed neon conduit, tubing, or raceways have been listed as
approved by planned sign program rather than by special sign
permit. In addition, lit fascia panels have been included in
order to ensure that their use is not excessive and that some
trade-off is made in terms of total sign area allowed.
PAGE FIVE
2. In order to ensure that a minimum 7-1/2 foot clearance under
pole signs is maintained, heights of "bonus" signs have been
increased by one-half foot (15.5 feet versus 15 feet). As
well, the monument sign permitted for smaller lots (those with
up to 400 feet of frontage) have been tiered so that sign
height allowed is one foot greater (8 feet versus 7 feet) for
bonus signs.
3. The phrase, "Signs shall be completely located within a
landscaped planter" has been modified so that it is not as
vague. In the past, this wording has proved ambiguous. The
following wording hs been substituted: "Signs shall be located
in a landscaped planter which is a minimum of two feet wider
PC Minutes - 3/4/86 -5- (4397d)
than the sign itself." This provision will keep the sign in
proportion with the landscape planter in which it is placed and
will only really apply when an applicant is proposing a sign
within a minimum size planter, one that is perhaps just built
around an existing sign to bring it into conformance.
PAGE SIX
4. Service station monument signs have been brought in line with
other new sign provisions as discussed at the February 19 Study
Session. The permitted height has been reduced from ten feet
to eight feet.
PAGE SEVEN
5. Signs permitted for school and park uses have been modified as
directed by the Planning Commission. One freestanding sign
shall be permitted per site, while each individual -tenant or
use shall qualify for a small attached sign located on the wall
of their leased space.
PAGE EIGHT
6. Planned Sign Program provisions have�been.clarified to indicate
that the provisions of Section 9610.5 (the charts) shall be
used as a guide in the design of -a-program. The approval of a
program will provide some flexibility in the standards,
allowing additional square -footage or redistribution of sign
area in exchange for reducing -the total number of signs.
PAGE NINE ---
7. The language in the amortization section has been streamlined.
The provisions indicate that signs which are not in
conformance with the current sign code adopted in 1977 shall be
modified to conform with any -new sign -provisions adopted, but
that those signs -which are currently in conformance shall not
be required to be modified upon -adoption of new sign provisions.
PAGE FOURTEEN
8. The monument sign definition has been modified to explicitly
state that the base of a monument sign shall not be counted
towards the permitted sign area.
DIAGRAM A
9. The diagram has been modified to show a twenty foot interior
side yard setback for pole signs, while -the setback for
monument signs shall be as reviewed -by the Director, after
taking into account any adjacent signing. The intent is not to
normally require a setback if such placement will not impact
other adjacent uses or signs.
PC Minutes - 3/4/86 -6- (4397d)
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
There was no one present to speak for or against the proposal and
the Public Hearing was closed.
The Commission recommended the following changes:
Under Prohibited Signs, signs which no longer identified a bonafide
business shall e removed within 60 days; under Permitted Signs a
section to inc u e u1 ings located at intersections at public
streets.
A MOTION WAS MADE BY PORTER, SECOND BY WINCHELL, TO APPROVE CODE
AMENDMENT NO. 84-11 AS AMENDED AND RECOMMEND ADOPTION BY THE CITY
COUNCIL BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-3 APPEAL TO THE BOARD OF ZONING ADJUSTMENT'S DENIAL OF USE
PERMIT 86-2
Use Permit No. 86-2 is a request to sell beer
and wine in
conjunction with an existing drive-thru dairy
located just north of
Edinger on.the east side of Edwards. The Board
of Zoning
Adjustments reviewed and denied this request
on February 5, 1986
based on certain findings. Subsequently, the
applicant appealed the
Board's decision to the Planning Commision.
ENVIRONMENTAL STATUS:
The proposed project is exempt under Class 1,
Section 15301 of the
California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
Karin Gurwell, representing the owner, spoke in favor of the
proposed use permit. She stated that the Alcoholic Beverage
Commission has strict requirements and they carefully follow them
because they would never want to jeopardize their license.
Dale Cole, president of Cal VA Dairy, stated that he would rather
stay in the milk and dairy business but was very supportive of the
applicants and their proposed use permit.
PC Minutes - 3/4/86 -7- (4397d)
Florence Silverstein, homeowner in the neighborhood, spoke in
opposition to the proposal. She stated that there were already two
liquor stores in the area and that they did not need another.
Hua Do Sok (sp?), presented a petition and several letters submitted
by homeowners -in the area in opposition to the proposal.
Al Wood, homeowner in the neighborhood, spoke in opposition to the
proposal. He felt that a dairy should not sell liquor.
Ron Miller, spoke in opposition to the proposal. He stated that he
was against allowing anyone the opportunity to obtain liquor without
having to get out of their car.
There were no other persons to speak for or against the proposal and
the Public Hearing was closed.
A MOTION WAS MADE BY ERSKINE, SECOND BY WINCHELL, TO DENY THE APPEAL
AND UPHOLD THE BOARD OF ZONING ADJUSTMENTS DENIAL OF USE PERMIT 86-2
WITH FINDINGS BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
FINDINGS FOR DENIAL:
1. The proposed use permit to allow the sale of beer and wine in
conjunction with a drive-thru dairy is inconsistent with the
City's intent to prohibit beer and wine sales in conjunction
with drive-thru or drive -up uses.
2. The dairy site is nonconforming to the requirements of the
Zoning Code regarding landscaping and the drive-thru lane. The
sale of beer and wine would constitute an expansion of a
nonconforming use.
3. Granting of the use -permit would be detrimental to the
surrounding neighborhood.
C-4 CODE AMENDMENT NO. 85-23 - "R1 DISTRICT AND YARDS AND FENCING"
This item was continued from the meeting of February 4, 1985, in
order to have the code amendment considered on the,same agenda with
the proposed new definition -of building height.
PC Minutes - 3/4/86 -8- (4397d)
1
P�
On November 19, 1985, the Planning Commission directed staff to
review a modification to the zoning code that would permit a maximum
of two stories within the R1 zone. Code Amendment No. 85-23
incorporates this concern as part of a general clean-up of the R1
provisions. The clean-up is a continuing effort to rewrite Division
9 in a more readable and consistent manner. The change in title of
Chapter 91 to "Residential Districts" is necessary because the
reorganization of Division 9 will place all of the various
residential districts under this one chapter. "Low Density
Residential Districts" will no longer be an appropriate title. New
Article 911 (R1) is consistent in format, design, and numbering with
the code amendments already approved by the Planning Commission for
the three industrial districts and the Oldtown/Townlot District.
With respect to the change in provisions for permitted stories,
staff is recommending that the maximum be changed to twenty-five
feet and that two stories be the maximum allowed by right within the
R1 zone district. The current code provision requiring use permit
approval by the Board of zoning Adjustments for requests to increase
building height would be modified as discussed at the Planning
Commission meeting on February 4, 1986. The new provisions state
that when an applicant wants to build a third story and/or a maximum
of thirty feet, a conditional use permit would need to be approved
by the Planning Commission. The section of the new R1 provisions
related to building height is S. 9110.4, on page 3 and 4 of the
draft ordinance.
These provisions for regulating building height will ensure the
preservation of existing single family neighborhoods at no more than
twenty-five feet in height and two stories unless a public hearing
takes place, in which case surrounding property owners within a
300-foot radius will be notified and have the opportunity to voice
their opinions. It will also allow staff some discretion in their
recommendations on requested third stories. A staff analysis will
be based upon the particular site, the neighborhood in which it is
located, and the compatibility of the proposed design. In addition,
specific findings as outlined in Section 9110.4, would need to be
adopted by the Planning Commission prior to approval.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
There was no one to speak for or against the proposal and the Public
Hearing was closed.
Staff was instructed to get clarification of the Uniform Building
Code definition of type of roof, grade, and maximum 25 foot height.
This code amendment requires passage of Code Amendment 85-24
(Definitions section of Article 970, Division 9, governing building
heights) which has been continued until the March 18, 1986 Planning
Commission meeting.
PC Minutes - 3/4/86 -9- (4397d)
MOTION WAS MADE BY WINCHELL, SECOND BY MIRJAHANGIR TO CONTI,NUE CODE
AMENDMENT NO. 85-23 TO THE MARCH 18, 1986 MEETING BY THE FOLLOWING
VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-5 CODE AMENDMENT NO. 86-3
Code Amendment No. 86-3 was continued from the February 19, 1986
meeting. On July 16, 1986, the Planning Commission approved Code
Amendment No. 85-1. This code amendment established regulations for
installation of satellite dish antennas; however, due to the
restrictive nature of the ordinance and opposition from the
industry, no City Council action occurred.
The definition of satellite dish antenna has been changed to reflect
that used by the Satellite Television Association, Inc. (SPACE).
Other changes include additional installation and screening
requirements and a provision for multiple antennas on commercial or
industrial sites with adequate screening and setback. The proposed
code amendment contains regulations recommended by SPACE.
The Planning Commission may choose to include a provision for use
permit for those sites incapable of
receiving signals from an
antenna installed -pursuant to criteria.- Such permit then may be
issued upon a�showing by the applicant that installation at a height
greater than 15 feet or in another yard area is necessary for the
reception of usable satellite signals.
ENVIRONMENTAL STATUS:
The proposed code amendment is covered by Negative Declaration No.
85-13, adopted by the Planning Commission on July 16, 1985.
THE PUBLIC HEARING WAS OPENED
John Sinclair, 8431 Heron Circle, Huntington Beach, suggested that
new information, pertinent to this code amendment, was now available
from FCC, and should be obtained before the Commission made a
decision on the code.
There were no other persons present to speak for'or against the
proposal and the Public Hearing was closed.
The Commission felt that a provision should be made that would allow
a use permit to be obtained through the Board of Zoning Adjustments.
PC Minutes - 3/4/86 -10- (4397d)
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PORTER TO APPROVE CODE
AMENDMENT N0. 86-3 WITH ADDITIONS AND RECOMMEND ADOPTION BY THE CITY
COUNCIL BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-6 CODE AMENDMENT NO. 86-9
As part of the reorganization of Division 9, staff is recommending a
change in format and a change in location for the Definitions
section. Since the definitions apply generally to all of Division
9, their adoption as Article 908 at the beginning of the code with
the introductory articles is appropriate.
The format change concerns numbering. Previously, every time the
Planning Commission or City Council has wanted to modify a
definition, several pages of text would have to be printed; each
section number covered one letter of the alphabet. Proposed Code
Amendment No. 86-9 assigns a different section number to every
definition. In this way, individual definitions can be changed
easily. In addition, the numbering is set up so that there is room
to add up to nine new definitions between each existing definition
without difficulty (9080.1.1, 9080.1.2, etc.).
CONTENT CHANGES:
Many of the changes made do not alter the content of the
Definitions. Definitions for archaic terms no longer used in
Division 9 were dropped, i.e. "bungalow court." Standard
definitions used in other cities were incorporated. Most were not
changed, but simply streamlined.
Definitions that were significantly changed or added:
1. Antenna, satellite dish
2. Building Height (definition used is staff's recommendation from
Code Amendment No. 85-24).
3. Compensation
4. Lot Frontage (previously incorporated in draft ordinance for
Code Amendment No. 85-23, but now addressed here)
5. Front, side, rear lot lines
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6. Nontransferable conditional use permit (added in concert with
new Commercial Districts, Article 922, which lists adult
businesses, game arcades, fortune-telling, as non -transferable)
7. Setback lines; front, side, rear
8. Story (previously incorporated in draft ordinance for Code
Amendment No. 85-23 which lists a maximum of two stories in the
R1 District, but now addressed here)
9. Yard; front, rear, side
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
There was no one to speak for or against the proposal and the Public
Hearing was closed.
Staff was instructed to make changes regarding non -transferable
conditional use permits and to include the signs definition in this
code.
This code amendment requires passage of Code Amendment 85-24
(Definitions section of Article 970, Division 9, governing building
heights) which has been continued until the March 18, 1986 Planning
Commission meeting.
A MOTION WAS MADE BY WINCHELL, SECOND BY ERSKINE TO CONTINUE CODE
AMENDMENT NO. 86-9 TO THE MARCH 18, 1986 MEETING BY THE FOLLOWING
VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-7 CODE AMENDMENT NO. 85-24 - BUILDING HEIGHTS
On February 4, 1986, the Planning Commission continued Code
Amendment No. 85-24 to allow staff time to revise the definition of
building height to address concerns the Commission had regarding
natural and finish grade, the relationship of building site
elevation to street curb elevation and to adjacent properties. The
language provided in the definition addresses these concerns.
PC Minutes - 3/4/86 -12- (4397d)
A proposed department policy directive which will require submittal
of the grading plan, site plan and elevations at time of initial
j entitlement was presented. The grading plan shall include
elevations of adjacent properties and will clearly establish street
curb elevations by bench mark. This should tie down the reference
datum, and clearly depict the height of the proposed building.
The staff still supports the adoption of the Uniform Building Code
version in that the describing of the reference datum in the
definition of building height may not apply in each and every
situation where height may be of concern.
The review of site, grading and elevation plans during the
entitlement review process can more accurately and specifically
affix the reference datum and the height of the building as proposed
in the department policy directive.
The Planning Commission is also considering reduction in height and
stories of buildings in residential zones. The attached ordinance
and policy directive should complement the height amendments.
THE PUBLIC HEARING WAS OPENED
J. Scott Schoeffel, attorney for Chuck Reince, submitted a petition
signed by property owners against amending the existing zoning
ordinance in which building heights are measured. He requested that
this item be continued to allow these people to be present at the
next public hearing. He stated that he would be responsible for
notifying the concerned residents about the public hearing.
There were no other persons present to speak for or against the
proposal and the Public Hearing was closed.
A MOTION WAS MADE BY WINCHELL, SECOND BY PORTER TO CONTINUE CODE
AMENDMENT NO. 85-24 TO THE MARCH 18, 1986 PLANNING COMMISSION
MEETING BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-8 CODE AMENDMENT NO. 86-4
This item was continued from the meeting of February 19, 1986. Code
Amendment No. 86-4 proposes no changes in the overall content as
compared to the existing code.. It does, however, revise and
streamline some of the older and outdated text of Division 9. The
PC Minutes - 3/4/86 -13- (4397d)
provisions relate to the interpretation, application, and
enforcement of both the district maps and all zoning regulations
contained in Division 9. In particular, new Article 906 has been
revised to include a listing of all current zone districts,
overlays, and suffixes as well as their abbreviations.
ENVIRONMENTAL STATUS:
Code Amendment No. 86-4 is categorically excluded from the
provisions of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
There were no persons present to speak for or against the proposal
and the Public Hearing was closed.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PORTER TO APPROVE CODE
AMENDMENT NO. 86-4 AND RECOMMEND ADOPTION BY THE CITY COUNCIL BY THE
FOLLOWING VOTE:
AYES: Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher, Rowe (Out of Room)
ABSTAIN: None
MOTION PASSED
C-9 CODE AMENDMENT NO. 86-5
This item was continued from the meeting of February 19, 1986. Code
Amendment No. 86-5 revises existing parking provisions based on
staff analysis of problems with the current code, based on decisions
made by the Planning Commission over the course of the last year,
while at the same time reorganizing and streamlining the provisions.
The specific content changes (organized by draft ordinance page
numbers) are as follows:
PAGE ONE
1. Adds provision prohibiting the storage of inoperable vehicles
in regular parking lots.
2. Prohibits parking spaces within an integrated complex from
being designated for the exclusive use of any one tenant.
PAGE THREE
3. Modifies commercial aisle width to twenty-five feet rather than
twenty-seven feet and provides for reduced width of spaces
where designated for long-term employee parking.
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4. Changes existing provision requiring parking space width
increase of three additional feet where such space is adjacent
to a wall so that it only applies to sites with over five total
spaces. This change will avoid penalizing small residential
parcels where the existing provision makes it difficult or
impossible to provide required off-street parking.
5. Requires that compact spaces be labeled as such on pavement.
PAGE FOUR
6. Specifies minimum aisle width of twenty-four feet for drives
that do not have adjacent parking.
PArF FTVF.
7. Clarifies that when parking calculations add up to include a
fraction, that another full space is required.
8. Requires that the parking for automobile and other sales lots
be calculated on the basis of outdoor display area accessible
to the public. Current code requires parking based on gross
floor area of building. In cases where there is a very small
office on a large site, little or no customer or employee
parking is now required. The standard of one space per 1,000
square foot of public display area is identical to the
requirement of many cities.
PAGE SIX
9. Reduces standards for hair salons within a shopping complex to
match regular retail standards of 1 space per 200 square feet.
Where such a use is on its own parcel, the current standard of
2.5 spaces per station would apply. The current standard tends
to be overly restrictive for shopping centers.
10. Separates out food and beverage establishments with twelve
seats or less. These smaller establishments with take-out only
or limited seating capacity would only need to provide one
space per 200 square feet.
11. Requires that dance floors in conjunction with restaurant uses
maintain one space per fifty square feet of dance floor area.
This standard has been applied in the past by the Planning
Commission.
PAGE SEVEN
12. Clarifies provisions for offices ancilliary to industrial uses
such that offices which exceed 10% of the gross floor area are
required to provide additional parking at the office standard
of one space per 300 square feet.
PC Minutes - 3/4/86 -15- (4397d)
13. Clarifies Planning Commission decision on parking standards for
single story and multi -story mini -warehouse facilities: one
space per 5,000 square feet for single story buildings; one
space per 2,000 square feet for multi -story buildings. The
need to differentiate the two building designs was based on the
fact that in multi -story structures, there is no area
immediately in front of one's space in which to park
temporarily. A customer would always need to park and then
carry items to the upstairs storage unit.
14. Changes pre-schools and nursery schools to one space per staff
member, plus one space per six children. Existing code bases
parking on the number of classrooms, which is not a logical
basis for day care uses which may be a one room facility but
with many children.
PAGE EIGHT
15. Specifies parking requirement for service stations with
convenience markets. The eight required spaces had previously
been incorporated in the C2 standards.
PAGE NINE
16. Adds standards for loading facilities to ensure that trucks do
not impede safe access both on site or on adjacent streets and
to ensure buffering of such facilities when adjacent to
residential uses.
17. Modifies landscaping requirements so that larger sized trees
are required but the total number required is reduced. Rather
than one 15 gallon tree per twenty-five lineal feet of
streetside property line, the new requirement would be one 30
inch box tree per forty-five lineal feet of streetside
frontage. This change was recommended by the Parks and
Landscaping Division and is supported by Development Services.
PAGE TEN
18. Requires ten foot wide landscape planter be provided in
addition to extra three foot width required for outdoor display
lots in cases where a nonconforming use requests an expansion
and/or exterior modification.
THE PUBLIC HEARING WAS OPENED
There were no persons present to speak for or against the proposal
and the Public Hearing was closed.
The Commission had concerns involving the change regarding the
modification of commercial aisle widths. They preferred leaving the
aisle width at 27 feet.
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1
A MOTION WAS MADE BY PORTER, SECOND BY ERSKINE TO APPROVE CODE
AMENDMENT NO. 86-5 AS AMENDED AND RECOMMEND ADOPTION BY THE CITY
COUNCIL BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-10 CODE AMENDMENT NO. 86-6
This item was continued from the meeting of February 19, 1986. Code
Amendment No. 86-6 proposes little change to the substantive content
of the RA district standards. The proposed ordinance is part of the
general clean-up of Division 9. The provisions have been reworded
and reorganized to be in a format that will be consistent with all
of the other district regulations. The only change made in
provision relates to the maximum height of structures. The height
has been reduced from thirty feet to twenty-five feet to be in
accord with the proposed definition of building height. Existing
code already limits structures to a maximum of two stories and this
provision was not changed. After Planning Commission approval,
staff will schedule this ordinance before the City Council at the
same time as Code Amendment No. 85-24 revising the building height
definition.
The move in location from Article 960 to Article 910 places the
provisions at the beginning of the chapter of Residential Districts
as the lowest in density. The existing Al (Agriculture) District is
being repealed because there is no longer any such property within
the City zoned with this designation. Attached is the draft Table
of Contents for the Division 9 rewrite.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
There was no one present to speak for or against the proposal and
the Public Hearing was closed.
This code amendment requires passage of Code Amendment 85-24
(Definitions section of Article 970, Division 9, governing building
heights) which has been continued until the March 18, 1986 Planning
Commission meeting.
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-17-
(4397d)
A MOTION WAS MADE TO CONTINUE CODE AMENDMENT NO. 86-6 TO THE MARCH
18, 1986 PLANNING COMMISSION MEETING BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell,-Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-11 CODE AMENDMENT NO. 86-2
Code Amendment No. 86-2 was continued from the February 19, 1986
meeting and proposes to make all code sections pertaining to site
coverage consistent. Maximum site coverage as defined by Article
970 will be utilized in all zones and maximum amount allowed based
on net site area. Presently the method of determining site coverage
varies. It may be based on roofed structures, ground floor area,
all buildings, or based on gross acreage minus streets and drives.
ENVIRONMENTAL STATUS:
The proposed project is categorically excluded from the provisions
of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
There was no one present to speak for or against the proposal and
the Public Hearing was closed.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY MIRJAHANGIR TO APPROVE
CODE AMENDMENT NO. 86-2 AND RECOMMEND ADOPTION BY THE CITY COUNCIL
BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
C-12 CODE AMENDMENT NO. 86-8
Code Amendment No. 86-8 cleans up and consolidates several separate
articles and several miscellaneous sections located in various
places of the code. It also substantially revises entitlements for
specific uses as first discussed with Code Amendment No. 85-11,
Board of Zoning Adjustments. Briefly, other suggested changes
include new hotel/motel provisions by conditional use permit, the
elimination of the C3 zone of which there are few remaining since
the Downtown Specific Plan was adopted, the elimination of the -SS
(service station suffix) by adding a conditional use permit
requirement for service station uses subject to all -the same
standards that had been used as part of the -SS suffix.
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The consolidation of Cl, C2 and C4 provisions in one article
provides a comprehensive view of the major commercial districts
within the City. It aids in quick comparison of the differences in
these three districts for both staff and the public.
The specific content changes are outlined below:
1. Permitted Uses. The administrative review application has been
deleted. Permitted uses have been categorized as entitled by
staff approval (Plan Review), by Board of Zoning Adjustments
approval (Use Permit), or by Planning Commission approval
(Conditional Use Permit). The uses that had been
administrative reviews have either been delegated to staff or
have been "bumped up" as use permit or conditional use permit
requirements. For example, restaurants with a seating capacity
of over 12, auto sales agencies, and outside uses all had been
administrative reviews and are now use permits.
Car washes and mortuaries had been use permits and are now
conditional use permits. Hotels and motels had been
administrative reviews are now conditional use permits. One
use which had been by conditional use permit, game arcades, has
been dropped to use permit, but with all the same standards
currently in effect.
2. Minimum Parcel Size/Frontage. The minimums have been
increased, particularly so for motels and hotels which had been
9,000 square feet minimum lot size with a 70 foot width. The
intent of these new provisions is to help prevent undesirable,
inadequately designed uses from being located on small, narrow
parcels.
3. Maximum Building Height. The specific heights listed are
unchanged; however, the previously -allowed exception for
roof -mounted mechanical equipment to exceed such heights by
fourteen additional feet has been deleted. Mechanical
equipment should be screened by the architectural features of
the building itself (i.e. parapets, mansards) and these maximum
heights listed allow sufficient space in which to accomplish
this.
4. Setbacks. Hotel and motel standards have been increased to
fifteen feet for the front setback (15 feet of landscaping is
required under Section 9220.13). Other commercial uses remain
the same except that a new provision has been added for a use
permit requirement to allow a zero setback for a commercial use
abutting a residential zone provided the maximum height of the
building shall be limited to eighteen feet within 45 feet of
the common property line. This provision is in line with
recent staff -suggested variances for such requests in order to
eliminate an awkward and unusable ten foot wide area behind
commercial structures. The requirement for use permit approval
would ensure that surrounding residents would be notified and
able to voice their opinion however.
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5. Outside Uses - Storage and Display. These provisions have been
streamlined, with no content changes.
6. Game Arcades - Same standards as existing under Unclassified
Uses, bu fisted as requiring use permit approval by Board of
Zoning Adjustments and relocated here.
7. Dancing/Live �/Liv.e Entertainment. These provisions have been moved
'from Ene mis ceiianeouS provisions article and consolidated. No
content change has been incorporated.
8. Hotels/Motels. New standards for such uses are listed here
which work together with previously mentioned setback changes.
Some outdoor recreational amenity shall be required, whether it
be a pool or open space area, subject to approval by the
Planning Commission. No specific standard or minimum square
feet of amenity per room was incorporated because a survey of
surrounding Orange County cities showed that none had any such
requirement. It would be difficult to determine a specific
requirement. Additional landscaping (10% rather than 8%) and
15 foot width at streetside rather than 10 feet have been
incorporated. Finally, a maximum length of stay has been added
similar to provisions used in several cities to help prevent
the conversion of hotel/motel properties to long-term rentals.
9. Service Stations. Same provisions as existing in Article 948,
"-SS suffix", are incorporated however they have been rewritten
in a concise and readable manner. The prohibition against
alcohol sales has been relocated here from the Miscellaneous
Provisions. It had not been placed within the -SS standards
before, because it was unclear whether such a provision would
apply to service station sites without the -SS designation.
THE PUBLIC HEARING WAS OPENED
There was no one present to speak for or against the proposal and
the Public Hearing was closed.
The Commission suggested some revisions to the ordinance which
included: mortuaries and car washes should require use permits,
liquor stores should require conditional use permits; setback
requirements on parcels abutting a residential district; and in the
section addressing hotels/motels, a change providing a minimum of 1
day to transient occupancy.
A MOTION WAS MADE BY ERSKINE, SECOND BY PORTER TO APPROVE CODE
AMENDMENT NO. 86-8 WITH REVISIONS AND CHANGES AND RECOMMEND ADOPTION
BY THE CITY COUNCIL BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher .
ABSTAIN: None
MOTION PASSED
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D. ITEMS NOT FOR PUBLIC HEARING:
D-1 SITE PLAN REVIEW 86-1 AND SITE PLAN REVIEW 86-2
A request for the development of two single family dwellings on two
25-foot wide lots on the east side of 18th Street at Walnut. The
zoning designation is Downtown Specific Plan, District Two. The
specific plan permits residential uses in District Two subject to a
site plan review. Article 989 of the Huntington Beach Ordinance
Code provides for site plan reviews to be approved by the Planning
Commission.
ENVIRONMENTAL STATUS:
The proposed residential project is exempt from environmental review
because it is in conformance with the Downtown Specific Plan
Environmental Impact Report pursuant to Section 15182 of the
California Environmental Quality Act.
COASTAL STATUS:
The proposed project is categorically excluded from"the requirement
of a coastal development permit pursuant to Section 989.5.3.15(e) of
the Huntington Beach Ordinance Code.
A MOTION WAS MADE BY ERSKINE, SECOND BY PORTER TO APPROVE SITE PLAN
REVIEW 86-1 AND 86-2 WITH FINDINGS AND CONDITIONS BY THE FOLLOWING
VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL SITE PLAN REVIEW NO. 86-1 and 86-2:
1. The proposal for two single family residences will not have any
detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood
if redesigned in accord with the conditions below.
2. The proposed two single family residences will not adversely
affect the General Plan of Land Use. Single family dwellings
are a permitted use.
3. The proposed two single family residences are compatible with
other uses and proposed uses in the neighborhood.
4. The location, site layout, and design of the proposed
residential development properly orient the proposed structures
to streets, driveways, sunlight, wind, and other adjacent
structures and uses in a harmonious manner.
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5. Access to and parking for the proposed two single family
dwellings will not create any undue traffic problem.
CONDITIONS OF APPROVAL: SITE PLAN REVIEW NO. 86-1 AND 86-2:
1. The site plan and elevations and floor plans dated January 16,
1986 shall be revised to include the following modification:
a. The floor plans shall be modified to eliminate the rear
door that provides access to the stair case, subject to
providing some other exit as required by the Fire
Department.
2. A materials pallet shall be submitted for approval by the
Director of Development Services.
3. Any changes to the exterior elevations or materials
specification shall be subject to review and approval by the
Director of Development Services.
4. The project shall comply with all other applicable provisions
of the Huntington Beach Ordinance Code and building division.
D-2 WAIVER OF PORTION OF CONDITION NO. 17 OF CONDITIONAL USE
PERMIT NO. (CONDITION NO. 171
Casa Linda Development Corp. has requested that the Planning
Commission waive a portion of condition of approval No. 17 of
Conditional Use Permit No. 85-55. The Fire Department has indicated
that the proposed turn around located on -the south end of the
project is adequate for turning fire apparatus, therefore, they no
longer will require that a gate be located on the southeast corner
of the project as per condition No. 17.
Condition No. 17 would be modified from:
17. Security gates must be approved by the Fire Department and
installed in accordance with Fire Department Standard
#403. Also, gates shall be installed on the east side of
the complex for Fire Department access.
to now read:
17. Security gates must be approved by the Fire Department and
installed.in accordance with Fire Department Standard #403.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY ERSKINE TO APPROVE A
WAIVER OF A PORTION OF CONDITION NO. 17 OF CONDITIONAL USE PERMIT
NO. 85-55 BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher, Porter (Out of Room)
ABSTAIN: None
MOTION PASSED
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1
1.
D-3 WAIVER OF CONDITION OF APPROVAL NO. 1.E OF CONDITIONAL USE
PERMIT N -
Five Points Chevron Service Center has requested that the Planning
Commission waive condition of approval No. l.e of Conditional Use
Permit No. 84-36.
The four palm trees required in the condition were to be located at
the rear of the building. Prior to planting the trees, the
Clothestime Five Points Center was developed at zero setback at the
property line immediately south of the service station building.
This left a small no -mans -land between the service station building
and the new building to the south in which to plant the palm trees.
The Huntington Beach Park, Tree and Landscape Division of Public
Works stated that the palms would not serve the purpose that was
originally intended by condition le. Therefore, they recommended
that four 36-inch box pine trees be planted at a more appropriate
location which would be readily visible.
The problems identified by the applicant regarding drainage and the
relocation of four compressor units as well as the lack of
visibility of the required palm trees were verified in the field by
Public Works.
Condition No. le would be modified from:
#le. Landscaping shall be provided to the rear of the building
to include some large palm trees that will be visible
over the roof of the building.
to now read:
#le. Four 36-inch box pine trees shall be planted at an
appropriate location which will be readily visible.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY WINCHELL TO APPROVE WAIVER
OF CONDITION 1.E OF CONDITIONAL USE PERMIT NO. 84-36 BY THE
FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Mirjahangir
NOES: None
ABSENT: Schumacher, Porter (Out of Room)
ABSTAIN: None
MOTION PASSED
D-4 MAIN/TENTH STREETS SURVEY
At the direction of the Planning Commission and City Council, staff
conducted a survey of residential uses within the Main -Tenth Streets
area. The properties are zoned R1 and R21 general planned Low
Density Residential, and developed with both single family dwellings
and multiple dwellings.
PC Minutes - 3/4/86 -23- (4397d)
A recommendation by staff to establish a moratorium on the issuance
of building permits in this area was not granted by the City
Council. Staff had proposed the moratorium so that no new
construction would occur prior to the completion of staff's analysis
of the area.
A survey completed by staff indicates that many properties in the
area are developed with multiple units. Downzoning the R2
properties would further the nonconforming uses in the area.
The parking generated by multiple dwelling units is a major concern
to many area residents. Current zoning regulations now require all
parking on -site. Any off -site parking in the area would be
available for use by all area residents and guests. Staff believes
that development in the area can be proposed in compliance with City
regulations.
THIS ITEM WAS CONTINUED TO ALLOW STAFF TIME TO FURTHER RESEARCH THIS
AREA SO THAT THE RESIDENTS AND THE VALUES OF THE PROPERTY IN THE
NEIGHBORHOOD WILL BE PROTECTED.
D-5 DENSITY CALCULATIONS
A request to consider a code amendment to round density to the
nearest whole number.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY ERSKINE TO APPROVE THE
CONSIDERATION OF A CODE AMENDMENT AFTER STAFF PREPARES A REPORT ON
THE INPUT RECEIVED FROM THE BOARD OF REALTORS BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Erskine, Porter,
Mirjahangir
NOES: None
ABSENT: Schumacher
ABSTAIN: None
MOTION PASSED
E. DISCUSSION ITEMS:
E-1 Letter to the Commission from Mr. and Mrs. Dan Lucero regarding
the improvement of the drainage system in the area of 17th.
Street and Acacia in Huntington Beach.
Staff has discussed the letter with Public Works. Public Works
stated that they have no immediate plans to improve the
drainage system in that area. Staff will respond to the letter.
F. PENDING ITEMS:
Updated list attached for the Commission's review.
PC Minutes - 3/4/86 -24- (4397d)
G. PLANNING COMMISSION ITEMS:
Deadline for getting items on the agenda for the Planning
Workshop is March 12th.
Commissioner Porter requested that staff obtain a copy of the
Public Works Regulations on the installation of traffic signal
boxes.
H. DEVELOPMENT SERVICES ITEMS:
A copy of the White Hole report was distributed to each
Commissioner. It will be ready for discussion in approximately
one month.
A code amendment regarding non -conforming buildings is
scheduled for a Planning Commission public hearing on March 18,
1986.
I: ADJOURNMENT:
The meeting was adjourned at 11:35 to the March 15,.1986
Planning Commission Study Session at the End of the Pier
Restaurant at 8:00 AM and to the next scheduled Planning
Commission meeting on March 18, 1986.
Tom Livengo d, Ch rma
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