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HomeMy WebLinkAbout1986-09-16APPROVED 10/7/86 MINUTES HUNTINGTON BEACH PLANNING COMMISSION September 16, 1986 - 5:30 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE WELCOME BY CHAIRMAN LIVENGOOD TO NEW COMMISSIONER, KENT PIERCE, WHO WILL BE REPLACING JEAN SCHUMACHER. P P P P P P ROLL CALL: Rowe, Winchell, Pierce, Livengood, Erskine, Porter, P Mirjahangir A. CONSENT CALENDAR: A-1 Minutes of August 26, 1986 Planning Commission Meeting MOTION MADE BY ERSKINE, SECOND BY ROWE, TO APPROVE MINUTES OF AUGUST 26, 1986 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: None ABSTAIN: Pierce MOTION PASSED A-2 Minutes of September 3, 1986 Planning Commission Meeting MOTION MADE BY ERSKINE, SECOND BY ROWE, TO APPROVE MINUTES OF SEPTEMBER 3, 1986 PLANNING COMMISSION MEETING, AS AMENDED, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Livengood, Erskine, Mirjahangir NOES: None ABSENT: None ABSTAIN: Porter, Pierce MOTION PASSED i A-3 Minutes of September 9, 1986 Planning Commission Meeting MOTION MADE BY ERSKINE, SECOND BY ROWE, TO APPROVE MINUTES OF SEPTEMBER 9, 1986 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Livengood, Erskine, NOES: None ABSENT: None ABSTAIN: Porter, Mirjahangir, Pierce MOTION PASSED B. ORAL COMMUNICATIONS AND COMMISSION ITEMS: B-1 REPLACEMENT OF REPRESENTATIVE FROM THE PLANNING COMMISSION AT CITY COUNCIL MEETING REGARDING ANGUS PETROLEUM A MOTION WAS MADE BY WINCHELL, SECOND BY ERSKINE, TO APPOINT COMMISSIONER PORTER AS THE PLANNING COMMISSION REPRESENTATIVE AT THE CITY COUNCIL MEETING ON OCTOBER 6, 1986 ON THE ANGUS PETROLEUM PROJECT, WITH CHAIRMAN LIVENGOOD AS THE ALTERNATE, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Pierce, Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 NEW PLANNING COMMISSION VICE CHAIRMAN A MOTION WAS MADE BY LIVENGOOD, SECOND BY ROWE, TO NOMINATE AND ELECT COMMISSIONER PORTER AS VICE CHAIRMAN OF THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Pierce, Livengood, Erskine, Mirjahangir NOES: None ABSENT: None ABSTAIN: Porter MOTION PASSED n PC Minutes - 9/16/86 -2- (6307d) Ll B-3 RESOLUTION, PLAQUE AND PRESENTATION TO JEAN SCHUMACHER A MOTION WAS MADE BY PORTER, SECOND BY WINCHELL, TO PREPARE RESOLUTION AND HAVE A PLAQUE MADE UP AND PRESENTED TO JEAN SCHUMACHER AT THE NEXT SCHEDULED PLANNING COMMISSON MEETING YEARS OF DEDICATION AND SERVICE, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Pierce, Livengood, Erskine, Mirjahangir, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-4 STATE WIDE INVESTORS INC. A FOR 6 Presentation to be made by the State Wide Investors Inc. regarding the Ascon Landfill project will be delayed until another scheduled Planning Commission meeting due to the length of tonight's agenda. B-5 APPEAL OF USE PERMIT 86-61 Chairman Livengood expressed his concerns regarding Use Permit No. 86-61, a 2,500 square foot oil exchange station located at the southwest corner of Brookhurst and Adams, that had been acted on at a previous Board of Zoning Adjustment's meeting. Due to the number of objections expressed during the meeting by adjacent neighbors and the closeness of the Board of Zoning Adjustment's vote, he asked staff if they felt an appeal was in order. Staff informed Chairman Livengood that an appeal had already been filed by Mayor Mandic. Chairman Livengood's stated that his concerns were satisfied. B-6 MOODY CIRCLE SUBCOMMITTEE Staff was directed to schedule a subcommittee meeting within the next 5 to 6 days on the Moody Circle issue. Commissioners Erskine and Livengood will represent the Planning Commission at the meeting. PC Minutes - 9/16/86 -3- (6307d) C. PUBLIC HEARING ITEMS: C-1 TENTATIVE TRACT 12863 AND CONDITIONAL USE PERMIT NO. 86-35 APPLICANT: SAND DOLLAR DEVELOPMENT Tentative Tract 12863 is a request to subdivide a 15.8 acre site into 73 lots with private streets at the southeast corner of Magnolia Street and Atlanta Avenue. Single family homes will be developed on 71 lots in a two -phased process; 61 homes in Phase I, 10 in Phase II. The remaining two lots will be retained by the Laguna Beach County Water District. Conditional Use Permit No. 86-35 is a request to allow an average building height of up to 30 feet in order to compensate for this loss in allowable building height. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Development Services posted draft Negative Declaration No. 86-40 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued Prior to any action on Tentative Tract 12863 and Conditional Use Permit No. 86-35, it is necessary for the Planning Commission to review and act on Negative Declaration No. 86-40. THE PUBLIC HEARING WAS OPENED Ron Pattinson, representing Sand Dollar Development, spoke in support of the project and was available to answer any questions. Randy Blanchard, President - Sand Dollar Development, spoke in support of the project. There were no other persons present to speak for or against the project and the public hearing was closed. It was suggested that a finding be added regarding the granting of the conditional use permit for an increased building height due to the elevated grade necessary for floodproofing purposes. A MOTION WAS MADE BY PORTER, SECOND BY ERSKINE, TO APPROVE TENTATIVE TRACT 12863, CONDITIONAL USE PERMIT NO. 86-35 AND NEGATIVE DECLARATION 86-40, WITH ADDED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Mirjahangir NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Pierce, Livengood, Erskine, Porter, PC Minutes - 9/16/86 -4- (6307d) 1 FINDINGS FOR APPROVAL - TENTATIVE TRACT 12863: 1. The proposed subdivision of this 15.8 acre site into 73 lots conforms to the R1 zoning requirements. Each lot is greater than 6,000 square feet in size and generally rectangular in shape. 2. The proposed 73 lot subdivision is consistent with the objectives and policies of the General Plan. Single family homes will be developed within the subdivision which is consistent with the General Plan Land Use Map designation of Low Density Residential. 3. The site is physically suitable for the proposed density and type of development. Proposed density is 4.2 units per gross acre and will more than adequately accommodate single family residential development. The import of fill material will raise the habitable floor area above the minimum flood level requirements. The site is bounded by Magnolia Street to the west and Atlanta Avenue to the north for vehicle access. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 86-35: 1. The proposed building height up to 29 feet 6 inches will not be detrimental to the general health, welfare, safety and convenience of persons residing or working in the neighborhood, or to the value of the property and improvements in the neighborhood. The property is bounded by Magnolia Street and Atlanta Avenue to the west and north which are 100 feet right of ways; a 150 foot wide flood control channel to the east; and a field for Edison High School to the south. Development on the lots will conform with all other provisions of the R1 zoning code. 2. The conditional use permit for building height will be compatible with existing and proposed uses in the vicinity. Along with the setbacks outlined in condition #1, an additional 10-15 foot landscape buffer will be provided on the subject site along both street frontages. Also, there are two-story homes to the north and west. 3. The granting of the conditional use permit is consistent with the goals and policies of the General Plan. 4. Granting of the conditional use permit for an increased building height is necessary to accommodate a split-level, two-story residence on property which has a required elevated grade for floodproofing purposes. PC Minutes - 9/16/86 -5- (6307d) CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP 12863: 1. A revised tentative tract and plot plan layout shall be submitted depicting the modifications described herein: a. A minimum 10 foot wide landscape buffer along Magnolia as part of Phase II. b. A minimum 5 foot wide landscaped buffer (slope or terraced) along the west side of lots 13, 38 and 61 and the east side of lots 49, 50, 62 and 69. 2. A detailed landscape and irrigation plan shall be submitted for review and approval by the Department of Development Services prior to the issuance of any building permits for all commonly owned areas. a. The landscaped slopes along Magnolia and Atlanta and on interior streets should be designated as slope easements and incorporated into the street right-of-way. The responsibility to be upon the homeowners association to maintain and addressed in the CC&R's. Proper agreements shall be consumated between the City and the developer to maintain the landscaping in public streets. b. Special treatment of periphery walls on Magnolia and Atlanta to include undulation and movement in the wall with cut out areas for additional landscaping. The wall shall be constructed and treated (plaster) so as to match the mediterrean architecture. c. The Phase II site shall be planted with grass and automatically irrigated. The applicant shall be responsible for on going maintenance of the site. A landscape easement shall be obtained from the property owner by the applicant prior to occupancy of first house. 3. Design of gated entryway must be approved by Public Works Department and Development Services Department. a. Adequate parking and/or separate drive -through lane for guests shall be provided to eliminate vehicle traffic conflict between homeowners and visitors at entryway. b. "Statement Architecture" should be incorporated into the main entry gate area to highlight the theme of the development. 4. Bike lane on Magnolia shall be incorporated into street design to satisfaction of Public Works. 5. Access rights to Magnolia and Atlanta shall be dedicated to the City. PC Minutes - 9/16/86 -6- (6307d) 6. Street improvements and landscaping on Magnolia and Atlanta shall be constructed to the satisfaction of Public Works Department in concurrence with the development of Phase I. 7. Install and dedicate water system in interior streets to satisfaction of Public Works Department. 8. Private streets to be designed and constructed to city standards and maintained by the Homeowner's Association. 9. Provide geotechnical studies, soils reports and grading plan in accordance with city code prior to recordation of final map. 10. Treatment of filled area adjacent to flood control channel to be approved by city and Orange County Environmental Management Agency. 11. Complete street improvements and flood control bridge improvements as required on south side of Atlanta Avenue to satisfaction of Public Works Department and Orange County Environmental Management Agency. 12. A 24 foot wide paved road shall be provided from "D" Street tc Magnolia Street (through Phase II) for emergency access and shall be reviewed and approved by the Public Works Department, Fire Department, and Development Services Department. 13. On -site sewer shall be a private system and maintained by the homeowner's association. 14. Hydrology and drainage shall be approved by Public Works Department. If the calculated flow exceeds the pipe capacity, then an on -site retention facility must be provided. 15. All drainage on the property must drain to the street not to the flood control channel. 16. The medians at the entry must provide a minimum 24' travel lanes or be removed. A minimum 17' x 45' turning radius must be provided for turns. 17. All security gates or gate systems for access must comply with Fire Department Standard 403. 18. Fire hydrants must be installed within 300' of travel of all buildings. Fire flow (3500 sq. ft. building) will be approximately 2,000 gallons per minute minimum. 19. All weather surfaced roads and fire hydrants are to be installed prior to combustible construction. 20. All structures exceeding 3,500 sq. ft. must have noncombustible roofs. PC Minutes - 9/16/86 -7- (6307d) 21. The surface of the private streets must support fire equipment. 22. Roads must be constructed prior to combustible construction. 23. All utilities shall be installed underground at the time of development. 24. A copy of the recorded final tract map shall be filed with the Department of Development Services and Public Works. 25. A truck route shall be established to be reviewed and approved by the Development Services Department and Public Works Department that addresses number of trucks, truck route, dust control, etc. a. Truck deliveries shall be limited to Monday through Friday, only, between 7:00 AM and 8:00 PM. 26. Single family residential development of each lot must conform to all provisions of the Huntington Beach Ordinance Code except as noted under the conditional use permit. 27. Covenants, conditions and restrictions to establish a homeowners association and to include the conditions herein shall be submitted for review and approval by the Development Services Department and City Attorney prior to recordation of the final map. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 86-35: 1. The elevations dated August 29, 1986, shall be the approved height. 2. Roof peak shall not extend more than 5 feet above average roof pitch. 3. 25% of the homes must have at least one minimum 10 foot side yard set back. 4. All periphery walls are to be constructed concurrently with Phase I. C-2 CODE AMENDMENT NO. 86-27 APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 86-27 is being processed as a result of Planning Commission direction on June 3, 1986, to amend Section 9110.3 related to provisions for second unit additions in single family homes. At that meeting, staff presented several issues of concern and identified changes that could be made in the code for second unit additions. Staff was directed to incorporate one item in a code amendment, that of prohibiting the separate exterior entrance to the second unit. PC Minutes - 9/16/86 -8- (6307d) 1 ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. THE PUBLIC HEARING WAS OPENED Kirk Kirkland, President - Board of Realtors, spoke in opposition to the code amendment. He urged the Commission to deny the code amendment because he feels the current code that states that "entrance to the second unit shall not be visible from the street" adequately preserves the integrity of the neighborhood without unduly infringing upon the living conditions of the property owners. He feels that there is no justification for the elimination of a private entrance if that is the desire of the property owners. He further stated that a code amendment may affect the resident's safety and would be an intrusion into private citizen's lifestyles. There were no other persons to speak for or against the code amendment and the public hearing was closed. The Commissioners discussed their original intent of this code amendment which was to protect the integrity of R1 neighborhoods. It was intended to remodel the code so that when granny units were added to residential property that they would remain connected to the main house and not become separate rental units. It was suggested that the fire codes be checked to see what restrictions could be made and how many exit doors and emergency exit doors a residence needs to comply to code. Staff was also directed to work with the City Attorney's office on modifying the proposed code amendment to provide for secondary entrances into the added units. A MOTION WAS MADE BY WINCHELL, SECOND BY MIRJAHANGIR, TO CONTINUE CODE AMENDMENT NO. 86-27 TO THE OCTOBER 21, 1986 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Pierce, Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 9/16/86 -9- (6307d) C-3 PRECISE PLAN OF STREET ALIGNMENT 86-1 APPLICANT: CITY OF HUNTINGTON BEACH Precise Plan of Street Alignment 86-1 is a request for the adoption of a precise alignment of: A) Walnut Avenue between Sixth Street and Lake Street; B) deleted; C) Sixth Street between Pacific Coast Highway and Orange Avenue; D) Sixth Street between Orange Avenue and Lake Street; E) Orange Avenue between Sixth Street and Third Street; and F) Lake Street between Atlanta Avenue and Pacific Coast Highway, by the adoption of Resolution No. 1360. On August The City Council adopted Circulation Element Amendment No. 84-1 on June 4, 1984, establishing the general alignments of A) Walnut Avenue between Sixth Street and Lake Street; B) Walnut Avenue between Lake Street and Beach Boulevard; C) Sixth Street between Pacific Coast Highway and Orange Avenue; D) Sixth Street between Orange Avenue and Lake Street; and E) Orange Avenue between Sixth Street and Third Street. These Circulation Element amendment items were in response to the circulation section of the Downtown Specific Plan. The Precise Plan of Street Alignment is intended to establish the precise alignments of these adopted arterials. The precise alignments are the first step in implementing those arterial extensions, realignments and reclassifications which were adopted by Circulation Element Amendment No. 84-1. Those arterials were previously analyzed in Circulation Element Amendment No. 84-1 in terms of existing and proposed circulation patterns and traffic volumes, impact on existing and planned land uses and consistency with adopted goals, policies and plans. ENVIRONMENTAL STATUS: The environmental impact of the proposed realignment was previously assessed at the time of Circulation Element Amendment No. 84-1. Negative Declaration No. 84-14 was adopted by the City Council on June 4, 1984. No additional environmental assessment is necessary. THE PUBLIC HEARING WAS OPENED Guy Guzzardo, 515 Walnut Avenue, stated his concerns regarding the historical buildings involved in the street alignment. He supports the proposed plans. He asked if one-way streets had been considered. Susan Worthy, spoke in support of the concept of the precise plan of street alignment although she is disappointed that one-way circulation plans had not be included. She requested that one-way streets be studied in order to eliminate congestion. Douglas Langevin, 8196 Pantucket Drive, spoke against the precise plan of street alignment. He feels that the other phases of redevelopment should be completed before this plan is implemented. PC Minutes - 9/16/86 -10- (6307d) I. 11 L Cole Emerson, 306 6th. Street, asked several questions regarding the street alignment. He asked whether any demolition of buildings had been proposed, were any provisions being made for lost parking spaces and he didn't understand what recycle meant. Kirk Kirkland, President - Board of Realtors, spoke in support of the street alignment. He urged the Commission to approve the plan and recommend approval to the City Council. Larry Washa, President - Chamber of Commerce, spoke in support of the street alignment. He feels that a decision was needed immediately so that further planning could commence. John Barnackin, expressed his concerns regarding the Walnut extension because his property is located on Lake Street, right in the middle of the extension. He is finding it hard to set a value on his property. He feels that the street alignment will only benefit the developers not the property owners. Robert Trook, 501 6th. Street, spoke in support of the street alignment. He strongly supports redevelopment. Loretta Wolfe, 411 6th. Street, spoke in opposition to the street alignment. She feels the residential parking will be destroyed. Sheila Blanchard, 21462 Pacific Coast Highway #258, expressed her concern that the Public Hearing had begun before 6:30 PM, as scheduled. She had several questions regarding the street alignment. There were no other persons present to speak for or against the street alignment and the public hearing was closed. Staff answered questions asked by the public. There is presently no demolition proposed for Phase I of the redevelopment plan. There will be approximately 58 parking spaces eliminated. If there are homes located in the middle of street extensions the homes will be relocated or aquisition offers will be made. The Commissioners reviewed the precise plan of street alignment and stated their concerns which included: bus routes on Main Street, Lake Street, 6th. Street and Orange Street; projected traffic volumes; where will projected traffic end at; what will happen to a home in the middle of a street extension; widening involving an oil production site. The Commission feels that these concerns should be used as reference when considering future projects. Commissioner Rowe stated that this street alignment will impact the entire City of Huntington Beach, not just a small circle in the downtown area. He further stated that downtown development will impact every entity in the City. Changes were suggested for Resolution #1360 by the Commission and Staff was directed to immediately implement a study on the impact of the Precise Plan of Street Alignment on existing bus routes on Sixth Street, Lake Street and Orange Avenue. PC Minutes - 9/16/86 -11- (6307d) A MOTION WAS MADE BY PORTER, SECOND BY PIERCE, TO APPROVE PRECISE PLAN OF STREET ALIGNMENT 86-1 BY ADOPTING RESOLUTION NO. 1360 WITH AMENDMENTS, AND TO DIRECT STAFF TO IMPLEMENT A STUDY OF THE IMPACTS ON THE PRECISE PLAN OF STREET ALIGNMENT ON EXISTING BUS ROUTES ON SIXTH STREET, LAKE STREET AND ORANGE AVENUE, BY THE FOLLOWING VOTE: AYES: Winchell, Pierce, Livengood, Porter, Erskine, Mirjahangir NOES: Rowe ABSENT: None ABSTAIN: None MOTION PASSED RESOLUTION NO. 1360 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH RECOMME14DING ADOPTION OF PRECISE PLAN OF STREET ALIGNMENT NO. 86-1 ALIGNING WALNUT AVENUE BETWEEN SIXTH STREET AND LAKE STREET; SIXTH STREET BETWEEN PACIFIC COAST HIGHWAY AND ORANGE AVENUE; SIXTH STREET BETWEEN ORANGE AVENUE AND LAKE STREET; ORANGE AVENUE BETWEEN SIXTH STREET AND THIRD STREET; AND LAKE STREET BETWEEN ATLANTA AVENUE AND PACIFIC COAST HIGHWAY WHEREAS, Planning Commission duly given, held a Alignment No. 86-1; pursuant to the California Government of the City of Huntington Beach, public hearing to consider Precise and after Plan Code, the notice of Street WHEREAS, the Planning Commission finds that said Precise Plan of Street Alignment No. 86-1 is reasonably necessary to the orderly and efficient flow of traffic, for the preservation of the health and safety of the inhabitants of the City, and for the orderly development of the community, and WHEREAS, the Planning Commission recognizes the concerns of residents over preservation of significant historical structures and the impact of traffic and development in the downtown area. NOW, THEREFORE, the Planning Commission of the City of Huntington Beach does resolve as follows: SECTION 1. District Map 12 (Sectional District Map 11-6-11), marked Exhibit A, and District Map 16 (Sectional District Map 14-6-11), marked Exhibit B, attached hereto and incorporated herein by reference, are hereby amended to include Precise Plan of Street Alignment No. 86-1, to effect the precise alignment of: A) Walnut Avenue between Sixth Street and Lake Street; C) Sixth Street between Pacific Coast Highway and Orange Avenue; PC Minutes - 9/16/86 -12- (6307d) 1 Ll RESOLUTION 1360 (CONTINUED) D) Sixth Street between Orange Avenue and Lake Street; and E) Orange Avenue between Sixth Street and Third Street. F) Lake Street between Atlanta Avenue and Pacific Coast Highway. SECTION 2. The real property designated as Precise Plan of Street Alignment No. 86-1 is more particularly described in Exhibit C, attached hereto and incorporated herein by reference. SECTION 3. Exhibits D, E and F depict interim street sections which shall be utilized for the construction of Walnut Avenue, Orange Avenue and Sixth Street until such time as development requires ultimate right-of-way sections. SECTION 4. Exhibit G depicts a proposed alignment of Walnut Avenue to be utilized at the intersection of Sixth Street and Walnut Avenue as long as the existing buildings remain in their present locations. SECTION 5. The intersection of Orange Avenue and Sixth Street shall be designed incorporating appropriate measures to limit and discourage vehicular travel on Orange Avenue north-westward from the downtown area into the townlot area. SECTION 6. To approve Resolution No. 1360 and recommend adoption by the City Council of the City of Huntington Beach, California. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting thereof held on the 16th. day of September, 1986 by the following roll call vote: AYES: WINCHELL, NOES: ROWE ABSENT: NONE ABSTAIN: NONE PIERCE, LIVENGOOD, PORTER, ERSKINE, MIRJAHANGIR PC Minutes - 9/16/86 -13- (6307d) C-4 LAND USE ELEMENT AMENDMENT NO. 86-3/ENVIRONMENTAL IMPACT REPORT NO. 86-2/ZONE CHA14GE NO. 86-21 APPLICANT: M. D. JANES COMPANY, INC. OWNER: A. C. MARION Land Use Element Amendment No. 86-3/Environmental Impact Report No. 86-2/Zone Change No. 86-21 is a request for an amendment to redesignate 10.1 acres located on the northwest corner of Ellis Avenue and Goldenwest Street from General Commercial to Medium Density Residential. Zone Change 86-21 has been filed to be processed concurrently with the amendment request. ENVIRONMENTAL STATUS: Land Use Element Amendment No. 86-3 was prepared in conjunction with, and covered by, Environmental Impact Report No. 86-2. THE PUBLIC HEARING WAS OPENED A. C. Marion, property owner, spoke in support of the project. He stated that he has been trying to develop his property to the satisfaction of the City and surrounding properties for the last 8 years. Geri Ortega, spoke in opposition to the project because she feels it is not compatible to the park and surrounding area. She feels that the project is too close to the adjacent equestrian property. She would like to see a fair market value placed on the property and then purchased by the City. Norma Vander Molen, spoke in opposition to the rezoning of this property. She feels that the rezoning would interfere with Central Park. She would like to see the City buy this land. Mary Bell, Equestrian Trails, spoke in opposition to the zone change because she feels it is not compatible with the park and the adjacent equestrian property. Lorraine Faber, Amigos De Bolsa Chica, spoke in opposition to the zone change. She feels that the property should have compatible zoning to the park. She encourages the City to work something out with the property owner. George Alvarez, Janes Company, stated that the property should belong to the City and incorporated into the park, however the City has told him that this is impossible. He feels that zoning the property Residential would be more compatible than commercial. Tom Harman, Huntington Beach Tomorrow, urged the City to purchase this property from the property owner. His group, Huntington Beach . Tomorrow, believes in slow growth, which means low density. PC Minutes - 9/16/86 -14- (6307d) A. C. Marion, property owner, restated his position. He further stated that he does not believe that his proposed residential development would interfere with the existing equestrian property. There were no other persons present to speak for or against the zone change and the public hearing was closed. The Commissioners agreed that the proposed zoning would not be compatible with the park and that there would not be continuity with the adjacent properties. They felt that the City Council should take immediate measures for acquisition of the property and if they can't acquire it to reach a development agreement and make a zone change. They also felt that a further explanation was necessary in the environmental impact report explaining the methodology used for determining the fiscal impact. A MOTION WAS MADE BY PORTER, SECOND BY MIRJAHANGIR, TO APPROVE ENVIRONMENTAL IMPACT REPORT NO. 86-21 AS AMENDED (FURTHER EXPLANATION REGARDING THE METHODOLOGY USED FOR DETERMINING THE FISCAL IMPACT), BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Livengood, Porter, Erskine, Mirjahangir, Pierce NOES: None ABSENT: None ABSTAIN: None MOTION PASSED ON MOTION BY WINCHELL AND SECOND BY ROWE, LAND USE ELEMENT AMENDMENT 86-3 AND ZONE CHANGE 86-21 WAS DENIED WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Livengood, Porter, Erskine, Mirjahangir NOES: Pierce ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL: 1. The subject property was originally changed from Open Space to General Commercial in order to develop an equestrian oriented commercial use which would compliment the equestrian uses adjacent to the subject property in Central Park. Medium Density Residential on the subject property is contrary to the City's intent for the property. 2. Medium Density Residential is incompatible with Central Park which lies to the north, west and east of the property, and the Ellis-Goldenwest Estate residential area which lies south of the property. PC Minutes - 9/16/86 -15- (6307d) 3. Medium Density Residential is inconsistent with the Ellis-Goldenwest study for the Specific Plan area to the south. 4. An overall development plan for the Ellis-Goldenwest Specific Plan area should be approved prior to considering a Land Use Element Amendment on the subject property. Additionally, the Ellis-Goldenwest planning area should be expanded to include the subject property as well as the entire Holly property. 5. The 10.1 acre site would encroach within 300 feet of an existing permanent equestrian facility. This is in direct conflict with Section 9382.7 of the Ordinance Code. A MOTION WAS MADE BY ERSKINE, SECOND BY PORTER, TO REQUEST THE CITY COUNCIL TO, WITHIN 90 DAYS, TAKE IMMEDIATE MEASURES FOR ACQUISITION OF THE A. C. MARION PROPERTY (THE ACQUISITION TO BE COMPLETED WITHIN A ONE YEAR PERIOD). IF THEY CANNOT ACQUIRE THE PROPERTY THE CITY SHOULD PREPARE A ZONE CHANGE FOR THE PROPERTY THAT WILL BE COMPATIBLE WITH THE SURROUNDING AREA. THE VOTE WAS AS FOLLOWS: AYES: Rowe, Winchell, Mirjahangir NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Pierce, Livengood, Erskine, Porter, C-5 CODE AMENDMENT NO. 86-10 APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No.'86-10 is a request to rewrite the nonconforming provisions of the code, renumber the article as Article 965, and modify provisions governing the reconstruction of nonconforming structures. After much discussion at several public hearings, the Planning Commission by straw vote directed staff on August 19, 1986, to modify the draft ordinance such that nonconforming residential structures with up to four units would be able to be completely rebuilt regardless of the amount of destruction. The Commission also discussed having a separate category for projects with five to eight units where some amount of review be required prior to reconstruction. Rather than further complicating the provisions with another entitlement category, conditional use permit process that would allow reconstruction subject to meeting parking and setback requirements, would accomplish the same result. PC Minutes - 9/16/86 -16- would the (6307d) i] 1 THE PUBLIC HEARING WAS OPENED Pat Paulk, 3571 Runningtide, spoke in support of allowing complete reconstruction of property destroyed by fire and having no restrictions in the code. Jim Morrissey, stated that lending institutions will not grant fixed loans on nonconforming property, only variable loans. Additional insurance must be purchased on the property which is an added burden to the property owner. Lending institutions require a letter from the City before loans are granted. He supports an ordinance with no restrictions. Phil Ottone, Home Savings and Loan, discussed loans on illegal units. He stated that illegal units were not included in a property appraisal. The only way an appraisor can check to see if a unit is legal is through the City Building Records. Kirk Kirkland, President - Board of Realtors, spoke in opposition to the code amendment. He stated that statistics prove that loss of more than 50 percent of property due to fire is slim. This code amendment will reduce property value if the owner wishes to resale. Larry Washa, President - Chamber of Commerce, spoke in support of exempting up to 10 units if more than 50 percent of the property is destroyed. There were no other persons present to speak for or against the code amendment and the public hearing was closed. The Commission discussed the protection that would be provided and questioned who it would be provided for, the individual investor or the large real estate combine. A STRAW VOTE WAS TAKEN TO EXEMPT 10 UNITS OR LESS: AYES: Pierce, Livengood, Erskine, Mirjahangir NOES: Porter, Rowe, Winchell A MOTION WAS MADE BY PIERCE, SECOND BY ERSKINE, TO APPROVE CODE AMENDMENT NO. 86-10, EXEMPTING RESIDENTIAL STRUCTURES WITH UP TO TEN UNITS, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Erskine, Mirjahangir NOES: Rowe, Winchell, Porter ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 9/16/86 -17- (6307d) C-6 CONDITIONAL USE PERMIT NO. 86-30/NEGATIVE DECLARATION 86-42 APPLICANT: James Lumber Company, Conditional Use Permit No. 86-30 is a request by the applicant to permit'the temporary,storage of lumber on the property located on the south side of Warner Avenue approximately 200 feet east of Palmdale Avenue, pursuant to Section 9331.3 of the Ordinance Code. Section 9331.3 permits temporary uses such as lumber storage, contractor's storage yards and mulching operations for an initial period of two years upon approval of a conditional use permit by the Planning Commission. The applicant without benefit of permit is presently using the site for the storage of lumber and plywood. Section 9331.3 also states that a temporary use may be approved by the Planning Commission for an additional year, with a maximum of three such one year extensions of time. Said temporary use shall also comply ;with other code requirements including parking, access and setbacks. Such temporary use shall also be subject to additional conditions and or development standards as may be required by the Planning Commission. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Development Services posted draft Negative Declaration No. 86-42 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued Prior to any action on Conditional Use Permit No. 86-30, it is necessary for the Planning Commission to review and act on Negative Declaration No. 86-42. THE PUBLIC HEARING WAS OPENED John Delianarde, spoke in support of the project. James Harrington, applicant, spoke in support of the project. He stated that he objected to conditions #7 and #16 (regarding emergency access and paving the alley within 90'days), because it does not affect his development. He feels it is unfair to require him to improve the alley because his property is 150 feet away and they are restricted from using it. He also explained that there is access from his yard at almost the exact same point. He also objects to condition #19 (regarding dedication). He stated that he cannot dedicate property that he does not own. Mel Mermestein, Ideal Lumber, spoke in support of the project. He stated that he possesses 15 feet of the dedicated property. He is willing to dedicate the 15 feet if James Lumber will improve it. There were no other persons to speak for or against the project and the public hearing was closed. PC Minutes - 9/16/86 -18- (6307d) Staff explained that the railroad company had been contacted and they were not interested in improving the property. They are, however, willing to sell it to the City. Staff further explained that conditions cannot be waived due to code requirements. A MOTION WAS MADE BY WINCHELL, SECOND BY PORTER, TO APPROVE CONDITIONAL USE PERMIT NO. 86-30 AND NEGATIVE DECLARATION 86-42, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Pierce, Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; the lumber storage yard is compatible with existing business in the area which are industrial. b. Property and improvements in the vicinity of the lumber storage yard. 2. The granting of the conditional use permit will not adversely affect the General Plan of the City of Huntington Beach which is general industrial. 3. The proposal is consistent with the City's General Plan of Land Use which permits industrial uses of this type. CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. 24 foot access from Warner Avenue for fire vehicles only. b. Access route from site, through existing lumber yard to Nichols Street. c. Location of lumber stacks, including setbacks and fire lanes. d. Location of the security guard shack and the on -site parking spaces. PC Minutes - 9/16/86 -19- (6307d) 2. Lumber shall not exceed 16 feet in height pursuant to Section 9530.15 of the Ordinance Code. 3. Within 90 days from approval, the applicant shall submit the following: a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 6. Fire lanes shall be provided on site as required by the Fire Department. 7. Access from Warner Avenue and the alley adjacent to Cedar Avenue shall be limited to emergency access only. 8. A review of the use shall be conducted within six (6) months of the date of this approval to verify compliance with all conditions of approval and the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 86-30 may become null and void. 9. The lumber storage yard shall not be open to the general public for retail sales. 10. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 11. The applicant shall install a six (6) foot high chain link fence around the site, and shall screen the fence adjacent to Cedar Avenue. 12. A six foot high block wall shall be constructed along Warner Avenue for the purposes of screening the site. Landscaping, including trees shall be planted adjacent to the block wall within 90 days of approval. The landscaping and block wall shall be located within the applicant's lease area. 13. The applicant shall obtain a certificate to operate from the Department of Development Services pursuant to S.9730.80 of the Ordinance Code. 14. An all-weather surface shall be provided as required by the Fire Department and Public Works. PC minutes - 9/16/86 -20- (6307d) 15. Concrete approaches shall be installed adjacent to Cedar and Cain as required by the Department of Public Works. 16. The 30 foot wide alley located at the east end of Cedar Avenue shall be paved within 90 days after dedication by the property owner. 17. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 18. Approval of Conditional Use Permit No. 86-30 shall be for an initial period of two (2) years pursuant to Section 9331.3(a) of the Ordinance Code. 19. Warner Avenue shall be dedicated within 60 days from the approval of Conditional Use Permit 86-30 and improved as required by the Department of Public Works. 20. Semi -trucks shall be limited to "right turns only" onto Warner Avenue and shall also be limited to a maximum of six trips per day. 21. Prior to the use of Warner Avenue for semi -trucks (exiting or right turns only), the applicant shall obtain approval from the Public Utilities Commission. C-7 SPECIAL SIGN PERMIT NO. 86-5 APPLICANT: ALISHA'S RESTAURANT Special Sign Permit 86-5 is a request to allow an additional monument sign, two roof signs and to exceed the maximum allowable square footage of signage at a restaurant location at 18302 Beach Boulevard (north of Ellis Avenue). The applicant installed the signs without a building permit. The applicant has been cited by Code Enforcement and hence, has applied for this Special Sign Permit to legalize the previously installed signs. ENVIRONMENTAL STATUS: The proposed project is exempt Class 11 Section A from the provisions of the California Environmental Quality Act. THE PUBLIC HEARING WAS OPENED Alisha Lange, applicant, spoke in support of the special sign permit. She explained that when she purchased the restaurant the wall signs were already there and nothing was said about them being illegal when permits were taken out. The lettering was changed in 1985 and the monument sign was installed for safety and more visibility from the street because clients were unable to locate the restaurant. She stated that the surrounding center tenants approved of her signs and that they did not obstruct anyone's view. PC Minutes - 9/16/86 -21- (6307d) Employee from Alisha's (name not clearly stated), spoke in support of the special sign permit. She distributed photographs of other signs in the City and compared them to Alisha's signs. She feels that the signs at Alisha's are in very good taste and are architecturally compatible with the center. Ruth Neilson, employee at Alisha's, spoke in support of the special sign permit. There were no other persons present to speak for or against the special sign permit and the public hearing was closed. The Commission agreed that the signs at Alisha's were aesthetically pleasing. A condition requiring external illumination and channel letters was suggested and also a condition stating that the sign permit will be non -transferable. A condition requiring the removal of the monument sign was also suggested. A MOTION WAS MADE BY ERSKINE, SECOND BY PIERCE, TO APPROVE SPECIAL SIGN PERMIT NO. 86-5 WITH FINDINGS, BY THE FOLLOWING VOTE: AN AMENDMENT TO THE MOTION WAS MADE BY PORTER, SECOND BY WINCHELL, TO ADD CONDITIONS OF APPROVAL (I.E. NON -TRANSFERABILITY, EXTERNAL ILLUMINATION, AND REMOVAL OF MONUMENT SIGN). AYES: Rowe, Winchell, Mirjahangir NOES: Pierce, Erskine, Porter, Livengood ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY ERSKINE, SECOND BY PIERCE, TO APPROVE SPECIAL SIGN PERMIT NO. 86-5 WITH FINDINGS AND CONDITIONS OF APPROVAL (I.E. NON -TRANSFERABILITY, EXTERNAL ILLUMINATION), BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, NOES: Rowe, Winchell ABSENT: None ABSTAIN: None MOTION PASSED Erskine, Porter, Mirjahangir FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT 86-5: 1. Strict compliance with Section 9610.5 will result in a substantial hardship to the applicant. 2. The existing signage consisting of one monument sign and two roof signs consisting of 331 square feet will not adversely affect other signs in the area. PC Minutes - 9/16/86 -22- (6307d) 3. The existing 331 square feet of signage consisting of one monument sign and two roof signs will not be detrimental to other properties in the vicinity. 4. The existing 331 square feet of signage consisting of one monument sign and two roof signs will not obstruct pedestrian or vehicular traffic visibility and will not be a hazardous distraction. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT 86-5: 1. The sign, as depicted on Exhibit C dated July 22, 1986, shall be the approved plans. 2. The signage shall be externally illuminated only and no channel letters shall be allowed. 3. The special sign permit is granted exclusively to the applicant and is non -transferable. C-8 CONDITIONAL USE PERMIT NO. 86-37 APPLICANT: MINOO ETEMADIEH Conditional Use Permit No. 86-37 is a request to permit an expansion of an existing day care operation from six to twelve children in a single family dwelling located at 20601 Troon Lane, Huntington Beach, California. ENVIRONMENTAL STATUS: The proposed project is exempt Section 15301 from the provisions of the California Environmental Quality Act. THE PUBLIC HEARING WAS OPENED Mr. Etemadieh, representing the applicant, spoke in support of the day care center and was available to answer any questions. Alice Hill, spoke in support of the day care center. George Christino, spoke in support of the day care center. There were no other persons present to speak for or against the proposal and the public hearing was closed. An addition to the side of the residence was noted on the aerial photograph of the site. The applicant stated that it was a temporary storage shed that was being removed. It was suggested that a condition be added to include the removal of the temporary storage shed. PC Minutes - 9/16/86 -23- (6307d) A MOTION WAS MADE BY PORTER, SECOND BY MIRJAHANGIR, TO APPROVE CONDITIONAL USE PERMIT NO. 86-37 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Rowe, Pierce, Livengood, Erskine, Porter, Mirjahangir NOES: Winchell ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The proposed day care operation for twelve children will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood and is not detrimental to the value of the property and improvements in the neighborhood as is supported by the petition submitted by the applicant. 2. The access to the day care operation for twelve children will not cause undue traffic problems. 3. The proposed day care operation for twelve children is compatible with existing residential uses in the neighborhood as exemplified by the petition signed by 21 neighbors and public testimony in support of the application at the meeting. 4. The proposed day care operation for twelve children is consistent with the goals and objectives of the General Plan and will substantially comply with the provisions of Article 933 of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL: 1.. The site plan dated August 5, 1986, shall be the approved layout. 2. The day care operation shall be limited to an enrollment of no more than twelve children. 3. Prior to operation of the day care operation, the applicant shall obtain approval from Orange County Social Services Department. 4. The applicant shall file with the Department of Development Services a copy of the Orange County license which permits care of six to twelve children. 5. The day care facility shall operate between the hours of 7:00 AM and 7:00 PM daily. PC Minutes - 9/16/86 -24- (6307d) 6. The applicant shall obtain a business license from the City of Huntington Beach. 7. The garage shall not be used for the day care operation. 8. Conditional Use Permit No. 86-37 runs with the operator of the day care operation Minoo Etemadieh. Conditional Use Permit No. 86-37 is non transferable. 9. The Planning Commission reserves the right to review/revoke this conditional use permit approval in the event of any violations of the terms of this approval, or violation of the applicable zoning laws, or upon receipt of several complaints from surrounding residents; any such decision shall be preceded by notice to the applicant, a public hearing, and shall be based on specific findings. 10. The applicant shall obtain building permits for any additions made to the residence since the original date of construction. C-9 CONDITIONAL USE PERMIT NO. 86-43/COASTAL DEVELOPMENT PERMIT NO. 86-27 APPLICANT: HUNTINGTON PACIFICA DEVELOPMENT GROUP Conditional Use Permit No. 86-43/Coastal Development Permit No. 86-21 is a conceptual development plan for the development of a "Pierside Village" consisting of a 106,000 sq.ft. (94,500 sq.ft. of new construction and 11,500 sq.ft. existing) specialty beach related commercial project, "Pierside Village." The project is proposed in two phases on 15 acres located on the ocean side of Pacific Coast Highway, between 6th Street and Lake Street. The project proposes (Phase I and II) the creation of a multiple level mediterranean village consisting of: 60 retail shops (50,000 sq.ft.), 16 take out food outlets (14,,000 sq.ft.), 4 restaurants (including the existing Maxwell's for a total of 42,000 sq.ft.), 1843 parking spaces, reconstruction and expansion of the city pier, and a pedestrian overcrossing of Pacific Coast Highway to the proposed hotel location. In accordance with the city's Downtown Specific Plan, the proposed uses and development may be permitted in District #10, subject to approval of a conditional use permit. Conditional Use Permit No. 86-43 and Coastal Development Permit No. 86-27 is a request for the development of Phase I of the "Pierside Village." The project is proposed for the portion of the total site extending south of the pier. The area is bounded by the city pier, Pacific Coast Highway, an extension of Lake Street, and the existing beach access road and established mean high tide line. PC Minutes - 9/16/86 -25- (6307d) The project proposes (Phase I) construction of 55 retail shops (45,000 sq.ft.), 12 take-out food outlets (10,500 sq.ft.), 3 restaurants (including the existing Maxwell's for a total of 32,000 sq.ft.), 696 parking spaces, reconstruction and expansion of the city pier (22,000 sq.ft. on the south side), and a pedestrian overcrossing of Pacific Coast Highway. ENVIRONMENTAL STATUS: On July 18, 1983, the City Council certified that Environmental Impact Report No. 82-2 had been completed in compliance with the California Environmental Quality Act of 1970 and all state and local guidelines. The E.I.R. addresses the type and intensity of development which could be proposed within the development standards of the Downtown Specific Plan. Resolution No. 5284 states that the City Council finds the the benefits accruing to the city, both economically and socially, by virtue of the Downtown Specific Plan, override the significant effects detailed in Environmental Impact Report No. 82-2. In addition to the E.I.R. for the Downtown Specific Plan, the Council approved, following Commission recommendation, a focused Environmental Impact Report in conjunction with the Main -Pier Redevelopment Project area adoption in July, 1982. COASTAL STATUS• In July, 1977, the City of Huntington Beach began work on the Local Coastal Program as a means of implementing the California Costal Act of 1976. The Huntington Beach City Council adopted the Coastal Element as part of the city's General Plan on January 19, 1981. On March 16, 1981, Council authorized staff to draft the Downtown Specific Plan as a means of implementing portions of the Coastal Element. The Costal Element was certified in geographic part by the Coastal Commission in November, 1982. The Downtown Specific Plan was adopted by Council on October 10, 1983, and certified by the California Coastal Commission in March of 1985. REDEVELOPMENT STATUS: On September 7, 1982, the City Council adopted the Main -Pier Redevelopment Project Area for the downtown area, bounded by 6th Street, Walnut Avenue, Lake Street, and the Pacific Ocean. On June 20, 1983, the Main -Pier Redevelopment Project Area was expanded to roughly coincide with the boundaries of the Downtown Specific Plan. This expanded area covers a total of 336 acres. THE PUBLIC HEARING WAS OPENED Kay Seraphine, 509 17th. Street, addressed the concerns of the Environmental Board (i.e. parking, take-out restaurants, sanitation, safety on bike paths, loss of breezes and views). Douglas Langevin, 8196 Pawtucket Drive, expressed his concerns regarding the overcrowding in the area. He stated that he would PC Minutes - 9/16/86 -26- (6307d) rather see the downtown area restored, not bulldozed. He questioned the added numbers of people in the area, does not feel that our City needs them. Kirk Kirkland, President - Board of Realtors, spoke in support of the plan. He feels that the downtown area needs redeveloping, due to its present unsafe and aesthetically displeasing condition. Natalie Kotsch, 218 7th. Street, spoke in support of the project. She feels that the existing retail tenants should be relocated within the proposed project. Frank Horzwski, 21792 Summerwind Lane, expressed his strong support for the project. Robert F. Cronk, 501 6th. Street, spoke in support of the project. He feels there is too much crime and drugs in the downtown area. The City needs progress. Don Troy, 5272 Allstone, spoke in support of the project. He feels that outsiders misjudge our City due to the deterioration and high crime rate in the downtown area. Larry Washa, President - Chamber of Commerce, spoke in support of the project. He stated that the local businessmen are very excited and enthusiastic about the project. Spencer Sheldon, 6871 Evening Hill Drive, spoke in support of the project. Bob Davis, 16581 Lorge Circle, stated that he feels the progress has been carefully monitored, and that although there will be some problems, this is an essentially sound project. J. David Winscott, 18141 Beach Boulevard, strongly supports the project. Fred J. Speaker, 16601 Gothard Street, has worked in the downtown area since 1976. He feels that the downtown area is unsafe and that it needs cleaning up. He fully supports the project. Roger Work, representing the Huntington Beach Company, urged the Planning Commission to approve the project. To show the extent of their support he stated that the Huntington Beach Company is willing to donate its fee title on this property which they consider to have a value of approximately $3 million dollars. Gil Fries, 711 Ocean, spoke in support of the project. Bob Mayer, Huntington Beach Inn, spoke in support of the developer. He stated that he feels this plan will revitalize an important area of Huntington Beach and will generate more revenue for the City. John Omohundro, a 24 year resident, stated that he feels this project will benefit the City and strongly supports it. PC Minutes - 9/16/86 -27- (6307d) Susan Worthy, spoke in opposition to the project. She objects to development along the Beach. She feels it is obstructive and that it will destroy the City's last beautiful resource. She addressed her concerns regarding the possibility of destruction due to another storm. Stanford Tharp, spoke in support of the project and feels that the City should take advantage of the present tax laws and speed up the development. Julie Greene, property owner, spoke in support of the project. She feels it will increase the value of her property. Stuart Omahandro, Surf Theater, urged the Commission to take the first step in the redevelopment process. He fully supports the project. Arline Howard, spoke in opposition to the project. She feels visitors to the pier are seasonal and that we do not need to generate more traffic and transients. She feels the City is creating a "tourist trap." Guy Guzzardo, 515 Walnut Avenue, spoke in opposition to the project. Tom Tincher, 8442 Aspenwood Avenue, spoke in support of the project. Tom Harman, 2130 Main Street - Co -Chairman of Huntington Beach Tomorrow, spoke in opposition to the project. He stated that Huntington Beach Tommorrow opposes any development to the beach and feels that commercialization on the beaches should be prohibited. Kaye MacLeod, 712 Delaware Street, spoke in support of the project. She said that many years ago there was high density down at the beach and everyone loved it. She further stated that if our City motto is "the City of expanding horizons", then we should expand. Bob Bolen, spoke in support of downtown development. He feels the area has problems and that any redevelopment would be an asset. Dick Harlow, spoke in support of developing the downtown area. He feels that the downtown area has been rotting for many years and needs developing. There were no other persons to speak for or against the project and the public hearing was closed. The Commissioners had several questions and remarks regarding the project: 1) They would like to see a parking management plan included as a condition of approval. 2) Bicycle parking facilities should be included in the parking layout 3) High quality, non -chain restaurants should be approved for the project. Commissioner Livengood wanted it stated for the records that he supported the concept but would be voting no on the project because of the density involved and he felt that it needed more discussion and planning. PC Minutes - 9/16/86 -28- (6307d) Commissioner Rowe stated that he supported redevelopment but would be voting against the project because he feels the size of the development is too great and would be generating big problems for the City. A MOTION WAS MADE BY ERSKINE, SECOND BY MIRJAHANGIR TO APPROVE CONDITIONAL USE PERMIT NO. 86-43 AND COASTAL DEVELOPMENT PERMIT NO. 86-27, WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Pierce, Erskine, Porter, Mirjahangir NOES: Rowe, Winchell, Livengood ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: (CONDITIONAL USE PERMIT NO. 86-43) 1. The proposed development of a specialty retail village will have a beneficial effect upon the general health welfare, safety, and convenience of persons residing or working in the area due to the type, variety, and quality of the activities proposed, and will contribute to an increase in the value of the property and improvements in the neighborhood. 2. The proposed "Pierside Village" is designed to be in conformance with the city's adopted General Plan (including the state certified Coastal Element), the Downtown Specific Plan, and the Downtown Design Guidelines. 3. The proposed "Pierside Village" is compatible with existing or other proposed or anticipated uses in the area. The project will directly connect with other developments on the inland side of Pacific Coast Highway and will be responsible for the rehabilitation and/or relocation of existing structures in the project area. 4. The proposed location, site layout, and design will properly adapt the proposed structures to streets, driveways, and other adjacent structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 5. The proposed combination and relationship of uses to one another on the site are properly integrated. The proposed project will provide a greater number and variety of people an opportunity to enjoy the city beach and pier area and related ocean activities. 6. The proposed access to and parking for the "Pierside Village" will increase traffic and circulation concerns; however, controlling vehicular access to the project, separating vehicular and pedestrian access, and relocating traffic signals along Pacific Coast Highway will improve the current circulation system. PC Minutes - 9/16/86 -29- (6307d) FINDINGS FOR APPROVAL: (COASTAL DEVELOPMENT PERMIT NO. 86-27) 1. The proposed "Pierside Village" is consistent with the city's Coastal Zone suffix and the visitor -serving commercial standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property; it conforms with the plans, policies, requirements and standards of the city's Coastal Land Use Plan. 2. The proposed development conforms with the public access and public recreation policies of Chapter T of the California Coastal Act. 3. The proposed development can be provided with infrastructure in a manner that is consistent with the Coastal Land Use Plan. Underground sewer and water utilities are existing in the area and are sufficient to handle the proposed development. CONDITIONS OF APPROVAL: 1. The site and section plans dated September 11, 1986, and augmented site plan sheet 2, dated September 12, 1986, shall be modified to include the following changes: (a) All habitable building areas shall be limited to two stories. Exceptions to this will only be permitted as part of an interior loft or mezzanine which is mostly open to the shop below. In no case may habitable building area exceed 25' in height or two stories above the elevation of the pier. (b) No structure may be higher than the elevation of Pacific Coast Highway south/east of the center line of an extension of Lake Street. (c) The freestanding concession stand as proposed on the beach in front of the major access point to the village shall be relocated to back within the village. The shop shall have direct access on to the beach access road and serve the convenience of the beach user. (d) Improvements on the north side of the pier shall provide a number of public amenities such as a major beach access way adjacent to the parking structure. The detail design of this proposal shall be subject to review and approval by the Design Review Board in conjunction with the departments of Development Services, Community Services, and Public Works. (e) The light wells adjacent to Maxwell's balcony shall be increased in size to provide additional natural light penetration under the pier. Other light penetrations or alternative methods of illumination including the alternate decking designs may be required to achieve an adequate level of comfort and security for the area under the pier. PC Minutes - 9/16/86 -30- (6307d) (f) The project shall include a pedestrian overcrossing of Pacific Coast Highway linking the Pierside Village with the inland side of Pacific Coast Highway. The design shall be compatible with the Village and the Downtown Design Guidelines. This structure shall be constructed concurrent with the "Pierside Village." (g) The parking control mechanisms depicted on the plans shall be relocated to a location within the parking structure. The accessway to the control stations should provide for a minimum stacking area to accommodate 12 cars. (h) The plans shall identify public restroom locations in sufficient quantities and areas to adequately accommodate the village patrons. (i) No structures shall be developed oceanward of the mean high tide line established, on the north side of the pier (405' south of the Pacific Coast Highway right-of-way). (j) The project shall be approved in two phases. The first phase is proposed for the south side of the pier on the area controlled by the city of Huntington Beach. The second phase is proposed for the north side of the pier. The city is presently negotiating with the state for control of that portion of Bolsa Chica State Beach. A plan shall be submitted which indicates the phasing and associated development with each phase. This entitlement application shall be limited to the proposal for Phase I. (k) The'ferris wheel shown on the plot plan shall be removed. (1) Retail square footage on the new pier decking shall be 90% devoted to major sit down restaurants of unique and high quality, subject to definition in the operator's lease agreement. (m) Parking layout shall include bicycle parking facilities in sufficient quantities to accommodate village patrons. 2. Floor plans and elevations for each commercial suite and restaurant shall be prepared and submitted to the director of Development Services for review and approval prior to issuance of any building permits. All structures onsite shall reflect a compatible architectural theme which is consistent with the city's Downtown Design Guidelines. 3. A detailed materials pallet shall be prepared depicting all proposed exterior materials and colors and submitted to the Design Review Board for recommendation and approval. 4. A planned sign program for the entire village shall be prepared pursuant to the Downtown Design Guidelines and submitted to the Design Review Board for review and approval prior to the issuance of any sign permits. PC Minutes - 9/16/86 -31- (6307d) 5. The developer shall submit a plan which shall include the parking structure and area under the pier, lighting, public plaza, and street furniture plan which is in compliance with the Downtown Design Guidelines subject to review and approval of the Design Review Board. 6. A detailed landscape and irrigation plan shall be submitted to the city and approved by the Department of Development Services and the Department of Public Works prior to the issuance of building permits. Such a plan shall include all the landscaped areas and lighting within the public parking lot, medians, and the walkway system around the project perimeter and connection to the pier. The association shall maintain all landscaped areas within the project. All existing palm trees onsite shall remain within the project, however, they may be relocated from their present location. Perimeter landscaping, with a minimum of ten feet in width, shall be provided along the parkway area, adjacent to P.C.H. 7. A roof top mechanical equipment plan shall be submitted to the Department of Development Services, which indicates screening of all equipment and delineates the type of material proposed prior to the issuance of Building permits. Such projected equipment shall not exceed the maximum heights depicted in the Building Code or Downtown Specific Plan. 8. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fuel properties, foundations, retaining walls, streets and utilities, etc. 9. The developer shall submit a list of all proposed uses within the village and their respective square footages to the Development Services Department for approval to determine compliance with all zoning codes and redevelopment policies prior to the issuance of building permits. Any expansion or major change of uses, or increase in intensity of uses, will be subject to an additional Conditional Use Permit. Minor modifications not proposing expansion shall also be submitted to Development Services and Redevelopment Office for review and approval (e.g. exterior tenant modifications, public plaza configuration, structure layout, etc.). 10. All parking space design and size shall be in conformance with the Huntington Beach Ordinance Code. 11. Onsite circulation shall be revised in accordance Works Department requirements. Specifically, the at the Lake Street entrance to the parking garage moved into the garage to allow stacking distance without overflow onto Pacific Coast Highway. No deletion of vehicular access points shall be made approval of the Public Works Department. with Public control system needs to be for 12 vehicles addition or without PC Minutes - 9/16/86 -32- (6307d) 12. The developer shall verify the staff's traffic impact analysis for the proposed development to confirm that the traffic projections fall within the parameters of those analyzed in E.I.R. 82-2. This report shall be completed prior to the issuance of building permits and should include an analysis of the traffic impacts at various times of the day and year. 13. The developer shall prepare a parking management and control plan for review by the Development Services Department, Public Works Department, Community Services Department and all other effected departments prior to the issuance of any building permits. This plan should address valet services, shuttle programs, and methods of controlling vehicular ingress and egress. In addition the plan shall identify mitigation methods for the Phase I parking shortfall (e.g. reciprocal and joint use parking, remote parking and shuttle, limiting the issuance of certificate of occupancy to the extent that parking is made available). 14. The project will be responsible for construction of the new decking areas adjacent to the city pier and the reconstruction of the existing pier within the project areas. This effort should be coordinated with the Department of Public Works and other city departments. 15. A review of the use shall be conducted within one year of the issuance of the first Certificate of Occupancy to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions no additional Certificates of Occupancy will be issued until the violation is corrected. 16. Offsite improvements (e.g. streets, sidewalks, gutters, etc.) shall be constructed in accordance with Public Works Department standards and/or Caltrans standards. All sidewalks on Pacific Coast Highway shall be a minimum of 8 feet. 17. No parking shall be allowed adjacent to the project on Pacific Coast Highway. The removal of these 14 parking spaces shall be offset by an equal number of spaces in the project. During construction of the project, the developer, in conjunction with the city, shall provide a number of parking spaces within a reasonable distance to accommodate beach and pier access. 18. Sewer, water and fire flow, and drainage improvements shall be constructed in accordance with Public Works Department standards. The applicant shall submit to the Department of Public Works a water network and distribution analysis prior to issuance of grading permits. All necessary improvements as determined by the analysis shall be constructed. 19. The project shall be responsible for the construction of full median improvements on Pacific Coast Highway adjacent to the site in accordance with Public Works Department and Caltrans' standards. PC Minutes - 9/16/86 -33- (6307d) n 20. Energy efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lots to prevent spillage onto adjacent areas and for energy conservation. 21. All approved drives designated as fire lanes shall be signed as such to the approval of the Huntington Beach Fire Department. All fire apparatus access roadways shall be designated no parking. 22. A fire sprinkler system shall be designed and installed in those structures deemed necessary by the Huntington Beach Fire Department. An automatic system shall be required on all parking levels and pedestrian ways. 23. Entry gates or other control devices for the parking structure proposed at the entrance shall be reviewed and approved by the Development Services Department, Public Works Department, Fire Department, Police Department, and all other appropriate departments. 24. The Covenants, Conditions, and Restrictions shall be subject to review and approval by the City Attorney's office and contain a provision that will prohibit storage of vehicles, trailers, and other materials on site, unless an area that is specifically designated for such storage is provided for in the project. 25. The developer, Agency, and the city shall enter into a maintenance agreement for the public parking area, municipal pier, and all landscaping. The perimeter walkway, lighting, etc., shall be maintained by the project's association. 26. The developer, Agency, and the city shall execute a landscape maintenance agreement requiring the developer to maintain all landscaping on site, including setbacks, public right of ways, and along the street frontages. 27. All fire access roads are to be a minimum 24 feet. 28. All canopies or roof structures over roadways are to provide a minimum overhead clearance of 13 feet 6 inches in height from the road area to the lowest point of the canopy within the 24 foot road clearance. 29. All corner turns of fire lanes are to be a minimum of 17 feet inside and 45 feet outside radius. 30. The beach access roadway on the south must be a minimum 24 feet and must loop with the beach access road on the north side of the pier. This roadway must also be a minimum 24 feet. The overhead clearance under the pier must be a minimum 13 foot 6 inches in height. The roadway must be designed to facilitate beach service vehicles, bicycles, and pedestrian access, subject. to city review and approval. PC Minutes - 9/16/86 -34- (6307d) 31. The roadway and access ways designated as fire lanes on the pier and over the subterranean parking area are to be reinforced to sustain the weight of fire apparatus. 32. Another stairway shall be located on the north side of the pier, subject to review and approval of the Fire Department and Development Services Department. 33. Fire hydrants shall be installed on fire access roadways and the pier to provide fire apparatus with an access travel distance of 150 feet or less from all structures. 34. An automatic supervised fire alarm system shall be installed to provide the following: (a) Audible alarm. (b) Water flow signal. (c) Valve tamper signal. (d) Trouble signal. (e) Manual pull station. (f) Graphically displayed in strategic location(s). 35. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the G-factors as indicated by the geologist's report. Calculations for fittings and structural members to withstand anticipated G-factors, shall be submitted to the city for review prior to the issuance of building permits. 36. A plan for silt control for all storm runoff from the property during construction and during initial operation of the facilities shall be submitted to the Department of Public Works for review. 37. The developer shall provide the city with a detailed description of the project's proposed security systems for review and approval by all affected departments. 38. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. This requirement may be waived provided that the applicant will install a more energy efficient alternative subject to the review and approval of the Development Services Department. 39. All building spoils, such as unused lumber, wire, pipe, and other surplus or unusable materials, shall be disposed of at an offsite facility equipped to handle them. 40. During construction, the developer shall make adequate provisions for continued pier access. The construction of the super structure of the proposed expanded deck areas on the pier shall be limited to the non -summer months. PC Minutes - 9/16/86 -35- (6307d) 41. The project shall be responsible for the removal and relocation of the Beach Division Headquarters and Junior Lifeguard facilities. C-10 ZONE CHANGE NO. 86-26 APPLICANT: J. M. BROBERG Zone Change No. 86-7 is a request to rezone two one -acre parcels on the east side of Bolsa Chica Street approximately 800 feet north of Warner Avenue from (Q)R2 (Qualified -Medium Density Residential) to (Q)C4 (Qualified -Highway Commercial). The parcels were rezoned from (Q)C4 and C4 to (Q)R2 earlier this year. ENVIRONMENTAL STATUS: This project is covered under Negative Declaration 80-3 which was approved when the property was zoned to (Q)C4 in 1980. The applicant requested that Zone Change No. 86-26 be continued until the October 7, 1986 Planning Commission meeting. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the zone change. A MOTION WAS MADE BY PIERCE, SECOND BY ERSKINE, TO CONTINUE ZONE CHANGE NO. 86-26, AT THE APPLICANT'S REQUEST, TO THE OCTOBER 7, 1986 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Mirjahangir NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Pierce, Livengood, Porter, Erskine, C-11 CONDITIONAL USE PERMIT NO. 86-7/CONDITIONAL EXCEPTION NO. 86-10 APPLICANT: HUNTINGTON HEALTH GROUP Conditional Use Permit 86-7 is a request to construct an approximately 50,000 square foot, three-story addition to an existing single -story hospital located at 18792 Delaware Street and modernize the emergency entrance. The addition will result in a change in the number of private patient rooms but not in the overall bed count of 109. Conditional Exception 86-10 is a request to permit an exit stairway to encroach 10 feet and a 2nd and 3rd floor overhang to encroach 4 feet into the required 15' front yard setback. PC Minutes - 9/16/86 -36- (6307d) On June 3, 1986, the Planning Commission tabled this item as requested by the applicant so negotiations between the applicant and with adjacent property owners could be completed. New public notices have been mailed for this meeting. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Development Services posted draft Negative Declaration No. 86-22 for ten days, and no comments, either verbal or written were received. THE PUBLIC HEARING WAS OPENED Due to the lateness of the hour the applicant agreed to continue this item to the meeting of October 7, 1986. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PORTER, TO CONTINUE CONDITIONAL USE PERMIT NO. 86-7/CONDITIONAL EXCEPTION NO. 86-10 TO THE OCTOBER 7, 1986 PLANNING COMMISSION MEETING, SCHEDULED AS ITEM C-21 BY THE FOLLOWING VOTE: AYES: Winchell, Rowe, Pierce, Livengood, Porter, Erskine NOES: None ABSENT: Mirjahangir (Out of Room) ABSTAIN: None MOTION PASSED C-12 CODE AMENDMENT NO. 86-30 APPLICANT: CITY OF HUNTINGTON BEACH On August 4, 1986, the City Council directed staff to review the provisions for large family day care centers (those that involve from seven to twelve children) and develop a revised ordinance that would be in keeping with State law, but also incorporate more restrictive provisions than are currently part of the code. State law permits cities to have reasonable standards for spacing and concentration, traffic control, parking, and noise control. ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. THE PUBLIC HEARING -WAS OPENED Due to the lateness of the hour, it was agreed that this item should be continued to the October 7, 1986 meeting. PC Minutes - 9/16/86 -37- (6307d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY PORTER, TO CONTINUE CODE AMENDMENT NO. 86-30 TO THE OCTOBER 7, 1986 PLANNING COMMISSION MEETING, SCHEDULED AS ITEM C-3, BY THE FOLLOWING VOTE: AYES:*Rowe, Winchell, Pierce, Livengood, Porter, Erskine NOES: None ABSENT: Mirjahangir (Out of Room) ABSTAIN: None MOTION PASSED D. ITEMS NOT FOR PUBLIC HEARING: D-1 SITE PLAN REVIEW 86-7 APPLICANT: ROBERT CORONA Site Plan Review 86-7 is a request to review the project (a single family residence at 112 21st. Street) for conceptual approval prior to resubmitting the project as a conditional use permit with requests for special permit. Due to the lateness of the hour, it was agreed that this item should be continued to the October 7, 1986 meeting. A MOTION WAS MADE BY LIVENGOOD, SECOND BY WINCHELL, TO CONTINUE SITE PLAN REVIEW 86-7 TO THE OCTOBER 7, 1986 PLANNING COMMISSION MEETING, SCHEDULED AS ITEM B-1, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Pierce, Livengood, Erskine, Porter NOES: None ABSENT: Mirjahangir (Out of Room) ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS: None F. PENDING ITEMS LIST None G. PLANNING COMMISSION ITEMS None PC Minutes - 9/16/86 -38- (6307d) H. DEVELOPMENT SERVICES ITEMS None I. ADJOURNMENT ON MOTION BY PORTER, SECOND BY LIVENGOOD, THE MEETING WAS ADJOURNED AT 1:45 AM TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING ON OCTOBER 7, 1986, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Pierce, Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: None ABSTAIN: None MOTION PASSED APPROVED: n, Secretary kla Tom Liven ood, ai man PC Minutes - 9/16/86 -39- (6307d)