HomeMy WebLinkAbout1986-10-21APPROVED 11/5/86
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
October 21, 1986 - 7:00 PM
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
PLEDGE OF ALLEGIANCE
PRESENTATION OF A PLAQUE WAS MADE BY CHAIRMAN LIVENGOOD TO FORMER
COMMISSIONER JEAN SCHUMACHER FOR HER DEDICATED SERVICE
P (left 11:00) P (left 10:45) P P
ROLL CALL: Rowe Winchell Livengood Pierce
P (absent 7:30-8:50) P P (left 11:50)
Erskine Mirjahangir Porter
A. CONSENT CALENDAR:
A-1 Minutes of October 7, 1986 Planning Commission meeting
A MOTION WAS MADE BY ERSKINE, SECOND BY PIERCE, TO APPROVE THE
MINUTES OF THE OCTOBER 7, 1986 PLANNING COMMISSION MEETING, AS
SUBMITTED, BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Porter, Livengood, Erskine, Pierce,
Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
A-1 Minutes of October 14, 1986 Planning Commission meeting
A MOTION WAS MADE BY ERSKINE, SECOND BY PIERCE, TO APPROVE THE
MINUTES OF THE OCTOBER 14, 1986 PLANNING COMMISSION MEETING, AS
SUBMITTED, BY THE FOLLOWING VOTE:
AYES: Rowe, Porter, Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: Winchell
A-2 GENERAL PLAN CONFORMANCE 86-10 - Vacate a portion of unneeded
street right-of-way between 15th and 16th Street
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE GENERAL
PLAN CONFORMANCE 86-10, BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Pierce, Mirjahangir
NOES: None
ABSENT: Erskine, Porter (Out of Room)
ABSTAIN: None
MOTION PASSED
B. ORAL COMMUNICATIONS AND COMMISSION ITEMS:
B-1 TIME LINE - WALNUT EXTENSION
A MOTION WAS MADE BY WINCHELL, SECOND BY ERSKINE, TO SET A DEFINITE
TIME -LINE REGARDING THE WALNUT EXTENSION, AND TO FORM A
SUB -COMMITTEE MADE UP OF LANDOWNERS, MOBILEHOME RESIDENTS, PLANNING
COMMISSIONERS AND INTERESTED CITIZENS TO ESTABLISH A PRELIMINARY
DESIGN OF ALTERNATIVES TO ADDRESS THE CONCERNS IN THE AREA, BY THE
FOLLOWING VOTE:
AYES: Rowe, Winchell, Porter, Livengood, Erskine, Pierce,
Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
[J
PC Minutes - 10/21/86 -2- (6522d)
C. PUBLIC HEARING ITEMS:
C-1 CONDITIONAL EXCEPTION NO. 86-78 IN CONJUNCTION WITH
CONDITIONAL USE PERMIT NO. 86-44
APPLICANT: GMP ARCHITECTS
Conditional Use Permit No. 86-44 was continued from the October 7,
1986 Planning Commission meeting to enable the applicant to submit a
variance for greater building height than permitted by code.
Conditional Use Permit No. 86-44 is a request to construct a 8,540
square foot minor auto repair building, located on the south side of
Warner Avenue approximately 350 feet east of Bolsa Chica, with a
zero rear building setback in lieu of 10 feet abutting residentially
zoned property. Conditional Exception No. 86-78 is to permit a 20
foot-8 inch high building in lieu of 18 feet within 45 feet of the
rear property line abutting residential.
ENVIRONMENTAL STATUS:
The proposed project is exempt pursuant to Class 5 Section 15305(a)
from the provisions of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
Ching C. Weng, 16402 Hobart Lane, spoke in opposition to the
project. He owns the four-plex that abuts the proposed project site
and is concerned about noises related to car garages (i.e. body
work, etc.), especially if a zero setback is granted. He requested
that a more in-depth study be completed on the proposed project or,
if granted, to impose a condition that the developer plant trees
along the back property line to mitigate the noise.
Margaret Wilson, 16841 Green Street - representing the adjacent
property owner, stated her concerns regarding the proposed project.
She requested that the Commission disallow any auto -body work to be
done on the site because of the noise. She also made the following
suggestions: to disallow any trash containers (containing oil/gas,
etc.) up against the rear fences; split -face block wall to be used
on the building wall facing the adjacent property; removal of the
existing fence and planting trees along the rear property line; and
to use graffiti -free coating on the rear building walls.
Brett Laurila, Project Manager, spoke in support of the proposed
project. He stated that the owner was not adverse to planting trees
along the rear property line and -that he would be willing to use
graffiti free coating and split face block.
There were no other persons present to speak for or against the
project and the public hearing was closed.
The Code was read to Ms. Wilson containing
auto repair" (which does not include body
concern regarding auto body work.
the definition of "minor
shops) because of her
PC Minutes - 10/21/86 -3- (6522d)
Revisions to the conditions of approval were made and additions
regarding the remaining concerns expressed by the adjacent property
owners (i.e. anti -graffiti paint, additional landscaping along
property line, removal of existing fence).
A MOTION WAS MADE BY PORTER, SECOND BY PIERCE, TO APPROVE
CONDITIONAL EXCEPTION NO. 86-78 IN CONJUNCTION WITH CONDITIONAL USE
PERMIT NO. 86-44, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL,
BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Porter, Livengood, Pierce, Mirjahangir
NOES: None
ABSENT: Erskine
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 86-44:
1. The establishment, maintenance and operation of the auto repair
facility and a zero building setback will not be detrimental to:
a. The general welfare of persons residing or working in the
vicinity;
b. Property and improvements in the vicinity of such use or
building.
2. Uses on the site are limited to minor auto repair uses only.
3. The site layout, building design, landscaping and limited hours
of operation will assure compatibility of the auto repair
facility with surrounding uses.
4. The granting of the conditional use permit will not adversely
affect the General Plan of the City of Huntington Beach.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 86-78:
1. Because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the Zoning Ordinance is
found to deprive the subject property of privileges enjoyed by
other properties in the vicinity and under identical zone
classifications. The site is approximately 3 feet lower than
adjacent rear residential property.
2. The granting of a conditional exception for 20 foot-8 inch
building height in lieu of 18 feet is necessary in order to
preserve the enjoyment of one or more substantial property rights.
3. The granting of Conditional Exception No. 86-78 will not be
materially detrimental to the public welfare, or injurious to
property in the same zone classifications.
1
PC Minutes - 10/21/86 1-4- (6522d)
4. The granting of the Conditional Exception is consistent with the
General Plan of the City of Huntington Beach.
CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
September 29, 1986 shall be revised depicting the modifications
described herein:
a. Widen planter area adjacent to Warner Avenue by minimum 2
feet for a total of 12 feet and provide wedge type berm with
low-rise garden wall on interior side.
b. Widen planter on east property line by minimum 3 feet for a
total of 5 feet and provide tree wells in central parking
area.
c. Widen planter on west property line by deleting tandem
parking spaces.
d. Provide 5 feet average width planter at north end of central
parking area.
e. Relocate trash enclosure to south end of central parking area.
f. Compact spaces minimum 8 feet in width.
g. Existing wall and/or fence along the south property line
shall be removed by applicant with permission from adjacent
property owner(s) after construction of the building.
2. Prior to issuance of building permits, applicant shall file a
parcel map consolidating two parcels. Said map shall be recorded
prior to final inspection..
3. Prior to issuance of building permits, the applicant shall submit
the following plans:
a. Landscape and irrigation plan to the Department of Development
Services and Public Works for review and approval. Landscaping
shall comply with Section 9608 and 9730.58 of the Huntington
Beach Ordinance Code and provisions stated herein in order to
conceal service bays and entrances thereto.
b. Rooftop Mechanical Equipment Plan. Said plan shall indicate
screening of all rooftop mechanical equipment and shall
delineate the type of material proposed to screen said
equipment.
C. The developer will provide additional landscaping (i.e. 24
inch box trees, 20 feet on center) within 10 feet of the
common property line on the southern residential property
subject to the review and approval by the Department of
Development Services.
PC Minutes - 10/21/86 -5- (6522d)
4. Prior to issuance of building permit, an analysis and report
prepared by a California state licensed acoustical engineer shall
be filed with the Department of Development Services. The report
shall include recommended noise mitigation measures for the I
proposed auto repair use to ensure noise levels will conform with
Chapter 8.40 of the Huntington Beach Ordinance Code.
5. Additional architectural treatment such as metal canopies shall be
provided on all building walls visible from Warner Avenue to
soften the building facade: Accent stripe and/or reveal shall be
provided on the east, south and west rear building walls. In
addition to decorative split -face block building walls on all
exterior building sides as depicted on elevations, the developer
shall provide anti -graffiti paint on the exterior of the wall.
Such architectural treatment, building materials and colors are
subject to review and approval by the Department of Development
Services prior to issuance of building permits.
6. Maximum separation between building wall and property line shall
not exceed two inches (2").
7.
Driveway approaches shall
be a minimum of twenty-seven feet (271)
in width and shall be of
radius type
construction.
8.
All street improvements shall
be
constructed to Public Works
standards.
9.
The curb on Warner Avenue
(along
the front property line from the
east to the west boundary
lines)
shall be painted red.
10.
There shall be no outside
storage
of vehicles, vehicle parts,
equipment or trailers.
11. All repair work shall be conducted wholly within the building.
12. Hours of operation shall be limited between 7:00 AM and 7:00 PM,
Monday through Saturday.
13. Natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units.
14. Low -volume heads shall be used on all spigots and water faucets.
15. All building spoils, such a$ unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off -site facility equipped -to handle them.
16. If lighting is included in the parking lot, high-pressure sodium
vapor lamps shall be used for energy savings. All outside
lighting shall be directed to prevent "spillage" onto adjacent
properties.
PC Minutes - 10/21/86 -6- (6522d)
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. The development shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
a. Automatic fire sprinkler system throughout building.
b. Fire hydrant as required by Fire Department.
19. A detailed soils analysis shall be prepared by a registered Soils
Engineer. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed
recommendations regarding grading, chemical and fill properties,
foundations, retaining walls, streets, and utilities.
20. All applicable Public Works fees shall be paid prior to issuance
of building permits.
C-2 CONDITIONAL EXCEPTION NO. 86-79 IN CONJUNCTION WITH CONDITIONAL
USE PERMIT NO. 86- 5
APPLICANT: MARIS AND EDWARDS VANAGS
Conditional Use Permit No. 86-45 was continued from the October 7, 1986
Planning Commission meeting so the applicant could file a conditional
exception for building height in conjunction with the conditional use
permit. The proposed request is for approval of a multi -tenant
commercial center located on the east side of Beach Boulevard,
approximately 560 feet north of Ellis Avenue. The conditional use
permit is to permit a zero rear building setback in lieu of 10 feet as
required when abutting residentially zoned property (Section
9220.7.a). In addition, the applicant has filed Conditional Exception
No. 86-79 to allow an 18 to 22 foot high building along the rear
property line in lieu of maximum 18 feet height limit, and to permit a
zero building setback along the southerly property line in lieu of 5
feet. Five feet is required because an easement for storm drain
purposes abuts the northerly side of the adjacent southerly parcel.
ENVIRONMENTAL STATUS:
The proposed project is exempt pursuant to Class 3 Section 15305(a)
from the provisions of the California Environmental Quality Act.
REDEVELOPMENT STATUS:
The subject property is within the Beach Boulevard Corridor
Redevelopment Survey Area. The Redevelopment staff has reviewed this
project and has recommended finished building materials, colors and
signage be reviewed prior to issuance of building permits.
PC Minutes - 10/21/86 -7- (6522d)
THE PUBLIC HEARING WAS OPENED
Scott Fawcett, owner of the shopping center adjacent to the proposed
site, expressed his concerns regarding the northern appendage of the
project which at its present state is completely blocking an existing
restaurant in his center. He feels that an L-shaped plan would be more
compatible with his center and would appear as a continuous development.
Doming Hsu, Owner - Ruby Palace - stated his concerns regarding the
proposed project. The proposed layout of the building would block the
exposure of his restaurant from Beach Boulevard. He feels that
something should be worked out between the two property owners.
Maris Vanags, applicant, spoke in support of his project. He stated
that his original proposal included an L-shaped building with the "L"
to the north, however his parking calculations didn't work out right.
He further stated that he is willing to work with the adjacent property
owner and staff on his design.
There were no other persons present to speak for or against the
proposed project and the public hearing was closed.
The Commission agreed that an L-shaped building should be
reconsidered. They felt that a good circulation plan would be more
beneficial than the exact parking numbers.
A MOTION WAS MADE BY PORTER, SECOND BY WINCHELL, TO CONTINUE
CONDITIONAL EXCEPTION NO. 86-79 IN CONJUNCTION WITH CONDITIONAL USE
PERMIT NO. 86-45 TO THE NOVEMBER 5, 1986 PLANNING COMMISSION MEETING,
AND TO BE SCHEDULED AT ITEM C-1, BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Porter, Livengood, Pierce, Mirjahangir
NOES: None
ABSENT: Erskine
ABSTAIN: None
MOTION PASSED
C-3 CODE AMENDMENT NO. 86-30
APPLICANT: CITY OF HUNTINGTON BEACH
This item was continued at the meeting of October 7, 1986, with
instructions to staff to separate the provisions for family day care
homes and other child care facilities in order to make the applicable
regulations clearer.
On August 4, 1986, the City Council directed staff to review the
provisions for large family day care homes (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.
PC Minutes - 10/21/86 -8- (6522d)
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
Dolores Young, Day Care Provider, 5392 Edinger Avenue, spoke in
opposition to the code amendment. She stated that she is outraged that
the City is trying to impose restrictions on home day cares and
creating undue hardships on day care operators. Since only one-third
of the public needs regarding day care are being met she feels that too
many restrictions will put an end to day care in private homes. She
feels that rules governing commercial day care centers should be
completely separate from day care homes.
Henry Bohrman, 21112 Poston Lane, spoke in opposition to the
requirement of block wall fences. He feels that this is an undue
expense being imposed on private day care homes and feels that it
doesn't matter whether a separating fence is block or wood.
Linda Carroll-Bradd, Orange County Day Care Association, spoke in
support of separating the restrictions of large day care centers from
family home day cares. She feels that requiring block walls to
separate properties is unfair and that the enrollment numbers should be
established by the State instead of the City. She also stated that the
hours of operation in a private home day care cannot be set hours as
they are in large commercial centers.
There were no other persons present to speak for or against the
proposed code amendment and the public hearing was closed.
Straw votes were taken on each numbered provision to either leave as
it, delete or amend. The provisions would be as follows:
Family day care homes for more than six children are subject to the
following provisions:
(1) Seventy-five square feet of outdoor play area per child.
Thirty five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a five foot
high fence or wall. Any gate entry shall be securely fastened.
(2) The total enrollment for the family day care home shall be
pursuant to state law.
(3) The applicant shall submit a copy of the Orange County Social
Services License, including Fire Department clearance, prior
to the operation of the family day care home.
(4) Such facility shall not be located closer than 600 feet to
another large family day care center home.
(5) Garages shall not be used in conjunction with the family day
care home activities and cannot be used in calculating minimum
square footage required.
PC Minutes - 10/21/86 -9- (6522d)
(6) Loading and unloading of children from vehicles shall only be
permitted on the driveway, approved parking area or directly
in front of the facility.
(7) The family day care home shall comply with all applicable
requirements of Chapter 8.40, noise control of the Municipal
Code.
(8)
The Planning Commission reserves the right to revoke the
approval of a family day care home if a violation of the
conditions of approval occurs. All revocation proceedings
shall be preceded by a public hearing.
(9)
Approvals for family day care homes are non -transferable.
Child
care facilities other than large family day care homes are
subject to the following provisions:
(1)
Seventy-five square feet of outdoor play area per child.
Thirty five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a six foot
high masonry wall. Any gate entry shall be securely fastened.
(2)
Minimum 10% of parking area shall be landscaped.
(3)
The total enrollment for the child care facility shall be
established by the Planning Commission.
(4)
Fire Department clearance shall be obtained prior to the
operation of the child care facility.
(5)
Hours of operation shall be established by the Planning
Commission.
(6) The applicant shall submit a copy of the Orange County Social
Services License prior to the operation of the child care
facility.
(7) The applicant shall obtain a business license prior to the
operation of the child care facility.
(8) Off-street parking for child care facilities shall comply with
Article 960.
(9) Loading and unloading of children shall only be permitted from
approved parking areas.
(10) Children attending the day care facility shall be restricted
to designated play areas only, unless supervised by an adult.
(11) The child care facility shall comply with all applicable
requirements of Chapter 8.40, noise control of the Municipal
Code.
PC Minutes - 10/21/86 -10- (6522d)
(12) The Planning Commission reserves the right to revoke the
approval of a child care facility if a violation of the
conditions of approval occurs. All revocation proceedings
shall be preceded by a public hearing.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CODE
AMENDMENT NO. 86-30, AS AMENDED, AND RECOMMEND ADOPTION BY THE CITY
COUNCIL, BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Porter, Livengood, Pierce, Mirjahangir
NOES: None
ABSENT: Erskine
ABSTAIN: None
MOTION PASSED
C-4 CODE AMENDMENT NO. 86-27
APPLICANT: CITY OF HUNTINGTON BEACH
This item was continued from the meeting of September 16, 1986, with
direction to staff to modify the ordinance to allow for secondary
entrances into the units in order to comply with fire codes for
emergency exit requirements.
Code Amendment No. 86-27 is being processed as a result of Planning
Commission direction on June 3, 1986. 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.
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 code amendment
and the public hearing was closed.
Commissioner Pierce expressed his opposition to the code amendment.
He feels that the current code preserves the integrity of the
neighborhood by restricting the visibility of a second entrance from
the street, and feels that second entrances can be socially
beneficial.
Commissioner Livengood supported the intent of the code amendment
however felt that the amendment still left too many loopholes.
PC Minutes - 10/21/86 -11- (6522d)
A MOTION WAS MADE BY PORTER, SECOND BY WINCHELL, TO APPROVE CODE
AMENDMENT NO. 86-27 AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY
THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Porter, Mirjahangir
NOES: Livengood, Pierce
ABSENT: Erskine
ABSTAIn: None
MOTION PASSED
C-5 CONDITIONAL USE PERMIT NO. 86-50/COASTAL DEVELOPMENT PERMIT
NO. - NEGATIVE DECLARATION N -
APPLICANT: SUMMERHILL DEVELOPMENT CO. AND REDEVELOPMENT AGENCY
Conditional Use Permit No. 86-50/Coastal Development Permit No.
86-30/Negative Declaration No. 86-51 is a conceptual development
plan for a 161 unit planned residential development. The proposed
project lies in the Oldtown Specific Plan District 2 and Downtown
Specific Plan District 6. The two zones are a result of the
adoption of Precise Plan of Street Alignment No. 84-2 which
established a new street configuration of Atlanta/Lake/Orange. The
Oldtown Specific Plan portion will contain the residential
structures and parking while the Downtown Specific Plan portion will
be used as the main recreational area for the project.
Since the project is divided into two zoning classifications, staff
analyzed the project by using a pro-rata density allowed for each
zone.
Tentative Tract No. 12268 was approved on appeal by the City Council
on August 6, 1985, and is valid until August 6, 1987. No further
action is required at this time.
ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Development Services posted draft Negative
Declaration No. 86-51 for ten days, and no comments, either verbal
or written have been 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. 86-50 and Coastal
Development Permit No. 86-30, it is necessary for the Planning
Commission to review and act on Negative Declaration No. 86-30.
COASTAL STATUS:
The subject site is an area designated as "non appealable" which is
all the area of the coastal zone, lying inland from the appeal
jurisdiction.
PC Minutes - 10/21/86 -12- (6522d)
1
Staff provided additional information to the Commission explaining
the density for the project. Some additional findings and
conditions were also presented.
THE PUBLIC HEARING WAS OPENED
Two letters were read into the record. One letter in opposition to
the project from Howard Highlander and one letter supporting the
project from the Fountain Valley/Huntington Beach Board of Realtors.
Ken Skolyan, 121 Alabama, spoke in opposition to the proposed
project. He addressed his concerns, which included: 1) exhaust
from the projected 389 vehicles in the parking garage, since his
property is down -wind of the garage; 2) noise from the automobiles
since the opening to the garage will act as a loud speaker; 3) the
relocation of the electric transmission lines down Atlanta Avenue;
4) high density of the project;'5) preserving the value of his home.
Mary Skolyan, 121 Alabama, spoke in opposition to the proposed
project. She feels that the project is being proposed to close to
the adjacent property, the height of the structures will not enhance
the surrounding property, and that the project will be detrimental
to the quality of life in the area.
Don Slaven, 225 Alabama, spoke in opposition to the project. He
feels that developments such as this one will drive the property
owners out of the area.
Robert Wells, President of Summerhill, spoke in support of the
project and addressed the concerns of the adjacent property owners.
He intends to comply with all of the conditions of approval.
There were no other persons present to speak for or against the
project and the public hearing was closed.
An additional presentation addressing the issues and analysis of the
project was made by James Palin; Director of Development Services.
The Commissioners discussed the concerns and benefits
project. Some additional conditions of approval were
revisions made to address the concerns of the adjacent
owners.
of the
added and
property
A MOTION WAS MADE BY PIERCE, SECOND BY MIRJAHANGIR, TO APPROVE
CONDITIONAL USE PERMIT NO. 86-50, COASTAL DEVELOPMENT PERMIT NO.
86-30 AND NEGATIVE DECLARATION NO. 86-51, WITH MODIFIED FINDINGS AND
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Rowe, Winchell,
Mirjahangir
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Porter, Livengood, Erskine, Pierce,
PC Minutes - 10/21/86 -13- (6522d)
FINDINGS FOR DENSITY BONUS - CONDITIONAL USE PERMIT NO. 86-50:
1.� The capacities of the City and County water, sewer and storm
drain systems are adequate or will be adequate to accommodate
the proposed increase in density as well as all other planned
land uses in the area.
2. The proposed increase in density will not have a significant
adverse impact on traffic volumes and road capacities, school
enrollments, and recreational resources.
3. The character of the surrounding area is not adversely impacted
nor the overall intent of the general plan sacrificed.
FINDINGS FOR SPECIAL PERMIT - CONDITIONAL USE PERMIT NO. 86-50:
1. The proposed development will promote better living conditions
and environment.
2. The proposed development utilizes land -planning techniques
which include tasteful types of architecture, landscaping, site
layout and design.
3. The proposed development will benefit the general health,
welfare, safety and convenience of the neighborhood and the
City in general and will not be a detriment to or degrade
property value in such neighborhood and the City.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 86-50:
1. Through the use of the special permit, the proposed planned
residential development is in compliance with the City's
development standards for this type of housing and is
consistent with the combined zoning on the subject property.
2. The proposed planned residential project on 7.4 acres is
proposed to be developed at-25 units per acre per Downtown
Specific Plan, 15 units per acre per Oldtown Specific Plan, and
a density bonus of 34 units which is consistent with the
Downtown Specific Plan and,.Oldtown Specific Plan regulations
and General Plan.
3. The lot size, depth, frontage, street widths, and through the
use of special permit, all other design and implementation
features of the proposed subdivision will be in compliance with
the standard plans and specifications on file with the City as
well as in compliance with the State Map Act and supplementary
City Subdivision Ordinance.
PC Minutes - 10/21/86 -14- (6522d)
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 86-30:
1.
The proposed planned residential development project is
consistent with the City Coastal Zone suffix and the Downtown
Specific Plan Standards as well as other provisions of the
Huntington Beach Ordinance Code applicable to the property; and
conforms with the plans, policies, requirements and standards
of the City's Coastal Land Use Plan.
2.
The proposed development can be provided with infrastructure in
a manner that is consistent with the Coastal Land Use Plan.
3.
The proposed development conforms with the public access and
public recreation policies of Chapter 3 of the California
Coastal Act.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 86-50:
1.
The site plan, floor plans, and elevations received and dated
October 9, 1986, and supplemental elevations received and dated
October 14, 1986, shall be revised to reflect the following
modifications:
a. "A" units at the southern end of the project shall be
two-story.
b. The applicant shall work with the Department of Development
Services to reduce the number of units from 161 to 159.
c. Combination of Atlanta resident and guest entries to be
located opposite the proposed Lake Street signalized
intersection.
d. Method of access from guest parking to elevator.
e. Turnarounds provided at secured entries.
f. Maximum building height of 35 feet from sidewalk grade.
g. Revised garage layout for guest and resident parking.
h. Fully mechanically -ventilated, subterranean garage with
maximum projection at midpoint of 18 inches above grade; or,
Submit a plan prepared by a mechanical engineer and air
quality consultant which would mitigate potential noise and
air quality concerns of the adjacent residential area.
This plan shall be subject to the review and approval of
the Planning Commission. A public hearing shall be set and
abutting property owners shall be notified of such hearing.
i. A 6 foot block wall fence will be provided along the entire
eastern property line.
PC Minutes - 10/21/86 715- (6522d)
2.
Prior to issuance of building permits, the applicant shall
submit the following plans;
a. Landscape and irrigation plan to the Department of
Development Services and Public Works for review and
approval. Said landscape plan shall include 24 inch box
trees along the east property line; trees shall be of a
minimum height of 15 feet at time of installation with tree
spacing to be determined by the City. Said plan shall also
include a landscaped berm along north and south portions of
property adjacent to east property line.
All existing Canary Island Palms shall be relocated onsite
and within the main recreational area. All existing
Washingtonia Robusta Palms shall be relocated in
conformance with the street tree plan of Downtown Design
Guidelines.
b. A preliminary gateway plan shall be submitted in
conjunction with the landscape and irrigation plan and in
compliance with the Downtown Design Guidelines.
c. A lighting plan for all'on-site lighting shall be submitted.
d. Rooftop Mechanical Equipment Plan. Said plan shall
indicate screening of all rooftop mechanical equipment and
shall delineate the type of material proposed to screen
said equipment.
e. Rodent eradication plan, approved by the Orange County
Vector Control District.
f. Grading and Drainage Plan to the Department of Public Works
for review and approval.
g. A parking management plan to reflect assigned space and
handicap parking in compliance with State regulations.
h. Plans for Recreation Buildings to the Department of
Development Services for review and approval.
i. A copy of the recorded final map to the Department of
Development Services and Public Works.
j. The applicant shall enter into an agreement to provide 34
units for a 27.2% density bonus to be for low and moderate
income housing units of which 32 (20% of total units
proposed) shall be used to satisfy the Mello Bill
requirements for affordable housing in the coastal areas.
PC Minutes - 10/21/86 -16- (6522d)
The applicant shall provide housing units for persons of
low or moderate income subject to the provisions of
Government Section 65590(d). The applicant's compliance
with Section 65590(d) of the Government Code in terms of
amount and location of affordable housing provided shall be
subject to the review and approval of the Department of
Development Services.
This agreement shall be reviewed by the City Attorney's
Office as to form and content and approved by the Director
of Development Services."
k. A materials pallet indicating final color choices of the
building materials and product types along with detail
design features and shall be submitted to the Design Review
Board for comment with final review and approval by the
Planning Commission.
1. One set of revised site and garage plans and elevations for
review and approval by the Director of Development Services.
m. Screening plan for exposed piping in subterranean garage
shall be provided. '
3. Orange Avenue/Atlanta Avenue from Lake Street/Third Street to
Alabama Street shall be dedicated and constructed as a 100 foot
primary arterial highway to Public Works standards and subject
to the Downtown Design Guidelines.
4. Lake Street shall be dedicated and constructed as a 90 foot
primary arterial highway to Public Works standards and subject
to the Downtown Design Guidelines.
5. Pecan Avenue shall be dedicated and constructed to Public Works
standards.
6. An easement for underground utiliites in the vacated Lake
Street alignment shall be maintained.
7. Parking will be prohibited along Orange/Atlanta Avenue and Lake
Street.
8. Patterned concrete within the street portion public
right-of-way shall be limited to locations and design
established in the Downtown Design Guide.
9. All required landscaping shall be installed on site, not within
public right-of-way, and maintained by the developer. A
detailed landscape plan and sprinkler plan shall be submitted
in accordance with the Downtown Design Guidelines.
10. Water mains shall be constructed in Pecan Avenue, Lake Street
and Orange/Atlanta Avenue to tie into existing systems.
PC Minutes - 10/21/86 -17- (6522d)
11. Storm drain facilities shall be constructed as required by the
Department of Public Works. Cross gutters will not be allowed
on Orange/Atlanta Avenue and Lake Street.
12. The access on Lake Street north of Orange Avenue may be limited
to right turns in and out depending on traffic conditions.
13. Traffic signals are planned at Lake/Orange and Atlanta/Lake.
All necessary conduit for these signals shall be constructed by
the developer.
14. The overhead utilities on Lake Street shall be relocated to the
new street alignment.
15. On -site water system shall be constructed and dedicated per
Public Works requirements.
16. On -site sewer system shall be private, but is subject to Public
Works requirements.
17.
The development shall comply
with all applicable provisions of
the Ordinance Code, Building
Division, and Fire Department.
18.
Driveway approaches shall be
a minimum of twenty-seven feet
(27') in width and shall be of
radius type construction.
19.
Fire access shall be provided
to the satisfaction of the Fire
Department and Department of
Development Services.
20.
An automatic sprinkler system
approved by the Fire Department
shall be installed throughout
the complex. This includes
parking structure and buildings.
21.
A wet combination stand pipe
system approved by the Fire
Department shall be installed
in all stairways.
22.
An automatic alarm system approved
by the Fire Department shall
be installed throughout. The
system shall include the
following features:
a. Water flow and valve tamper detection
b. Trouble signal
c. Voice communication
d. Graphic annunciation
e. Manual pulls
23. Elevators shall be sized 6' 8" wide by 4' 3" deep to
accommodate the use of an ambulance gurney. Elevators shall be
provided on all floors including subterranean parking level.
PC Minutes - 10/21/86 -18- (6522d)
1
24. Any proposed trash chute locations and systems shall be
approved by the Fire Department.
25. Fire lanes are to be posted and signed to comply with Fire
Department standards.
26. Water supply shall be capable of providing 5,000 gallons per
minute for fire flow.
27. Fire extinguishers shall be provided within 75 feet of travel
lanes. Type of extinguishers and locations must be in
accordance with Huntington Beach Fire Code standards.
28. All security gate locations proposed for installation shall be
subject to review and approval by the Fire Department and
Public Works and shall include a turn -around.
29. Low volume heads shall be used in all showers.
30. 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.
31. Energy efficient lighting, such as high pressure sodium vapor
lamps, shall be used in parking lot and recreation area. A
lighting plan shall be submitted to Development Services which
illustrates that spillage onto adjacent properties will not
occur.
32. All structures on the subject property, whether attached or
detached, shall be constructed in compliance with the State
acoustical standards set forth for units that lie within the
CNEL contours of the property. Evidence of compliance shall
consist of submittal of an acoustical analysis report prepared
under the supervision of a person experienced in the field of
acoustical engineering, with the application for a building
permit.
33. Acoustical material shall be used on the walls and ceilings of
the subterranean garage.
34. 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-factor as indicated by the geologist's report. Calculations
for footings and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to
issuance of building permits.
35. Natural gas and 220V electrical shall be stubbed in at the
locations of the clothes dryers. This requirement may be
waived provided that the applicant will install a more energy
efficient alternative subject to the review and approval of the
Department of Development Services.
PC Minutes - 10/21/86 -19- (6522d)
36. Natural gas shall be stubbed in at the location of cooking
facilities, port -a -heaters, and central heating units. This
requirement may be waived provided that the applicant will
provide a more energy efficient alternative subject to the
review and approval of the Department of Development Services.
C-6 CONDITIONAL USE PERMIT NO. 86-48 AND CONDITIONAL EXCEPTION
NO- 86-77
APPLICANT: LEONARD AND RUTH QUEBRAL
Conditional Use Permit No. 86-48 is a request to legalize an
existing second unit addition that was constructed without a
conditional use permit located at 9972 Silver Strand Drive. Since
the code requirements for second unit additions specify a maximum of
one bedroom and 650 square feet, Conditional Exception No. 86-72 is
being requested since the unit has three bedrooms and totals 1,532
square feet.
A building permit was issued on August 19, 1983, for
a two-story
addition to the
existing two-story single family home
at 9972 Silver
Strand Drive to
include 3 bedrooms and 1 bath on the
second floor,
and a family room
with wet bar and laundry room on the
first floor.
Since that time
a full kitchen was installed and the
unit has been
rented out. In
staff inspected
response to complaints received, code
the premises on September 4, 1986, and
enforcement
advised the
owner to apply for
a conditional use permit or bring
the structure
into conformance
with the ordinance code.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt Class 1 from the
provisions of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
Marc Granovitz, representing the applicant, spoke in support of the
request. He stated that the applicants have spent a great deal of
money on their addition and development and that they were now being
asked to spend a considerable amount more to rebuild. He further
stated that nothing has been changed or added since the original
permits were granted.
Brian Moore, 9932 Silver Strand Drive, spoke in opposition to the
request. He stated that the applicant is renting out rooms to
several people and causing a traffic problem in the existing
neighborhood. The home is located on a cul-de-sac and with the
additional cars from the rentals there are very few parking spaces
left for the other residents in the neighborhood. He further stated
that an illegal kitchen has been added to the existing residence.
A letter was read into the record from Julie Carman, 9912 Silver
Strand, supporting the request. She stated that there is no parking
problems or noise problems from the existing structure or occupants.
PC Minutes - 10/21/86 ,20- (6522d)
There was no other persons present to speak for or against the
request and the public hearing was closed.
The definitions of wetbar and kitchen were read out of the code.
The definition of wetbar had changed since 1983 (the date when the
building permits were issued), however it was determined that the
added kitchen (i.e. stove, oven and dishwasher) was illegal in that
it constituted a second unit.
A MOTION WAS MADE BY PIERCE, SECOND BY PORTER, TO DENY CONDITIONAL
USE PERMIT NO. 86-48 AND CONDITIONAL EXCEPTION NO. 86-72 WITH ADDED
FINDINGS, AND TO DIRECT STAFF TO WORK WITH THE APPLICANT TO MODIFY
THE ADDITION TO BRING IT UP TO 1983 CODE FOR A SINGLE FAMILY
DWELLING WITH A WET BAR IN THE FAMILY ROOM, BY THE FOLLOWING VOTE:
AYES: Porter, Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell
ABSTAIN: None
MOTION PASSED
FINDINGS FOR DENIAL:
1. The request does not conform to the requirements of the
Huntington Beach Ordinance Code for second unit additions.
2. The granting of the request would constitute a special
privilege inconsistent with limitations upon other properties
in the vicinity.
3. There is no exceptional circumstance applicable to the land,
buildings or premises that does not apply generally to
property in the vicinity.
4. The granting of the request would be detrimental to the
general welfare of persons residing in the vicinity and to
property or improvements in the vicinity.
5. Original plans were approved in 1983 for a 3 bedroom/family
room with wetbar addition
C-7 CONDITIONAL USE PERMIT NO. 86-46
APPLICANT: REV. MSGR. MICHAEL DUFFY
Conditional Use Permit No. 86-46 is a request to construct a 945
square foot one -bedroom living quarters on the church grounds
located at 16400 Springdale Street. The new dwelling unit is
proposed to be located immediately to the east of the existing
rectory, and would be attached to an existing three -car garage. A
240 square foot expansion of the garage is also planned to provide
an additional enclosed parking Space.
PC Minutes - 10/21/86 721- (6522d)
Section 9630 of the Huntington Beach Ordinance Code provides that
any church or expansion of church uses be subject to conditional use
permit approval by the Planning Commission.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt Class 1 from the
provisions of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
John Bartlett, applicant's representative, spoke in support of the
proposed project and was available to answer any questions.
There were no other persons to speak for or against the project and
the public hearing was closed.
A MOTION WAS MADE BY ERSKINE, SECOND BY PORTER, TO APPROVE
CONDITIONAL USE PERMIT NO. 86-46'WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Porter, Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL:
1.
The proposed retirement
suite 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.
2.
The proposed retirement
suite will not adversely affect
surrounding properties.
3.
The proposed retirement
suite is compatible with the intended
use of the property for
church purposes.
4.
The proposed retirement
suite is consistent with the goals and
objectives of the General
Plan.
CONDITIONS OF APPROVAL:
1. The site plan and elevations dated September 10, 1986, and the
floor plans dated September 29, 1986, shall be the approved
layout.
2. The proposed use shall comply with all applicable provisions of
the City's Ordinance Code, Building Division and Fire
Department.
PC Minutes - 10/21/86 -22- (6522d)
1
3. The proposed structure shall be architecturally compatible with
existing adjacent structures in terms of color and building
materials.
4. Natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units.
5. Low -volume heads shall be used on all spigots and water faucets.
6. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
offsite facility equipped to handle them.
C-8 CONDITIONAL USE PERMIT NO. 86-47
APPLICANT: BEACHVIEW FRIENDS CHURCH
Conditional Use Permit No. 86-47 is a request to establish a church
within an existing office complex located at 808 Adams (on the south
side of Adams Avenue, just west of Beach Boulevard). Parking for
the proposed church will be used jointly by the existing offices
during non -peak periods, evenings and Sundays.
ENVIRONMENTAL STATUS:
The proposed project is exempt pursuant to Class 1 Section 15301
from the provisions of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
Stanley Perisho, Pastor, spoke in support of the proposed project.
He stated that some of the conditions of approval imposed by staff
were a little restrictive and would like them revised. He needs the
hours of worship and the limitation on assembly adjusted. He
explained that it would not be cost effective for the church as
conditioned by staff. He also stated that he needs an allowance
made for special services such as Christmas, New Years, weddings and
funerals.
There were no other persons present to speak for or against the
proposed project and the public hearing was closed.
The Commissioners agreed that the conditions of approval should be
revised regarding the hours of worship and the size of the
congregation. They also felt that the conditional use permit should
be reviewed after 90 days to see if more or less restrictions should
be imposed.
PC Minutes - 10/21/86 -23- (6522d)
A MOTION WAS MADE BY PIERCE, SECOND BY MIRJAHANGIR, TO APPROVE
CONDITIONAL USE PERMIT NO. 86-47 WITH FINDINGS AND REVISED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
A SUBSTITUTE MOTION WAS MADE BY PIERCE, SECOND BY LIVENGOOD, TO
INCLUDE REVISIONS TO CONDITIONS OF APPROVAL NO. 3 AND 6, AND THE
DELETION OF CONDITION NO. 4, AND THE ADDITION OF CONDITION NO. 10
REGARDING THE 90 DAY FOLLOW UP, BY THE FOLLOWING VOTE:
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO ACCEPT THE
SUBSTITUTION MOTION, BY.THE FOLLOWING VOTE:
AYES: Porter, Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell
ABSTAIN: None
MOTION PASSED
VOTE ON THE MAIN MOTION:
AYES: Porter, Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell
ABSTAIN: None
FINDINGS FOR APPROVAL:
1. The establishment, maintenance and operation of the church will
not be detrimental to:
a. The general welfare of persons residing or working in the
vicinity;
b. Property and improvements in the vicinity of such 'luse or
building.
2. The conditions imposed will ensure compatibility with
surrounding uses.
3. The granting of the Conditional Use Permit is consistent with
the goals and policies of the General Plan of the Cityjof
Huntington Beach.
4. Based on the other business hours of operation and the church
hours, joint use of the parking area will not be detrimental to
surrounding uses or cause any adverse traffic problems.
CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated ,
October 1, 1986, shall be the approved layout.
PC Minutes - 10/21/86 -24- (6522d)
2. Prior to commencing church services, a deed or long-term lease
agreement, approved to form by the City Attorney and recorded
in the Office of the County Recorder, shall be prepared
stipulating the reservation of 93 parking spaces for church
parking purposes for Sunday morning services.
3. Bible and instruction classes shall be limited to a maximum of
100 people and be conducted weekdays between 6:00 PM and 10:00
PM.
4. The assembly area shall not exceed 2,000 square feet or 220
seats.
5. Members of the worship congregation utilizing the assembly area
shall be limited to 220 people on Sundays, Christmas Eve, and
New Year's Eve.
6. 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.
7. Any changes to the conditions stated herein shall require
approval of a new conditional use permit by the Planning
Commission.
8. Any interior alterations shall comply with all applicable
provisions of the Ordinance Code, Building Division, and Fire
Department.
a. A floor plan shall be submitted to the Fire Department
depicting alterations necessary for a Group "A" occupancy.
b. All exits must comply with State Fire Marshal and
Huntington Beach Fire Code standards.
c. Seating and aisleways to comply with State Fire Marshal
standards.
9. Conditional Use Permit No. 86-47 will be reviewed by the
Planning Commission after 90 days.
C-9 CONDITIONAL USE PERMIT NO. 86-49
APPLICANT: RABBI ARON DAVID BERKOWITZ
Conditional Use Permit No. 86-49 is a request by the applicant to
permit religious services, adult education classes and offices for
the Rabbi and Administrator of Chabad of West Orange County in
classrooms #3A and #3C of Meadow View School located at 5702 Clark
Drive. Religious services are proposed to be held Monday and
Thursday mornings at 6:30 AM, Friday evening at 6:00 PM, Saturday
morning from 9:30 to 12:30 PM and Sunday morning at 8:00 AM. Adult
education classes would be held two evenings a week at 8:00 PM.
PC Minutes - 10/21/86 -25- (6522d)
ENVIRONMENTAL STATUS:
The proposed project is exempt Class 1 Section 15301 from the
provisions of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
Rabbi Aron David Berkowitz spoke in support of the project.
Ty -Juan Markham, also leases 5 classrooms at Meadow View School,
spoke in support of the proposed project. She stated that there is
a lot of vandalism occurring on the school grounds after dark. She
feels that with an evening occupant, especially religious services,
that it will cut down on the vandalism problems.
Barry Tabachnick, spoke in support of the project. He stated that
he knows of other small congregations such as this one that have
been permitted in residential neighborhoods and that this would not
set a precedent.
There were no other persons present to speak for or against the
project and the public hearing was closed.
The Commissioners agreed that this was a unique religious group in
that it consisted of a small membership (less than 105) and that
most members of the congregation would be walking to services. They
also agreed that the hours of services should be approved by
Development Services and that the conditional use permit should be
reviewed after 90 days.
A MOTION WAS MADE BY PIERCE, SECOND BY ERSKINE, TO APPROVE
CONDITIONAL USE PERMIT NO. 86-49, WITH REVISED FINDINGS AND
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Porter, Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL:
1. The establishment, maintenance and operation of services for a
small religious group consisting of 105 members (i.e. Chabad
of West Orange County) services, adult education and offices
within a closed public elementary school will not be
detrimental to:
a. The general welfare of persons residing in the vicinity
because a large number of the congregants will walk to
religious services held on a Saturday in a classroom on
the school site.
PC Minutes - 10/21/86 -26- (6522d)
b. Property and improvements in the vicinity of such use or
building.
CONDTIONS OF APPROVAL:
1.
This conditional use permit shall apply to Rooms 3A and 3C
only. Any expansion in area shall require the approval of a
new conditional use permit.
2.
This conditional use permit shall grant approval for a maximum
number of 105 occupants with the synagogue during Saturday
morning services. An expansion of the maximum number of
occupants shall require the approval of a new conditional use
permit.
3.
Fire Department clearance shall be obtained prior to the
initiation of the use.
4.
Hours of operation for the synagogue shall be as approved by
Development Services Department.
5.
Hours of operation for adult education classes shall be as
approved by Development Services Department.
6.
The applicant shall furnish the City copies of certifications,
hold harmless agreements and insurance with the school
district. Such shall be in force and in effect during the
life of the conditional use permit.
7.
All signs shall be reviewed and approved by the Director of
Development Services.
8.
The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
9. The Planning Commission reserves the right to revoke this
conditional use permit upon any violation of these conditions
or of the Huntington Beach'Ordinance Code, or upon receipt of
several complaints of surrounding residents. Any decision
shall be preceded by notice to the applicant, a public
hearing, and shall be based upon specific findings.
10. Conditional Use Permit No. 86-49 will be reviewed after 90
days.
C-10 ZONE CHANGE NO. 86-25, USE PERMIT NO. 86-70, AND NEGATIVE
DECLARATION NO. 86-49
APPLICANT: TONY URSINO
zone Change No. 86-25 is a request to permit a change in zoning from
R5 (Office Professional) to R3 (Limited Multi -Family Residential
District) to allow for the construction of 61 apartment units.
PC Minutes - 10/21/86 -27- (6522d)
The applicant is requesting a continuance of Use Permit No. 86-70 to
the November 5, 1986 Planning Commission meeting. Use Permit No.
86-70 is in conjunction with Zone Change No. 86-25 and Negative
Declaration No. 86-49 which would allow the construction of 61
apartment units on the site. The R3 zoning permits a total of 49
units to be constructed. The applicant is requesting a 25 percent
density bonus which would allow an additional 12 units to be
constructed. This will bring the unit total to 61 units.
The applicant has submitted a conceptual site plan which is
presently being reviewed by Development Services, Public Works and
Fire Department.
ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Development Services posted draft Negative
Declaration No. 86-49 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 Zone Change No. 86-25, it is necessary for
the Planning Commission to review and act on Negative Declaration
No. 86-49.
THE PUBLIC HEARING WAS OPENED
Tony Ursino, applicant, 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 by staff that changes be made in the ordinance
under Section 1: to change R3 (Limited Multi -Family Residence
District) to R3 (Medium -High Density Residential) and to delete the
conditions under Section 1.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY ERSKINE, TO CONTINUE USE
PERMIT NO. 86-70 TO THE NOVEMBER'51 1986 PLANNING COMMISSION
MEETING, BY THE FOLLOWING VOTE
AYES: Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell, Porter
ABSTAIN: None
MOTION PASSED
n
PC Minutes - 10/21/86 -28- (6522d)
A MOTION WAS MADE BY ERSKINE, SECOND BY MIRJAHANGIR, TO APPROVE ZONE
CHANGE NO. 86-25 AND NEGATIVE DECLARATION NO. 86-49 WITH CHANGES TO
THE ORDINANCE, BY THE FOLLOWING VOTE:
AYES: Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell, Porter
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - ZONE CHANGE NO. 86-25/NEGATIVE DECLARATION
NO. 8 - .
1. The proposed zone change to R3 is consistent with the General
Plan Land Use Designation of High Density Residential.
2. The proposed zone change to R3 will be compatible with adjacent
properties upon approval of a use permit for 61 apartment units.
3. The capacities of the City and County water, sewer, and storm
drain systems are adequate or will be adequate to accommodate
the proposed increase in density as well as all other planned
land uses in the area.
4. The proposed increase in density will not have a significant
adverse impact on traffic volumes and road capacities, school
enrollments, and recreational resources.
5. The character of the surrounding area is not adversely impacted
nor the overall intent of the general plan sacrificed.
C-11 CODE AMENDMENT NO. 86-31
APPLICANT: CITY OF HUNTINGTON BEACH
The purpose of the Coastal Conservation Suffix is to protect
environmentally sensitive areas within the City's Coastal Zone
without precluding uses or development which may be permitted under
the California Coastal Act. The Coastal Conservation Suffix may be
attached to any zone district within the coastal zone with the
result that the provisions of the Coastal Conservation District in
Article 942 of the City's Ordinance Code shall prevail over the base
zone whereto the suffix is attached.
ENVIRONMENTAL STATUS:
The proposed project is exempt from the provisions of the California
Environmental Quality Act.
PC Minutes - 10/21/86 -29- (6522d)
COASTAL STATUS:
This code amendment will implement the City's Certified Coastal Land
Use Plan.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CODE
AMENDMENT NO. 86-31, WITH FINDINGS, BY THE FOLLOWING VOTE:
AYES: Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell, Porter
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL:
1. Establishment of the Coastal Conservation Suffix appropriately
provides for implementation of the approved land use designation
Industrial Energy Production/Conservation.
2. The intent of the Coastal Conservation Suffix is in accordance
with the California Coastal Act.
1
PC Minutes - 10/21/86 -30- (6522d)
D. ITEMS NOT FOR PUBLIC HEARING:
D-1 DELETION OF CONDITION 1(d) - CONDITIONAL USE PERMIT NO. 86-28
APPLICANT: SHELL OIL CO.
On September 3, 1986, the Planning Commission approved Conditional
Use Permit No. 86-28 to allow for the conversion of an existing
service bay within a gas station into an in -bay car wash. The
service station is located at the southwest corner of Edwards and
Bolsa.
Due to the existing location of the pump islands on the site, the
applicant was not able to provide the required 3 foot landscape
planter along Bolsa Avenue. The project was approved with the
condition that the applicant work with the City's Public Works
Department to secure an easement along the public sidewalk along
Bolsa which would enable Shell to construct the landscape planter.
More detailed review by the Public Works Department has revealed
that a bus shelter is proposed to be constructed at this location,
therefore Shell Oil will not be able to secure an easement in this
location for the larger landscape planter.
A MOTION WAS MADE BY PIERCE, SECOND BY PORTER, TO MODIFY CONDITION
NO. l(d), BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Livengood, Pierce, Mirjahangir
NOES: Porter
ABSENT: Erskine
ABSTAIN: None
MOTION PASSED
MODIFIED CONDITION:
l.d A 2-foot wide hardscape raised curb shall be installed along the
exterior property line along Bolsa Ave and in the area between
the two existing concrete drives.
E. DISCUSSION ITEMS:
None
F. PENDING ITEMS LIST
IMPACT OF THE PRECISE PLAN OF STREET ALIGNMENT NO. 86-1 ON BUS
ROUTES IN THE DOWNTOWN
PC Minutes - 10/21/86
-31-
(6522d )
G. PLANNING COMMISSION ITEMS
The Commission requested that staff follow up and report back to
them regarding an article in the Register regarding Ascon and
available State funding.
H. DEVELOPMENT SERVICES ITEMS
H-1 BOLSA CHICA WHITE HOLE AREA STUDY SESSION - Schedule for
Wednesday, November 5, 1986, at 6:00 PM in Room B-8
A study session was scheduled for Wednesday, November 5, 1986,
at 6:00 PM in Room B-8.
I. ADJOURNMENT
A MOTION WAS MADE AT 12:15 AM BY LIVENGOOD, SECOND BY PIERCE, TO
ADJOURN TO THE BOLSA CHICA WHITE HOLE AREA STUDY SESSION AT 6:00
PM ON WEDNESDAY, NOVEMBER 5, 1986 IN ROOM B8 AT CITY HALL AND
THEN TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING
AT 7:00 PM IN THE COUNCIL CHAMBERS, BY THE FOLLOWING VOTE:
AYES: Livengood, Erskine, Pierce, Mirjahangir
NOES: None
ABSENT: Rowe, Winchell, Porter
ABSTAIN: None
MOTION PASSED
APPROVED:
Tom Li e Jbd, C air an
1
PC Minutes - 10/21/86
-32-
(6522d)