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HomeMy WebLinkAbout1987-02-18APPROVED 3/17/87 L.J MINUTES HUNTINGTON BEACH PLANNING COMMISSION February 18, 1987 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Silva, Schumacher, Higgins, Pierce, Leipzig, P P Summerell, Livengood A. CONSENT CALENDAR: None B. ORAL COMMUNICATIONS AND COMMISSION ITEMS Z— B-1 CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL FOR THE REMOVAL OF THE FOOTBRIDGE LOCATED NEAR RANCHO VIEW SCHOOL AND LANCASTER DRIVE A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO RECOMMEND TO THE CITY COUNCIL THE REMOVAL OF THE FOOTBRIDGE LOCATED NEAR RANCHO VIEW SCHOOL AND LANCASTER DRIVE, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 REQUEST FOR 3-WAY STOP SIGN AT MONROE AND TERRY B-3 REQUEST_ TO C_I_T_Y_ COUNCIL —TO DIRECT STAFF TO WORK_ TH AND HEIL B-4 REQUEST FOR AN EVALUATION BY STAFF FOR INSTALLATION OF A TRAFFIC LIGHT AT TERRY AND BEACH A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO DEFER ACTION ON ITEMS B-2, B-31 AND B-4 TO THE PUBLIC WORKS - DEPARTMENT FOR REVIEW AND COMMENTS FOR THE MARCH 3, 1987 PLANNING COMMISSON MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN:- None MOTION PASSED 1 PC Minutes - 2/18/87 -2- (7455d) C. PUBLIC HEARING ITEMS C-1 ONAL EXCEPTION (VARIANCE) NO. 86-77 (CONTINUED FROM R 5. 1986 PLANNING COMMISSON MEETING) APPLICANT: DAVID DAHL Conditional Exception (Variance) No. 86-77 is a request to allow a reduction in the required rear yard setback for a single family home in Country View Estates from 25 feet to 10 feet. The applicant submitted a zone change along with this conditional exception to allow for the construction of a single family home on the lot within Country View Estates which had been set aside for equestrian facilities. The zone change was denied by the Planning Commission on November 5, 1986. The applicant appealed the decision of the Planning Commission to the City Council. At the applicant's request, the City Council on December 15, 1986, 1986, tabled the zone change request to allow time for the applicant to work with City staff to explore other avenues by which the equestrian needs in the area can be addressed. STAFF RECOMMENDATION: Continue Conditional Exception (Variance) No. 86-77 to the first Planning Commission meeting in July as per the applicant's request. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the request. A MOTION WAS MADE BY LIVENGOOD, SECOND BY HIGGINS, TO CONTINUE CONDITIONAL EXCEPTION (VARIANCE) NO. 86-77 TO JULY 81 1987, WITH THE PUBLIC HEARING LEFT OPEN (THE ENTITLEMENT WILL BE RE -NOTICED) BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, PC Minutes - 2/18/87 -3- (7455d) C-2 CONDITIONAL USE PERMIT NO.-86-63/TENTATIVE_ TRACT 11769/ NEGATIVE DECLARATION NO. 86-64 (CONTINUED FROM FEBRUARY 3, 1987 PLANNING COMMISSION' -MEETING APPLICANT: DAVID DAHL Conditional Use Permit No. 86-63, Tentative Tract 11769 and Negative Declaration No. 86-64 was continued from` the February' 3, 1987 Planning Commission meeting to allow time for the, -Commission to further study the project and its rela ionsh'ip to—affie �ropo'sed Ellis-Goldenwest Specific Plan. Conditional• Use Permit No. 86-63, Tentative Tract 11769 and Negative Declaration No.'86-64 is a request to permit a 30 lot subdivision for the construction of custom single family homes. The 10 acre parcel is located on the south side of Ellis Avenue, 660 feet west of Goldenwest Street. - r ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department _of Development Services posted draft Negative Dtclaratian Nd-.-'86--6'4-'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. 86-63 or Tentative Tract 11769,,it is necessary for the Planning Commission to review and act on Negative=-Declaration=No.'_ 8fi�64.. SPECIFIC PLAN: The project _li`es_ Wi`hin the boundaries of the proposed_'_ �AN Ellis-Goldenwest Specific Plan. SUBDIVISION- COMMITTEE: The Subdivision Committee reviewed the revised 10 acre tract on January-' 8,- 1987.- The- P6bli7e Works `Depaartmenf- rexp`tessed 'concern over site grading, drainage and hydraulics. The Fire Department felt that looping the water system of this tract with Tract 11473 (Count'ry View Estates) would enhance the water system reliability within Tract 11473. The applicant requested that conditions be inserted in this project so that future developers to the west and east who- take -=access from the roads he installs or make use of the storm drain, water and sewer lines installed for this project would reimburse the applicant for their pro-rata use. STAFF RECOMMENDATION: Approve Conditional Negative Declaration of approval. Use Permit No. 86-63, Tentative Tract 11769 and No. 86-64 based on the findings and conditions PC Minutes - 2/18/87 -4- (7455d) THE PUBLIC HEARING WAS OPENED David Dahl, applicant, spoke in support of the proposed project. He addressed all of his concerns which included required setbacks, sidewalks and medians, relocation of horses, and the bonds that were being imposed. A. D. Tonelli, 6452 Santa Ynez Drive, stated that the setbacks in Country View Estates were 30 feet and he felt that they should be the same in this tract. He addressed his concerns regarding rolled curbs, sidewalks. He stated that he feels the development is becoming estates rather than equestrian property. There were no other persons present to speak for or against the project and the public hearing was closed. A discussion ensued regarding the concerns addressed during the public hearing by the applicant and adjacent property owner. Suggested conditions of approval regarding the expressed concerns were discussed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO APPROVE CONDITIONAL USE PERMIT NO. 86-63, TENTATIVE TRACT 11769 AND NEGATIVE DECLARATION NO. 86-64, WITH FINDINGS AND ADDED CONDITIONS OF APPROVAL: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS OF APPROVAL - CONDITIONAL USE PERMIT NO. 86-63 AND TENTATIVE TRACT 11769: 1. Development of the site at this time is not premature pending completion of the Ellis-Goldenwest Specific Plan, since the subdivision is generally in compliance with the draft Specific Plan objectives and standards. 2. The proposed subdivision complies with certain aspects of the draft Ellis-Goldenwest Specific Plan in terms of maximum density, location and cross section of public and private streets and the inclusion of an equestrian trail along the public street right of way and a spur trail through the Fairview Tract leading toward the major equestrian trail master planned in the drainage swale. PC Minutes - 2/18/87 -5- (7455d) 3. The proposed development is in conformance with the policies and development standards contained within the City's General Plan. The General -Plan has set -forth provisions for -this type of land use as well -as -setting forth `object-ives -for implementation of -this -type of -housing. --The project complies with the Land Use Element and all other elements of the General Plan. 4. The proposed subdivision of this 10+ gross acre parcel of land zoned Q-R1-(3)-O-CD-6,000 is proposed to -be constructed having 2.9 units per gross acre. 5. The property was previously studied for this intensity of land use at the time the land use -designation -of Estate Residential was placed on the property. 6. The lot size, depth, frontage,,street widths, and all other design and implementation features of the -proposed -subdivision are proposed to -be -constructed in compliance with standard plans and specifications on file with the City as well as in compliance with the State_Map Act and supplementary City subdivision ordinance. 7. The looping of7the water system of Tract 11769 to Tract-11473 (Country View Estates) will significantly increase the reliability -of the water system of Tract 11473 directly contributing to the health, safety and welfare of the residents in the area. CONDITIONS OF APPROVAL.- CONDITIONAL USE PERMIT N0.-86-63: 1. Residential streetsshallbe privately owned and maintained. _Said streets shall not exceed forty (40)-feet-in width, including rolled curbs. 2. Grading activities including grading -for lots and building pads shall. not involve more _than 2 foot cut 'and' 2-foot depth -of fill on a maximum of-65 percent of each logy Exceptions to this condition may be granted by the Director of Development Services on a lot -by -lot basis pursuant to a_showing of sufficient hardship. - ' 3. Horse trails within the right of way of Public Street "C" and leading from Tract 11769 through the Fairview Tract to the west shall be improved in accordance with the following standards: a. Trail tread area should be graded smooth, free of weeds, stumps, roots, debris and large rocks. Adequate drainage shall be provided when grading. b. The trail shall be clear of all obstruction from ground level to a height of ten (10) feet. c. Fencing along the trail shall be reviewed and approved by the Director of Development Services. PC Minutes - 2/18/87 -6- (7455d) d. The fencing along the 8 foot wide equestrian trail leading from lots 18, 19, 26 and 27 of Tract 11769 westerly through the Fairview Addition toward the major equestrian trail in the drainage swale shall be installed by the developer prior to occupancy of the first home in the second phase of the development. The fencing shall conform to the approved trail fencing within Country View Estates. 4. Common open space and private streets shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land, for the benefit of residents of the development. The developer shall file with the Department of Development Services for recordation with the final subdivision map, legal documents which will provide for restricting the use of common spaces and common facilities for the designated purpose, as approved on the final development plan. The City may also require that the homeowners' association relinquish all development rights in common areas to the City. All common improvements, including but not limited to trails, project fencing, and common open space landscaping, shall be made by the developer prior to the sale of any lots and/or units. 5. Gasoline powered engines on existing oil pumping units shall be converted to electric motors prior to occupancy of the first unit. The developer shall establish a fund prior to recordation of the final map to be administered by the homeowners' association to cover the cost of landscaping well sites at the time they are abandoned. The amount of the fund shall be determined by the Director of Development Services. Fencing around the perimeter of any oil lots shall be set back fifteen (15) feet from the internal collector street and twenty (20) feet from Ellis Avenue. The setback area shall be landscaped in accordance with the City's Oil Code. 6. All fencing within the development shall be subject to approval by the Director of Development Services using guidelines from the development standards contained within page 31 of the Ellis-Goldenwest Specific Plan (attached for reference). The height, materials, and location of fencing along the equestrian trail shall be subject to the approval of the Department of Development Services. 7. Building setbacks within the subdivision shall be as follows: a. Front Yard Setbacks: 25 feet for front or side loading garages. b. Interior Side Yard Setbacks: An aggregate of 15 feet with a minimum of 5 feet on one side, provided further that the opposite side yard shall be 10 feet clear to the sky. PC Minutes - 2/18/87 -7- (7455d) c. Side Yard Setback on the Collector Street: A 5 foot landscaped buffer area shall be provided adjacent to the equestrian trail. Structures shall -be setback 10 feet from the landscape buffer; 15 feet from the trail. d. Rear Yard Setback: 25 feet e. Rear Yard Setback Along Ellis Avenue: 25 feet measured from behind the 15 foot wide landscaped uffer. f. All accessory buildings shall conform with the setback requirements of the main dwelling. 8. All prior oil well abandonments on the property shall be improved in accordance with the City of Huntington Beach and State standards. 9. The swale design material for nuisance water -flow as well as areas for flood protection shall be subject to the'review and approval of the Department of Public Works. 10. The applicant shall initiate a zone change application to remove the "0" suffix from all areas on the site that will not remain in oil production, prior to recordation of a final tract map. 11. Full disclosure of the conditions of approval adopted for Conditional Use Permit No. 86-63 and Tentative Tract No. 11769 shall be stated in the Department of Real Estate Report submitted to property owners within the development. 12. Natural gas and 220V electrical shall be stubbed in at the locations of clothes dryers at the time of development. 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. 13. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units at the time of development. 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. 14. Low -volume heads shall be used on all indoor faucets at the time of development. 15. All building spoils such a unusable lumber, wire, pipe, and other surplus or unusable material shall be disposed of at the time of development at an offsite facility equipped to handle them. 16. A fire sprinkler system shall be designed and installed in those structures as deemed necessary by the Huntington Beach Fire Department. PC Minutes - 2/18/87 -8- (7455d) 17. The developer shall provide for the boarding of one (1) horse per every two (2) dwelling units either on -site or in a common stable facility off -site. a. Each equestrian lot may satisfy the requirement for one (1) horse only. b. A single lot within the tract shall be provided as an on -site stable facility or a bond by the developer to satisfy the deficiency to be used for a common stable off -site. Bond amount to be determined by the Department of Development Services and posted prior to sale of the last unit within the tract unless developed in multiple phases in which case the bond shall be posted prior to sale of the last unit within the first phase or one year from date of approval. 18. The maximum number of homes permitted shall be 30. When oil operations cease on Lot 15, the lot cannot be subdivided into two residential lots. 19. No horse shall be kept, stabled or tethered on any parcel of less than 15,000 square feet in area. The following standards shall apply to the stabling of equines on individual lots: Number of Equines. Two (2) horses and immature offspring of up to twelve (12) months old may be kept on a lot of 15,000 square feet. Three or fewer horses may be kept on a lot of 20,000 square feet; four (4) horses are allowed on a 35,000 square foot lot up to a maximum of six (6) horses on a 40,000 square foot lot. - Yard Requirements. The yard requirements shall pertain to all structures that relate to horses including but not limited to stalls, corrals, arenas and fly -tight manure bins, except pastures or grazing areas. All such structures shall maintain a minimum distance of twenty-five (25) feet from any property line. This setback may be reduced when pads for corral areas are designated on each lot in a coordinated pattern. 20. The subject site is located within an archeologically sensitive area. Should any significant archeological material be found during construction, including rough grading and final grading, the developer shall cease operations and immediately contact the Department of Development Services for further direction. The City shall have the authority to require the developer to hire a licensed archeologist to survey the site and make recommendations for preservation of all items found on the site. PC Minutes - 2/18/87 -9- (7455d) CONDITIONS OF APPROVAL - TENTATIVE TRACT 11769: 1. The tentative map dated January 30, 1987,_shall be revised to show the following modifications: a. The 15 foot wide landscaped buffer adjacent to Ellis Avenue and the 5 foot wide landscaped buffer adjacent to Public Street "C" shall be lettered lots. 2. An internal collector street shall be dedicated in conformance with the alignment shown on the attached tentative tract map. The public right-of-way shall include an eight (8) foot earthen parkway. _ 3. Grading activities including grading for lots and building pads shall not involve more than 2 foot cut and 2 foot depth of fill on a maximum of 65 petcent of each lot. Exceptions to this condition may be granted by the Director of Development Services on a lot -by -lot basis pursuant to a showing of sufficient hardship. 4. The developer shall provide the design of street grades for Ellis Avenue from Edwards Street to Golaenwest "Street for Public Works Department approval. The developer shall construct improvements to Ellis Avenue adjacent to the first phase prior to occupancy of the first phase of the tract. The developer shall post a bond for improvements to Ellis Avenue adjacent to the second phase of the tract. 5. The cul-de-sacs on "A" and "B" Street serving lots in the first phase of the tract shall be temporary. Cul-de-sacs shall comply with City specification No.-401.7. When streets are constructed westerly the cul de sacs shall be removed and the standard street width shall be constructed through the cul-de-sac area. 6. "A" and "B" Streets shall be provided and be improved per Public - Works Department standards and requirements. Cul-de-sacs shall comply with City Specification No. 401.7 (80 foot diameter). The developer shall grant to all adjacent property owners an access easement across private streets within the development if access to their properties would otherwise be_ obstructed by this subdivision. A twenty foot (201) wide access easement shall be provided to the property to the west between Lots 26 and 27 of Tentative Tract 11769. The easement shall be recorded prior to the recordation of the final map. 7. The developer shall provide the City with an agreement from the property owner of Lots 16 through 30 for temporary cul-de-sacs and water lines extending on to the property. 8. Lots No. 1, 2, 3, 4, 16, 17 and 18 will not be permitted vehicular access onto Ellis Avenue. Lots No. 1, 8, 9 and 15 will not be permitted vehicular access onto Public Street "C". PC Minutes - 2/18/87 -10- (7455d) 9. Developer will be responsible for all signing, striping, street lighting, etc. on all streets including Ellis Avenue as deemed necessary by the Department of Public Works. 10. Street signs and lighting along Ellis Avenue shall be in conformance with Public Works Department specifications. Signing and lighting on Private Streets "A" and "B" shall be similar to those in Exhibit A (proposed lighting conformance in Ellis-Goldenwest Specific Plan) and shall be subject to the approval of the Director of the Department of Development Services. Lighting along Public Street "C" shall be as similar as possible to that on Private Streets "A" and "B" and shall be subject to the approval of the Director of Department of Development Services. Street lighting on "A" and "B" Streets shall be maintained by the Homeowner's Association. 11. Developer shall construct the required asphalt concrete transition for traffic from "C" Street onto Ellis Avenue. 12. Fire hydrants and water mains must be installed pursuant to Fire Department and Public Works Standards. Fire hydrants and water mains shall be dedicated to the City of Huntington Beach. 13. The water system shall be looped to Tract 11473. Water lines shall be dedicated to the City of Huntington Beach and provided within acceptable easements. The water system must be approved and installed prior to combustible construction. 14. The 12 inch dead-end water main in Ellis Avenue may not provide sufficient fire flows, depending on Fire Department flow requirements, and may be required to be upgraded by the developer. 15. The sewer mains in "A" and "B" Streets shall be private. Public sewer mains shall be constructed in "C" Street and Ellis Avenue to the tract boundaries. 16. Drainage from the project shall not enter the surrounding properties in a concentrated fashion, but the flows shall be spread out in a manner to be approved by the Department of Public Works. Drainage easements shall be provided as required by the City. 17. Adequate fire protection must be provided for the property surrounding the oil operation on Lot 15. Any oil well or former oil wells which are abandoned must be abandoned pursuant to Division of Oil and Gas and Fire Department Standards. 18. All surface access roads and hydrants shall be installed and made serviceable prior to and during the time of combustible construction. 19. Water shall be provided through the City of Huntington Beach Water Department Standards system. PC Minutes - 2/18/87 -11- (7455d) 20. All sewer facilities shall be constructed -in accordance with Department of Public Works standards. 21. The developer shall provide, as required, any applicable private or public sewer easements. 22. All storm drain facilities shall be constructed in accordance with acceptable Department of Public Works standards. 23. All storm drain facilities (i.e. pipes, swales, and ditches) shall be privately maintained. 24. The maintenance of any landscaping items in the public street right-of-way shall be the responsibility of the homeowner's association. 25. The Homeowner's Association shall be responsible for the maintenance of all landscaped buffer areas. 26. The developer shall install any traffic devices as deemed necessary by the Department of Public Works. 27. Because the water system in the area of the proposed tract is not considered acceptable at this time, the developer must agree to participate in the Reservoir Hill Assessment Distict. 28. Hydrology shall be approved by the Public Works Department. 29. The developer shall obtain approval from Orange County Sanitation District to sewer to its Slater Avenue facilities. 30. A slope easement on Lots 16, 17 and 18 shall be provided prior to approval of grading plans and shown on the final tract -map. 31. The developer may enter into a reimbursable agreement for the sewer line and oversized water line in Public Street "C" when property to the east" develops as per City Municipal Code. 32. The developer may enter into a reimbursable agreement for the off -site water line to the west of the tract by property owners to the west, should they utilize that line. 33. The developer shall dedicate and record by"separate instrument an 8 foot wide easement for an equestrian trail leading from Lots 18, 19, 26 and 27 of Tract 11769 westerly through the Fairview Addition toward the master planned equestrian trail located in the drainage swale. The 8 foot wide equestrian trail between lots 18 and 19 shall provide equestrian access from Public Street A westerly through the Fairview Addition toward the major drainage swale. PC Minutes - 2/18/87 -12- (7455d) 1 [I C-3 CONDITIONAL USE PERMIT NO. 86-34/CONDITIONAL EXCEPTION (VARIANCE) NO. 86-113 CONTINUED FROM FEBRUARY 31 1987 PLANNING COMMISSION MEETING) APPLICANT: RAMESH BAJARIA Conditional Use Permit No. 86-34 and Conditional Exception No. 86-113 were continued from the February 3, 1987 Planning Commission meeting as requested by the applicant in order to prepare revised plans. The applicant is requesting another two week continuance to the March 3, 1987 meeting to allow more time to complete the plans. Waiver of the mandatory processing date has been agreed to by the applicant. Conditional Use Permit No. 86-34 is a request to demolish an existing service station and install a self -serve gas station, and to expand and remodel an existing car wash. Conditional Exception No. 86-113 is to allow a reduction in planter width along Beach Boulevard. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 86-34 and Conditional Exception No. 86-113 to the March 3, 1987 Planning Commission meeting as requested by the applicant. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the request. A MOTION WAS MADE BY LEIPZIG, SECOND BY SCHUMACHER, TO CONTINUE CONDITIONAL USE PERMIT NO. 86-34 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 86-113, WITH PUBLIC HEARING LEFT OPEN, TO THE MARCH 3, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: None ABSTAIN: None MOTION PASSED Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood None C-4 CONDITIONAL USE PERMIT NO. 86-57 APPLICANT: PADDOCK & FLAIR ARCHITECTS The Planning Commission continued Conditional Use Permit No. 86-57 from their February 3, 1987 meeting and directed the applicant to negotiate with the adjacent northerly property owner in either aquiring the parcel for a consolidated development or to provide revised plans indicating integrated driveway and reciprocal access. Conditional Use Permit No. 86-57 in conjunction with Negative Declaration 86-61 is a request to construct a three story, 53 unit motel which includes a manager's unit on the west side of Beach Boulevard north of Garfield Avenue. PC Minutes - 2/18/87 -13- (7455d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Conditional Use Permit No. 86-57 to the March 31 1987 Planning Commission meetin and direct the applicant to attempt in writing acquisition of the adjacent northerly lot for a consolidated development. THE PUBLIC HEARING WAS OPENED Ken Paddock, architect, spoke in support of the project and addressed his concerns with the common drive, the written offer and the benefits of having another motel in the area. Mr. Patel, spoke in support of his proposed motel. He feels the location will be beneficial to the City. Rily Young, 18751 Beach Boulevard, spoke in opposition to the motel. She feels that a motel will be an over -utilization of the lot. There were no other persons present to speak for or against the proposed project and the public hearing was closed. A MOTION WAS MADE BY SILVA, SECOND BY LEIPZIG, TO CONTINUE CONDITIONAL USE PERMIT NO. 86-57 WITH THE PUBLIC HEARING LEFT OPEN, TO THE MARCH 3, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-5 CONDITIONAL USE PERMIT NO. 86-66/COASTAL DEVELOPMENT PERMIT NO. 8.7-_2/_CONDITIONAL EXCEPTION (VARIANCE),NO. 87-12 APPLICANT: MARVIN FRACE, D.V.M. Conditional Use Permit No. 86-66 is a request to operate a full service veterinary hospital located at 21532 Brookhurst Street. The applicant's business, called the Hamilton Animal Clinic, is currently located 300 yards west of the proposed location. The proposal is to remodel and add 1,264 square feet to an existing building to accommodate relocation of an expanding business. The existing building was previously a bank which was reviewed and approved in 1980 by the Board of Zoning Adjustments under Use Permit No. 80-5 and Conditional Exception No. 80-6. PC Minutes - 2/18/87 -14- (7455d) The building was originally approved with an 8 foot wide landscape planter including 2 feet for vehicle overhang. The current Zoning Code, Section 9600.21, requires a 10 foot wide planter before vehicle overhang. Due to existing conditions it is not possible to increase the planter width so the applicant has requested a conditional exception for a 4 foot reduction in planter width. The project is located adjacent to the Santa Ana River in the appealable portion of the Coastal Zone thus requiring a coastal development permit. ENVIRONMENTAL STATUS: The proposed project is exempt Class 3 Section 15303 from the provisions of the California Environmental Quality Act. COASTAL STATUS: The project is located in the Appealable portion of the Coastal Zone and requires a coastal development permit for an addition to the, building. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 86-66, Coastal Development Permit No. 87-2 and Conditional Exception (Variance) No. 87-12 to the March 31 1987 Planning Commission meeting at the applicant's request. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the project. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SUMMERELL, TO CONTINUE CONDITIONAL USE PERMIT NO. 86-66/COASTAL DEVELOPMENT PERMIT NO. 87-2/CONDITINAL EXCEPTION (VARIANCE) NO. 87-12 WITH THE PUBLIC HEARING LEFT OPEN, TO THE MARCH 3, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, PC Minutes - 2/18/87 -15- (7455d) C-6 CONDITIONAL USE PERMIT NO. 87-3/CONDITIONAL EXCEPTION (VARIANCE) APPLICANT: A CHILD'S VIEW Conditional Use Permit No. 87-3 and Conditional Exception No. 87-13 is a request to permit a preschool and kindergarten for 75 students at the closed Pleasant View Elementary School located at 16692 Landau Lane. The applicant is requesting a conditional exception to the fencing and parking requirements contained in the Ordinance Code. ENVIRONMENTAL STATUS: The proposed project is exempt Class l(a) Section 15302 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-3 and Conditional Exception No. 87-13 based on the findings and conditions of approval outlined in this report. THE PUBLIC HEARING WAS OPENED Cynthia D. Hewitt, 9161 Obsidian Drive, spoke in support of the project. She presented petitions to the Commission in support. She stated that there are presently no parking problems and that the residents in the surrounding neighborhood are pleased that the schoo is being used because it cuts down on vandalism. Tracy Savage, 16691 Landau Lane, spoke in support of the project. She stated that she is -not opposed to a chain link fence. She also stated that she has been counting the cars arriving and departing from the school and on an average day there are 20 cars per day. Charles Vogelgesang, 16671 Landau Lane, spoke in opposition to the project. He explained that he was not opposed to a pre-school, however he was opposed to the proposed fencing of the school. He feels that the fencing will block the open view enjoyed by the surrounding residents and will eliminate the neighborhood use of the park to the north of the site. Rik Gagnon, 16701 Landau Lane, expressed his concerns regarding the project. He feels that the school will create a parking problem in the neighborhood and would like to see it located at an alternative location. Michael Johnson, 16651 Landau Lane, spoke in opposition to the proposed project. He asked that staff review the number of classes already located in this school and investigate the possibility of relocating the proposed pre-school to an alternative location. He feels that the additional school will pose a real parking and traffic problem in the neighborhood. PC Minutes - 2/18/87 -16- (7455d) Milt Berg, Oceanview School District, spoke in support of staff's recommendation to approve the proposed project. He stated that most of the school sites do have chain link fencing and that the school district was prepared to be cooperative in solving any parking or traffic problems that may occur. He also stated that the district will be responsible for maintaining all parking lots and the school grounds and that the park located to the north of the site would not be involved in the proposed project. There were no other persons present to speak for or against the project and the public hearing was closed. The Commissioners expressed some concern over the number of facilities located at this particular school site. They suggested that staff do more investigating into the numbers and to check out the traffic flow to these school sites. A MOTION WAS MADE BY SCHUMACHER, SECOND BY SILVA, TO CONTINUE CONDITIONAL USE PERMIT NO. 87-3 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-13 TO THE MARCH 3, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengoos NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, C-7 CONDITIONAL USE PERMIT NO 87-5/CONDITIONAL EXCEPTION (VARIANCE NO. 87-9 APPLICANT: FHP, INC. Conditional Use Permit No. 87-5 is a request to permit the establishment of 25,859 square feet of medical offices primarily serving senior citizens within an existing commercial center located at the southeast corner of Magnolia and Garfield (Garfield Plaza). Conditional Exception No. 87-9 is a request to permit a reduction in the required parking. According to the Huntington Beach Ordinance Code there is a parking shortage of 67 spaces. ENVIRONMENTAL STATUS: The proposed project is exempt Class 1 Section 15301 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-5 and Conditional Exception No. 87-9 based on the findings and conditions of approval. PC Minutes - 2/18/87 -17- (7455d) THE PUBLIC HEARING WAS OPENED Raymond Hadden, Associate Vice President of FHP, Inc., spoke in support of the project. He stated that he feels that the project will benefit the entire area especially for the senior citizens of the community. Jack Greenspan, FHP, Inc., spoke in support of the proposed project and explained the shared parking arrangement. Jim Lizzi, FHP, Inc., spoke in support of the project. Raymond Hall, 9171 Heatherton Circle, asked why FHP, Inc. was proposing to use only 60% of the facility. He also stated that he felt that the facility would be overbuilt for the available parking. Ray Hadden, FHP, Inc., stated that they were prepared to use security personnel for traffic control in the parking lot. He stated that he feels the project will benefit the merchants located in the center. He further explained that the plans were to maximize the Dial -A -Ride programs available and that they plan to monitor the traffic on a daily basis. He stated that their alternative plans regarding parking would include either providing transportation from the Talbert/Brookhurst facility to the proposed site or utilizing the K-Mart parking lot across the street from the site. There were no other persons present to speak for or against the project and the public hearing was closed. It was suggested by the Commission that a condition be added to include a parking analysis to be completed by the applicant every 6 months for 2 years to be reviewed by the Planning Commission. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 87-5 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-9, WITH FINDINGS AND ADDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSENT: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 87-5: 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; b. Property and improvements in the vicinity of such use or building because the hours of operation shall be limited to 8:00 AM and 6:00 PM. PC Minutes - 2/18/87 -18- (7455d) 1 2. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map which designates this site as General Commercial. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 87-9: 1. The granting of Conditional Exception No. 87-9 to allow for a reduction of 67 parking spaces on the site will not be detrimental to other merchants or patrons on the site because the parking shortage is based on peak volumes for each separate use on the site, not on a shared parking concept which recognizes that different land uses have different peak hours and days of operation. 2. The granting of Conditional Exception No. 87-9 to allow for a reduction of 67 parking spaces on the site will not be detrimental to other merchants or patrons on the site because a further reduction in parking demand will be achieved as a percentage of members of the facility who are senior citizens will choose an alternate method of transportation such as buses. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated February 11, 1987, shall be the approved layout. 2. Total enrollment for the Senior Medical Center shall not exceed 10,000 members. FHP shall submit verification of membership to the Department of Development Services on an annual basis. 3. The maximum number of patient appointments shall not exceed 300 scheduled appointments per day. 4. Hours of operation shall be limited to Monday through Friday, 8:00 AM to 6:00 PM. Any additional hours or days of operation shall be subject to review of the Planning Commission and their determination of whether or not a conditional use permit would be required. 5. Prior to occupancy, the applicant shall submit to the Department of Development Services a parking management plan. The plan shall designate parking spaces in the rear of building 300 as employee parking for FHP and other commercial tenants of that building. FHP shall provide security in the parking lot to insure their employees utilize the designated parking area. 6. The medical services offered at the center shall be primarily for senior citizens. A change in the nature of the operation (i.e. senior medical care to general practice/obstetrics) shall be subject to the filing of a new conditional use permit. PC Minutes - 2/18/87 -19- (7455d) 7. Plans for remodeling the interior of the structure must be submitted to the Fire Department for review and approval. The automatic sprinkler system must be brought up to current standards including provisions to sprinkle the mansard area. 8. All exiting must comply with the Uniform -Building Code. 9. Should any medical gas systems be installed, the system must be approved by the Fire Department. 10. Construction of tenant improvements shall comply with the Huntington Beach Municipal Code Section 8.40. 11. A parking analysis and study under the control of Development Services Department will be conducted every 6 months for a period of 2 years and submitted to the Planning Commission; it shall correlate with the appointments on the day of the analysis. If there is a deficiency in parking,noted in the analysis the applicant will be responsible for a solution to the problem. C-8 CONDITIONAL USE PERMIT NO. 87-7 APPLICANT: NASH MEGJI - SNAPPERS'S RESTAURANT Conditional Use Permit No. 87-7 is a request for live entertainment (live music for dancing and listening) in an existing restaurant located within Loehman's Five Points Plaza. In addition, the applicant is seeking approval to place six tables outside the restaurant to be used for outdoor dining. ENVIRONMENTAL STATUS: The proposed project is exempt Class 1 Section 15303 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-7 based on the findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Nash Megji, applicant, spoke in support of the project and was available to answer any questions. There were no other persons present to speak for or against the project and the public hearing was closed. PC Minutes - 2/18/87 -20- (7455d) A MOTION WAS MADE BY HIGGINS, SECOND BY SILVA, TO APPROVE CONDITIONAL USE PERMIT NO. 87-7 BASED ON FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Schumacher (Out of Room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of live entertainment (live music for dancing and listening) will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; adequate buffering to residentially zoned properties to the west is provided by parking, drive aisle, landscape and an 80 foot wide arterial street; the proposed live entertainment substantially complies with the criteria in Section 9220.18 of the Ordinance Code. b. Property and improvements in the vicinity of such use or building. 2. The proposal is consistent with the City's General Plan of Land Use which designates this site as General Commercial. CONDITIONS OF APPROVAL: 1. The floor plans received and dated February 31 1987, shall be the approved layout. 2. Hours of live music shall be limited to: Tuesday, Wednesday, Thursday, Sunday 9:00 PM to 12:30 AM Friday, Saturday 9:00 PM to 1:30 AM 3. The dance floor shall be limited to 100 square feet. The stage area shall be no larger than 10 feet by 5 feet. 4. An entertainment permit shall be submitted and approved prior to the establishment of the live entertainment within the restaurant. 5. The proposed use shall comply with all applicable Fire and Building codes, including Chapter 33 of the Uniform Building Code. PC Minutes - 2/18/87 -21- (7455d) 6. The proposed live entertainment shall comply with Chapter 8.40 "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment, the Planning Commission reserves the right to require the applicant to mitigate the noise level. 7. A maximum of six tables shall be placed outside the restaurant, adjacent to the storefront, to be used for outdoor dining. The maximum dimension of table tops shall be 24 inches in diameter if round and 24 inches along one side if square. 8. Outdoor dining shall be permitted seven days per week from 11:00 AM to 4:00 PM. 9. This conditional use permit shall run with the applicant, Nash Megji. 10. The primary use of the building shall be dining and the sale of seafood. Dancing and live entertainment shall be a secondary use. 11. 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. C-9 CONDITIONAL USE PERMIT NO. 87-7/CONDITIONAL EXCEPTION (VARIANCE) NO. 87-11 APPLICANT: ROBERT KRATZ/GERALD NICHOLAS Conditional Use Permit No. 87-6 is a request to upgrade a non -conforming structure (detached single -story dwelling) by completely demolishing it and constructing a new two-story building consisting of a dwelling unit above a three -car garage. The structure is non -conforming because the lot is substandard in size; the lot size is 5,175 square feet and 45 feet in width. This size allows only one unit under Section 9130.5 of the Townlot Specific Plan. Conditional Exception (Variance) No. 87-11 is to allow a two-story structure in lieu of one-story (Section 9652(b)2) and to permit the new structure to exceed 10 percent of the floor area of the existing structure (Section 9652(b)3). ENVIRONMENTAL STATUS: The proposed project is exempt from the provisions of the California Environmental Quality Act. F� PC Minutes - 2/18/87 -22- (7455d) 1 STAFF RECOMMENDATION: Deny Conditional Use Permit No. 87-6 and Conditional Exception (Variance) No. 87-11 based upon findings and direct staff to initiate a code amendment to allow one unit for each 21500 square feet of land area for lots under 50 feet in width. THE PUBLIC HEARING WAS OPENED Robert Kratz, applicant, stated that he would agree to postponing his project until a code amendment could be passed however he would prefer to proceed with his project. He agreed to waive the mandatory processing date on his application. There were no other persons present to speak for or against the project and the public hearing was closed. Staff was requested to initiate a code amendment as soon as possible to modify the Townlot density standard to permit the development of duplexes on lots with less than fifty feet of frontage. Staff stated that a code amendment would take approximately 60 to 90 days to process. The applicant concurred with the continuance. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO CONTINUE CONDITIONAL USE PERMIT NO. 87-6 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-11 TO THE MAY 19, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/18/87 -23- (7455d) D. ITEMS NOT FOR PUBLIC HEARING D-1 REVIEW OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT NO. 86-35 APPLICANT: J. M. PETERS A request to approve a revised perimeter wall which does not include the use of plaster as required in Condition 2.b of Conditional Use Permit No. 86-35. The location of the project is the southeast corner of Magnolia Street and Atlanta Avenue. STAFF RECOMMENDATION: Review revised perimeter wall plans and make motion as deemed appropriate. The Planning Commission determined that the perimeter wall complies with the intent of Condition No. 2.b of the approved conditional use permit. _ A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, -,TO APPROVE THE CONCEPTUAL PLANS DATED FEBRUARY 18, 1987, FOR,PERIMETER-BLOCK WALLS OF THE SUBDIVISION AT THE SOUTHEAST-CORNER-OF,MAGNOLIA STREET'AND ATLANTA AVENUA (CONDITIONAL USE PERMIT NO. 86-35) BY THE FOLLOWING VOTE: AYES: Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood :. r NOES: None - ABSENT: t _ Silva (Out of Room) y ABSTAIN: None MOTION PASSED D-2 WAIVE MADDY ACT;- RECONSIDER VOTE_,ON-LAND USE ELEMENT AMENDMENT NO. 87-1/ENVIRONMENTAL IMPACT REPORT 87-1 PURSUANT TO GOVERNMENT CODE, SECTION 54956.5 This item was added to the agenda because the matter was not known prior to the posting of the agenda and that i-t is a matter- or urgency pursuant to Section 54956."5.of the Gover_.nment Code. A MOTION WAS MADE BY SILVA, SECOND BY SCHUMACHER_, TO.WAIVE THE MADDY,; ACT, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/18/87 -24- (7455d) ON MOTION BY PIERCE, SECOND BY HIGGINS, ACTION TO RECONSIDER THEIR FEBRUARY 10, 1987 VOTE ON AREAS 2.3 AND 2.4 OF LAND USE ELEMENT NO. 87-1/ENVIRONMENTAL IMPACT REPORT NO. 87-1, BY THE FOLLOWING VOTE: AYES: Leipzig, Schumacher, Summerell, Silva NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Livengood, Pierce, Higgins, A MOTION WAS MADE BY SCHUMACHER, SECOND BY LEIPZIG, TO APPROVE A LOW DENSITY RESIDENTIAL DESIGNATION IN AREA 2.3, BY THE FOLLOWING VOTE: AYES: Schumacher, Livengood, Leipzig NOES: Pierce, Summerell, Higgins ABSENT: None ABSTAIN: Silva MOTION FAILED A MOTION WAS MADE BY PIERCE, SECOND BY HIGGINS TO RETAIN MEDIUM DENSITY RESIDENTIAL DESIGNATION IN AREA 2.3, BY THE FOLLOWING VOTE: AYES: Pierce, Higgins, Summerell NOES: Schumacher, Leipzig, Livengood ABSENT: None ABSTAIN: Silva MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO RETAIN MEDIUM DENSITY RESIDENTIAL IN AREA 2.4, BY THE FOLLOWING VOTE: AYES: Leipzig, Schumacher, Livengood, Pierce, Higgins, Summerell NOES: None ABSENT: None ABSTAIN: Silva MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE LAND USE ELEMENT AMENDMENT 87-1/ENVIRONMENTAL IMPACT REPORT NO. 87-1, BY THE FOLLOWING VOTE: AYES: Leipzig, Schumacher, Livengood, Pierce, Higgins, Summerell NOES: None ABSENT: None ABSTAIN: Silva MOTION PASSED PC Minutes - 2/18/87 -25- (7455d) E. DISCUSSION ITEMS None F. PENDING ITEMS UPDATE ON 3311 EASTER - SINGLE FAMILY DWELLING BEING USED AS DUPLEX AND PEOPLE LIVING ON BOATS DOCKED AT RESIDENCE. NORTHEAST CORNER OF GARFIELD AND GOLDENWEST - CODE VIOLATIONS MARION PROPERTY - SAFETY HAZARDS EXIST - ARENA BEING USED BY CHILDREN HORSES G. PLANNING COMMISSION ITEMS A MOTION WAS MADE BY PIERCE, SECOND BY HIGGINS, TO APPOINT COMMISSIONERS LEIPZIG AND SCHUMACHER AND COMMISSION LIVENGOOD AS ALTERNATE TO THE HAZARDOUS MATERIALS WASTE COMMITTEE, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell NOES: None ABSENT: None ABSTAIN: Livengood MOTION PASSED H. DEVELOPMENT SERVICES ITEMS None I. ADJOURNMENT A MOTION WAS MADE BY PIERCE, SECOND BY SILVA, AT 11:20 PM, TO ADJOURN THE MEETING TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING, TUESDAY, MARCH 3, 1987 AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED APP OVED: I dx Jqftfes W. Pa in, Se retary K nt M. Pierce, Chairman - a PC Minutes - 2/18/87 -26- (7455d)