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HomeMy WebLinkAbout1987-03-03APPROVED 3/17/87 MINUTES HUNTINGTON BEACH PLANNING COMMISSION March 31 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: A-1 Minutes - February 31 1987 Planning Commission meeting A-2 Minutes - February 10, 1987 Planning Commission meeting A MOTION WAS MADE BY HIGGINS, SECOND BY SCHUMACHER, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 3, 1987, AND FEBRUARY 10, 1987, AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B. ORAL COMMUNICATIONS AND COMMISSION ITEMS A presentation was made to past Planning Commission Chairman, Tom Livengood, in appreciation of service. Presentations were also made to former Commissioners John Erskine, Frank Mirjahangir, Richard Rowe, Marc Porter and Grace Winchell. Commissioner Silva suggested that the new policies regarding public hearings that were adopted by the City Council be implemented by the Planning Commission. Discussion of the new policies will be put on the March 17, 1987 Planning Commission agenda. Commissioner Silva requested that staff have the Planning Commission Agendas published in the local newspaper. Staff was requested to -prepare a report on the horse stables on A.C. Marion's property. Dean Albright, Environmental Board, expressed the concerns of the Environmental Board regarding the Draft Environmental'Impact Report for the proposed Beach Boulevard Redevelopment Project Area: He stated that he has prepared a letter covering the concerns'of the Environmental Board and sent it to the Redevelopment staff. He wishes to address the concerns during a public hearing on the draft environmental impact when scheduled. 1 PC Minutes - 3/3/87 -2- (7557d) C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO. 86-34 IN CONJUNCTION WITH CONDITIONAL EXCEPTION VARIANCE NO. 86-113 APPLICANT: RAMESH BAJARIA Conditional Use Permit No. 86-34 and Conditional Exception No. 86-113 were continued from the February 18, 1987 Planning Commission meeting as requested by the applicant in order to prepare revised plans. Due to extensive changes to the plans, the applicant is requesting that the Planning Commission table the request. When new plans are submitted, the entitlements will be rescheduled and new public notices sent. Conditional Use Permit No. 86-34 is a existing service station and install a to expand and remodel an existing car No. 86-113 is to allow a reduction in Boulevard. STAFF RECOMMENDATION: request to demolish an self -serve gas station, and wash. Conditional Exception planter width along Beach Table Conditional Use Permit No. 86-34 and Conditional Exception No. 86-113 as requested by the applicant. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO TABLE CONDITIONAL USE PERMIT NO. 86-34 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 86-113, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-2 CONDITIONAL USE PERMIT NO. 86-57 AND NEGATIVE DECLARATION NO. 86-61 APPLICANT: PADDOCK & FLAIR ARCHITECTS 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. The Planning Commission continued Conditional Use Permit No. 86-57 from their February 18, 1987 meeting and directed the applicant to continue negotiations with the adjacent northerly property owner in an attempt to acquire the parcel for a consolidated development. PC Minutes - 3/3/87 -3- (7557d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Conditional Use Permit No. 86-57 and Negative Declaration No. 86-61 to the March 17, 1987 meeting in order for both property owners to complete negotiations for a possible consolidated development. THE PUBLIC HEARING WAS OPENED Mr. Patel, applicant, spoke in support of the project and requested a continuance. James Shen, D.D.S., 18751 Beach Boulevard, requested that the Planning Commission deny the request. He stated that if Mr. Patel was to proceed with his request to construct a motel then he would propose a motel project on his property also. He further stated that he has submitted an offer to purchase Mr. Patel's property in order to have a consolidated project. Riley Young, D.D.S., 18751 Beach Boulevard, spoke in opposition to the request. She stated that her family has been in the motel business for years and will be involved in any plans to develop the adjoining property as -a motel. There were no other persons present to speak for or against the proposed project and the public hearing was closed. - Commissioner Summerell wanted it stated for the record that he was personally opposed to the development of any more motels on Beach Boulevard because of the prostitution problem. Commissioner Livengood stated that he feels enough time has been spent -in negotiations on this proposal and that either an approval or denial should be made at the next meeting. A MOTION WAS MADE BY LEIPZIG, SECOND BY SILVA, TO CONTINUE CONDITIONAL USE PERMIT NO. 86-57 AND NEGATIVE DECLARATION NO. 86-61 TO THE MARCH 17, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, 1 PC Minutes - 3/3/87 -4- (7557d) C-3 CONDITIONAL USE PERMIT NO. 86-66/COASTAL DEVELOPMENT PERMIT NO. 87-2/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. 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't•o 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. 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 RECOMENDATION: Approve Conditional Use Permit No. 86-66, Coastal Development Permit No. 87-2 and'Conditional,Exception (Variance) No. 87-12 based.on the findings and conditions of approval outlined in this report. THE PUBLIC HEARING WAS OPENED Dr. Frace, applicant, spoke in support,of the.request., He expressed concern over three of the conditions of approval. All of the conditions depended on written approval or authorization from outside agencies to obtain building permits. He stated that he has 'verbal,approval and authorization on all conditions and was awaiting them in writing. He requested that his building permits not be held up for written authorization. He suggested that the conditions require written authorization before a certificate of occupancy be issued. Ralph Barrett, 118 20th. Street, spoke in support of the request. There were no other persons present to speak for or against,the 'request and the public hearing was closed. PC Minutes - 3/3/87 -5- (7557d) A MOTION WAS MADE BY SCHUMACHER, SECOND BY HIGGINS, TO APPROVE CONDITIONAL USE PERMIT NO. 86-66, COASTAL DEVELOPMENT PRMIT NO. 87-2 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-12, BASED ON FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR.APPROVAL - CONDITIONAL USE PERMIT NO. 86-66: 1. The proposed veterinary hospital is compatible with existing or 'proposed uses'in the'neighborhood. 2. The establishment, maintenance and`operation of the proposed {� veterinary hospital will not be -detrimental a. The general welfare,of persons residing or working in tht. e vicinity; b. Property and improvements in the vicinity. 3. The proposal for a veterinary hospital is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The location, site layout, and design of the proposed veterinary''hospital 'properly ad'apts•the'existing building and proposed addition to streets, driveway's, and other adjacent structures and uses in a harmonious manner. 5. The access to and parking for the proposed veterinary hospital •does not create an undue traffic problem. INDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-2: I., Development Development of the proposed veterinary hospital will be consistent with the policies of the Coastal Element of the City's General Plan and conforms with the plans, policies,, requirements and standards of the coastal land use plan. 2. The coastal development permit is"consistent'with the commercial zoning as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The subject property is provided with adequate services in a manner consistent with the coastal land use plan. ,4. The proposed veterinary hospital conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. PC Minutes,- 3/3/87 -6- (7557d) FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 87-12: 1. The granting of a conditional exception for reduced planter width along Brookhurst Street will not be out of character with the surrounding properties and will not constitute a grant of special privilege inconsistent upon, other properties in the vicinity and under an identical zone classification because the project area is providing a greater planter width than that existing on adjacent properties. 2. Because of special circumstances of the subject property; that is the location of the existing building, driveways and landscaping, 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. 3. The granting of a conditional exception for reduction in landscape planter width is necessary in order to preserve the enjoyment of one or more substantial property rights. Modification of the existing planter to a 10 foot width would require removing a portion of a building approved in 1980. 4. The granting of Conditional Exception No. 87-12 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications because 3 percent additional overall site landscaping is being provided. 5. The granting of the conditional exception for reduced planter width will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received an-d dated January 29, 1987, shall be the approved layout. 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. 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. 3. Fire access lanes shall be maintained. If fire lane .violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 4. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at'an off -site facility equipped to handle them. PC Minutes,7_3/3/87 -7- (7557d) 5. Proposed structure's�-shall be architectura-lly---compatible-with existing structures. -= - - - 6. Natural-gas shall be`stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on ,all spigots -,and water faucets. 8. If lighting is included in the parking lot,Jiigh-pressure sodium vapor lamps shall'be used for-eneigy.sayings, All outside lighting shall be directed to -prevent "spillage" onto adjacent properties. 9. All applicable Public Works fees shall be paid prior to issuance of building -permits. 10. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 11. Prior to issuance of building permits the -,applicant shall restripe the parking lot so that it conforms.to provisions of Article 960 6f'the,Huntington'13each Ordinance'Code. 12. Prior'to the issuance of certificate of occupancy, the subject property shall obtain a license -agreement with the Orange County Sanitation Di -strict to•=use the`30--f6ot'easement adjacent to, the site ,as 'parking and-t'urn'6round area' A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the,Office of the County Recorder. A copy shall be filed with the Department of Development Services,prior to certificate of -occupancy being issued., 13. Prior to issuance of certificate'of occupancy, the -subject property shall enter into irrevocable reciprocal driveway ,easement between the subject site and adjacent property to the north. A copy of the,legal instrument shall be approved by, the City Attorney as to .form and content and;, when approved, shall be recorded ,in -the Office of the 'Coubty Recorder. A copy shall be f-iled with "the Department 'of Development' Services prior to certifidaterof occupancy being issued. 14. Prior to the issuance of building, perm its the, applicant shall submit an acoustical report. The report„shal.l, be- done- by an acoustical engineer--recommending,-%f-necessary; outside wall treatment to minimize noise impacts on adjacent commercial uses and residential uses across the street. This report shall be reviewed -and approved by the Director of Development Services. PC'.Minutes - 3/3/87 -8- r '(7557d)^ 1 C-4 CONDITIONAL USE PERMIT NO. 87-3/CONDITIONAL EXCEPTION (VARIANCE) NO. 87-13 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. Conditional Use Permit No. 87-3 No. 87-13 was continued from the Commission meeting. A number of in the neighborhood and Planning researched these concerns. ENVIRONMENTAL STATUS: and Conditional Exception (Variance) February 18, 1987 Planning concerns were voiced by residents Commission members. Staff has 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 (Variance) No. 87-13 based on the findings and revised conditions of approval. THE PUBLIC HEARING WAS OPENED Cynthia Hewitt, applicant, spoke in support of the request and stated that she does not feel her project will create problems. Charles A. Vogelgesang, 16671 Landau Lane, spoke in opposition to the request, especially the fencing. He requested that the boundaries of the park be checked. Patrick Savage, 16691 Landau Lane, spoke in support of the request. He feels that taxpayers should not pay for empty school. buildings and that a pre-school is a good use. He expressed concern that the trash containers should be enclosed. Tracy Savage, 16691 Landau Lane, spoke in support of the request. She has counted the number of cars over a 6 day period during a 20 minute span of dropping off children. The average was 4 vehicles per 20 minute period. Michael Johnson, 16651 Landau Lane, spoke in opposition to the request. He is opposed to the installation of the fence and feels the pre-school will cause traffic problems. PC Minutes - 3/3/87 -9- , (7557d ) Milton Berg, Oceanview School District, -spoke in -support of the request. He stated that the fence is being installed'on school property and"does not involve the park- prope,r,ty,-,;- He,_further stated that there will be daily maintenance,and custodian services at the school and that the trash problem will be addressed. There were no other persons present to speak for, -or -.against the - request and the public hearing was closed. A MOTION WAS MADE BY SILVA, SECOND BY SCHUMACHER, TO APPROVE CONDITIONAL USE -PERMIT -NO. 87-3, CONDITIONAL,,EXCEPTION-(VARIANCE) NO. 87-13, WITH FINDINGS AND REVISED,CONDITIONS OF -APPROVAL, -BY THE FOLLOWING VOTE:, AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 87-3: 1. The proposed day care operation for 75-children will not have a detrimental effect upon the,general health, welfare, safety persons residing or working,in;the and convenience of '_ '_ ,. neighborhood and is not detrimental to the value of the property and improvements-in,the neighborhood.- 2. Access to and parking for the day care operation for 75 children will not cause undue traffic problems. 3. The proposed day care operation for 75. children is compatible with the intended use"of the property for school purposes. 4. The proposed day care operation for 75 children is consistent with the goals and objectives of the General -Plan, because the property was originally -developed as a school site. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 87-13: 1. The use of a chain link fence surrounding the outdoor play area in lieu of the required masonry wall will not be detrimental to the general -welfare of,persons,_residing or , working in the vicinity:- There will be no adve_rse,noise impacts on adjacent residential properties due to the - preschool's location within a former elementary school site .and the distance between the preschool structure and the residential development. PC Minutes - 3/3/87 -10- (7557d) 2. The granting of Conditional Exception No. 87-13 for reduction in required parking will no have an adverse effect on adjacent properties because there will be at least 9 parking spaces which can be used by parents dropping off and picking up their children from the preschool. Should any unforeseen parking problem arise, the Ocean View School District will provide additional on -site parking. 3. The granting of Conditional Exception No. 87-13 will not adversely effect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. The fence along Landau Lane shall be set back a minimum of two feet from the sidewalk. The applicant shall install landscaping in front of the fence so that it is aesthetically pleasing from Landau Lane. b. The fencing within the asphalt court area shall be located in such a manner as to preserve to the greatest extent possible the existing recreational facilities at the school site, while at the same time providing a secured outdoor play area conveniently located for the children at the preschool. 2. The proposed use shall comply with all applicable provisions of the City's Ordinance Code and building division. 3. The day care operation shall be limited to an enrollment of no more than 75 children. Any expansion in number shall require approval of the Planning Commission. 4. The conditional use permit shall apply only to the rooms labeled "2A, 2C, 2D, 2F and restrooms 2G and 2J" on the site plan. Any expansion in area of the day care center shall require approval of the Planning Commission. 5. Prior to operation of the day care operation, the applicant shall obtain approval from Orange County Social Services Department. 6. The applicant shall file with the Department of Development Services a copy of the license issued by the Department of Social Services. 7. Restroom facilities shall be reviewed and approved by the Department of Social Services. PC Minutes - 3/3/87 -11- (7557d) 8. The day care facility shall operate between the hours of 6:30 AM and 6:00 PM daily. 9. The applicant shall obtain a business license from the City of Huntington Beach. 10. On -site parking shall be monitored by staff. Should any complaints be received by adjacent neighbors and staff determines that there is not sufficient parking on -site, the Ocean -View School District shall provide additional on -site parking. 11. This conditional use permit shall become null and void should the Ocean View School District allow any additional organizations (not including the previously approved preschool and the JCET program) to operate on a daily basis at the school site. 12. The Planning Commission reserves, the right to review/revoke this conditional use permit approval in the event of any violations of the terms of this approval, or violation of the applicable zoning laws, or upon receipt of several complaints from surrounding residents; any such decision shall be preceded by notice to the applicant, a public hearing, and shall be based on specific findings. 13. The applicant shall furnish the City with 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. 14. All signs shall comply with Article 961 of the Huntington Beach Ordinance Code and shall be subject to a sign permit. 15. The gates in the chain link fence shall be approved by the Fire Department. 16. The project shall be in full compliance with State Fire Marshal standards. 17. One parking space shall be designated as loading and unloading. The location of the space is subject to the review and approval of Development Services. 1 PC Minutes - 3/3/87 -12- (7557d) A C-5 CONDITIONAL USE PERMIT NO. 87-2 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-14 APPLICANT: MONTESSORI SCHOOL OF HUNTINGTON BEACH Conditional Use Permit No. 87-2 and Conditional Exception (Variance) No. 87-14 is a request to permit a preschool for children aged 2 through 6 for 88 students at the closed Glen View Elementary School located at 6621 Glen Drive (east of Edwards and south of McFadden). 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. 87-2 and Conditional Exception (Variance) No. 87-14 based on the findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Marina Williams, applicant, spoke in support of the request. She stated that Social Services has approved up to 1§1 students. She requested that the Commission grant her approval of up to 120 students and allow her to apply for an expansion later. She further stated that she cannot financially manage with only 88 students as staff has recommended. Russell Reed, 18700 Beach Boulevard, spoke in support of the request. He encouraged the Commission to allow the applicant to have at least 120 students. Melton Burke, School District, spoke in support of the request. There were no other persons present to speak for or against the project and the public hearing was closed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO APPROVE CONDITIONAL USE PERMIT NO. 87-2 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-14 FOR UP TO 120 CHILDREN, WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, PC Minutes - 3/3/87 -13- (7557d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 87-2: 1. The proposed day care operation for up-to_1.20 children will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or, working in the neighborhood and is not detrimental to.the_value of the property and improvements in the neighborhood. 2. Access to and parking for the day care operation for 120 children will not cause undue traffic problems. 3. The proposed day care operation for 120 children is compatible with the intended use of the property for school purposes. 4. The proposed day care operation for 120 children is consistent with the goals and objectives of the General Plan, because the property was originally developed as a school site. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 87=14: 1. The use of a chain link fence surrounding the outdoor play area in lieu of the required masonry wall will not be detrimental to the general welfare of persons residing or working in the vicinity. There will be no adverse noise impacts on adjacent residential properties due to the preschool's location within a former elementary school site and the distance between the preschool structure and the residential development. 2. The granting of Conditional Exception No. 87-14 for reduction in required parking will not,have,an adverse effect on adjacent properties because there will be a green curb -which can accommodate approximately six cars in addition to approximately 21 parking spaces which can be used by parents dropping off and picking up their children from the preschool. Should any unforeseen parking problem arise, -the Ocean View School District will provide additional on -site parking. 3. The granting of Conditional Exception No. 87-14 will not adversely effect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan dated January 23, 1987, shall be'the approved layout. 2. The proposed use shall comply with all applicable provisions of the City's Ordinance Code and building division. 3. The day care operation shall be limited to an enrollment of no more than 120 children. Any expansion in number shall require approval of the Planning Commission. PC Minutes - 3/1/87 -14- (7557d) F_ 4. The conditional use permit shall apply only to the rooms labeled "N, P, Q, R, S, T, U, V and restroom H in Building #2" on the site plan. Any expansion in area of the day care center shall require approval of the Planning Commission. 5. Prior to operation of the day care operation, the applicant shall obtain approval from Orange County Social Services Department. 6. The applicant shall file with the Department of Development Services a copy of the license issued by the Department of Social Services. 7. Restroom facilities shall be reviewed and approved by the Department of Social Services. 8. The day care facility shall operate between the hours of 6:00 AM and 6:30 PM daily. 9. The applicant shall obtain a business license from the City of Huntington Beach. 10. On -site parking shall be monitored by staff during peak drop-off and pick-up periods. Should any complaints be received by adjacent neighbors and staff determines that there is not sufficient parking on -site, the Ocean View School District shall provide additional on -site parking. The number of parking spaces and design shall be subject to review and approval by the Director of Development Services. 11. The Planning Commission reserves the right to review/revoke this conditional use permit approval in the event of any violations of the terms of this approval, or violation of the applicable zoning laws, or upon receipt of several complaints from surrounding residents; any such decision shall be preceded by notice to the applicant, a public hearing, and shall be based on specific findings. 12. The applicant shall furnish the City with 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. 13. All signs shall comply with Article 961 of the Huntington Beach Ordinance Code and shall be subject to a"sign permit. 14. Gates in the chain link fence shall be approved by the Fire Department. 15. Project shall be in full compliance with State Fire Marshall standards. Commissioner Livengood suggested to staff that a re-evaluation be done regarding pre-school parking requirements and to compare the study to the requirements of Fountain Valley. PC Minutes - 3/3/87 -15- (7557d) C-6 CONDITIONAL EXCEPTION (VARIANCE) NO. 87-7'- .- APPLICANT: J. M. PETERS COMPANY, INC. On February 11, 1987, the Board of Zoning Adjustments referred Conditional Exception --(Variance) No. 87-7 to the -Planning Commission. The variance requested by the applicant would amend Conditional Use Permit No. 86-35, approved by the Planning'. Commission on September 16, 1986, by reducing front yard garage setbacks from 22 feet to-14 to 18 feet on 10 lots of the 73 lot subdivision. ENVIRONMENTAL STATUS: The proposed project is exempt Class 5 Section 15305 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Exception (Variance) No. 87-7.for"only Lots 8 and 9 of Tract 12863 and Lot 1,of Tract 12897 based -on findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Bob Trapp, applicant,'spoke in support of the request. He stated that all of the lots -included in the request are irregular with rear yard depths from 25 feet to 35 feet (which will be the low end of the average) and should be approved. There. were no other persons present to speak for or against the request and the public hearing was closed. Commissioner Livengood was concerned with the 6 foot'sidewalks in the development. Staff explained that 6 feet is the standard for sidewalks. He'requested that staff verify the width with Public Works. = A MOTION WAS MADE"BY PIERCE, SECOND BY SILVA, TO APPROVE ALL LOTS IN CONDITIONAL EXCEPTION (VARIANCE) -NO. 87-7,- WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:_ AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, -Pierce, Leipzig, Summerell, Is PC Minutes - 3/3/87 -16- (7557d) FINDINGS FOR APPROVAL - ALL LOTS: 1. Because of special circumstances applicable to the subject property, including irregular lot shape due to location on cul-de-sacs and knuckles, and elevation of pads as required to comply with Flood Plain Standards, 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. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 87-7 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 5. The required two (2) car portion of the driveway is, in all cases, at least eighteen feet (181) in length, which is adequate to accommodate a standard size car without projecting into the right-of-way. CONDITIONS OF APPROVAL: 1. The site plan received and dated February 25, 1987, shall be the approved plan. 2. All applicable conditions of approval of Conditional Use Permit No. 86-35 and Tentative Tract 12863 shall apply. 3. Garage doors shall be roll -up type and shall be equipped with automatic garage door openers. C-7 CONDITIONAL USE PERMIT NO. 87-4/CONDITIONAL EXCEPTION (VARIANCE) NO. 87-4 APPLICANT: TERRY EARL Conditional Use Permit No. 87-4 is a request for expansion to a non -conforming, two-story, 3,024 square foot triplex (Section 9652.b) located at 1505 Palm Avenue, in the townlot area. The expansion includes a 560 square foot two-story addition (280 square foot den to each floor), a carport and 285 square foot second floor deck. Conditional Exception No. 87-4 is two -fold as follows: (1) to permit the expansion which constitutes a 28 percent floor area increase (addition and deck) in lieu of maximum 10 percent increase (Section 9652.b.3) and (2) to permit five parking spaces in lieu of six (9606.b.2). PC Minutes - 3/3/87 -17- (7557d) ENVIRONMENTAL STATUS: The proposed project is exempt from the provisions of the California Environmental Quality -Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-4 and Conditional Exception (Variance) No. 87-4 based on findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Terry Earl, applicant, spoke in support of the request. He expressed concern over a few of the suggested conditions of approval because complying with them would be too costly for him, i.e. removing and replacing curb and gutter and reconstructing sidewalk. He requested that these conditions be eliminated. Bill Earl, applicant, spoke in support of the request. Audie Mikalauskis, 618 15th. Street, spoke in opposition to the request. He stated that he feels a triplex is non -conforming and that it will cause more traffic problems'in the -area. Jeff Winter, 622 15th. Street, spoke in opposition to -,the -request.- He stated that there- a parking problem;in this area;and he feels a triplex will add to the problems. There were no other persons•present to speak for -or against the request and the public hearing was closed. A discussion ensued regarding the removal and replacement of curb and gutters on Palm Avenue and also the reconstruction of the sidewalk. The Commission felt that since the condition of the curbs, gutters and sidewalks were good that it -would be'a financial hardship to request the application to.comply with this condition. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CONDITIONAL'USE PERMIT -NO. 87-4 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-4, WITH FINDINGS AND REVISED CONDITIONS -OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 3/3/87 -18- (7557d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 87-4: 1. The establishment, maintenance and operation of the triplex expansion with non -conforming second floor rear yard 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. The granting of the use permit will not adversely affect the General Plan of the City of Huntington Beach. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 87-4: 1. Because of special circumstances applicable to the subject property, including size, shape, 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 parcel is 5,664 square feet in size and a corner lot. 2. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. When the triplex was approved in 1971, on -street parking spaces could be counted for the 1.5 required guest parking spaces. With the proposed expansion, the parking situation is improving because one additional space is being provided on -site and the parking demand is not increasing. 3. The granting of Conditional Exception No. 87-4 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 28, 1987 shall be the approved layout. 2. At least 50 percent of the common wall shall be open between the unit and proposed den additions. 3. Prior to issuance of building permits, applicant shall file a parcel map or parcel map waiver request to consolidate Lots 25 and 21 of Block III of the Huntington Beach Tract. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Development Services prior to final inspection or occupancy. Show 20 foot right of way radius at corner of Palm and 15th. Street and 20 feet wide alley. PC Minutes - 3/3/87 -19- (7557d) 4. Any abandoned oil wells that may be built upon shall be reabondoned in accord with standards of the Fire Department, Public Works Department and California Department of Oil and Gas prior to issuance of building permits. 5. Proposed structures shall be architecturally compatible with existing structures. 6. Construct alley improvements as required per Public Works Department. 7. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the triplex will be maintained as a triplex. C-8 CODE AMENDMENT NO. 87-4 - MODIFICATION TO TOWNLOT DENSITY STANDARD TO PERMIT THE DEVELOPMENT OF DUPLEXES ON LOTS WITH LESS THAN FIFTY FEET OF FRONTAGE APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 87-4 is a request to amend Section 9130.3 of the Huntington Beach Ordinance Code to allow for duplex development on lots with less than fifty feet of frontage. ENVIRONMENTAL STATUS: Code Amendment No. 87-4 is categorically exempt from the provisions of the California Environmental Quality Act. - STAFF RECOMMENDATION: Approve Code Amendment No. 87-4 and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED Dick Harlow addressed the Commission regarding the Code Amendment. He does not feel that density is being considered in this code amendment. He further stated that the common lots are usually 37-1/2 feet wide. There were no other persons present to speak for or against the code amendment and the public hearing was closed. [1 PC Minutes - 3/3/87 -20- (7557d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY SCHUMACHER, TO APPROVE CODE AMENDMENT NO. 87-4, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. ITEMS NOT FOR PUBLIC HEARING D-1 LIMITED SIGN PERMIT NO. 87-1 APPLICANT: HEATH AND COMPANY Limited Sign Permit No. 87-1 is a request to permit a face change and grant a 2-year extension of use for an approximately 25 foot high, 96 square foot internally illuminated freestanding sign for Sanwa Bank located at 6881 Warner Avenue. ENVIRONMENTAL STATUS: The proposed project is exempt Class 11(a) Section 15311 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Deny Limited Sign Permit No. 87-1 based on the findings. The applicant requested a continuance until the March 17, 1987 Planning Commission meeting. A MOTION WAS MADE BY SCHUMACHER, SECOND BY HIGGINS, TO CONTINUE LIMITED SIGN PERMIT NO. 87-1 TO THE MARCH 17, 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 - 3/3/87 -21- (7557d) D-2 SITE PLAN REVIEW NO. 87-18 D-3 SITE PLAN REVIEW NO. 87-19 D-4 SITE PLAN EVIE _-- APPLICANT: SEAVIEW HOMES Site Plan Review No. 87-18,. No-. 87-1.9- and No,. 8.7-20 are requests to permit the construction of single family dwellings on 25 foot wide lots located on the east side of 15th. Street south of Walnut Avenue (112, 114 and 116 15.th. Street) ._ -. The., Downtown_ .Specific , Plan permits residential uses in District 2 subject to the Planning Commission's approval of a site plan review. STAFF RECOMMENDATION: Approve Site Plan Review No.-87-18, No. 87-19 and No. 87-20.based on the findings and conditions of approval. Richard Harlow was present t.o- represent- the applicant.- • He .expressed concern over Condition No lg regarding -the front bay -window, Condition No. 3 regarding automatic fire protecti.op system .and . Condition No. 9 regarding the coordination-ofimprovements with the adjacent development. He requested that these conditions be deleted or modified. A MOTION WAS MADE•BY-HIGGINS, SECOND BY-SCHUMACHER-,•TO APPROVE SITE PLAN REVIEW NO.'87-18, NO. 87-19 AND-NO:-_87-20, WITH -FINDINGS AND - REVISED CONDITIONS.OF APPROVAL, -BY THE'F,OLLOWING VOTE AYES: Silva, Schumacher, Higgins, Pierce_, Leipzig-,.Summerell, Livengood r - NOES: None ABSENT: None .. ABSTAIN: None. _ MOTION PASSED FINDINGS FOR APPROVAL: - 1. The proposal for a single family residence will not have any detrimental effect upon the general health, welfare, safety and convenience of persons -"residing or working -in -the neighborhood. 2. The proposed single family residence will not adversely affect the General Plan-of--Land-Use. Single -family -dwellings are a permitted use. 3. The proposed single family -residence is compatible with other existing uses and proposed uses in -the neighborhood. PC Minutes - 3/3/87 -22- (7557d) 4. The location, site layout, and design of the proposed residential development properly orients the proposed structure to streets, driveways, sunlight, wind, and other adjacent structures and uses in a harmonious manner. 5. Access to and parking for the proposed single family dwelling will not create any undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 23, 1987, shall be revised to reflect the following: a. Provide relief around windows on southern elevation in the living room and dining room area b. Stucco color shall be off-white or soft pastel with complementary accent trim color such as blue or green. c. Stucco finish shall be light lace or fine grain texture. d. Roof shall be mission tile, as proposed. .e. Roof design over deck area shall be redesigned with a hip roof and the walls of the structure over the deck shall be at least 25 percent open. f. Comply with maximum 55 percent site coverage requirement by providing additional square footage on second floor deck. g. The front bay window shall be modified in such a way to be considered as an architectural feature under the definitions given in the Huntington Beach Ordinance Code. 2. Revised plans shall be resubmitted to the Design Review Board for approval of changes. 3. Should -existing or former abandoned oil wells be found on the property, the oil wells must comply with Fire Department standards and Department of Gas standards for abandonment prior to issuance of building permits. 4. The project shall comply with all provisions of the Huntington Beach Ordinance Code and building division. 5. The applicant shall dedicate to the City of Huntington Beach, two and one-half feet on the rear alley; 6. The applicant shall construct all street and alley improvements as required by the Public Works Department. 7. The curb and gutter on 18th. Street shall be moved 29-1/2 feet from centerline of street to accommodate future cul-de-sac at Pacific Coast Highway. PC Minutes - 3/3/87 -23- (7557d) 8. Street light system shall be upgraded per City requirements. 9. The applicant shall participate/reimburse in the cost/construction of the 8 inch sewer mains in�the rear alley to divert sewage to the Orange County Sanitation District coast trunk in Walnut. 10. Submit grading plan. 11. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 12. Low -volume heads shall be used on all spigots and water faucets. 13. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 14. If foil -type insulation is to be used, a fire retardant type shall be installed as -approved by•the Building Division. 15. 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. 16. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the -single family residence will be maintained as one (1) dwelling unit. E. DISCUSSION ITEMS E-1 GENERAL PLAN CONFORMANCE 87-3 - 1987-88 CAPITAL IMPROVEMENTS PROGRAM A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO RECEIVE AND FILE GENERAL PLAN CONFORMANCE 87-3 - 1987-88 CAPITAL IMPROVEMENTS PROGRAM, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 3/3/87 -24- (7557d) E-2 DRAFT EIR FOR PROPOSED BEACH BOULEVARD REDEVELOPMENT PROJECT AREA The Commission requested that the Draft EIR be set as a public hearing, with notification in the local newspaper. They requested that the hearing be held at an off night meeting instead of the March 17, 1987 meeting. The Commission also requested that the Chairman of the PAC be present at the public hearing. F. PENDING ITEMS The follow up pending items were discussed. There were no items added to the Pending Items list. G. PLANNING COMMISSION ITEMS A workshop on Redevelopment Projects will be scheduled for either Saturday, April 4, 1987, or Saturday, April 11, 1987. Chairman Pierce requested that a memo be prepared for his signature to C. W. Thompson requesting the presence of a representative from Public Works at all Planning commission meetings. H. DEVELOPMENT SERVICES ITEMS The progress report on the follow-up from the Planning Commission Workshop on January 31, 1987, was discussed. I. ADJOURNMENT A MOTION WAS MADE AT 11:40 PM BY LIVENGOOD, SECOND BY HIGGINS, TO ADJOURN THE MEETING TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING OF MARCH 17, 1987, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Leipzig, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED APPROVED: n, reta Higgins, Pierce, Summerell, K n Pierce, Chairman PC Minutes - 3/3/87 -25- (7557d)