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HomeMy WebLinkAbout1987-05-19APPROVED 6/16/87 MINUTES HUNTINGTON BEACH PLANNING COMMISSION May 19, 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 B-1 ANNUAL REVIEW OF OLD WORLD OCTOBERFEST_(CONDITIONAL USE PERMIT NO. 83-20) (CONTINUED FROM APRIL 21 AND MAY 5, 1987 PLANNING COMMISSION MEETINGS) This item was continued at the request of the applicant from the May 5, 1987 meeting to allow the applicant additional time to obtain a letter of authorization for use of the One Pacific Plaza parking structure. The applicant, West Coast Soccer League has indicated that this year's event is scheduled to take place from September 24, 1987 through November 15, 1987. Conditional Use Permit No. 83-20 was approved by the Planning Commission on September 7, 1983, for five (5) years and will expire on September 7, 1987. Future Oktoberfest events will require a submittal and approval of a new conditional use permit by the Planning Commission. The Commissioners expressed their concerns regarding parking. They also discussed insurance for the event and felt that both the Soccer League and the Homeowners should be included in the policy. They suggested that the review be continued and requested that staff provide them with copies of the entertainment certificates and that a reciprocal parking agreement be obtained with the Huntington Center. They felt that additional security should be provided to protect Huntington Center and suggested that West Coast Soccer post a bond that would protect the center and adjacent apartments from damages incurred during the event. THE PUBLIC WAS ALLOWED TO SPEAK Julietta Lewis, 7561 Center, spoke in opposition to Octoberfest. She stated that there is not enough security during the event, that more bathrooms should be provided, more control and better parking. She explained that there is now, by the order of the Orange County Superior Court, a Receiver for the Board of Directors for the Old World Village Owners Association and that all requests have to go through him. David Rofer, 18433 Santa Yolanda, spoke in favor of Octoberfest. He said that the event was included in the original CC&R's and that there is an agreement with One Pacific Plaza for parking. Sheldon Fleming, 505 City Parkway West, Orange, representing the applicant, spoke in support of Octoberfest. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO CONTINUE THE ANNUAL REVIEW OF OLD WORLD OCTOBERFEST TO THE JUNE 16, 1987 PLANNING COMMISSION MEETING IN ORDER TO PROVIDE THE PLANNING COMMISSION WITH ADDITIONAL INFORMATION, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, B-2 CODE ENFORCEMENT - The Commission is concerned with the City's present procedures in enforcing codes and would like to form a sub -committee that will set goals and objectives for better enforcement. Commissioners Livengood, Silva and Summerell volunteered to be on the sub -committee. It was suggested that Art Folger and Ted Endres from the City Attorney's office be included and Glen Godfrey from Development Services. 1 PC Minutes - 5/19/87 -2- (8327d) Ue#*W_yrp C-1 CQta TIONAL USE PERMIT N0, 87-6 WITH CONDITIQLiAL EXCEPTION NO, f@7_11 (CONTINUED FROM FEBRUARY 18, 1987) APPLICANT: ROBERT KRATZ/GERALD NICHOLAS Conditional Use Permit No. 87-6 in conjunction with Conditional Exception No. 87-11 was continued from the February 18, 1987 Planning Commission meeting to allow time to evaluate and consider a code amendment to allow two units on a 45-foot wide lot in the Townlot District. Ordinance No. 2898 allowing for such developments will become affective May 20, 1987. This will enable the applicant to proceed without the need of a Conditional Use Permit or Conditional Exception. Therefore, a request for withdrawal of Conditinal Use Permit No. 87-6 in conjunction with Conditional Exception No. 87-11 has been made by the applicant. Accept the applicant's request for withdrawal of Conditional Use Permit No. 87-6 in conjunction with Conditional Exception No. 87-11. A MOTION WAS MADE BY LEIPZIG, SECOND BY PIERCE, TO WITHDRAW CONDITIONAL USE PERMIT NO. 87-6 WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-11, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None C-2 CONDITIONAL USE PERMIT NO, 87-15 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO 87-23 (CONTINUED FROM MAY 5. 1987 PLANNING COMMISSION MEETING) APPLICANT: CENTER FOR SPECIAL SURGERY, INC. Conditional Use Permit No. 87-15 is a request to add an 8,886 square foot, two-story, 20-bed skilled nursing facility to the southerly side of an existing 8,002 square foot, single -story out -patient surgical center within a 36,662 gross square foot medical complex at the southeast corner of Beach Boulevard and Newman Avenue. The variance request (Conditional Exception No. 87-23) is for 149 parking spaces in lieu of 209 (Section 9606) and to maintain an existing three (3) foot wide planter along Beach Boulevard and Newman Avenue in lieu of six (6) feet (Section 9608). PC Minutes - 5/19/87 -3- (8327d) ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301(e), Class 1 (Existing Facilities) of the California Environmental Quality Act. STAFF RECOMMNDATION: Deny Conditional Use Permit No. 87-15 in conjunction with Conditional Exception (Variance) No. 87-23 based on the findings and conditions of approval outlined in this report. THE PUBLIC HEARING WAS OPENED Madelyn Tinkler, director of the out -patient center, spoke in support of the project. She feels there is adequate parking on site and does not feel a parking problem exists. She stated that 149 parking spaces will be provided. Dr. Neil Friedman, applicant, spoke in support of the project. He stated that he is just 6 spaces off the required and urged the Commission to approve his project. Sherrill Cornwall, architect for the project, spoke in support of the project and stated that he does not feel additional parking is needed and does not agree with the setbacks imposed by staff. Ronald J. Jonas, Traffic Engineer hired by Humana Hospital, spoke in opposition to the project. He said that there is a definite parking problem and feels that the City should impose its code requirements and not grant a variance. Harold Graham, adjoining property owner, spoke against the project. He does not feel that the parking proposed is adequate. There were no other persons present to speak for or against the project and the public hearing was closed. Chairman Pierce felt that the project should be approved with a provision that the applicant would provide a parking structure within a 48 month period, if needed. The remaining Commissioners felt that the code requirements should be imposed because there was no basis for a conditional exception. They also felt that the additional parking should be completed by constructing a parking structure simultaneously with the construction of the medical facility. A suggested change to the findings for denial was made regarding the proposed variance for 149 parking spaces in lieu of 202 (53 space reduction). They felt that 149 spaces was inadequate for the existing 28,305 square foot medical building, 8,002 square foot , out -patient surgical center and proposed 20-bed expansion. PC Minutes - 5/19/87 -4- (8327d) A MOTION WAS MADE BY SCHUMACHER, SECOND BY SILVA, TO DENY CONDITIONAL USE PERMIT NO. 87-15 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-23, WITH REVISED FINDINGS, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Leipzig, Summerell, Livengood NOES: Pierce ABSENT: None ABSTAIN: None FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT N0, 87-15: 1. The proposed expansion will have a detrimental effect upon the general health, welfare, safety and convenience of persons working in the area and will be detrimental to the value of property in the vicinity because of insufficient parking. 2. Parking for the proposed expansion will create an undue traffic problem. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 87-23: 1. There are no unique circumstances applicable to the property such as irregular lot size or shape, or topography that do not apply to other properties in the area or R5 zoning district. 2. The subject property can be fully developed as proposed in conformance with the parking requirements with the construction of a parking structure. 3. Granting of Conditional Exception (Variance) No. 87-23 for reduction in parking and reduced,planter width would constitute a special privilege inconsistent with limitations upon properties in the vicinity. In 1984, a similar parking reduction request was denied by the City for an adjoining development (Conditional Exception No. 84-28). 4. The proposed variance for 149 parking spaces in lieu of 202 (53 space reduction) is inadequate for the existing 28,305 square foot medical building, 8,002 square foot out -patient surgical center and proposed 20-bed expansion. C-3 CODE AMENDMENT NO. 87-5 (CONTINUED FROM MAY 5. 1987 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH This item was continued from the meeting of May 5, 1987, after public testimony concerning the proposed provisions. Code Amendment No. 87-5 is a request by staff to amend the code to provide for separate open space requirements for residential projects containing PC Minutes - 5/19/87 -5- (8327d) more than two units. The code currently requires 600 sq. ft. of open space per unit with no distinction made between single family dwellings and other types of projects. ENVIRONMENTAL STATUS: The proposed project is categorically exempt from provision of The California Environmental Quality Act. STAFF RECOMMENDATION: Approve Code Amendment No. 87-5 and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the code amendment and the public hearing was closed. A MOTION WAS MADE BY PIERCE, SECOND BY HIGGINS, TO APPROVE CODE AMENDMENT NO. 87-51 WITH AMENDMENTS, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED APPLICANT: JOHN DAVID KING AND ASSOCIATES Appeal of the Board of Zoning Adjustment's approval of a request to permit one required on -site parking space to be located on the street at 510 Seventeenth Street (east side of Seventeenth Street approximately 200 feet south of Acacia Avenue) and to permit a reduction in the minimum 15 foot open space dimension to a minimum of 10 feet and a maximum of 14 feet 4 inches. The applicant has requested that the application for Conditional Exception (Variance) No. 87-21 be withdrawn. Staff recommends that the Planning Commission accept the applicant's withdrawal of Conditional Exception No. 87-21. PC Minutes - 5/19/87 -6- (8327d) 1 A MOTION WAS MADE BY SCHUMACHER, SECOND BY LEIPZIG, TO WITHDRAW CONDITIONAL EXCEPTION (VARIANCE) NO. 87-21, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None Higgins, Pierce, Leipzig, Summerell, C-5 APPEAL - ADMINISTRATIVE REVIEW N0, 87-15 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) N0. 87-24 AND NEGATIVE DECLARATION NO, 87-9: USE PERMIT NO. 87-34 APPLICANT: BOURESTON DEVELOPMENT Appeal of the Board of Zoning Adjustment's approval of an Administrative Review and Conditional Exception request to permit a 122,424 square foot industrial building in conjunction with a variance to permit a 10 1/2 foot front yard setback in lieu of a 14-foot front yard setback on Redondo Circle and to permit a truck well 50 feet in width in lieu of 20 feet in width, along with a Negative Declaration. In conjunction with the appeal, Use Permit No. 87-34 is a request to permit an industrial building within 150 feet of residentially zoned property. The applicant has requested that Administrative Review 87-15, Conditional Exception 87-24, Negative Declaration No. 87-9 and Use Permit No. 87-34 be continued to the June 2, 1987 Planning Commission meeting in order to allow response to environmental issues previously raised at the City Council meeting of May 4, 1987. KID10314NOWE Staff recommends the Planning Commission continue Administrative Review 87-15, Conditional Exception 87-24, Negative Declaration No. 87-9 and Use Permit No. 87-34 to June 2, 1987. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO CONTINUE ADMINISTRATIVE REVIEW NMO. 87-15 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-24, NEGATIVE DECLARATION NO. 87-9 AND USE PERMIT NO. 87-34 TO THE JUNE 2, 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 - 5/19/87 -7- (8327d) C-6 COASTAL DEVELOPMENT PERMIT N0, 87-12 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-34 (REFERRED BY THE BOARD OF ZONING ADJUSTMENTS) APPLICANT: MIGUEL AND SONJA COELLO A request to permit the construction of a retaining wall over 6 feet in height for the purpose of retaining more than 100 cubic yards of material, and to permit a wall to encroach into the required 15 foot setback at 16951 Concord Lane. On April 29, 1987, the Board of Zoning Adjustments referred the above -referenced items to the Planning Commission meeting of May 19, 1987. The applicant has requested that Coastal Development Permit No. 87-12 and Conditional Exception No. 87-34 be continued to the June 16, 1987 Planning Commission meeting. The applicant has also waived the mandatory processing date. Staff recommends the Planning Commission open the public hearing and continue Coastal Development Permit No. 87-12 and Conditional Exception No. 87-34 to June 2, 1987. THE PUBLIC HEARING WAS OPENED There were no persons present to speak however the public hearing was left open. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SUMMERELL, TO CONTINUE COASTAL DEVELOPMENT PERMIT NO. 87-12 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-34 TO THE JUNE 16, 1987 PLANNING COMMISSION MEETING, TO BE SCHEDULED AT ITEM C-1, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-7 COASTAL DEVELOPMENT PERMIT N0, 87-11 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-33 (REFERRED BY THE BOARD OF ZONING ADJUSTMENTS) APPLICANT: JUNE AND ARTHUR ASCOLESI A request to permit the construction of a retaining wall over 6 feet in height for the purpose of retaining more than 100 cubic yards of material, and to permit a wall to encroach into the required 15 foot setback at 16931 Concord Lane. PC Minutes - 5/19/87 -8- (8327d) On April 29, 1987, the Board of Zoning Adjustments referred the above -referenced items to the Planning Commission meeting of May 19, 1987. The applicant has requested that Coastal Development Permit No. 87-11 and Conditional Exception No. 87-33 be continued to the June 16, 1987 Planning Commission meeting. The applicant has also waived the mandatory processing date. STAFF RECOMMENDATION: Staff recommends the Planning Commission open the public hearing and continue Coastal Development Permit No. 87-11 and Conditional Exception No. 87-33 to June 2, 1987. THE PUBLIC HEARING WAS OPENED There were no persons present to speak however the public hearing was left open. A MOTION WAS MADE BY LEIPZIG, SECOND BY SCHUMACHER, TO CONTINUE COASTAL DEVELOPMENT PERMIT NO. 87-11 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-33 TO THE JUNE 16, 1987 PLANNING COMMISSION MEETING, TO BE SCHEDULED AT ITEM C-2, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Higgins, Pierce, Leipzig, Summerell, C-8 SITE PLAN AMENDMENT 87-7/TENTATIVE TRACT 11769 APPLICANT: DAVID DAHL A request to allow private streets "A" and "B" within Tentative Tract 11769 located on the south side of Ellis, 660 feet west of Goldenwest, to be public. On May 15, 1987, the applicant requested that Site Plan Amendment No. 87-7 be withdrawn. TAFF RECOMMENDATION: Accept the withdrawal of Site Plan Amendment 87-7. PC Minutes - 5/19/87 -9- (8327d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO WITHDRAW SITE PLAN AMENDMENT NO. 87-7, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Summerell, Livengood NOES: None ABSENT: Schumacher, Leipzig (Out of Room) ABSTAIN: None MOTION PASSED D. ITEMS NOT FOR PUBLIC HEARING D-1 CODE AMENDMENT NO. 87-2 APPLICANT: REGINA JONES A request to modify standards in the RA District to permit temporary contractor's storage yards subject to conditional use permit approval by the Planning Commission STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the clarified ordinance for Code Amendment No. 87-2 and prepare a report recommending adoption by the City Council. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CODE AMENDMENT NO. 87-2 AND PREPARE A REPORT RECOMMENDING ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS Higgins, Pierce, Leipzig, Summerell, PROPOSED REDEVELOPMENT PLAN FOR THEHJNTINGTON BEACH/BEACH BOULEVARD REDEVELOPMENT PROJECT - Originally scheduled for the Study Session at 5:30 PM. Stephen Kohler presented slides of the proposed Huntington Beach/Beach Boulevard Redevelopment area showing properties that were lacking improvements and pre-existing non -conforming uses. The environmental report prepared by Katz -Hollis was discussed and concerns resulting from the report were discussed by the Commission. Some of these included: expansion of the supply of housing including the opportunities for low and moderate income households; locations of multi -story nodes; scope of PC Minutes - 5/19/87 -10- (8327d) authority for completing improvements along Beach Boulevard such as consolidation of access points, bus turn -outs, deceleration lanes and indentations; lot consolidation and eminant domain. The Commission remarked that 20 percent of the land in the Redevelopment area was being proposed for acquisition and asked staff whether this was a major objective of the plan. Staff replied that it was not a major objective of the plan however necessary to identify the maximum extent of land acquisition that may occur. It was suggested that an analysis be completed on all of the existing vacant lots in the area. The Commission questioned staff regarding the process in which the PAC was formed. They asked if a survey had been completed to see if the PAC included property owners and business owners to form a true representation of citizens from the area. Staff informed the Commission that 400 property owners, 700 businesses and 200 residential tenants had been notified and out of all of persons notified 28 attended the PAC meeting and volunteered to serve on the committee. The Commission also expressed concern regarding the public notification process and suggested that staff consider publishing the notices in the newspaper and widely distributing the notices in the area. It was pointed out to the Commission that their role was to certify that the Redevelopment Plan adhered to the General Plan. It was not necessary to deem the Plan good or bad. A check -off list would be provided to the Commission on what steps to take to make this determination. F. PENDING ITEMS The following items were added to the Pending Items list: 1. 3311 Easter Circle - Still concern regarding boats, live-aboards, home being used as boarding house. 2. Springdale/Heil - Liquor store proposed within the commercial center being constructed across from church. 3. Senior Project Near Five -Points - What is re -build status of senior project that burned down in recent fire? 4. Hole at former Golden Bear Site on Pacific Coast Highway - Concern was expressed relative to the hole currently chain -link fenced at former Golden Bear site and that it should be more secure, especially during the approaching summer months and increased pedestrian activity. G. PLANNING COMMISSION ITEMS Staff was requested to prepare a code amendment/ordinance on swimming pool setbacks. PC Minutes - 5/19/87 -11- (8327d) H. DEVELOPMENT SERVICES ITEMS I. None A MOTION WAS MADE AT 11:05 BY LIVENGOOD, SECOND BY SILVA, TO ADJOURN THE MEETING TO THE JOINT STUDY SESSION WITH CITY COUNCIL AT 5:00 PM, MAY 20, 1987, THE 5:30 PM STUDY SESSION JUNE 2, 1987, ON GENERAL PLAN AMENDMENT 87-2 AND DENSITY BONUSES AND THEN TO THE NEXT REGULARLY SCHEDULED MEETING OF JUNE 2, 1987 AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None MOTION PASSED APPROVED: James W. Palin, Secretary en M. Pierce, Chairman PC Minutes - 5/19/87 -12- (8327d)