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HomeMy WebLinkAbout1987-07-21ARROVED 9/15/87 MINUTES HUNTINGTON BEACH PLANNING COMMISSION July 21, 1987 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P A A A ROLL CALL: Silva, Schumacher, Higgins, Pierce, Leipzig, P P Summerell, Livengood A. CONSENT CALENDAR: Revised Minutes of June 16, 1987 Planning Commission Meeting A MOTION WAS MADE BY SCHUMACHER, SECOND BY SILVA, TO APPROVE REVISED MINUTES OF JUNE 16, 1987 PLANNING COMMISSION MEETING, AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood, Summerell NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED B. ORAL COMMUNICATIONS AND COMMISSION ITEMS B-1 Kenneth S. Skolyan, 121 Alabama Street, addressed a number of concerns that included noise, auto pollution, massiveness of structures, landscaping, and protection of property values, with development on the east side of the realignment of Lake Street between Atlanta Avenue and Pecan Avenue. He stated that he understood that the proposed 159 unit residential development had been withdrawn however wanted the Commission to be aware of issues that would be concerns for any development at that site (a letter was submitted for the file). rj B-2 Reverend Robert T. Hardin (16242 Megellan Lane), Edward Garakian (16392 Magellan Lane), and Francis Rapage (16422 Magellan Lane) voiced their opposition to the wall that has been recently erected at the industrial site (Gothard and Heil) bordering the water channel. They feel that the wall is a direct violation of the conditions imposed on Conditional Use Permit No. 83-18 (M. Westland Company). Staff informed them that although a permit had been issued for the wall, a temporary stop work order had also been issued and the matter will be discussed amongst various departments within the next week. The Commission requested that this matter be scheduled as a B Item at the July 28, 1987 Planning Commission meeting. PC Minutes - 7/21/87 -2- (8799d) C. PUBLIC HEARING ITEMS C-1 APPEAL TO BOARD OF ZONING ADJUSTMENT'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) N0. 87-36 (CONTINUED FROM JULY 7. 1987 PLANNING COMMISSION MEETING) Conditional Exception (Variance) No. 87-36 is a request to construct a new single family dwelling unit with four (4) variances on a legal, non -conforming lot located at 427 Tenth Street (Tenth Street and Pecan Avenue) in the Townlot area. The applicant intends to demolish an existing residence on the property. The four variances requests are as follows: (1) A 3 foot interior side yard setback in lieu of 5 feet; (2) A 4 foot to 7 foot-6 inch exterior side yard setback in lieu of 10 feet; (3) A 7 foot-6 inch side setback for a front entry garage in lieu of 22 feet; and (4) A 7 foot-3 inch rear yard setback in lieu of 7 feet-6 inches. On June 3, 1987, the Board of Zoning Adjustments denied the applicant's conditional exception request with findings by a vote of 3 to 2 because the site is substandard in size and the proposed residence would not be consistent with other residences constructed in the Townlot area. On June 11, 1987, Rengel and Company Architects, on behalf of their clients, Mr. and Mrs. Gerald Johnson, appealed the Board of Zoning Adjustment's June 3, 1987 decision on Conditional Exception (Variance) No. 87-36. At the July 7, 1987 Planning Commission meeting, the Commission opened the public hearing for appeal to the Board of Zoning Adjustment's denial of Conditional Exception (Variance) No. 87-36. At that meeting a motion was made to approve staff's recommendation for Conditional Exception (Variance) No. 87-36, which resulted in a tie vote (3 ayes, 3 noes). The item was automatically continued to the July 21, 1987 Planning Commission meeting. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 5, Section 15305 of the California Environmental Quality Act. STAFF RECOMMENDATION Approve three of the four variance requests of Conditional Exception (Variance) No. 87-36, as modified by staff, with findings and conditions of approval. PC Minutes - 7/21/87 -3- (8799d) THE PUBLIC HEARING WAS OPENED Michael Albanese, Rengel & Co. representing the property owner, spoke in support of the request. He stated that at the time of application they were told by staff that they were in conformance and were later told that additional variances were needed. He further stated that he agrees with staff's recommendation for approval of three of the four variance requests. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY SCHUMACHER, SECOND BY SILVA, TO APPROVE THREE OF THE FOUR VARIANCE REQUESTS OF CONDITIONAL EXCEPTION (VARIANCE) NO. 87-36, WITH FINDINGS AND CONDTIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - VARIANCE REQUESTS #2 (AS MODIFIED), #3 AND #4: 1. The granting of a conditional exception for construction of a single family residence will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The subject lot is a legal, non -conforming lot. 2. Because of,special circumstances applicable to the subject property, including size, shape, location and 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 lot is approximately 2,000 square feet smaller than neighboring lots, and has no.alley access. 3. The granting of Conditional Exception (Variance) No. 87-36 for the front entry garage, exterior side yard (as modified) and rear yard setbacks is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception (Variance) No. 87-36 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 5. The granting of Conditional Exception (Variance) No. 87-36 will not adversely affect the General Plan of the City of Huntington Beach. PC Minutes - 7/21/87 -4- (8799d) 1 I� CONDITIONS OF APPROVAL: 1. The site plan and floor plan dated June 11, 1987, shall be revised depicting the modifications described herein: a. Interior side yard setback shall be 5 feet; b. Exterior side yard setback shall be minimum 7 feet-6 inches. c. Automatic roll -up garage door(s). 2. The elevations received and dated May 5, 1987, shall be modified to accommodate the revisions described in Condition No. 1 and shall be architecturally consistent with surrounding buildings. The revised exterior elevations shall be subject to the approval of the Director of the Community Development. 3. Prior to issuance of building permits, the following shall be provided: a. A parcel map or parcel map waiver request to consolidate portions of Lots 25 and 27 shall be filed. 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 map filed with the Department of Community Development prior to final inspection or occupancy. b. Landscape and irrigation plan to the Department of Community Development and Public Works for review and approval and shall comply with Article 913 of the Huntington Beach Ordinance Code. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. c. 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. 4. Provide street dedication and improvements per Public Works requirements. 5. 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. 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. All applicable Public Works fees shall be paid prior to issuance of building permits. PC Minutes - 7/21/87 -5- (8799d) 9. The development shall comply with all applicable provisions of the Ordinance Code, except as noted herein, Building Division, and Fire Department. 10. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 11. The Planning Commission reserves the right to revoke this conditional exception (variance) if any violation of these conditions of the Huntington Beach Ordinance.Code occurs. FINDINGS FOR DENIAL - VARIANCE REQUEST #1: 1. Since the subject property can be developed within the regularly established interior side yard setback area and within a 7 foot-6 inch exterior side yard area, such variance is not necessary for the preservation and enjoyment of substantial property rights. 2. Granting of variance request #1 of Conditional Exception (Variance) No. 87-36 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. 3. Encroachments into the required interior side yard setback is not compatible with setbacks established for the property to the southwest and would constitute a special privilege inconsistent with limitations upon that property. C-2 CONDITIONAL USE PERMIT NO, 87-22/NEGATIVE DECLARATION NO. 87-19 (CONTINUED FROM JULY 7. 1987 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH Conditional Use Permit No. 87-22 and Negative Declaration 87-19 is a request by the City of Huntington Beach to construct a water booster station at the northwest corner of Clay and Goldenwest. At the July 7, 1987 Planning Commission meeting the Commission continued the public hearing on Conditional Use Permit No. 87-22 and Negative Declaration 87-19 to the July 21, 1987 meeting to allow staff time�to further review the screening of the existing oil tank behind the subject property on Clay Avenue and to notify all Seacliff residents north of Little Harbor. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 87-19 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 PC Minutes - 7/21/87 -6- (8799d) STAFF RECOMMENDATION Approve Conditional Use Permit No. 87-22 and Negative Declaration 87-19 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Ronald Berger, 6792 Lawn Haven Drive, stated his concerns regarding the project. He feels that the City should comply with all restrictions and codes just as a developer would. He feels that the physical appearance is very important and that the project should be compatible with the surrounding neighborhood with all perimeter block walls matching the eaves on the buildings, streets improved and possibly widened 10 feet, concrete gutters and sidewalks (no asphalt). He would like assurance from the City that the project will not create more vibrations. Geri Ortega, 6951 Lawn Haven Drive, stated her concerns regarding the seismic safety and the danger of fire after an earthquake. She stated that she would like to see a geologic/seismic study done on the site. She stated that the present water pressure was not adequate for emergency service. She would also like to have an environmental impact report done which would include a parksite as a memorial of the first Huntington Beach oil well that is present in the area. She also expressed concern regarding the removal/replacement of trees and landscaping in the area. Spencer Sheldon, 6871 Evening Hill Drive, spoke in support of the project. He feels that the improvements made in developing the booster station will be an asset to the area. There were no other persons present to speak for or against the project and the public hearing was closed. Paul Cook, Public Works, stated that there are no indications or proof that the actual site is located on a hazardous fault. He further stated that all of the concerns expressed by the public speakers have been addressed in the conditions of approval. Commissioner Schumacher asked whether the new pump station would increase the water pressure to the existing homes making it necessary to add special valves on their inlets. Staff's response was that it was not necessary and that there would be no additional costs to the existing homes because of the pump station. Chief Picard, Fire Department, stated that this has become an urgent project since the homes in the area are in need of added pressure for the strengthening of fire flow. He said that if there was a major fire that there would not be enough pressure presently to handle it. Daryl Smith, Park Tree and Landscape Department, stated that the proposed trees will be 24 inch box trees or larger not 15 gallon trees which are small and take longer to mature. PC Minutes - 7/21/87 -7- (8799d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA TO APPROVE CONDITIONAL USE PERMIT NO. 87-22 AND NEGATIVE DECLARATION NO. 87-19 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the proposed water booster station will not be detrimental to: a. The general welfare of persons residing or working in the vicinity because projected noise levels are less than the exterior noise standards of Huntington Beach. b. Property and improvements in the vicinity of the booster station due to the design treatments incorporated into the project such as intensified landscaping and berming. 2. The access to the proposed booster station does not create an undue traffic problem. 3. The proposed water booster station will be compatible with surrounding uses based upon the site design, layout and landscaping. 4. The proposal is consistent with the goals and objectives of the City's General Plan which seeks to eliminate fire flow deficiencies and the land use designation of Industrial, Resource Production. CONDITIONS OF APPROVAL: 1. The site plan dated June 25, 1987, shall be revised depicting the modifications described herein: a. The eastern driveway shall be eliminated. b. The landscape setback along Goldenwest shall be minimum 15 feet wide and shall include a minimum 2 foot high landscape berm. c. The landscape setback along Clay Street shall be minimum 10 feet wide and shall include a minimum 2 foot high landscape berm. PC Minutes - 7/21/87 -8- (8799d) 1 d. Landscaping along Clay and Goldenwest shall be as depicted on the site plan received and dated July 21, 1987. e. The slumpstone perimeter wall shall be increased from 6 feet to 8 feet in height. No barbed wire will be allowed. f. The western driveway shall be revised so that it angles to the east creating a greater landscape pocket on the west side and reducing the visual impact of the gate. g. The driveway approach up to the entry gate and all sidewalks, curbs and gutters shall be constructed of concrete. h. The westernmost portion of the slumpstone block wall extending from Clay Street to the entry gate of the facility shall be deleted. i. The entry gate shall be constructed of solid material. j. The City will remove and/or replace various plant material and irrigation system in the existing landscape areas on the south side of Clay and the entrance area of Beacon Hill. 2. The elevations dated June 9, 1987, shall be revised depicting the modifications described herein: a. The color of the doors on the building shall match the building wall color. b. The pitch of the roof of the pump enclosure shall be increased to the extent possible to be more compatible with the single family residences. 3. Existing trees to be removed shall be replaced on a 2 for 1 basis with minimum 24-inch box trees. 4. The booster station enclosure shall be equipped with acoustical louvers with a STC rating of 8 or greater to further reduce shielded noise levels. 5. Prior to the issuance of building permits, the following shall be completed: a. The project site is located within the Alquist Priolo Special Studies Earthquake Hazard Zone, and is subject to the requirements of the Alquist Priolo Act. An engineering geologist shall submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures shall be constructed in compliance with the g-factors as indicated by the PC Minutes - 7/21/87 -9- (8799d) geologists report. Calculations for footings and structural members to withstand anticipated g-factors including specifics for site suitability and engineering factors, shall be submitted for review and approval by Public Works Department, Fire Department and Community Development Department. b. A grading plan shall be submitted to the Department of Public Works for review and approval. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works, if deemed necessary. c. Landscape and irrigation plan submitted to the Department of Community Development and Public Works for review and approval. d. A tentative parcel map shall be submitted creating,a separate parcel for the project. The parcel map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map filed with the Department of Community Development prior to final inspection. e. Shop drawings shall be submitted to the Fire Department for review and approval for: -oil storage tank installation, Halon Fire System, and LPG installation. 6. 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. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 8. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C-3 CONDITIONAL USE PERMIT NO, 87-25 AND COASTAL DEVELOPMENT PERMIT NO. 86-30(R) APPLICANT: LEPLASTRIER DEVELOPMENT CO. Conditional Use Permit No. 87-25 and Coastal Development Permit No. 86-30(R) is a request to develop a 159 unit planned residential development (Pier View) on the east side of the realigned Lake Street between Atlanta Avenue and Pecan Avenue. The applicant is requesting withdrawal of these entitlements because he no longer is pursuing this project. Ll PC Minutes - 7/21/87 -10- (8799d) 11 STAFF RECOMMENDATION Accept the withdrawal of Conditional Use Permit No. 87-25 and Coastal Development Permit No. 86-30(R) as requested by the applicant. A MOTION WAS MADE BY SCHUMACHER, SECOND BY SILVA, TO ACCEPT THE WITHDRAWAL OF CONDITIONAL USE PERMIT NO. 87-25 AND COASTAL DEVELOPMENT PERMIT NO. 86-30(R), BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED C-4 ZONE CHANGE NO. 87-2 (CONTINUED FROM JUNE 2. 1987 PLANNING COMMISSON MEETING) APPLICANT: City of Huntington Beach Zone Change 87-2 is a request to change the zone designation on a 2.7 acre site from Community Facilities -Education, with a base zone of Low Density residential to Highway Commercial with a Multi -Story Suffix. On June 2, 1987, the Planning Commission reviewed the zone change request concurrently with Land Use Element Amendment 87-2, Area 2.2. At that meeting, the land use element amendment was approved and forwarded to the City Council, but the zone change request was continued to the July 21, 1987 Planning Commissin meeting due to the lack of detailed information regarding the proposed office development. At the time of the June 2, 1987 meeting, a development proposal for the site had not yet been selected by OCTD. On July 6, 1987, a written request was received from OCTD staff to continue the zone change request to the Planning Commission meeting scheduled for August 18, 1987. By that date, OCTD will have selected a developer for the site and will have a specific development proposal for review. However, staff received further notice from the applicant that continuance to a date uncertain would be more appropriate since negotiations with developers had not concluded. Continue Zone Change 87-2 to a date uncertain as per the request of the property owner. PC Minutes - 7/21/87 -11- (8799d) A MOTION WAS MADE BY SILVA, SECOND BY SUMMERELL, TO CONTINUE ZONE CHANGE NO. 87-2 TO A DATE UNCERTAIN (TO BE RE -ADVERTISED), BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED C-5 APPEAL TO THE BOARD OF ZONING ADJUSTMENT'S DENIAL OF USE PERMIT NO, 87-32 APPLICANT: INTERNATIONAL RED ONION Use Permit No. 87-32 is a request to permit outdoor dining on a portion of a public walkway adjacent to the Red Onion Restaurant located in Peter's Landing. The request was denied by the Board of Zoning Adjustments on June 3, 1987, and has been appealed by the applicant. This application was continued from the July 21, 1987 Planning Commission meeting to allow time for the applicant to develop a plan that addresses the concerns of the homeowners. The applicant will provide an update to the Commissioners at the meeting on August 4, 1987. STAFF RECOMMENDATION Continue Use Permit No. 87-32 to the August 4, 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 request. The Commission requested that reports from the police department and the fire department be included in the August 4, 1987 staff report. A MOTION WAS MADE BY SCHUMACHER, SECOND BY SILVA, TO CONTINUE THE APPEAL TO THE BOARD OF ZONING ADJUSTMENT'S DENIAL OF USE PERMIT NO. 87-32 TO THE AUGUST 4, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED PC Minutes - 7/21/87 -12- (8799d) RECONSIDERATION OF • , • , i PERMIT + • 87-15 IN CONJUNCTION CONDITIONAL • , (VARIANCE) , • APPLICANT: CENTER FOR SPECIAL SURGERY, INC. On June 2, 1987, the Planning Commission reviewed and approved a reconsideration request for a revised plan from the applicant. Conditional Use Permit No. 87-15 in conjunction with Conditional Exception No. 87-23 is a request to add 8,544 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. In addition a four level parking structure is proposed to be included within the 36,662 gross square foot site at the southeast corner of Beach Boulevard and Newman Avenue. The variance request (Conditional Exception No. 87-23) has been modified to a single request for maintaining an existing three (3) foot wide planter along a portion of Beach Boulevard. The previous variance request included reduction in parking spaces and reduced landscape planter width along Newman Avenue as well as Beach Boulevard. ENVIRONMENTAL STAT The proposed project is categorically exempt pursuant to Section 15301(e), Class 1 (Existing Facilities) of the California Environmental Quality Act. STAFF RECOMMENDATION Approve Conditional Use Permit No. 87-15 with revised plan in conjunction with Conditional Exception (Variance) No. 87-23 for landscaping with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Dr. Neil Friedman, applicant, spoke in support of the request. He stated that his project meets the needs and requirements of the City. He expressed his concern with condtions of approval No. la (providing an elevator within the parking structure), lb (providing a covered walkway between parking structure and medical office building) and ld (providing a truck unloading area) and requested that the Commission delete these conditions. Madelyn Tunkler, 17752 Beach Blvd., spoke in support of the request. She requested that Condition No. 3f (regarding an irrevocable offer to dedicate a reciprocal driveway and parking easement) be removed. Jerry Bame, representing Humana Hospital, spoke in opposition to the request. He made reference to staff's condition No. lg (requiring a minimum of 202 parking spaces) and stated that his client feels that 226 spaces should be required. He also stated that he feels that a 4 foot block wall should be built on the easterly property line dividing the properties and that his client would be willing to share the cost. He also feels that an elevator should be provided for patients that are ill. PC Minutes - 7/21/87 -13- (8799d) Harold Graham, representing Beach Boulevard Medical Associates, spoke in opposition to the request. He feels that the project will have a detrimental impact to parking and traffic and that it is an overdevelopment for Beach Boulevard. He further stated that the proposed project will block his building from view which he feels is attractive and compatible to the surrounding neighborhood. There were no other persons present to speak for or against the project and the public hearing was closed. It was felt by the Commission that the elevator and covered walkway requirements could be eliminated from the conditions. There was some concern regarding the appearance of the parking structure as seen from Beach Boulevard. The addition of a 4 foot block wall provided along the easterly property line was unanimously agreed on. There was some concern regarding the truck unloading area to be provided. A MOTION WAS MADE BY SILVA, SECOND BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO. 87-15 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-23, WITH FINDINGS AND MODIFIED CONDITIONS, BY THE FOLLOWING VOTE: AYES: Silva, Livengood NOES: Schumacher, Summerell ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO CONTINUE RECONSIDERATION OF CONDITIONAL USE PERMIT NO. 87-15 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 87-23, TO THE AUGUST 4, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED THE APPLICANT WAIVED THE MANDATORY PROCESSING DATE. C-7 APPEAL TO THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 87-49 APPLICANT: LARRY SLONIM, ARCHITECT Conditional Exception (Variance) No. 87-49 is a request to permit the setback for a front entry garage to be reduced to 20 feet in lieu of the required 22 foot setback at 19771 Gloucester. This application was denied by the Zoning Administrator on June 29, 1987. The decision has been appealed to the Planning Commission by Commissioner Silva. PC Minutes - 7/21/87 -14- (8799d) ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 5, Section 15305 of the California Environmental Quality Act. STAFF RECOMMENDATION Approve Conditional Exception (Variance) No. 87-49 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Larry Slonin, applicant, spoke in support of the request and stated that he was available for any questions. 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 SUMMERELL, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 87-49 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The granting of Conditional Exception (Variance) No. 87-49 will not constitute a grant of special privilege inconsistent with other properties in the vicinity because each of the 158 homes in Tract 4630 has been constructed with front entry garages setback 20 to 21 feet-6 inches from the property line. 2. Because of special circumstances applicable to the subject property including its location in Tract 4630, strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by the other homes in Tract 4630. 3. The granting of Conditional Exception (Variance) No. 87-49 is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception (Variance) No. 87-49 will not be classified as materially detrimental to the public welfare or injurious to property in the same zone. The new garage will feature a sectional roll -up door which does not require setback of vehicles on the driveway for opening clearance and a 20 foot long driveway which will be adequate to park vehicles without overhang onto the public right of way. PC Minutes - 7/21/87 -15- (8799d) 5. The granting of Conditional Exception (Variance) No. 87-49 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 July 10, 1987 shall be the approved layout. - 2. The applicant shall install a sectional roll -up garage door with automatic garage door opener on the new garage. 3. The development shall comply with all other applicable provisions of the Ordinance Code, Building Division and Fire Department. C-8 CONDITIONAL USE PERMIT NO, 87-20 APPLICANT: YOUNG H. AND CHIN K. DU Conditional Use Permit No. 87-20 is a request to operate a liquor store in an existing shopping center at the northeast corner of Garfield Avenue and Beach Boulevard in a suite previously occupied by a paint store. Section 9220.4.e of the Huntington Beach Ordinance Code requires a conditional use permit for the initial establishment of a liquor store. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. - STAFF RECOMMENDATION Approve Conditional Use Permit No. 87-20 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Chin Du, applicant, spoke in support of the project and stated that he was concerned about condition No. 2 regarding the irrevocable reciprocal driveway agreement because his lease agreement will expire on August 28th. unless all conditions are met and does not feel that he has time to comply. There were no other persons present to speak for or against the request and the public hearing was closed. It was explained to the applicant that condition No. 2 required an irrevocable reciprocal driveway agreement or irrevocable offer to dedicate before building permits would be issued. PC Minutes - 7/21/87 -16- (8799d) A MOTION WAS MADE BY SCHUMACHER, SECOND BY SUMMERELL, TO APPROVE CONDITIONAL USE PERMIT NO. 87-20 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the liquor store 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 proposal for a liquor store is consistent with the goals and objectives of the City's General Plan and Land Use designation of General Commercial. 3. The access to and parking for the proposed liquor store is adequate and does not create an undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 1, 1987, shall be the approved layout. 2. Prior to issuance of building permits or certificate of occupancy, an irrevocable reciprocal driveway agreement between the subject site and adjacent corner gas station parcel, or irrevocable offer to dedicate, shall be submitted. A copy of the legal instrument shall be approved by the City Attorney and Community Development Director 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 Community Development prior to final occupancy. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. PC Minutes - 7/21/87 -17- (8799d) 5. The applicant shall obtain separate permits for signage. 6. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C-9 ZONE CHANGE NO, 87-10 APPLICANT: CITY OF HUNTINGTON BEACH Zone Change No. 87-10 is a request to delete the -SS suffix from a corner site at 18001 Beach Boulevard which is zoned C4-SS (Highway Commercial -Service Station). ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15305 of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Zone Change No. 87-10 based with findings and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED There was'no one present to speak for or against the proposed zone change and the public hearing was closed. A MOTION WAS MADE BY SILVA, SECOND BY SUMMERELL, TO APPROVE ZONE CHANGE NO. 87-10 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED 1. The proposed zone change from C4-SS (Highway Commercial -Service Station) to C4 (Highway Commercial) is consistent with the Planning Commission and City Council action on Code Amendment No. 86-8 which repealed the -SS zoning classification from the Huntington Beach Ordinance Code. 2. The proposed zone change is consistent with the City's General Plan of Land Use because the -SS zoning classification has been deleted from each site based on Zone Change No. 86-17. 3. The proposed zone change will not result in any change of permitted uses on the site. PC Minutes - 7/21/87 -18- (8799d) 1 I D-1 LIMITED SIGN PERMIT 87-3 APPLICANT: American Merchant Bank Limited Sign Permit 87-3 is a request to permit a change of copy from List American Bank to American Merchant Bank, and to grant a two-year extension of use for an approximately 20 foot high, 100 square foot non -conforming, freestanding sign for the American Merchant Bank located at 16902 Bolsa Chica Street. The sign is located at the driveway entrance to a professional office center. Approval of Limited Sign Permit 87-3 would permit the copy change and time limit extension for use of the sign, in addition to triggering the requirement that a planned sign program be developed and approved for the center prior to the issuance of a building permit for the face change. At the end of the two year time period extension for use of the non -conforming sign, the approved planned sign program will be implemented. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. STAFF RECOMMENDATION Approve Limited Sign Permit 87-3 and grant a two-year time extension for the use of the sign with findings and conditions of approval. A MOTION WAS MADE BY SUMMERELL, SECOND BY SCHUMACHER, TO APPROVE LIMITED SIGN PERMIT 87-3 FOR A TWO-YEAR PERIOD, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Due to unique circumstances, the sign's immediate removal will result in a substantial financial hardship for the applicant and the other tenants in the Harbour Business Center. 2. The sign will not adversely affect other lawfully erected signs in the area. PC Minutes - 7/21/87 -19- (8799d) 3. The sign will not -be detrimental to properties located in the vicinity. 4. The sign will be in keeping with the character of the surrounding area. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated May 11, 1987, shall be the approved layout. 2. Prior to issuance of building permits to change the copy, a planned sign program shall be submitted and approved for all signing in the business center. 3. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $2,000 or its equivalent with the City and shall be approved by the City Attorney for the purpose of indemnifying the City for any and all costs incurred in the removal of the sign structure. If the sign is not made to conform with the applicable provisions of the sign ordinance within two years from the approval date, the City of Huntington Beach or its agents or employees may enter on the property where said sign is located and remove such sign, and the cost of removal shall be deducted from--the--cash.bond -and summarily forfeited and paid over to the City of Huntington Beach and the remainder, if any, returned to the person depositing the bond. 1 PC Minutes - 7/21/87 -20- (8799d) E. DISCUSSION ITEMS None F. PENDING ITEMS CODE AMENDMENT - WALLS CONSTRUCTED IN HUNTINGTON HARBOUR - A code amendment is currently being prepared. CODE AMENDMENT - SIDE YARD SETBACKS IN OLDTOWN/TOWNLOT AREA - A code amendment is scheduled for the August 4, 1987 Planning Commission meeting. PARKING VIOLATIONS AT 305 17TH. STREET - Staff is following up on this item. Results of investigation will be included in next report. ILLEGAL BOAT DOCKS ON CHANNEL DRIVE - Coastal Commission has been contacted, no response to date. Will keep Commission informed. G. PLANNING COMMISSION ITEMS The following requests were made to staff by the Commission: 1. Copy of new organization chart of Community Development Department, when available. 2. City Hall phone book. 3. Updated list of Sub -Committees (in particular members of Hazardous Waste Committee and members of the Downtown Redevelopment Committee). Commissioner Silva requested that he be placed on the list as an alternate on the Ad Hoc Redevelopment Committee. 4. Complete update on all pending items. 5. Update of any General Plan Amendments filed as of last filing deadline. H. COMMUNITY DEVELOPMENT ITEMS Staff discussed City Council action from the July 20, 1987 meeting regarding the appeals filed on the retaining walls by Ascelosci and Coello and the General Plan Amendments on the OCTD property and the Marion property. PC Minutes - 7/21/87 -21- (8799d) I. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, AT 10:25, TO ADJOURN TO THE STUDY SESSION ON MEADOWLARK SCHEDULED FOR JULY 28, 1987 AT 6:00 PM AND THEN TO THE SPECIAL PLANNING COMMISSION MEETING SCHEDULED FOR 7:00 PM ON JULY 28, 1987. AUGUST MEETINGS WILL INCLUDE A STUDY SESSION AT 6:00 PM ON THE INVENTORY AND DEVELOPMENT PLAN FOR THE AREA NORTH OF THE PIER PRECEDING THE AUGUST 4, 1987 REGULARLY SCHEDULED MEETING AND A 6:00 PM STUDY SESSION ON PARLIAMENTARY PROCEDURES AND FORMATS/STAFF REPORTS PRECEDING THE AUGUST 18, 1987 REGULARLY SCHEDULED MEETING. AYES: Silva, Schumacher, Livengood, Summerell NOES: None ABSENT: Higgins, Pierce, Leipzig ABSTAIN: None MOTION PASSED APPROVED: aAws Mike hdams, Secretary Tom Liveng o , Act6fng Ch irman 1 n PC Minutes - 7/21/87 -22- (8799d)