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HomeMy WebLinkAbout1987-08-04APPROVED 9/15/87 MINUTES HUNTINGTON BEACH PLANNING COMMISSION August 4, 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: Minutes of July 7, 1987 Planning Commission Meeting A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO APPROVE MINUTES OF JULY 7, 1987 PLANNING COMMISSION MEETING, AS AMENDED, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: Higgins MOTION PASSED B. ORAL COMMUNICATIONS AND COMMISSION ITEMS None C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO. 87-15 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-23 (RECONSIDERATION) (CONTINUED FROM JULY 21, 1987 PLANNING COMMISSION MEETING) APPLICANT: CENTER FOR SPECIAL SURGERY, INC. Reconsideration of Conditional Use Permit No. 87-15 in conjunction with Conditional Exception (Variance) No. 87-23 to permit a 20-bed expansion to an existing medical facility with variance to landscaping was automatically continued from the July 21, 1987 Planning Commission meeting because there was no majority vote to approve or deny. 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 STATUS: 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. Friedman, applicant, was present to answer any questions and stated that he concurred with staff's conditions and agreed to add landscape planter boxes on rails above the parking structures as requested by one of the Commissioners. There were no other persons present to speak for or against the request and the public hearing was closed. PC Minutes - 8/4/87 -2- (8909d) A MOTION WAS MADE BY SILVA, SECOND BY PIERCE, TO APPROVE CONDITIONAL USE PERMIT NO. 87-15 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-23 (RECONSIDERATION), 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. 87-15 (REVISED PLAN): 1. The proposed 20-bed expansion to an existing medical office/ surgery center will not have a detrimental effect upon the general health, welfare, safety and convenience of person's working in the area; or upon the value of property in the vicinity because it is consistent with the allowable uses (medical/professional/office) in the R5 zoning district. 2. The proposed 20-bed expansion in conjunction with out -patient surgical care is compatible with surrounding existing uses. 3. The location, site layout and design of the proposed 20-bed expansion lends itself well to the site because of the driveway relocation and modification, restriping the parking lot, and parking structure addition. 4. The proposed expansion is consistent with the goals and objectives of the Huntington Beach General Plan and Land Use Map. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) N0. 87-23 (REVISED PLAN): 1. Because of special circumstances applicable to the subject property, including size, 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 property was developed in 1972 with a 3 foot wide planter and low-rise screen wall adjacent to Beach Boulevard. 2. The granting of Conditional Exception (Variance) No. 87-23 for reduced landscape planter width is necessary in order to preserve the enjoyment of one or more substantial property rights. PC Minutes - 8/4/87 -3- (8909d) 3. The granting of Conditional Exception (Variance) No. 87-23 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The combination and relationship of one proposed use to another on a site are properly integrated. 5. The access to and parking for the proposed expansion will not create an undue traffic problem. 6. The conditional exception is consistent with the goals and objectives of the City's General Plan and Land Use Map. CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated June 16, 1987, shall be revised depicting the modifications described herein: a. The median within the main hospital entrance off Beach Boulevard shall be modified to provide a left-hand turn pocket that aligns with the new driveway location at the southeasterly corner of the subject property. b. A parking space next to the commissary shall be designated for 15 minute parking only for loading and unloading purposes. Deliveries shall occur primarily during non -peak periods of the day. c. Widen planter to minimum 6 feet in width along Beach Boulevard adjacent to 9 compact parking spaces in front of the multi -level parking structure. d. Provide proper radius turns in parking area to accommodate adequate fire vehicle access and circulation. e. A minimum 202 parking spaces shall be provided on -site. f. A clear, unobstructed height (minimum 13 feet-6 inches) shall be provided in the parking structure extending over the fire lane. g. A 4 foot high decorative block wall on the easterly property line shall be required provided the adjacent property owner concurs and is agreeable to share the wall construction costs. However, the wall shall be modified at such time as reciprocal access as noted in Condition 3.f is provided. h. Depict approximate location for future reciprocal access between subject property and adjacent easterly property. PC Minutes - 8/4/87 -4- (8909d) 1 1 2. The elevations dated June 16, 1987, shall be the approved architecture and shall conform to the following: a. Slumpstone walls on the existing building and proposed addition shall be painted to match. b. Metal cap on new addition shall match metal mansard roof on existing building in terms of color only. c. Accent trim on new addition shall be carried through existing building. d. Shift the parking structure stairway facing Beach Boulevard easterly to provide a landscape pocket between the stairway and driveway. e. All conditions herein relative to the existing building shall be completed simultaneously with the new addition. f. Landscape planter boxes shall be added along the rails of the parking structure. 3. Prior to notifying the State Architects Office that this project has been conditionally approved, the following shall be completed: a. Revised plans submitted to the Community Development Director in compliance with Conditions 1 and 2. b. A parking management plan shall be prepared and approved by the Community Development Director to assure employees and doctors of the office facility and OPSC park within the parking structure. C. Submit landscape and irrigation plan to the Community Development Department and Public Works for review and approval. Provide a cluster of minimum three 15 feet high or greater palm trees in three various locations along Beach Boulevard and provide additional palms throughout the site. In addition, additional trees, minimum 10 feet in height, shall be provided in planter areas adjacent to Newman. d. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. e. Submit grading plan for review and approval by Public Works Department. PC Minutes - 8/4/87 -5- (8909d) 4. 5. f. The property owner shall provide an irrevocable offer to dedicate a reciprocal driveway easement between the subject site and adjacent easterly property to be implemented at such time as the adjacent hospital property is expanded or developed. 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 Community Development prior to occupancy. Also, a copy of existing reciprocal access between subject property and adjacent southerly parcel shall be submitted. g. All external signage related to the commissary signifying it as a coffee shop shall be removed. The following Fire Department requirements shall be met: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Approval from State Fire Marshall for 'I' occupancy must be obtained. c. Provide automatic fire sprinkler system throughout. d. Provide an elevator 6' 8" x 4' 3" with 42" opening to accommodate an ambulance gurney. e. Provide an alarm system. f. Provide a knox lock key box at entry. g. Provide a Class I Dry Standpipe System in parking structure. h. Hose cabinets and Class II Standpipe System on each level of parking structure shall be installed to comply with Fire Code Standards. i. Fire lanes to be posted and designated pursuant to Fire Department Code Standard 415. j. Stairways shall be installed pursuant to Huntington Beach Fire Code Standards. Prior to final occupancy of the expansion, all conditions and improvements stated herein shall be completed including: a. Construct wheel chair ramp at southwest corner of site at Beach Boulevard and main hospital entrance. PC Minutes - 8/4/87 -6- (8909d) b. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 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-2 APPEAL TO THE BOARD OF ZONING ADJUSTMENT'S DENIAL OF USE PERMIT NO. 87-32 (CONTINUED FROM JULY 21, 1987 PLANNING COMMISSION MEETING) 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. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. STAFF RECOMMENDATION: Continue the Appeal to the Board of Zoning Adjustment's Denial of Use Permit No. 87-32 to the August 18, 1987 Planning Commission meeting at the applicant's request. Ralph Saltsman, applicants representative, addressed the Commission to explain why he was requesting a continuance. He explained that due to medical reasons he was not fully recovered to represent his client in the appeal and therefore was requesting a few more weeks. The Commission agreed that the appeal had been on -going for long enough and that the public hearing and action on the entitlement should proceed. PC Minutes - 8/4/87 -7- (8909d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO DENY THE REQUEST FOR CONTINUANCE ON USE PERMIT NO. 87-32, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED THE PUBLIC HEARING WAS OPENED Higgins, Pierce, Leipzig, Summerell, Ralph Saltsman, representing the applicant, spoke in support of the request for outdoor dining. Steve Rosen, Manager of the Red Onion, spoke in support of the request and read the agreement that the Red Onion had with Peter's Landing regarding hours of operation, serving hours, dancing regulations, regulations on the outdoor patio, disc jockeys, etc. He discussed his meeting with the adjacent homeowners and stated that all efforts were being made to satisfy their complaints regarding noise, security guards, disturbances, etc. Robert L. Morgan, 16329 Grenoble Lane, President of the Homeowners Association, stated that the homeowners did enter into an agreement with the Red Onion but to date had not received any satisfaction. He further stated that the Red Onion is still blocking off their patio, -making no attempts to curtail the noise problems, or adhering to any of the complaints. Commissioner Silva asked Mr. Morgan if he personally had witnessed any alcohol being served on the outside patio. Mr. Morgan stated that he had. Richard Dorsey, 3221 Francors, Broadmoor resident, spoke on the integrity of the Red Onion's intentions. Carol Swanson, 16365 Martin Lane, questioned the intentions of the Red Onion. She stated that -the noise created by the Red Onion is her main concern. She said that between the drunks, the automobiles leaving the restaurant, and the dumping of the glass bottles by the employees that the noise was becoming unbearable. Chairman Pierce questioned Ms. Swanson as to whether she had noticed any dumping of glass bottles since the July 30th. violation notification. She stated that yes she had. Leonard Itkoff, 3205 Moritz Drive, spoke in opposition to the request for outdoor dining. He asked why the Red Onion was being allowed to use the outdoor dining area even though they were denied the use by the Board of Zoning Adjustments in June of 1987. PC Minutes - 8/4/87 -8- (8909d) I 1 Eric Rosenberg, 16511 Bordeaux Lane, spoke in opposition to the request and voiced his complaints regarding the noise from the Red Onion, especially emanating from the parking lot. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO DENY THE APPEAL TO THE BOARD OF ZONING ADJUSTMENT'S DENIAL OF USE PERMIT NO. 87-32, WITH FINDINGS, BY THE FOLLOWING VOTE: At the advice of the Deputy City Attorney, Commissioner Summerell, stated that he would be abstaining from the vote. AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: None ABSTAIN: Summerell MOTION PASSED FINDINGS FOR DENIAL: 1. The proposed outdoor dining expansion will not be compatible with adjacent properties due to noise and additional activity associated with outdoor dining. 2. The establishment, maintenance and operation of the outdoor dining expansion will be detrimental to the general welfare of persons working or residing in the vicinity. Noise and activity generated will be incompatible with adjacent condominium development based on the police report (dated August 1986 to present) and to public testimony heard at the Planning Commission public hearing dated August 4, 1987. 3. The establishment, maintenance and operation of the outdoor dining expansion will be detrimental to the value of the property and improvements in the neighborhood. 4. The proposed outdoor dining expansion conflicts with the spirit of the Coastal Commission's condition for unobstructed access along the walkway. The dining area proposed narrows to a minimum 4 foot which is inadequate space for dining and still maintain a 10 foot walkway. 5. Granting of the proposed outdoor dining expansion past problems associated with blocking of the fire difficulty circulating through the building due to blocking the aisles. will compound exits and tables PC Minutes - 8/4/87 -9- (8909d) C-3 NORTH -OF -THE -PIER RESOURCE INVENTORY AND GENERAL PLAN (DEVELOPMENT PLAN) As part of the City's new responsibility in operation of the State Beach area north of the pier, it is required that resource documentation (Resource Inventory) and a General Plan (Development Plan) be prepared for approval by the State. The Resource Inventory identifies and discusses all biological, geological and cultural resources associated with the Beach area. The General Plan is intended to identify the general location of passive and active recreational uses such as access points, bike trails, landscaping, vista areas, restrooms, parking, concession facilities and limited commercial development. STAFF RECOMMENDATION: Open the public hearing and take testimony on the attached draft Resource Inventory and General Plan for the North -of -the -Pier Area and direct staff to incorporate comments into the final plan. Frank Hazelton, Barrett Consulting Group Inc., gave a presentation to the Commission. THE PUBLIC HEARING WAS OPENED Natalie A. Kotsch, 1722 Park Street, spoke in support of an international surfing museum to be located in Huntington Beach and urged the Commission to endorse such a proposal. She introduced several trustees of the national surfing museum. Steve Pezman, 257 La Rambla, San Clemente, gave a brief history of surfing in the Huntington Beach area and urged the Commission to support a surfing museum. He stated that Huntington Beach has all of the attributes needed to make a museum successful. He further stated that the State is very interested and would be very supportive of such a museum. Don Strout, 7232 Little Harbor Drive, spoke in support of a surfing museum to be located in Huntington Beach. Tom Gibbons, 6231 Chinook Ave., Westminster, spoke in support of a surfing museum and sought endorsement from the Planning Commission. He stated that the trustees were open for guidance and willing to discuss any proposal that would include such a museum. Dean Albright, 17301 Breda Lane, member of the Environmental Board, stated that there are a lot of traffic problems that the Environmental Board would like to address and requested that he be given the opportunity to readdress these problems at another meeting. PC Minutes - 8/4/87 -10- (8909d) Kay Seraphine, 509 17th. Street, stated that she would like to see permanent parkland in the parking lot instead of a structure that would destroy the view on the north side of the pier. She hopes that parks are not exchanged for parking lots. She urged the Commission to consider the use of a tram along the surface road instead of mixing people/cars/bicycles. She stated her opposition to a surfing museum on the north side of the pier. Doug Langevin, 8196 Pantucket Drive, stated that reserve parking spaces should be available in Phase II for beachgoers. He stated his concerns with the oil -access road on Ninth Street being used for parking if the parking on Pacific Coast Highway is eliminated. Geri Ortega, 6951 Lawn Haven Drive, Huntington Beach Tomorrow, stated that she would like to see the parking structure designed so that the view would be preserved. She also stated that she supports a surf museum however would like to see the building limited to one story only and would support a two story parking structure on the northwest corner of Pacific Coast Highway and 17th. Street. Terry Dolton, 17892 Shoreham Lane, asked that circulation problems be considered. He stated that the accidents from Beach Boulevard to Goldenwest on Pacific Coast Highway are over twice than what they are supposed to be because there is too much traffic. Ralph Placencia, 121 7th. Street, said that he was against parallel parking in Area 1 and would be opposed to any building that would spoil the view of the ocean. Paul Chen, 117 loth. Street, stated that he feels parking beneath the public view will cause increased vandalism problems, safety hazards and traffic. He is opposed to any more public parking areas being developed and would like to see permanent bathroom facilities installed in the beach area. There were no other persons present to speak on the issue and the public hearing was closed. The Commissioners made comments and directed staff to incorporate their concerns into further studies made of the area. Commissioner Livengood stated that he would like to see alternatives considered for parking in the area (e.g. public parking at 17th. and PCH, off -site parking with shuttle service) with no mixing of pedestrians, automobiles and bicycles. He feels a comparison study should be made on the number of parking spaces needed, how many would be lost, and how many are needed for Pierside. He also stated that a master plan should be prepared addressing commercial/retail development on the ocean side with overbuilding evaluated and a feasibility study completed on a proposed entrance at 17th. Street with exits at Goldenwest and llth. Street. PC Minutes - 8/4/87 -11- (8909d) Commissioner Summerell stated that he would be in favor of a museum in the area. He feels alternatives should be considered for its exact location but would like to see it included in the development plan. He urged the rest of the Commissioners to endorse such a proposal. Commissioner Leipzig stated that he would endorse the concept of a museum however feels that the parking should be carefully worked out. His concerns included: aesthetics (viewsheds), view of the pier must be protected, topography, hydrology, and literal drift problems. Chairman Pierce said that his main concerns were maintaining safety on the bike/walking trails and the provisions for parking. He stated that he would not have any problems with the access road being used for parking if the safety factors could be mitigated. He also stated that he endorses a surf museum however feels there are possible alternative locations other than on the beach. Commissioner Higgins addressed each area of concern. Area 1: should include a parking structure, restaurant facility, active recreation facilities and feels that this area would be a good location for a surf museum. Area 2: concerned with safe walkway for pedestrians at the surface road area, feels the parking facility should not be planned on the access road and should have no surface parking. He would like to see permanent toilet and shower facilities, screening of oil pump units, and food facilities with tables at 20th. Street and 21st. Street locations. Area 3: feels that bluff top parking could be accommodated. He further stated that he would like to see seating areas located in Areas 2 and 3 with vista locations below the bike paths and hiking trails. He would like to see all utilities underground for aesthetic purposes. Commissioner Schumacher stated that she feels the eroding bluffs are a problem and a study should be made to see how the erosion can be stopped. She is concerned that the service road is going to be heavily impacted with uses. She feels that parking will be the major problem. She would also endorse a surf museum. Commissioner Silva made the following comments: (1) would like to see a buffer between Pacific Coast Highway and the parking area; (2) would like to see bicycle trails in harmony with hiking trails; (3) feels that all documents on the Area studies should be made available to the public; (4) feels a feasibility study should be completed on whether the City can support the proposed commercial/retail uses; and (5).endorses a surf museum however is concerned with the financing of such a museum. Staff was directed to incorporate the comments and concerns expressed by the Commission and public speakers into further studies made of the areas and as an addition to be included in the State General Plan document. 9 PC Minutes - 8/4/87 -12- (8909d) C-4 CONDITIONAL USE PERMIT NO. 87-28 AND NEGATIVE DECLARATION NO. 87-29 APPLICANT: LEADER PARTNERSHIP Conditional Use Permit No. 87-28 is a request to permit a 140 unit senior citizen rest/retirement home on a 1.76 acre site located on the south side of Ellis Avenue, east of Beach Boulevard. The project is proposed to be constructed in two phases. The first phase will consist of 50 units, 26 parking spaces on site and 22 joint use spaces behind the Town and Country Center. All indoor amenities such as community.living room, television room, recreation room, dining room and kitchen, will be constructed during the first phase. The existing preschool at the southern end of the site will remain during Phase 1. The preschool, which has an entitlement for 74 children, will have adequate parking and outdoor play area. The two uses will be separated by a 115 foot wide buffer. Phase II construction will consist of 90 units, additional outdoor recreational area and 44 parking spaces. A total of 70 spaces will be provided. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 87-29 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. REDEVELOPMENT STATUS: The project is located in the Beach Boulevard Study area and as such will be subject to review by the Design Review Board (DRB). STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-28 and Negative Declaration No. 87-29 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Ken Paddock, architect, spoke in support of the project -and was available to answer any questions. James Lu, applicant, 6071 Manorfield Drive, spoke in support of the project and stated that he feels it would be in the best interest of the City to develop the site as proposed. PC Minutes - 8/4/87 -13- (8909d) Jerry Huang, 16681 Sims Street, stated that he had completed a survey of the surrounding neighborhood and all participants in the survey favored the project. Pat Davis, 16581 Grunion Lane, spoke in favor of senior developments and expressed support for this project. Philip Tymon, 16272 Walrus Lane, spoke in support of the project. There were no other persons present to speak for or against the project and the public hearing was closed. Staff pointed out the added condition of approval regarding reciprocal access and easement agreement. It was also suggested that a condition be added regarding requiring double -glazed windows for sound attenuation mitigations. Commissioner Silva stated that he felt this was an excellent area for a senior project. A MOTION WAS MADE BY SILVA, SECOND BY HIGGINS, TO APPROVE CONDITIONAL USE PERMIT NO. 87-28 AND NEGATIVE DECLARATION NO. 87-29 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Schumacher (Out of Room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the senior retirement home will not be detrimental to the general welfare of persons residing or working in the vicinity. 2. The establishment, maintenance and operation of the senior retirement home will not be detrimental to property and improvements in the vicinity of.such use. The provision of reciprocal access, joint use of the easement and shared parking with the commercial center to the west will further the planning goals of creating a cohesive development at the southeast corner of Beach Boulevard and Ellis Avenue. 3. Development of the subject property as a senior rest/retirement home of high design quality and the provision of shared parking and joint access will encourage the recycling of the adjacent commercial center, creating a cohesive commercial node. PC Minutes - 8/4/87 -14- (8909d) 4. The proposed use of a senior rest/retirement home is consistent with the General Plan land use designation of General Commercial. The use is considered by the zoning code to be "unclassified" and cannot be located in residential districts. 5. The location, site layout and design of the proposed use properly adapts the proposed structure to streets, driveways, and the adjacent commercial centers in a harmonious manner. 6. Access to and parking for the proposed senior rest/retirement home does not create an undue traffic problem. The project will provide a van -pool service for the residents, the shared parking can accommodate the needs of visitors to the facility and the provision of reciprocal access with the shopping center to the west will allow the project traffic to exit onto Beach Boulevard. CONDITIONS OF APPROVAL: 1. The site plan received and dated July 17, 1987, shall be revised depicting the modifications described herein: a. Parking spaces numbered 4 and 5 in front of the porte cochere shall be deleted and replaced with landscaping. b. Parking space number 12 shall be striped as a turnaround space. c. The trash enclosure shall be relocated outside of the 40 foot wide easement. d. Provision shall be made for a loading/unloading area for service vehicles. 2. The floor plans received and dated July 17, 1987, shall be the approved layout. 3. The elevations received and dated July 17, 1987, shall be reviewed and approved by the Design Review Board. 4. Prior,:to issuance of building permits, the applicant shall complete the following: a. Landscape and irrigation plan shall be submitted to the Department of Community Development and Public Works for review and approval. b. A Rooftop Mechanical Equipment Plan shall be submitted for review and approval by the Community Development Department. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. PC Minutes - 8/4/87 -15- (8909d) C. Soils analysis prepared by a registered soils engineer shall be submitted for review and approval by Public Works Department. The 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. d. Grading plan prior to the issuance of a grading permit. A plan for silt control of 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. e. A parking management plan to insure that units are rented either with or without a parking space not to exceed parking provided on -site. f. The subject property shall enter into irrevocable reciprocal driveway and access easement(s) between the subject site and adjacent properties to the west. 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 Community Development prior to occupancy. g. A Joint Use Parking Agreement for minimum 22 parking spaces shall be recorded between the property owner of the subject site and the property owner of the commercial center to the west. 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 Community Development prior to final occupancy. h. The owner shall grant rights of access to the 40 foot wide easement to the owner of the shopping center to the west. 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 Community Development prior to final occupancy. i. The applicant shall negotiate with the owner(s) of the Town and Country Shopping Center to the south to secure an agreement to allow the existing 40 foot wide easement to consist of a 28 foot travelway and 12 foot wide strip containing landscape and parking. Negotiations shall also include the granting of a reciprocal point access from the south Town and Country Shopping Center to the subject site. PC Minutes - 8/4/87 -16- (8909d) 5. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. 6. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 7. The applicant shall provide a van -pool service for the residents of the facility. 8. 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. 9. Low -volume heads shall be used on all spigots and water faucets. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 11. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). 12. Install required street lights as per Public Works standards. 13. Domestic water service shall be provide with reduced pressure principle backflow device. 14. The landscaped area shall be designed to accommodate vault required for domestic water service. 15. Abandon existing 6-inch water main on site. Install new ater main, size required by Fire Department flow requirements within the -,paved travelway of the easement. Loop new on -site water main so as to connect to existing water main in Town and Country Center., 16.' Fire hydrants are to installed pursuant to Fire Department and Public Works standards. The fire hydrants must be installed prior to combustible construction. Fire flow provided for the complex must be a minimum of 3,500 GPM. 17. Fire extinguishers must be installed pursuant to Fire Department standards. 18. The complex is to be protected by an automatic sprinkler system installed to comply with Fire Department standards. PC Minutes - 8/4/87 -17- (8909d) 19. Building address numbers are to be installed pursuant to Fire Department standards. 20. During construction, the construction site must comply with Article 87 of the Fire Code. Additionally, when the construction is framed to the first story, the following must be provided: a. A telephone must be provided on -site which can be readily accessible for reporting an emergency (Section 87.103 UFC). b. A minimum of two (2) water hoses, minimum one (1) inch by one hundred (100) feet are to be located on -site at opposite ends of the complex. Each are to be available for suppression of incipient stage fires (Section 10.301 UFC). c. A twenty-four (24) hour fire watch, approved by the Fire Department, MUST be provided on -site to watch for any hazardous condition which may cause a fire to occur; to immediately report to the Fire Department any fire which occurs; and, to attempt to suppress any incipient stage fire (Section 10.301 UFC). d. The automatic sprinkler system is to be temporarily installed and operational to protect all floors lower than the floor currently under construction (Section 10.301 UFC). 21. A combination wet standpipe system must be installed in the stairways from the parking garage to each floor landing. 22. Alarm systems must be installed throughout the complex to provide the following; water flow, valve tamper, trouble, audible alarm, annunciation, smoke detectors, manual pulls, voice communication, and 24 hour supervision. 23. Any security gates which are locked must be provided with a "Knox Key Box" for emergency access key. 24. All Fire Department emergency access must comply with Fire Department Standard 401. 25. Post "No Parking" signs in fire lanes'to comply with Fire Department Standard 415'. 26. A Staff Training Program must be implemented to provide emergency medical care for boarding house patrons to comply with Fire Department emergency medical care procedures. 27. Dining room must be designated as a public assembly occupancy and, thus, exits must comply with Chapter 33 of the Uniform Building Code. PC Minutes - 8/4/87 -18- (8909d) 1 L_J 28. The windows on the west side of the building facing the parking lot shall be double -paned for added noise attenuation. 29. 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-5 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 87-41 AND USE PERMIT NO. 87-51 APPLICANT: JOHN E. SCHWARTZ Use Permit No. 87-51 is a request to add a car wash bay to an existing coin operated car wash located at 5841 Warner Avenue and Conditional Exception (Variance) No. 87-41 is a request to permit a 29 foot setback for the new building addition in lieu of 50 feet. The applicant's original request, which was to permit two wash bays with a 15 foot setback in lieu of the required 50 feet, was denied by the Zoning Administrator on July 1, 1987. The applicant appealed the Zoning Administrator's decision and submitted a revised plan depicting only one new wash bay instead of two, and providing additional front yard setback in order to maintain two-way vehicular access currently existing between the building and the 8-foot wide planter located along Warner Avenue. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Exception (Variance) No. 87-41 and Use Permit No. 87-51 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED John Schwartz, applicant, spoke in support of the project. There were no other persons present to speak for or against the project and the public hearing was closed. Commissioner Livengood expressed his concerns regarding the circulation on the site. He feels that the circulation is bad and created by the automobiles going into the wash unit. He also requested that the landscape and irrigation plan, to be submitted, be carefully reviewed. PC Minutes - 8/4/87 -19- (8909d) A MOTION WAS MADE BY LEIPZIG, SECOND BY LIVENGOOD, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 87-41 AND USE PERMIT NO. 87-51, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Silva and Schumacher (Out of Room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT NO. 87-51: 1. The establishment, maintenance and operation of the car wash expansion 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 No. 87-51 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 87-41: 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 lot is triangular in shape. 2. The granting of Conditional Exception (Variance) No. 87-41 for reduced front yard setback is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 87-41 for a 29 foot setback in•lieu of 50 feet 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. PC Minutes - 8/4/87 -20- (8909d) CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated July 30, 1987, shall be the approved layout. a. The proposed expansion shall be architecturally compatible with the existing structure. 2. Prior to the issuance of building permits the following shall be completed: a. The nonconforming freestanding sign located in the planter along Warner Avenue shall be removed. Freestanding signs are not permitted for business that encroach into the required setback (Huntington Beach Ordinance Code, Section 9610.5). b. A parcel map shall be filed to legalize the existing lot. The parcel map 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. Alternatively, the applicant shall show proof that the previously approved Tentative Parcel Map (No. 76-64) was legally recorded. All new signs will require a separate permit. c. A Landscape and Irrigation Plan shall be submitted to the Departments of Development Services and Public Works for review and approval. d. A Grading and Drainage Plan shall be submitted to and approved by the Public Works Department. e. The subject property shall enter into irrevocable reciprocal driveway easements between the subject site and adjacent shopping center. 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 occupancy. Alternatively, the applicant may show proof of such existing easements. f. All applicable Public Works fees shall be paid. 3. Prior to final inspection, installation of required landscaping and irrigation systems shall be completed. 4. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 5. 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. PC Minutes - 8/4/87 -21- (8909d) 6. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 7. 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. 8. Low -volume heads shall be used on all spigots and water faucets. 9. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 10. Any damaged public works improvements will have to be repaired or replaced subject to approval of the Public Works Department. 11. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except as noted herein. 12. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. C-6 CODE AMENDMENT NO. 87-8 - SIDE YARD SETBACKS WITHIN THE OLDTOWN/TOWNLOT DISTRICT APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 87-8 addresses side yard setback requirements within the Oldtown and Townlot areas of the City. It simplifies side yard setback requirements within the two districts. This code amendment was generated from a recent discussion at the Planning Commission meeting on July 21, 1987. ENVIRONMENTAL STATUS: Code Amendment No. 87-8 is categorically exempt from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Code Amendment No., 87-8 and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED Natalie Kotsch, spoke in favor of the code amendment. She stated that the amendment addressed necessary modifications. There were no other persons present to speak for or against the code amendment and the public hearing was closed. PC Minutes - 8/4/87 -22- (8909d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CODE AMENDMENT NO. 87-8 AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Schumacher (Out of Room) ABSTAIN: None MOTION PASSED C-7 APPEAL TO THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 87-43 AND USE PERMIT NO. 87-54 APPLICANT: JACK E. BRIGGS Conditional Exception (Variance) No. 87-43 is a request to permit a proposed second single family dwelling unit located at 602 Eighth Street, to have a 5 foot exterior side yard setback in lieu of the currently required 10 foot exterior side yard setback. Use Permit No. 87-54 is a request to permit the construction of a new structure on a lot with an existing structure with a non -conforming exterior side yard (8 feet-6 inches in lieu of 10 feet). On July 8, 1987, the Zoning Administrator denied both requests. The conditional exception and use permit were denied because the Zoning Administrator felt that the site could be fully developed with the current setback requirements and that there is no land related hardship. On July 13, 1987, Commissioner Jean Schumacher appealed the Zoning Administrator's denial on the applicant's behalf, based on the fact that the currently required 10 foot exterior side yard setback for development on a 50 foot wide lot is not in parity with adjacent previously permitted 5 foot exterior side yard setbacks in the Townlot Area for similar lots. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Section 15305, Class 5 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Continue Conditional Exception (Variance) No. 87-43 and Use Permit No. 87-54 to the November 3, 1987 Planning Commission meeting (90 days) pending approval of Code Amendment No. 87-8. The applicant is willing to waive the mandatory processing date only if the Planning Commission will not approve the requests. PC Minutes - 8/4/87 -23- (8909d) THE PUBLIC HEARING WAS OPENED Irene Briggs, 602 8th. Street, applicant, 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. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO OVERRIDE THE ZONING ADMINISTRATOR'S DENIAL AND APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 87-43 AND USE PERMIT NO. 87-54, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Schumacher (Out of Room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT N0, 87-54: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 87-54 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The use permit is required because the exterior side yard on the existing structure is presently non -conforming. The City is currently processing Code Amendment No. 87-8 which would eliminate this situation. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 87-43: 1. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. Other properties in the Townlot area have been developed with 5 foot exterior side yards. 2. The granting of Conditional Exception (Variance) No. 87-43 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. PC Minutes - 8/4/87 -24- (8909d) 3. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 4. The City is currently processing Code Amendment No. 87-8 which proposes 5 foot exterior side yards. CONDITIONS OF APPROVAL: 1. All conditions of approval shall apply to Use Permit No. 87-54 and Conditional Exception (Variance) No. 87-43. 2. The site plan, floor plans and elevations received and dated July 29, 1987, shall be the approved layout. 3. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 2 and 4, Block 607, of 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 Community Development prior to final inspection or occupancy. 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Public street dedications and improvements shall be in place per Public Works requirements. 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. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 8. Low -volume heads shall be used on all spigots and water faucets. 9. 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. 10. All applicable Public Works fees shall be paid prior to issuance of"building permits. 11. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 12. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. PC Minutes - 8/4/87 -25- (8909d) 13. Landscaping shall comply with Article 913 of the Huntington Beach Ordinance Code. 14. The Planning Commission reserves the right to revoke Use Permit No. 87-54 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. D. ITEMS NOT FOR PUBLIC HEARING D-1 LIMITED SIGN PERMIT 87-4 APPLICANT: August Management Limited Sign Permit No. 87-4 is a request to change copy on two existing freestanding signs which identify the tenants of a shopping center, known as Garfield Plaza, located at the southwest corner of Garfield Avenue and Magnolia Street. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Section 15305, Class 5, from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Limited Sign Permit No. 87-4 with findings and conditions of approval. A MOTION WAS MADE BY LIVENGOOD, SECOND BY HIGGINS, TO APPROVE LIMITED SIGN PERMIT NO. 87-4, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Schumacher (Out of Room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Due to unique circumstances, the freestanding sign's immediate removal will result in a substantial hardship for the applicant. 2. The freestanding signs will not adversely affect other lawfully erected signs in the area. 3. The freestanding signs will not be detrimental to properties located in the vicinity. 4. The freestanding signs will be in keeping with the character of the surrounding area. PC Minutes - 8/4/87 -26- (8909d) 5. The freestanding signs will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. CONDITIONS OF APPROVAL: 1. The site plan and elevations dated July 1, 1987, shall be the approved layout. 2. Within 60 days of the date of approval, the applicant shall apply for building permits to legalize the change of copy of the two existing freestanding signs. Prior to the issuance of said building permits the applicant shall amend the Planned Sign Program for the center to address the size and location of the future identification signs for the center. The amendment to the Planned Sign Program shall be reviewed and approved by the Director of the Department of Community Development. 3. Prior to the issuance of building permits the applicant shall file an insurance bond in the amount of $2,000 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the two freestanding signs. If the signs are not made to conform with the applicable provisions of the sign code after two years from the date of approval, the City of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs. The cost of removal shall be deducted from the 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. E. DISCUSSION ITEMS None F. PENDING ITEMS NEW RESIDENCE ON GRAHAM (NEAR HEIL) - Staff was requested to check the garage setback for newly constructed residence and to report back on what street improvements will be made. LOSS OF PUBLIC DOCK FACILITIES AT PETER'S LANDING G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS None PC Minutes - 8/4/87 -27- (8909d) I. ADJOURNMENT MOTION WAS MADE BY PIERCE, SECOND BY SUMMERELL, AT 10:35 PM, TO ADJOURN TO THE STUDY SESSION ON PARLIAMENTARY PROCEDURES AT 6:00 PM, AUGUST 18, 1987, IN ROOM B-8 AND THEN TO THE REGULARLY SCHEDULED MEETING OF AUGUST 18, 1987 AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: Schumacher ABSTAIN: None MOTION PASSED APPROVED: Mike Adams, Secretary kept M. Pierce, Chairman [i 1 PC Minutes - 8/4/87 -28- (8909d)