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HomeMy WebLinkAbout1987-09-01APPROVED 10/6/87 MINUTES HUNTINGTON BEACH PLANNING COMMISSION September 1, 1987 - 7:00 PM Council Chambers 2000 Main Street Huntington Beach, PLEDGE OF ALLEGIANCE - Civic Center California P A P P P ROLL CALL: Silva, Schumacher, Higgins, Pierce, Leipzig, A P Summerell, Livengood A. CONSENT CALENDAR: Minutes of July 21 and July 28, 1987 Planning Commission Meeting SINCE ONLY TWO OF THE FIVE COMMISSIONERS PRESENT WERE ELIGIBLE TO VOTE ON THE JULY 21, 1987 MINUTES, BECAUSE OF ABSENCES, THEY WERE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING. SINCE CHAIRMAN PIERCE WAS ABSENT AT THE JULY 21, 1987 MEETING COMMISSIONER LIVENGOOD WOULD SIGN THE MINUTES WHEN APPROVED. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE THE MINUTES OF THE JULY 28, 1987 PLANNING COMMISSION MEETING AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: Leipzig (absent at 7/28/87 meeting) B. ORAL COMMUNICATIONS Shirley C. Long, 6352 Reuben Drive, Board of Realtors, addressed her concerns regarding Code Amendment No. 87-3, Office Professional (OP) District, scheduled under Item D-1, since the Board of Realtors building is directly affected by the code amendment. She stated that the Board of Realtor's building would become a legal non -conforming building, impossible to insure, and they would never be able to remodel the building by adding a second or third story if staff's recommended Alternative 1 was not approved. C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO, 87-30 WITH SPECIAL PERMITS/ TENTATIVE TRACT 12947/COASTAL DEVELOPMENT PERMIT NO. 87-24 APPLICANT: MAJID HARB Conditional Use Permit No. 87-30 with Special Permits in conjunction with Tentative Tract 12936 and Coastal Development Permit No. 87-24 is a request to develop a three-story with subterranean parking, 26-unit condominium project on a primarily vacant .712 acre site on Pacific Coast Highway in the Downtown Specific Plan Area. There are four special permit items related to parking access width, site coverage, aggregate side yard setback and building offset. Due to incorrect public notification, Conditional Use Permit No. 87-30 with Special Permits, Tentative Tract 12947 and Coastal Development Permit No. 87-24 was continued at the August 18, 1987 Planning Commission so that staff could advertise accordingly. On August 24, 1987, the applicant submitted revised elevations depicting proper calculation of height and a revised tentative tract map which depicts street cross sections as required by the Department of Public Works. ENVIRONMENTAL STATUS: The proposed residential project is in conformance with the Downtown Specific Plan Environmental Impact Report pursuant to Section 15182 of the California Environmental Quality Act. COASTAL STATUS: The proposed residential project is subject to approval of a coastal development permit because it is located within coastal zone boundaries under appeal jurisdiction to the California Coastal Commission. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-30 with Special Permits, Tentative Tract 12947 and Coastal Development Permit No. 87-24 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Dennis J. Cherry, representing the applicant, spoke in support of the project. C PC Minutes - 9/1/87 -2- (9147d) Natalie Kotsch, 1722 Park Street, spoke in support of the project. She feels that this project will enhance the downtown area and will be an impressive project for ocean front property. She stated that the applicant tried to purchase the two adjacent lots to the property so that his density could be increased, however deemed the attempt economically unfeasible. She spoke in support of the landscape plan for the project and stated that the oil well next door to the property would be enhanced by landscaping so that it will add green space to the project. There were no other persons present to speak for or against the project and the public hearing was closed. Staff presented revisions to the findings and conditions of approval to the Commission. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CONDITIONAL USE PERMIT NO. 87-30 WITH SPECIAL PERMITS, TENTATIVE TRACT 12947 AND COASTAL DEVELOPMENT PERMIT NO. 87-24, WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 87-30: 1. The proposed 26 unit condominium project will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the vicinity; or will not be detrimental to the value of the property and improvements in the vicinity. 2. The proposed 26 unit condominium project is compatible with existing or proposed uses in the vicinity. 3. The location, site layout, and design of the proposed use is properly related to the streets, drives and other structures and uses in the vicinity in a harmonious manner. 4. The proposed condominium project is in conformance with the adopted Design Guidelines for the Downtown Specific Plan. 5. Architectural features and general appearance of the proposed 26 unit condominium project shall enhance the orderly and harmonious development of the Downtown Specific Plan area. PC Minutes - 9/l/87 -3- (9147d) 6. The proposed 26 unit condominium project is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits for deviations to the requirements of the Downtown Specific Plan promote a better living environment and provide maximum use of the land in terms of site layout and design: a. A maximum of 53% site coverage, which includes a 3% covered pedestrian walkway system, in lieu of 50%. b. An aggregate 35.5 foot side yard setback in lieu of 40 foot c. A 2.5 foot offset between the second and third floor along the alley elevation. The use of building facade popouts, balcony projections and varied roof lines create a more aesthetically pleasing visual effect along 19th Street, Pacific Coast Highway, and interior property line elevations. d. A 27 foot wide ramp to subterranean parking in lieu of 28 feet. 2. The approval of the special permits will not be detrimental to the general health, welfare, safety and convenience of the neighborhood in general, nor detrimental or injurious to the value of property or improvements of the neighborhood. 3. The special permit requests are consistent with the objectives of the Downtown Specific Plan in achieving a development adapted to the parcel and compatible with the surrounding environment. 4. The special permits are consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act. FINDINGS FOR APPROVAL - TENTATIVE TRACT 12947: 1. The proposed one lot subdivision for condominium purposes of this 31,015 net square foot parcel of land zoned Downtown Specific Plan, District 2, Residential, is proposed to be constructed having 23 units per gross acre. 2. The property was previously studied for this intensity of land use at the time the land use designation and Downtown Specific Plan, District 2, zoning designation were placed on the subject property. 3. The General Plan is set up for the provisions for this type of land use as well as setting forth provisions for the implementation for this type of housing. PC Minutes - 9/1/87 -4- (9147d) �J 4. The site is relatively flat and physically suitable for the proposed density and type of development. 5. The tentative tract is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-24: 1. The proposed 26 unit condominium project conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element. 2. Coastal Development Permit No. 87-24 is consistent with the CZ suffix and the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 26 unit condominium project can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Land Use Plan of the General Plan. 4. The proposed 26 unit condominium project conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 87-30: 1. The site plan, floor plans and elevations received and dated August 24, 1987, shall be revised depicting the modifications described herein: a. Maximum site coverage, which is to include a 3% covered pedestrian walkway system, shall not exceed 53% of the lot. b. Relocate trash enclosure is subject to review and approval of the Community Development Director. c. Provide a minimum 100 cubic foot of storage spaces for each unit which may be located in the subterranean garage. 2. Prior to the issuance of building permits, the following shall be completed: a. The applicant shall submit a landscape and irrigation plan to the Department of Community Development and Public Works for review and approval. Plant material as specified in the Downtown Landscape Guidelines manual shall be used. Palm trees shall be in settings of 3 to 5 with various trunk heights (i.e. 4 feet, 6 feet, 9 feet, 12 feet, and 15 feet). PC Minutes - 9/l/87 -5- (9147d) b. The applicant shall enter into an agreement with the City to provide affordable housing in the Coastal Zone. The applicant shall provide 20% of the housing units on -site, or the equivalent number off -site within the same city of county, either within the coastal zone or within three miles thereof, for persons of low or moderate income households as per the provisions of Government Code Section 65590(d). c. Final tract 12947 shall be accepted by City Council and recorded with the County Recorder's Office. 3. Fire hydrants are to be installed pursuant to Fire Department and Public Works standards. The fire hydrants must be installed prior to combustible construction. 4. All existing or formal oil well sites must be abandoned pursuant to Division of Oil and Gas and Fire Department standards. 5. The complex is to be protected by an automatic sprinkler system, including a standpipe system, installed to comply with Fire Department standards. 6. Building address numbers are to be installed pursuant to Fire Department standards. 7. Provide a centralized mail delivery facility which shall be architecturally compatible with the main structure. 8. Any security gates which are locked must be provided with a "knox key box" for emergency access key. 9. A fire alarm system shall be installed throughout the complex and meet Fire Department Standards. 10. During construction, the construction site must comply with Article 87 of the Uniform Fire Code. Additionally, when the complex has reached 50% built stage, a 24 hour fire watch approved by the Fire Department must be provided for the abatement of fire hazards and for reporting code violations, suspicious persons and fires to the Fire Department. 11. The number and length of minimum one inch diameter hoses shall be approved by the Fire Department and must be provided on site for use on small incipient fires. 12. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 13. Low volume heads shall be used on all spigots and water faucets. 14. All building spoils such as unusable lumber, wire, pipe and other surplus or unusable material, shall be disposed of at an off site facility equipped to handle them., PC Minutes - 9/l/87 -6- (9147d) 15. All dwellings on the subject property shall be constructed in compliance with State Acoustical standards set forth for units that are within the 60 CNEL contour of the property. 16. The method of trash pick up shall be subject to the approval of Public Works Department. 17. Prior to issuance of building permits, an interim parking and/or building materials storage plan shall be submitted and reviewed by the Department of Community Development to assure adequate parking availability for employees, contractors, etc. during the project's construction phase. CONDITIONS OF APPROVAL - TENTATIVE TRACT 12947: 1. Tentative Tract 12947 dated August 24, 1987, shall be the approved layout with the following modifications: a. The curb and gutter on 19th Street shall be constructed at 29-1/2 feet from centerline of street. b. Sidewalk on 19th Street shall be 8 feet wide. c. Sidewalk on Pacific Coast Highway shall be 11 feet wide. 2. Each dwelling unit shall have individual water meters. Also, the irrigation system shall be separately metered. 3. Backflow devices shall be installed on all domestic pool, fire and irrigation services. 4. Construct all required street and alley improvements 5. Submit hydrology study, grading plan and soils report 6. CC&Rs shall be submitted for review and approval by the City Attorney and Development Services Department in accordance with Article 915 prior to final recordation of Tract Map 12947. 7. Street lights shall be installed per Southern California Edison and City Standards. B. Security gate system shall be approved by Department of Public Works. 9. Access ramp gradient shall be approved by Department of Public Works. PC Minutes - 9/1/87 -7- (9147d) C-2 CONDITIONAL EXCEPTION (VARIANCE) NO. 87-27 APPLICANT: DR. WINSTON CHESHIRE Conditional Exception No. 87-27 is a request to permit a reduction of the required number of parking spaces based on joint use of parking at the Town and County business center located at 18582 Beach Boulevard. Approval of the request will allow 1,600 sq. ft. expansion of the existing Emergicenter into an adjacent existing suite. Due to incorrect notification, Conditional Exception (Variance) No. 87-27 was continued at the August 18, 1987 Planning Commission meeting so that staff could advertise accordingly. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301, from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Exception (Variance) No. 87-27 with the findings and conditions of approval. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the request and the public hearing was closed. The Commission was concerned that the nighttime uses would become daytime uses. They asked staff if the property owner concurred with the parking and development plan. Staff said that the development plan would alleviate the concern and that the property owner did concur with the plans. A condition of approval was added by staff to assure a parking management plan. A MOTION WAS MADE BY HIGGINS, SECOND BY PIERCE, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 87-27, WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Higgins, Pierce, Leipzig, Livengood NOES: Silva ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Based upon the existing operating hours and use demands for different uses within the existing shopping center, which justifies the permitting occupancy of the 1,600 sq. ft. medical office expansion for appointment only medical office. PC Minutes - 9/l/87 -8- (9147d) 1 2. The maximum distance between the building or use and the nearest point of the parking area is within reasonable walking distance. 3. The access to and parking for the proposed use does create an undue traffic problem. 4. The granting of Conditional Exception No. 87-27 will not be materially detrimental to the public welfare, or injurious to property in the same classifications. 5. Conditional Exception No. 87-27 is consistent with the goals and policies of the General Plan. CONDITIONS OF APPROVAL: 1. The site plan dated August 13, 1987 shall be revised depicting the following modifications: a. Provide minimum 6' wide landscape planters along Beach Boulevard and 6% landscaping on site or by means of a reciprocal landscape agreement. b. Provide a trash enclosure constructed with architecturally compatible materials and self closing doors. c. Provide landscape planter around monument sign located adjacent to southern driveway along Beach Boulevard. d. Dimension drive aisles and identify all compact spaces; all compact spaces shall have "compact only" painted on the surface of each stall. 2.. Submit landscape and irrigation plan to the Department of Community Development prior to the issuance of certificate of occupancy and shall be approved prior to final inspection of building permits. 3. Employees shall be required to park in rear parking area which shall be designated as employee parking. 4. Hours of operation for medical office shall be from 9:00 AM to 5:00 PM - Monday through Friday. 5. The medical office shall operate by appointment only and not function as an emergency clinic. 6. Comply with Fire Department requirements for turning radius and posting of fire lanes. PC Minutes - 9/l/87 -9- (9147d) 7. Prior to issuance of Certificate of Occupancy the following shall be completed: a. An irrevocable reciprocal driveway easement between the subject site and adjacent northerly parcel shall be submitted. 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. b. A parking management plan approved by the property owner shall be prepared and approved by the Community Development Director to assure employees of the business center park in the rear parking area. c. A letter from the property owner shall be submitted guaranteeing that the mix of uses and hours of operation depicted in the attachment herein will not change without prior approval by the Community Development Department and/or Planning Commission. 8. Before an additional Certificate of Occupancy is issued for any other use within this center it will be subject to review and approval by the Director of Community Development for compliance with the mix of use, hours of operation and parking requirements. 9. A review of the center's parking situation, uses, and hours of operation shall be conducted within six (6) months and one year of the date of this approval to verify compliance with all conditions of approval. C-3 PRECISE PLAN OF STREET ALIGNMENT NO, 87-2 REPLACING PRECISE PLAN OF STREET ALIGNMENT NO, 74-3 APPLICANT: CITY OF HUNTINGTON BEACH/REDEVELOPMENT AGENCY Precise Plan of Street Alignment No. 87-2 is a request to extend Redondo Circle from its existing easterly terminus to the existing southerly terminus of Kovacs Street. The proposal is a result of the Planning Commission's conceptual approval of an industrial building for Boureston Development, including the proposed alignment of Redondo Circle. The proposed extension would replace the existing Precise Plan of Street Alignment for Redondo and Kovacs (Precise Plan of Street Alignment No. 74-3) which shows a connecting loop system in a different alignment. ENVIRONMENTAL STATUS: The subject proposal is covered by Negative Declaration No. 87-9, which was approved by the Planning Commission on July 7, 1987. PC Minutes - 9/1/87 -10- (9147d) 1 L� STAFF RECOMMENDATION: Approve Precise Plan of Street Alignment No. 87-2 and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED Paul Weatherly, adjacent property owner, said that a plan for his property has been presented to the City and the problems worked out with staff. 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 LEIPZIG, TO APPROVE PRECISE PLAN OF STREET ALIGNMENT NO. 87-2 AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO DIRECT THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ISSUE A CERTIFICATE OF COMPLIANCE TO THE WESTERLY DEVELOPED PROPERTY AFFECTED BY THE REDONDO CIRCLE REALIGNMENT UPON APPROVAL BY THE CITY COUNCIL OF PRECISE PLAN OF STREET ALIGNMENT NO. 87-2, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED C-4 CONDITIONAL USE PERMIT NO, 87-29 WITH SPECIAL PE_R_M_ITS/TENTATIVE TRACT 13087/COASTAL DEVELOPMENT PERMIT NO, 87-23 APPLICANT: SCOTT KIMBALL Conditional Use Permit No. 87-29, Tentative Tract 13087, Coastal Development Permit No. 87-23 and Negative Declaration No. 87-31 is a request to permit a 34 unit condominium development on the north side of Pacific Coast Highway between Ninth and Tenth Streets. Special permits have been requested for increased site coverage, reduction in private open space and width of vehicle accessway, deviance to building bulk requirements, and reduction in required setback of parking structure. PC Minutes - 9/l/87 -11- (9147d) ENVIRONMENTAL STATUS: The proposed residential project is in conformance with the Downtown Specific Plan Environmental Impact Report, therefore, no further environmental evaluation is necessary pursuant to Section 15182 of the California Environmental Quality Act. COASTAL STATUS• The proposed residential project is subject to approval of a coastal development permit because it is located within coastal zone boundaries under appeal jurisdiction to the California Coastal Commission. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-29 with special permits, Tentative Tract 13087, and Coastal Development Permit No. 87-23 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Scott Kimball, applicant, presented new renderings for his development and addressed the increase in site coverage and reduced private open space. He stated that every unit would have an ocean view and urged the Commission to approve the project. He requested that Condition 2b relative to affordable housing be deleted from the conditions of approval. Paul Chen, 117 loth. Street, addressed his concerns with the project. He said that he was under the impression that loth. Street was supposed to be a cul-de-sac and is concerned that access to this development will become a thoroughfare. He feels that extra coverage and reduction of open space will cut down on the ocean views. He urged the developer to relocate their access to 9th. Street. Roy Smith, 113 loth. Street, spoke in opposition to the accessway on loth. Street and the special permit requests. He feels that granting the special permits will block views. Gary Stork, 114 loth. Street, expressed his concerns regarding access on loth. Street. He said that the on -street parking should be replaced one for one and feels that the width of the alley should be increased. Scott Kimball, applicant, responded to the concerns expressed by the adjacent residents. He stated that the parking on the cul-de-sac would be 90 degree parking and that it would create more spaces and also that the width of the alley including the 2 foot dedication was adequate and met Public Works standards. There were no other persons to speak for or against the project and the public hearing was closed. PC Minutes - 9/1/87 -12- (9147d) A discussion ensued regarding the deletion of Condition 2b (affordable housing requirement). A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CONDITIONAL USE PERMIT NO. 87-29 WITH SPECIAL PERMITS, TENTATIVE TRACT 13087 AND COASTAL DEVELOPMENT PERMIT NO. 87-23, WITH REVISED FINDINGS AND REVISED CONDITIONS OF APPROVAL (DELETION OF CONDITION 2b), BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY LIVENGOOD, TO AMEND THE MOTION FOR APPROVAL AND ADD CONDITION 2b REGARDING AFFORDABLE HOUSING, BY THE FOLLOWING VOTE: AYES: Leipzig, Livengood NOES: Silva, Higgins, Pierce ABSENT: Schumacher, Summerell ABSTAIN: None MOTION FAILED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 87-29: 1. The proposed 34 unit condominium project will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the vicinity; or will not be detrimental to the value of the property and improvements in the vicinity. 2. The proposed 34 unit condominium project is compatible with existing or proposed uses in the vicinity. 3. The location, site layout, and design of the proposed use is properly related to the streets, drives and other structures and uses in the vicinity in a harmonious manner. 4. The proposed condominium project is in conformance with the adopted Design Guidelines for the Downtown Specific Plan. 5. Architectural features and general appearance of the proposed 34 unit condominium project shall enhance the orderly and harmonious development of the Downtown Specific Plan area. 6. The proposed 34 unit condominium project is consistent with the goals and policies of the Huntington Beach General Plan. PC Minutes - 9/l/87 -13- (9147d) FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits for deviations to the requirements of the Downtown Specific Plan promote a better living environment and provide maximum use of the land in terms of site layout and design: a. A maximum of 54.4% site coverage in lieu of 50%. b. A reduction in area of first floor decks which is offset by nearly 7,000 square feet of additional common open space that enhances the entire project. c. Reduction in building offset between the second and third levels ranging from 10 to 0 feet. The use of balcony projections, window surrounds and varying rooflines in conjunction with additional landscaping on the alley elevation as required by the Design Review Board will create an aesthetically pleasing building viewed from all sides. d. Encroachment of the parking structure into the 10 foot setback areas which will not be noticeable with the berming and proposed landscape treatment. e. A 25 foot wide ramp to subterranean parking in lieu of 28 feet. 2. The approval of the special permits will not be detrimental to the general health, welfare, safety and convenience of the neighborhood in general, nor detrimental or injurious to the value of property or improvements of the neighborhood. 3. The special permit requests are consistent with the objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. 4. The special permits are consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act. FINDINGS FOR APPROVAL - TENTATIVE TRACT 13087: 1. The proposed one lot subdivision for condominium purposes of this 36,391 net square foot parcel of land zoned Downtown Specific Plan, District 2, Residential, is proposed to be constructed having 24.4 units per gross acre. 2. The property was previously studied for this intensity of land use at the time the land use designation and Downtown Specific Plan, District 2, zoning designation were placed on the subject property. PC Minutes - 9/l/87 -14- (9147d) 3. The General Plan is set up for the provisions for this type of land use as well as setting forth provisions for the implementation for this type of housing. 4. Tentative Tract 13087 is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-24: 1. The proposed 34 unit condominium project conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element. 2. Coastal Development Permit No. 87-23 is consistent with the CZ suffix and the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 34 unit condominium project can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Land Use Plan of the General Plan. 4. The proposed 34 unit condominium project conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The Mello Bill Affordable Housing requirements, Government Code Section 65590(d), is satisfied in the following manner: a. The City has provided density bonuses within three miles of the coastal zone which have provided affordable housing. b. Due to the location and economics involved it would not be feasible to develop affordable housing on this site. The value of the land coupled with the need to provide subterranean parking on site would prohibit the ability to provide for affordable housing. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 87-29: 1. The elevations received and dated August 28, 1987, shall be the approved elevations. The site plan and floor plans received and dated August 28, 1987, shall be revised to show a maximum of 34 units. PC Minutes - 9/l/87 -15- (9147d) 2. Prior to the issuance of building permits, the following shall be completed: a. The applicant shall submit a landscape and irrigation plan to the Department of Community Development and Public Works for review and approval. Plant material as specified in the Downtown Landscape Guidelines manual shall be used. Palm trees shall be in settings of 3 to 5 with various trunk heights (i.e. 4 feet, 6 feet, 9 feet, 12 feet, and 15 feet). Additional landscape materials of sufficient height shall be planted in the alley adjacent to the building to soften the impact of the structure. b. The applicant shall submit for review and approval of the Public Works Department an interim parking and/or building materials storage plan to assure adequate parking availability for employees, contractors, etc. during the projects construction phase. c. Final Tract 13087 shall be accepted by City Council and recorded with the County Recorder's Office. 3. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 4. Low volume heads shall be used on all spigots and water faucets. 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. All dwellings on the subject property shall be constructed in compliance with State Acoustical standards set forth for units that are within the 60 CNEL contour of the property. 7. The method of trash pick up shall be subject to the approval of Public Works Department. 8. Landscaping within public right-of-way shall be maintained by the developer and/or homeowner's association. 9. Submit a soils report and grading plan for City approval. 10. The configuration of any security gate system shall be approved by the Department of Public Works. 11. Driveway access shall be taken from Tenth Street and one driveway aspproval shall be a minimum 27 feet wide width radius curb construction. 12. Fire hydrant to be installed at loth Street and Pacific Coast Highway. Area fire flow must be a minimum of 4,500 GPM. An eight (8) inch underground main is to be extended and connected on loth Street from Pacific Coast Highway to the alley. PC Minutes - 9/1/87 -16- (9147d) 13. The project is to be protected by an approved automatic sprinkler system, approved fire alarm system and approved standpipe system. 14. Existing and/or former oil well sites will be abandoned pursuant to the Division of Oil and Gas and Fire Department Standards. 15. During construction, project site shall comply with Article 87 of the Huntington Beach Fire Code. In addition, the automatic sprinkler system will be placed in temporary service on the first floor, prior to construction beginning on the second floor (same for second and third floors). At the point of 50% build out, a twenty-four (24) hour security watch shall be maintained, along with on -site fire hoses, as may be approved by the Fire Department. 16. All locked security gates MUST be provided with a "Knox Key Box" emergency access key. 17. Elevator size shall be the minimum as approved by the Fire Department. 18. Building address numbers shall conform to Fire Department Standards. CONDITIONS OF APPROVAL - TENTATIVE TRACT 13087: 1. Tentative Tract 13087 dated July 17, 1987, shall be the approved layout with the following modifications: a. Show the typical street and alley sections and dedications on the Tentative Map. b. Dedicate 2-2/1 feet of alley. c. Dedicate 27 feet and 24 feet right-of-way radii at Tenth and Pacific Coast Highway and Ninth and Pacific Coast Highway, respectively. d. Construct the curb and gutter at 29-1/2 feet from centerline on Tenth Street. e. The sidewalks on Pacific Coast Highway, Ninth and Tenth Streets shall be 11 feet, 8 feet and 8 feet wide, respectively, and shall be adjacent to the curb. 2. Construct all street and alley improvements as required by the City and CalTrans. 3. A 12 inch water main shall be constructed in Tenth Street from Pacific Coast Highway to the alley and 8 inch mains constructed in the alley and Ninth Street. PC Minutes - 9/1/87 -17- (9147d) 4. Construct an 8 inch off -site sewer in the north/south alley from the existing 16 inch main to the OCSD main in Walnut Avenue. Al laterals shall be connected to this main and the existing 8 inch sewer abandoned per City requirements. Also abandon the 16 inch main as required. 5. Street lights shall be constructed per City requirements. 6. Hydrology shall be approved by the City. C-5 CONDITIONAL USE PERMIT NO. 87-33/CONDITIONAL EXCEPTION (VARIANCE) NO. 87-67/COASTAL DEVELOPMENT PERMIT NO. 87-27 APPLICANT: EDWIN PAPAZIAN Conditional Use Permit No. 87-33 in conjunction with Coastal Development Permit No. 87-27 is a request to establish a youth center/teenage night club with live entertainment in a vacant structure (Crocker Bank building) located on the northeast corner of 5th. Street and Olive Avenue. Conditional Exception (Variance) No. 87-67 is a request to permit a variance to the required parking and buffer to residential for live entertainment. ENVIRONMENTAL STATU The proposed project is covered under previously approved Downtown Specific Plan Environmental Impact Report No. 82-2 pursuant to Section 15181 of the California Environmental Quality Act. COASTAL STATUS• The proposed commercial project is subject to approval of a coastal development permit because it is located within coastal zone boundaries under non -appealable jurisdiction of the California Coastal Commission. STAFF RECOMMENDATION: Deny Conditional Use Permit No. 87-33, Conditional Exception (Variance) No. 87-67 and Coastal Development Permit No. 87-27 with findings for denial. THE PUBLIC HEARING WAS OPENED Natalie Kotsch, representing the applicant, spoke in support of the request and the applicant. She stated that the applicant has a potential lease for two years and after investigating his background feels that the proposed center will be very successful. Brad Hollander, applicant, spoke in support of the request. He discussed his proposed plans for the center which included two dances per week, numerous daytime programs and a sponsored scholarship program. PC Minutes - 9/1/87 -18- (9147d) Renzo Bernales, 16722 Cooper Lane, member of the Youth Board-Oceanview High School, spoke in support of the concept of the center. He feels that it is a good idea and will be good for the community. He said that he thinks Huntington Beach needs a place for teenagers to go on weekends. Lisa Nixon, 17861 Carranza Lane, member of the Youth Board-Oceanview High School, spoke in support of the concept of a -youth center. She feels that the proposed teen tutoring program will be beneficial to students and the community. She feels that the dress code to be imposed is a little strict but that it will help the atmosphere. She said that she opposes the plan for a pat -down search upon entrance to the youth center during the dances. She further stated that if the location being proposed is not feasible that the applicant and community should consider locating it elsewhere. James E. Koller, 16001 Ballantine Lane, owner of the building, spoke in support of the proposed use. He feels that the proposed use will provide additional security for the building and will be a benefit to the downtown area. Ed Papazian, applicant, spoke in support of the proposed youth center. He explained the concept of the center and addressed some of the concerns expressed. Douglas Langevin, 8196 Pantucket Drive, addressed his concerns with the proposed use. He feels that the parking and security is not sufficient. He stated that vandalism does not usually occur on -site but off -site because the "hang-outs" that cannot afford to get into the center stay outside and harass. He further stated that it took 9 months to close down Safari Sams and feels that if this use is approved that a condition should be included so that if problems arise it can be closed down in 2 months. Kevin R. Twitty, 305 5th. Street, expressed his concerns with the center. He feels that all night-time uses should be eliminated to avoid problems. Richard Thorpe, 225 5th. Street, spoke in opposition to the center's proposed night time uses. He stated that he does not feel there are enough restrooms in the building for the proposed uses. There were no other persons to speak for or against the project and the public hearing was closed. The Commission had several questions for the applicant regarding the number of security guards planned for the project, occupancy load in the building, number of bathrooms, and compliance with fire codes. The applicant stated that they proposed to have 3 or more guards outside, the occupancy load was at least 400 and that there were two sets of bathrooms for men and women (800 square feet). PC Minutes - 9/1/87 -19- (9147d) Commissioner Leipzig stated that he would be opposed to granting any special permits that would not comply with fire codes, especially in a youth center. Commissioner Livengood stated that he did not feel there was enough parking at the site for the proposed use and felt that a reciprocal parking agreement was needed with Security Bank. He further stated that he felt it would be impossible to control night time uses with only 3 security guards because of the isolated lots and that parking should be required on -site only. He said that he approves the concept of the proposed youth center but objects to the proposed location. He said that the proposed center will be a profit making proposition and feels that it should comply with all codes. The Commission asked the applicant if would be economically feasible to upgrade the building with a possibility of the conditional use permit being revoked after a six month review and if the applicant was prepared to comply with the fire requirement to sprinkle the building. The applicant stated that he was confident that the proposed use would be a success and that he felt that it would be economically feasible to upgrade the building however was not aware of the requirement to sprinkle the building. It was suggested by the Commission that the applicant and staff further review the proposal. A MOTION WAS MADE BY LIVENGOOD, SECOND BY HIGGINS, TO DENY CONDITIONAL USE PERMIT NO. 87-33, CONDITIONAL EXCEPTION (VARIANCE) NO. 87-67 AND COASTAL DEVELOPMENT PERMIT NO. 87-27, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES; Livengood NOES: Silva, Higgins, Pierce, Leipzig ABSENT: Schumacher, Summerell ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LEIPZIG, SECOND BY SILVA, TO CONTINUE CONDITIONAL USE PERMIT NO. 87-33, CONDITIONAL EXCEPTION (VARIANCE) NO. 87-67 AND COASTAL DEVELOPMENT PERMIT NO. 87-27 TO THE OCTOBER 6, 1987 PLANNING COMMISSION MEETING WITH RE -NOTIFICATION OF THE PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig NOES: Livengood ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED PC Minutes - 9/l/87 -20- (9147d) C-6 CONDITIONAL USE PERMIT NO 87-32/CONDITIONAL EXCEPTION (VARIANCE) N0. 87-63 APPLICANT: DONALD KROTEE Conditional Use Permit No. 87-32 is a request to upgrade an existing full service car wash and service station facility at 16921 Algonquin Street. Conditional Exception (Variance) No. 87-63 is a request to permit tandem parking, a reduction in the number of required on -site parking spaces and a reduction in the amount of required 3 foot landscape planters on the perimeter of the property. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. COASTAL STATUS: The proposed project is exempt from the Coastal Development Permit process pursuant to Section 989.5.3.1 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-32 and Conditional Exception (Variance) No. 87-63 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Don Krotee, applicant, spoke in support of the request and made himself available to answer any questions. There were no other persons present to speak for or against the request and the public hearing was closed. Staff added a condition that the building elevations, building materials, colors and design elements were subject to Design Review Board approval. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO APPROVE CONDITIONAL USE PERMIT NO. 87-32 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-63, WITH ADDED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED PC Minutes - 9/1/87 -21- (9147d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 87-32: 1. The modification, maintenance and operation of the car wash and service station 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 location, site layout, on -site circulation and design of the existing use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 3. The granting of Conditional Use Permit No. 87-32 will not adversely affect the General Plan of the City of Huntington Beach. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 87-63: 1. The proposal to remodel the existing car wash/gas station is consistent with the goals and objectives of the City's General Plan and Land Use Map. 2. Granting a reduction in landscape planter requirements will not reduce the required total open space area (1,333 square feet is required, 6% of net site area, and 1,540 square feet plus will be provided). 3. 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 is a corner lot and the proposal is to enhance and maintain an existing permitted use. 4. The granting of Conditional Exception (Variance) No. 87-63 is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of Conditional Exception (Variance) No. 87-63 for reduced landscaping requirements and parking will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The proposed project will serve to enhance the site and surrounding area. 6. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. PC Minutes - 9/1/87 -22- (9147d) 1 1 CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 6, 1987, shall be revised depicting the modifications described herein: a. The parking space labeled as #8 on the August 6, 1987 site plan shall be designated for handicapped use. b. The westernmost driveway located on Davenport Drive shall be designated for egress only. C. The "outside" tandem parking spaces designated as #2, #3, #6 and #8 on the August 6, 1987 site plan shall be designated for customer parking. - 2. Prior to issuance of building permits, the following shall be completed: a. A landscape and irrigation plan shall be submitted to the Department of Community Development and Public Works for review and approval. Landscaping shall comply with Section 960 of the Huntington Beach Ordinance Code except as noted herein. b. A rooftop Mechanical Equipment Plan indicating screening of all rooftop mechanical equipment and delineating the type of material proposed to screen said equipment shall be submitted for review and approval. c. An irrevocable reciprocal driveway easement between the subject site and adjacent properties shall be prepared. 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. In addition to the reciprocal access agreement, the property owner shall actively pursue a reciprocal parking agreement with the retail center to the north. If such an agreement is not mutually agreeable, proof that the car wash/service station owner attempted to enter into such an agreement with the adjacent landowner shall be provided to the City prior to the issuance of a final Certificate of Occupancy. d. All applicable Public Works fees shall be paid prior to issuance of building permits. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. PC Minutes— 9/1/87 -23- (9147d) 4. All existing signs shall be made to conform with Article 961 of the Huntington Beach Ordinance Code within 90 days from date of approval. 5. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 6. All repair work shall be conducted wholly within the building. 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. Proposed structures shall be architecturally compatible with existing structures. 9. Low -volume heads shall be used on all spigots and water faucets. 10. Wastewater from the car wash shall be recycled to reduce the demand for water service. Recycling techniques shall be subject to the approval of the City's Water Department. 11. Water service for the site shall be upgraded to current standards. Water service shall be in proper location and water backflow protection shall be provided by installing a reduced pressure principal device on water recirculating pumps. Water service location and backflow protection measures shall be subject to the approval of the City's Water Department. 12. 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. 13. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 14. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 15. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 16. Dispensing of flammable liquids must comply with Fire Code Article 79, Division 9, which includes the following: a. Gasoline supervision by attendant,or remote video camera and monitor installed in cashier's booth for supervision. b. Intercom system installed to communicate to pump islands. PC Minutes - 9/l/87 -24- (9147d) 1 r- I 17. If any tank removal or installation is planned, permits for removal and installation must be obtained from Orange County Environmental Health and the Fire Department. 18. Parking shall only be permitted in designated parking stalls. 19. Carpooling and use of public transportation shall be encouraged by management for employees. 20. A review of the use shall be conducted within six (6) months of the date of this approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. 21. The Planning Commission reserves the right to revoke Conditional Use Permit No. 87-32 and Conditional Exception (variance) No. 87-63 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 22. All building elevations, building materials, colors and design elements, including framing and awnings shall be subject to approval by the Design Review Board to ensure compatibility with proposed remodel of Huntington Harbor Commercial Center to the north. C-7 CONDITIONAL USE PERMIT NO, 87-26 APPLICANT: MARCA WESTON WHITFIELD Conditional Use Permit No. 87-26 is a request to operate a 3,100 square foot beauty school in an industrial complex. The Zoning Code (Section 9630) requires Planning Commission approval of a conditional use permit for all private schools. Due to problems meeting the parking requirement of one space per 35 square feet of instruction area, the applicant is requesting a continuance to the September 15, 1987 Planning Commission meeting allowing time for proper notification of a variance for parking. Upon staff recommendation, the applicant is also investigating the feasibility of obtaining a different suite in the same industrial complex which is oriented to a greater number of available parking spaces. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 87-26 to the September 15, 1987 Planning Commission meeting.at the applicant's request. PC Minutes - 9/1/87 -25- (9147d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO CONTINUE CONDITIONAL USE PERMIT NO. 87-26 TO THE SEPTEMBER 15, 1987 PLANNING COMMISSION MEETING, AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED C-8 USE PERMIT NO. 87-59 (REFERRED BY ZONING ADMINISTRATOR) APPLICANT: GIB AND CATHI BARBERIS On July 29, 1987, the Zoning Administrator referred Use Permit No. 87-59 to the September 1, 1987 Planning Commission meeting. Use Permit No. 87-59 is a request to modify Condition of Approval No. 14 of Use Permit No. 85-70 which prohibits restaurants with seating. The applicant is requesting that the condition be modified to allow restaurants with a maximum of twelve (12) seats. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 5, Section 15305 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Use Permit No. 87-59 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Gib Barberis, 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 SILVA, SECOND BY HIGGINS, TO APPROVE USE PERMIT NO. 87-59 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED PC Minutes - 9/l/87 -26- (9147d) FINDINGS FOR APPROVAL: 1. The modification to allow restaurants with a maximum of twelve (12) seats will not be detrimental to: a. The general welfare of persons residing or working in the vicinity because the required number of parking spaces has already been provided. b. Property and improvements in the vicinity of such use or building because there are no doors at the rear or side of the building and the rear and sideyard areas have been secured. 2. The granting of Use Permit No. 87-59 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 granting of Use Permit No. 87-59 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. CONDITIONS OF APPROVAL: 1. All conditions of approval for Use Permit No. 85-70 shall apply with the following modification to condition No. 14: a. Business hours of all tenants within the commercial center shall be limited to between 7:00 AM and 10:00 PM. Restaurants with more than 12 seats, cocktail lounges, and live entertainment and dancing establishments shall be prohibited. No alcohol sales shall be permitted. 2. The Planning Commission reserves the right to revoke Use Permit No. 87-59 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C-9 "NOISE AND AIR QUALITY REPORT FOR CONDITIONAL USE PERMIT NO, 867-50 NEWCOMB DEVELOPMENT CO. On October 21, 1986, the Planning Commission conditionally approved Conditional Use Permit No. 86-50, a•request to permit a 159 unit residential project identified as the Summerhill Project. The Planning Commission's approval was appealed to the City Council based on the assertion that the project was too intense and that there would be significant traffic impacts, noise, and fumes associated with the subterranean parking garage. PC Minutes - 9/l/87 -27- (9147d) On December 1, 1986, after a public hearing, the City Council upheld the Planning Commission's approval of Conditional Use Permit No. 86-50 which included Condition No. 1-h which requires that the subterranean parking garage shall be fully mechanically ventilated with maximum projection of 18 inches above grade or a plan submitted which would mitigate potential noise and air quality concerns. STAFF RECOMMENDATION: Accept the "Noise and Air Quality Assessment for Parking Structure for the Summerhill Residential Project" as adequate with mitigation measures: 1. Construct minimum 6 foot high sound wall at the property line. 2. Install fiberglass sound absorption board inside the garage area. 3. Utilize a rough garage flooring. 4. Reduce the opening along the rear side of the parking structure from the currently planned 4.5 feet to 2 feet. THE PUBLIC HEARING WAS OPENED John Newcomb, applicant, spoke in support of the assessment and stated that he had no problems with the mitigation measures. Lee Weider, representing the applicant, asked for clarification on regarding mechanical ventilation. There were no other persons present to speak for or against the assessment and the public hearing was closed. A MOTION WAS MADE BY HIGGINS, SECOND BY LIVENGOOD, TO ACCEPT THE NOISE AND AIR QUALITY ASSESSMENT FOR THE PARKING STRUCTURE FOR THE SUMMERHILL RESIDENTIAL DEVELOPMENT (CONDITIONAL USE PERMIT NO. 86-50), DATED NOVEMBER 12, 1986, AND THE PROJECT SHALL INCORPORATE THE MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED PC Minutes - 9/l/87 -28- (9147d) D. ITEMS NOT FOR PUBLIC HEARING D-1 REPORT BACK TO CITY COUNCIL ON CODE AMENDMENT NO, 87-3, OFFICE PROFESSIONAL (OP) DISTRICT STAFF RECOMMENDATION: Discuss the issue of setbacks adjacent to R1 zoned properties and make recommendation to the City Council. On August 17, 1987, the City Council voted to continue Code Amendment No. 87-3 (and the accompanying Zone Change No. 87-1) to the meeting of September 21, 1987, and requested that the Planning Commission report back on the specific issue of required setbacks adjacent to R1 districts. Some council members indicated there are good intentions by such a code amendment but felt there could be an exception clause for one lot that is most -affected by the revisions. When the code amendment was approved by the Planning Commission on May 5, 1987, the Commission voted to modify these setbacks. The existing code for the R5 district requires a fifteen (15) foot rear yard setback when adjacent to R1 and 5 foot interior sideyard setback whether or not it abuts R1 zoned property; the proposed code specifies this greater setback (15 feet) for side yards as well (Section 9200.6). Staff continues to recommend the increased setback for side yards when the property abuts R1. Staff outlined three alternative code amendment changes that address the concerns raised by the property owner whose building will become nonconforming, and require a greater building setback for any future upper level construction, by the proposed code amendment. That office building currently has a five (5) foot side yard setback from the rear yards of neighboring R1 properties. STAFF RECOMMENDATION: Discuss the issue of setbacks adjacent to R1 zoned properties and make recommendation to the City Council. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO RECOMMEND ALTERNATIVE 1 TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED ALTERNATIVE #1: Include an exception provision for existing buildings. Proposed Section 9200.6 regulation could be revised to apply to new developments only and that any expansion of existing buildings may be built with the same existing setback. PC Minutes - 9/l/87 -29- (9147d) E. DISCUSSION ITEMS E-1 AD HOC COMMITTEE - CODE ENFORCEMENT FOR CITY A MOTION WAS MADE BY SILVA, SECOND BY LIVENGOOD, TO ESTABLISH AN AD HOC COMMITTEE ON CODE ENFORCEMENT FOR THE CITY WITH A RECOMMENDATION FOR A JOINT COMMITTEE WITH THE CITY COUNCIL, A REPRESENTATIVE FROM COMMUNITY DEVELOPMENT, AND FROM THE CITY ATTORNEY'S OFFICE. COMMISSIONERS SILVA, LIVENGOOD, SCHUMACHER WERE APPOINTED TO SERVE ON THE COMMITTEE REPRESENTING THE PLANNING COMMISSION. AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED E-2 CONCEPTUAL DEVELOPMENT PLAN - PAUL WEATHERLY A preliminary review was made of the conceptual development plan for the 41,500 square foot building being proposed by Paul Weatherly. Concerns regarding adequate parking and fire requirements were discussed. E-3 LETTER FROM FHP REQUESTING TWO SATURDAY FLU CLINICS Condition of Approval No. 4 of Conditional Use Permit No. 87-5 and Conditional Exception (Variance) No. 87-9 stipulated that any additional hours would be subject to review and approval by the Planning Commission. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE THE ADDITION OF TWO SATURDAY FLU CLINICS TO BE HELD BETWEEN 8:00 AM AND 6:00 PM IN THE MONTH OF NOVEMBER, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED PC Minutes - 9/l/87 -30- (9147d) 1 E-4 F. G. Um MODIFICATIONS OF CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO 87-22 - WATER BOOSTER STATION AT CLAY AVENUE AND GOLDENWEST STREET It was requested by the Commission that this item be agendized under E - Discussion Items for the next regularly scheduled Planning Commission meeting. PENDING ITEMS The following pending items were added to the pending items list: M. WESTLAND INDUSTRIAL PARK BLOCK WALL OCEANVIEW STABLES - FENCE ALONG REAR PROPERTY LINE FALLING DOWN IN NEED OF REPAIR REMOVAL OF 4x4 PIECE OF WOOD AT FALKLAND AND CHANNEL STREETS The following on -going pending items were discussed: 87-4 - PARKING VIOLATIONS AT 305 17TH. STREET - Gate is still locked and rusty, boat being stored in middle of parking lot, parking area not being used as intended. 87-13 - 3311 EASTER CIRCLE - Violations occurring on week -ends and after 5:00 PM. Suggested that an after-hours check be made. 87-1 - NEWSPAPER RACKS DISPLAYING IMPRUDENT MATERIAL AT THE WARNER AVENUE POST OFFICE - Suggested that before closing case that Commissioner Schumacher be contacted for comments. PLANNING COMMISSION ITEMS It was requested by the Commission to change the special meeting scheduled for September 22, 1987, to September 29, 1987, because of conflicts in Commissioners schedules. A motion to include the change would be included during adjournment. COMMUNITY DEVELOPMENT ITEMS None PC Minutes - 9/l/87 -31- (9147d) I. ADJOURNMENT A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, AT 10:45 PM, TO ADJOURN THE MEETING TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING OF SEPTEMBER 15, 1987, AND THEN TO A STUDY SESSION ON MEADOWLARK AT 6:00 PM AND A SPECIAL MEETING AT 7:00 PM ON SEPTEMBER 29, 1987, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Schumacher, Summerell ABSTAIN: None MOTION PASSED APPROVED: & mmc - Mike Adams, Secretary t. Kept M. Pierce, Chairman 1 PC Minutes - 9/l/87 -32- (9147d)