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HomeMy WebLinkAbout1988-04-05APPROVED 6/7/88 MINUTES HUNTINGTON BEACH PLANNING COMMISSION APRIL 5, 1988 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Pierce, Livengood, Silva, Leipzig, Ortega P P Higgins, Bourguignon A. CONSENT CALENDAR: A-1 MINUTES OF FEBRUARY 17 AND MARCH 1, 1988 PLANNING COMMISSION MEETINGS A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO APPROVE MINUTES OF FEBRUARY 17, 1988 PLANNING COMMISSION MEETING, AS SUBMITTED, AND APPROVED MINUTES OF MARCH 1, 1988 PLANNING COMMISSION MEETING, WITH AMENDMENTS, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Leipzig, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: Ortega MOTION PASSED B. ORAL COMMUNICATIONS Commissioner Pierce announced that he was resigning his position of Planning Commissioner for personal reasons and that this would be his last meeting. A MOTION WAS MADE BY SILVA, SECOND BY LEIPZIG, TO PREPARE A RESOLUTION EXPRESSING APPRECIATION TO COMMISSIONER PIERCE FOR HIS SERVICE TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: Pierce MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO MOVE ITEM E-1 TO BE HEARD UNDER "B" ITEMS REGARDING THE DOWNTOWN SPECIFIC PLAN, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E-1 CODE AMENDMENT NO. 88-3 - REVIEW OF FINAL LANGUAGE (REVISIONS TO DOWNTOWN SPECIFIC PLAN APPROVED MARCH 15, 1988) A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO ACCEPT, WITH REVISIONS, FINAL LANGUAGE TO THE DOWNTOWN SPECIFIC PLAN APPROVED MARCH 15, 1988, EXCEPT SECTION 4.2.13(b), COMMERCIAL PARKING STANDARDS, WHICH WILL BE REVIEWED ON APRIL 19, 1988, AND FORWARD TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: Pierce ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/5/88 -2- (0531d) C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO, 88-7 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO, 88-3/TENTATIVE TRACT 13478 (CONTINUED FROM THE MARCH 1. 1988 PLANNING COMMISSION MEETING) APPLICANT: CALIFORNIA RESORTS/CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY Conditional Use Permit No. 88-7, in conjunction with Tentative Tract Map 13478 and Coastal Development Permit No. 88-3, is a joint request by California Resorts and the Redevelopment Agency of Huntington Beach to develop a mixed use project within the Downtown Specific Plan in an area approximately bounded by Pacific Coast Highway, Main Street, Walnut Avenue and Second Street. The request consists of an entertainment center with retail, commercial and a six-plex movie theater in addition to a 4-story, 160 unit condominium project. There are three special permit requests related to setbacks, vehicle accessway widths, and private patio areas. The original request included two alternatives. Alternative A was an 8-story hotel complex with 160 hotel suites, 20,000 sq. ft. of retail space (including a restaurant) and 3,000 sq. ft. of office space in conjunction with the 160 unit condominium project. Alternative B was the entertainment center option in conjunction with the 160 unit condominium project. The City Council gave direction on March 21, 1988 to pursue Alternative B, (the entertainment center option). The City Council, in July of 1983, certified Environmental Impact Report No. 82-2 which addresses the type and intensity of development which could be proposed within the development standards of the Downtown Specific Plan. The proposed project, located in District 3 of the Downtown Specific Plan, is less intense than the maximum built out analyzed in Environmental Impact Report 82-2, thus is adequately covered under the guidelines of the California Environmental Quality Act. COASTAL STATUS: The proposed mixed use project is subject to the approval of a Coastal Development Permit because it is located within coastal zone boundaries. REDEVELOPMENT STATUS: The project is located within the boundaries of the Downtown Redevelopment Area. PC Minutes - 4/5/88 -3- (0531d) SPECIFIC PLAN: The Downtown Specific Plan describes the land uses intended for District 3 as the "hub of the downtown core, containing higher intensity, visitor -serving uses such as hotels, restaurants and museums along with specialty shops and beach -related commercial uses." It also allows for residential uses. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-7 with special permits, Coastal Development Permit No. 88-3 and Tentative Tract 13478 for a mixed -use project with entertainment center which -includes retail, office and a six-plex movie theater in addition to 160 residential condominium units with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Kay Seraphine,,509,,17th. Street, stated she felt it was a pleasing project because of the reduced building heights and the retention of the view corridors., She expressed concerns with the parking, site coverage, marquee and the 6 foot wall and suggested that mitigations be made to alleviate these concerns. Dean Albright, 17301 Breda Lane, addressed,his--concernd'-regirding noise, traffic and�•parking. Loretta Wolfe, 411 6th. Street, voiced her concerns with the noise from the project. 'She also stated that the alley widths were too narrow and would be detrimental to health, safety and welfare. Dianne Easterling, 203 8th. Street, stated her health, safety and welfare concerns. Doug Langevin, 8196 Pawtucket Drive, spoke in opposition to the project. He expressed his concerns with the parking problems in the area. He.also-feels that the colonades along Pacific Coast Highway should be further set back. Richard Harlow, representing the applicant, spoke in support of the project. -He requested that the affordable housing provisions be waived. There were no -other persons present to speak for or against the project and the public,-hearing.was closed. Parking was the main concern expressed by all Commissioners. Other concerns discussed included density, site coverage, -affordable housing, theater hours, location of night club, mitigation measures to alleviate noise emanating from night club, and the theater marquee. Straw votes were taken on each issue. The results of the straw votes are as follows: I PC Minutes - 4/5/88 -4- (0531d) A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO ALLOW 124 RESIDENTIAL UNITS INSTEAD OF 160, BY THE FOLLOWING VOTE: AYES: Livengood, Leipzig, Higgins NOES: Pierce, Silva, Ortega, Bourguignon STRAW VOTE MOTION FAILED A STRAW VOTE MOTION WAS MADE BY PIERCE, SECOND BY ORTEGA, TO ALLOW 106 RESIDENTIAL UNITS INSTEAD OF 160, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Leipzig, Ortega NOES: Silva, Higgins, Bourguignon STRAW VOTE MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, FOR A MAXIMUM OF 60 PERCENT SITE COVERAGE FOR COMMERCIAL AND 50 PERCENT FOR RESIDENTIAL, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Leipzig, Ortega, Higgins NOES: Bourguignon -biffimmam A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG,• TO RELOCATE THE ELECTRICAL VAULT TO A LOCATION THAT PRESENTS THE LEAST PUBLIC HAZARD, WITH APPROVAL BY THE FIRE DEPARTMENT, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Leipzig, Ortega, Higgins NOES: Bourguignon A STRAW VOTE MOTION WAS MADE BY PIERCE, SECOND BY LIVENGOOD, TO DROP THE AFFORDABLE HOUSING REQUIREMENT, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Ortega, Higgins, Bourguignon NOES: Leipzig A STRAW VOTE MOTION WAS MADE BY PIERCE, SECOND BY LEIPZIG, TO LIMIT THE THEATER HOURS TO AFTER 5:00 PM ON WEEKENDS AND HOLIDAYS, BY THE FOLLOWING VOTE: AYES: Pierce NOES: Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon PC Minutes - 4/5/88 -5- (0531d) A STRAW VOTE MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO LOCATE THE NIGHT CLUB ADJACENT TO MAIN STREET, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins NOES: Bourguignon ABSTAIN: Pierce STRAW VOTE MOTION PASSED A STRAW VOTE MOTION WAS MADE BY PIERCE, SECOND BY LEIPZIG, TO PROHIBIT THE THEATER MARQUEE/SIGN TO BE LOCATED ON PACIFIC COAST HIGHWAY AT MAIN STREET, BY THE FOLLOWING VOTE: AYES: Pierce, Leipzig, Ortega, Higgins NOES: Livengood, Silva, Bourguignon STRAW VOTE MOTION PASSED { A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO MAKE THE PROJECT RESPONSIBLE -FOR PROVIDING -THE BALANCE OF REQUIRED OFF-STREET PARKING SPACES IN A PARKING STRUCTURE AT A DETERMINED LOCATION, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood,�Silva, Leipzig,.Ortega, Higgins, Bourguignon '° NOES: None- � 1104000R,0!2A**D0 Richard Harlow,•representing the applicant, asked the Commission to reconsider the density for -the residential -units. He asked them to consider 130,,units•with 155 on -site parking spaces. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY BOURGUIGNON, TO ALLOW 130 RESIDENTIAL UNITS INSTEAD OF 160, BY THE FOLLOWING VOTE: AYES: Pierce,'Livengood, Silva, Leipzig, Higgins, Bourguignon NOES: Ortega STRAW VOTE MOTION PASSED Conditions of approval were added to reflect the results of the straw votes. Staff was requested to prepare the final findings and conditions of approval and present it to the Planning Commission for final approval at the next meeting. PC Minutes - 4/5/88 -6- (0531d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CONDITIONAL USE PERMIT NO. 88-7 WITH SPECIAL PERMITS, COASTAL DEVELOPMENT PERMIT NO. 88-3 AND TENTATIVE TRACT 13478, WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None FrINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 88-7: 1. The proposed mixed use project with an entertainment/commercial center (a maximum 1,750 seat theater; 23,575 square feet of commercial; 15,925 square feet of office space; 10,000 square foot restaurant with 3,500 square foot outdoor deck area; and a maximum 3,000 square foot night club) and 130 condominium units will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the vicinity and will not be detrimental to the value of the property and improvements in the vicinity. 2. The proposed mixed use project with entertainment/commercial center and 130 condominium units is designed to be compatible with existing and proposed uses in the vicinity. 3. The location, site layout and design of the proposed mixed use project with entertainment/commercial center and 130 unit condominium project is properly related to the streets, drives and other structures and uses in the vicinity in a harmonious manner. 4. The architecture and design of the proposed mixed use project is in conformance with the adopted Design Guidelines for the' Downtown Specific Plan. 5. The general appearance including architectural features of the proposed mixed use project shall enhance the orderly and harmonious development of the Downtown Specific Plan. 6. The proposed mixed use project with entertainment/commercial center and 130 condominium units is consistent with the goals and policies of the Huntington Beach General Plan.- 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; exceeding the required amount of common open space. PC Minutes - 4/5/88 -7- (0531d) a. Setbacks of 10 feet in lieu of 15 feet along Pacific Coast Highway and Walnut for encroachment of a colonade. b. A reduction in the required alley width from 30 feet to 27 feet and a reduction in the main accessway width from the required 28 feet to 27 feet. c. An increase in site coverage to create a better project profile and to help red»ce the potential conflict of adjacent residential and commercial uses.is necessary. Residential will have a maximum site coverage of 59 percent and commercial a maximum of 60 percent. 2. The approval of the special permits for encroachment in setbacks, accessway widths and increase in site coverage 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 for encroachment in setbacks, accessway widths and increase in site coverage 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 6pecial:permits for encroachment in setbacks,,accessway widths and increase in site coverage are consistent with the policies of •the:Coastal,Element of the City's General Plan and the -California Coastal Act. O ' 1 • PM 4 ' 1. The proposed two lot subdivision for condominium and commercial purposes of the 170,912 net square foot parcel of land zoned Downtown Specific Plan -District 3, is proposed to be constructed having 130 units per gross acre and with a 1.0 FAR. 2. The property was previously studied for a greater intensity of land use at the time the land use designation and Downtown Specific Plan -District 3 zoning designation were placed on the subject property. 3. The Huntington Beach General Plan is designed with provisions for the type of land use proposed, mixed use with entertainment/commercial center and residential, as well as setting forth provisions for the implementation of the proposed project: 4. The site is relatively flat and physically suitable for the proposed density and type of development. 5. Tentative Tract 13478 is consistent with the goals and policies of the Huntington Beach General Plan. PC Minutes - 4/5/88 -8- '(0531d) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT- 1. The proposed mixed use project with entertainment/commercial center and 130 residential condominium units conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element. 2. Coastal Development Permit No. 88-3 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 project. 3. The proposed mixed use project with entertainment/commercial center and 130 condominium units shall 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 mixed use project with entertainment/commercial center and 130 condominium units conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The Mellow Bill Affordable Housing requirements, Government Code Section 65590(d), are 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 88-7: 1. The site plan, floor plan and elevations received and dated March 25, 1988, shall be the conceptually approved layout with the modifications described herein: a. Number of units shall be reduced from 160 to 130 in order to create a greater separation of the residential from the commercial portions of the project; provide an increase in the average unit size; provide for a better overall building profile; and to provide greater view opportunities. b. The finished floor of the first level units and adjacent common open space areas of the residential portion of the project shall be elevated to a maximum of 8 feet above existing grade for the creation of a greater physical separation of the residential from the commercial portions of the project. PC Minutes - 4/5/88 -9- (0531d) c. The residential building elevations adjacent�to Pacific Coast Highway and Second Street shall be modified to show a greater degree of,upper story setback or other building wall movement,,subjec.t to review by the Design Review Board. d. The vallet/passenger drop off area adjacent to,Walnut Avenue shall be modified to reduce the potential conflict of pedestrians and vehicles entering the project, subject to review by the Planning Commission. e. The residential project shall include the following sound mitigation features: (1) Double glassing on all exterior perimeter windows (2) Intensified landscape materials with water feature (3) Vertical separation from pedestrian accessway f. All private open space shall comply with the minimum dimension,and square feet requirements -of the Downtown Specific -Plan. g. Parking layout, shall show minimum 26 foot aisleways with all spaces dimensioned at 8-1/2 feet by 18 feet except those adjacent to a wall over 42 inches in height which shall be 12 feet in width. h. Depict all utility,apparatus, such as,,but not -limited to .backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened•.by landscaping or other method approved by,the Community,Development•Director. i. Depict commercial.electrical vault in a location that presents the least public hazard subject to review and approval by the Fire Department, Public Works Department and Community Development Department—t. j. Adequate trash enclosures shall be provided with a method of trash pick up subject to the approval of the Public Works,Department and -Community Development Department. k. The - three security gates in the residential parking structure shall be located so no dead-end driveways are created for guest parking. 1. Circulation in,the entertainment center parking structure shall provide a continuous flow on the first level down to the second level subject to the approval of the Public Works Department and Department of Community Development. m. Site coverage shall not exceed 59 percent for residential and 60 percent for commercial. PC Minutes - 4/5/88 -10- (0531d) n. Parking layout shall be modified to add an additional 155 spaces on -site. If it is not feasible to incorporate the total additional spaces on -site, the shortfall must be made up in the off -site adjacent parking structure as identified in Condition No. 5. 2. Prior to the issuance of building permits, the following shall be completed: a. Street improvements as determined necessary by the Fire Department. b. Water mains and fire hydrants shall be installed and operating. C. All existing or abandoned oil well sites must be abandoned pursuant to Department of Gas and Oil and Fire Department standards. d. A circulation and parking management plan by a traffic engineer addressing valet parking, ingress and egress to the site, the allocation and assignment of parking spaces for residential tenants, and the need for a second ingress and egress ramp to the residential subterranean parking structure shall be submitted and approved by the Department of Community Development. e. Prior to combustible or above grade construction, a fire protection plan, pursuant to Article 87 of the Huntington Beach Fire Code, shall be submitted for approval by the Fire Department. The plan shall have provisions for: phased installation of sprinkler systems, on -site security, and telephone for emergency notification. f. Final tract map for the subject site shall be accepted by the City Council and recorded with the County Recorder's Office. g. A copy of the revised site plan, elevations and floor plans, pursuant to Condition No. 1 of this report shall be submitted as record for the conditional use permit file. h. A landscape and irrigation plan pursuant to the Downtown Design Guidelines and Article 960 shall be submitted and approved by the Community Development Department and Public Works Department. i. A rooftop mechanical screening plan submitted and approved by the Department of Community Development. j. An affordable housing agreement plan to provide affordable housing within 3 miles of the Coastal Zone for the replacement of the 12 existing units displaced as a result of this project shall be submitted for review and approval by the Community Development Department. PC Minutes - 4/5/88 -11- (0531d) k. Hydrology/hydraulic drainage studies shall be submitted to the Public Works Department for approval. 1. A grading plan and soils report shall be submitted to the Departmenttof Public Works for approval. m. All applicable Public Works fees shall be paid prior to issuance of building permits. n. The applicant shall post a cash deposit for•the public improvements on one-half width of Main Street from Pacific Coast Highway to Heidi's adjacent to the subject property in an amount to be determined by Public Works. o. The parking facility identified in Condition No. 5 shall be approved by -the City of Huntington Beach. 3. The following Fire Department requirements shall be complied with: a. Fire lane shall be minimum 27 feet clear width from Walnut to Pacific°Coast Highway. Turf block is unacceptable as a fire lane surface. b. Building address•numbers shall be installed pursuant to Fire Department standards. c. Fire flow for entertainment/condominium plan is 4,750 gallons per minute. Water system shall provide•minimum fire flows. d. Five fire hydrants are required for this project in locations to be,approved by the Fire Department. e. Alleyway from Walnut Avenue, behind existing buildings shal-1 be a minimum 27 feet clear width for Fire Department access. f. All structures in project shall be provided with the following: (1) Automatic fire sprinklers throughout with combination standpipe systems; (2) Fire alarm system with graphic annunciators. g. Elevators throughout project shall be a minimum size of 6 feet-8 inches by 4 feet-3 inches with minimum opening of 42 inches. h. Access for emergency purposes shall be provided to all perimeter stairways from public streets. PC Minutes - 4/5/88 -12- (0531d) 4. The following Public Works Department requirements shall be complied with: a. A right turn lane shall be constructed at Pacific Coast Highway and Main Street per City and CalTrans design criteria. The appropriate right of way shall be dedicated to accommodate the right turn lane. b. The traffic signal at Pacific Coast Highway and Main Street shall be relocated per City and CalTrans standards. c. Walnut Avenue, Main Street and Second Street shall be constructed per Public Works standards. d. Driveways shall be 27 feet wide minimum and radius type construction. e. The parking structure for the condominium units requires two entries/exits unless one entry is determined adequate by a traffic engineer pursuant to Condition No. 2.d. f. The proposed 27 foot wide commercial alley is adequate until the property to the west dedicates an additional 5 feet. g. Landscaping (including public right of way) shall be per the Downtown Guidelines and maintained by the developer/ homeowner's association. h. Street lighting shall be installed per the Downtown Guidelines and the City electrician's requirements. j. Parking shall be prohibited on Walnut Avenue and Pacific Coast Highway. j. All utilities located in the alleys and streets to be abandoned shall be removed per the direction of utility companies' representatives. k. A 12 inch minimum sewer main shall be constructed in Main Street and Walnut Avenue and connect to the County's coast truck sewer at the alley between Main and Third Street. 1. A 12 inch water mains shall be constructed in: (1) Main Street from the existing 12 inch main in the south side of Pacific Coast Highway to Walnut Avenue. (2) Walnut Avenue from Main to Second Street, connecting the existing mains in the north/south alleys. (3) Second Street from Walnut to Pacific Coast Highway. PC Minutes - 4/5/88 Y -13- (0531d) m. Any on -site water facilities required to be dedicated to the City shall be located in vehicular travelways. The developer/ homeowner's association shall be held. responsible for repairing the enhanced pavement, if the water facilities need to be maintained or repaired. n. All security gate configurations shall include on -site turn-arounds (no backing into the streets) and shall be approved by the Public Works Department, Fire Department and Community Development Department. 5. The project shall be responsible for providing the balance of required off-street parking spaces in a parking structure to be built at the northwest corner of Walnut and Third Streets. 6. Provide a centralized mail delivery facility which shall be architecturally compatible with the structures. 7. 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. 8. All guest parking spaces shall be designated as such by marking "Guest Parking" on the surface of each stall. 9. Street furniture and other required improvements shall be provided in public plaza areas according to the Downtown Design Guidelines and dedicated to the City of Huntington Beach. 10. A planned sign program shall be submitted to the Design Review Board for review and approval for all signing. Said program shall be,approved by the Department of Community Development prior.to the first sign request. a. Advertising of the theater complex, including the marquee, shall not -be permitted at the corner of Pacific Coast . Highway and Main Street. 11. 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. 12. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. This requirement may be waived provided the applicant installs a more energy efficient alternative subject to the review and approval by the Community Development Department. 13. Low -volume heads shall be used on all spigots and water faucets. 14. 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. PC Minutes - 4/5/88 -14- (0531d) 15. The location of the night club shall be limited to 3,000 square feet at a location facing Main Street subject to review and approval by the Community Development Director. 16. Conditional Use Permit No. 88-7 and Coastal Development Permit No. 88-3 shall not become effective until the proposed revisions to the Downtown Specific Plan are approved by City Council and in effect. 17. Any modifications to plans shall be subject to additional review and approval by the Planning Commission. Any modifications which result in an increase of project intensity shall be subject to additional public hearings. Modifications to interior layouts or exterior finishes shall be subject to Design Review Board review and approval. CONDITIONS OF APPROVAL - TENTATIVE TRACT 13478: 1. Prior to final recordation of Tentative Tract 13478 the following shall be completed: a. CC&R's for the subdivision addressing the conditions herein, Article 915 and Condition 2.d of Conditional Use Permit No. 88-7 shall be reviewed and approved by the City Attorney and Department of Community Development in accordance with Article 915. b. Legal documents which will provide for restricting the use of common spaces for the designated purpose, as approved on the final development plan, for the residential project, shall be submitted and approved by the Department of Community Development and the City Attorney. 2. The tentative tract map shall be revised to show: a. Typical cross section for Pacific Coast Highway and the public alley. b. Right of way radii of 25 feet at Pacific Coast Highway and Main and Pacific Coast Highway and Second Street. c. Right of way radii of 30 feet at Walnut and Second Street. d. A 12 foot wide raised median in Walnut Avenue. e. The sidewalk in Second Street is 7 foot wide. f. Adjustment in lot lines, if necessary, to be consistent with division between commercial and condominium uses. 3. All Pacific Coast Highway improvements shall meet CalTrans criteria. PC Minutes - 4/5/88 -15- (0531d) 4. Vehicular access rights to the streets surrounding the tract shall be•dedicated to the City except at approved driveway locations. 5. Tentative Tract No. 13478 shall not become effective until the proposed revisions to the Downtown Specific Plan have been approved by City Council and are in effect. C-2 CONDITIONAL USE PERMIT NO, 88-3 APPLICANT: GERALD R. UNRUH Conditional Use Permit No. 88-3 is a request by the homeowner to add a second unit to an existing single family unit located at 8361 Reilly Drive near the intersection of Indianapolis Avenue and Newland Street. The application was accepted as complete on February 17, 1988. In that application, Mr. Unruh, the applicant, represented himself"as the property owner. However, on February 23, 1988, it came to the attention of staff that Mr. Unruh's home is located on leased land owned by Trust Services of America, Inc. Representatives of Trust Services of America, Inc. indicated that authorization from the landowner is required prior to any substantial improvements on the property. Because authorization"from the landowner is required prior to City issuance of development entitlements, Conditional Use Permit No. 88-3 was continued at the -Planning Commission meeting of March 1, 1988, to the April 5, 1988 meeting. The item was continued to allow the applicant'time'to obtain proper authorization. A written request was forwarded to Mr. Unruh stating that in order to process his conditional use permit application at the April 5, 1988 meeting,, authorization from the landowner would be required to be submitted to the City by March 22, 1988. To date; no such authorization,has.been received. STAFF RECOMMENDATION: Deny Conditional Use Permit No. 88-3 with the finding that proper authorization from the landowner has not been provided. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the request and the public hearing was closed. PC Minutes - 4/5/88 -16- (0531d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY HIGGINS, TO DENY CONDITIONAL USE PERMIT NO. 88-3 WITH THE FINDING THAT PROPER AUTHORIZATION FROM THE LANDOWNER HAS NOT BEEN PROVIDED, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None Silva, Leipzig, Ortega, Higgins, C-3 CONDITIONAL USE PERMIT N0, 88-10 APPLICANT: ELIZABETH WHITE MC DERMOTT Conditional Use Permit No. 88-10 is a request to add a second unit to an existing single family residence, located at 21331 Compass Lane, which is zoned R1 (Low Density residential). The request was initiated in accordance with Section 9110.3 of Division 9 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: .The proposed project is exempt Class 3 Section 15303 from the provisions of the California Environmental Quality Act. Approve Conditional Use Permit No. 88-10 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Carol Blankfield, 9341 Southshore Drive, spoke in opposition to the request. She stated there are presently too many absentee owners in the tract and that allowing this request will encourage more building of second units. She further stated that there are many code violations existing in the tract and should be investigated. Mary Peters, 21272 Compass Avenue, spoke in opposition to the. request. She stated there are presently 18 rental units in the neighborhood. Robert Peters, 21272 Compass Avenue, spoke in opposition to the outside access to the second unit. He feels the stairway should be located inside the house and not visible from the street. Lance Same and Danilla Same, 21312 Compass Lane, presented petitions signed by opposing neighbors and spoke in opposition to the request. Bonnie Cosgrove, 21392 Dockside Circle; James Marfia, 21441 Fleet Lane; Martha Blau-Baranec, 21411 Dockside Circle spoke in opposition to the request. PC Minutes - 4/5/88 -17- (0531d) Thomas Lee Cloud, 2331 Zenith Avenue, Santa Ana, representing the applicant, spoke in support of the request. He said that denial of this request would present a hardship to Mrs. McDermott and that she would be willing to sign a restrictive covenant prohibiting the second unit from being rented separate and apart from the primary dwelling unit. There were no other persons present to speak for or against the request and the public hearing was closed. The Commissioners felt that conditions should be added prohibiting additional entrances to the residence and requiring an interior stairway to the second unit. Commissioner Pierce stated that the City could not legally require an inside stairway due to State and City regulations. Commissioner Bourguignon felt that a restrictive covenant should be required. A MOTION WAS MADE BY LEIPZIG, SECOND BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO. 88-10, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: . Livengood,'Silva,•Leipzig, Ortega, Higgins NOES: Pierce,•Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED r FINDINGS FOR APPROVAL: 1. The addition of a second unit 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 Conditional Use Permit No. 88-10 will not adversely affect the General Plan of the City of Huntington Beach. 3. ' The proposal for a second ("mother-in-law") unit is consistent with the City's General Plan and Land Use Map. 4. The location, site layout, and design of the second unit is integrated with the existing dwelling unit and the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 5. The proposed use is compatible with other uses in the neighborhood. PC Minutes - 4/5/88 -18- (0531d) 7 !ONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 25, 1988, shall be the conceptually approved layout with the following modifications: a. The second unit shall be internally connected to the main unit by eliminating the external stairway and providing an interior stairway. b. No separate entrance to the house may be permitted. 2. The applicant shall be an owner occupant. 3. The maximum square footage of the second unit shall not exceed six hundred fifty (650) square feet nor shall it exceed one (1) bedroom. 4. The second unit shall not be sold separately.from the main dwelling. 5. The second unit shall comply with all applicable land use regulations of the Huntington Beach Ordinance Code except as specified herein. 6. The park and recreation fee shall be assessed at 25 percent of the fee for a single family residence as set by resolution of the City Council. 7. No separate utility meters shall be permitted for the second unit. 8. The following safety and conservation measures for the new unit shall be implemented: (a) Insulation of accessible attic areas to R-19. (b) Weatherstripping•of doors and windows. (c) Installation of low flow showerheads and -faucets certified by the California Energy Commission. (d) Installation of approved smoke detectors. Due to the lateness of the hour (after 11:00 PM) a motion was in order to continue further public hearings. PC Minutes - 4/5/88 -19- (0531d) A MOTION WAS MADE BY HIGGINS, SECOND BY LEIPZIG, TO WAIVE THE PLANNING COMMISSION BY-LAWS, AND OPEN THE PUBLIC HEARING ON ITEM C-4, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Leipzig, Ortega, Higgins, Bourguignon NOES: Silva ABSENT: None ABSTAIN: None MOTION PASSED C-4 APPEAL - USE PERMIT NO, 88-3 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) N0. 88-1 APPLICANT: JAMES F. CASEY Use Permit No. 88-3 is a request to permit a 10,374 square foot industrial building within 150 feet of residentially zoned property, in accordance with Section 9510.01(b)(2) of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 88-1 is a request to permit the elimination of a 6 foot wide landscape buffer at the rear of the property as required by Section 9510.13 of the Ordinance Code, and to permit a 27 foot side yard setback in lieu of a 30 foot setback as required by Section 9510.07(a) of the code. The Zoning Administrator, on February 24, 1988, denied the conditional exception requests, and conditionally approved the use permit. The approved plan reflected an alternative layout prepared by'staff, which eliminated the need for any conditional exceptions. The applicant appealed the decision, stating that the staff alternative is not acceptable to him. ENVIRONMENTAL STATUS: The proposed project is covered by Environmental Impact Report No. 73-16. STAFF RECOMMENDATION: Deny Use Permit No. 88-3 and Conditional Exception (Variance) No. 88-1 with findings. THE PUBLIC HEARING WAS OPENED Warren Pitt, 9471 Greenwich Drive, architect on the project, spoke in support of the request. James Casey, applicant, spoke in support of the request. He stated there were special circumstances applicable to his property and the the zoning ordinance would deprive him of privileges enjoyed by PC Minutes - 4/5/88 -20- (0531d) others in the vicinity and under identical zone classifications. He stated that his lot abuts a school site and some of the adjacent industrial buildings adjoining the school site are built up to the property line precluding the possibility of a 6 foot wide landscaped planter. Ron Casey, 14721 Newland, Midway City, 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. The Planning Commission acted to approve Use Permit No. 88-3 with the site plan dated March 22, 1988, and Conditional Exception (Variance) No. 88-1 for two variance. A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE USE PERMIT NO. 88-3 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 88-1 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: Silva (Out of Room) ABSTAIN: None M0JI0N PASSED FINDINGS FOR APPROVAL - USE PERMIT NO 88-3: 1. The establishment, maintenance and operation of the proposed 10,374 square foot industrial building with two variances 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 for an industrial building 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 location, site layout, and design of the proposed 10,374 square foot industrial building with two variances properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. PC Minutes - 4/5/88 -21- (0531d) 5. The access to and parking for the proposed 10,374 square foot industrial building with two variances does not create an undue traffic problem. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) N0. 88-1: 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 lot abuts a school site and some of the adjacent industrial buildings adjoining the school site are built up to the property line precluding the possibility of a 6 foot wide landscaped planter. 2. The granting of a conditional exception (variance) for reduced side yard setback and no landscaped planter along rear propertyline'abutting the school site is'necessary in order to preserve the enjoyment of one or more substantial property rights. These variances would create parity between the subject property and adjoining industrial lots. 3. The granting of Conditional Exception (Variance) No. 88-1 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 (variance) will not adversely affect the General Plan of the City of Huntington Beach.. — CONDITIONS OF APPROVAL - USE PERMIT NO, 88-3: 1. Revised floor plans and elevations received and dated March 9, 1988, and the site plan received and dated March 22, 1988, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Community Development and Public Works for review and approval. Trees will not be required in the 6 foot landscape buffer, however, the number of trees normally required for the area will be made up elsewhere on the property. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening (architecturally compatible with the building) of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. PC Minutes - 4/5/88 -22- (0531d) c. Grading plan to the Department of Public Works for review and approval. d. A noise report shall be submitted to and approved by the Department of Community Development. The noise report shall meet the requirements set out in Section 9510.18 of the Huntington Beach Ordinance Code. e. Submit draft of a Restrictive Covenant. The subject property shall enter into an irrevocable restrictive convenant limiting the use of the building to primarily warehouse with approximately 2,400 square feet devoted to office, Research and Development, and product display. 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 final copy shall be filed with the Department of Community Services prior to occupancy prior to issuance of Certificate of Occupancy. f. All applicable Public Works fees shall be paid. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 5. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 6. 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. 7. Maximum separation between building wall and property line shall not exceed two inches (2"). 8. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 9. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 10. 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. 11. Natural gas shall be stubbed in at the locations of water heaters, and central heating units. 12. Low -volume heads shall be used on all spigots and water faucets. PC Minutes - 4/5/88 -23- (0531d) 13. 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. 14. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 15. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 16. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 17. Landscaping'shall comply with Articles 960 and 951 of the Huntington Beach Ordinance Code. 18. The Planning Commission reserves the right to revoke Use Permit No. 88-3 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C-5 CODE AMENDMENT NO. 87-13 - UNCLASSIFIED USES, COMMERCIAL USES, •AND NEW DEFINITIONS APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No: 87-13 proposes to expand and amend uses permitted by conditional use permit listed under Unclassified Uses - Article 963 and uses permitted by use permit in Commercial Districts - Article 922 and add new definitions to Article 908. This code amendment was informally discussed at the February 17, 1988 Planning Commission meeting. • N- The proposed code amendment is categorically exempt pursuant to Section 15300.4 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION:, Approve Code Amendment No. 87-13 and forward to the City Council for adoption. Due to the lateness of the hour it was suggested that this item be continued. PC Minutes - 4/5/88 -24- (0531M I 1 A MOTION WAS MADE BY LEIPZIG, SECOND BY SILVA, TO CONTINUE CODE AMENDMENT NO. 87-13 TO THE APRIL 19, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION -PASSE Silva, Leipzig, Ortega, Higgins, D. ITEMS NOT PUBLIC HEARING None E. DISCUSSION ITEMS E-1 CODE AMENDMENT NO 88-3 - REVIEW OF FINAL LANGUAGE PREVISIONS TO DOWNTOWN SPECIFIC PLAN APPROVED MARCH 15 1988) Heard as "B" Item. It was requested that the update on the Ellis-Goldenwest Specific Plan be brought back to the Planning Commission after the joint study session with the City Council on May 2,' 1988. E-3 ELECTRONIC READER BOARDS (REFERRED BACK TO PLANNING COMMISSION BY CITY COUNCIL) - CODE AMENDMENT NO 87-15, SPECIAL SIGN PERMIT NO, 87-18, SPECIAL SIGN PERMIT NO, 87-19 No discussion. E-4 STATE MANDATED RECYCLING CENTERS A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, FOR STAFF TO DRAFT AN ORDINANCE FOR STATE MANDATED RECYCLING CENTERS UNDER 500 SQUARE FEET BE REVIEWED AND APPROVED BY STAFF; OVER 500 SQUARE FEET SUBJECT TO USE PERMIT, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Bourguignon NOES: None ABSENT: Silva (Out of Room) ABSTAIN: None MOTION PASSED Leipzig, Orgega, Higgins, PC Minutes - 4/5/88 -25- (0531d) F. PLANNING COMMISSION INQUIRIES' Staff was asked to check the parking and landscaping requirements imposed under the entitlement for the Von's Shopping Center at Springdale and Edinger. None H. COMMUNITY DEVELOPMENT ITEMS None I. ADJOURNMENT A MOTION WAS MADE AT 12:45 AM, BY LIVENGOOD, SECOND BY LEIPZIG, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, APRIL 19, 1988, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None - ABSENT: None ABSTAIN: None - MOTION PASSED MINUTES APPROVED: i Mike Adams, Secretary Victor Leipzig, Cbmift 1 PC Minutes - 4/5/88 -26- (0531d)