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Home My WebLink About1988-11-01APPROVED 11/15/88 MINUTES HUNTINGTON BEACH PLANNING COMMISSION NOVEMBER 1, 1988 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega P P Higgins, Bourguignon A. CONSENT CALENDAR A-1 MINUTES - SEPTEMBER 20, SEPTEMBER 27, OCTOBER 4 PLANNING COMMISSION MEETINGS A MOTION WAS MADE BY SLATES, SECOND BY LIVENGOOD, TO APPROVE MINUTES OF SEPTEMBER 20, SEPTEMBER 27, AND OCTOBER 4, 1988 PLANNING COMMISSION MEETINGS, AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A-2 GENERAL PLAN CONFORMANCE NO. 88-9 APPLICANT: Department of Public Works A MOTION WAS MADE BY SILVA, SECOND BY SLATES, TO DENY GENERAL PLAN CONFORMANCE NO. 88-9 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A-3 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO AGENDIZE ITEM A-3 - GENERAL PLAN CONFORMANCE NO. 88-10 (A REQUEST BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR ACQUISITION OF RECREATION LOT "A" OF COMMODORE CIRCLE TO CREATE PUBLIC OPEN SPACE), THEREBY WAIVING THE 3-DAY POSTING REQUIREMENT OF THE BROWN ACT, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED GENERAL PLAN CONFORMANCE NO. 88-10 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO APPROVE GENERAL PLAN CONFORMANCE NO. 88-10 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED ORAL COMMUNICATIONS Gerald Chapman, 17891 Bolton Circle, spoke on Item A-2 (Vacation of portion of an easement for drainage and equestrian purposes in tract 11473). He stated he is presently constructing a home on the lot in question and asked what the delay was by the City is determining standards for this area. He would like to know what the decision is regarding the easement on his property so that he can finish his construction. Mel Mermelstein, 7422 Cedar Avenue, President of Ideal Pallet, spoke in support of Condition No. 3.g regarding dedicated access in Conditional Use Permit No. 88-23. He referred the Commission to a letter written by him dated October 25, 1988, and requested that it be submitted for the record. Chris Alford, 9141 Bermuda Drive, expressed his concerns with the well abandonment at 9142 Bermuda being completed by the State of California. He said during the State's attempt to abandon the well methane gas was found and a 30 foot vent pipe was installed in the front yard of the property much to the dissatisfaction of himself and his neighbors. He requested the item be agendized and standards applied. Fj PC Minutes - ll/l/88 -2- (1585d) PUBLICC. HEARING ITEMS MEETING).88-24 (CONTINUED FROM OCTOBER 4. 1988 PLANNING COMMISSION. CO.APPLICANT: RANDALL LUMBER On October 4, 1988, the Planning Commission continued Conditional Use Permit No. 88-23 at the applicant's request. Conditional Use Permit No. 88-23 is a request by Randall Lumber Co. to utilize a 1.25 acre site which is owned by the Southern Pacific Railroad to unload, load and store lumber products for a period of five (5) years pursuant to Section 9631, Temporary Storage Yards, of the Huntington Beach Ordinance Code. Approve Negative Declaration No. 88-24 and Conditional Use Permit No. 88-23 with findings and conditions of approval. In a letter dated October 31, 1988, the applicant, Randall Lumber Co., Inc., requested continuance of Conditional Use Permit No. 88-23 until the first meeting in December, 1988. A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO CONTINUE CONDITIONAL USE PERMIT NO, 88-23 AND NEGATIVE DECLARATION NO. 88-24 TO THE DECEMBER 6, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None NOTION PASSED MINIMS ... • • ,l al; • 4 •.•� ti• APPLICANT: CITY OF HUNTINGTON BEACH On October 4, 1988, the Planning Commission continued this item'to the November 1, 1988 meeting at staff's request. Zone Change No. 88-18 is presently being reviewed by the City.Attorney's Office and staff is requesting an additional continuance to the November 1988 Planning Commission meeting. PC Minutes - ll/1/88 -3- (1585d) On June 2, 1986, the City Council adopted a Land Use Plan for the non -certified coastal zone area along Pacific Coast Highway, between Beach Boulevard and the Santa Ana River. On April- 13, 1987 the California Coastal'Commission certified the Land Use Plan as submitted by the City. The Land Use Plan, as certified, designates approximately 7.0 acres as Visitor Serving Commercial,-125 acres as Conservation, 83 acres as Industrial;Energy Production and 17.0 acres as Industrial Energy Production/Conservation. The purpose of this zone change is to apply appropriate zoning designations to the properties in.order to achieve consistency with the Land Use designations and to complete certification of the Local Coastal Program for the City. t. Continue Zone Change No.. 88-18.to,,the November 15, 1988 Planning Commission meeting. A MOTION,<WAS MADE BY.SLATES, SECOND BY SILVA, TO CONTINUE ZONE CHANGE NO. 88-18 TO THE DECEMBER 6, 1988 PLANNING COMMISSION MEETING, AND REQUESTED, EARLY DELIVERY OF, THE STAFF, REPORT. ;FOIt;A THOROUGH REVIEWIAX THE -COMMISSION, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega,- Higgins•;�,.�: Bourguignon, F: ; NOES: None +. , ABSENT: ,None ABSTAIN: None C-3 CONDITIONAL -USE PERMIT NO. 88-41/TENTATIVE TRACT NO. APPLICANT: LANG LAMPERT ARCHITECTS Conditional Use Permit No. 88-41,and Tentative Tract No. 13711 is a request to construct a 44 unit residential condominium project* (which includes a one unit, 3.%, density bonus) with a one lot subdivision at 16930'Sims Street and 16931 Lynn Street. The zoning is R3 (Medium High Density Residential-25.units per acre);,,-wi.tb�.'the Planned Residential ,Developinent standard$ applied for ,individual; unit ownership. No special permits are requested. ENVIRQNMENTAL STATUS: Pursuant to the environmental -regulations in,effect the Department of Community Development posted draft Declaration No. 88-36 for ten days, and no comments, or written were received. at this time, Negative either verbal 1 PC Minutes - 11/1/88 -4- (1585d) STAFF RECOMMENDATION: Approve Negative Declaration No. 88-36 and Conditional Use Permit No. 88-41 and Tentative Tract No. 13711 for a 43 unit residential condominium project with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED John Coultrup, applicant, spoke in support of the project. He expressed concerns with staff's required elevations and density bonus requirements. He said with the grading being required, his project would be in a hole because of the adjacent development; and does not want a density bonus if he has to provide low -moderate income housing for 11 units. Commissioner Slates suggested a continuance on the request until the applicant could work out the height and density bonus problems. The applicant stated he would be in favor of a continuance. Joe Hartgee, civil engineer, said the property to the south of his site is 7 feet above existing grade and with the grading required by staff it will put his project 5 feet below their finished floor. He urged the Commission to allow their proposed elevations which would require the finish floor not to exceed 2-1/2 feet above finished. floor of adjacent property to the north. Commissioner Higgins asked the applicant if a unit is dropped, thus eliminating the density bonus request, would the elevations be different? The applicant said if the unit was removed he would have it removed from the interior of the project thus causing less massing problems. Commissioner Bourguignon spoke in support of the applicants request for a 2-1/2 foot grade differential. He feels it will be more aesthetically pleasing. David Lang, architect for the project, spoke in support of the, request. He said the project is located on a very unique and difficult site and he feels all requirements have been met. He feels the massing problem has been eliminated and said more open space has been provided than required. He also feels it is a problem with semantics to call the additional unit a density bonus.. Joe Hartgee said the way the property exists today he feels qualifies for 44 units. The Commission asked .staff if the same calculation process was used on the surrounding developments. Staff said this calculation process has been used and in effect since 1965. There were no other persons present to speak for or against the project and the public hearing was closed. PC Minutes - ll/l/88 -5- (1585d) A MOTION WAS MADE BY ORTEGA, SECOND BY HIGGINS, TO APPROVE CONDITIONAL USE PERMIT NO. 88-41, TENTATIVE TRACT NO. 13711 AND NEGATIVE DECLARATION NO. 88-36, WITH 43 UNITS, WITH -FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING'V E:1 AYES: Slates, Livengood, Bourguignon- NOES: None ABSENT: None ABSTAIN: None Silva, Leipzig, Ortega, Higgins, FINDINGS FOR APPROVAL-'CONDITIONAL''USE PERMIT,NO. 88=4l: 1. The proposed 43, 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'-prope rty,�am' improvements in the'vicinity. 2. The proposed 43 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'stiuctures and uses, in the. vicinity in a harmonious manner,.,'_ `` ' 4. The proposed 43 unit condominium project is consistent with the goals and policies of the Huntington Beach General Plan. 5. The one unit density bonus would exceed the permitted density of 25-units per acre thus would not be compatible with the existing zoning designation. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO, 13711: 1. The proposed one lot subdivision for 43 condominiums on this 1.62 net acre parcel of land zoned R3 (Medium_ Density- - Residential District-25 units per acre) -is'proposed"to be'° constructed having 24.7 units per acre. 2. The property was previously -studied -for this intensity of .land use at the time the land use designation of High Density Residential designation was placed`on`the"subject proper 3. The General Plan,is set up for the provisions for this type`of land use as well as setting- forth provisions for` th6e'•`, ' implementation for this type of housing. 4. The site is relatively flat and physically suitable for the proposed density and type of -development. PC Minutes - 11/1/88 -6- (1585d) 1 I. 5. The tentative tract is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 88-41: 1. The site plan and floor plans dated received October 25, 1988, shall be revised depicting the following modifications: a. Maximum of 43 units. b. Provide a minimum 100 cubic foot over the hood stoiage spaces shall be indicated in the subterranean parking plan. c. Finish floor shall not exceed 2-1/2 feet above finished floor of adjacent property to the north as depicted on the tentative tract map. d. Note on floor plans that natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units; and low volume heads shall be used on all spigots and water faucets. e. If foil -type insulation is to be.used, a fire retardant type shall be noted on floor plans and installed as approved by the Building Department. f. If lighting is included in the parking lot and/or recreation area energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide) and noted on site plan. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 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. Existing mature trees on site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36 inch box trees which shall be incorporated into the project's landscape plan. b. Final Tract 13711 shall be accepted by City Council and recorded with the County Recorder's Office. c. 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. PC Minutes - 11/1/88 -7- (1565d) d. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units;that lie.within the 60 CNEL contours of the property..; The; ;interior_,noise levels of.all dwelling units shall not exceed-the.i California insulation standards of 45 dba CNEL. Evidence of compliance shall, -consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field -of acoustical engineering,,with 1.the application for:building.permit(s). All measures,, recommended to mitigate noise to '.acceptable levels shall be -incorporated into the design of the -project,.. - 3. Final -elevations and --revised site plans shall be approved by the Director of Community Development. "Jot � 4. Fire Department requirements,,are>,asffollows:.;: a:, -Water mains shall.be designed.to meet flow (3,e75a,GPN). b. .-All buildings and parking -structure -shall -be protected by an automatic fire:.sprinkler system. c. A standpipe system shall be-provided..,-.y, d. A :fire•.alarm system. -shall' ber provided throughout the' project. e. All -elevators shall--hapel a -.minimum -inside- platform of 6 feet-8 inches :wide, 4 feet-3 inches. deep.:-arid•,cleai..openings of 42 inches.. f. All security gates shall have an emergency key access system, in addition to; knot box., for other_,pertinenta keys., g._ Perimeter --access to buildings'(back sides] shail'be£clear and unobstructed. h. One (1) fire hydrant required.on Lynn..Street.; i. Each half of ,project (Sims side and,Lynn side)-shil_l,be addressed separately.: Each,half also,shall stand-: independently with, respect -,to-,, fire -.sprinkler•,.. standpipe and alarm systems. j. A fire protection plan shall be submitted for Fire Department approval prior to'release of permits. This plan will provide for fire safety during,the-construction phase. Included in this Arlan,is-site fencing, -.security guards and phasing of -fire sprinkler installation. k. Oil well and storage facilities shall -be -abandoned pursuant to the Huntington Beach Oil Code. PC Minutes - ll/l/88 -8- (1585d) -,' 1. Structures built over abandoned wells shall have a methane detection system. m. All hazardous materials, including waste, must be handled and stored in accordance with the Uniform Fire Code. Waste oil is considered a hazardous waste. 5. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 6. All building spoils such as unusable lumber, wire, pipe and other surplus or unusable material, shall be disposed of at an off site facility equipped to handle them. 7. The method of trash pick up shall be subject to the approval of Public Works Department. 8. Security gate/turn-around configurations and access ramp gradient shall be approved by the Public Works Department.,.. 9. Driveway approaches shall be 27 feet minimum width and of radius type construction. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO, 13711: 1. Tentative Tract No. 13711 dated received October 27, 1988, shall be the approved layout. 2. Dedicate vehicular access rights to Lynn and Sims Streets to the City, except at approved driveway locations. 3. Water wells (if any) shall be properly abandoned, per the regulating agency's standards. 4. All water facilities shall be constructed per City Standards, as directed by the Water Superintendent (meet with him for details). 5. Hydrology, grading and soils report shall be approved by the Public Works Department. 6. Construct all required street improvements. 7. CC&Rs shall be submitted for review and approval by the City Attorney and Development Services -Department in_accordancewith Article 915 prior to final recordation of Tract Map-13711. 8. Street lights shall be installed per Southern California Edison and City Standards. PC Minutes - il/1/88 -9- (1585d) CONDITIONAL USE PERMIT,• APPLICANT: L. A. CELLULAR TELEPHONE CO., Conditional Use Permit No. 88-42 is a request to establish a cellular telephone facility, consisting of electronic equipment housed within an office suite,, and nine grid-panel.:antennas mounted behind rooftop screening. The office suite -is located within an existing three-story-office/commercial building located at 15922 Pacific Coast Highway. The small grid -panel antennas (22 inches by 33 inches each) will be -mounted on the -roof behind,the,,existinq 33 inch high railing.' 1 I , , tv", -I ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Section 15303, Class 3 from the provisions of the California Environmental Quality Act. The proposed project is within the coastal zone boundaries, however is exempt from Coastal Development Permit requirements pursuant to Section 989.5.3.1 of - the Huntington Beach Ordinance Code.-. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-42 with findings and - conditions of approval. THE PUBLIC HEARING WAS OPENED ' Jerome Buckmelter, applicant, spoke in support of the request. 'He said his company is presently considering linking 'all, of`the-ir cell. sites with microwave dishes for emergency situations and if they decided to complete the linking two 2-foot diameter dishes would have to be added to the site. He asked -if the addition would•have to come back to the Commission for approval. Mike Adams explained the Site Plan Amendment process for additions or changes. Commissioner Slates asked the applicant if the antennas -would interfere with television reception. He applicant said that no interference would be presented. There were,no other persons present to speak for or against the request and the public hearing was closed. PC Minutes - 11/1/88 -10- (1585d) A MOTION WAS MADE BY SLATES, SECOND BY HIGGINS, TO APPROVE CONDITIONAL USE PERMIT NO. 88-42, WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: Silva (Out of Room) ABSTAIN: None MOTION PASSE 1. The establishment, maintenance and operation of the cellular phone facility will not be detrimental to the general welfare of persons residing or working in the vicinity, nor to property and improvements in the vicinity. 2. The granting of the conditional use permit for a cellular phone facility will not adversely affect the General Plan of the City of Huntington Beach. 3. The cellular phone facility is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The cellular phone facility will reduce parking demand it the site because the facility is unmanned. 5. The antennas will be screened by the rooftop railing and will therefore not be unsightly. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated September 6, 1988, shall be the approved layout with the following conditions: a. Antennas shall be painted white to match the rooftop railing. b. Antennas shall not project above rooftop railing. 2. Placement of additional antennas on the site shall require approval by the Director of Community Development, providing they comply with all conditions of approval. 3. The development shall comply with all applicable.provisions_,of the Ordinance Code, Building Division, and Fire Department. 4. The applicant shall meet all applicable local, State and - Federal Fire Codes, Ordinances and standards. PC Minutes - ll/l/88 -11- (1585d) D. ITEMS NOT PUBLIC HEARING' D-1 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO, 86-2 APPLICANTS: ROBERT ZWEIBEL/EVELYNE R. SHABO/LEROY AND YOLANDA COLLINS D-2 STAFF RECOMMENDATION: Approve a one -year -extension of time until November l; •1989, for Conditional Use Permit No. 86-2 with all previous conditions of approval applicablei A MOTION WAS " MADE BY SLATES, : SECOND BY! LIVENG000--,'''TO •APPROVE •A ONE-YEAR EXTENSION OF TIME UNTIL NOVEMBER 1, 1989, FOR CONDITIONAL USE PERMIT NO. 86�2 WITH ALL-PREVIOUS;CONDITtONS OF APPROVAL -APPLICABLE, BY THE FOLLOWING VOTES` ' AYES: Slates, Livengood, Leipzig, Ortega, Higgins, Bourguignon' NOES:, None -- ABSENT: Slates (Out of Room) ABSTAIN: None• MOTION PASSED STAFF RECOMMENDATION: -Direct staff to prepare an ordinance and set for public hearing. The Commission requested staff to set a public hearing after opinions/remarks were obtained from ABC, local merchint"groups and any other State agencies and all'interegt'groups.notified (e.g. Chamber of Commerce, Board of Realtors, Huntington Beach Tomorrow, etc.). A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, FOR DIRECTION TO STAFF TO,PREPARE AN ORDINANCE AND SCHEDULE A•PUBLIC HEARING WITHIN 60 DAYS,'BY THE -FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Silva, Leipzig, Ortega, Higgins, PC Minutes - 11/l/88 -12- D-3 REDEVELOPMENT PROJECT AREA AMENDMENT NO, ONE APPLICANT: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH REQUEST: Select boundaries of Amendment No. One; approve and adopt a preliminary plan for Amendment No. One to the Oakview Redevelopment Project. STAFF RECOMMENDATION: Approve Planning Commission Resolution No. 1408 (selecting boundaries of Amendment No. One and approving and adopting a preliminary plan for Amendment No. One) and authorize transmittal of the Preliminary Plan for Oakview Project Area Amendment No. One to the Redevelopment Agency. The Commission requested the Preliminary Plan be amended to include an introduction section with a general discussion of the tax increment limitations. A MOTION WAS MADE BY SLATES, SECOND BY SILVA, TO APPROVE RESOLUTION NO. 1408 AND AUTHORIZE TRANSMITTAL OF THE PRELIMINARY PLAN FOR OAKVIEW PROJECT AREA AMENDMENT NO. ONE'TO THE REDEVELOPMENT AGENCY, AS AMENDED, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Bourguignon NOES: None ABSENT: None ABSTAIN: None NOTION PASSED Silva, Leipzig, Ortega, Higgins, MUM :1l • m.. a ,XTk• 1 F. PLANNING COMISSION INQUIRIES The following items were added to the Inquiries List: FOUR-PLEX ON ROOSEVELT - Caretaker trailer on site used for, living purposes; one garage has been allotted to the caretaker which removes one space for tenant use and causes tenants to - park on street. WARNER/PCH - New parking lot, people camping overnight. 01LWELL VENT PIPE - 9142 BERMUDA DRIVE - Status of vent and method used. PC Minutes - ll/1/88 -13- (1585d) G. PLANNING COMMISSION ITEMS None H. None - I . ADJO�JRPMLNT A MOTION WAS MADE AT 8:45 PM BY SLATES, SECOND BY LIVENGOOD, TO ADJOURN TO•THE{NEXT REGULARLY SCHEDULED MEETING, TUESDAY,•,-� NOVEMBER 15, 1988, 7:00,PM,-BY THE FOLLOWING VOTE •• IA 1 s• AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None - MOTION PASSED = MINUTES APPROVED: Mike Adams, Secretary Victor Leipzig, Chairifidin PC Minutes - ll/1/88 -14- (15-85d)