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HomeMy WebLinkAbout1989-02-22APPROVED MARCH 7, 1989 MINUTES HUNTINGTON BEACH PLANNING COMMISSION FEBRUARY 22, 1989 REGULAR MEETING - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P p p p P ROLL CALL: Slates, Kirkland, Williams, Bourguignon, Ortega P p Mountford, Leipzig A. CONSENT CALENDAR A-1 MINUTES DECEMBER 13, 1988 (CONTINUED FROM FEBRUARY 7, 1989 PLANNING COMMISSION MEETING) A MOTION WAS MADE BY WILLIAMS, SECOND BY BOURGUIGNON, TO APPROVE PLANNING COMMISSION MEETING MINUTES DATED DECEMBER 13, 1988, AS CORRECTED, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Leipzig NOES: None ABSENT: None ABSTAIN: Mountford MOTION PASSED B. ORAL COMMUNICATIONS Nicholas Titov, 5792 Marshall Drive, asked for clarifications and definitions regarding ordinances and building codes in regards to building height and permitted exceptions. He is constructing a single family residence with a height of 35 feet and requested approval from the Planning Commission. He was advised to file an application with the Planning Department. C. PUBLIC HEARING ITEMS C-1 ZONE CHANGE NO. 88-18 (CONTINUED FROM DECEMBER 6, 1988 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH 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. On February 7, 1989, the Planning Commission held a study session on Zone Change No. 88-18. At that study session, the City Attorney advised the Commission that the zone change may deny the subject landowners a viable economic use of their property and that the City may be found liable for a taking. Based on that information, the Commission directed staff to prepare a request for withdrawal of the zone change application for action on February 22, 1989. STAFF RECOMMENDATION: Accept the withdrawal of Zone Change No. 88-18 from further processing. Also, direct staff to consider alternative land uses for the study area which could be proposed as part of a new Local Coastal Plan. THE PUBLIC HEARING WAS OPENED William Curtis, Tarzana, CA., representing Daisy Piccerelli, urged the Commission to accept the withdrawal and move ahead in order to do the right thing for the property owners. Gary Gorman, 9122 Christine Drive, urged the Commission to proceed and complete the Local Coastal Program. He said he could not understand how this Commission could undue what previous Councils had decided. Herb K. Ahn, 9202 Christine Drive, urged the Commission to deny the withdrawal. He stated the City should not withdraw decisions made in June 1986 because of the threat of lawsuits. Charles W. Gant, 21902 Kiowa Lane, stated he has never been notified of any hearings or study sessions on this property. He urged the Commission to implement the decision made in 1986 and uphold the desires of the citizens and keep this area as wetlands. PC Minutes - 2/22/89 -2- (2111d) Bernice Molken, 22351 Harwich Lane, stated she was never notified of a zone change for this area. She is in favor of keeping the zoning "wetlands" and feels the City should not be concerned with lawsuits. Terry Harmon, 22371 Harwich Lane, spoke in support of retaining the wetlands zoning. Robert London Moore, Jr., Mills Land and Water Co., stated the property owners only want fair and reasonable compensation for their land and that the proposed zoning would deprive them of using their land. He feels the fifth amendment should be recognized, and that the City is imposing a moratorium on the property. The property owners have been paying taxes since 1901 and would like to use their land. Rita Felts, 22352 Harwich Lane, spoke in opposition to any development of the area. She wants it to remain as "wetlands". William Malkin, 22351 Harwich Lane, stated he was not notified of any hearings regarding this property. He spoke in opposition to the development. There were no other persons present to speak for or against the request and the public hearing was closed. Commissioner Ortega stated opposition to withdrawing the zone change. She objected to the procedure staff was following. She feels there should be no development on the wetlands and since the Fish and Game Department has declared the property as "conservation" the City should stand firm on their decision made in 1986. She said the property owners have the first right to buy back property taken from them and feels the health, safety and welfare of surrounding residents/properties should also be protected. Commissioner Leipzig stated support of protecting the wetlands area. He feels the City should not delay a decision that has to be made at the State or Federal level. He also feels since the zone change is consistent with the desires of the people, economic return, local coastal plan, and general plan that the City would prevail in the event of a lawsuit. A MOTION WAS MADE BY SLATES, SECOND BY WILLIAMS, TO ACCEPT THE WITHDRAWAL OF ZONE CHANGE NO. 88-18 AND TO FURTHER CONSIDER ALTERNATIVE LAND USES FOR THE STUDY AREA WHICH COULD BE PROPOSED AS PART OF A NEW LOCAL COASTAL PLAN, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Mountford NOES: Ortega, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/22/89 -3- (2111d) C-2 CONDITIONAL USE PERMIT NO. 88-35/CONDITIONAL EXCEPTION (VARIANCE) N0. 88-51 (CONTINUED FROM JANUARY 18, 1989 PLANNING COMMISSION MEETING) APPLICANT: ATLANTIC RICHFIELD CO. Conditional Use Permit No. 88-35 in conjunction with Conditional Exception (Variance) No. 88-51 is a request to construct a 2,700 square foot Arco AM -PM Mini -Market with.off-site sale of beer and wine. The project includes addition of a canopy and pump island with a variance request to allow reduced landscaping requirements. The application was continued from the January 18, 1989 Planning Commission meeting to coincide with the City Council's consideration of Code Amendment No. 88-5 which would allow the concurrent sales of alcoholic beverages with gasoline service stations through the conditional use permit process. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-35 and Conditional Exception (Variance) No. 88-51, as modified by staff, with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Bill Reynolds, representing Richfield, urged the Commission to approve the request. He said he agreed with most of the conditions of approval imposed on the project however could not comply with la through ld (modifications of the site plan to provide 10 parking spaces; 3 foot wide landscaped planter along easterly property line; closing the existing driveway entrance along Garfield Avenue; and providing landscaping around the perimeter of the proposed building). He feels he has adequate parking with the gas islands providing 8 extra spaces; wants the driveway open for better circulation; and the planters along the perimeter of the building are unnecessary and usually become trash reciprocals. He also stated he could not comply with 3.d regarding the irrevocable reciprocal driveway and parking easement because he does not feel the rear property owner will agree unless he black -tops his driveway. He feels the driveway entrance on Garfield provides access for people living south of the station. Douglas W. Beck, attorney representing many problems in developing this site. at this location and circumstances have approval of the request would eliminate will be an improvement to the City. Arco, said there have been The economics are difficult led to litigations. He said disputes and the development 1 PC Minutes - 2/22/89 -4- (2111d) There were no other persons present to speak for or against the request and the public hearing was closed. Commissioner Williams felt Atlantic Richfield should be able to comply with all conditions and feels since Garfield is a major thoroughfare the driveway entrance closest to the intersection of Beach and Garfield should be closed. He suggested a continuance until Richfield could comply with all conditions. Landscaping, parking and the reciprocal agreement were discussed. Suggestions were made to alleviate problems expressed by Richfield. The potential for a bus lane between the two driveways on Beach Boulevard and the use of only one access for both the shopping center and the mini -market from Garfield Avenue were also discussed. A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO APPROVE CONDITIONAL USE PERMIT NO. 88-35 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 88-51, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Bourguignon, Ortega, Mountford, Leipzig NOES: Slates, Williams ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 88-35: 1. The establishment, maintenance and operation of a mini market with the sale of alcoholic beverages 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 proposed mini market with the sale of alcoholic beverages is consistent with the goals and objectives of the City's General Plan and Land Use Map. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 88-51: 1. Because of special circumstances applicable to the subject property, including size, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The site is a corner lot with four existing driveways. PC Minutes - 2/22/89 -5- (2111d) 2. The granting of Conditional Exception (Variance) No. 88-51 for reduction in specific landscaping requirements but not overall landscaping area is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 88-51 for reduction in specific landscaping requirements but not overall landscaping area will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of Conditional Exception (Variance) No. 88-51 will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated November 10, 1988, shall be the conceptually approved layout with the following modifications: a. Redesign layout to provide the minimum required 10 parking spaces. b. Provide landscaped planter along the easterly property line, where feasible. c. Close the existing driveway entrance along Garfield Avenue nearest the intersection of Beach Boulevard and provide additional landscaping to meet the landscaping requirements for the corner and overall site requirement. d. Explore with City staff the potential for a bus turn -out lane between the two driveways on Beach Boulevard. e. Explore with City Staff the reciprocal use of only one access for both the shopping center and the mini -market from Garfield Avenue. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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 as approved by the Community Development Director. b. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. PC Minutes - 2/22/89 -6- (2111d) E c. Elevations shall depict colors and building materials proposed. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. 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. g. The Design Review Board shall review and approve the following: (a) Revised site plan and elevations as modified pursuant to Condition No. 1. (b) The proposed structures shall be architecturally harmonious with surrounding existing structures. (c) All proposed signage for the proposed project shall be in conformance with Article 961 and architecturally compatible with the building. h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. PC Minutes - 2/22/89 -7- (2111d) b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and 9220.14 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. c. All applicable Public Works fees shall be paid. d. The subject property shall file an irrevocable offer for reciprocal driveway and parking easement between the subject site and adjacent easterly property. A copy of the legal instrument $hall be approved by the Community Development Department and 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. e. A Grading and Soils report shall be submitted to and approved by the Department of Public Works. 4. The Public Works Department requirements are as follows: a. Remove and replace all driveway approaches on Garfield Avenue; driveways shall be a minimum of 27 feet in widths and shall be of radius type construction. b. Remove and replace deteriorated public improvements as determined by Public Works. c. Dedicate corner 27 foot right-of-way radius at the intersection of Garfield Avenue and Beach Boulevard per Public Works requirements. d. Applicant shall pursue CalTrans approval of radius type driveways on Beach Boulevard. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. PC Minutes - 2/22/89 -8- (2111d) 1 b. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) c. A decorative monument base, architecturally compatible with the building, shall be provided on the corner identification sign. d. "No left turn" signs on the driveway off Garfield Avenue shall be installed. e. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. 8. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 9. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 10. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 11. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 12. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 13. There shall be no coin -operated games maintained upon the premises at any time. 14. The sale of alcoholic beverages shall be limited from 6:00 AM to 2:00 AM daily. 15. All flammable liquid piping and dispensing system plans must be submitted to the Fire Department for approval prior to installation. System must comply with Article 79 Uniform Fire Code. 16. Supervision of Flammable Liquid Dispensing must comply with Huntington Beach Fire Department standards. 17. An emergency fuel shut-off master switch must be provided in a location approved by the Fire Department. PC Minutes - 2/22/89 -9- (2111d) 18. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 19. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 20. The sale of alcoholic beverages with the service station shall not be permitted until Ordinance 2987 becomes effective. 21. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 22. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, and returned to the Planning Division; and until the ten day appeal period has elapsed. 23. Conditional Use Permit No. 88-35 and Conditional Exception (Variance) No. 88-51 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. C-3 ZONE CHANGE NO, 87-2/CONDITIONAL USE PERMIT NO 87-54 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION (VARIANCE) NO 87-97 APPLICANT: PROPERTY VENTURES Zone Change No. 87-2, Conditional Use Permit No. 87-54 with Special Permit and Conditional Exception (Variance) No. 87-96 constitute a request for a zone change from CF-E(R1) to C4-MS, in conjunction with a 9-story, 138,900 square foot office building, an OCTD transportation center, and a 6-level (approximately 5-story), 580 space parking structure, pursuant to Sections 9462.2 and 9605.1 of the Huntington Beach Ordinance Code. The requested special permit is to allow for one entrance into the parking structure, pursuant to a traffic study. Conditional Exception (Variance) No. 87-96 has been initiated because the proposal does not comply with Section 9462.4(b)(1) (front and exterior sideyard setbacks), Section 9462.4(b)(2) (rear setbacks), Section 9462.4(b)(3) (building setbacks), and Section 9605.1(e) (landscapes). PC Minutes - 2/22/89 -10- (2111d) ENVIRONMENTAL STATUS: The proposed project is covered by Environmental Impact Report No. 87-2, which was certified by the City Council on July 27, 1987, in conjunction with their action on General Plan Amendment No. 87-2. STAFF RECOMMENDATION: A. Approve Zone Change No. 87-2 with findings and forward to City Council for adoption; and B. Approve Conditional Use Permit No. 87-54 with Special Permit and Conditional Exception (Variance) No. 87-96 with findings and conditions of approval. A lengthy discussion ensued among the Commissioners. Some of the concerns included: status of the Hoover/Gothard Extension and what mechanism, if any, to impose contributions from this development; provisions for taxi -cabs; why McFadden/Beach and Center/Beach were not included in traffic study; economic benefits to the City; if Park and Ride was successful where would additional parking come from in five years; comments from Goldenwest College; comments from City of Westminster; would level of service be mitigated with Hoover/Gothard Extension; impact on Huntington Village Lane; and height of parking structure (ability to accommodate tow trucks, fire trucks). THE PUBLIC HEARING WAS OPENED Richard Johns, applicant, spoke in support of the request. He addressed the concerns of the Commission. He said the project would include office -type uses with a possible fitness facility. Michael Mack, Orange County Transit District, spoke in support of the project and the developer and addressed the transit element questions. He said communication between the City of Huntington Beach and Westminster regarding the Hoover/Gothard Extension were not good. H. Victor Sucher, Jr., representing Seawind Village on Huntington Village Lane, felt there are a lot of unanswered questions regarding this project. He feels the environmental impact report was insufficient with regard to traffic because it did not address a circulation pattern and the numbers used did not add up. He feels a more in-depth survey needs to be completed. Mel Hoeffliger, Seawind Village, spoke in support of the project, however feels additional studies are needed especially in regards to traffic. He also feels more landscaping should be required so that adjacent homes to the rear will benefit as well as properties at the f ront . There were no other persons present to speak for or against the request and the public hearing was closed. PC Minutes - 2/22/89 -11- (2111d) Staff was requested to contact Goldenwest College for comments regarding the project; explore problems/benefits with the proposecT Day-care center and cafeteria versus a delicatessen; re-evaluate the required landscaping; study the economic considerations; complete additional studies on traffic (peak hour, how many total trips per day), ingress/egress and circulation; and to look at the height (floor to floor) and vertical access of the parking structure. A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO CONTINUE ZONE CHANGE NO. 87-2, CONDITIONAL USE PERMIT NO. 87-54 WITH SPECIAL PERMIT AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-97, TO A STUDY SESSION MARCH 7, 1989 AND THEN TO THE MARCH 21, 1989 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Williams, Bourguignon, Ortega, C-4 CONDITIONAL USE PERMIT NO. 89-3/CONDITIONAL EXCEPTION (VARIANCE) NO. 89-5/NEGATIVE DECLARATION NO. 88-43 APPLICANT: MAGDY HANNA Negative Declaration No. 88-43 and Conditional Use Permit No. 89-3 constitute a request for a 10-unit apartment building pursuant to Article 912 of the Huntington Beach Ordinance Code. The request includes a 25 percent (2-unit) density bonus, which requires Planning Commission review and approval pursuant to Section 9630.D of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 89-5 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 960, in the following area: 1. Section 9605(f)(2) specifies that private residential driveways over 150 feet in length must provide a cul-de-sac or hammerhead turnaround with 40 feet minimum width. The applicant is requesting to provide a 9 foot by 19 foot car turnaround only. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-43 for ten days, and no comments, either verbal or written were received. 1 PC Minutes - 2/22/89 -12- (2111d) STAFF RECOMMENDATION: Approve Negative Declaration No. 88-43, Conditional Use Permit No. 89-3 to allow 8 units (no density bonus), and Conditional Exception (Variance) No. 89-5 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Al Marshall, applicant, spoke in support of the request and urged the Commission to approve. He said the two additional units included in the requested density bonus would be rented in the affordable range ($750 per month versus $950). There were no other persons present to speak for or against the request and the public hearing was closed. The Commission had concerns with the density bonus at that location. It was also suggested final approval be made by the Design Review Board on the colors and materials. A MOTION WAS MADE BY MOUNTFORD TO APPROVE CONDITIONAL USE PERMIT NO. 89-3, CONDITIONAL EXCEPTION (VARIANCE) NO. 89-5 AND NEGATIVE DECLARATION NO. 88-43, AS REQUESTED (10 UNITS INCLUDING 25% DENSITY BONUS), WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL. THERE WAS NO SECOND TO THE MOTION A MOTION WAS MADE BY KIRKLAND, SECOND BY SLATES, TO APPROVE CONDITIONAL USE PERMIT NO. 89-3, CONDITIONAL EXCEPTION (VARIANCE) NO. 89-5 AND NEGATIVE DECLARATION NO. 88-43, AS RECOMMENDED BY STAFF (8 UNITS WITH NO DENSITY BONUS), WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 89-3: 1. The location, site layout, and design of an 8 unit apartment building properly would adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed site plan can be revised to reflect 8 meet setback, open space and parking requirements. addition, without the density bonus, greater open will be yielded on the site. units, and In space area PC Minutes - 2/22/89 -13- (2111d) 3. The access to and parking for the proposed apartment building does not create an undue traffic problem. 4. The proposed 10 unit layout (includes density bonus) does not provide exceptional -or unique features that would offset increased density. An 8 unit complex (no density bonus) would yield 4 additional on -site parking spaces, greater open space, and would allow for larger bedrooms, reduced building bulk, and variation in architecture. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 89-5: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. The lot is 75 feet by 278 feet, creating a long, narrow lot which makes the standard 40 foot turnaround infeasible. 2. The proposed 9 foot by 19 foot turnaround will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. The turnaround is adequate for guests and residents, and the building is provided with adequare fire protection. 3. The granting of Conditional Exception (Variance) No. 89-5 for an alternate turnaround will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated February 3, 1989, shall be the conceptually approved layout with the following modifications: a. Trash area shall be located within 200 feet of all units. b. Parking stalls adjacent to walls shall be minimum 12 feet wide. C. A maximum of 8 units shall be permitted. d. Provide minimum 2 foot offsets at garage level only for every 2 units. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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 as approved by the Community Development Director. PC Minutes - 2/22/89 -14- (2111d) b. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; 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. C. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. 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. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). e. Final verification shall be made by the Design Review Board on approved elevations depicting colors and building materials. f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. g. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. 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. i. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. j. Automatic garage door openers shall be installed in each unit. PC Minutes - 2/22/89 -15- (2111d) 3. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of -the revised site plan, floor plans and elevations pursuant to Condition No. 1-for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments -of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State - Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and Article 912 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. Per Design Review Board requirements, tree wells shall be provided along the easterly property line approximately every 25 feet. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit)..A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. f. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. The Public Works Department requirements are as follows: a. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius -type construction. b. Applicant shall remove tree, sidewalk, curb and gutter and replace as necessary per Public Works standards. PC Minutes - 2/22/89 -16- (2111d) c. Applicant shall install a street light per City of Huntington Beach and Edison standards. d. Ingress and egress shall be right turn only. e. Vehicular access rights along Garfield Avenue shall be dedicated to the City of Huntington Beach except at approved driveway location. 5. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Driveway is a fire lane, and shall be posted and marked. c. 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. d. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f. water mains shall provide a minimum fire flow of 3,000 gallons per minute. g. Buildings shall have a fire alarm system throughout with water flow, valve tamper and trouble detection; 24-hour supervision; annunciation; audible alarms in each unit. h. Address numbers shall comply with Huntington Beach Fire Code standards. i. Developer shall submit a fire protection plan to the Fire Department for approval. This plan shall include provisions for site security, water supply, emergency access, and phased operational installation of the fire sprinkler system during construction of the project. j. Designated fire lane (driveway), water mains, and fire hydrants shall be installed prior to commencing combustible construction. k. A fire department standpipe connection is required on the west side of the building per Fire Department requirements. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. PC Minutes - 2/22/89 -17- (2111d) 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 12. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. C-5 CONDITIONAL USE PERMIT NO. 88-57/CONDITIONAL EXCEPTION (VARIANCE) NO. 89-1/COASTAL DEVELOPMENT PERMIT N0, 89-2/SPECIAL SIGN PERMIT NO. 88-8 APPLICANT: RICHARD B. ARMSTRONG Conditional Use Permit No. 88-57, Conditional Exception (Variance) No. 89-1, and Coastal Development Permit No. 89-2 are requested to expand the existing 1,627 square foot Taco Bell Restaurant by adding a 150 square foot drive-thru window and expanding the parking area onto an adjacent 50 foot wide lot with a variance request for reduced parking PC Minutes - 2/22/89 -18- (2111d) and landscaping requirements. The restaurant is nonconforming because of the structure's reduced setback along Ninth Street; thus, any expansion requires approval by the Planning Commission. Conditional Exception (Variance) No. 89-1 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, and Article 960, Parking and Landscaping, in the following areas: a. Section 9603 specifies that 60 degree angle parking contain a 20 foot aisle width. The applicant is proposing a 15 foot aisle width for the four (4) parking spaces to the rear of the property adjacent to the drive-thru lane. b. Section 9606F(1) specifies that food and beverage establishments with more than twelve seats on a separate parcel of land shall provide parking at a ratio of one (1) space per 60 gross square feet of restaurant floor area; a total of 30 spaces are required. The applicant is proposing a total of 29 on -site parking spaces consisting of 17 standard spaces and 5 compact spaces (17 percent). C. Section 9608(c) specifies that a ten (10) foot wide landscaped berm shall be provided along any streetside property line (Pacific Coast Highway and Ninth Street) except at driveway openings. The applicant is proposing to close the two driveways along Pacific Coast Highway and provide a new driveway with three (3) foot wide landscape planters. No new landscaping is proposed along the existing 2 foot exterior sideyard setback along Ninth Street. Special Sign Permit No. 88-8 is a request to modify the existing nonconforming 15 foot high pole sign by replacing the existing sign with a 33 square foot rectangular sign. The variance is requested because the modified sign exceeds the height and size requirements of the Downtown Design Guidelines (maximum height is 6 feet and maximum area is 15 square feet). ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. COASTAL STATUS: The proposed project to expand the existing Taco Bell Restaurant is located within the appealable area of the coastal zone. STAFF RECOMMENDATION: A. Approve Conditional Use Permit No. 88-57 and Coastal Development Permit No. 89-2 as modified by staff with findings and conditions of approval, and deny Conditional Exception (Variance) No. 89-1 with findings; and B. Approve Special Sign Permit No. 88-8, as modified by staff, with findings and conditions of approval. PC Minutes - 2/22/89 -19- (2111d) THE PUBLIC HEARING WAS OPENED Ruth Bailey, representing the applicant, spoke in support of the request. She said the applicant has a 20-year lease on the property, has purchased the adjoining lot, and presently owns the oil property. In order to renew his lease with Taco Bell the applicant must add a drive-thru and new signage. The property owner will not agree to the expansion if it means losing access to the site from Pacific Coast Highway. Revised plans have recently been submitted with the aisle width altered and one parking spaces added with the bus stop being moved. Bennie Fuson, architect for project, explained the circulation on the revised alternate plan and pointed out the altered aisle width resulting in a reduction in square footage. He said the primary entrance and exit was still from Pacific Coast Highway to the alley in back. Dick Armstrong, applicant, spoke in support of the request. He apologized for the late submittal of the revised plans. He explained that in order to renew his Franchise lease with Taco Bell the restaurant must be brought up to current standards (drive-thru and new signage). Russ Paxson, 115 Ninth Street, said there is already too much trash in the area from Taco Bell. He lives across the street and has to clean up the area every day. He also said the PA system is presently very loud at times and is concerned with the added noise resulting from a drive-thru. He also feels traffic will be dangerously increased on Ninth Street and that there should not be any access allowed onto the alley. Scott Kimball, 3226 Anne Circle, spoke in opposition to the request. He owns property on Pacific Coast Highway and feels this project is non -conforming, especially with a drive-thru. He said there are no sites this small with a drive-thru. He feels it is impossible to upgrade this restaurant and meet the new standards of Taco Bell. He does not feel the upgrading is viable and will present too many impacts to the surrounding properties. J. Michael Thompson, 147 Via Undive, owner of 9 units behind Taco Bell, spoke in opposition to the request. His property is separated from Taco Bell.by an alley and a 6 foot wall. He currently lives with the noise, traffic, and trash resulting from Taco Bell. He does not feel the alleys were designed for the traffic that will result from this project. He is very concerned with the added noise (especially the PA system) and traffic (mainly in the alley). Bob Mandic, 1112 Main Street, spoke in opposition to the request. He feels the adjacent neighbors should be taken into consideration with this project. He is concerned with the added traffic in the alley. He urged the Commission to continue the request and visit , the site. PC Minutes - 2/22/89 -20- (2111d) There were no other persons present to speak for or against the request and the public hearing was closed. A continuance was suggested to enable the applicant, property owners, franchise owner and staff to review the alternate plan and to mitigate concerns expressed by adjoining neighbors. A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS, TO CONTINUE CONDITIONAL USE PERMIT NO. 88-57, CONDITIONAL EXCEPTION (VARIANCE) NO. 89-1, COASTAL DEVELOPMENT PERMIT NO. 89-2 AND SPECIAL SIGN PERMIT NO. 88-8, TO THE MARCH 21, 1989 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-6 CONDITIONAL USE PERMIT NO 88-54 APPLICANT: IRWIN ARCHITECTURAL PARTNERSHIP Conditional Use Permit No. 88-54 is a request by Grace Lutheran Church to expand the existing 12 room, 6,300 square foot classroom facility by adding four classrooms totalling 4,500 square feet and adding 104 lineal feet of seating to the existing 6,400 square foot sanctuary and seating area pursuant to Article 963 (Unclassified Uses) of the Huntington Beach Ordinance Code. The project also includes the addition of 26 parking spaces to accommodate the church expansion. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-54 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Carl Irwin, applicant, was present to answer any questions. There were no other persons present to speak for or against the request and the public hearing was closed. PC Minutes - 2/22/89 -21- (2111d) A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL USE PERMIT NO. 88-54 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The location, site layout, and design of the proposed Grace Lutheran Church expansion properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The access to and parking for the proposed church expansion does not create an undue traffic problem. 3. The granting of Conditional Use Permit No. 88-54 to allow the church expansion will not adversely affect the General Plan of the City of Huntington Beach. 4. The establishment, maintenance and operation of the church expansion will not be detrimental to the general welfare of persons working or residing in the vicinity and will not be detrimental to the value of the property and improvements in the neighborhood. 5. The proposed church expansion is compatible with surrounding residential and commercial uses. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated January 12, 1989, shall be the conceptually approved layout with the following modification: a. Provide a 10 foot by 19 foot turnaround space at the end of the proposed 26 car parking area. 2. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. PC Minutes - 2/22/89 -22- (2111d) 1 b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). 3. Fire Department Requirements are as follows: a. An automatic fire sprinkler system and fire alarm system shall be approved and installed pursuant to Fire Department regulations. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. B. The Planning Commission reserves the right to revoke Conditional Use Permit No. 88-54 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 9. Conditional Use Permit No. 88-54 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. D. NON-PUBLIC HEARING ITEMS None DUE TO THE LATENESS OF THE HOUR THE REMAINING AGENDA ITEMS WERE CONTINUED TO THE NEXT MEETING. PC Minutes - 2/22/89 -23- (2111d) E. DISCUSSION ITEMS E-1 LETTER FROM MR. NICHOLAS TITOV REGARDING HEIGHT LIMITATIONS Mr. Titov spoke during Oral Communications. Staff discussed the conflicting sections of the code related to building height. Staff pointed out that when two or more sections of the code conflict, the more restrictive code section is applied. After discussion by the Commission, Mr. Titov was directed to file a conditional use permit for his proposed single family dwelling located on Los Patos. E-2 CONDITIONAL USE PERMIT NO 88-39/CONDITIONAL EXCEPTION (VARIANCE) NO 88-30 (NONCONFORMING PATIO ENCLOSURE - LISA PRODAN, 808 PECAN) - STATUS OF COMPLIANCE Continued to the March 7, 1989 Planning Commission meeting E-3 PROPOSED CODE AMENDMENT NO 88-12 - REVISIONS TO ARTICLE 960- OFF-STREET PARKING AND LANDSCAPING Continued to the March 7, 1989 Planning Commission meeting E-4 PLANNING COMMISSION SUB -COMMITTEES Continued to the March 7, 1989 Planning Commission meeting F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS Commissioner Ortega requested the City Council Agendas be included in the Planning Commission packets, if available. She also requested an update on the development of the Marion property. H. COMMUNITY DEVELOPMENT ITEMS None I. ADJOURNMENT A MOTION WAS MADE AT 11:56 PM BY LEIPZIG, SECOND BY MOUNTFORD, TO ADJOURN TO A STUDY SESSION ON THE DRAFT ELLIS/GOLDENWEST SPECIFIC PLAN AND OCTD, TUESDAY, MARCH 7, 1989, AT 5:30 PM, IN ROOM B-8 AND THEN TO THE NEXT REGULARLY SCHEDULED MEETING, TUESDAY, MARCH 7, 1989, AT 7:00 PM, BY THE FOLLOWING VOTE AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None MOTION PASSED 1 1 APPROVED BY: Mike Adams, Secretary lanning Commission h irao PC Minutes - 2/22/89 -25- (2111d)