HomeMy WebLinkAbout1989-07-06APPROVED 8/1/89
1
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
JULY 6, 1989
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:30 PM
(CODE AMENDMENT: OFF-STREET PARKING AND ON -SITE LANDSCAPING
CONTINUED FROM JUNE 20, 1989 MEETING)
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
A P P P P
ROLL CALL: Shomaker, Kirkland, Williams, Bourguignon, Ortega
P P
Mountford, Leipzig
A. CONSENT CALENDAR
None
B. ORAL COMMUNICATIONS
Donald McCallum, 6841 Nyanza Drive, addressed his concerns
with code violations occurring at Home Depot. He said Home
Depot has not make any efforts to improve the site. He said
trucks are still loading and unloading before and after the
designated hours, non -electric fork lifts are still operating,
no improvements have been made to landscaping, and two new
storage containers have been placed behind the buildings. He
presented photographs of the new containers. He urged the
Commission to revoke Home Depot's conditional use permit.
B-1 PLANNING COMMISSION SUB -COMMITTEE REPORTS
Commissioner Ortega updated the Commission on the FHP
Subcommittee meeting.
C. PUBLIC HEARING ITEMS
C-1 CODE AMENDMENT NO 88-12/NEGATIVE DECLARATION NO. 89-8
(CONTINUED FROM JUNE 20, 1989 PLANNING COMMISSION MEETING)
APPLICANT: City of Huntington Beach
Code Amendment No. 88-12 is a request to amend the Huntington Beach
Ordinance Code and Downtown Specific Plan to update and revise
prking regulations and landscape provisions.
STAFF RECOMMENDATION:
Continue the public hearing to August 1, 1989, to allow completion
of Planning Commission review and preparation of the final document.
A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO CONTINUE CODE
AMENDMENT NO. 88-12 AND NEGATIVE DECLARATION NO. 89-8 WITH THE
PUBLIC HEARING OPEN TO THE AUGUST 1, 1989 PLANNING COMMISSION
MEETING, BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
C-2 CONDITIONAL USE PERMIT NO. 89-16/COASTAL DEVELOPMENT PERMIT
NO. 89-7
APPLICANT: RICHARD L. ANDERSON
LOCATION: 16941 Bolero Street (Davenport Island - Huntington
Harbour)
Conditional Use Permit No. 89-16 in conjunction with Coastal
Development Permit No. 89-7 is a request to partially demolish an
existing 1,900 square foot, single -story single family residence and
rebuild a new 6,720 square foot, three-story single family residence
in Huntington Harbour on Davenport Island pursuant to Section
9110.4(a) of the Huntington Beach Ordinance Code. Section 9110.4(a)
states that the Planning Commission may approve building heights of
thirty (30) feet and/or three (3) stories pursuant to the
conditional use permit process.
STAFF RECOMMENDATION:
Withdraw Conditional Use Permit No. 89-16 and Coastal Development
Permit No. 89-7 at the applicant's request.
PC Minutes - 7/6/89 -2- (3190d)
A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO WITHDRAW
CONDITIONAL USE PERMIT NO. 89-16 AND COASTAL DEVELOPMENT PERMIT NO.
89-7, BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
C-3 CONDITIONAL USE PERMIT NO. 89-23
APPLICANT: RICHARD AND JOY CUBBIN
LOCATION: 21271 Lochlea Lane (southwest corner of Lochlea
Lane and Drymen Drive)
Conditional Use Permit No. 89-23 is a request to permit a 525 square
foot, second unit addition ("Granny Unit") to an existing single
family home pursuant to Section 9110.3 of the Huntington Beach
Ordinance Code.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt pursuant to Section
15301, Class 1 of the California Environmental Quality Act.
STAFF RECOMMENDATION:
Approve Conditional Use Permit No. 89-23 with findings and
conditions of approval.
THE PUBLIC HEARING WAS OPENED
Richard Cubbins, applicant, spoke in support of the request and also
distributed a support letter from his neighbor James Vaught, 8382
Doncester Drive. He said the proposed addition was planned for his
mother-in-law and the reason for the outside stairway was to provide
her privacy. He further stated his reason for building on top of
the garage rather than on the ground level was to retain open space
in his backyard for his children.
Mortimer Shea, 9121 Kadua Street, spoke in opposition to the
request. He said the outside staircase would be visible from his
patio and that is why he was objecting to the addition. He is
concerned that the addition will appear to be a duplex and he does
not feel it is appropriate in an R1 neighborhood.
Natalie Kotsch, 322 Fifth Street, spoke in support of the request.
She said she has spent over 1,000 hours working on the "granny unit"
ordinance. She feels that if he meets code with his plans he should
be allowed to build because he has the right.
PC Minutes - 7/6/89 -3- (3190d)
There were no other persons present to speak for or against the
request and the public hearing was closed.
The Commission felt that the addition should be compatible with the
rest of the neighborhood and that the one exit and entrance should
be enclosed or sheltered from street view, however did not want to
impose a requirement for inside access. They felt the plans would
work better if it was all one-story, however agreed that it was
important to preserve open space on the lot and did not feel
comfortable requiring the applicant to change his plans.
A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO APPROVE
CONDITIONAL USE PERMIT NO. 89-23 WITH FINDINGS AND ADDED CONDITIONS
OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-23:
1. The location, site layout and design of the proposed second
unit properly adapts the proposed structures to streets,
driveways, and other adjacent structures and uses in a
harmonious manner.
2. The proposed and existing units are properly integrated on the
site, and are architecturally compatible.
3. The access to and parking for the proposed second unit does not
create an undue traffic problem. A total of four parking
spaces will be provided on -site.
CONDITIONS OF APPROVAL:
1. The site plan, floor plans and elevations received and dated
June 19, 1989, shall be the conceptually approved layout, with
the following modification:
a. The staircase to the second unit shall be fully enclosed/
covered subject to review and approval by the Community
Development Director.
2. Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. 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.
PC Minutes - 7/6/89 -4- (3190d)
1
b. Elevations shall depict colors and building materials
proposed.
c. The site plan (or reference page) shall include all
conditions of approval imposed on the project printed
verbatim.
3. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
4. 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.
5. Pursuant to Article 911 of the Huntington Beach Ordinance Code,
the following conditions shall apply:
a. The second unit shall not be sold separately from the main
dwelling.
b. The park and recreation fee shall be assessed at 25 percent
of the fee for a single family residence.
c. No separate utility meters shall be permitted for the
second unit.
d. The following safety and conservation measures for the new
unit shall be implemented:
(1) Insulation of accessible attic areas to R-19.
(2) Weatherstripping of doors and windows.
(3) Installation of low flow shower heads and faucets
certified by the California Energy Commission.
(4) Installation of approved smoke detectors.
e. The main dwelling shall be owner occupied.
6. A covenant shall be filed with the County Recorder's Office
stating that the property shall be owner occupied.
7. Conditional Use Permit No. 89-23 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.
PC Minutes - 7/6/89
-5-
(3190d)
C-4 CIRCULATION ELEMENT AMENDMENT NO. 89-1
APPLICANT: CITY OF HUNTINGTON BEACH
LOCATION: Gothard Street between McFadden Avenue and Center
Drive.
Circulation Element Amendment No. 89-1 is a request to amend the
Circulation Element of the General Plan to show the realignment of
Gothard Street south of McFadden Avenue. The proposed alignment
would move the current centerline of Gothard Street eastward
approximately 250 feet and align that portion of Gothard, 600 feet
south of McFadden Avenue. The purpose of the realignment is to
align Gothard Street with the proposed extension of Hoover Street
north of McFadden Avenue in Westminster.
STAFF RECOMMENDATION:
Approve Circulation Element Amendment No. 89-1 by adopting
Resolution No. 1417 and recommend that the City Council amend the
General Plan as proposed.
THE PUBLIC HEARING WAS OPENED
There was no one present to speak for or against and the public
hearing was closed.
A MOTION WAS MADE BY ORTEGA, SECOND BY MOUNTFORD, TO APPROVE
CIRCULATION ELEMENT AMENDMENT NO. 89-1 BY ADOPTING RESOLUTION
NO. 1417 AND RECOMMEND THAT THE CITY COUNCIL AMEND THE GENERAL PLAN,
BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
C-5 CODE AMENDMENT NO 89-3/NEGATIVE DECLARATION NO. 89-14
(ADDITIONS, AMENDMENTS AND DELETIONS TO ARTICLE 908 -
DEFINITIONS)
APPLICANT: City of Huntington Beach
LOCATION: City-wide
Code Amendment No. 89-3 is a request by Planning staff to revise
Article 908 to add, amend and/or delete definitions.
PC Minutes - 7/6/89 -6- (3190d)
STAFF RECOMMENDATION:
Approve Negative Declaration No. 89-14 and Code Amendment No. 89-3
with findings and forward to the City Council for adoption.
After discussion of proposed changes (previously presented to
Planning Commission April 18, May 2 and May 30, 1989) the Commission
agreed to accept all amendments, except for the definition of
"bachelor unit". Staff was directed to further clarify the term.
A STRAW VOTE MOTION WAS MADE BY LEIPZIG, SECOND BY MOUNTFORD, TO
ACCEPT ALL PROPOSED AMENDMENTS, EXCEPT FOR THE DEFINITION OF
BACHELOR UNIT, BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
STRAW VOTE MOTION PASSED
A MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA, TO CONTINUE CODE
AMENDMENT NO. 89-3 AND NEGATIVE DECLARATION NO. 89-14 TO THE AUGUST
1, 1989 PLANNING COMMISSION MEETING WITH A STUDY SESSION AT 5:30 PM,
BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
D. ITEMS NOT PUBLIC HEARING
D-1 REQUEST FOR ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE
PERMIT NO. 87-17 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 88-19
APPLICANT: Sterling K. Hanakahi/Hillcrest Missionary Baptist
Church
LOCATION: 8221 Newman Avenue (north side of Newman Avenue
approximately 125 feet east of Van Buren Street)
The applicant has requested a one-year extension of time for
Conditional Use Permit No. 87-17 and Conditional Exception
(Variance) No. 88-19 which were approved by the City Council on July
18, 1988. The project is a request to construct a two-story,
6,868 square foot church facility and to reduce the front setback
and reduce landscape planter width.
PC Minutes - 7/6/89 -7- (3190d)
The applicant has indicated that a one-year extension of time is
necessary in order to complete the review of the required covenants,
conditions and restrictions by the City Attorney and to clear
grading and building plan check process. Section 9843.4 of the
Huntington Beach Ordinance Code specifies that upon written request
by the applicant, the Planning Commission may grant extensions of
time not to exceed one year.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission grant a one-year
extension of time for Conditional Use Permit No. 87-17 and
Conditional Exception (Variance) No. 88-17 to July 18, 1990, with
all previous conditions of approval to remain in effect.
Commission discussed concerns regarding changes in the area of the
church site since approval and felt the proposed project should be
reconsidered.
A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD TO APPROVE A
ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 87-17 AND
CONDITIONAL EXCEPTION (VARIANCE) NO. 88-19, WITH ALL PREVIOUS
CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE:
AYES: Kirkland, Mountford
NOES: Williams, Bourguignon, Ortega, Leipzig
ABSENT: Shomaker ■
ABSTAIN: None
MOTION FAILED
A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG TO DENY A ONE-YEAR
EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 87-17 AND
CONDITIONAL EXCEPTION (VARIANCE) NO. 88-19, BY THE FOLLOWING VOTE:
AYES: Williams, Ortega, Leipzig
NOES: Mountford, Kirkland, Bourguignon
ABSENT: Shomaker
ABSTAIN: None
TIE VOTE - MOTION FAILED
The applicant was present and asked to speak to the Commission. He
said a lot of time and a considerable amount of money had been spent
so far working with the City on the project and he is very anxious
to build. He said the financing could be available the next day and
urged the Commission to grant him an extension of time for at least
90 days.
PC Minutes - 7/6/89 -8- (3190d)
1
A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO APPROVE A
90-DAY EXTENSION (EXPIRATION: OCTOBER 16, 1989) OF TIME FOR
CONDITIONAL USE PERMIT NO. 87-17 AND CONDITIONAL EXCEPTION
(VARIANCE) NO. 88-19, WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO
REMAIN IN EFFECT, BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
E. DISCUSSION ITEMS
None
F. PLANNING COMMISSION INQUIRIES
1. STATUS REPORT - CONDITIONAL USE PERMIT NO. 88-45/ CONDITIONAL
EXCEPTION (VARIANCE) NO. 88-44 - HOME DEPOT
A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO SCHEDULE A
PUBLIC HEARING ON AUGUST 1, 1989, FOR POSSIBLE REVOCATION OF
CONDITIONAL USE PERMIT NO. 88-45 AND CONDITIONAL EXCEPTION
(VARIANCE) NO. 88-44) BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford,
Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
2. APPEARANCE/CONDITION OF SHOPPING CENTER LOCATED ON SOUTHWEST
CORNER OF INDIANAPOLIS AND NEWLAND
Staff was instructed to notify the property owner of the
shopping center's condition.
G. PLANNING COMMISSION ITEMS
None
PC Minutes - 7/6/89
-9-
(3190d)
H. COMMUNITY DEVELOPMENT ITEMS
Mike Adams updated the Commission on actions taken by the City
Council at their July 5 meeting.
I. ADJOURNMENT
A MOTION WAS MADE AT 9:20 PM, BY KIRKLAND, SECOND BY ORTEGA, TO
ADJOURN TO A 5:30 PM STUDY SESSION, TUESDAY, JULY 18, 1989, AND THEN
TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Mountford,
Leipzig
NOES: None
ABSENT: Shomaker
ABSTAIN: None
MOTION PASSED
APPROVED BY:
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Mike Ada s, Secretary P1
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PC Minutes - 7/6/89 -10- (3190d)