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HomeMy WebLinkAbout1989-11-07APPROVED 12/5/89 MINUTES HUNTINGTON BEACH PLANNING COMMISSION NOVEMBER 7, 1989 Council Chambers 2000 Main Street Huntington Beach, - Civic Center REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P (left meeting @ 11:15) ROLL CALL: Shomaker, Kirkland, California P P P A Bourguignon, Ortega, Mountford, Leipzig A. CONSENT CALENDAR P Williams, A-1 PLANNING COMMISSION MINUTES DATED SEPTEMBER 6, SEPTEMBER 19, OCTOBER 17, 1989 A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE MINUTES DATED SEPTEMBER 6, SEPTEMBER 19 AND OCTOBER 17, 1989, AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED B. ORAL COMMUNICATIONS Margie Schiller, Margie's Country Kitchen, 9726 Puffin Avenue, spoke in regard to Item D-3 (request from FHP for a flu -clinic). She voiced her concerns with the traffic that will be generated by the proposed clinic. She understands that FHP will be placing cones in the parking lot to block off 40 designated spaces for the flu clinic patients and she feels this is unfair. B-1 Ron Gray, General Manager at FHP, spoke in support of.the proposed clinic (Item D-3). He gave statistics on last year's clinic and comparisons to this year's clinic which showed improvements. He agreed to all conditions placed upon the request and said the reason for blocking off the 40 spaces is to speed up the flu shot process by providing immediate parking for the patients. ACTION WAS TAKEN BY THE PLANNING COMMISSION ON ITEM D-3 DURING THIS SEGMENT OF THE AGENDA. SEE ITEM D-3 FOR DETAILS. ACTION WAS TAKEN BY THE PLANNING COMMISSION ON ITEM C-10 (CODE AMENDMENT NO. 89-10) DURING THIS SEGMENT OF THE AGENDA DUE TO THE LENGTH OF THE AGENDA. SEE ITEM C-10 FOR DETAILS. PLANNING COMMISSION SUB -COMMITTEE REPORTS Kirk Kirkland reported action taken by the Design Review Board at the October 26, 1989 meeting. He reiterated the decision of continue holding meetings from scheduling night meetings. the Design Review Board to 3:30 PM to 5:00 PM rather than it 1 PC Minutes - 11/7/89 -2- (4097d) C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO. 88-40(R) (CONTINUED FROM AUGUST 1, 1989 PLANNING COMMISSION MEETING) APPLICANT: ROCKETS "N" POCKETS LOCATION: 19092 Beach Blvd. Suite L (Plaza De La Playa) Shopping Center) Conditional Use Permit No. 88-40(R) is a request to amend the conditions of approval for Conditional Use Permit No. 88-40 which permitted an arcade/billiard center. The required conditions include a weekend parking lot security guard (Condition No. 6), minimum 21 years of age on -premise employees (Condition No. 4) and restricted hours of operation (Condition No. 3) to Sunday -Thursday (11:00 AM to 10:00 PM) and Friday -Saturday (11:00 AM to 12:00 Midnight). The request is to eliminate the weekend parking lot security guard, reduce the age of the on -premise employees to 18 years of age and to expand the hours of operation to Monday -Sunday, 11:00 AM to 12:30 AM everyday. Conditional Use Permit No. 88-40(R) was continued from the August 1, 1989 Planning Commission meeting in order for the applicant to address the concerns raised at the public hearing regarding the amended conditions, noise, loitering and vandalism. The Planning Commission also directed the applicant to with staff, the adjacent condominium owners schedule a public and commercial meeting tenants in an effort to mitigate the problems that are occurring at the Plaza De La Playa Shopping Center. Since the August 1, 1989 Planning Commission meeting and the public meeting with the condominium owners and commercial tenants on August 16, 1989, the applicant has revised his request to amend the condition of approval. The applicant has withdrawn his request to eliminate the weekend parking lot security guard but proposes to alter the guards hours from 5:00 PM to 1:00 AM to 7:00 PM to 1:30 AM; is modifying his request to expand the hours of operation to Sunday through Thursday - 11:00 AM to 11:30 PM and Friday and Saturday - 11:00 AM to 12:30 PM; and is requesting that only one (1) of the on -premise employees be 21 years of age. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-40(R) as modified by the applicant with amended Conditions of Approval. THE PUBLIC HEARING WAS OPENED Paul Robertson, applicant, urged approval of the request. He said problems at the center have been successfully identified and solved. He feels good relations have been cultivated with the condominium project owners to the east and his establishment. PC Minutes - 11/7/89 -3- (4097d) Chris Hewlett, 20602 Queens Park Lane, recently from Australia, spoke in support of the request and the establishment. He said Rockets "N" Pockets is the nicest pool parlor in the free country. Tiffany Martens, 7721 Ellis Avenue, spoke in support of the extended hours. She said she does not get off work until late and would like to be able to play pool at Rockets "N" Pockets (a non-alcoholic pool establishment) and therefore feels the hours should be extended. Megan Dempsey, 4244 Larwin Avenue, Cypress, said Rockets "N" Pockets provides a safe, "non-alcoholic" environment and she supports their request. Robert A. Wong, manager of Rockets "N" Pockets, said he has done everything in his power to address the concerns of the adjacent neighbors. Mia Conley, 19115-F Beachcrest, Seawind homeowner, said she has seen a marked improvement with the problems occurring at the center. She said the only remaining problems seem to be focused in the back parking lot. She also said that most of the Seawind homeowners are willing to work with Rockets "N" Pockets. She requested another review of the establishment within the next few months. Jack Grimes, 19110-A Beachcrest, Board Member of Seawind Condominiums, said he feels the cooperation that has been shown from Rockets "N" Pockets is the best example of business and homeowners working together. He said he supported the request. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE CONDITIONAL USE PERMIT NO. 88-40(R) AS MODIFIED BY THE APPLICANT WITH AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED MODIFIED CONDITIONS OF APPROVAL: 3. Hours of operation shall be limited to between 11:00 AM to 11:30 PM Sunday through Thursday and between 11:00 AM to 12:30 AM on Fridays and Saturdays only. PC Minutes - 11/7/89 -4- (4097d) n 1 4. There shall be a minimum of one (1) adult (21 years of age) employee on the premises during hours of operation. The second employee on the premises shall be at least 18 years of age. 6. The applicant shall provide a security guard that is 21 years of age or older, approved by the Police Department, on Friday and Saturday evenings from 6:00 PM to 1:30 AM to monitor the parking area to insure that loitering does not occur in the Plaza De La Playa Center. C-2 1989 HOUSING ELEMENT UPDATE (CONTINUED FROM OCTOBER 3, 1989 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: City-wide California State Law requires that local governments prepare and adopt a Housing Element of the General Plan, and that the element be updated at five-year intervals. The City retained the firm of Cotton/Beland to prepare the Housing Element Update. The document has been completed and comments from the public and the State have been received. At present, staff is continuing to work with the Consultant and the State to address concerns regarding available land for future housing developments. STAFF RECOMMENDATION: Due to on -going discussions with the State Department of Housing and Community Development (HCD), continue this item to the public hearing scheduled for December 5, 1989. A MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA, TO CONTINUE DRAFT 1989 HOUSING ELEMENT UPDATE TO THE DECEMBER 5, 1989 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED PC Minutes - 11/7/89 -5- (4097d) C-3 CODE AMENDMENT NO 88-12 (CONTINUED FROM OCTOBER 17, 1989 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: City-wide Code Amendment No. 88-12 is a request to amend Article 960 of the Huntington Beach Ordinance Code pertaining to parking and landscaping requirements. STAFF RECOMMENDATION: Continue Code Amendment No. 88-12 to the January 9, 1990 Planning Commission meeting. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO CONTINUE CODE AMENDMENT NO. 88-12 TO A 5:30 PM STUDY SESSION AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, NOVEMBER 21, 1989, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED C-4 SPECIAL SIGN PERMIT NO 89-3 (CONTINUED FROM OCTOBER 17, 1989 PLANNING COMMISSION MEETING) APPLICANT: MARK FRANK, SPESCO LOCATION: 6952 Warner Avenue (southwest corner at Goldenwest Street) This item was continued from the meeting of October 17, 1989, with Commission direction to review code requirements, sign examples discussed by applicant, and sign violations. Special Sign Permit No. 89-3 is a request for the installation of two channel letter signs with greater square footage than that which is permitted by code. The applicant amended his application at the Planning Commission meeting and now requests two signs with a total of 126 square feet in lieu of 82.5 square feet by code. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15311, Class 11, of the California Environmental Quality Act. PC Minutes - 11/7/89 -6- (4097d) 1 STAFF RECOMMENDATION: Deny Special Sign Permit No. 89-3 with findings. THE PUBLIC HEARING WAS OPENED Gil Schauer, applicant, 6952 Warner Avenue, spoke in support of the request. He addressed all of the issues and concerns regarding his request and demonstrated how important the signs were to them and their neighbor's businesses. He gave examples of his interpretation on the definition of building frontage, maximum area per sign, building identification and use of their trade name "Casablanca". He also addressed their history of sign violations. He urged the Commission to allow their proposed signs and to allow the use of their trade name "Casablanca". He feels the proposed signs will enhance their image. Because he spoke for 35 minutes he waived the time allowed for the other speakers signed up to speak in support of the request. THE PUBLIC HEARING WAS CLOSED After discussion the Commission requested that all advertisements and displays be removed from the windows and existing sign cans on the exterior of the store be removed. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE SPECIAL SIGN PERMIT NO, 89-3 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Bourguignon, Ortega, Mountford NOES: Williams ABSENT: Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Strict compliance with Section 9610.5 will result in a substantial hardship to the applicant. 2. The proposed signs which total 126 square feet will not adversely affect the area. 3. The proposed signs which total 126 square feet will not be detrimental to other businesses located in the vicinity. CONDITIONS OF APPROVAL: 1. The plan dated November 2, 1989, shall be the conceptually approved layout. PC Minutes - 11/7/89 -7- (4097d) 2. Prior to issuance of building permits, applicant shall complete the following: a. Remove all window signs and displays. b. Remove all existing sign cans on the exterior of the store. 3. The developmnt shall comply with all applicable provisions of the Ordinance Code and Building Division. 4. The business shall not display any outside banners, flags or pennants of any kind without obtaining proper approvals from the Planning Division. 5. The Planning Commission reserves the right to revoke Special Sign Permit No. 89-3 if any violations of the conditions or the Huntington Beach Ordinance Code occurs. C-5 HOLLY SEACLIFF MASTER PLAN/ENVIRONMENTAL IMPACT REPORT NO. 89-1 APPLICANT: CITY OF HUNTINGTON BEACH (INITIATED BY HUNTINGTON BEACH COMPANY) LOCATION: The Holly-Seacliff Master Plan is a 768 acre area generally bounded by Ellis Avenue to the north, Huntington and Main Streets to the east, Yorktown and Clay Avenues to the south and the bluff edge west of Edwards Street to the west. The Holly-Seacliff Master Plan was initiated by the Huntington Beach Company and expanded in scope by the City of Huntington Beach. The purpose of the Master Plan is to resolve a wide variety of planning issues within the area. Due to the scope of the plan and EIR, the consulting firm of FORMA was retained by the City to provide the necessary technical expertise and manpower. Additionally, a program of public workshops were devised in order to encourage public participation in preparation of the Master Plan. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, Environmental Impact Report No. 89-1 was prepared and circulated for review and comment. The 45-day public review period for the document expired on September 8, 1989. All comments received were responded to in writing. 1 PC Minutes - 11/7/89 -8- (4097d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing and take testimony on the Holly-Seacliff Master Plan and EIR No. 89-1. The Planning Commission may: A. Recommend as adequate for certification, EIR No. 89-1 with Findings and Facts and Statement of Overriding Considerations by adoption of Resolution No. 1423; and B. Approve the proposed Master Plan by adopting Resolution No. 1424. COMMISSIONER ORTEGA STATED SHE WOULD BE ABSTAINING FROM THE ITEM DUE TO ADVICE FROM THE FAIR POLITICAL PRACTICES COMMISSION SINCE HER RESIDENCE IS LOCATED WITHIN 300 FEET OF THE PROPOSED PROJECT AREA. THE PUBLIC HEARING WAS OPENED Bill Holman, Project Manager - Huntington Beach Company, spoke in support of the Master Plan. He documented existing concerns and conditions of the area. He feels this plan is the most balanced approach, incorporates all City policies, and will be beneficial to the community. John Fisher, President Homeowners Association in Ellis/Goldenwest area, 6692 Shetland Circle, feels that the parks should be identified in the EIR. He also requested the 7 acres of commercial (Edwards/Garfield area) be relocated to another area. Clare Dellemann, Village Court Homeowners, 18809 Club Lane, addressed her concern with an island of nice homes being created and surrounded by industrial. She spoke in support of the Master Plan. She also expressed her disappointment that Commissioner Ortega had to disqualify herself from voting or discussing this subject. Gerald Chapman, 6747 Shire Circle, said as a practicing dentist he opposes the loss of 16 acres of office -professional zoning. He said medical parking requirements are high and eliminate medical facilities which cannot be moved into mixed -use centers. He urged the Commission to consider keeping some office -professional zoning in the area. He feels it would provide a good buffer zone. Eric Bathen, Attorney, Huntington Beach School District, said with the proposed generation of school -age children in the area he feels an additional elementary school will be needed. He said the District and the developers have not reached an agreement on building an additional school. He said the District does not have the funds to build and urged the Commission to hold up the Master Plan until an agreement has been reached. He said that school fees could be credited to the developers. PC Minutes - 11/7/89 -9- (4097d) Chauncey Alexander, Driftwood Drive, Huntington Beach Tomorrow, expressed concern regarding the EIR; feels it is inadequate. She said she feels the development will increase density which will cause major problems for the quality of life. She would like to see mitigation measures to cover increased sewage needs, increased traffic, infrastructure improvements. She recommended a continuance on the Master Plan until these concerns can be mitigated. Kerry Beaulin, 16400 Springdale, representing St. Bonaventure Church, said there is a possibility of an additional 1,000 catholic families in the area and would like to see more religious sites added to the General Plan. Father Daniel Johnson, St. Mary's By the Sea, requested more church sites be added to the Master Plan. He said this area is within his church boundaries and feels additional churches will be needed to accommodate the new families. Bob Mandic, 1112 Main Street, said he has had a business in the area for fifty years and resents the last minute changes to the Plan. He said the limitation of hours as suggested in the EIR will completely put him out of business. He requested a continuance on the item. He feels the plan needs work and needs to insure industrial development so that more jobs will be created and traffic problems may be solved. Terry Dolton, 17892 Shoreham Lane, Huntington Beach Tomorrow, addressed his concerns with traffic. He feels the traffic generated from this project, which is right in the middle of the City, will effect all other neighborhoods in the City. He would like to see further traffic studies completed. Mark Porter, 19561 Topeka Lane, Huntington Beach Tomorrow, said developers have been trying to build the industrial corridor for years and have always been shot down. It has always been felt that jobs were needed in the area and he feels jobs are still needed. He said housing is now being proposed and feels more industrial should be provided and would like to see the corridor retained. He urged the Commission to continue the plan for another 30 days to make all suggested changes. He feels a 30 day delay will not hurt a plan that will be in effect for more than 50 years. Debbie Cook, 6692 Shetland Circle, spoke in support of a continuance. She said her preference would be to have the commercial removed from the area; no school sites included in the plan since they would be incompatible with equestrian; and she would like to see all park dedication in the Ellis/Goldenwest area completed immediately. She does not feel the EIR properly analyzed the area and asked how private space could qualify as "open space". PC Minutes - 11/7/89 -10- (4097d) F� Carrie Thomas, 6642 Trotter Drive, expressed her objection to Commissioner Ortega being disqualified from participating in decisions regarding this area. She said a park is needed immediately in the quarter section and would like to take the development bond money and use it to develop a park. She said there is no place to exercise horses in the area. She also expressed her feelings regarding the requested school sites. She does not understand why the two school districts in the City cannot be combined and utilize buildings that are empty instead of building new ones. Bruce Greer, property owner in the industrial area (no address given), said an economic study was never completed. He,wondered why there was only one alternative in the plan for industrial. He does not feel this plan has any continuity and feels it is creating an industrial island in the middle of residential. He does not feel industrial will be compatible with residential and asked what uses would be considered for this area. He does feel the City needs places for the citizens to work so that people that live here can work here. There were no other persons present to speak for or against the plan and the public hearing was closed. After a lengthy discussion the Commission agreed that there had been a lot of hours spent on developing this plan and felt the EIR was adequate. They felt if all of the mitigation measures were implemented into entitlements that impacts would be adequately relieved. A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO CERTIFY ENVIRONMENTAL IMPACT REPORT NO. 89-1 WITH FACTS AND FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS BY ADOPTION OF RESOLUTION 1423 AND TO APPROVE HOLLY-SEACLIFF MASTER PLAN BY ADOPTION OF RESOLUTION 1424, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Mountford NOES: None ABSENT: Leipzig ABSTAIN: Ortega MOTION PASSED PC Minutes - 11/7/89 -11- (4097d) RESOLUTION NO. 1423 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ENVIRONMENTAL IMPACT REPORT NO. 89-1 FOR THE HOLLY-SEACLIFF MASTER PLAN WHEREAS, the Holly-Seacliff Master Plan's related entitlements and Environmental Impact Report No. 89-1 have been prepared; and The City of Huntington Beach was the lead agency in the preparation of the Environmental Impact Report; and All persons and agencies wishing to respond to notice duly given have been heard by the Planning Commission either through written notice or during a public hearing on November 7, 1989, and such responses and comments as were made were duly noted and responded to; and The Planning Commission contemplates and directs continuing compliance with CEQA and the Guidelines as necessary in the implementation of the phases and elements of the project; and This Planning Commission by this Resolution recommends Statement of Facts and Statements of Overriding Considerations as required by Section 15091 and 15093 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Huntington Beach as follows: SECTION 1. The Planning Commission does hereby find that Environmental Impact Report No. 89-1 has been completed in compliance with the California Environmental Quality Act and all State and local guidelines therefore. SECTION 2. The Planning Commission has considered all significant effects detailed in Environmental Impact Report No. 89-1, together with existing and proposed mesures to mitigate such significant effects (Exhibit A). SECTION 3. The Planning Commission further finds that through the implementation of the aforementioned mitigation measures, the majority of the potentially adverse impacts associated with the Holly-Seacliff Master Plan can be eliminated or reduced to a level of insignificance. SECTION 4. The Planning Commission finds that the benefits accruing to the City, both economically and socially, as stated in the Statement of Overriding Considerations (Exhibit B), override the unmitigatable effects detailed in Environmental Impact Report No. 89-1 and the attached Statement of Findings and Facts in Support of Findings (Exhibit C). SECTION 5. The Planning Commission of the City of Huntington Beach does hereby recommend that the City Council adopt and certify as adequate Environmental Impact Report No. 89-1. 1 PC Minutes - 11/7/89 -12- (4097d) RESOLUTION NO. 1424 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECOMMENDING ADOPTION OF THE HOLLY-SEACLIFF MASTER PLAN GENERAL PLAN AMENDMENT WHEREAS, the Planning Commission of the City of Huntington Beach, California, desires to update and refine the General Plan in keeping with changing community needs and objectives; and Amendments to the General Plan are necessary to accomplish refinement of the General Plan; and The Holly-Seacliff Master Plan proposes to amend the following elements of the General Plan: 1. Land Use Element 2. Circulation Element 3. Community Facilities Element 4. Open Space/Conservation Element 5. Recreation Element 6. Housing Element 7. Seismic/Safety Element 8. Noise Element 9. Coastal Element and; The Holly-Seacliff Master Plan (Exhibit A) is intended to constitute a complete package which will be added to and become a part of the General Plan; and The Planning Commission recommends that the Holly-Seacliff Master Plan be adopted for that area consisting of 768 acres generally bounded by Ellis Avenue to the south, Huntington and Main Streets to the east, Yorktown and Clay Avenues to the south and the bluff edge west of Edwards Street to the west. A public hearing on adoption of the Holly-Seacliff Master Plan General Plan Amendment was held by the City Planning Commission on November 7, 1989, in accordance with provisions of the State Government Code; PC Minutes - 11/7/89 -13- (4097d) C-6 CONDITIONAL USE PERMIT NO 89-55/COASTAL DEVELOPMENT PERMIT N0, 89-31 APPLICANT: ROBERT BENDER, ARCHITECT LOCATION: 16622 Nalu Circle Conditional Use Permit No. 89-55 is a request for the construction of a new two-story single family dwelling with a height of 30 feet for a portion of the structure. Article 9110.4 states that the maximum building height within the R1 zone is 25 feet and two stories. A maximum height of 30 feet is permitted, however, subject to the approval of a conditional use permit. Coastal Development Permit No. 89-31 is required as the subject property is within the non -categorical exclusion area of the Coastal Zone. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15303, Class 3, of the California Environmental Quality Act. COASTAL STATUS• The proposed project is adjacent to Weatherly Channel and is within an appealable/non-categorical exclusion area of the Coastal Zone. All projects within this zone are required to obtain approval of a coastal development permit in compliance with the provisions contained within Article 989.5. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-55 and Coastal Development Permit No. 89-31 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Robert Bender, applicant, spoke in support of the request. He said there would be no grading on the site and asked why staff was requesting a grading plan. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE CONDITIONAL USE PERMIT NO. 89-55 AND COASTAL DEVELOPMENT PERMIT NO. 89-31 WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig , ABSTAIN: None MOTION PASSED PC Minutes - 11/7/89 -14- (4097d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 89-55: 1. The location, site layout, and design of the proposed two story single family dwelling with a maximum height of 30 feet properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The structure is proposed to be consistent with the development standards contained within the Huntington Beach Ordinance Code. 2. The granting of Conditional Use Permit No. 89-55 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposed two-story single family dwelling with a maximum height of 30 feet is not detrimental to the general health, welfare, safety, or privacy of the surrounding residents, or on surrounding property values. The subject structure is proposed to be constructed in compliance with all Huntington Beach Ordinance Code development standards and in accordance with the Uniform Building Code as adopted by the City of Huntington Beach. Privacy will not be affected as the entry tower has no floor area on the second floor, therefore no additional visibility onto adjacent properties will be present as a result of the increased building height. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 89-31: 1. The proposed single family dwelling conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 89-31 is consistent with the CZ (Coastal Zone) suffix, the R1 zone as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed single family dwelling can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. The proposed development is within a tract which already has full public improvements. 4. The proposed single family dwelling conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access exists presently, nor will exist after construction of the proposed structure. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 10, 1989, shall be the conceptually approved layout. PC Minutes - 11/7/89 -15- (4097d) 2. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A grading plan may be required, if deemed necessary by the Director of Public Works, for review and approval (with the 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. b. All applicable Public Works fees shall be paid. c. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. , 3. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. A two (2) inch domestic/fire water service connection shall be required. c. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 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. 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. B. 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. PC Minutes - 11/7/89 -16- (4097d) C-7 CONDITIONAL USE PERMIT NO, 89-51/COASTAL DEVELOPMENT PERMIT NO. 89-38 APPLICANT: POWELL DESIGN COMPANY LOCATION: 1116 Pacific Coast Highway Conditional Use Permit No. 89-51 is a request for an addition to an existing single family dwelling plus construction of a three -bedroom unit at the rear of the property over the proposed garage. Pursuant to the Downtown Specific Plan, a conditional use permit is required for the construction of a multi -family dwelling within the Downtown area. Coastal Development Permit No. 89-38 is required as the subject property is located within a non -categorical exclusion area of the Coastal Zone. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section X5303, Class 3, of the California Environmental Quality Act. COASTAL STATUS• The proposed project is within an appealable/non-categorical exclusion area of the Coastal Zone. All projects within this zone are required to obtain approval of a coastal development permit (CDP) in compliance with the provisions contained within Article 989.5. REDEVELOPMENT STATUS: The subject property is located within the Main -Pier Redevelopment Project area. Redevelopment staff has indicated that the proposed project is compatible with the redevelopment plans for the area. SPECIFIC PLAN• The subject property is located within the Downtown Specific Plan -District 2. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-51 and Coastal Development Permit No. 89-38 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the request and the public hearing was closed. PC Minutes - 11/7/89 -17- (4097d) A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE CONDITIONAL USE PERMIT NO. 89-51 AND COASTAL DEVELOPMENT PERMIT NO. 89-38 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE'PERMIT N0, 89-51: 1. The location, site layout and design of the proposed addition to the single family home and the addition of a unit properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of one unit to the other on the site is property integrated. 3. The access to and parking for the proposed two dwelling units does not create an undue traffic problem. Access for both units is off the alley at the rear of the property. 4. The proposed addition to the single family dwelling and addition of a unit is not detrimental to the General Plan of the City of Huntington Beach. Two units on the site is well below the maximum density permitted by the High Density Residential land use designation. 5. The Design Review Board reviewed this development on October 19, 1989, and determined that the project substantially conforms with the Downtown Specific Plan and Downtown Design Guidelines. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 89-38: 1. The proposed addition to the single family dwelling and additional unit conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan, the Downtown Specific Plan -District Two, as well as the C-LUP which permit the density proposed by this project. 2. Coastal Development Permit No. 89-38 is consistent with the CZ (Coastal Zone) suffix, the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed development conforms to all applicable development standards. PC Minutes - 11/7/89 -18- (4097d) 1 1 3. At the time of occupancy, the proposed single family dwelling and additional unit can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. Full public services are available at the subject location. 4. The proposed addition to the single family dwelling and additional unit conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project is on the inland side of Pacific Coast Highway; therefore, public access to the beach is not affected. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 30, 1989, shall be the conceptually approved layout. 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. 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. Elevations shall depict colors and building materials proposed as approved by the Design Review Board. f. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 11/7/89 -19- (4097d) 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. 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 the Downtown Specific Plan of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Landscaping within the front yard setback shall be compatible with the blufftop park across Pacific Coast Highway. 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). 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. c. All applicable Public Works fees shall be paid. d. The alley shall be dedicated and improved to City standards. e. Public improvements on Pacific Coast Highway shall be constructed per City and CalTrans requirements. f. An automatic fire sprinkler 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. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 7. All grill work or handrails shall be constructed of anti -corrosive materials. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes - 11/7/89 -20- (4097d) 9. Prior to 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. 10. Should a Traffic Impact Fee be adopted by the City Council, the applicant/owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 11. Should park and recreation fees be raised prior to issuance of building permits, applicant shall be responsible for higher fees. 12. Conditional Use Permit No. 89-51 and Coastal Development Permit No. 89-38 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. PURSUANT TO PLANNING COMMISSION BY-LAWS PUBLIC HEARINGS AFTER 11:00 PM REQUIRES AN APPROVED MOTION FROM THE COMMISSION. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO CONTINUE PUBLIC HEARING AFTER 11:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Ortega, Mountford NOES: Kirkland ABSENT: Leipzig ABSTAIN: None MOTION PASSED C-8 CONDITIONAL USE PERMIT NO. 89-47 APPLICANT: AKI NURSERY LOCATION: 8602 Heil Avenue (Southern California Edison right-of-way) Conditional Use Permit No. 89-47 is a request to permit the placement of a 224 square foot office trailer at the existing Aki Wholesale Nursery pursuant to Section 9630(H) - Horticulture of the Huntington Beach Ordinance Code. PC Minutes - 11/7/89 -21- (4097d) 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. 89-47 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Yuko Ganiko, applicant, spoke in support of the request. She said the location of the trailer that she proposed was easier to see and that the requirement by the City to move it will cause a hardship for them. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY WILLIAMS, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PRMIT NO. 89-47 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The location, site layout, and design of the proposed 224 square foot office trailer properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner because the trailer is adequately setback from the residential uses to the east. 2. The proposed 224 square foot office trailer will be compatible with the adjacent residential uses because the trailer will not contain any windows or doors facing the residential homes to the east, is setback adequately and is provided with adequate parking and circulation on site. 3. The access to and parking for the proposed 224 square foot office trailer at the Aki Wholesale Nursery does not create an undue traffic problem because adequate parking and circulation is provided on site. PC Minutes - 11/7/89 -22- (4097d) 1 CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated October 6, 1989, shall be the conceptually approved layout. 2. The office trailer shall have no windows or doors which face the residential homes to the east. 3. The site shall have no speaker system to page employees or customers. 4. Fire Department requirements are as follows: a. The applicant shall provide a fire extinguisher for the office trailer. b. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 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. Compliance with all conditions of approval specified herein shall be accomplished. 8. Building permits shall be obtained for the placement of the office trailer. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 89-47 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 10. Conditional Use Permit No. 89-47 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. PURSUANT TO PLANNING COMMISSION BY-LAWS PUBLIC HEARINGS AFTER 11:30 PM REQUIRES AN APPROVED MOTION FROM THE COMMISSION. PC Minutes - 11/7/89 -23- (4097d) A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO CONTINUE PUBLIC HEARING AFTER 11:30 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig, Kirkland ABSTAIN: None MOTION PASSED C-9 CONDITIONAL USE PERMIT NO 89-36/CONDITIONAL EXCEPTION VARIANCE) NO 89-53/COASTAL DEVELOPMENT PERMIT N0, 89-20 APPLICANT: COULTRUP DEVELOPMENT CO. LOCATION: 4123 Warner Avenue (Huntington Harbour Bay Club located on north side of Warner Avenue approximately 100 feet west of Edgewater Lane Conditional Use Permit No. 89-36 and Coastal Development Permit No. 89-20 is a request to construct a 36-unit residential condominium project. Conditional Exception (Variance) No. 89-53 is a request to exceed the maximum three-story requirement and construct a four-story stucture. The proposed project is located at 4123 Warner Avenue, north side of Warner Avenue approximately 100 feet west of Edgewater Lane. ENVIRONMENTAL STATUS: In accordance with the California Environmental Quality Act, Environmental Impact Report No. 82-3 (EIR No. 82-3) was prepared to analyze the potential impacts of a more intense project and certified by the City Council in February 1983. The City has recirculated EIR No. 82-3 for public and responsible agencies comments. COASTAL STATUS: The proposed project is within an appealable portion of the Coastal Zone. Prior to any action on Conditional Use Permit No. 89-36 or Conditional Exception (Variance) No. 89-53, it is necessary for the Planning Commission to review and act on Coastal Development Permit No. 89-20. SPECIFIC PLAN: The proposed project is located within the boundaries of the Huntington Harbour Bay Club Specific Plan (HHBCSP). ;1 PC Minutes - 11/7/89 -24- (4097d) 1 STAFF RECOMMENDATION: A. Accept Environmental Impact Report (EIR) No. 82-3 as complete and adequate with additional geologic analysis with findings; B. Approve Coastal Development Permit No. 89-20 with findings; C. Approve Conditional Use Permit No. 89-36 and Conditional Exception (variance) No. 89-53 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED John Coultrup, applicant, spoke in support of the request. He said he feels his new proposal will enhance the area with the reduction in the number of units, reduced building envelope and footprint, larger floorplans, reduced rooflines, and improved site plan. He said a recent noise study and seismic study have been completed and all earthquake lines and projected fault lines have been identified and approved for safety by the consultants. He said his permit to build 42 units will expire in December and he would like to get started on the new proposed 36-unit project. Marte Klarin, 17164 Edgewater Lane, expressed concern regarding the EIR being outdated since approved in 1982. It is felt that with over 1,000 units being added since 1982 that sewage capacity and traffic problems need new mitigation measures. Barbara Devlin, 17156 Edgewater Lane, spoke in opposition to the project. She does not want a four story development next door to her. She feels a new EIR should be completed for the area and a seismic study as suggested by the Environmental Board. She feels with the project's added density the added traffic will be impossible. She would be in favor of a two story development. Michael Cavallo, 17220 Courtney Lane, representing 30 homeowners, gave his major concerns with the project which included traffic, noise and infrastructure problems. He said the area is already experiencing problems with infrastructure; water comes up through the manholes during high tides. He also said parking in the Marina is already a big problem because there are not enough spaces and if the project is built out it will result in a loss of more parking spaces. He requested a new EIR and seismic study. Mrs. Gladys Schwartz, 17188 Edgewater Lane, requested a new EIR be completed since so many new developments have been added on Warner. She feels there are potentially dangerous seismic conditions that have been discovered that need to be studied. She said the bay is already polluted and all of the fish are gone because of the many live-aboards in the harbor and that the Warner and Edgewater area has become polluted. PC Minutes - 11/7/89 -25- (4097d) Joe Schwartz, 17188 Edgewater Lane, said he has been a harbor resident for 26 years. He is concerned with the beach. He said when the specific plan was done there was supposed to be a beach and to date there is not one. He said boat slips are where the beach is suppose to be. He does not think any development should be allowed until a beach is provided. Bill Sharp, 16477 Tropez Lane, spoke in support of the project. He feels if the developer is willing to reduce the number of units from 42 to 36 that his motives should not be questioned. Ralph Bauer, 16511 Cotuit Circle, representing 25 residents in the harbor, said the project is in the worst zone for potential loss of life because of the Newport -Inglewood fault. He feels the number of units should be reduced more than 6 units. He would like to see a new seismic study completed. Anne Woodard, 17124 Edgewater Lane, representing Huntington Harbor property owners, said this issue was like "beating a dead horse" since the developer already has permits to build his project. She would like to see a new EIR completed. Sheldon Grossman, 17131 Edgewater Lane, said people cannot stop living because of the San Francisco earthquake. He said waterside residents are in favor of this project because it will be an improvement over what they look at now. He feels the reduction in number of units will be an improvement to the area and that the project will help screen noise from Warner Avenue. He also feels the design of the project is very attractive. Don Watson, 17091 Edgewater, spoke in opposition to the project. He lives on the water and objects to the live-aboards and says there.is no enforcement. He does not feel there is enough parking in the area and cannot understand where the residents of the proposed project will park. He does not feel the development is being reduced from 42 to 36. Instead he feels it is being increased from 0 to 36. There were no other persons present to speak for or against the project and the public hearing was closed. A MOTION WAS MADE BY MOUNTFORD, SECOND BY SHOMAKER, TO APPROVE AS ADEQUATE ENVIRONMENT IMPACT REPORT NO. 82-3 WITH ADDITIONAL GEOLOGIC ANALYSIS, WITH FINDINGS; APPROVE COASTAL DEVELOPMENT PERMIT NO. 89-20 WITH FINDINGS; AND APPROVE CONDITIONAL USE PERMIT NO. 89-53 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Mountford NOES: Ortega ABSENT: Leipzig, Kirkland ABSTAIN: None MOTION PASSED I PC Minutes - 11/7/89 -26- (4097d) FINDINGS FOR APPROVAL - EIR NO, 82-3: 1. No subsequent changes are proposed in the project which will require important revisions in EIR No. 82-3. 2. No substantial changes have occurred with respect to the circumstance under which the project is undertaken which would have required important revisions in EIR No. 82-3. 3. No new information of substantial importance to the project has become available. 4. The approved geologic analysis addresses specific seismic concerns. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-36: 1. The granting of Conditional Use Permit No. 89-36 for the construction of 36 residential condominiums in lieu of 42 residential condominiums will implement the General Plan of the City of Huntington Beach and the Huntington Harbour Bay Club Specific Plan. 2. The location, site layout, and design of the structures on the 36 unit residential condominium project will properly adapt them to streets, driveways, and other adjacent structures and uses in a harmonious manner, because final design of each rennovated or reconstructed building will be subject to Design Review Board approval. 3. The access to and parking for the proposed 36 unit residential condominium project does not create an undue parking problem because all required parking spaces will be provided on -site with 15 excess on -site parking spaces. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 89-20: 1. The proposed 36 unit residential condominium project conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 89-20 is consistent with the CZ (Coastal Zone) suffix, the Downtown Specific Plan, and provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 36 unit residential condominium project will be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. PC Minutes - 11/7/89 -27- (4097d) 4. The proposed 36 unit residential condominium project conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act of 1976. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 89-53: 1. The granting of Conditional Exception (Variance) No. 89-53 for four stories in lieu of one story will not be detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood because views will not be blocked. 2. The granting of Conditional Exception (Variance) No. 89-53 of the Huntington Harbour Bay Club Specific Plan will not defeat the general purposes or intent of the code which is to restrict the maximum height to 45 feet. 3. The establishment, maintenance and operation of the proposed 36 unit residential condominium project will not be detrimental to property values of surrounding structures or the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 4. The granting of Conditional Exception (Variance) No. 89-53 for four stories in lieu of 3 stories will not adversely affect the General Plan of the City of Huntington Beach because the structures will still conform to the overall maximum height of 45 feet. 5. The applicant is willing and able to carry out the purposes for which Conditional Exception (Variance) No. 89-53 is sought and will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL: 1. The site plan and floor plans dated received October 29, 1989, shall be the conceptually approved layout. 2. The elevations dated received October 29, 1989, shall be the conceptually approved elevations with the following modifications: a. The Design Review Board shall review and approve the following: (1) Architectural treatment on all building walls. (2) Material for exposed railings within the project. (3) Perimeter fencing plans. PC Minutes - 11/7/89 -28- (4097d) 1 3. Prior to submittal for,building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. 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 propefly screened by landscaping or other method as approved by the Community Development Director. c. 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. d. 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. e. 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). f. Elevations shall depict colors and building materials proposed. g. 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. h. 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. PC Minutes - 11/7/89 -29- (4097d) 4. i. 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. j. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised 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. (1) The landscape plan depicts installation and maintenance of the area at the terminus of Edgewater Lane and the parkway area along Edgewater Lane adjacent to the Bay Club site. (2) The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code and Huntington Harbour Bay Club Specific Plan. 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. 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. PC Minutes - 11/7/89 -30- (4097d) 1 e. All applicable Public Works fees shall be paid. f. An Affordable Housing Agreement Plan to provide affordable housing within the Coastal Zone shall be submitted for review and approval by the Community Development Department. The plan shall provide for minimum 20 percent of the housing units (7 units) either on -site, or the equivalent number off -site within three miles of the coastal zone, for persons or low or moderate income households as per the provisions of Government Code Section 65590(d). g. 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. h. Submit copy of completed FEMA Elevation Certificate. 5. Fire Department Requirements are as follows: a. Provide automatic fire sprinkler system throughout all buildings. b. All levels shall have combination standpipe connections. c. All roadways shall be designated fire lanes with no parking. d. Provide fire hydrants on -site and on Warner pursuant to Fire Department requirements. e. Provide emergency access gates along Warner and at Edgewater. f. Marina standpipe systems shall be upgraded to comply with current fire code requirements. g. Every floor shall be accessed by an elevator with the minimum interior dimensions: 6'8" wide - 4'3" deep with a 42" door. h. Each building shall have separate fire protection and life safety systems with separate addresses. 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 - 11/7/89 -31- (4097d) 0 8. 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; y; 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. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. Relocation of banquet parking area to west side of site adjacent to Sceptre Lane. b. The applicant shall restripe the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Dedicate public access along 10-foot bulkhead walkway adjacent to marina. e. Compliance with all conditions of approval specified herein shall be accomplished. 11. All diking, dredging and filling shall be performed in conformance with the Coastal Act (Section 30233). 12. A copy of the CC&Rs shall be submitted to the Department of Community Development and reviewed by the City Attorney's office as to form and content. It shall include a clause prohibiting persons from living aboard any boat docket or moored at the facility. It shall also include a provision which prohibits vehicular access to Edgewater Lane to all but emergency vehicles. PC Minutes - 11/7/89 -32- (4097d) 13. Parking lot shall remain open during daytime hours so that the public may have access to the walkway/beach. 14. The applicant shall be responsible for all striping, signing, decking and red curb on Warner Avenue. 15. Warner Avenue shall be improved to Public Works Standards. 16. No parking shall be allowed on private 24-foot wide roadway. 17. The applicant shall construct all required storm drain facilities within his project limits and dedicate easements for the master -planned facility. 18. The project shall be phased so that the club facilities shall have sufficient parking during the construction of the residential portion. As an alternative, the club portion may be closed during the construction of the residential units, in order to assure that sufficient parking is made available during the construction of the project. 19. Conditional Use Permit No. 89-36, Coastal Development Permit No. 89-20 and Conditional Exception (Variance) No. 89-53 shall become null and void unless exercised within two (2) years 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. 20. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 21. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. C-10 CODE AMENDMENT NO 89-10 (CONTINUED FROM NOVEMBER 7. 1989 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: City-wide Code Amendment No. 89-10 is a request by Community Development Department to amend, update, and renumber Article 972, Environmental Regulations. PC Minutes - 11/7/89 -33- (4097d) ENVIRONMENTAL STATU This project is covered by Negative Declaration No. 89-24 which was adopted by the Planning Commission on September 6, 1989, and the City Council on October 16, 1989. STAFF RECOMMENDATION: Approve Code Amendment No. 89-10 with findings and forward to the City Council for adoption. Due to the length of the agenda a continuance was suggested by the Commission. A MOTION WAS MADE BY WILLIAMS, SECOND BY ORTEGA, TO CONTINUE CODE AMENDMENT NO. 89-10 TO THE NOVEMBER 21, 1989 PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED C-11 CONDITIONAL USE PERMIT NO. 89-45 WITH SPECIAL PERMITS/ TENTATIVE TRACT NO. 14160/NEGATIVE DECLARATION NO. 89-33 APPLICANT: BEACH FRONT DEVELOPMENT LOCATION: West side of Chapel Lane at elbow with Modale Drive. The proposed 25-unit townhome project is located on the west side of Chapel Lane approximately 1,060 feet south of Ellis Avenue and at the point where Chapel Lane has a right angle turn into Modale Drive. The site is zoned R3 (Medium High Density Residential), but has an inconsistent general plan designation of Medium Density. As a result, the density of the site is limited to Medium Density (15 units per acre). Surrounding projects, though zoned R3, have been built out at this lower density as well. The applicant is developing to the Planned Development (PD) standards, under which the allowable density for the site is 25 units. The request includes nine (9) special permit requests pursuant to Article 915 of the Huntington Beach Ordinance Code. The special permit requests are as follows: 1. To reduce the front yard setback from 10 feet to 5 feet for two 12-foot sections of 6 foot high decorative masonry wall (Section 9150.7). PC Minutes - 11/7/89 -34- (4097d) 1 2. To reduce the building separation side to side from 20 feet to 10 feet (Section 9150.11.d). 3. To reduce distance between an unenclosed parking area and a dwelling unit from 15 feet to 5 feet (Section 9150.10.h). 4. To reduce distance between vehicular accessway and dwelling unit from 15 feet to 5 feet (Section 9150.10.i). 5. To reduce the percentage of garages required to have a greater setback of 20 feet from 50 percent (13 units) to 40 percent of total (10 units) (Section 9150.10.k). 6. To permit dwelling units to be all three-story or two-story in height in lieu of providing for one-third of units in each building to be one-story lower in height (Section 9150.12.c). 7. To permit private patios and decks to count for 65 percent of the total open space requirement in lieu of maximum 50 percent requirement (Section 9150.13.g). 8. To reduce the minimum dimension of the main recreation area from 50 feet to 39 feet (Section 9150.14.b). 9. To reduce entrance accessway from two 12-foot lanes in each direction to two lanes ingress and one lane egress (Section 9150.16.a). ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 89-33 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No.-89-33, Tentative Tract No. 14160 and Conditional Use Permit No. 89-45 with special permits related to building separation, distance between parking area and dwelling, distance between accessway and dwelling, garage setbacks, height variation, common open space, dimension of main recreation area, and entrance drive aisle width, with findings and conditions of approval. COMMISSIONER SHOMAKER STATED SHE WOULD BE ABSTAINING FROM THE ITEM DUE TO ADVICE FROM THE FAIR POLITICAL PRACTICES COMMISSION SINCE HER RESIDENCE IS LOCATED WITHIN 300 FEET OF THE PROPOSED PROJECT AREA. THE PUBLIC HEARING WAS OPENED Rick Jeffrey, applicant, spoke in support of the request. He addressed the Subdivision Committee's suggestion of increasing the backyard size of 50 percent of the C units along the north PC Minutes - 11/7/89 -35- (4097d) boundary. He feels that a solid five foot landscape buffer would still be a much better alternative because of aesthetics and maintenance of the buffer. He also stated that the neighbor to the north of the development adamantly objects to a reduction in the landscape buffer between the two properties. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY WILLIAMS, SECOND BY MOUNTFORD, TO APPROVE CONDITIONAL USE PERMIT NO. 89-45 WITH SPECIAL PERMITS AS RECOMMENDED BY STAFF, TENTATIVE TRACT NO. 14160, AND NEGATIVE DECLARATION NO. 89-33, WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig, Kirkland ABSTAIN: Shomaker MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 89-45: 1. The establishment of a 25-unit condominium project will not be detrimental to the general welfare of persons residing or working in the vicinity, nor detrimental to property and improvements in the vicinity because the project is compatible with the surrounding area. 2. The proposal for a 25-unit condominium project is consistent with the goals and objectives of the City's General Plan and. Land Use Map. 3. The location, site layout, and design of the proposed 25-unit condominium complex properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner as modified by special permits. 4. The access to and parking for the proposed 25 unit condominium complex does not create an undue traffic problem. 5. The planned residential development for 25 units conforms to the provisions contained in Article 915. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits for deviations to the requirements of Article 915 of the Huntington Beach Ordinance Code promote a better living environment and provide an improved site layout and design: a. To reduce the building separation side to side from 20 feet to 10 feet. PC Minutes - 11/7/89 -36- (4097d) b. To reduce distance between an unenclosed parking area and a dwelling unit from 15 feet to 5 feet. c. To reduce distance between vehicular accessway and dwelling unit from 15 feet to 5 feet . d. To reduce the percentage of garages required to have a greater setback of 20 feet from 50 percent (13 units) to 40 percent of total (10 units). e. To permit dwelling units to be all three-story or two-story in height in lieu of providing for one-third of units in each building to be one-story lower in height. f. To permit private patios and decks to count for 65 percent of the total open space requirement in lieu of maximum 50 percent requirement. g. To reduce the minimum dimension of the main recreation area from 50 feet to 39 feet: h. To reduce entrance accessway from two 12-foot lanes in each direction to two lanes ingress and one lane egress. 2. The approval of the special permits will not be detrimental to the general health, welfare, safety and convenience of the neighborhood in general, nor detrimental or injurious to the value of property or improvements in the neighborhood because they result in a project with an improved living environment and site layout. 3. The special permit requests are consistent with the objectives of Article 915 of the Huntington Beach Ordinance Code in achieving a development adapted to the parcel and compatible with the surrounding environment. 4. The special permit requests provide for maximum use of aesthetically pleasing types of architecture, landscaping design and building layout. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO, 14160: 1. The size, depth, frontage and other design features of the proposed subdivision for 25 units are in compliance with the standard plans and specifications on file with the City as well as with the State Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for Medium Density Residential development at the time the General Plan designation was placed on the site, and will accommodate the development of 25 condominiums. PC Minutes - 11/7/89 -37- (4097d) 3. The General Plan has set forth provisions for this type of land use as well as objectives for the implementation of this type of housing. 4. The site is physically suitable for the proposed density of 15 units per gross acre. 5. The tentative tract map is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 89-45: 1. The site plan, floor plans and elevations received and dated October 23, 1989 and October 25, 1989, shall be the conceptually approved layout, subject to the following modifications: a. The portion of the patio walls for the "A" units which encroach into the 10 foot front setback shall be a maximum of 42 inches tall. b. Floor plan square footages shall be corrected for each plan to be consistent with Sheet 1 "Unit Data". c. Back door shown on floor plan for Unit "A" shall be eliminated, consistent with elevations. d. The east elevation of the "D" unit building (shown as Exterior Elevation 6) shall be redesigned with additional building materials, contrasts or articulation to create a more pleasing design, subject to review and approval by the Design Review Board. e. Trash enclosure locations shall be reviewed and approved by Rainbow Disposal and Department of Community Development, unless the disposal company agrees to individual collection service to each unit. f. Modify plan to include an additional parking space adjacent to Unit D and the recreation center if it can be designed to be aesthetically pleasing and without negative impact to Unit D. Modification shall be subject to review and approval by the Director of Community Development. g. Pursuant to building division requirements, the third floor of the "D" unit shall be provided with a second exit, or be reduced to no greater than 500 square feet. Minimum private open space area of 250 square feet per unit shall be maintained. PC Minutes - 11/7/89 -38- (4097d) 2. Prior to issuance of building permits, the applicant shall submit the following: a. 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 915 of the Huntington Beach ordinance Code. In addition, intensified landscaping shall be provided between the dwelling units and the private street to provide visual relief. The landscape plans must be approved by both departments prior to issuance of building permits. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of any rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. c. Elevations shall depict colors and building materials proposed. d. The site plan or reference page shall include all conditions of approval imposed on the project printed verbatim. e. All applicable Public Works fees shall be paid. 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. A grading plan shall be submitted to and approved by the Department of Public Works. h. Complete detail of security gate configuration shall be submitted for review and approval by Departments of Public Works, Fire and Community Development. i. All utility apparatuses such as, but not limited to, backflow devices and Edison transformers, shall be depicted on the site plan, and shall not be located in the front yard setback, where feasible. All such equipment shall be screened with landscaping or in another manner approved by Community Development Department. PC Minutes - 11/7/89 -39- (4097d) 3. j. Final Tract Map No. 14160 shall be accepted by the City Council. It shall be recorded with the County Recorder's Office prior to Certificate of Occupancy or final inspection of first unit. k. Applicant shall submit a copy of revised plans for review and approval pursuant to Condition No. 1 for inclusion in entitlement file. 1. Floor plans shall depict natural gas outlets at the locations of cooking facilities, water heaters, and central heating units, low -volume heads on all spigots and water faucets, and natural gas and 220V electrical outlets at the location of clothes dryers. M. 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. n. A lighting plan which includes high-pressure sodium vapor lamps or metal halide for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. Fire Department Requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: Water flow, valve tamper and trouble detection 24-hour supervision Smoke detectors throughout Annunciation throughout Audible alarms throughout Graphic display c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code standards. d. Three fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. PC Minutes - 11/7/89 -40- (4097d) I� e. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. f. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. g. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: The number for the building will be a minimum of ten (10) inches with a brush stroke or one and one-half (1-1/2) inches. Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. h. Submit a fire protection plan to the Fire Department for approval containing requirements of Fire Department Specification No. 426. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. Landscaping shall comply with Articles 915 and 960 of the Huntington Beach Ordinance Code and shall be installed prior to final inspection. 6. No outside storage of recreational vehicles or boats shall be permitted. 7. All building spoils, such as unusable lumber, wire, pipe and other surplus or unusable materials, shall be disposed of at an off -site facility equipped to handle them. 8. Should a Traffic Impact Fee be adopted by the City Council, the applicant/owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 9. Should park and recreation fees be raised prior to issuance of building permits, applicant shall be responsible for higher fees. 10. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 11. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 12. Low volume heads shall be used on all showers. PC Minutes - 11/7/89 -41- (4097d) 13. During cleaning, grading, earth moving or excavation, the applicant shall: a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures. b. Maintain equipment engines in proper tune. 14. During construction, the applicant shall: a. Use water trucks or sprinkler systems to keep all areas where vehicles move 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. Phase and schedule construction activities to avoid high ozone days (first stage smog alerts), e. Discontinue construction during second stage smog alerts. 15. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 16. Prior to initiation of construction, police and fire departments shall be notified and the departments shall be kept informed about duration and extent of construction throughout the process. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP N0, 14160: 1. The tentative tract map received and dated October 23, 1989, shall be the approved plan, subject to the following modifications: a. Cross sections of all public and private streets shall be shown. Private street width shall be a minimum 24 feet wide not including width of curb and gutter. No parking shall be allowed on private streets. b. Front setback dimensions for patio walls shall be made consistent with site plan dated October 28, 1989. 2. CC&Rs shall be submitted to and approved by the City Attorney and the Department of Community Development at least 60 days prior to recordation of the final tract map, in accordance with Article 915 of the Huntington Beach Ordinance Code. CC&Rs shall reflect the common driveway access easements, and maintenance of all common landscape areas, project amenities and walls. PC Minutes - 11/7/89 -42- (4097d) 3. Full public works improvements are required to the centerline of Chapel Lane. 4. Water system shall be located in vehicular travelways and dedicated to the City. The developer/homeowner's association shall be responsible for repairing any enhanced pavement, if the water facilities need to be maintained or repaired. 5. Water system shall be looped. No dead ends shall be allowed. 6. Developer shall be responsible for the payment of any additional fees adopted in the Water Division Financial Master Plan. 7. The on -site sewer and water system shall be shown on a City approved utility plan. 8. The on -site sewer mains shall be private. 9. Hydrology and hydraulic calculations shall be submitted per the latest edition of the Orange County E.M.A. Manual and City requirements. 10. A soils report and grading plan shall be submitted for Public Works approval. D. NON-PUBLIC HEARING ITEMS D-1 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO, 86-2 APPLICANTS: EVELYNE R. SHABO AND ROBERT ZWEIBEL LOCATION: South of Talbert Avenue, west of Beach Boulevard on Happy Drive Conditional Use Permit No. 86-2 was first approved by the City Council on October 6, 1986, to allow the construction of an 89-unit planned residential development for senior citizens. It was conditioned to become effective on November 23, 1986, the effective date of an accompanying zone change, and valid for two years. The Planning Commission granted an extension of time to November 1, 1989. During the past year the property has been the subject of litigation. The court ordered an auction sale of the property on October 13, 1989, and the property owners requested an extension of the conditional use permit to allow the new buyer to proceed with the project. This item was continued to a closed session on October 17, 1989, to discuss the litigation and need for an extension. PC Minutes - 11/7/89 -43- (4097d) STAFF RECOMMENDATION: Approve a 90-day extension of time until January 30, 1990, for Conditional Use Permit No. 86-2 with all previous conditions of approval applicable. A MOTION WAS MADE BY MOUNTFORD, SECOND BY WILLIAMS, TO APPROVE A NINETY DAY EXTENSION OF TIME UNTIL JANUARY 30, 1990, FOR CONDITIONAL USE PERMIT NO. 86-2, WITH ALL PREVIOUS CONDITIONS OF APPROVAL APPLICABLE, WITH THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig, Kirkland ABSTAIN: None MOTION PASSED D-2 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 88-26 APPLICANT: ARTHUR AND NONA NELLES LOCATION: 8311 Rolf Circle The applicant has requested a nine -month extension of time for Conditional Use Permit No. 88-26, which was approved by the Planning Commission on October 4, 1988. The approved request was for the construction of a 650 square foot second unit addition ("Granny Unit") to an existing single family dwelling. Personal illness (a stroke) has limited the applicant's ability to finish the plans for the addition in order to submit them to plan check for final approval and construction. STAFF RECOMMENDATION: Approve a nine -month extension of time for Conditional Use Permit No. 88-26 (to July 4, 1990) with all previous conditions of approval to remain in effect. A MOTION WAS MADE BY ORTEGA, SECOND BY SHOMAKER, TO APPROVE A NINE -MONTH EXTENSION OF TIME UNTIL JULY 4, 1990, FOR CONDITIONAL USE PERMIT NO. 88-26, WITH ALL PREVIOUS CONDITIONS OF APPROVAL APPLICABLE, WITH THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Ortega NOES: None ABSENT: Leipzig, Kirkland, Mountford (Out of Room) ABSTAIN: None MOTION PASSED PC Minutes - 11/7/89 -44- (4097d) D-3 FHP FLU IMMUNIZATION CLINIC APPLICANT: FHP, Inc. LOCATION: 19066 Magnolia Street (southeast corner Magnolia Street and Garfield Avenue) FHP, Inc. is requesting permission to conduct its annual clinic on Saturday, November 11, 1989, from 10:00 AM to 3:00 PM. In previous years, the Planning Commission has approved this event at a regular meeting without public hearing. FHP has indicated to staff that flu shots will be administered inside the Medical Center building. Patients have been scheduled in 15 minute increments, with each patient staying for approximately 15 to 25 minutes. Approximately 150 patients per hour can be seen for flu shots. At the August 15, 1989 Planning Commission meeting, the Commission re -affirmed Conditional Use Permit No. 87-5 to operate the Senior Medical Center with modified conditions of approval. The conditions were intended to reduce parking impacts at the shopping center. Amended condition of approval No. 3 states, "the maximum number of scheduled and non-scheduled patient appointments (includes specialities, etc.) shall not exceed 260 per day Monday through Friday and not exceed 150 per day Saturday and Sunday. Any changes to this condition shall be subject to review by the Planning Commission and their determination of whether or not a conditional use permit would be required". STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the request, with the provision that FHP reimburse the City to hire an independent monitor. The monitor should be on site from 9:30 AM to 3:30 PM, and report back to the Planning Commission for future reference. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE NOVEMBER 11, 1989 FLU SHOT CLINIC, WITH CONDITIONS, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega NOES: None ABSENT: Leipzig, Mountford (Out of Room) ABSTAIN: None MOTION PASSED CONDITIONS OF APPROVAL: 1. FHP shall reimburse the City to hire an independent monitor to be on site from 9:30 AM to 3:30 PM and to report back to the Planning Commission for future reference. Forty (40) parking spaces shall be allocated for the immunization clinic. FHP, Inc. shall notify the Community Development Department at least six weeks in advance of any future planned "special events". PC Minutes - 11/7/89 -45- (4097d) D-4 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 87-42 APPLICANT: DEBORAH DEE DY, D. T. RITZ RESOURCES, INC. LOCATION: 17251 Beach Boulevard (south of Warner Avenue) STAFF RECOMMENDATION: Conditional Use Permit No. 87-42, a request to construct a 66-unit motel, was originally approved by the Planning Commission on November 3, 1987. The project's entitlement was set to expire on November 13, 1988. Prior to the expiration of the conditional use permit, the Planning Commission approved an extension of time until May 13, 1989. The applicant also received an extension of time on the project's plan check until November 13, 1989. In order for the motel project to go forward, the applicant is seeking a 90-day extension of time to comply with the corrections required by the plan check process. Approve a 90-day extension of time until February 12, 1990, for Conditional Use Permit No. 87-42 with all previous conditions of approval applicable. A MOTION WAS MADE BY SHOMAKER, SECOND BY WILLIAMS, TO APPROVE A NINETY -DAY EXTENSION OF TIME UNTIL FEBRUARY 12, 1990, FOR CONDITIONAL USE PERMIT NO. 87-42, WITH ALL PREVIOUS CONDITIONS OF APPROVAL APPLICABLE, WITH THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig, Kirkland ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES Staff was requested to follow-up with a status report on the flooding problems at the northwest corner of Palm and Seventeenth. G. PLANNING COMMISSION ITEMS None PC Minutes - 11/7/89 -46- (4097d) 1 n 1 H. COMMUNITY DEVELOPMENT ITEMS H-1 FUTURE LINEAR PARK CAC MEETING DATES No action taken. I. ADJOURNMENT A MOTION WAS MADE AT 12:55 AM BY WILLIAMS, SECOND BY ORTEGA, TO ADJOURN TO A 5:30 STUDY SESSION ON PARKING AND LANDSCAPING REQUIREMENTS, TUESDAY, NOVEMBER 21, 1989, THEN TO THE NEXT REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig, Kirkland ABSTAIN: None MOTION PASSED /kla APPROVED BY: LW1 Mike Ad , Secretary PC Minutes - 11/7/89 -47- (4097d)