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HomeMy WebLinkAbout1989-12-19APPROVED 1/9/90 MINUTES HUNTINGTON BEACH.PLANNING COMMISSION DECEMBER 19, 1989 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Shomaker, Kirkland, Williams, Bourguignon, Ortega, P P Mountford, Leipzig A. CONSENT CALENDAR None B. ORAL COMMUNICATIONS B-1 PLANNING COMMISSION SUB -COMMITTEE REPORTS The following sub -committee reports were presented: Commissioner Kirkland - reported action taken by the Design Review Board at the December 14, 1989 meeting. Commissioner Ortega - reported action taken by the Subdivision Committee at the December 13, 1989 meeting. Chairman Bourguignon - reported the selection of Commissioners Ortega and Kirkland for candidates for Planning Commission Chairman by the nomination committee. C. PUBLIC HEARING ITEMS C-1 CODE AMENDMENT NO, 88-12/NEGATIVE DECLARATION NO. 89-8 (CONTINUED FROM DECEMBER 5, 1989 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach LOCATION: City-wide At the November 21, 1989 Study Session, the Commission discussed revisions to Article 960 - Parking and Landscaping. The Planning Commission directed staff to return on December 5, 1989, and discuss the staff recommendation in areas of disagreement with the Commission. Staff presented illustrations to depict how the specific dimensions in the Code relate to the practical application in the field. This item was continued to December 19, 1989, to allow completion of the discussion of areas of disagreement. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-8 and Code Amendment No. 88-12, as modified, with findings and forward to the City Council for adoption. After discussions in the study session, another continuance was suggested so staff could prepare a legislative draft with amendments. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO CONTINUE CODE AMENDMENT NO. 88-12 AND NEGATIVE DECLARATION NO. 89-8 TO THE JANUARY 9, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-2 TENTATIVE PARCEL MAP NO, 89-426/CONDITIONAL EXCEPTION (VARIANCE) N0. 89-62/NEGATIVE DECLARATION NO. 89-58 APPLICANT: JOHN DE LEONARDI LOCATION: 7792 Glencoe Tentative Parcel Map No. 89-426, Conditional Exception (Variance) No. 89-62 and Negative Declaration No. 89-58 is a request to legally establish Parcel 5 of Lot 3, Block B, Tract 522 pursuant to Article 990 (Subdivision) of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 89-62 has been initiated 1 PC Minutes - 12/19/89 -2- (4419d) r L because the proposal does not comply with the Huntington Beach Ordinance Code, Article 912 (Medium Density Residential) Section 9120.2 which specifies that the minimum lot width for interior lots is 60 feet. The applicant is requesting a minimum lot width of 57.5 feet. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 89-58 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-58, Tentative Parcel Map No. 89-426, and Conditional Exception (Variance) No. 89-62 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. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE TENTATIVE PARCEL MAP NO. 89-426, CONDITIOAL EXCEPTION (VARIANCE) NO. 89-62 AND NEGATIVE DECLARATION NO. 89-58, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING: AYES: Shomaker, Mountford, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Kirkland, Williams, Bourguignon, Ortega, Leipzig FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 89-426: 1. The request to legally establish Parcel 5 of Lot 3, Block B, Tract 522 for purposes of residential use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium density residential was placed on the subject property. PC Minutes - 12/19/89 -3- (4419d) 4. The size, depth, frontage, street width and other design and improvement features of the proposed establishment of the subject property are proposed to be constructed in compliance with standards, plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 89-62: 1. Granting of the conditional exception (variance) for a 57.5 foot wide lot in lieu of the minimum required 60 feet will not be detrimental to the health, safety, or welfare of residents of neighboring properties or injurious to improvement of property in the vicinity. The 57.5 foot lot width is adequate to properly develop the site and provide the necessary access. 2. Granting of the conditional exception (variance) for a 57.5 foot wide lot in lieu of the minimum required 60 feet will not adversely affect the General Plan of the City of Huntington Beach. 3. Granting of the conditional exception (variance) for a 57.5 foot wide lot in lieu of the minimum required 60 feet does not constitute a grant of special privilege from other properties in the vicinity. Precedent has been set within the area allowing reduction of lot width for newly created parcels of land. 4. Because of special circumstances applicable to the subject property, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications. CONDITIONS OF APPROVAL: 1. The Tentative Parcel Map received by the Department of Community Development on November 17, 1989, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works prior to issuance of any building permits, and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed. 4. Sewage disposal sha-11 be through the City of Huntington Beach's sewage system at the time said parcel is developed. PC Minutes - 12/19/89 -4- (4419d) I 1 5. All utilities shall be installed underground at the time said parcel is developed. 6. The tentative parcel map shall comply with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Community Development. 8. All Public Works improvements shall be constructed to City standards. 9. Drainage flow/direction shall be approved by the Department of Public Works. 10. 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. 11. 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. C-3 SPECIAL SIGN PERMIT N0, 89-4 APPLICANT: JOHN HOWENSTINE LOCATION: 19300-19320 Beach Boulevard Special Sign Permit No. 89-4 is a request to allow two monument signs to be constructed on the Beach Boulevard frontage of the Autoplex site rather than the single monument sign which would be permitted by Code. Section 9610.5(b) of the Huntington Beach Ordinance Code specifies that parcels with less than 400 feet of frontage qualify for one sign only. The subject parcel has 201 feet of frontage along Beach Boulevard. The applicant is in the process of completing a planned sign program for the site, but must first obtain Planning Commission approval for the special sign permit request. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15311, Class 11, of the California Environmental Quality Act. PC Minutes - 12/19/89 -5- (4419d) STAFF RECOMMENDATION: Approve Special Sign Permit No. 89-4 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Carl Middleton, property owner, spoke in support of the request. He said they have been criticized for not being flexible however they like a tight planned sign program. He expressed concern regarding the Design Review Board's approval of his proposed signs since the minutes did not reflect their approval. He said that he was surprised that the directory sign was being eliminated since it was staff's recommendation and urged -approval of the directory sign for visibility and for approval of the wall sign on the west side of the building facing Beach Boulevard. He said he agrees with staff's alternative action with the addition of the wall sign on the west side. There were no other persons present to speak for or against the request and the public hearing was closed. After discussion the Commission agreed to approve the special sign request with the alternative action which would permit the two tenant panels to be incorporated on the Autoplex monument sign but would eliminate the tenant directory sign as well as the wall sign on the western building face of the fast-food restaurant. A MOTION WAS MADE BY LEIPZIG, SECOND BY MOUNTFORD, TO APPROVE SPECIAL SIGN PERMIT NO. 89-4 WITH FINDINGS AND AMENDED CONDITIONS OF APPROVAL. A MOTION TO AMEND THE MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO PERMIT THE WEST FACING EL POLLO LOCO WALL SIGN, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Bourguignon NOES: Williams, Ortega, Mountford, Leipzig ABSENT: None ABSTAIN: None AMENDMENT MOTION FAILED THE VOTE WAS TAKEN ON THE ORIGINAL MOTION TO APPROVE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 12/19/89 -6- (4419d) FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT: 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant because there are two disparate uses on the site, i.e. restaurant and automotive service, which should be separately identified with adequate signage. 2. The two proposed monument signs will not adversely affect other signs in the vicinity since the total sign area of 49 square feet is no greater than that which is allowed by code. 3. The two proposed monument signs will not be detrimental to property located in the vicinity and will be compatible with the surrounding area. 4. The two proposed monument signs along Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. 5. The proposed tenant directory sign, which is conditioned to be eliminated, may prove to be a traffic hazard due to its location at the head of the driveway. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT: 1. The site plan and sign elevations received and dated November 27, 1989 shall be the approved layout with the following modifications: a. An "El Pollo Loco" attached channel letter sign shall be permitted only on the north elevation of the building, and not on the west elevation. b. The base of the "Autoplex" monument sign shall be modified such that it is a maximum of eleven feet long and three and one-half feet wide. Placement shall conform to sign code requirements. c. The address range on the base of the "Autoplex" monument sign shall be corrected. d. The tenant directory sign shall be eliminated from the Planned Sign Program. 2. The applicant shall complete the submittal for Planned Sign Program No. 89-3. As originally conditioned by the Planning Commission in conjunction with Use Permit No. 88-34, a planned sign program must be approved prior to the issuance of any sign permits. 3. The Special Sign Permit approval is limited to the specific request and does not encompass approval for other signs included on the plans, such as restaurant menu signage, directional signs or wall signs. PC Minutes - 12/19/89 -7- (4419d) 4. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. C-4 CONDITIONAL USE PERMIT NO 89-63/TENTATIVE PARCEL MAP NO. 89-427/NEGATIVE DECLARATION NO. 89-54 APPLICANT: WLA ARCON, INC. LOCATION: Northeast corner of Talbert Avenue and Brookshire Lane. Conditional Use Permit No. 89-63 in conjunction with Negative Declaration No. 89-54 is a request to construct a 13,110 square foot Elk's Lodge on a 1.7 acre site which would be used for dinner and lunch meetings for community service groups on weekdays and for wedding receptions or private parties on weekends. Tentative Parcel Map No. 89-427 is a request to consolidate five lots into one lot to create a legal building site for the lodge. ENVIRONMENTAL_ STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 89-54 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve -Negative Declaration No. 89-54, Conditional Use Permit No. 89-63 and Tentative Parcel Map No. 89-427 with findings and conditions of approval. COMMISSIONER WILLIAMS STATED HE WOULD BE ABSTAINING FROM THE ITEM DUE TO ADVICE FROM THE FAIR POLITICAL PRACTICES COMMISSION SINCE THE APPLICANT IS HIS LANDLORD. THE PUBLIC HEARING WAS OPENED Bob Cooley, Secretary of the Elk's Lodge and member of the Building Committee, spoke in support of the request. He explained to the Commission what the three rooms at the lodge would be used for. He said that upon approval of the conditional use permit a liquor license would be applied for and brought back to the Commission for approval. PC Minutes - 12/19/89 -8- (4419d) 1 Miranda Wallingford, resident to the east of the property, addressed her. concerns with the proposed use because of parking. She said the parking on Baron Circle is already a nightmare and she feels that an Elk's Lodge will present added problems. There were no other persons present to speak for or against the request and the public hearing was closed. A continuance was suggested by the City Attorney's office so that the applicant's proposal might include an alcohol license for serving to members and bona fide guests only. He said the applicant was in the process of closing escrow which would be based on the action taken by the Planning Commission. The type 52 license will be considered by the Planning Commission and will not allow for sale of alcohol to the general public or off -site consumption. The applicant concurred with the continuance. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO CONTINUE, CONDITIONAL USE PERMIT NO. 89-63, TENTATIVE PARCEL MAP NO. 89-427 AND NEGATIVE DECLARATION NO. 89-54 TO THE JANUARY 9, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: Williams MOTION PASSED C-5 CONDITIONAL USE PERMIT NO. 89-60/COASTAL DEVELOPMENT PERMIT NO. 89-37 APPLICANT: RICHARD L. ANDERSON LOCATION: 16301 Niantic Circle Conditional Use Permit No. 89-60 is a request to remodel an existing single family home and add a total of 1,036 square feet of living area (for a total of 4,902 square feet of living area). The proposed project includes the addition of a 397 square foot room on the third floor, which requires a conditional use permit pursuant to Section 9110.4(a) of the Huntington Beach Ordinance Code. The third floor addition is contained within the existing two-story roof line. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. PC Minutes - 12/19/89 -9- (4419d) COASTAL STATUS: The project is located within the appealable portion of the Coastal Zone. Section 989.9.5.3(b) of the Huntington Beach Ordinance Code requires that a coastal development permit be approved for additions to a single family home in this location when the addition constitutes an increase of more than 10 percent of the existing floor area or adds another story or loft. STAFF RECOMMENDATION: Approve Coastal Development Permit No. 89-37 and Conditional Use Permit No. 89-60 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Richard Anderson, applicant, spoke in support of the request. He said he does propose to ventilate the addition with a dormer window that will be consistent with the Uniform Building Code and would like to have the second exit requirement deleted. There were no other persons present to speak for or against the request and the public hearing was closed. A modification to the conditions was suggested that would require the site plans, floor plans and elevations to be revised to be compatible with the Uniform Building Code. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY ORTEGA, TO APPROVE CONDITIONAL USE PERMIT NO. 89-60 AND COASTAL DEVELOPMENT PERMIT NO. 89-37 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-60: 1. The location, site layout, and design of the proposed addition including third story room properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The third story is contained within the second story roofline, therefore building height is compatible with the surrounding area. PC Minutes - 12/19/89 -10- (4419d) 2. The proposed building additions will not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents due to the design and layout of the roof windows in the third story room. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 89-37: 1. The proposed addition with a third story room conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 89-37 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 single family home including the proposed additions 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. 4. The proposed addition with third story room development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated October 20, 1989, shall be revised to be compatible with the Uniform Building Code. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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. b. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. The Public Works Department requirements are as follows: a. Construct backflow device on water service. 4. Fire Department requirements are as follows: a. An automatic fire sprinkler system with minimum of 2-inch water service shall be approved and installed pursuant to Fire Department regulations because the structure including the garage exceeds 5,000 square feet. PC Minutes - 12/19/89 -11- (4419d) 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. Coastal Development Permit No. 89-37 and Conditional Use Permit No. 89-60 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. D. NON-PUBLIC HEARING ITEMS D-1 PROPOSED CODE AMENDMENT - REVISIONS TO ARTICLE 961 - SIGN CODE Staff was directed to prepare a code amendment for revisions to the Sign Code, however it was suggested that staff also petition the City Council to take necessary action for enforcement of the code. E. DISCUSSION ITEMS None u F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS G-1 PROPOSED AMENDMENT TO PLANNING COMMISSION BY-LAWS A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO AGENDIZE THE PROPOSED AMENDMENT TO PLANNING COMMISSION BY-LAWS FOR THE JANUARY 9, 1990 MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Leipzig NOES: Kirkland ABSENT: None ABSTAIN: None MOTION PASSED Williams, Bourguignon, Ortega, Mountford, PC Minutes - 12/19/89 -12- (4419d) H. COMMUNITY DEVELOPMENT ITEMS None I. ADJOURNMENT A MOTION WAS MADE AT 8:52 PM BY KIRKLAND, SECOND BY MOUNTFORD, TO ADJOURN TO THE ANNUAL STAFF/COMMISSION HOLIDAY GET-TOGETHER FOLLOWING THE MEETING AND THEN TO THE NEXT REGULARLY SCHEDULED MEETING, TUESDAY, JANUARY 9, 1990, AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kla APPROVED B < o Mike Ada s, Secre ary PC Minutes - 12/19/89 -13- (4419d)