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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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
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Mike Ada s, Secre ary
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