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HomeMy WebLinkAbout1990-02-06APPROVED 3/20/90 MINUTES HUNTINGTON BEACH PLANNING COMMISSION FEBRUARY 6, 1990 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, Mountford, Williams, Ortega, Bourguignon, P P Kirkland, Leipzig A. ORAL COMMUNICATIONS -(4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO 89-70/CONDITIONAL EXCEPTION (VARIANCE) NO 89-66/NEGATIVE DECLARATION NO. 89-64 APPLICANT: BOY'S AND GIRL'S CLUB LOCATION: West side of Delaware Street approximately 345 feet south of Yorktown Avenue Conditional Use Permit No. 89-70, Conditional Exception (Variance) No. 89-66 and Negative Declaration No. 89-64 is a request for an 18,000 square foot Boy's and Girl's Club located within the 5.8 acre McCallen Park. Conditional Exception (Variance) No. 89-66 is a request to reduce the amount of required parking by 119 spaces, from 182 spaces. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 89-64 for twenty-one (21) days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-64, Conditional Use Permit No. 89-70 and Conditional Exception (Variance) No. 89-66 with findings and conditions of approval. Jim Engle, Community Services, addressed the overall activities planned for the park (i.e. basketball, softball, frisbee, etc.). THE PUBLIC HEARING WAS OPENED Chris Snyder (sic), representing the Boy's and Girl's Club, was present to answer any questions from the Planning Commission. There were no other persons present to speak for or against the request and the public hearing was closed. The main concern of the Commission was the compatibility of the proposed Boy's and Girl's Club with the other uses in the park. They felt that the neighborhood is already experiencing parking problems and that there were too many issues encompassed in this request. The proposed Bingo Games and hours of operation were discussed. The Commission felt that the hours of the Bingo games should be limited to Saturday evenings from 6:30 PM to 10:30 PM and that there should be imposed a 6-month review of the Boy's and Girl's Club activities including Bingo operations and hours of operation, to assure that adequate parking is provided and that the various activities do not have a detrimental effect on the neighborhood. PC Minutes - 2/6/90 -2- (5044d) 1 A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO APPROVE CONDITIONAL USE PERMIT NO. 89-70, CONDITIONAL EXCEPTION (VARIANCE) NO. 89-66 AND NEGATIVE DECLARATION NO. 89-64 WITH ADDED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None 04iKfjw 1 Williams, Ortega, Kirkland, FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 89-70: 1. The location, site layout, and design of the proposed Boy's and Girl's Club 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 proposed use to another on a site are properly integrated. 3. The access to and parking for the proposed Boy's and Girl's Club does not create an undue traffic problem. 4. The proposed Boy's and Girl's Club facility is a recreational use which is consistent with the neighborhood park designation established by the Recreation Element of the General Plan. 5. The proposed Boy's and Girl's Club facility is an unclassified use and is therefore consistent with the underlying zoning. 1. There are exceptional or extraordinary circumstances or -_ conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district because the park is a mixed use facility catering to the local public. 2. The granting of a conditional exception for reduced parking is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 89-66 for reduced parking will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming land, property, or improvements in the neighborhood. PC Minutes - 2/6/90 -3- (5044d) 4. The establishment, maintenance and operation of the proposed Boy's and Girl's Club will not be detrimental to the general welfare of persons residing or working in the vicinity. 5. The granting of Conditional Exception (Variance) No. 89-66 for reduced parking will not adversely affect the General Plan of the City of Huntington Beach. 6. The requested variance will provide for maximum use - of aesthetically pleasing types of architecture, building layout and park design. CONDITIONS OF APPROVAL: 1. The site plan,, --floor plans and elevations received and dated January 18, 1990, shall be the conceptually approved layout with the following modification: a. An engineer shall plot the location of any fault traces discovered as a result of the geologic study on the site plan. 2. 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 properly 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. Elevations shall depict colors and building materials proposed. PC Minutes - 2/6/90 -4- (5044d) FJ 11 f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. g. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. The Design Review Board shall review and approve the following: (a) Signage, color palate, and materials used for the canopy. i. Any areas within the Alquist-Priolo region which were not investigated for evidence of faulting in the preliminary geotechnical investigation must be investigated prior to issuance of any permits. Evidence of faulting will require the entire project to be re -reviewed by the Planning Commission. The completed geotechnical report, including recommendations for the acceleration to be used for designing the structures on the site, or a statement that the adopted Uniform Building Code is adequate for the seismic design of the structures on the site, shall be submitted to the Public Works Department. The Public Works Department will obtain an independent analysis of the completed geologic report. The cost of this analysis will be paid by the applicant. When the report has been amended to the satisfaction of the Public Works Department, the City will file the report with the State Geologist. Construction drawings along with calculations and the approved geologic report shall be submitted to the Department of Community Department to complete the permit plan review. j. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. k. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 2/6/90 -5- (5044d) 3. Prior to issuance of building permits, the•applicant/owner shall complete the following: a. Submit copy of -the: site -plan, -floor -plans and elevations pursuant to Condition No. 1 for review and approval and-inclusi,pn. 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--irrrigation plan, a grading. -plan,' -.an approved site plan, and a copy of the entitlement conditions of approval..,. The,Jandscape plans. -shall 'be,,.incconformance with Section 9608.of.the_H_untington:•Beach.Ordinance-Code. The set --must ;be,.approved by= both•'departments._prior to -issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch.box:trees, which shall be incorporated -into the project's landscape plan. c. A grading..plan shall be submitted,to,--the-Department of Public Works.for, review andAt must.be•-approved (by issuance of a grading permit). A plan for silt control for all water runoff from -the property .during consttuction ='and Initial operation of the.projsct•may be required if deemed necessary by the Director of Public Works. d: All applicable Public Works fees shall be-paid.- e. A parcel map consolidating Assessor's Parcel Nos. 025-071-06-,` _07, -14; 15,"16, `40, 4"C ` 427 °41°aiiT" 45- shall be submitted. Said map shall be recorded prior to final inspection and a copy submitted.to the -Department of Community Development.,—. .- f. Final Tract Map shall be accepted by the -City -Council, 'recorded with the Orange County Recorder and a copy filed with the Department of Community Development. g. Perimeter _fencing plans -for -review -and--approval- which depict decorative.materials.-. 4. The Public Works.Department requirements -::are .aa-follows: a. Driveway approaches shall be -a minimum of twenty-seven feet (27') in width and shall be.of.radius-type construction. PC Minutes - 2/6/90 -6- (5044d) 5. Fire Department Requirements are as follows: a. Automatic sprinker 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 Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: manual pulls; water flow, valve tamper and trouble detection; 24 hour supervision; smoke detectors C. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. 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. e. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. f. 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 sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. g. Dimensions for Fire Access includes 24 foot or 27 foot fire lanes, turnarounds and 17 feet by 45 feet radius turns. h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. i. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 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. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. PC Minutes - 2/6/90 -7- (5044d) 9. There shall -be no outside storage of equipment or- trailers. 10. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all -'areas where vehicles travel�to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work --is completed for the day; C. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 11. Construction shall be limited to Monday -_ Saturday ,7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to final building permit,approval or issuance of a Certificate of Occupancy, the following:shall be completed: a. The applicant shall obtain the -necessary_ permits from the South Coast Air.Quality Management -,District -and -submit a copy to Community Development Department.. b. All signs shall comply with the Huntington -Beach -Ordinance Code. (Article 961), C. The applicant shall stripe the parking -lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. d. All improvements (including landscaping) to the property shall be completed in accordance with.the-approved plans and conditions of approval specified herein. e. Compliance with all conditions --of approval specified herein shall be accomplished. 13. Should any fault traces be found within 50 feet of the structure as a result of the geologic study, --the project -shall -return to Planning Commission for their review and approval. 14. Hours of operation for Bingo games shall be limited -to Saturday evenings from 6:30 PM to 10:30 PM. PC Minutes - 2/6/90 -8- (5044d) 15. The City shall conduct a 6-month review of the Boy's and Girl's Club activities including Bingo operations and hours of operation, to assure that adequate parking is provided and that the various activities do not have a detrimental effect on the neighborhood. 16. Hours of operation for the Boy's and Girl's Club shall be 1:00 PM to 7:00 PM during school months and 8:00 AM to 5:30 PM in the summer. 17. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 18. Conditional Use Permit No. 89-70 and Conditional Exception (Variance) No. 89-66 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. B-2 CONDITIONAL USE PERMIT NO 89-58/COASTAL DEVELOPMENT PERMIT NO 89-33 APPLICANT: HUNTINGTON BEACH BY THE SEA LOCATION: 1300 Pacific Coast Highway Conditional Use Permit No. 89-58 is a request for a four -unit condominium project located on a 50 foot lot on the corner of Pacific Coast Highway and Thirteenth Street. The request includes four special permits for 1) minimum dimension of common open space, 2) elimination of ground floor private open space, 3) site coverage and 4) upper story setback. Tentative Parcel Map No. 89-228 was approved for this project on June 7, 1989. This project is a mirror image of Conditional Use Permit No. 89-59 (being processed concurrently) which is located on the same block but which fronts Pacific Coast Highway and Fourteenth Street. The project features four three -bedroom, three-story units (two floors of living area), constructed over enclosed two -car garages. The garages are accessed via a 12-foot drive located along the interior side of the property. Two open guest parking spaces are provided at the rear of the project, outside a proposed entry gate. A 25 foot landscape setback is provided at the front of the property along Pacific Coast Highway. Although the units are constructed in townhome configuration, rather than stacked flats, they do not have any habitable ground floor area, PC Minutes - 2/6/90 -9- (5044d) and hence, cannot provide ground floor-pr-ivate'open space as required by Code. Upper balconies and large roof decks thereby provide substantial private open space for•the,project- ENVIRONMENTAL STATUS: -' This project was covered by EIR No. 82-2 pursuant to California Environmental Quality Act Guidelines, Section-15182-. The EIR is on file in the Community Development Department of•the-City of Huntington Beach. COASTAL STATUS: - The project is located within the appealable portion of the Coastal Zone. Coastal Development Permit No. 89-33 may be approved or conditionally approved only after it has been found -'to be in conformance with the Coastal Element. SPECIFIC PLAN: - This project is located within the Downtown Specific --Plan District 2. STAFF RECOMMENDATION: Approve Conditional Use Permit No.-89-58 and -Coastal -Development Permit No. 89-33 with findings and conditions of approval. SINCE ITEM B-2 AND. B-3 .ARE MIRROR: PROJECTS, PUBLIC. -COMMENTS WERE TAKEN SIMULTANEOUSLY. THE PUBLIC HEARING WAS OPENED. Ronald Saffron, applicant, spoke in support of..the,-projects and made himself available to answer any questions. There were were no other persons present to speak.for or against the projects and the public hearing was -closed., --- Commissioner Williams said he would be voting against the requests because he feels the projects will add density to the.area, eliminate open space and view corridors and will create parking -.problems. He feels the project creates.a very narrow.building because of its corner location. A MOTION WAS MADE BY MOUNTFORD, SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE PERMIT NO. 89-58 AND COASTAL DEVELOPMENT PERMIT NO. 89-33 WITH FINDINGS AND CONDITIONS OF.APPROVAL; BY THE'FOLLOWING VOTE: AYES: Shomaker, Mountford, Ortega, Kirkland, Bourguignon, Leipzig NOES: Williams ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/6/90 -10- (5044d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 89-58: 1. The location, site layout and design of the proposed project with special permits properly adapts the proposed structure to streets, driveways, and other adjacent structures and uses in a harmonious and beneficial 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 dwelling units does not create an undue traffic problem. Access for all of the units is off the alley at the rear of the property. 4. The proposed four unit condominium is not detrimental to the General Plan of the City of Huntington Beach. 5. The Design Review Board reviewed this development and determined that the project substantially conforms with the Downtown Specific Plan and Downtown Design Guidelines. 1. The proposed four unit condominium project 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. 89-33 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. 3. At the time of occupancy, the proposed four unit condominium project can be provided with infrastructure in a manner that is consistent with the Huntington Beach CoastallElement and Coastal Land Use Plan of the General Plan. Full public services are available at the subject location. 4. The proposed four unit condominium project 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 January 2, 1990, shall be the conceptually approved layout. 2. The applicant shall obtain approval of a trash pickup plan from Rainbow Disposal. PC Minutes - 2/6/90 -11- (5044d) 3. 4. 5. An offer of reciprocal vehicular access shall be -made to the adjacent property owner in order -to allow a..shared driveway from the alley to the,entrance gate on.the•project..-. -. 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,-6-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 complian6e'-,4 th.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;mater-ials proposed as approved by the Design Review Board-.. f. The site plan shall -include -(or reference page) -all conditions of approval imposed on.the:projebt-.printed verbatim. Prior to issuance of build* -permi.ts-, 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 0 PC Minutes - 2/6/90 -12- (5044d) 1 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. 6. The Public Works Department requirements are as follows: a. All applicable Public Works fees shall be paid. b. The alley shall be dedicated and improved to City standards. c. Public improvements on Pacific Coast Highway shall be constructed per City and CalTrans requirements. d. A 27 foot right-of-way radius shall be required at the corner of Pacific Coast Highway and Thirteenth Street. e. Vehicular access rights shall be dedicated to Pacific Coast Highway and Thirteenth Street. f. An 8-inch water main shall be constructed in the alley. g. Construct backflow preventers on water services. The location of the backflow preventers to be reviewed and approved by the Department of Community Development. h. Any oil wells on the site shall be reabandoned to current standards. 7. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations and Uniform Building Code Standards. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved 'by the Fire Department prior to installation. The system will provide the following: manual pulls; water flow, valve tamper and trouble detection; 24-hour supervision; annunciation; and audible alarms. c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. PC Minutes - 2/6/90 -13- (5044d) d. Security gates will be designed to comply-with'Huntington Beach Fire Department Standard No. 403. e. Address numbers will be installed to comply-with'Huntington Beach Fire Code Standards. --The size- of`•th&"numbers will be the following: 1) the number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches; 2) Individual'units"will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. f. Submit to the Fire•Department for approval,a Fire Protection Plan containing requirements of Fire Department Specification No. 426. 8. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 9. 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. 10. Installation of required landscaping and irrigation systems shall be completed prior to final.inspection. 11. All grill work or handrails shall be constructed -of anti -corrosive materials. " 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited,Sundays and Federal holidays. 13. 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. 14. Should a Traffic Impact Fee be adopted by the City Council, the applicant/owner shall be responsible for payirig'6uch fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 15. Should park and recreation fees be raised.prior to issuance of building permits, applicant shall be responsible for higher fees. PC Minutes - 2/6/90 -14- (5044d) 16. Conditional Use Permit No. 89-58 and Coastal Development Permit No. 89-33 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. B-3 CONDITIONAL USE PERMIT NO, 89-59 AND COASTAL DEVELOPMENT PERMIT NO, 89-34 APPLICANT: HUNTINGTON BEACH BY THE SEA LOCATION: 1390 Pacific Coast Highway Conditional Use Permit No. 89-59 is a request for a four -unit condominium project located on a 50 foot lot on the corner of Pacific Coast Highway and Fourteenth Street. The request includes four special permits for 1) minimum dimension of common open space, 2) elimination of ground floor private open space, 3) site coverage and 4) upper story setback. Tentative Parcel Map No. 89-229 was approved for this project on June 7, 1989. This project is a mirror image of Conditional Use Permit No. 89-58 (being processed concurrently) which is located on the same block but which fronts Pacific Coast Highway and Thirteenth Street. The project features four three -bedroom, three-story units (two floors of living area), constructed over enclosed two -car garages. The garages are accessed via a 12-foot drive located along the interior side of the property. Two open guest parking spaces are provided at the rear of the project, outside a proposed entry gate. A 25 foot landscape setback is provided at the front of the property along 'Pacific Coast Highway. Although the units are constructed in townhome configuration, rather than stacked flats, they do not have any habitable ground floor area, and hence, cannot provide ground floor private open space as required by Code. Upper balconies and large roof decks thereby provide substantial private open space for the project. ENVIRONMENTAL STATUS: This project was covered by EIR No. 82-2 pursuant to California Environmental Quality Act Guidelines, Section 15182. The EIR is on file in the Community Development Department of the City of Huntington Beach. The project is located within the appealable portion of the Coastal Zone. Coastal Development Permit No. 89-34 may be approved or conditionally approved only after it has been found to be in conformance with the Coastal Element. PC Minutes-'2/6/90 -15- (5044d) SPECIFIC PLAN: `. This project is located within the Downtown Specific.-�P<lan District 2. SINCE ITEM B-2 AND B-3 ARE MIRROR PROJECTS, PUBLIC COMMENTS WERE TAKEN SIMULTANEOUSLY. THE PUBLIC HEARING WAS OPENED Ronald Saffron, applicant, spoke in support of the projects -and made himself available to answer any questions. There were no other persons present to speak for or against the projects and the public hearing was closed'. Commissioner Williams said he would be voting against=the requests because he feels the projects will add density to the area, eliminate open space and view corridors and will create parking -problems. He feels the project creates a very narrow building because of its corner location. - A MOTION WAS MADE BY MOUNTFORD, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 89-59 AND -COASTAL DEVELOPMENT. PERMIT NO. 89-34 WITH FINDINGS AND CONDITIONS OF APPROVAL';,BY,THE'.FOLLOWING VOTE: AYES: Shomaker, Mountford, Ortega,,Kirkland,.Bourguignon, Leipzig NOES: Williams ABSENT: None ABSTAIN: None MOTION PASSED = FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIL NO.-89-59 ._.F 1. The location, site layout and design of the'proposed-project with special.permits properly adapts the proposed structure to streets, driveways, and other adjacent structures and uses in a harmonious and beneficial 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 dwelling units does not create an undue traffic problem:- Access for -all of the units is off the alley at the rear=of the property', 4. The proposed four unit condominium is not detrimental to the General Plan of the City of Huntington=Beach. 5. The Design Review Board reviewed this development and determined that the project substantially conforms with the Downtown Specific Plan and Downtown Design Guidelines. PC Minutes - 2/6/90 -16- (5044d) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 89-34: 1. The proposed four unit condominium project 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. 89-34 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. 3. At the time of occupancy, the proposed four unit condominium project 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 four unit condominium project 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 January 2, 1990, shall be the conceptually approved layout. 2. The applicant shall obtain approval of a trash pickup plan from Rainbow Disposal. 3. An offer of reciprocal vehicular access shall be made to the adjacent property owner in order to allow a shared driveway from the alley to the entrance gate on the project. 4. 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. PC Minutes - 2/6/90 -17- (5044d) AN RM 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. 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 bya 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:sha.11,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. The Public Works Department requirements are as follows: a. All applicable Public Works fees shall be paid. b. The alley shall be dedicated and improved to City standards. PC Minutes - 2/6/90 -18- (5044d) c. Public improvements on Pacific Coast Highway shall be constructed per City and CalTrans requirements. d. A 27 foot right-of-way radius shall be required at the corner of Pacific Coast Highway and Fourteenth Street. e. Vehicular access rights shall be dedicated to Pacific Coast Highway and Fourteenth Street. f. An 8-inch water main shall be constructed in the alley. g. Construct backflow preventers on water services. The location of the backflow preventers to be reviewed and approved by the Department of Community Development. h. Any oil wells on the site shall be reabandoned to current standards. 7. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations and Uniform Building Code Standards. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: manual pulls; water flow, valve tamper and trouble detection; 24-hour supervision; annunciation; and audible alarms. C. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. e. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: 1) the number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches; 2) Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. f. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. 8. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. PC Minutes - 2/6/90 -19- (5044d) 9. 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.' 10. Installation of required landscaping and'irrigation'systems shall be completed•prior to final inspection. -' - -- 11. All grill work or handrails shall be constructed of anti -corrosive materials. 12. Construction shall be limited to Monday' -`Saturday 7:00 AM to 8:00PM. Construction shall be-prohibited_Sundays•!and Federal holidays. 13. 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•fspecified herein shall -be accomplished. 14. 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. 15. Should park and recreation fees be raised prior- issuance of building permits, applicant shall be responsible for higher fees. 16. Conditional Use Permit No. 89-59 and Coastal Development Permit No. 89-34 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 CoMmi•ssion --pursuant 'to a written request submitted to'the''Planning'Department a minimum 30 days prior to the expiration date. B-4 CONDITIONAL USE PERMIT NO 89-57/COASTAL DEVELOPMENT PERMIT N0, 89-32 APPLICANT: BILL RIDGEWAY DESIGN'-' LOCATION: 16391 Ardsley Circle'" Conditional Use Permit No. 89-57 is a request f-or=a•-remodel-and addition to an existing single family dwelling -which -Includes a gymnasium on the third floor. Article 9110.4 states that the maximum building height within the R1 zone is 25 feet and-2'stories. A maximum height of 30 feet and/or 3 stories is permitted subject to the approval of a conditional use permit. Coastal Development Permit No. 89-32 is required as the property is located within the non -categorical exclusion area of the Coastal Zone. PC Minutes - 2/6/90 -20- (5044d) The applicant has submitted a letter formally requesting that the hearing be continued to the next available Planning Commission meeting so that the proposed garage and driveway configuration can be modified to address staff's concerns. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 89-57 and Coastal Development Permit No. 89-32 to the February 20, 1990 Planning Commission meeting at the applicant's request. A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO CONTINUE CONDITIONAL USE PERMIT NO. 89-57 AND COASTAL DEVELOPMENT PERMIT NO. 89-32 TO THE FEBRUARY 20, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Ortega, Bourguignon, Kirkland, Leipzig NOES: None ABSENT: Mountford and Williams (Out of Room) ABSTAIN: None A� B-5 CONDITIONAL USE PERMIT NO. 89-29 - SIX MONTH REVIEW APPLICANT: JAMES D. MALONE LOCATION: 19047 Bushard Street Conditional Use Permit No. 89-29, to permit a restaurant and bar in an existing retail center, was approved by the Planning Commission on August 1, 1989. A conditional use permit was required for the sale of alcoholic beverages pursuant to Section 9220.1(d) and Section 9636 of the Huntington Beach Ordinance Code. The applicant has recently opened the 2,200 square foot restaurant and lounge (The Cork-n-Fork). The center abuts single family homes to the south and west. Therefore, to ensure compatibility of uses, the Planning Commission required that the restaurant/bar be brought back for review within six months of the approval date. However, a Certificate of Occupancy was only recently issued for the restaurant/bar, on January 17, 1990. Accordingly, staff is recommending that this review hearing be continued for six months in order to allow the applicant to establish his business and to demonstrate compliance with conditions of approval relating to noise, hours of operation, entertainment restrictions and signage. STAFF RECOMMENDATION: Continue the six-month review for an additional six months (to August 7, 1990). PC Minutes - 2/6/90 -21- (5044d) A MOTION WAS MADE BY LEIPZIG, SECOND.BY BOURGUIGNON,.TO-CONTINUE THE SIX-MONTH REVIEW FOR APPROVED CONDITIONAL USE.PERMIT•NO. 89-29 TO THE AUGUST 7, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Ortega, Bourguignon, Leipzig NOES: None ABSENT: Mountford, Williams and Kirkland (Out;of°Room) ABSTAIN: None MOTION PASSED B-6 CODE AMENDMENT NO 90-1/NEGATIVE DECLARATION N0. 90-1 APPLICANT: CITY OF HUNTINGTON BEACH FIRE DEPARTMENT Code Amendment No. 90-1 is a request by the Fire Department to amend Title 15, Huntington Beach Oil, including appointment of members to Subsidence Committee, change of definitions, inspections, bonds, insurance, storage limitations, screening, emergency access, production standards and other technical revisions...- On,December 19, 1989, the Planning Commission held a study session:to.,di.scuss Code Amendment No. 90-1. At that time, Acting Battalion Chief Dennis Groat discussed the proposed revisions with the Commission. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations -in effect -.at this time, the Department of Community Development posted draft"Negative Declaration No. 90-1 for ten (10) days, and one letter was -received from Mr. Roy Richardson, Chairman Environmental Board. Mr. Richardson concurs with staff's recommendation to issue a Negative Declaration for Code Amendment No. 90-1. STAFF RECOMMENDATION: Approve Negative Declaration No. 90=1 and Code Amendment No. 90-1 with findings by adoption of Resolution No. 1426 and forward to the City Council for adoption. Dennis Groat, acting Battalion Chief, presented -staff report and discussed the issues with the Planning Commission. , %: THE PLANNING COMMISSION -WAS OPENED Ray Byerley, member of the Oil Committee, spoke in support of the code amendment and urged the Commission to implement the proposed revisions as soon as possible. There were no other persons present to speak for or against the code amendment and the public hearing was closed.. PC Minutes - 2/6/90 -22- (5044d) A MOTION WAS MADE BY WILLIAMS, SECOND BY BOURGUIGNON, TO APPROVE NEGATIVE DECLARATION NO. 90-1 AND CODE AMENDMENT NO. 90-1 WITH FINDINGS BY ADOPTION OF RESOLUTION NO. 1426 AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Code Amendment No. 90-1 is necessary to promote compatibility between oil production and other land uses. 2. Code Amendment No. 90-1 enhances the health, safety and welfare of the community through better regulations of oil production. 3. Code Amendment No. 90-1 establishes regulations which can be enforced uniformly throughout the oil production zones of the community. 4. Code Amendment No. 90-1 is consistent with the adopted General Plan policies for the orderly and safe development of the community. RESOLUTION NO. 1426 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT THE PROPOSED AMENDMENTS TO THE HUNTINGTON BEACH MUNICIPAL OIL CODE WHEREAS, the Huntington Beach Municipal Oil Code is intended to guide the production of oil in a manner as to promote compatibility and harmony with other land uses in the City; and Periodic Review and revision of the Municipal Oil Code is necessary and desirable in order to adequately reflect current conditions and technologies; and The Huntington Beach Oil Committee was formed in order to develop appropriate revisions to the Huntington Beach Municipal'Oil Code; and The Planning Commission has reviewed those revisions at a public hearing held on February 6, 1990; and The proposed revisions to the Huntington Beach Municipal Oil Code were found to be appropriate and consistent with the adopted policies of the Huntington Beach General Plan. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Huntington Beach does hereby approve of the proposed Huntington Beach Municipal Oil Code Amendment and recommend adoption by the City Council. PC Minutes - 2/6/90 -23- (5044d) B-7 CODE AMENDMENT NO 90-21NEGATIVE DECLARATION NO.- 90-2 APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 90-2 is a request from the City Council to revise Article 977 to provide a process whereby hedges over 6 feet in height could be allowed within the rear and side yard setback. This code amendment was initiated in response to concerns that certain hedges planted along property lines may grow to a height and density which would restrict light and views from adjacent properties. Given that .the maximum fence height permitted on a property line is six (6) feet, the City Council -directed staff to prepare a code amendment which would create a,review,process which would allow hedges exceeding the six (6) feet maximum height restriction to be permitted subject to the approval of a Use Permit. This process affords adjacent property owners an opportunity to comment at a public hearing before the Zoning Administrator. In proposing this code amendment, staff consulted with the Fire Department, Public Works Department and Southern California Edison Company. The Fire Department does not have concerns with hedge heights but plants must be kept trimmed to allow access through the side yards from the front yard. Also, all plant material needs to be kept from growing into overhead utility lines. This code amendment provides for more flexibility within the regulations governing hedges used for privacy while still addressing the need of adjacent property owners. Throughout the City there are many areas where hedges exceeding the six (6) foot height limit exist in harmony with surrounding properties. Under this code amendment these existing hedges would be allowed to -remain without going through the Use Permit process. ENVIRONMENTAL STAT Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 90-2 for twenty-one (21) days,-and,no comments, either verbal or written were received..- The staff, in -its initial study of the project, has recommended -that a negative declaration be issued. STAFF RECOMMENDATION: Approve Code Amendment No. 90-2 and Negative -Declaration No. 90-2 with the following findings and forward to the City Council for adoption. PC Minutes - 2/6/90 -24- (5044d) THE PUBLIC HEARING WAS OPENED Tom McCown, 6972 Church Circle, said his neighbor has 105 Italian Cypress trees in his yard and that 80 percent of the roots are in his yard. He said he is having problems with termites as a result of the trees. He feels it is a copout to forgive past sins and asked that the Commission help to protect property owners rights by not allowing grandfathering. Ken Keefe, 17342 Avalon Lane, said he prefers the way the code is presently worded and urged the Commission to deny the amendment. He said he would have complained earlier about the trees but was under the impression that there was a moratorium. Roger Soto, 6072 Point Loma Drive, said a six-foot hedge is tall enough. He feels the code amendment should be denied. Edward Lieber, 6981 Garden Circle, feels that this code is being used to set one neighbor against the other. He feels the City should enforce the code if problems arise, however without just cause does not feel they should be out cutting down trees. Alden Kelley, Arborist, 1624 Mimosa Place, Fullerton, spoke in favor of deleting hedges from Article 977 of the City Code. He said to set a 6 foot height limit on perimeter hedges on private property would deny the owners their right to privacy. He also said that severe pruning stresses trees and shrubs and makes them more vulnerable to diseases and insect pests. He feels that if hedges are included in the code that it will have a needless adverse effect on the urban forest in Huntington Beach and property values will suffer in some cases. Thomas Blazey, 6872 Evening Hill Drive, said he was not aware of the proposed code amendment however he feels it is wrong to grandfather in on -going problems. Daniel Kennedy, 18092 Newmoon Lane, spoke in support of the proposed code amendment. He said he has also been accused of blocking his neighbors sunshine. Val Konovalov, 6862 Evening Hill Drive, said he was not aware of this proposed code amendment. He said nothing grows in his yard because of his neighbor's trees. He is opposed to this code amendment. Ernest Bartolo, 6142 Jasonwood Drive, feels the present code is sufficient and opposes the proposed amendment. He does not feel that people should be allowed to plant a 35 foot wall with Cypress trees because it is an imposition on other people's rights. Jerri Hesprich, 6971 Garden Circle, urged the Planning Commission to delete hedges from the present code. PC Minutes - 2/6/90 -25- (5044d) Glen Hesprich,• 6971• Garden :Circle, said-, his` home ;-backs `to •Goldenwest and his cypress trees provide a sound barrier. ,'He1`said;the-trees have been in the -yard for' 17- years- and if- 'removed-,wduld° decrease his property value,.- He -urged -the Planning -Commission to pass the ordinance. Sergio Martinez,,17442- Grass Circle, spoke in opposition to grandfathering existing hedges or landscaping into the proposed code amendment. -He-feels that pre-existing hedges over six feet in height should also go through the use permit process. There were no•other persons present to speak for or against the code amendment and the public hearing was closed. The Commission felt that the ordinance should be written to protect the rights -,of property owners.. If vegetation,has-been planted that destroys another.'s view or.blocks sunshine a review process must be followed. They felt that hedges should be included in the code and that pre-existing hedges should also go."through-the-use•permit process. A MOTION WAS MADE BY •MOUNTFORD,- SECOND .BY KIRKLANDi.,.TO.•APPROVE NEGATIVE DECLARATION NO. 90-10" BY THE =FOLLOWING: VOTE:. - AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED - A MOTION WAS MADE"BY MOUNTFORD, SECOND BY WILLIAMS, TO --APPROVE CODE AMENDMENT NO. 90-2- AS AMENDED - (TO DELETE GRANDFATHERING) , WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Shomaker;-Mountfor'd;--Williams;'Ortega, -Kirkl6hd,- Bourguignon NOES: Leipzig ABSENT: None .. ABSTAIN: None - MOTION PASSED FINDINGS FOR APPROVAL: 1. Code Amendment No. 90-2-will ensure that hedges over 6 feet in height in the rear and sideyard tdtbacksi will:'a1Tow- neighboring properties to have adequate access' -to -light-and-.ventilation. 2. Code Amendment No. 90-2 will ensure that-hedges''over 6 feet in height in the rear and sideyard setbacks-wi-ll-be-compatible and harmonious with surrounding land uses`." PC Minutes - 2/6/90 -26- (5044d) 3. Code Amendment No. 90-2 will be consistent in all zones and is consistent with the General Plan in that through the Use Permit Process needed solar access may be maintained. 4. Code Amendment No. 90-2 provides for regulated flexibility within the Ordinance Code. B-8 CODE AMENDMENT NO 89-14/NEGATIVE DECLARATION NO 89-61 APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 89-14 is a request to amend Article 961, Signs, to allow various businesses to have changeable copy signs by approval,of a planned sign program. Currently, changeable copy signs, except theater marquees and electronic readerboards, are prohibited (5.9610.4h). However, fuel price signs and tenant directory signs are permitted (S.9610.5). Although changeable copy signs are prohibited, several businesses in the City have signs with changeable copy. These include grocery stores, florist shops, schools, hotels, churches, and menu boards for drive through restaurants. Code Amendment No. 89-14 has been prepared to reflect changeable copy signs in the permitted sign matrix Sections 9610.5(1) and 9610.50 which include provisions to allow a changeable copy wall sign in addition to the permitted wall sign. This sign may be used to display calendar of upcoming events, menus, directories. Section 9610.7 requires approval of a special sign permit for theater marquees; therefore, this type of sign is not included in the sign schedule. Staff recommends limiting changeable copy area on a freestanding sign to 30 percent of the total allowable sign area in order to ensure that the changeable copy area will not be the dominant portion of the sign. To prevent a proliferation of changeable copy signs, staff further recommends this sign type be subject to planned sign program approval. By utilizing a planned sign program approach, staff will evaluate changeable copy signs for compatibility with surrounding uses. Staff will also evaluate the ability of the sign to effectively communicate its message in a manner consistent with enhanced quality of the visual environment. Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted Negative Declaration No. 89-61 for 21 days, and written comments were received from the Environmental Board supporting the negative declaration. PC Minutes - 2/6/90 -27- (5044d) STAFF RECOMMENDATION: Approve Negative Declaration No. 89-61 and Code Amendment No. 89-14 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the code amendment and the public hearing was closed. A two -week continuance was suggested to restructure'the-code amendment and to incorporate the proposal into -the permitted sign schedule (S.9610.5). A MOTION WAS MADE BY BOURGUIGNON, SECOND BY MOUNTFORD, TO CONTINUE CODE AMENDMENT NO. 89-14 AND NEGATIVE DECLARATION.NO."-89-61 TO THE FEBRUARY 21, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams,,Ortega, Kirkland,- Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-9 CODE AMENDMENT NO, 88-12 APPLICANT: CITY OF HUNTINGTON BEACH REQUEST: Revisions to parking and landscape provisions of the Huntington Beach Ordinance Code and.Downtown--.Specific Plan. Confirmation of straw vote actions on the major code changes was completed at the January 23, 1990 Planning Commission meeting. The code amendment has been amended to reflect the -straw vote actions and reorganized into the new format. This draft will --be submitted for your advance review prior to the re -advertised public hearing on February 21, 1990. Continue Code Amendment No. 88-12 to the February 21, 1990 Planning Commission meeting. A study session and re -notification of the public hearing will be scheduled. 1 PC Minutes - 2/6/90 -28- (5044d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY KIRKLAND, TO CONTINUE CODE AMENDMENT NO. 88-12 TO THE FEBRUARY 21, 1990, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR ITEtiS C-1 REQUEST FOR 30-DAY REVIEW PERIOD - DRAFT ENVIRONMENTAL IMPACT REPORT NO. 89-8 (PIER RECONSTRUCTION) Assembly Bill 886 took effect on January 1, 1990. Among the several changes to CEQA (California Environmental Quality Act) regarding time limits and notice requirements, AB 886 requires that requests for shortened review through the State Clearinghouse be made by a lead agency's decision -making body. The City of Huntington Beach is the lead agency for preparation of EIR No. 89-8. The Planning Commission will be the decision -making body for the associated Conditional Use Permit and Coastal Development Permit. The Notice of Preparation for the EIR was distributed to the State Agencies by the Clearinghouse. All comments and suggestions received by the City have been incorporated into the Draft document. Staff has also contacted responsible State agencies and received concurrence for a 30-day review from the Coastal Commission, State Lands Commission, South Coast AQMD, and Departments of Boating and Waterways, Conservation and Parks and Recreation. It should also be noted that AB 886 allows a lead agency's decision -making body (Planning Commission) to designate by ordinance or resolution a person to request shortened review periods. The designee must inform the decision -making body of all such requests. Staff is currently preparing a resolution to designate the Director of Community Development as the person authorized to request shortened review. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a request for shortened review of Draft EIR No. 89-8 by the State Clearinghouse (30 days). Jerry Person, Historical Board, spoke in support of a 45-day review period for EIR No. 89-8. He said that the constraints imposed with a 30-day review makes it impossible to sufficiently respond to all of the issues in the EIR. PC Minutes - 2/6/90 -29- (5044d) A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE A REQUEST FOR SHORTENED REVIEW OF DRAFT EIR NO. 89-8 -BY THE STATE CLEARINGHOUSE (30 DAYS), BY THE FOLLOWING VOTE:., --- AYES: Shomaker, Mountford, Williams, Kirkland, Bourguignon, Leipzig NOES: Ortega ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITE S -" D-1 REVIEW CONDITIONS OF APPROVAL AND SITE PLANS FOR SITE PLAN, AMENDMENT N0. 89-6 (APPROVED BY THE PLANNING COMMISSION ON JANUARY 23, 1990) APPLICANT: James R. Hetzler 7, LOCATION: 11750 Gothard Avenue (northeast-coriier�"6f-Gothard and Belva Avenue) On January 23, 1990, the Planning Commission -upheld the''•Zoning Administrator's approval of Site Plan-AmendmentNo:--89-6-by- - permitting a right turn exiting only•diive apron=:on"Gothard Avenue for an existing industrial complex.. The Planning--Comfinission requested the item -be agendized as -a discussion''it6in•to review the conditions of approval and the design of'the right turn exiting only drive apron on Gothard Avenue. STAFF RECOMMENDATION: Review conditions and approve as submitted. -. A continuance was suggested -in -order to allow--the--applicant, Planning staff and the Public Work's Traffic Engineer;to�design a right -turn, "exiting only" drive apron on Gothard Avenue, which would accommodate the applicant's request and the-City's concerns. The Planning Commission requested this item be agendized-as a discussion item, at the;February 21, 1990-meeting;.to review the conditions of approval and the design of the right turn exiting only drive apron on Gothard Avenue. COMMISSIONER BOURGUIGNON STATED HE WOULD BE ABSTAINING FROM THE ITEM ON ADVICE FROM THE FAIR POLITICAL PRACTICES COMMISSION SINCE THE APPLICANT IS HIS NEIGHBOR. �n PC Minutes - 2/6/90 -30- (5044d) A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO CONTINUE SITE PLAN AMENDMENT NO. 89-6 REVIEW TO THE FEBRUARY 21, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Ortega, Kirkland, Leipzig NOES: None ABSENT: Williams (Out of Room) ABSTAIN: Bourguignon D-2 CODE AMENDMENT NO. 89-10 (APPROVED AT NOVEMBER 21, 1989 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach LOCATION: City-wide At the Planning Commission meeting November 21, 1989, Code Amendment No. 89-10 was approved as modified. The modifications included: a. Change committee name to Environmental Assessment Committee. b. Indicate composition of Committee. C. Include language allowing the discretionary body to amend an environmental impact repert. Staff has not made this change, however, since further research indicates that the California Environmental Quality Act (CEQA) does not allow the report to be amended by the discretionary body. Only the project may be amended by the imposition of mitigation measures as conditions of approval which will lessen the project's negative impact on the environment. d. Require phased monitoring for projects developed in more than one period of time. The Planning Commission requested the draft be modified with the above items and returned for final approval. STAFF RECOMMENDATION: Accept Code Amendment No. 89-10 as revised and refer to the City Council for adoption. One correction was made to page 4 of the article (change the word should to shall). PC Minutes - 2/6/90 -31- (5044d) A MOTION WAS MADE BY MOUNTFORD, SECOND BY ORTEGA,,"TO-APPROVE CODE AMENDMENT NO. 89-10 AND FORWARD TO THE CITY COUNCIL"FOR�ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS None F. PLANNING COMMISSION SUB-COTViITTEE REPORTS Commissioner Kirkland reported -action -taken by'"the-'Design Review Board at their January 25 and February=•l'--"-1990'meetings. G. PLANNING C014HISSION INQUIRIES Chairwoman Ortega requested follow'up regardi'nq-possible illuminating street lights and/or stop=sign'-at Atlanta and Lake Street. Commissioner Kirkland inquired -as 'to any action �-taken regarding the LA Tronics sign/store-at Brookhurst*-and Adams. Commissioner Williams questioned the policy/prc'-*edures of Land Use Department regarding code violations.' H. PLANNING COMMISSION ITEMS Chairman Ortega:- SUB-COMMITTEE1ASSIGNMENTS The following assignments were - made: -Ed Mountford assigned to Sub -Division Committee'iaith Barry Williams as Alternate. Barry Williams assigned to Division 9 Rewrite Committee with Kirk Kirkland as Alternate. Mike Adams reiterated action taken by the City Council at their February 5, 1990 meeting. 1 PC Minutes - 2/6/90 -32- (5044d) 1 J. ADJOURNMENT A MOTION WAS MADE AT 10:43 PM BY ORTEGA, SECOND BY BOURGUIGNON, TO ADJOURN TO A 5:30 PM STUDY SESSION (OFF-STREET PARKING AND ON -SITE LANDSCAPING REQUIREMENTS), WEDNESDAY, FEBRUARY 21, 1990, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kla APPROVED BY: dL �ja,A'v� Mike Adams, Secretary Planning Commission Chairman PC Minutes - 2/6/90 -33- (5044d)