HomeMy WebLinkAbout1990-06-05APPROVED 8/7/90
7
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
JUNE 5, 1990
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:30 PM
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P P P
ROLL CALL: Shomaker, Mountford, Williams, Ortega, Kirkland,
W
A
Bourguignon, 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.
John Fisher, 6692 Shetland, Country View Homeowners
Association, requested that the Ellis/Goldenwest Subcommittee
be reconvened to discuss the following: 1) park in.
quartersection; 2) sidewalks/equestrian trails; 3) new
developments using private streets; 4) codification of turning
public streets into private streets; 5) financial sacrifices
made by Country View homeowners; 6) forming of a master
association for maintenance, etc.
Gerald Chapman, 6742 Shir Circle, Country View Homeowners
Association, requested a review of the ordinance allowing
model homes in new developments without noticing adjacent
property owners.
4
i
B. PUBLIC HEARING ITEMS
B-1 CONDITIONAL USE PERMIT 90-3/PLANNED SIGN PROGRAM NO. 90-1
(CONTINUED FROM MAY 1, 1990 PLANNING COMMISSION MEETING)
APPLICANT: ROGER MILLER HONDA
LOCATION: 19232 Beach Boulevard (east side of Beach
Boulevard approximately 0.2 miles south of Garfield Avenue)
The Planning Commission continued this item from the May 1, 1990
meeting at the applicant's request. No new information has been
submitted.
The staff reports dated April 3, 1990, and May 1, 1990, outline the
applicant's proposal along with staff's analysis and recommended
modifications.
No further violations of the Huntington Beach Sign Code have been
noted within the last 30 days.
In a letter dated May 31, 1990, the applicant requested another
continuance to the July 3, 1990 Planning Commission meeting.
Commissioner Williams said he met with Mr. Miller and was told that
Honda's request would be amended to conform with all City codes and
would be presented at the July 3, 1990 meeting.
A MOTION WAS MADE BY WILLIAMS, SECOND BY ORTEGA, TO CONTINUE
CONDITIONAL USE PERMIT NO. 90-3 AND PLANNED SIGN PROGRAM NO. 90-1 TO
THE JULY 10, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE:
AYES:
Shomaker, Mountford,
Bourguignon
NOES:
None
ABSENT:
Leipzig
ABSTAIN:
None
MOTION PASSED
Williams, Ortega, Kirkland,
B-2 CODE AMENDMENT NO. 90-2/NEGATIVE DECLARATION NO. 90-2
APPLICANT: City of Huntington Beach
LOCATION: City-wide
Code Amendment No. 90-2 was originally initiated at the request of
the City Council to analyze how the City regulates the height of
hedges in setback areas.
PC Minutes - 6/5/90 -2- (6104d)
hl�
After reviewing a number of alternatives the City Council decided to
remove any reference to hedges in Section 9771 of the Zoning Code.
The practical effect of their amendment will be to eliminate the
City's role in enforcing hedge heights in yards on residential
property.
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. Throughout the City
there are many areas where hedges exceeding the current six (6) foot
height limit exist in harmony with surrounding properties. Under
this code amendment the height of these existing hedges would not be
regulated by City codes.
STAFF RECOMMENDATION:
Approve Negative Declaration No. 90-2 and Code Amendment No. 90-2
with findings and forward to the City Council for adoption.
THE PUBLIC HEARING WAS OPENED
Jerri Hesprich, 6971 Garden Circle, spoke in opposition to including
hedges in the code amendment since it would affect 50 percent of
property owners in the City. She said trees in parks would have to
be cut down, pollution will increase, and the right of privacy would
be denied to property owners. She feels the planting of trees
should be encouraged to improve the future of the City. She urged
the Commission to drop "hedges" from the code.
Dean Albright, 17301 Breda Lane, said he feels that trees help
mitigate noise problems since they can be used as sound barriers and
urged the Commission to consider the benefits.
Edward Leiber, 6981 Garden Circle, spoke in support of striking
"hedges" from the code. He feels it will eliminate the City's
responsibility of disputing neighbor problems which he thinks should
be handled by the courts. He also feels that if there is a safety
problem that the City could then handle the issue.
Tom McCown, 6972 Church Circle, said he does not feel property
owners have the right to plant hedges or trees that create 30 foot
walls around their property. He said his rights must be protected
also. His neighbor's wall of hedges blocks his views, his ocean
breezes, etc. and to allow it to happen is not in the best interest
of the City.
PC Minutes - 6/5/90 -3-
��r
(6104d)
Ernest Bartola, 6142 Jasonwood Drive, thanked the Commission for
declaring "hedges" a nuisance. He said a consistent row of hedges
is not beauty, it is a man -created wall. He urged the Commission to
leave the word "hedges" in the code in order to consider all
property owners. He said he would hate to see the City walled in.
Eileen Ann Druiff, 6961 Church Circle, said she feels hedges should
be regulated. She said people pay for ocean and golf views and they
should be protected. She feels the reason for this controversy is a
result of two isolated property owners fighting over hedges. The
one property owner wants to build a wall because of a swimming pool
and cannot because of his neighbor's hedges. She feels in this case
the wall is more important since it would be a safety precaution
that would prevent someone drowning in the pool. She feels human
lives should be valued more than vegetation.
William Byrne, 6692 Gate Hill Circle, said he lives near a golf
course and the CC&Rs in his area says hedges can only be 3 feet. He
feels there should be limitations placed on hedges.
Jim Berry, Arborist/Pruner, stated his beliefs in the preservation
of trees. He said trees have value; they cut down on pollution and
every City needs them. He said if Cypress trees are cut down 50
percent of them will die and that if pruned the root size increases
and cause damage to the trees. He feels enforcement will be a major
problem for the City.
Glen Hesprich, 6971 Garden Circle, said his cypress trees do not
block ocean views because his neighborhood is not close to the
beach. He said buildings block his views and the only thing his
trees block is arterial highway traffic noise. He said he is
willing to maintain the fence between his house and his neighbors.
Bill Gottlieb, 19301 Manor Pt. Circle, said his home is bordered by
seven other lots and his neighbors are constantly looking down at
him from their balconies and patios which deprives him of his
privacy. He said he has trees in his rear yard that are over 30
feet in height and would hate to have to remove them because of the
financial loss.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE CODE
AMENDMENT AND THE PUBLIC HEARING WAS CLOSED.
A discussion ensued among the Commission. They agreed that the
change in the code would not precipitate trees being cut down in all
of the City parks. They felt that the City should regulate the
height of trees and hedges with variance approval through the Zoning
Administrator. Reaffirmation of their February 6, 1990
recommendation to the City Council was suggested with direction to
staff to bring back a revised hedge definition and a recommendation
to the City Council on a reduced fee for the processing of use
permits for hedges that deviate from the maximum height
requirements. A fee of $25.00 was suggested.
PC Minutes - 6/5/90 -4- (6104d)
A MOTION WAS MADE BY MOUNTFORD, SECOND BY WILLIAMS, TO APPROVE
NEGATIVE DECLARATION NO. 90-2 BY THE FOLLOWING VOTE:
AYES:
Shomaker, Mountford,
Bourguignon
NOES:
None
ABSENT:
Leipzig
ABSTAIN:
None
MOTION PASSED
Williams, Ortega, Kirkland,
A MOTION WAS MADE BY WILLIAMS, SECOND BY MOUNTFORD, TO DENY CODE
AMENDMENT NO. 90-2 AS PRESENTED TO DELETE HEDGES, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Mountford,
Bourguignon
NOES: None
ABSENT: Leipzig
ABSTAIN: None
MOTION PASSED
Williams, Ortega, Kirkland,
A MOTION WAS MADE BY WILLIAMS, SECOND BY MOUNTFORD, TO REAFFIRM
FEBRUARY 1990 APPROVAL OF CODE AMENDMENT NO. 90-2 TO LEAVE IN
"HEDGES", WITH FINDINGS, WITH DIRECTION TO STAFF TO BRING BACK A
REVISED HEDGE DEFINITION AND A RECOMMENDATION TO THE CITY COUNCIL ON
A REDUCED FEE FOR THE PROCESSING OF USE PERMITS FOR HEDGES THAT
DEVIATE FROM THE MAXIMUM HEIGHT REQUIREMENTS, BY THE FOLLOWING VOTE:
AYES:
Shomaker, Mountford,
Bourguignon
NOES:
None
ABSENT:
Leipzig
ABSTAIN:
None
MOTION PASSED
FINDINGS FOR APPROVAL:
Williams, Ortega, Kirkland,
1. Code Amendment No. 90-2 will ensure that hedges over 6 feet in
height in the rear and sideyard setbacks will allow
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 will be compatible
and harmonious with surrounding land uses.
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.
PC Minutes - 6/5/90 -5- (6104d)
B-3 CONDITIONAL USE PERMIT NO. 90-15/CONDITIONAL EXCEPTION
(VARIANCE) NO. 90-22
APPLICANT: DOT DATSUN, INC.
LOCATION: 18801 Beach Boulevard
Conditional Use Permit No. 90-15 is a request to convert an existing
used car sales lot into a new car dealership with a rear yard
setback abutting a residential zone that is less than the required
10 feet pursuant to Section 9220.7(a) of the Huntington Beach
Ordinance Code.
Conditional Exception (Variance) No. 90-22 has been initiated
because the proposal does not comply with Huntington Beach Ordinance
Code, Section 9220.7(a). The applicant proposes to retain the
existing 21 foot high service building which is located 5 feet from
the rear property line abutting the residential district.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt pursuant to Section
15302, Class 2(b) of the California Environmental Quality Act.
STAFF RECOMMENDATION:
Approve Conditional Use Permit No. 90-15 and Conditional Exception
(Variance) No. 90-22 with findings and conditions of approval.
THE PUBLIC HEARING WAS OPENED
John Califf, representing the applicant, spoke in support of the
request. He questioned Condition No. 3.d regarding reciprocal
access between sites. He said if the requirement necessitated
compliance it would take away his right to close access in the
future.
Staff explained that the requirement for reciprocal access is in
keeping with the "Super Street" goals and policies and would be
required on all Beach Boulevard projects.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Commissioner Williams said he feels there should be consideration
given to businesses on Beach Boulevard because of the proposed
"Super Street" and that requirements for more on -site parking should
be imposed, especially for employee parking.
PC Minutes - 6/5/90 -6- (6104d)
I
A MOTION WAS MADE BY KIRKLAND, SECOND BY WILLIAMS, TO APPROVE
CONDITIONAL USE PERMIT NO. 90-15 AND CONDITIONAL EXCEPTION
(VARIANCE) NO. 90-22 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY
THE FOLLOWING VOTE:
AYES: Shomaker, Mountford,
Bourguignon
NOES: None
ABSENT: Leipzig
ABSTAIN: None
MOTION PASSED
Williams, Ortega, Kirkland,
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT:
1. The location, site layout, and design of the proposed new car
dealership 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 the site are properly integrated.
3. The access to and parking for the proposed new car dealership
does not create an undue traffic problem.
4. The granting of Conditional Use Permit No. 90-15 for a new car
dealership will not adversely affect the General Plan of the
City of Huntington Beach.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 90-22:
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 subject building was constructed
prior to the establishment of the retirement residence, and its
removal would create an unnecessary economic hardship.
2. The granting of Conditional Exception (Variance) No. 90-22 will
not be materially detrimental to the public health, safety and
welfare, or injurious to the conforming land, property, or
improvements in the neighborhood because there will be no
change in the use of the property.
3. The granting of this conditional exception from Section
9220.7(a) of the Huntington Beach Ordinance Code will not
defeat the general purposes or intent of the code which is to
prevent unnecessary visual intrusion into the privacy of
residential zones.
PC Minutes - 6/5/90
IN:
(6104d)
4. The granting of Conditional Exception (Variance) No. 90-22 for
encroachment of a building exceeding 18 feet in height within
45 feet of a residential zone will not adversely affect the
General Plan of the City of Huntington Beach.
CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
March 30, 1990, shall be the conceptually approved layout.
2. Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Depict all utility apparatus, such as but not limited to
backflow devices and Edison transformers, on the site
plan. They shall be prohibited in the front and exterior
yard setbacks unless properly screened by landscaping or
other method as approved by the Community Development
Director.
b. Elevations shall depict colors and building materials as
submitted in the color and material palette reviewed and
approved by the Design Review Board on April 26, 1990.
c. 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.
d. Outdoor lighting shall be 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.
3. Prior to issuance of building permits, the applicant/owner
shall complete the following:
a. Submit copy of the revised site plan, floor plans and
elevations pursuant to Condition No. 1 for review and
approval and inclusion in the entitlement file.
b. A Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and
must be approved. The Landscape Construction Set shall
include a landscape plan prepared and signed by a State
Licensed Landscape Architect and which includes all
proposed/existing plant materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of
approval. The landscape plans shall be in conformance with
Section 9608 of the Huntington Beach Ordinance Code. The
set must be approved by both departments prior to issuance
of building permits.
PC Minutes - 6/5/90 -8- (6104d)
c. All applicable Public Works fees shall be paid.
d. The subject property shall enter into irrevocable
reciprocal driveway and parking easement(s) between the
subject site and adjacent properties. A copy of the legal
instrument shall be approved by the Community Development
Department and the City Attorney as to form and content
and, when approved, shall be recorded in the Office of the
County Recorder. A copy shall be filed with the Department
of Community Development.
e. A planned sign program shall be submitted and approved for
all signing. Said program shall be approved prior to the
first sign request.
4. The Public Works Department requirements are as follows:
a. New driveway on Beach Boulevard shall have a minimum width
of thirty feet (30').
b. Water service to property to be reviewed by Public Works
and upgraded if necessary.
5. Fire Department Requirements are as follows:
a. An automatic fire sprinkler system shall be approved and
installed pursuant to Fire Department regulations.
b. Fire lanes shall be drive thru per Fire Department Standard
#401 and shall be posted and marked.
C. 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.
d. On -site fire hydrant shall be provided at location
specified by the Fire Department.
e. The applicant shall meet all applicable local, State and
Federal Fire Codes, Ordinances, and standards.
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 - 6/5/90 -9- (6104d)
9. Prior to final building permit approval or issuance of a
Certificate of Occupancy, the following shall be completed:
a. All improvements (including landscaping) to the property
shall be completed in accordance with the approved plans
and conditions of approval specified herein.
b. Compliance with all conditions of approval specified herein
shall be accomplished.
10. The Planning Commission reserves the right to revoke
Conditional Use Permit No. 90-15 if any violation of these
conditions or the Huntington Beach Ordinance Code occurs.
11. Conditional Use Permit No. 90-15 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-4 CONDITIONAL USE PERMIT NO. 89-62 WITH SPECIAL PERMITS/
TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO,
89-39/NEGATIVE DECLARATION NO. 89-52
APPLICANT: SURFCREST PARTNERS
LOCATION: Southwest of the intersection of Palm Avenue and
Seapoint Avenue.
Conditional Use Permit No. 89-62 with Special Permits and Tentative
Tract No. 14134 is a request to construct 115 three-story townhomes
in the Coastal Zone with Special Permits for: 1) relief from
one-third of the units less than three-story; 2) reduction of access
width; 3) relief from 4-foot offset; 4) relief from 20-foot setback
from drive aisle; 5) 28 feet in lieu of 30 feet rear to rear
setback; 6) security fence within front setback area, pursuant to
Article 915 of the Huntington Beach Ordinance Code.
ENVIRONMENTAL STATUS:
On November 16, 1989, the Environmental Review Committee determined
that a Mitigated Negative Declaration would address all
environmental concerns regarding this project. Four supplemental
reports were required: 1) traffic; 2) archaeological; 3) soils and
geology; 4) noise study. As the supplemental reports were submitted
to staff, each concern was mitigated to a level of insignificance
(see Attachment 7). The requirements of the report and attendant
mitigation measures have been incorporated into conditions of
approval.
PC Minutes - 6/5/90
-10-
(6104d)
1
Pursuant to the environmental regulations in effect at this time,
the Department of Community Development advertised draft Negative
Declaration No. 89-52 for twenty-one (21) days. Staff, in its
initial study of the project, has recommended that a negative
declaration be issued. Prior to any action on Conditional Use Permit
No. 89-62 with Special Permits, Tentative Tract No. 14134 or Coastal
Development Permit No. 89-39, it is necessary for the Planning
Commission to review and act on Mitigated Negative Declaration
No. 89-52.
COASTAL STATUS:
The proposed residential project is subject to approval of a coastal
development permit because it is located within coastal zone
boundaries and specifically within the appealable jurisdiction, and
may be appealed to the California Coastal Commission. Prior to any
action on Conditional Use Permit No. 89-62 with Special Permits and
Tentative Tract No. 14134, it is necessary for the Planning
Commission to review Coastal Development Permit No. 89-39.
SUBDIVISION COMMITTEE:
On March 22, 1990, the Subdivision Committee reviewed Tentative
Tract No. 14134. After staff discussion regarding the general
character of the project and lengthy discussion of suggested
conditions of approval, the Subdivision Committee recommended
approval to the Planning Commission by a unanimous vote.
STAFF RECOMMENDATION:
A. Approve Mitigated Negative Declaration No. 89-52;
B. Approve Coastal Development Permit No. 89-39 with findings;
C. Approve Conditional Use Permit No. 89-62 with Special Permits
and Tentative Tract No. 14134 with findings and conditions of
approval.
THE PUBLIC HEARING WAS OPENED
Tom Zanic, representing Surfcrest Partners, spoke in support of the
project. He said approval on both entitlements (Items B-4 and B-5)
was needed in order to move ahead on development. He compared both
projects in terms of density, etc. He said Surfcrest Partners can
comply with most conditions of approval on both projects however
discussed concerns with several of the requirements and requested
clarification and modification to the conditions.
Kelly Gifford, 19301 Archfield Circle, said he owns property on Palm
and his ocean views will be lost due to the height of this project.
He addressed his concerns with the added traffic and noise with the
proposed project. He also said that the proposed section of land is
under study for soil conditions and feels this should be considered.
PC Minutes - 6/5/90 -11-
(6104d)
Lorraine Faber, Amigos de Bolsa Chica, stated her concerns with
discussing the two projects separately. She expressed her support
with the recycled water main being directed away from the linear
park however urged implementation of the park as promised with the
dedication. She is concerned that dedications will come up short if
not resolved.
S. F. Allcorn, 19275 Torreypines, said height variations is his main
concern with the project. He said he paid a high premium for his
lot at Seapoint and is concerned with his views being blocked.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission agreed that they could not vote on one request
without consideration of the other. They felt, as a whole, that the
proposed projects were very attractive and commended the applicant.
The Commission's concerns included: subsidence, architectural
design, affordable housing, Seapoint extension, traffic, noise,
views. A continuance was suggested so that the applicant's concerns
and the adjacent homeowners concerns could be resolved.
Commissioner Bourguignon said he could not vote on one project
without consideration of the other.
A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO CONTINUE
CONDITIONAL USE PERMIT NO. 89-62 WITH SPECIAL PERMITS, TENTATIVE
TRACT NO. 14134, COASTAL DEVELOPMENT PERMIT NO. 89-39 AND NEGATIVE
DECLARATION NO. 89-52 TO THE JULY 10, 1990 PLANNING COMMISSION
MEETING, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford, Williams, Ortega, Kirkland
NOES: None
ABSENT: Leipzig
ABSTAIN: Bourguignon
MOTION PASSED
B-5 CONDITIONAL USE PERMIT NO 89-64 WITH SPECIAL PERMITS/
TENTATIVE TRACT NO. 14135/CONDITIONAL EXCEPTION (VARIANCE) NO
89-55/COASTAL DEVELOPMENT PERMIT NO 89-40/NEGATIVE
DECLARATION NO. 89-52
APPLICANT: SURFCREST PARTNERS
LOCATION: Northwest of the intersection of Palm Avenue and
Seapoint Avenue.
Conditional Use Permit No. 89-64 with Special Permits
Tract No. 14135 is a request to construct 6 five -story
consisting of 216 stacked condominiums in the Coastal
special permits for: 1) reduction of rear and sideyard
2) reduction of access width; 3) permit security fence
setback area.
and Tentative
buildings
Zone with
setback;
within front
PC Minutes - 6/5/90 -12- (6104d)
Conditional Exception (Variance) No. 89-55 is a request to permit
52.5 feet in lieu of 35 feet maximum height pursuant to Article 915
of the Huntington Beach Ordinance Code.
ENVIRONMENTAL STATUS:
On November 16, 1989, the Environmental Review Committee determined
that a Mitigated Negative Declaration would address all
environmental concerns regarding this project. Four supplemental
reports were required: 1) traffic; 2) archaeological; 3) soils and
geology; 4) noise study. As the supplemental reports were submitted
to staff, each concern was mitigated to a level of insignificance.
The requirements of the report and attendant mitigation measures
have been incorporated into conditions of approval.
Pursuant to the environmental regulations in effect at this time,
the Department of Community Development advertised draft Negative
Declaration No. 89-52 for twenty-one (21) days. Staff, in its
initial study of the project, has recommended that a negative
declaration be issued. Prior to any action on Conditional Use Permit
No. 89-64 with Special Permits, Tentative Tract No. 14135,
Conditional Exception (Variance) No. 89-55 or Coastal Development
Permit No. 89-40, it is necessary for the Planning Commission to
review and act on Negative Declaration No. 89-52.
COASTAL STATUS:
The proposed residential project is subject to approval of a coastal
development permit because it is located within coastal zone
boundaries and specifically within the appealable jurisdiction and
may be appealed to the California Coastal Commission. Prior to any
action on Conditional Use Permit No. 89-64 with Special Permits,
Tentative Tract No. 14135, and Conditional Exception (Variance) No.
89-55 it is necessary for the Planning Commission to review Coastal
Development Permit No. 89-40. Coastal Development Permit No. 89-39
may be approved or conditionally approved only after it has been
found to be in conformance with the Coastal Element of the General
Plan.
SUBDIVISION COMMITTEE:
On March 22, 1990, the Subdivision Committee reviewed Tentative
Tract No. 14134. After staff discussion regarding the general
character of the project and lengthy discussion of suggested
conditions of approval, the Subdivision Committee recommended
approval to the Planning Commission by a 5 to 0 vote with one
abstention.
STAFF RECOMMENDATION:
Deny Coastal Development Permit No. 89-40, Conditional Use Permit
No. 89-64 with Special Permits, Tentative Tract No. 14135, and
Conditional Exception (Variance) No. 89-55 with findings.
PC Minutes - 6/5/90 -13- (6104d)
1
THE PUBLIC HEARING WAS OPENED
Tom Zanic, Surfcrest Partners, gave a brief overview of the proposed
project, reiterated the approach taken on development, and requested
a continuance of the item.
Lorraine Faber, 15271 Nottingham Lane, spoke in support of staff's
recommendation for denial of the project. She feels the bulk of the
proposed buildings are not compatible with the linear park. She
feels the project needs a focused environmental impact report.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
PROJECT AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY KIRKLAND, SECOND BY WILLIAMS, TO CONTINUE
CONDITIONAL USE PERMIT NO. 89-64 WITH SPECIAL PERMITS, TENTATIVE
TRACT NO. 14135, CONDITIONAL EXCEPTION (VARIANCE) NO. 89-55, COASTAL
DEVELOPMENT PERMIT NO. 89-40 AND NEGATIVE DECLARATION NO. 89-52 TO
THE JULY 10, 1990 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE:
AYES:
Shomaker, Mountford,
Bourguignon
NOES:
None
ABSENT:
Leipzig
ABSTAIN:
None
MOTION PASSED
Williams, Ortega, Kirkland,
C. CONSENT CALENDAR
C-1 GENERAL PLAN CONFORMANCE NO 90-4
APPLICANT: DEPARTMENT OF ADMINISTRATIVE SERVICES
General Plan Conformance No. 90-4 is a request to review proposed
FY 1990/91 Capital Improvements Program and determine conformance
with the General Plan.
STAFF RECOMMENDATION:
Approve General Plan Conformance No. 90-4 and adopt Resolution
No. 1432.
A MOTION WAS MADE BY ORTEGA, SECOND BY MOUNTFORD, TO APPROVE GENERAL
PLAN CONFORMANCE NO. 90-4 AND RESOLUTION NO. 1432, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Mountford,
Bourguignon
NOES: None
ABSENT: Leipzig
ABSTAIN: None
MOTION PASSED
Williams, Ortega, Kirkland,
PC Minutes - 6/5/90 -14- (6104d)
I
[1
RESOLUTION NO. 1432
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HUNTINGTON BEACH FINDING THE CAPITAL
IMPROVEMENTS PROGRAM FOR FY 1990/91 IN CONFORMANCE
WITH THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO. 90-4)
WHEREAS, the Government Code of the State of California,
Section 65401, provides that a local planning agency review a list
of the proposed public works projects recommended for planning,
initiation, or construction during the ensuing fiscal year as to
conformity with the local general plan; and
The Department of Administrative Services has submitted a
coordinated list of all capital projects recommended by City
departments for the current fiscal year in the form of a Capttal
Improvement Projects List for FY 1990/91; and
Staff has reviewed a description of the capital improvement
projects and submitted it to the Planning Commission for review on
June 5, 1990; and
Staff has indicated applicable General Plan policies following
each department classification to establish conformance with the
General Plan (see Exhibit #A).
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of
the City of Huntington Beach finds the Capital Improvement Program
for FY 1990/91 in conformance with the General Plan.
C-2 PLANNING COMMISSION MINUTES DATED APRIL 3 1990 (CONTINUED
FROM THE MAY 15, 1990 MEETING) AND MAY 1 AND MAY 15 1990
A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE MINUTES
DATED APRIL 3, MAY 1, AND MAY 15, 1990, AS SUBMITTED, BY THE
FOLLOWING VOTE:
AYES:
Shomaker, Mountford,
Bourguignon
NOES:
None
ABSENT:
Leipzig
ABSTAIN:
None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
Williams, Ortega, Kirkland,
PC Minutes - 6/5/90
-15-
(6104d)
1
E.
F.
F-1
G.
DISCUSSION ITEMS
A MOTION WAS MADE BY ORTEGA, SECOND BY KIRKLAND, TO RESCHEDULE
THE JULY MEETINGS TO JULY 10 AND JULY 24, BY THE FOLLOWING
VOTE:
AYES: Shomaker, Mountford,
Bourguignon
NOES: None
ABSENT: Leipzig
ABSTAIN: None
MOTION PASSED
PLANNING COMMISSION INQUIRIES
Williams, Ortega, Kirkland,
CONSTRUCTION TRAILER/OFFICE ON ROOSEVELT AND ILLEGAL SIGNS ON
PIERCE AVENUE (PLANNING COMMISSION ITEMS - Presented to the
Commission during the Study Session at 5:30 PM.
PLANNING COMMISSION ITEMS
A MOTION WAS MADE BY ORTEGA, SECOND BY MOUNTFORD, TO APPROVE
AN EMERGENCY ACTION TO DISCUSS THE FUNDING UPDATING GENERAL
PLAN, BY THE FOLLOWING VOTE:
AYES: Shomaker, Mountford,
Bourguignon
NOES: None
ABSENT: Leipzig
ABSTAIN: None
MOTION PASSED
Williams, Ortega, Kirkland,
The Chairwoman was directed to prepare a letter to City
Council regarding the need for funding for updating the
elements of the General Plan.
The Commission requested staff to prepare a detailed report on
the prioritization of elements needed for funding with
emphasis on the Land Use Element, Circulation Element, Coastal
Element.
The following items were added to the Inquiries list:
Commissioner Williams:
1. EIR FOR PIER PROJECT - WAS MAXWELL'S RESTAURANT ADDRESSED
- Asked that concerns regarding outdoor dining and exhaust
system relayed to Public Works Director.
PC Minutes - 6/5/90 -16- (6104d)
2. TRAVEL TRAILER AT EQUESTRIAN CENTER IN CENTRAL PARK NEAR
GENERAL OFFICE - Requested follow up.
Chairwoman Ortega:
1. STATUS - PARKING AND LANDSCAPING CODE AMENDMENT AND
ENVIRONMENTAL REVIEW COMMITTEE REGULATIONS
Commission was told that the Code Amendment was pulled
from the Council agenda because of concerns from the City
Attorney and that the Regulations were still in the City
Attorney's Office.
A mechanism for reporting the status of items held up due
to concerns/problems was requested to staff.
2. PAVING OVER PUBLIC RIGHT-OF-WAY IN DOWNTOWN AREA
3. CODE AMENDMENT PROCESS FOR AFFORDABLE HOUSING - Asked for
a report to be completed within the next month.
4. ACTIVATION OF THE ELLIS/GOLDENWEST SUB -COMMITTEE
H. COMMUNITY DEVELOPMENT ITEMS
Mike Adams reiterated action taken by the Council at their
meeting June 4, 1990, which included: Division 9 Rewrite
approval, continuance of Special Sign Permit and Four -Plea
Development at 15th. and PCH.
I. ADJOURNMENT
A MOTION WAS MADE AT 11:35 PM BY KIRKLAND, SECOND BY WILLIAMS,
TO ADJOURN TO A 6:30 STUDY SESSION (AGENDA REVIEW AND
SUB -COMMITTEE REPORTS), TUESDAY, JUNE 19, 1990, AND THEN TO
THE NEXT REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE
FOLLOWING VOTE:
AYES: Shomaker, Mountford, Williams, Ortega, Kirkland,
Bourguignon
NOES: None
ABSENT: Leipzig
ABSTAIN: None
MOTION PASSED
/kla
APPROVED BY:
1
Mike Adams, Secretary Planning Commi sion Chairman
PC Minutes - 6/5/90 -17- (6104d)