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HomeMy WebLinkAbout1991-01-23APPROVED 3119191 MINUTES HUNTINGTON BEACH PLANNING COMMISSION WEDNESDAY, JANUARY 23, 1991 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: Richardson, Newman , Shomaker, Kirkland, Ortega, A P 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. None B. PUBLIC HEARING ITEMS B-1 SPECIAL SIGN PERMIT NO, 90-10/SPECIAL SIGN PERMIT NO. 89-4(R)/PLANNED SIGN PROGRAM NO. 89-3(R) (CONTINUED FROM THE JANUARY 8, 1991 PLANNING COMMISSION MEETING): APPLICANT: SUPERIOR ELECTRICAL ADVERTISEMENT LOCATION: 19300-19324 Beach Boulevard (Eastside of Beach Boulevard approximately 550 feet north of Yorktown Avenue) Special Sign Permit No. 90-10 is a request to replace an existing code conforming (7 foot high/35 square foot) center identification monument sign with a new 13 foot - 8 inch high/80 square foot center identification monument sign in lieu of the code permitted seven (7) foot high, 50 square foot monument sign. I 1 11 1 A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO DENY SPECIAL SIGN PERMIT NO. 89-4(R), WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Ortega, Leipzig NOES: Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO, 89-4(R) 1. The request to delete a condition of approval to permit an additional business identification (wall) sign for the E1 Pollo Loco restaurant will not result in a substantial economic hardship to the applicant because as permitted through Special Sign Permit No. 89-4 there are two (2) monument signs permitted on -site for two disparate uses, i.e. restaurant and automotive which have been adequately identified through proper signage. 2. The request to delete a condition of approval to permit an additional business identification (wall) sign for the E1 Pollo Loco restaurant will adversely affect other signs in the vicinity since the site currently has a monument sign and business identification (wall) sign and the unnecessary duplication of signage does not meet the requirements or intent of the sign code. 3. The request to delete a condition of approval to permit an additional business identification (wall) sign for the E1 Pollo Loco restaurant will be detrimental to property located in the vicinity and will not be compatible with the surrounding area because the site is adequately provided with signage and the unnecessary duplication of signage does not meet the requirements or intent of the sign code. 4. The request to delete a condition of approval to permit an additional business identification (wall) sign for the E1 Pollo Loco restaurant may prove to be a traffic hazard and cause pedestrian and vehicular conflicts along Beach Boulevard. A MOTION WAS MADE BY ORTEGA, SECOND BY RICHARDSON, TO DENY PLANNED SIGN PROGRAM NO. 89-3(R), WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Richardson, Newman, NOES: Shomaker, Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED Ortega, Leipzig PC Minutes - 1/23/91 -3- (8889d) FINDINGS FOR DENIAL - PLANNED SIGN PROGRAM NO, 89-3(R) 1. The request to permit a center identification monument sign with variance to height, sign area, number of tenant panels, location, delete a condition of approval and amend the planned sign program does not reflect the requirements of a planned sign program or the intent of the sign code by the use of excessive height, sign area, tenant panels, lack of a center identification, and the unnecessary duplication of signage. 2. The request to permit a center identification monument sign with variance to height, sign area, number of tenant panels, location, delete a condition of approval and amend the planned sign program does not provide signs that will be compatible with the existing on -site signs or the requirements and intent of a planned sign program and sign code. 3. The request to permit a center identification monument sign with variance to height, sign area, number of tenant panels, location, delete a condition of approval and amend the planned sign program will not be compatible with signs in the surrounding commercial vicinity, with recently approved signs and with the sign criteria as outlined in Planned Sign Program No. 89-3. A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON, TO APPROVE SPECIAL SIGN PERMIT NO. 90-10, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker NOES: Kirkland, Ortega, Leipzig ABSENT: Bourguignon ABSTAIN: None SPLIT VOTE - NO ACTION A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE SPECIAL SIGN PERMIT NO. 90-10, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman NOES: Shomaker, Kirkland, ABSENT: Bourguignon ABSTAIN: None MOTION FAILED ortega, Leipzig 1 PC Minutes - 1/23/91 -4- (8889d) FINDINGS FOR DENIAL - SPECIAL SIGN•PERMIT•�NO. 90-10: 1. Strict compliance with Article 961 Signs will not result in a substantial hardship to the applicant because the two (2) existing monument signs provide adequate signage for the two disparate uses on the site, i.e. restaurant and automotive service and the applicant's proposal for a 12 foot -0 inch monument sign does not meet the intent of the code with regard to height, sign area, number of tenant panels and the lack of center identification. 2. The proposed new 12 foot -0 inch monument sign will adversely affect other signs in the vicinity since the total sign height and sign area as proposed greatly exceeds that which is allowed by code and was analyzed through Special Sign Permit No. 89-4. 3. The proposed 12 foot -0 inch monument sign will be detrimental to property in the vicinity and will not be compatible with the surrounding area. The excessive height, sign area, tenant panels and no center identification does not meet the requirements or intent of the sign code or recently approved signs. 4. The proposed 12 foot -0 inch monument sign along Beach Boulevard will obstruct pedestrian or vehicular traffic vision. The excessive height, sign area, tenant panels and close proximity (125 feet) between the two (2) signs has the potential to require motorists to slow down to properly see the two (2) monument signs and tenant panels and, therefore, cause a traffic and pedestrian conflict along Beach Boulevard. B-2 REVISED FINAL TRACT 9908 (CONTINUED FROM THE DECEMBER 18, 1990 PLANNING COMMISSION MEETING): APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: Tract 9908 (North of Slater Avenue, west of Gothard Street) This application has been withdrawn per direction from the City Attorney's Office. Counsel explained the reason for withdrawal was to further research the process of Tract Revision. The Commission questioned Counsel as to a possible continuance rather than a withdrawal. Counsel explained that the request is more involved than previously thought, and they are not comfortable with a continuance week after week. It was explained that this withdrawal will not preclude other residents in the area from applying for a conditional use permit. PC Minutes - 1/23/91 -5- (8889d) B-3 CONDITIONAL USE PERMIT NO 90-63/TENTATIVE TRACT NO. 14448: APPLICANT: DAVID CZAJA LOCATION: 5142 Warner (Southwest corenr of Warner Avenue and Leslie Lane) Conditional Use Permit No. 90-63 with Special Permits and Tentative Tract No. 14448 is a request to subdivide one lot for condominium purposes and construct a 33 unit planned residential development pursuant to Section 915 of the Huntington Beach Ordinance Code. Special permits are requested for: 1) Encroachment of private patio walls into the front yard setback; 2) Encroachment of private patio walls into the exterior side yard setback; 3) Reduction in the required building separation between the front and side of a building; and 4) Reduction in the required building separation between the sides of a building. The applicant/owner's submitted a letter to the Commission requesting that the conditions requiring them to include low income and affourdable be removed, as it would not be economically feasible for them. The Commission discussed the whether this condition should be released and whether it was a recommendation or a convenant. THE PUBLIC HEARING WAS OPENED. Art Torosian, owner, 5081 Crescent Drive, Anaheim, spoke in favor of the project. Mr. Torsian explained that they were building the quality project that they had promised, which would also increase the value of the surrounding land. He stated that he only found out the day before that they must incorporate affordable housing. Rich Ewing, architect, 311 W. Wilson, Costa Mesa, spoke in favor of the project. Mr. Ewing expressed their desire to create a project and environment that will enhance future residents and surrounding areas. He spoke in regards to affordable housing, saying he went off the City Council Reports which stated they did not want a lot of redesigning if it must be affordable. Kelly Rasmussan (Sp?), Keith Companies, spoke in favor of the project. Mr. Rasmussan expounded on the visual landscaping and as buffers. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE PROJECT AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioner's and staff regarding the affordable housing issue. Staff explained that it was the City's responsiblity to incorporate affordable housing into all programs, where feasible. PC Minutes - 1/23/91 -6- (8889d) A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE TENTATIVE TRACT NO. 14448 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Leipzig NOES: Ortega ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14448: 1. The size, depth, frontage and other design features of the proposed subdivision for 33 units are in compliance with the standard plans and specifications on file with the City as well as with the State Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for Medium -High Density Residential development at the time the General Plan designation was placed on the site, and will accommodate the development of 33 condominiums. 3. The General Plan has set forth provisions for this type of land use as well as objectives for the implementation of this type of housing. 4. The site is physically suitable for the proposed density of 25 units per gross acre. 5. The tentative tract map is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO, 14448: 1. The tentative tract map received and dated November 15, 1990, shall be the approved plan, subject to the following modifications: a. Leslie Lane shall be vacated from 30.00 feet to 27.00 feet. Additional land shall become part of the project landscape. *Indicates a mitigation measure contained in Environmental Impact Report No. 90-1. PC Minutes - 1/23/91 -7- (8889d) 2. CC&Rs shall be submitted to and approved by the City Attorney and the Department of Community Development at least 60 days prior to recordation of the final tract map in accordance with Article 915 of the Huntington Beach Ordinance code. CC&Rs shall reflect the common driveway access easements, and maintenance of all common landscape areas, project amenities and walls. 3. Full Public works improvements are required to the centerline of Leslie Lane. 4. Water system shall be located in vehicular travelways and dedicated to the city. The developer/homeowner's association shall be responsible for repairing any enhanced pavement, if the water facilities need to be maintained or repaired. 5. Water system shall be looped. No dead ends shall be allowed. The water system shall be installed per the Public Works Department's Standards, Ordinances and Policies. 6. Developer shall be responsible for the payment of any additional fees adopted in the Water Division Financial Master Plan and payment of the Traffic Impact Fees at the time building permits are issued. 7. The on -site sewer and water system shall be shown on a City approved utility plan. B. The on -site sewer mains shall remain private. 9. Hydrology and hydraulic calculations shall be submitted per the latest edition of the Orange County E.M.A. Manual and City Requirements. 10. A soils report and grading plan shall be submitted for Public Works approval. 11. The developer shall submit water improvements plans, on a separate utility plan, showing service connections to all lots, fire hydrants and other appurtenances in accordance with applicable U.P.C., Ordinances and Public Works Standards. These plans shall be approved by the Public Works Water Division. 12. The developer shall submit mitigation measures for approval by the City which will address the following deficiencies in the water system. - Reducing the peak hour demands. - Increasing the water supply sources (wells and importing facilities). - Increasing the water storage facilities (reservoirs). PC Minutes - 1/23/91 -8- (8889d) The above deficiencies are either inadequate or cannot be met for existing/ultimate demands, unless the mitigation measures identified in the 1988 Water System Master Plan are addressed. 13. No combustible construction shall occur until an approved water system is installed. 14. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. 15. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public works Department approved method. 16. All vehicular access rights to Warner Avenue shall be released and relinquished to the City.* 17. The developer shall replace the existing eight (8) inch water distribution pipes in Warner Avenue which serve the project site with 12 inch pipes.* A MOTION WAS MADE BY NEWMAN, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 90-63, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland NOES: Ortega, Leipzig ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT N0, 90-63: 1. The location, site layout, and design of the proposed 33 unit planned residential development with four (4) special permits properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The access to the project and the building height and bulk are compatible with the adjacent structures and uses. 2. The proposed 33 unit planned residential development with four (4) special permits is compatible with surrounding properties in terms of architecture and orientation and will not be detrimental to the general welfare of persons residing or working in the vicinity, nor detrimental to property and improvements in the vicinity. 3. The access to and parking for the proposed 33 unit planned residential development with four (4) special permits does not create an undue traffic problem. The access point for the project and the minimum code required parking provides adequate on -site and off -site traffic circulation and parking. PC Minutes - 1/23/91 -9- (8889d) 4. The planned residential development for a 33 unit project with four (4) special permits conforms to the provisions contained in Article 915. 5. Conditional Use Permit No. 90-63 for a 33 unit planned residential development with four (4) special permits is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. The intent of the land use designation and zoning suffix (PRD) is to provide a better living environment and promote aesthetically pleasing development. The project will also be consistent with the Housing Element by providing housing opportunities to low and moderate income families for 20% of the project. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits for deviations to the requirements of Article 915 of the Huntington Beach Ordinance Code promote a better living environment and provide an improved site layout and design. a. To reduce the front yard setback from a 20 foot average with a minimum dimension of 15 feet to a 13 foot average with a minimum dimension of 10 feet. b. To reduce the exterior side yard setback from a 20 foot average with a minimum dimension of 15 feet to a 20 foot average with a minimum dimension of 10 feet. c. To reduce the required building separation front to side from 20 feet to 10 feet. d. To reduce the required building separation side to side from 30 feet to 10 feet. 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The approval of the special permits will not be detrimental to the general health, welfare, safety and convenience, and not detrimental and injurious to the value of property and improvements of the neighborhood or of the City in general, because they result in a project with an improved living environment and site layout. 4. The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the parcel and compatible with the surrounding environment. PC Minutes - 1/23/91 -10- (8889d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-63: 1. The site plan, floor plans, and elevations received and dated January 11, 1991 shall be the conceptually approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following: a. A landscape construction set must be submitted to the Departments of Community Development Public Works, and Fire for review and approval. 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 the Ordinance Code. "Drought tolerant" plants and turf shall be specified for all common area landscaping. In addition, intensified landscaping shall be provided between the dwelling units and the private street to provide visual relief. The landscape plans must be approved by the three departments prior to issuance of building permits. All landscape shall be installed prior to final inspection. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of any rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. c. Elevations shall depict colors and building materials proposed, including the patio walls which shall be a combination of three (3) feet of block and three (3) feet of plexiglass. d. The site plan or reference page shall include all conditions of approval imposed on the project printed verbatim. e. All applicable Public Works fees shall be paid. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. A grading plan shall be submitted to and approved by the Department of Public Works. h. Complete detail of security gate configuration shall be submitted for review and approval by Departments of Public Works, Fire and Community Development. PC Minutes - 1/23/91 -11- (8889d) i. All utility apparatuses such as, but not limited to, backflow devices and Edison transformers, shall be depicted on the site plan, and shall not be located in the front yard setback, where feasible. All such equipment shall be screened with landscaping or in another manner approved by Community Development Department. j. Final Tract Map No. 14448 shall be accepted by the City Council. It shall be recorded with the County Recorder's Office prior to Certificate of Occupancy or final inspection of first unit. k. Floor plans shall depict natural gas outlets at the locations of cooking facilities, water heaters, and central heating units, low -volume heads on all spigots and water faucets, and natural gas and 220V electrical outlets at the location of clothes dryers. 1. 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. m. A lighting plan for all stationary outdoor lighting fixtures on the site which includes high-pressure sodium vapor lamps or metal halide for energy savings shall be approved by the Department of Community Development to insure that lighting will be directed only to desired areas, and that no lighting fixtures shall be mounted facing adjacent residential areas. Illumination levels at the project perimeter adjacent to residential properties shall not exceed 2.0 foot candles.* 3. Fire Department requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A Class III wet standpipe system (combination) will be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. c. 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: - Water flow, valve tamper and trouble detection - 24 hour supervision - Smoke Detectors PC Minutes - 1/23/91 -12- (8889d) - Annunciation throughout Audible Alarms throughout - Graphic Display Manual Pulls d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. e. One (1) fire hydrant 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. f. Elevators will be sized to accommodate an ambulance gurney. Minimum 6'8" wide by 4'3" deep with minimum 42" opening. g. Fire lanes will be designated and posted to comply with City Specification No. 415. h. Security gates will be designed to comply with City Specification No. 403. i. Address numbers will be installed to comply with City Specification No. 428. 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. j. Submit a fire protection plan to the Fire Department for approval containing requirements of Fire Department Specification No. 426. k. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 1. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Include the circulation plan and dimensions of all access roads. m. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. n. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. PC Minutes - 1/23/91 -13- (8889d) o. The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. All building spoils, such as unusable lumber, wire, pipe and other surplus or unusable materials, shall be disposed of at an off -site facility equipped to handle them. 6. The applicant/owner shall be responsible for paying the Traffic Impact Fee at the time of final inspection. 7. The developer shall be responsible for payment of any additional fees adopted in the upcoming Water Division Financial Master Plan. 8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 9. During cleaning, grading, earth moving or excavation the applicant shall:* a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions). b. Maintain equipment engines in proper tune. 10. During construction, the applicant shall:* a. Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. b. Wet down areas in the late morning and after work is completed for the day in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions). c. Use low sulfur fuel (.05% by weight) for construction equipment. d. Phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. Construction activities shall comply with Chapter 8.40 of the Huntington Beach Municipal Code.* 12. Prior to initiation of construction, Police and Fire Department shall be notified and the Department shall be kept informed about duration and extent of construction throughout the process. PC Minutes - 1/23/91 -14- (8889d) �J 13. The developer shall participate in the City's Green Acres project by installing separate water lines per Public Works standards, to allow for use of reclaimed water for irrigation on the site.* 14. An acoustical analysis must be conducted to guarantee compliance with the State Noise Insulation Standard of 46 db CNEL interior (habitable rooms) and the City of Huntington Beach Guidelines of 60 db CNEL exterior noise level for residential areas.* *Indicates a mitigation measure contained in Environmental Impact Report No. 90-1. C. CONSENT CALENDER C-1 PLANNING COMMISSION MINUTES DATED OCTOBER 2, 1990 A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG TO APPROVE THE PLANNING COMMISSION MINUTES DATED OCTOBER 2, 1990, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: Richardson, Newman MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED OCTOBER 23, 1990 A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG TO CONTINUE THE PLANNING COMMISSION MINUTES DATED OCTOBER 23, 1990, TO THE FEBRUARY 5, 1991 PLANNING COMMISSION MINUTES IN ORDER FOR THE SECRETARY TO CONFIRM INFORMATION ON A CERTAIN ITEM, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: Richardson, Newman MOTION PASSED D-1 CONDITIONAL USE PERMIT NO. 88-4 - ANNUAL REVIEW: APPLICANT: TECH YIN & KORK YAN/ROCKETS AND POCKETS LOCATION: 19091 Beach Boulevard, Unit L PC Minutes - 1/23/91 -15- (8889d) On October 18, 1988, the Planning Commission approved Conditional Use Permit No. 88-40, a request to permit a family billiards and arcade center known as "Rockets and Pockets" located at 19091 Beach Boulevard, Unit L. Condition No. 12 states that : "Conditional Use Permit No. 88-40 shall be approved for an initial period of five years with a six month review from the date of issuance of Certificate of Occupancy and report to the Planning Commission to insure compliance with all conditions of approval." (see Attachment No. 2). Subsequently the Planning Commission has accepted and approved the six month review (June 20, 1989) and annual review (January 23, 1990) for the subject site (see Attachment Nos. 3 and 4). The family billiard and arcade was found to be in substantial compliance with the conditions of approval. The Planning Commission directed staff to schedule an annual review of the use. The Commission asked staff if all adjacent property owner's had been notified. Staff explained that they could not get the information in a timely manner, but that past experience showed that the neighbors would have complained if there were any problems. So far there have been no complaints. A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO APPROVE THE ANNUAL REVIEW OF CONDITIONAL USE PERMIT NO. 88-40, WITH THE CONDITION OF NOTIFYING THE HOMEOWNER'S ASSOCIATION AND RECEIVING NO OPPOSITION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED D-2 CONDITIONAL USE PERMIT NO 89-3/CONDITIONAL EXCEPTION (VARIANCE) NO 89-5/NEGATIVE DECLARATION NO. 88-43 - EXTENSION OF TIME: APPLICANT: SATRA DEVELOPMENT CORPORATION LOCATION: 7801 Garfield Avenue (North side, approximately 225 feet west of Florida Street) The applicant is requesting a one year extension of time for Conditional Use Permit No. 89-3 in conjunction with Conditional Exception (Variance) No. 89-5, which was approved by the Planning Commission on February 22, 1989. The approval of Conditional Use Permit No. 89-3 permitted the construction of an 8 unit apartment complex. PC Minutes - 1/23/91 -16- (8889d) Conditional Exception (Variance) No. 89-5 will allow the apartment complex driveway, which exceeds 150 feet in length, to provide a 9 foot by 19 foot car turnaround in lieu of a minimum 40 foot cul-de-sac or hammerhead turnaround as required by Article 9605(f)(2) of the Huntington Beach Ordinance Code. After approval of the project in 1989, the original property owner (Magdy Hanna) sold the project to Satra Development Corporation. Since purchasing the property, Satra Development Corporation experienced project delays due to locating and properly abandoning an oil well discovered on the property by the Fire Department. This unforseen problem forced the applicant to seek refinancing of the project in order to begin construction. A one year extension of time was granted by the Planning commission on March 6, 1990. A MOTION WAS MADE BY ORTEGA, SECOND BY SHOMAKER, TO APPROVE A ONE YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 89-3/CONDITIONAL EXCEPTION (VARIANCE) NO. 89-5/NEGATIVE DECLARATION NO. 88-43 BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-3 HUNTINGTON BEACH CENTRAL PARK EQUESTRIAN CENTER: - Applicant: National Equestrian Center - Status of compliance on conditions of approval Location: 18381 Goldenwest Street Mike Strange, Senior Planner gave an update to the Commission on the status of compliance to date. After a brief discussion, the Commission requested staff to keep an eye on the berming so it is done correctly. E. DISCUSSION ITEMS E-1 ANGUS OIL UPDATE Mike Strange, Senior Planner gave an update on the Angus Oil project. PC Minutes - 1/23/91 -17- (8889d) F. PLANNING COMMISSION INQUIRIES Commissioner Kirkland asked staff if it would be policy to ask for 20% affordable housing on all future residential requests. Staff replied that it would be one of the programs implemented, but they will not limit themselves to that one. G. PLANNING COMMISSION ITEMS Commissioner Richardson: Bonding Policy and Procedure(s) for Conditions of Approval Commissioner Richardson asked staff what criteria is used in the bonding policies and procedures for the conditions of approval. Other questions included what determines the amount, and who is responsible for enforcement. Staff explained that the bond is set into the conditions of approval, and if they are not met the burden of cost lies on the applicant. Staff stated that the cost of the bond is determined by the cost of removal and if conditions are not met we typically hold up the Certificate of Occupancy. H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development reiterated action taken at the City Council meeting of January 22, 1990. I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, AT 9:30 PM TO ADJOURN TO A 5:30 STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON FEBRUARY 5, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Newman, Bourguignon ABSTAIN: None MOTION PASSED /kj 1 APPROVE BY: F1 I L(_c Mike Adams, Secretary Plan g Commi 'on Chairperson PC Minutes - 1/23/91 -18- (8889d)