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HomeMy WebLinkAbout1991-03-05APPROVED 4116191 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 5. 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, P 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. Debbie Cook, 6692 Shetland, spoke against General Plan Conformance No. 91-3, a non-public hearing item scheduled on the evening's agenda. Ms. Cook was concerned with the City transfering property to a developer, when the community could be better served by keeping the land. She stated it could be used for a reservoir for the Green Acres project or other such use. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 90-66 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO. 90-46/TENTATIVE PARCEL MAP NO. 90-392 (CONTINUED FROM THE FEBRUARY 20, 1991 PLANNING COMMISSION MEETING): APPLICANT: MR. BART DEBOE LOCATION: 112-114 - i8th. Street (Eastside of 18th. Street approximately 175 feet north of Pacific Coast Highway) At the February 20, 1991 Planning Commission meeting, after a public hearing and Commission discussion, the applicant requested the Planning Commission continue the item to their next regularly scheduled meeting. This permitted the applicant to address the Planning Commission's concerns regarding the special permit requests for an increase in maximum site coverage and a reduction of the upper story setback. No direction was given regarding the two (2) special permit requests for a reduction of the minimum dimension for common open space and a reduction of the minimum dimension and area for private open space. The applicant has resubmitted plans which have incorporated the Planning Commission's direction regarding; reducing the maximum site coverage to 50% and providing a minimum 51 -0" average upper story setback (see Attachment No. 2). The revised plans indicate a maximum site coverage calculation of 50% (2,731 square feet) and an exterior alley upper story setback average of 5' -4". The front and rear upper story setback remain unchanged at 61 -4" and 11' -9" respectfully. To accomplish this, the applicant has eliminated second story deck overhangs along the exterior alley elevation and by reducing and rearranging the third floor plan. Staff does recommend that final building elevations be submitted for review and final approval to the Design Review Board. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 90-66 with Special Permits, Coastal Development Permit No. 90-46 and Tentative Parcel Map No. 90-392 with findings and suggested conditions of approval. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 20, 1990 PLANNING COMMISSION MEETING AT WHICH TIME THE PUBLIC HEARING WAS CLOSED. CHAIRMAN KIRKLAND RE -OPENED THE PUBLIC HEARING. Bart DeBoe, 19732 Bowman Lane, applicant, stated he was there to answer any questions the Commission may have. Kaz Begovich, 3821 Long Beach Boulevard, spoke in favor of the project and stated he was there to answer any questions the Commission may have. The Commission had no questions of the applicant. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. I I PC Minutes 3/5/91 -2- (9294d) A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 90-66 WITH SPECIAL PERMITS WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: None ABSTAIN: Bourguignon MOTION PASSED A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE COASTAL DEVELOPMENT NO. 90-46 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: None ABSTAIN: Bourguignon MOTION PASSED A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE TENTATIVE PARCEL MAP NO. 90-392 NO. 90-392 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: None ABSTAIN: Bourguignon MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-66: 1. The location, site layout, and design of the proposed three (3) unit townhouse development with three (3) special permits does properly adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The overall project and the building mass and bulk are properly addressed and are compatible with the adjacent structures and uses. 2. The proposed three (3) unit townhouse development with three (3) special permits is compatible with surrounding properties in terms of architecture and orientation. The site layout, building bulk and building mass are properly addressed through design implementation. PC Minutes 3/5/91 -3- (9294d) 3. The development for a three (3) unit townhomes project with three (3) special permits does conform to the provisions contained in the Downtown Specific Plan, District 2. 4. Conditional Use Permit No. 90-66 for a three (3) unit townhouse development with three (3) special permits is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. As proposed by the applicant the intent of the land use designation and zoning is to provide a better living environment and promote aesthetically pleasing development. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits do promote a better living environment by adapting the Downtown Specific Plan, District 2 requirements which would enhance the area and provide a compatible project with the surrounding area: a. A reduction of the minimum dimension for common open space. b. A reduction of the minimum dimension and minimum area for private open space. c. A reduction of the minimum ten (10) foot average for the upper story setback along the public right-of-way. 2. The requested special permits do provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. I 3. The requested 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. The building bulk, building mass and overall project design are properly addressed and will not be a detriment to the surrounding neighborhood. 4. The requested special permits are consistent with the objectives of the Downtown Specific Plan, District 2 standards in achieving a development adapted to the terrain and compatible with the surrounding environment. The proposed project does provide a better living environment and an aesthetically pleasing project through design implementation. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 90-44: 1. The development of a three (3) unit townhouse project with special permits as proposed by Coastal Development Permit No. 90-44 does conform with the plans, policies, requirements and standards of the Coastal Element. I PC Minutes 3/5/91 -4- (9294d) 2. The development of a three (3) unit townhouse project with special permits is consistent with the CZ suffix, the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance code applicable to the property. 3. Coastal Development Permit No. 90-44 at the time of occupancy the proposed three (3) unit townhouse project with special permits will provide infrastructure in a manner that is consistent with the C-LUP. 4. The development of a three (3) unit townhouse project with special permits as proposed by Coastal Development Permit No. 90-44 does conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 90-392: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for a three (3) unit townhouse development with three (3) special permits are in compliance with the standard plans and specifications on file Subdivision Map Act and the Supplemental City Subdivision Ordinance. The subdivision as proposed for townhouse purposes is properly designed to the zoning designation and Downtown Specific Plan, District 2 by the use of land planning techniques and the use of aesthetically pleasing architecture, landscaping, site layout and design. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of High Density Residential and Downtown Specific Plan, District 2 zoning were implemented. The request to develop a three (3) unit townhouse development with three (3) special permits is designed properly. 3. The site is relatively flat and physically suitable for the proposed density of three (3) units. As proposed, the subdivision for purposes of a three (3) unit townhouse development with three (3) special permits is designed properly. 4. Tentative Parcel Map No. 90-392 for a three (3) unit townhouse development with three (3) special permits is consistent with the goals and policies of the Huntington Beach General Plan. The project does provide a better living environment through proper land planning techniques. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 26, 1991 shall be the conceptually approved layout. I PC Minutes 3/5/91 -5- (9294d) 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, I 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. 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). f. Final building elevations shall be reviewed and approved by the Design Review Board. g. Elevations shall depict colors and building materials as approved by the Design Review Board on January 17, 1991. h. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturaly 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. i. 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. I PC Minutes 3/5/91 -6- (9294d) j. 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. k. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. 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 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 Huntington 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. 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. c. Final Parcel Map No. 90-392 shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. d. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the each townhouse residence will be maintained as one (1) dwelling unit. e. Perimeter fencing plans which depict decorative materials require Design Review Board approval. 4. The Public Works Department requirements are as follows: Ia. Submit a grading plan for review and approval. PC Minutes 3/5/91 -7- (9294d) b. The applicant shall dedicate 2 1/2 feet on each alley side of the subject lot. c. All applicable Public Works fees shall be paid. 5. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. c. The applicant shall meet all applicable local, State and Federal Fire Codes, ordinances, and standards. d. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. e. Address numbers will be installed to comply with City Specification No. 428. f. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and 431 for the abandonment of oil wells and site restoration. g. 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. 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. 9. 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; PC Minutes 3/5/91 -8- (9294d) 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. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. Prior to final building permit approval, 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. 12. The applicant/property owner shall be responsible for paying the Traffic Impact Fee adopted by the City Council prior to final building permit inspection. 13. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. 14. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan at the time of final building permit inspection. 15. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. 16. Conditional Use Permit No. 90-66 and Coastal Development Permit No. 90-46 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. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 90-392: 1. The tentative parcel map received and dated January 17, 1991, shall be the conceptually approved layout. 2. Public Works requirements are as follows: a. Dedicate 2 1/2 feet on each alley side of the subject property. PC Minutes 3/5/91 -9- (9294d) b. Remove, replace and construct new curb, gutter and sidewalk along 18th. Street. C. Improve both alleys to centerline and construct concrete alley gutter. I d. Construct full concrete apron at alley and 18th. Street intersection. e. Relocate the power poles along both alleys to the satisfaction of the Public Works Department. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed (if such systems exist within 200 feet of said parcel(s)). 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed (if such systems exist within 200 feet of said parcel(s). 5. All utilities shall be installed underground at the time said parcel is developed. 6. Compliance with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Community Development. 8. At least 60 days prior to recordation of the final parcel map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. B-2 CONDITIONAL USE PERMIT NO, 91-3: APPLICANT: WILLIAM S. SIRACUSE LOCATION: 835 Main Street, Huntington Beach, CA Conditional Use Permit No. 91-3 is a request to permit a 290 square foot addition to an existing legal nonconforming structure pursuant to Section 9652 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-3 with findings and suggested conditions of approval. I PC Minutes 3/5/91 -10- (9294d) I I I The Commission discussed whether parking would be a problem. Staff did not feel it would be. THE PUBLIC HEARING WAS OPENED. Connie Mandic, 1112 Main Street, adjacent property owner read a letter into the record from another adjacent property owner regarding the required five (5) foot setback. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-3 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-3: 1. The location, site layout, and design of the proposed addition to the existing multi -family use properly adapts the proposed structures to street, driveways and other adjacent structures and uses in a harmonious manner. 2. The alteration is necessary to secure added safety, reduce fire hazard and improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-3: 1. The site plan, floor plans, and elevations received and dated January 9, 1991, shall be the conceptually approved layout subject to the following modification: a. The addition shall maintain a five (5) foot setback from the interior side yard. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. PC Minutes 3/5/91 (9294d) b. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 4. 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. B-3 SPECIAL SIGN PERMIT NO, 91-1: APPLICANT: MR. RAY NEWTON LOCATION: 7551 Burton Drive (South of Slater Avenue, 100 feet west of Griffin Lane) Special Sign Permit No. 91-1 is a request to permit a 210 square foot non -illuminated business identification wall sign in lieu of the Code permitted 88 square feet of sign area pursuant to Section 9610.5(c) of the Huntington Beach Ordinance Code. The applicant's request is a result of the land use enforcement process. On October 2, 1990, the applicant was cited for the placement of a wall sign without the issuance of building permits. As part of the enforcement process the applicant was directed to comply with the sign code or remove the sign. As noted, the applicant's sign is greater than allowed by the sign code and, therefore, the applicant has applied for the special sign permit to maintain the sign. STAFF RECOMMENDATION: Staff recommends the Planning Commission deny Special Sign Permit No. 91-1 with findings. THE PUBLIC HEARING WAS OPENED. Ray Newton, 7551 Burton Drive, applicant, stated that he was not aware he needed a permit to put up the sign. He also stated that he needs the sign bigger than code permits because of visibility. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission suggested a continuance in with the applicant to come up with other more suitable for the business. order for staff to work sign options that may be I I I PC Minutes 3/5/91 -12- (9294d) I I A MOTION WAS MADE BY ORTEGA, SECOND,BY RICHARDSON, TO CONTINUE SPECIAL SIGN PERMIT NO. 91-1 TO THE MARCH 19, 1991 PLANNING COMMISSION MEETING, TO ALLOW STAFF AND THE APPLICANT TO COME UP WITH ALTERNATIVE SIGN PROGRAMS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED DECEMBER 18, 1990 A MOTION WAS MADE BY LEIPZIG, SECOND BY SHOMAKER, TO APPROVE THE PLANNING COMMISSION MINUTES DATED DECEMBER 18, 1990, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: Richardson, Newman, MOTION PASSE C-1 PLANNING COMMISSION MINUTES DATED JANUARY 8, 1991 A MOTION WAS MADE BY LEIPZIG, SECOND BY SHOMAKER, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JANUARY 8, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 PLANNED SIGN PROGRAM NO, 90-17: APPLICANT: ULTRANEON SIGN COMPANY LOCATION: 16060 Beach Boulevard, #156 (Southeast corner of Beach Boulevard at Edinger Avenue) PC Minutes 3/5/91 -13- (9294d) Planned Sign Program No. 90-17 is a request to permit neon tubing and raceways as part of a planned sign program for an existing commercial restaurant site pursuant to Section 9610.6 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Planned Sign Program No. 90-17 with findings and suggested conditions of approval. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO APPROVE PLANNED SIGN PROGRAM NO. 90-17 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Bourguignon (out of room) ABSTAIN: None MOTION PASSE FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO, 90-17: 1. Planned Sign Program No. 90-17 will provide signs that reflect a common theme for the existing restaurant building by incorporating similar design elements in terms of materials, colors, illumination, and sign type. 2. Planned Sign Program No. 90-17 provides for signs that will be compatible with the architectural style and colors of the buildings. 3. The signs will be compatible with other signs in the surrounding commercial vicinity and with the sign criteria as outlined in Planned Sign Program No. 90-17. CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO. 90-17: 1. The location, size, colors and materials shall be generally as shown on the site plans and building elevation dated received January 31, 1991. 2. All internally illuminated signs shall comply with the Huntington Beach Electrical Sign criteria. 3. Prior to issuance of buildings permits, the applicant/owner shall complete the following: a. All conditions as specified herein shall be completed. I PC Minutes 3/5/91 -14- (9294d) I 4. No sign shall be installed, erected, -altered, or reconstructed without prior City approval and issuance of appropriate Building Division permits. 5. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. 6. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, or in the parking lot and - landscaped areas other than as permitted herein, excepted with the City and property owner's approval. 7. Any proposed sign that does not comply with the standards of Planned sign Program No. 90-17 shall be subject to review by the Design Review Board and approval of a Special Sign Permit by the Planning Commission. 8. This planned sign program 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. 9. All nonconforming signs as noted in Article 961, Signs of the Huntington Beach Ordinance Code shall be removed and made to conform at the time any remodel, reconstruction, renovation or alterations is proposed for any structure included in Planned Sign Program No. 90-17. 10. This planned sign program may be modified pursuant to subsequent amendments to Article 961 of the Huntington Beach Ordinance Code (Sign Code) or based upon any future remodeling of the building or change of use. Approval of this planned sign program is subject to the requirements and conditions as noted herein and is in conformance with the intent of the planned sign program provision of the Huntington Beach Ordinance Code. 11. The Planning Commission reserves the right to revoke Planned Sign Program No. 90-17 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. D-2 PARKING MANAGEMENT PLAN - PIERSIDE PAVILION: APPLICANT: CALIFORNIA RESORTS LOCATION: 300 Pacific Coast Highway (Northeast corner of Pacific Coast Highway and Main Street) PC Minutes 3/5/91 -15- (9294d) The proposed Parking Management Plan was required as a condition of approval on Conditional Use Permit No. 90-37 in conjunction with Coastal Development Permit No. 90-21. Conditional Use Permit No. 90-37 and Coastal Development Permit No. 90-21 were approved by the Planning Commission on July 24, 1990, and allowed for modification of the square footage mix among various types of uses at the Pierside Pavilion. Specifically, the modification allowed for a reduction in the retail square footage and an increase in the restaurant square footage from the original entitlements, resulting in a demand for 27 additional parking spaces (for a total of 947 spaces required). A total of 920 spaces are available, located at Pierside Pavilion and in the adjacent City parking structure. The 27 space difference was to be made up through the use of valet parking at the Pierside Pavilion, and a Parking Management Plan was required to ensure its efficient and safe operation. The parking plan must designate valet and self -parking areas, describe the method of valet operation, and provide for a system of validated parking. TAFF RECOMMENDATION: Staff recommends the Planning Commission approve the proposed Parking Management Plan with conditions of approval. A continuance was requested by the applicant to work with staff regarding the valet parking. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO CONTINUE PARKING MANAGEMENT PLAN FOR PIERSIDE PAVILION TO THE APRIL 2, 1991 PLANNING COMMISSION MEETING, AT THE APPLICANTS REQUEST, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig D-3 LIMITED SIGN PERMIT NO, 91-2: APPLICANT: AMERICAN SAVINGS LOCATION: 7830 Edinger Limited Sign Permit No. 91-2 is a request to permit a "face change" to an existing non -conforming pole sign. The sign exceeds the maximum height and area permitted by Section 9610.5(b) of the Huntington Beach Ordinance code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Limited Sign Permit No. 91-2 without additional sign area or automated teller information with findings and suggested conditions of approval. PC Minutes 3/5/91 -16- (9294d) 11 Commissioner Newman and Commissioner Richardson stated they must disqualify themselves because of financial reasons, and left the room. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO APPROVE LIMITED SIGN PERMIT NO. 91-2 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: Richardson, Newman MOTION PASSED FINDINGS FOR APPROVAL - LIMITED SIGN PERMIT NO. 91-2: 1. Allowing the maintenance of the sign for an additional two years will not adversely affect other signs in the area. 2. The proposed extension of time will not be detrimental to property located in the vicinity of such sign, and will be in keeping with the character of the surrounding area. 3. The sign in its existing location along Edinger Avenue will not obstruct pedestrian or vehicular traffic vision. 4. Due to the unique circumstances applicable to the sign, immediate alteration, removal or replacement of the sign will result in a substantial economic hardship. CONDITIONS OF APPROVAL - LIMITED SIGN PERMIT NO, 90-8: 1. The site plan and sign elevation received and dated January 22, 1991, shall be the conceptually approved layout with the following modifications: a. No additional sign area shall be permitted. b. No automated teller information shall be permitted. 3. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $5,000 with the City for the purpose of indemnifying the City for any and all costs incurred with the applicable provisions of the sign ordinance after two years from the date of approval, or remodel of the property, whichever comes first, the City of Huntington Beach or its agents or employees may enter the property where said sign is located and remove said sign and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. PC Minutes 3/5/91 -17- (9294d) 4. Limited Sign Permit No. 91-2 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, and returned to the Planning Division; and until the ten day appeal period has elapsed. CONDITIONS OF APPROVAL - LIMITED SIGN PERMIT NO, 91-2: 1. The site plan and elevations received and dated January 22, 1991 shall be the conceptually approved layout with the following modifications: a. No additional sign area shall be permitted. b. No automated teller information shall be permitted. D-4 A REQUEST FOR A 60-DAY EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO, 89-37 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-77: APPLICANT: DENNIS G. FOSTER/EVANGELICAL FREE CHURCH LOCATION: Church Facility: 1912 Florida Avenue Auxiliary Lot: 250 feet south of church facility The applicant is requesting a third extension of time for a maximum of 60-days for Conditional Use Permit No. 87-37 in conjunction with Conditional Exception (variance) No. 87-77, which was approved by the Planning Commission on February 2, 1988. Conditional Use Permit No. 87-37 is a request to remodel and expand the existing Evangelical Free Church and develop an off -site auxiliary parking lot to accommodate 117 new parking spaces to meet additional parking needs. The church expansion will include additional sanctuary seating, offices and classrooms. Conditional Exception (Variance) No. 87-77 is a request to allow the church addition to have a front yard setback of 10 feet in lieu of a required 15 feet. This reduced setback would be consistent with the existing setback of the church facility. Included with this variance request was the proposed construction of a bus garage in the auxiliary parking lot with a zero foot setback along the rear and interior side yards in lieu of a five (5) foot setback as required by Code. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve a maximum 120-day extension of time for Conditional Use Permit No. 87-37 and Conditional Exception (Variance) No. 87-77, with all previous conditions of approval to remain in effect and two (2) new conditions. I PC Minutes 3/5/91 _18- (9294d) I I Commissioner Kirkland disqualified himself due to his residence in close proximity to the project. The Chair was turned over the Commissioner Shomaker. Dennis Foster, 10418 Rainbow Circle, applicant spoke to the Commission regarding the continuance. He explained the difficulties and delays he has been experiencing and urged the Commission to approve the 120-day extension of time. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO APPROVE A 120-DAYS EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 89-37 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-77, WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT AND TWO (2) NEW CONDITIONS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: Kirkland MOTION PASSED ADDITIONAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 87-37/ CONDITIONAL EXCEPTION (VARINACE) NO, 87-77: 1. The developer shall be responsible for the payment of Traffic Impact Fees at the time of final building permit inspection. 2. The developer shall be responsible for payment of any additional fees adopted in the upcoming Water Division Master Plan. D-5 GENERAL PLAN CONFORMANCE NO, 91-3: APPLICANT: CITY OF HUNTINGTON BEACH, DEPARTMENT OF ADMINISTRATIVE SERVICES LOCATION: Northwest corner of Goldenwest Street and Clay Avenue. General Plan Conformance No. 91-3 is a request to review the disposition of a 12,240 square foot parcel owned by the City of Huntington Beach, as it conforms to the City's General Plan. The subject property is currently vacant. The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any city until the location, purpose, and extent of such activity has been recorded upon as to conformity with the adopted General Plan. PC Minutes 3/5/91 -19- (9294d) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve General Plan Conformance No. 91-3 with findings. I Commissioner Ortega disqualified herself because of the close proximity of her residence to the project. Commissioner Leipzig spoke in opposition to the request. He stated that the site should be retained for a water resevoir or other public purposes. A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN TO APPROVE GENERAL PLAN CONFORMANCE NO. 91-3 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland NOES: Richardson, Bourguignon, Leipzig ABSENT: None ABSTAIN: Ortega SPLIT VOTE - MOTION FAILS: ITEM AUTOMATICALLY CONTINUED TO THE MARCH 19, 1991 PLANNING COMMISSION MEETING E. DISCUSSION ITEMS Commissioner Newman - questioned staff about the Sign Code. A discussion ensued among the Commissioners regarding the code. It was suggested that Land Use establish an inventory of non -conforming signs as a base to get action started. It was also suggested that the City use caution in the use of generic signs. Commissioner Bourguignon - questioned staff as to how the Glass Room Ordinance was progressing. Staff stated they would bring a full report of the progress to the next Planning Commission meeting. Commissioner Ortega - questioned Mike Adams regarding a phone call she had received from Harold Yu (Sp?) regarding the demolition of a garage. Mike Adams stated that he had been trying to return the phone calls from the above mentioned man, with no success. Commissioner Bourguignon - again requested that staff consider forming a Policy Committee. A Policy Committee was then formed with the following Commissioners appointed: Roy Richardson, Susan Newman, Ken Bourguignon. Ll PC Minutes 3/5/91 -20- (9294d) Commissioner Richardson - stated that he was unaware of the fact that if a motion by the Commission results in a tie vote no action is taken and the item is automatically continued to the next regularly scheduled meeting, according to the Planning Commission By -Laws. Commissioner Richardson referred back to the vote of the Commissioners on Meadowlark Conceptual Master Plan, which ended in such a vote. With this information given to him 24 hours before the meeting and the fact the 'item was not agendized he requested the Commission vote to adopt a Statement of Exception with the finding that he was not aware of such a by-law. A MOTION WAS MADE BY RICHARDSON, SECOND BY ORTEGA, TO ADOPT A STATEMENT OF EXCEPTION OF THE HUNTINGTON BEACH PLANNING COMMISSION, IN ORDER FOR THE COMMISSION TO DISCUSS THE RECONSIDERATION VOTE OF MEADOWLARK CONCEPTUAL MASTER PLAN WHICH WAS NOT AGENDIZED, WITH THE FINDING THAT COMMISSIONER RICHARDSON WAS UNAWARE OF THE SPLIT VOTE BY-LAW, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Ortega, Bourguignon NOES: Kirkland, Leipzig ABSENT: None MOTION PASSED STATEMENT OF EXCEPTION OF THE HUNTINGTON BEACH PLANNING COMMISSION WHEREAS, the agenda for Planning Commission meeting of March 5, 1991, was duly posted at least 72 hours in advance of the meeting; and Information was received by a Planning Commission member within the last 24- to 48- period; and Said information relates to an item not agendized as should have been after a split vote by the Planning Commission at the meeting of February 20, 1991, automatically continuing said item to the next regularly scheduled meeting (Reconsideration of vote of Meadowlark Master Plan); and Serious concerns have been raised about the omission of said item. NOW, THEREFORE, by a two-thirds vote of the Huntington Beach Planning Commission that a need to discuss and/or re -vote has arisen since the posting of the agenda. PASSED AND ADOPTED the 5th. day of March 1991. AYES -Richardson, Newman, Shomaker, Ortega, Bourguignon NAYES Kirkland, Leipzig ABSENT -None PC Minutes 3/5/91 -21- (9294d) After a discussion among the Commissioners and staff it was decided to let the decision stand, as it was already on appeal to the City Council. In the interest of expedience, it was decided that the best solution would now be to let the request follow this course. The Commissioners discussed foregoing the act of reconsideration except on the eve of the action. It was said that this may be in the best interest of all involved. Also, the by-laws of the Planning Commission should be reviewed with this possible revision included. Commissioner Ortega stated that she did not wish to delete any by-laws, but possibly add to them. She feels things need to be on record. Counsel informed the Commissioners that this matter of discussion is of public interest and should not be discussed unless it is agendized and noticed to the public. A MOTION WAS MADE BY KIRKLAND, SECOND BY LEIPZIG, TO HAVE TWO COMMISSIONERS MEET WITH SARAH LAZARUS, DEPUTY CITY ATTORNEY, TO DISCUSS THE REVIEW OF PLANNING COMMISSION BY-LAWS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Bourguignon, Leipzig NOES: Ortega ABSENT: None ABSTAIN: None MOTION PASSED F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEM Mike Adams, Director of Community Development reiterated action taken at the March 4, 1991 City Council meeting. He stated the project on appeal from the Planning Commission known as "Third Block West" was acted upon and the Planning Commission's action was upheld, also on appeal from Planning Commission was a 33 unit project located at Warner and Leslie, this decision was also upheld. Mr. Adams informed the Commission that they have also been invited to sit in on a City Council Study Session. PC Minutes 3/5/91 -22- (9294d) I I. A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO ADJOURN THE MARCH 19, 1991 REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /ki 1 APPROVE Y* Mike AdAr�s, S'e'cieta ry Newman, Shomaker, Kirkland, Ortega, Leipzig P�fafi�n Commis-sion Chairperson PC Minutes 3/5/91 -23- (9294d)