HomeMy WebLinkAbout1991-10-081
APPROVED 3/3/92
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
OCTOBER 8, 1991
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:30 PM
ASCON LIQUID WASTE REMOVAL PLAN - CONDITIONAL USE PERMIT
HOLLY-SEACLIFF SPECIFC PLAN
MSI STUDY
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P P P
ROLL CALL: Richardson, Newman, Shomaker, Kirkland, Dettloff,
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.
None
A motion was made by Shomaker, second by Dettloff to bring
Item D-1 to the front of the agenda the motion was passed
unanimously. Please note the Minutes will reflect this item
in its original order.
B. PUBLIC HEARING ITEMS - PROCEDURE: Staff Report, Commission
Discussion, Public Hearing, Action
B-1 RECONSIDERATION OF THE PLANNING COMMISSION'S APPROVAL OF ZONE
CHANGE NO. 91-2/TENTATIVE PARCEL MAP NO. 89-322/USE PERMIT
NO. 90-63/ENVIRONMENTAL ASSESSMENT NO. 91-13 (CONTINUED FROM
THE SEPTEMBER 4, 1991 PLANNING COMMISSION MEETING):
APPLICANT: Stevinson Porto and Pierce, Inc.
LOCATION: 2810 Huntington Street
Zone Change No. 91-2, Tentative Parcel Map No. 89-322, and Use
Permit No. 90-63 is a request for a zone change from R2 (Medium
Density Residential) to R3 (Medium -High Density Residential) on a
remnant 2,580 square foot parcel. If approved, the 2,580 square
foot subject parcel will be combined with an existing 19,030 square
foot R3 parcel to allow the addition of two (2) apartment units to
an existing thirteen (13) unit apartment complex.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Zone Change
No. 91-2, Tentative Parcel Map No. 89-322 and Use Permit No. 90-63
as previously approved with all previous findings and conditions of
approval to remain in effect.
THE PUBLIC HEARING WAS OPENED.
Michael Porto, 18195 McDurmott East, Suite C, Irvine, CA, stated he
was there to answer any questions the Commission may have.
Louise Okey, 20761 Aquatic Lane, spoke in support of the request.
He stated the funds from the sale of the land would be used to
enhance the church, therefore, enhancing the neighborhood.
Ron Novkow, 17132 Englewood, spoke in support of the request. He
stated the project was possible the best transition from single
family homes to apartments. He also stated that leaving the lot
vacant was undesirable.
Jan Murphy, 8272 Southport, spoke in support of the request. She
stated the lot left vacant was very dangerous.
Rosalie Kroepil, 2620 Huntington, spoke in opposition to the
request. She was concerned with additional traffic.
Harry Monck, 303 Cleveland Drive, spoke in opposition to the
request. Mr. Monck felt that a single family custom home would be
the best option for the vacant lot.
Gary Beard, 7492 Seabluff, #107, spoke in support of the request.
He was concerned with leaving the lot vacant.
PC Minutes - 10/8/91 -2- (2442d)
1
Marge Mitchell, Board of Trustees for the church, spoke in support
of the project.
John Yeiser, 302 Cleveland, spoke in opposition to the request. He
was concerned with higher density, more traffic and drugs.
Don Stephens, 7401 Seabluff Drive, #105, spoke in support of the
request. Mr. Stephens stated he had driven by at various times of
the day and never noticed a parking problem in that area.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission questioned staff as to the fate of the proposed
project if the adjacent project was recycled. Staff told the
Commission the new project would then have to stand alone. They
also discussed the actual size of the lot and the drawbacks of
leaving the lot vacant.
A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER TO APPROVE ZONE
CHANGE NO. 91-2, TENTATIVE PARCEL MAP NO. 89-322 AND USE PERMIT NO.
90-63 AS PREVIOUSLY APPROVED WITH ALL PREVIOUS FINDINGS AND
CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland
NOES: Dettloff, Bourguignon, Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
B-2 CONDITIONAL USE PERMIT NO. 91-28/LOT LINE ADJUSTMENT NO 91-1
(CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION
MEETING)•
APPLICANT: Mark Keller/Farhad Rezai
LOCATION: Seabridge Center, 8052 Adams Avenue
Conditional Use Permit No. 91-28/Lot Line Adjustment No. 91-01 is a
request to construct a new parking lot at Seabridge Center located
on the southeast corner of Beach Boulevard and Adams Avenue pursuant
to Section D of the Seabridge Specific Plan. The lot line
adjustment will reflect the new parking lot boundary and expand the
area of a vacant commercial parcel to the west. These items were
continued from the September 4, 1991 Planning Commission meeting in
order to allow staff time to review a revised parking layout
submitted as a result of non-concurrance of a co-owner of the
property with the application. At the September 17, 1991 Planning
Commission meeting the items were continued again because it
appeared an agreement with the adjacent property owner could be
reached.
PC Minutes - 10/8/91 -3- (2442d)
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional
Use Permit No. 91-28 with findings and suggested conditions of
approval.
The Commission discussed the amendment of Condition of Approvel
No.3.g. They also discussed the parking.
THE PUBLIC HEARING WAS OPENED.
Richard Landes, 20042 Beach Boulevard, spoke in support of the
request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE
CONDITIONAL USE PERMIT NO. 91-28 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-28:
1. The location, site layout, and design of the proposed parking
lot properly adapts the proposed lot, streets, driveways, and
other adjacent structures and uses in a harmonious manner.
2. The combination and relationship of one proposed use to another
on a site are properly integrated. Proper entrances, drive
aisles and circulation patterns are established with the new
parking to layout.
3. The access to and parking for the proposed parking lot does not
create an undue traffic problem. Proper circulation through the
lot and/or turnaround space is provided.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-28:
1. The site plan, floor plans, and elevations received and dated
October 2, 1991 shall be the conceptually approved layout with
the following modifications:
PC Minutes - 10/8/91 -4- (2442d)
a. The two parking spaces located in Sakura's trash receptacle
area on the south side of the building shall be deleted from
the plan.
2. Prior to submittal for Building Permits, the applicant/owner
shall complete the following:
a. 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.
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 9607 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. Hydrology and hydraulic studies shall be submitted for Public
Works approval.
d. Pavement design shall be submitted for Public Works approval.
e. All applicable Public Works fees shall be paid.
f. 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.
PC Minutes - 10/8/91 -5- (2442d)
g. A lot line adjustment reflecting the new parking lot layout
shall be submitted to the Zoning Administrator for approval
prior to issuance of grading permit.
4. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised
when leaving the site;
b. Wet down areas in the late morning and after work is
completed for the day;
c. Use low sulfur fuel (.05% by weight) for construction
equipment;
d. Attempt to phase and schedule construction activities to
avoid high ozone days (first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
5. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.
6. The Planning Commission reserves the right to revoke this
conditional use permit if any violation of these conditions or
the Huntington Beach Ordinance Code occurs.
7. This conditional use permit shall not become effective for any
purpose until an "Acceptance of Conditions" form has been
properly executed by the applicant and an authorized
representative of the owner of the property and returned to the
Planning Division.
8. This conditional use permit 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.
1
PC Minutes - 10/8/91 -6- (2442d)
B-3 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF COASTAL
DEVELOPMENT PERMIT NO. 91-22 (CONTINUED FROM THE SEPTEMBER 17
1991 PLANNING COMMISSION MEETING):
APPLICANT: State of California Department of Transportation
APPELLANT: Hugh Hewitt
LOCATION: Pacific Coast Highway from Brookhurst Street to
Beach Boulevard. The dune restoration project
will extend from Brookhurst Street to the Edison
power plant.
Coastal Development Permit No. 91-22 is an appeal by Hugh Hewitt,
Attorney for Pacific Enviro Design which owns a portion of the
property proposed for dune restoration, of the Zoning
Administrator's approval of a request to widen Pacific Coast Highway
from Brookhurst Street to Beach Boulevard and implement a Dune
Restoration Project from Brookhurst Street to the Southern
California Edison Plant as required environmental mitigation
pursuant to Environmental Impact Report No. 85-2 (Pacific Coast
Highway widening project). The coastal development permit for the
highway widening project is being processed pursuant to Section
989.5.2 of the Huntington Beach Ordinance Code. The Dune
Restoration Project will be reviewed for "approval in concept" only
for a recommendation 'to the Coastal Commission.
Coastal Development Permit No. 91-22 was continued on September 17,
1991 to allow for proper legal notification of the project.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission uphold the Zoning
Administrator's action to approve Coastal Development No. 91-22 and
'approval in concept' for the Dune Restoration by denying the appeal.
A continuace was requested by the Attorney for the current property
owners, Mark McGuire. Mike Adams, Director of Community
Development, suggested that the Commission take testimony from the
Attorneys from both sides before deciding on a continuance. The
Commission agreed.
THE PUBLIC HEARING WAS OPENED.
Mark McGuire, representing property owners, stated his request for
continuance was intiated because of unresolved concerns regarding
the lowering of the property value on the parcel.
Ralph H. Neal, representing CalTrans, strongly objected to the
continuance. Mr. Neal stated he was not notified of this request.
He also stated his strong concern that further delays will increase
cost on project and repeated continuances will cause the project to
be recycled.
PC Minutes - 10/8/91 -7- (2442d)
A discussion ensued among the Commissioners regarding the rights to
call a continuance, based on property owners request. Counsel did
suggest that a continuance be granted because of the fact that all
parties were not present this evening because a continuance had been
expected.
A MOTION WAS MADE BY KIKRLAND, SECOND BY SHOMAKER TO CONTINUE THE
APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT
PERMIT NO. 91-22 TO THE OCTOBER 22, 1991 PLANNING COMMISSION MEETING
WITH THE PUBLIC HEARING CONTINUED OPEN, BY THE FOLLOWING VOTE:
AYES: Shomaker, Kirkland, Bourguignon
NOES: Richardson, Newman, Dettloff, Leipzig
ABSENT: None
ABSTAIN: None
MOTION FAILED
A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON, TO RECONSIDER
THE PREVIOUS VOTE, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon
NOES:
Leipzig
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN TO CONTINUE THE
APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT
PERMIT NO. 91-22 TO THE OCTOBER 22, 1991 PLANNING COMMISSION MEETING
WITH THE PUBLIC HEARING CONTINUED OPEN, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon
NOES:
Leipzig
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
B-4 ADDENDUM TO FINAL EIR NO. 89-1/GENERAL PLAN AMENDMENT NO. 91-2
(CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION
MEETING)•
APPLICANT: Pacific Coast Homes/City of Huntington Beach
LOCATION: The Holly-Seacliff Masterplan Area
0
u
PC Minutes - 10/8/91 -8- (2442d)
Pacific Coast Homes has submitted General Plan Amendment No. 91-2 in
order to shift seven (7) acres of commercial from the southeast
intersection of Garfield Avenue and Edwards Street to the southwest
intersection of Garfield Avenue and Goldenwest Street. Also, the
applicant is requesting to shift residential densities near the
intersection of Garfield Avenue and Main Street which will result in
no additional units. The third request is to permit oil
production/oil consolidation in the two (2) industrial land use
areas.
The requested amendments to the Holly-Seacliff Master Plan require
the processing of a general plan amendment to the City's Land Use
Element. In order to process the amendment, staff has prepared an
addendum to the original environmental impact report. Section 15164
of the California Environmental Quality Act states "The lead agency
shall prepare an addendum to an environmental impact report if only
minor technical changes or alterations are necessary to make the
environmental impact report under consideration adequate under the
California Environmental Quality Act and no new significant effects
on the environment are raised."
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission:
A. Accept as adequate the Addendum to Final Environmental Impact
Report No. 89-1 by adopting Planning Commission Resolution No.
1450 and forward to the City Council; and
B. Approve General Plan Amendment No. 91-2 by adopting Planning
Commission Resolution No. 1451 and forward to the City council
for adoption.
The Commission discussed combining Items B-4 and Items B-5 for
action or continuance at this evenings meeting. By a straw vote the
items were combined by a vote of six (6) ayes, Commission Newman noe.
The Commission asked that the School Board's conerns and the request
to change residential area to industrial be addressed in Item B-4.
B-5 ZONE CHANGE NO. 90-10/CODE AMENDMENT NO 90-10 (CONTINUED FROM
THE SEPTEMBER 17, 1991 PLANNING COMMISSION MEETING):
APPLICANT: Pacific Coast Homes/City of Huntington Beach
LOCATION: The Holly-Seacliff Masterplan Area
On January 8, 1990, the City Council adopted the Holly-Seacliff
Master Plan and certified Final Environmental Impact Report No. 89-1
for the Holly-Seacliff area. The Master Plan designates types of
land uses and densities while Final Environmental Impact Report No.
89-1 addresses environmental impacts resulting from future
development in the area. In order for development to occur, staff
is recommending that a Specific Plan be adopted for a portion of the
Holly-Seacliff Master Plan area in order to fully address the goals
PC Minutes - 10/8/91 -9- (2442d)
and policies in the Master Plan
measures in Final Environmental
Huntington Beach has initiated
Amendment No. 91-10 in order to
Specific Plan for 569 acres in
STAFF RECOMMENDATION:
and to implement the mitigation
Impact Report No. 89-1. The City of
Zone Change No. 91-10 and Code
establish the Holly-Seacliff
the Holly-Seacliff Master Plan area.
Staff recommends that the Planning Commission approve Zone Change
No. 91-10 and Code Amendment No. 91-10 with modifications proposed
by staff and based on findings and forward to the City Council for
adoption.
The Commission requested staff to address their concerns in Item B-5
as follows:
1. Different classifications for Planning Areas.
2. Relationship of Development Agreement No. 90-1 and the proposed
Holly-Seacliff Specific Plan.
3. Oil Overlay Zones.
4. Access and Circulation on realigned Gothard Street between
Ernest Street and Garfield Avenue.
5. Traffic concerns.
6. Non -Arterial circulation plan and access points.
7. Bus turnouts.
8. Railway access.
9. Transportation corridor.
10. Traffic concerns.
11. Equestrian link to the Bolsa Chica Linear Park.
12. Density transfer.
13. Variances and Special Permits.
14. Development Standards.
15. Low Density Residential Areas.
16. Affordable housing.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO CONTINUE
ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1 AND GENERAL
PLAN AMENDMENT NO. 91-2, ZONE CHANGE NO. 90-10 AND CODE AMENDMENT
NO. 90-10 TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON OCTOBER
29, 1992 IN ORDER TO ADDRESS ALL CONCERNS OF THE COMMISSION, THE
SCHOOL DISTRICT AND THE APPLICANT, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
Fj
PC Minutes - 10/8/91 -10- (2442d)
1
B-6 CONDITIONAL USE PERMIT NO. 91-1/NEGATIVE DECLARATION NO 91-19:
APPLICANT: St. Wilfrid's of York Episcopal Church
LOCATION: 18631 Chapel Lane (westside of Chapel Lane
approximately 670 feet south of Ellis Avenue)
Conditional Use Permit No. 91-1 with a Special Permit and Negative
Declaration No. 91-19 is a request to permit the expansion of the
existing St. Wilfrid's Church facility. The proposal also includes
a joint use parking request and a special permit to allow a maximum
20% of the required parking spaces to be compact. The church
expansion includes a new 405 seat 11,850 square foot church, 7,230
square feet of new clasrooms/ administrative area, 1,105 square foot
addition to the new parish hall and 400 square feet of storage area
pursuant to Section 9630(c) of the Huntington Beach Ordinance Code.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Negative
Declaration No. 91-19 and Conditional Use Permit No. 91-1 with
Special Permit with findings and suggested conditions of approval.
Staff also added a condition of approval regarding the facility's
hours of operation for joint use parking.
THE PUBLIC HEARING WAS OPENED.
Charles Sacquety, applicant, stated he felt the project would
enhance the neighborhood, serve the parrish and the community.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE
CONDITIONAL USE PERMIT NO. 91-1 WITH SPECIAL PERMITS AND NEGATIVE
DECLARATION NO. 91-19 WITH FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes - 10/8/91 -11-
(2442d)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-1:
1. The location, site layout, and design of the proposed church
expansion plan properly adapts the proposed structures to streets,
driveways, and other adjacent structures and uses in a harmonious
manner. The proposed project conforms to code, provides adequate
parking and provides an improved overall site.
2. The combination and relationship of one proposed use to another on
a site are properly integrated. The three (3) general uses
on -site have been properly addressed through design and a joint
use parking plan.
3. The access to and parking for the proposed church expansion plan
does not create an undue traffic problem. Adequate code required
parking is provided and addressed through the joint use parking
plan and traffic/parking study.
FINDINGS FOR APPROVAL - SPECIAL PERMIT:
1. A traffic study prepared by a registered traffic engineer has been
submitted which document the impacts of the request.
2. The special permit will not adversely affect the circulation and
safety of the use, structure or site, or adjacent land uses.
3. The special permit will result in a more effective and efficient
circulation pattern and parking layout.
4. The special permit will enhance the general appearance of the
development and its surroundings.
5. The special permit will not be detrimental to the general public
health, safety, welfare, or convenience, nor injurious to property
values in the vicinity.
CONDITIONS OF APPROVAL _-_CONDITIONAL USE PERMIT NO. 91-1:
1. The site plan, floor plans, and elevations received and dated
September 24, 1991 shall be the conceptually approved layout.
2. The facility's hours of operation for joint use parking shall be
as follows:
Pre-school
AA meetings
AA meetings
Funeral/Wedding
Religious Services/
Sunday School
Monday - Friday
Monday - Friday
Monday - Friday
Saturday TBA*
7:00 AM - 1:00 PM
7:00 AM - 8:15 AM
8:00 PM - 10:00 PM
Sunday 7:30 AM - 10:30 AM
PC Minutes - 10/8/91 -12- (2442d)
*Schedule of events shall not be in conflict with the availability
of on -site parking. Minor modifications to the hours of operation
shall be subject to review and approval of the Community
Development Department.
3. 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 proposed.
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. 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.
e. 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, soil corrosivity,
fill properties, foundations, retaining walls, streets, and
utilities.
f. The site plan shall include (or reference page) all conditions
of approval imposed on the project printed verbatim.
4. 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 9607 of the Huntington Beach
Ordinance Code. The set must be approved by both departments
prior to issuance of building permits.
PC Minutes - 10/8/91 -13- (2442d)
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. Hydrology and hydraulic studies shall be submitted for Public
Works approval.
d. All applicable Public Works fees shall be paid.
e. Joint use parking shall require that a Joint Use Parking
Agreement be recorded prior to issuance of permits. A copy of
the legal instrument shall be approved by 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.
f. Submit a Parking Management Plan for review and approval by the
Community Development Department which contains parking space
designations for staff/employees and parish members.
g. An interim parking and/or building materials storage plan shall
be submitted to the Department of Community Development to
assure adequate parking is available for employees, customers,
contractors, etc., during the project's construction phase.
5. The Public Works Department requirements are as follows:
a. The developer shall submit water improvement 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.
b. The water system shall be located within vehicular travelways
and dedicated to the City. The Developer shall be held
responsible for repairing any enhanced pavement, if the water
mains, etc., require repair or maintenance.
c. The developer will be responsible for payment of any additional
fees adopted in the upcoming Water Division Financial Master
Plan.
d. No combustible construction shall occur until an approved water
system is installed.
e. Developer shall use "drought tolerant" plans and turf for all
common area landscaping. Landscape plans shall be approved by
the Department of Public Works.
f. On -site sewers shall be private.
PC Minutes - 10/8/91 -14- (2442d)
g. The developer will be responsible for the payment of the
Traffic Impact fees at the time building permits are issued.
h. Drainage flows from adjacent properties shall not be
obstructed. Flows shall be accommodated per Public Works
Department requirements.
i. On -site drainage shall not be directed to adjacent properties,
but shall be released and relinquished to the City except at
locations approved by the Planning Commission.
j. The public sidewalk shall be removed and replaced.
k. The existing trees within the public sidewalk shall be removed.
1. The existing driveway shall be removed.
m. The proposed driveways shall be the radius type and 27 foot
minimum width.
n. Developer shall install separate irrigation service.
6. 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.
b. A fire alarm system will be installed to comply with Huntington
Beach Fire Department and Uniform Fire Code Standards. The
system will provide the following:
1. Manual Pulls
2. Water flow, valve tamper and trouble detection
3. 24 hour supervision
4. Smoke Detectors
5. Audible Alarms
c. Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
d. Two (2) fire hydrants will be installed prior to combustible
construction.
e. Fire lanes will be designated and posted to comply with City
Specification No. 415.
f. 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 six
(6) inches with a brush stroke at one and one-half (1-1/2)
inches.
PC Minutes - 10/8/91 -15- (2442d)
g. 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
(24 foot or 27 foot fire lanes, turnarounds and 17 foot by 45
foot radius turns).
h. Submit to the Fire Department for approval a Fire Protection
Plan containing requirements of Fire Department Specification
No. 426.
i. Exit signs and exit path markings will be provide in compliance
with the Huntington Beach Fire Code and Title 24 of the
California Administrative Code.
j. The project will comply with all provisions of the Huntington
Beach Fire Code and City Specification No. 422 and No. 431 for
the abandonment of oil wells and site restoration.
k. 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.
1. This project must meet all requirements of State Fire Marshall
for classrooms.
m. The applicant shall meet all applicable local, State and
Federal Fire Codes, Ordinances and standards.
7. The development shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
8. 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.
9. Installation of required landscaping and irrigation systems shall
be completed prior to final inspection/within twelve (12) months.
10. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised when
leaving the site;
b. Wet down areas in the late morning and after work is completed
for the day;
c. Use low sulfur fuel (.05% by weight) for construction equipment;
d. Attempt to phase and schedule construction activities to avoid
high ozone days (first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
PC Minutes - 10/8/91 -16- (2442d)
1
11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00
PM. Construction shall be prohibited Sundays and Federal holidays.
12. Prior to final building permit approval or issuance of a
Certificate of Occupancy, the following shall be completed:
a. 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.
13. A review of the use shall be conducted within six (6) months of
the issuance of Certificate of Occupancy or final building permit
approval to verify compliance with all conditions of approval and
applicable Articles of the Huntington Beach Ordinance Code. If,
at that time, there is a violation of these conditions or code
sections, Conditional Use Permit No. 91-1 and Negative Declaration
No. 91-19 may become null and void.
14. The Planning Commission reserves the right to revoke Conditional
Use Permit No. 91-1 if any violation of these conditions or the
Huntington Beach Ordinance Code occurs.
15. This conditional use permit shall not become effective for any
purpose until an "Acceptance of Conditions" form has been properly
executed by the applicant and an authorized representative of the
owner of the property, and returned to the Planning Division.
16. Conditional Use Permit No. 91-1 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-7 CONDITIONAL USE PERMIT NO. 91-30 (REVISED)/CONDITIONAL EXCEPTION
(VARIANCE) NO. 91-44:
APPLICANT: Gang Xu, Sakura Japanese Restaurant
LOCATION: 8052 Adams Avenue
Conditional Use Permit No. 91-30 (Revised) is a request to add dancing
to a previously approved conditional use permit for live
entertainment. Conditional Exception (Variance) No. 91-44 is a
request to allow a reduction of three (3) parking spaces, pursuant to
Section 9.220.12 and Section 9602.2.F(3) of the Huntington Beach
Ordinance Code.
PC Minutes - 10/8/91 -17- (2442d)
Conditional Exception (Variance) No. 91-30 has been initiated because
the proposal does not comply with the Huntington Beach Ordinance Code,
Article 960 in the following areas:
1. Section 9602.2.F(3) specifices that one (1) parking space be
provided for every 50 square feet of area devoted to dancing.
The applicant is requesting relief from providing the requisite
three (3) additional parking spaces.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional Use
Permit No. 91-30 (Revised) and Conditional Exception (Variance) No.
91-44 with findings and suggested conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Richard Landes, 20042 Beach Boulevard, spoke in support of the project.
Mark Hyams, 20331 Bluffside, spoke in support of the project, but in
opposition to valet parking. He stated they did not do enough
business to necessitate valet parking.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed changing the parking requirements and waive
the three (3) spaces with a condition allowing them to revisit the
parking if the business became a huge success. Staff suggested
incorporating a six (6) month review into the conditions.
A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE
CONDITIONAL USE PERMIT NO. 91-30 (REVISED) AND CONDITIONAL EXCEPTION
(VARIANCE) NO. 91-44 WITH FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon
NOES:
Leipzig
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-30 (REVISED):
1. The location, site layout and design of the
properly adapts the proposed structures to
and other adjacent structures and uses in a
manner. The existing site was developed as
restaurant and related use.
proposed dancing
streets, driveways,
harmonious
and can support a
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2. The combination and relationship of one proposed use to
another on a site are properly integrated. The existing site
was developed as and can support a restaurant and related use.
3. The access to and parking for the proposed dancing does not
create an undue traffic problem.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91-44:
1. The granting of a conditional exception for parking is
necessary in order to preserve the enjoyment of one or more
substantial property rights.
2. The granting of Conditional Exception (Variance) No. 91-44 for
parking will not be materially detrimental to the public
health, safety and welfare, or injurious to the conforming
land, property, or improvements in the neighborhood.
3. The granting of this conditional exception from Section 9601.2
of the Huntington Beach Ordinance Code will not defeat the
general purposes or intent of the code which is to provide
safe internal circulation, entrances and exits, drives and
aisles and allow unobstructed access from an aisle without
moving another vehicle for every required parking space.
4. The granting of the conditional exception for parking will not
adversely affect the General Plan of the City of Huntington
Beach.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 91-30 (REVISED)/
CONDITIONAL EXCEPTION (VARIANCE) NO 91-42:
1. A parking lot security guard shall be on duty during all dancing
events to monitor parking, trash and noise.
2. The hours of operation for dancing shall be:
Sunday - Thursday 9:00 PM - 12:00 AM
Friday - Saturday 9:00 PM - 1:30 AM
5. A review of the use shall be conducted within six (6) months of
the issuance of the Entertainment Permit approval to verify
compliance with all conditions of approval and applicable
Articles of the Huntington Beach Ordinance Code. If, at that
time, there is a violation of these conditions or code sections,
Conditional Use Permit No. 91-30 (Revised) and Conditional
Exception (Variance) No. 91-44 may become null and void. In
addition, this review may address a reconsideration of a shared
valet parking plan with the Crazy Burro Restaurant.
6. The Planning Commission reserves the right to modify the terms
of this Conditional Use Permit No. 91-30 (Revised) and
Conditional Exception (Variance) No. 91-44 if any violation of
these conditions or the Huntington Beach Ordinance Code occurs.
PC Minutes - 10/8/91 -19- (2442d)
7. This Conditional Use Permit No 91-30 (Revised) and Conditional
Exception (Variance) No. 91-44 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-8 CONDITIONAL USE PERMIT NO_.91-43/COASTAL DEVELOPMENT PERMIT
NO, 91-24•
APPLICANT: Ross Boydell, REB Design
LOCATION: 3522 Venture Drive (approximately 360 feet
westerly on Sundancer Lane, on the south side of
Venture Drive, in Huntington Harbour)
Conditional Use Permit No. 91-43 and Coastal Development Permit No.
91-24 is a request to permit a new single family dwelling with a 110
square foot, third story loft and to allow the dwelling to exceed
the maximum height of 25 feet, pursuant to Section 9110.4(A) of the
Huntington Beach Ordinance Code.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional
Use Permit No. 91-43 and Coastal Development Permit No. 91-24 with
findings and suggested conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Ross Boydell, 1018 N. Lemon Street, Orange, CA, architect for the
project. Mr. Boydell spoke in support of the project and submitted
pictures to the Commission showing similar three (3) story houses.
Steven Graboff, 3522 Venture Drive, spoke in support of the
request. He felt it would be an enhancement to the neighborhood.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed height code and the CC&R's.
PC Minutes - 10/8/91 -20- (2442d)
1
A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE
CONDITIONAL USE PERMIT NO. 91-43 AND COASTAL DEVELOPMENT PERMIT NO.
91-24 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-43:
1. The proposed construction of a single family residence with a
second story height of 26 feet, 9 inches and a third floor 110
square foot loft will not have a detrimental effect upon the
general health, welfare, safety and privacy of persons working
or residing in the vicinity or will not be detrimental to the
value of the property and improvements in the vicinity. The
proposal as designed, meets and or exceeds the code
requirements for a third story and, therefore, will not be
detrimental to the surrounding neighborhood.
2. The proposed construction of a single family residence with a
second story height of 26 feet, 9 inches and a third floor 110
square foot loft is compatible with existing or proposed uses
in the vicinity. The proposed third story loft is located at
the rear of the house and, therefore, will be compatible with
the existing and surrounding two (2) and three (3) story
residences of the Huntington Harbour area.
3. The location, site layout and design of the proposed
construction of a single family residence with a second story
height of 26 feet, 9 inches and a third floor 110 square foot
loft is properly related to the streets, drive and other
structures and uses in the vicinity in a harmonious manner.
The location of the third story windows are properly related
and, therefore, will be harmonious with existing structures
and uses.
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4. The proposed construction of a single family residence with a
second story height of 26 feet, 9 inches and a third floor 110
square foot loft is consistent with the goals and policies of the
Huntington Beach General Plan. The General Plan allows for a wide
variety of housing types and the proposal as submitted conforms to
the provision of a third story addition as implemented through the
zoning ordinance and the plans and policies of the Housing element
of the General Plan.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-24:
1. The proposed construction of a single family residence with a
second story height of 26 feet, 9 inches and a third floor 110
square foot loft as proposed by Coastal Development Permit No.
91-24 conforms with the plans, policies, requirements and
standards of the Coastal element.
2. The proposed construction of a single family residence with a
second story height of 26 feet, 9 inches and a third floor 110
square foot loft as proposed by Coastal Development Permit No.
91-24 is consistent with the CZ suffix, low density residential
development standards, as well as other provisions of the
Huntington Beach Ordinance Code applicable to the property.
3. The proposed construction of a single family residence with a
second story height of 26 feet, 9 inches and a third floor 110
square foot loft as proposed by Coastal Development Permit No.
91-24, will have available, infrastructure in a manner that is
consistent with the C-LUP.
4. The proposed construction of a single family residence with a
second story height of 26 feet, 9 inches and a third floor 110
square foot loft as proposed by Coastal Development Permit No.
91-24 conforms with the public access and public recreation
policies of Chapter 3 of the California Coastal Act.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-43/COASTAL
DEVELOPMENT PERMIT NO. 91-24:
1. The site plan, floor plans, and elevations received and dated
September 12, 1991 shall be the conceptually approved layout.
2. Prior to submittal for building permits, the applicant/owner shall
complete the following:
a. Floor plans shall depict natural gas and 220V electrical shall
be stubbed in at the location of clothes dryers; natural gas
shall be stubbed in at the locations of cooking facilities,
water heaters, and central heating units; and low -volume heads
shall be used on all spigots and water faucets.
PC Minutes - 10/8/91 -22- (2442d)
1
b. 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.
c. Elevations shall depict colors and building materials proposed.
d. 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. All applicable Public Works fees shall be paid.
b. The property owner shall sign, notarize, and record with the
County Recorder a "Letter of Agreement" assuring that the
single family residence will be maintained as one (1) dwelling
unit.
c. Grading plan required.
4. Fire Department requirements are as follows:
a. An automatic fire sprinkler system throughout building shall be
approved and installed pursuant to Fire Department regulations.
b. Provide tow (2) inch water meter per Water Department
requirements.
5. The development shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
6. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off -site facility equipped to handle them.
7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00
PM. Construction shall be prohibited Sundays and Federal holidays.
8. Prior to final building permit inspection, the following shall be
completed:
a. All improvements to the property shall be completed in
accordance with the approved plans and conditions of approval
specified herein.
9. The Planning Commission reserves the right to revoke Conditional
Use Permit No. 91-43 if any violation of these conditions of the
Huntington Beach Ordinance Code occurs.
PC Minutes - 10/8/91
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10. This conditional use permit shall not become effective for any
purpose until an "Acceptance of Conditions" form has been properly
executed by the applicant and an authorized representative of the
owner of the property, and returned to the Planning Division.
11. Conditional Use Permit No. 91-43 and Coastal Development Permit
No. 91-24 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.
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PC Minutes - 10/8/91 -24- (2442d)
11
B-9 SPECIAL SIGN PERMIT NO, 91-5:
APPLICANT: Mr. Robert Cocchi/Toys-R-Us
LOCATION: Shopping center on the southeast corner of
Goldenwest Street and Edinger Avenue
Special Sign Permit No. 91-5 is a request to permit a 20 square foot
illuminated business identification monument sign with a sign
separation of 100 feet and 150, pursuant to Section 9610.7 of the
Huntington Beach Ordinance Code.
The Special Sign Permit has been initiated because the proposal does
not comply with the Huntington Beach Ordinance Code. Article 961,
Section 9610.5(b) specifies that monument signs shall be located a
minimum distance of 200 feet apart.
STAFF_ RECOMMENDATION:
Staff recommends that the Planning Commission approve Special Sign
Permit No. 91-5 with findings and suggested conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Robert Cocchi, representing applicant, stated he was there to answer
any questions the Commission may have.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE
SPECIAL SIGN PERMIT NO. 91-5 WITH FINDINGS AND CONDITIONS OF APPROVAL,
BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 91-5:
1. Strict compliance with Article 976 will result in a substantial
economic hardship to the applicant.
2. The proposed illuminated monument sign will not adversely affect
other signs in the area.
PC Minutes - 10/8/91
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3. The proposed illuminated monument sign will not be detrimental
to property located in the vicinity of such sign; and will be
compatible with the surrounding area.
4. The proposed sign at the proposed location will not obstruct
pedestrian or vehicular traffic vision.
CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 91-5:
1. The site plan and sign elevations dated September 11, 1991 shall
be the approved layout.
2. The approved sign will become part of Planned Sign Program No.
88-8 and Use Permit No. 76-52 previously approved.
3. The Planning Commission reserves the right to rescind this
special sign permit approval in the event of any violation of
the terms of the applicable zoning laws. Any such decision
shall be preceded by notice to the applicant and a public
hearing and shall be based on specific findings.
B-10 CONDITIONAL USE PERMIT NO 91-34/CONDITIONAL EXCEPTION
(VARIANCE) NO 91-33/TENTATIVE PARCEL MAP NO. 91-248/NEGATIVE
DECLARATION NO. 91-31:
APPLICANT: RPP Architect & Associates
LOCATION: 17221 and 17231 Beach Boulevard
Conditional Use Permit No. 91-34 is a request to permit the
establishment of a new 2,460 square foot restaurant pursuant to
Section 9220.1(c) and to permit the sale of alcoholic beverages for
on -site consumption pursuant to Section 9636 of the Huntington Beach
Ordinance Code.
Tentative Parcel Map No. 91-248 is a request for consolidation of
two (2) existing 11,400 square foot lots for the purposes of
establishing a restaurant.
Conditional Exception (Variance) No. 91-33 has been initiated
because the proposed project does not comply with the Huntington
Beach Code in the following areas:
1. Section 9220.3 requires a minimum frontage of 100 feet on
commercially zoned lots. The applicant has requested an
exception of 96 feet after consolidating two existing 48 foot
wide lots.
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PC Minutes - 10/8/91 -26- (2442d)
1
2. Section 9606.3 allows a non-residential development to have 20
percent of the total number of spaces as compact parking
provided there be a minimum of 20 spaces. The applicant has
requested 17 compact spaces (41%) of the 41 required spaces
for the restaurant.
3. Section 9601.2 specifies that every required parking space
have unobstructed access from an aisle without moving other
vehicles. The applicant has requested approval of two (2)
tandem employee parking spaces located to the rear of the
building.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Negative
Declaration No. 91-31, Conditional Use Permit No. 91-34, Conditional
Exception (Variance) No. 91-33 and Tentative Parcel Map No. 91-248
with findings and suggested conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Bozena Jaworski, architect for the project, spoke for the request
and stated he was there to answer any questions the Commission may
have.
Art Stanlow, designer of project, spoke for the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission asked staff if they could eliminate the trash
enclosure area and get additional parking. Staff replied that was
not possible.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE
CONDITIONAL USE PERMIT NO. 91-34, CONDITIONAL EXCEPTION (VARIANCE)
NO. 91-33, TENTATIVE PARCEL MAP NO. 91-248 AND NEGATIVE DECLARATION
NO. 91-31 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING
VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes - 10/8/91 -27-
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-34:
1. The location, site layout, and design of the proposed
restaurant properly adapts the proposed structures to streets,
driveways, and other adjacent structures and uses in a
harmonious manner by providing reciprocal access and
sufficient distance from the residential structures.
2. The access to and parking for the proposed restaurant does not
create an undue traffic problem by separating the compact
spaces throughout the project and restricting the two (2)
tandem spaces for employees.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-33:
1. The granting of a conditional exception for reduced lot frontage,
tandem parking spaces and exceeding the maximum percentage of
compact spaces is necessary in order to preserve the enjoyment of
one or more substantial property rights by encouraging the use of
the commercial property.
2. The granting of Conditional Exception (Variance) No. 91-33 for
reduced lot frontage, tandem employee parking and exceeding the
maximum percentage of compact parking will not be materially
detrimental to the public health, safety and welfare, or injurious
to the conforming property in the neighborhood as the proposed
restaurant will be compatible with the adjacent commercial uses.
3. The conditional exception (variance) for reduced lot frontage,
tandem employee parking and exceeding the maximum percentage of
compact parking is consistent with the goals and objectives of the
City's General Plan and Land Use Map designation of General
Commercial by encouraging commercial uses where non -conforming
residential uses exist.
4. The granting of this conditional exception from Article 960 of the
Huntington Beach Ordinance Code will not defeat the general
purposes or intent of the code which is to provide safe and
adequate parking for all uses in the City of Huntington Beach.
5. The establishment, maintenance and operation of the proposed
restaurant will not be detrimental to the general welfare of
persons residing or working in the vicinity; and property and
improvements in the vicinity of such use or building.
6. The requested variances provide for maximum use of aesthetically
pleasing types of architecture, landscaping, design and building
layout by providing reciprocal access and additional landscaping.
7. The applicant is willing and able to carry out the purposes for
which the conditional exception (variance) is sought and will
proceed to do so without unnecessary delay.
PC Minutes - 10/8/91 -28- (2442d)
FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO 91-248:
1. The proposed consolidation of two (2) parcels for purposes of
commercial use is in compliance with the size of property
necessary for that type of development.
2. The General Plan has set forth provisions for this type of land
use as well as setting forth objectives for implementation of this
type of use in order to bring non -conforming uses into conformance
with the City's General Plan and Zoning Code.
3. The property was previously studied for this intensity of land use
at the time the land use designation for community business
district allowing commercial buildings was placed on the subject
property.
4. The size, depth, street width and other design and improvement
features of the proposed consolidation are proposed to be
constructed in compliance with standards plans and specifications
on file with the City as well as in compliance with the State Map
Act and supplemental City Subdivision Ordinance.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-34/CONDITIONAL
EXCEPTION (VARIANCE) NO. 91-33:
1. The site plan, floor plans, and elevations received and dated
September 30, 1991 shall be the conceptually approved layout with
any parking lot layout modifications as mutually agreed upon
between staff and the applicant.
2. Prior to submittal for building permits, the applicant/owner shall
complete the following:
a. Submit three copies of the site plan to the Planning Division
for addressing purposes. If street names are necessary, submit
proposal to Fire Department for review and approval.
b. Depict all utility apparatus, such as but not limited to
backflow devices and Edison transformers, on the site plan.
They shall be prohibited in the front and exterior yard
setbacks unless properly screened by landscaping or other
method as approved by the Community Development Director.
c. Floor plans shall depict natural gas and 220V electrical shall
be stubbed in at the location of clothes dryers; natural gas
shall be stubbed in at the locations of cooking facilities,
water heaters, and central heating units; and low -volume heads
shall be used on all spigots and water faucets.
d. Elevations shall depict colors and building materials as
approved by the Design Review Board.
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3.
g. 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.
h. 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. 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.
j. The site plan shall include (or reference page) all conditions
of approval imposed on the project printed verbatim.
Prior to issuance of building permits, the applicant/owner shall
complete the following:
a. A Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and must
be approved. The Landscape Construction Set shall include a
landscape plan prepared and signed 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 9607 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. Hydrology and hydraulic studies shall be submitted for Public
Works approval.
d. All applicable Public Works fees shall be paid.
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e. The subject property shall enter into irrevocable reciprocal
access agreements between the subject site and the adjacent
commercial 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.
f. An interim parking and/or building materials storage plan shall
be submitted to the Department of Community Development to
assure adequate parking is available for employees, customers,
contractors, etc., during the project's construction phase.
g. Perimeter fencing plans for review and approval which depict
decorative materials.
4. The Public Works Department requirements are as follows:
a. Driveway on Beach Boulevard shall be constructed per Orange
County Standard No. 1210.
b. A street light shall be installed if required.
5. Fire Department Requirements are as follows:
a. An automatic fire sprinkler system shall be approved and
installed pursuant to Fire Department regulations.
b. Service roads and fire lanes, as determined by the Fire
Department, 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 hydrants shall be provided in number and at
locations specified by the Fire Department.
e. The applicant shall meet all applicable local, State and
Federal Fire Codes, Ordinances, and standards.
f. Development shall meet all local and State regulations
regarding installation and operation of all underground storage
tanks.
g. Address numbers shall be installed to City Specification
No. 428 with minimum ten (10) inch letters and a brush stroke
of one and one-half (1-1/2) inches.
h. Exit signs and exit path markings shall be provided in
compliance with Huntington Beach Fire Code and Title 24 of the
California Administrative Code.
PC Minutes - 10/8/91
-31-
(2442d)
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;
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 or issuance of a
Certificate of Occupancy, the following shall be completed:
a. The applicant shall submit a parking management plan
identifying the means by which restaurant employees will be
required to utilize the tandem parking spaces.
b. The applicant shall obtain the necessary permits from the South
Coast Air Quality Management District and submit a copy to
Community Development Department.
c. All improvements (including landscaping) to the property shall
be completed in accordance with the approved plans and
conditions of approval specified herein.
d. Compliance with all conditions of approval specified herein
shall be accomplished.
12. Hours of operation shall be restricted from 11 AM to 10 PM Sunday
through Thursday, and 11 AM to 12 midnight Friday and Saturday.
13. The Planning Commission reserves the right to modify the terms of
Conditional Use Permit No. 91-34 if any violation of these
conditions or the Huntington Beach Ordinance Code occurs.
PC Minutes - 10/8/91 -32- (2442d)
14. Conditional Use Permit No. 91-34 shall become null and void unless
exercised within one (1) year of the date of final approval, or
such extension of time as may be granted by the Planning
Commission pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
15. The applicant/property owner shall be responsible for paying the
Traffic Impact Fee prior to final building permit approval.
CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 91-248:
1. The Tentative Parcel map received by the Department of Community
Development on September 30, 1991 shall be the approved layout.
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.
4. Sewage disposal shall be through the City of Huntington Beach's
sewage system at the time said parcel is development.
5. All utilities shall be installed underground at the time said
parcel is developed.
6. Development shall comply with all applicable City Ordinances.
7. A copy of the recorded parcel map shall be filed with the
Department of Community Development.
8. All vehicular access rights along Beach Boulevard shall be
dedicated to the City of Huntington Beach except at locations
approved by the Planning Commission.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED MAY 21 1991:
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE THE
PLANNING COMMISSION MINUTES DATED MAY 21, 1991, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
PC Minutes - 10/8/91 -33- (2442d)
C-2 GENERAL PLAN CONFORMANCE NO. 91-9: - Applicant: City of
Huntington Beach - Make a finding of conformity with the
General Plan for vacation of Chicago Avenue, west of Alabama
Street between Pecan Avenue and Atlanta Avenue.
The subject property is a 60 foot wide, 7,500 square foot strip of
land on the west side of Alabama Street, between Pecan and Atlanta
Avenues. It was originally acquired by the City for street
purposes. However, after completion of local street improvements
and development of the Huntington Bayshore Condominium project over
the street further to the west, it was determined to be surplus.
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 County or City until the location, purpose and
extent of such activity has been reported upon as to conformity with
the adopted General Plan.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve General Plan
Conformance No. 91-9 with findings and conditions of approval.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE
GENERAL PLAN CONFORMANCE NO. 91-9 WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Richardson,
Bourguignon,
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
Newman, Shomaker, Kirkland, Dettloff,
Leipzig
FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-9:
1. Encourage rational use of land and other natural resources
(Policy No. 3.4.2.7.1). The City has allowed development over
Chicago Street further to the west and determined that the use
of the remainder of this section of Chicago Street for public
street right-of-way is no longer needed and may be vacated to
the adjacent property owner for residential purposes with the
condition that the fire lane access be replaced.
PC Minutes - 10/8/91 -34- (2442d)
2. To provide and maintain a quality living environment so that
members of all economic, social, and -ethnic groups may reside in
Huntington Beach by providing a variety of housing types in all
areas of the City (Policy No. 4.3.2.5.1). Vacating this portion
of Chicago Street to the adjacent property owners allows the
area now in the street to be added into the density calculations
for the adjacent property and therefore, a potential increase in
housing for the residents of Huntington Beach.
3. To assure the adequate provision of sites for housing, the City
of Huntington Beach shall: identify and evaluate potential
housing sites located with convenient access to arterial
highways and public transportation, schools, parks, and
recreational facilities shopping areas, employment opportunities
(Policy No. 3.0). This subject site is located within the
Oldtown Specific Plan with convenient access to shopping and
employment. Vacating this portion of Chicago Street to the
adjacent property owners increases the allowable density and
therefore, potential housing on that site.
CONDITIONS OF APPROVAL - GENERAL PLAN CONFORMANCE NO 91-2:
1. Prior to the vacation of Chicago Street right-of-way, west of
Alabama Street, the adjacent property owner shall provide for
the conversion of existing fences on the north and south ends of
the Bayshore Condominium property into fire access gates to the
fifteen (15) foot landscape easement at Atlanta and Pecan
Avenues.
2. The Bayshore Homeowner's Association shall approve the
replacement gates and proposed project architectural and site
plan.
3. Design of the replacement gates shall meet Fire Department
requirements.
D. NON-PUBLIC HEARING ITEMS
D-1 PLANNED SIGN PROGRAM NO. 91-9 (CONTINUED FROM THE SEPTEMBER
17, 1991 PLANNING COMMISSION MEETING): - Applicant: William
Harmuth - Comprehensive Planned Sign Program including wall
signs and free-standing signs
LOCATION: Northwest corner of Adams and Magnolia
Planned Sign Program No. 91-9 is a request for a Comprehensive Sign
Program for an existing retail center. The request includes all
wall signs for the various tenants as well as two center
identification pole signs and two secondary business monument
signs. The planned sign program is required as a condition of
approval for Use Permit No. 89-62 which permitted the facade
improvements currently underway at the site.
PC Minutes - 10/8/91 -35- (2442d)
Planned Sign Program No. 91-9 was continued by the Commission from
the September 19, 1991 Planning Commission meeting at the request of
the applicant as the property owner could not attend the September
19, 1991 meeting.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Planned Sign
Program 91-9 as amended by staff with findings and suggested
conditions of approval.
A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO APPROVE PLANNED
SIGN PROGRAM NO. 91-9 AS AMENDED BY STAFF WITH FINDINGS AND
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Newman, Shomaker, Kirkland, Dettloff, Leipzig
NOES: Richardson, Bourguignon
ABSENT: None
ABSTAIN: None
MOTION PASSED
A discussion then ensued among the Commissioners regarding the
tenant panels. Some of the Commissioners felt they were taking away
four (4) businesses with the panels.
A MOTION WAS MADE BY DETTLOFF, SECOND BY SHOMAKER, TO RECONSIDER THE
PREVIOUS VOTE TO APPROVE AS AMENDED BY STAFF, BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon
NOES: Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON TO APPROVE
PLANNED SIGN PROGRAM NO. 91-9 AS SUBMITTED BY APPLICANT WITH EIGHT
(8) TENANT PANELS WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourguignon
NOES: Leipzig
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes - 10/8/91 -36- (2442d)
E. DISCUSSIO*i :'TEMS
None
F. PLANNING COMMISSION INQUIRIES
None
G. PLANNING COMMISSI3N ITEMS
Commissioner Kirkland - appointed Commissioner Shomaker to the
Ascon Committee
Commissioner Bourguignon - requested staff to keep him
informed as to when the glass rooms, Harbour Code, and solar
rooms would be incorporated into the code.
H. COMMUNITY DEVELOPMENT ITEMS
Mike Adams reiterated action taken at the Cctobev 7, 1991,
City Council meeting.
I. ADJOURNMENT
A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO ADJOURN TO A
5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON
OCTOBER 22, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT
7:00 P.M. BY THE FOLLOWING VOTE:
AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,
Bourruignon, Leipzig
NOES: Nonce
ABSENT: None
ABSTAIN: None
MOTION PASSED
/kj 1
APPROVED BY:
Mike A ams, ecretary P nning Commission Chairperson
PC Minutes - 10/8/91 -37- (2442d)