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HomeMy WebLinkAbout1991-10-221 APPROVED 3/3/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY OCTOBER 22, 1991 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A (Excused) 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. John Gustafson, 19161 Crystal Street, spoke in regards to the Holly-Seacliff application heard at this evenings Study Session and to be heard at the Public Hearing on October 22, 1991. He asked the Commission to give staff direction on what areas need to be further addressed. Chairman Kirkland requested that Items B-2, B-4, B-7 and B-8 be brought to the front of the agenda as these items were going to be continued or withdrawn. Please note the Minutes will reflect these items in their original order. B. PUBLIC HEARING ITEMS B-1 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 91-22 (CONTINUED FROM THE OCTOBER 8, 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 October 8, 1991 to allow for further review of the appeal issues. 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. The Commission discussed the issue of the dunes. They questioned if it would actually block view and diminish land values. They also questioned if they could actually move forward with project without true ownership. Counsel remined the Commission that the Dune Restoration was a mitigation measure. PC Minutes - 10/22/91 -2- (1490d) THE PUBLIC HEARING WAS OPENED. Hugh Hewitt, Attorney for the property owners, stated his confusion because the land was still owned by his clients. He stated that Caltrans was trying to buy the land from his clients cheaply and quietly. Mr. Hewitt also stated he felt the environmental document was inadequate. Robert Nastase, spoke in opposition to the request. Ralph Neal, Caltrans, stated that they cannot do anything until they get possession of the land, but if this application is approved they will be ready to proceed when the land is acquired. Mr. Neal also stated that the 1985 environmental impact report is valid, and they are required to do the dune restoration as a mitigation measure. Mr. Neal also stressed they were offering correct values for the land. Robert London Moore Jr., 18090 Beach Blvd., spoke in support of the project. Mr. Moore urges the Commission to approve the request, so the project could be done in a timely manner. William Curtis, 16581 Grunion, #305, spoke in opposition to the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Staff explained that because of the nature of this application the decision to be considered is if the widening of Pacific Coast Highway is consistent with the LCP and review of the dune restoration. Counsel agreed with staff and explained that the City did not have to wait until the land was obtained by Caltrans to approve the application. Again staff reiterated that the Commission should decide if the widening of Pacific Coast Highway was consistent with the LCP. Staff also explained that the dune restoration is a mitigation measure of the 1985 environmental impact report. When this application goes before the Coastal Commission they will want input from the Huntington Beach Planning Commission. The Commission's concerns regarding the approval of this application were possible lawsuit from current property owners and approving a project on land that is not yet owned by Caltrans. PC Minutes - 10/22/91 -3- (1490d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION TO APPROVE COASTAL DEVELOPMENT NO. 91-22 AND "DISAPPROVE IN CONCEPT" FOR THE DUNE RESTORATION BY DENYING THE APPEAL WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Bourguignon NOES: Dettloff, Leipzig ABSENT: Richardson ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-22: Highway widening portion only 1. The request to permit the widening of Pacific Coast Highway from Brookhurst Street to Beach Boulevard conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed project will result in improved coastal access, and will have no impact upon water and marine resources, public coastal views or energy facilities. 2. Coastal Development Permit No. 91-22 is consistent with the CZ suffix zoning requirements as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed project meets the standards of the City of Huntington Beach Department of Public Works for a six (6) lane highway. 3. The proposed highway widening will provide infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed highway widening conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will result in improved coastal access and recreation opportunities. FINDING FOR THE DENIAL OF "APPROVAL IN CONCEPT" FOR DUNE RESTORATION PROJECT ONLY• 1. The "Approval in Concept" for the Dune Restoration Project will be detrimental to property value because Caltrans does not own the property. SPECIAL CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-22• 1. The site plan, received and dated July 23, 1991 shall be the conceptually approved layout. PC Minutes - 10/22/91 -4- (1490d) 2. The applicant has obtained proof of ownership or right of possession for all portions of the proposed project. 3. Caltrans shall provide site specific drainage plans at the intersection of Pacific Coast Highway/Magnolia Street and Pacific Coast Highway/Brookhurst Street where fresh water runoff is expected to concentrate. These plans will divert runoff into buffer areas so that fresh water runoff does not have adverse effects on salt marsh vegetation. Caltrans will cooperate with the City of Huntington Beach to place culverts on Brookhurst to displace the runoff into the 17-acre parcel. 4. All highway run-off particulates, trash and debris shall be mitigated within the Caltrans right-of-way. 5. Timing of activities around Belding savannah sparrow nest sites should avoid the March 1 through July 30 breeding period. Construction on the inland side of Pacific Coast Highway shall be prohibited during this season. 6. Construction storage sites shall be located as to not impact any environmentally sensitive or palentological resources. 7. The following mitigation measures shall be adhered to: a. Construction dust and noise shall be controlled with the use of water trucks or sprinkler systems in all areas where vehicles will travel. These areas shall be kept damp enough to prevent dust raised when leaving the site. The area shall be wet down in the late morning and after work is completed each day; b. Use low sulfur fuel (.05% by weight) for construction equipment; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts; and e. Construction shall be limited to Monday - Saturday 7:00 AM to 7:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. Coastal access shall be preserved during construction to the maximum extent possible. The following conditions shall be met: a. Beach entrances at Beach Boulevard, Magnolia Street and Brookhurst Street shall not be closed from Memorial Day Weekend to Labor Day Weekend. If necessary, the Newland Street entrance may be closed with the concurrence of the Department of Parks and Recreation. PC Minutes - 10/22/91 -5- (1490d) b. The Department of Parks and Recreation shall be notified of any proposed beach access closures at least ninety (90) days prior to the proposed closure dates. c. A maximum of two (2) entrances may be closed at any time. d. Signs shall be posted at beach entrances notifying the public of proposed closure dates at least thirty (30) days prior to the closure date. e. Detour signs shall be posted to direct the public wishing to use the beach from closed entrances to open entrances. Signs shall be posted to reduce traffic on Pacific Coat Highway as much as possible. f. Crosswalks for pedestrian access to the beach shall be provided at entrances and shall be maintained. B-2 CONDITIONAL USE PERMIT NO. 87-5 - ONE YEAR REVIEW OF PARKING MANAGEMENT PLAN: APPLICANT: FHP, Inc. LOCATION: 19066 Magnolia Conditional Use Permit No. 87-5 - One (1) Year Review is a request for a one (1) year review of the FHP Senior Medical Center Parking Management Plan pursuant to the conditions of approval established for Conditional Use permit No. 87-5. The Planning staff conducted the analysis required for review of the Parking Management Plan for the FHP Senior Medical Center and advertised a public hearing to receive public testimony. Staff subsequently received a request from some of the shopping center tenants to postpone the hearing for a period of six (6) months pending litigation between FHP and the other commercial tenants at the Garfield Plaza Shopping Center (see Attachment No. 1). At this point, staff recommends that the Planning Commission consider the request for continuance and if a six (6) month continuance is deemed unreasonable, continue the item to November 5, 1991 for action. Staff is prepared to submit a recommendation regarding the review of the Parking Management Plan at the next scheduled Planning Commission meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Conditional Use Permit No. 87-5 - One (1) Year Review of Parking Management Plan to the November 5, 1991 Planning Commission meeting. PC Minutes - 10/22/91 -6- (1490d) THE PUBLIC HEARING WAS OPENED. John Gabrielle, adjacent property owner, spoke in opposition to the request. His concerns include insufficient parking and loss of tenants. Dale Kiken, Attorney for John Gabrielle, spoke in opposition to the request. Mr. Kiken is concerned with the parking. Ron Gray, FHP, spoke in support of the request. He stated the parking has improved. He also stated they had a back door installed. Harriet Meetz, FHP, stated she was there to answer any questions the Commission may have. Charles Johnson, adjacent property owner, spoke in opposition to the request. His major concern was insufficient parking. W. Worth, 19032 Magnolia, spoke in opposition to the request. He was concerned with inadequate parking. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners regarding parking. It was suggested that it may not be FHP taking up all the parking spaces. It was stated that this point was moot because there was available parking according to the studies and field checks. A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF TO CONTINUE THE ONE (1) YEAR REVIEW OF PARKING MANAGMENT PLAN FOR CONDITIONAL USE PERMIT NO. 87-5 BECAUSE OF PENDING LITIGATION WITH ADJACENT PROPERTY OWNERS TO THE NOVEMBER 5, 1991 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Dettloff, Leizig NOES: Newman, Shomaker, Kirkland, Bourguignon ABSENT: Richardson ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE THE ONE (1) YEAR REVIEW OF PARKING MANAGEMENT PLAN FOR CONDITIONAL USE PERMIT NO. 87-5, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED PC Minutes - 10/22/91 -7- (1490d) B-3 CONDITIONAL USE PERMIT NO. 91-44/COASTAL DEVELOPMENT PERMIT NO. 91-25• APPLICANT: NESI Investment Group LOCATION: 21641 Magnolia Street (southwest corner of Magnolia Street and Hamilton Avenue) Conditional Use Permit No. 91-44 and Coastal Development Permit No. 91-25 is a request to remove the liquid hazardous wastes and hazardous wastes containing free liquids from the pits and surface impoundments on the NESI site as ordered by the Santa Ana Regional Water Quality Control Board pursuant to the Toxic Pits Cleanup Act of 1984. Pursuant to Section 963 of the Huntington Beach Ordinance Code (Attachment No. 7), a conditional use permit is required for any excavation of a landfill or land disposal site. A coastal development permit is required as the subject property is located within the non -appealable portion of the Coastal Zone. The plan consists of a Removal Action Plan, a Health and Safety Plan and a Community Contingency Plan. The Removal Action Plan discusses the actual removal of the wastes. The Health and Safety Plan is designed to assure the health and safety of all clean-up personnel working on the site and the Community Contingency Plan is designed to protect the immediate community in the event of a release of hazardous materials beyond the perimeter of the site. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-44 in conjunction with Coastal Development No. 91-25 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Tom Mungari, 204-A Springfield Street, representing applicant spoke in support of the project. Mr. Mungari stated they were addressing all issues relevant to the clean-up. Glenn Howland, 21691 Kaneohe Lane, was concerned about the method of taking the waste out of the site and the zoning of site after clean-up. Beverly Titus, 9062 Bobbie Circle, member of the Ad -Hoc Committee, stated she was confident that all needs and conditions would be met. Ms. Titus did express some concern regarding the suggested ingress and egress and the wash off area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the ingress and egress and the impact it would have on the community. PC Minutes - 10/22/91 -8- (1490d) A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-44 IN CONJUNCTION WITH COASTAL DEVELOPMENT NO. 91-25 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-44: 1. The Removal Action Plans properly adapt proposed operations to the adjacent land uses. Hours of operation on the site and for truck traffic are restricted to minimize noise impacts to the residential neighborhood. The wash rack for the cleaning of the trucks prior to exiting the site is set back 100 feet from Magnolia Street. 2. Access to and from the site does not create an undue traffic problem. Ingress and Egress to the site is right in/right out only to maximize vehicular safety at the site. No trucks will be permitted to stack off -site. 3. The Removal Action Plans conform to the Operations Plan requirement contained in Article 963 of the Huntington Beach Ordinance Code. 4. The Removal Action Plan is not detrimental to the general welfare of persons working or residing in the vicinity. The plans contain adequate health and safety measures to ensure public safety on and around the site. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-25: 1. The proposed Removal Action Plan, Health and Safety Plan and Community Contingency Plan conform with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. The property is designed for Medium Density Residential development. Clean-up of the site will help to accomplish the approved land use for the site. 2. Coastal Development Permit No. 91-25 is consistent with the CZ (Coastal Zone) suffix, the LUD-O-FP zone as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The proposed clean-up of the site can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. PC Minutes - 10/22/91 -9- (1490d) 4. The proposed Removal Action Plan, Health and Safety Plan and Community Contingency Plan conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No coastal access or recreation is currently present on the site. The project will not impact the use of coastal resources. CONDITIONS OF APPROVAL: 1. The Removal Action Plan, Health and Safety Plan and Community Contingency Plan received and dated October 4, 1991 shall be the conceptually approved plan with the following modifications: On -Site Operations a. General Operations on the site shall be limited to 7:00 AM to 6:00 PM, Monday through Friday. b. The site shall be vacated, except for security and site monitoring personnel, between the hours of 7:00 PM to 7:00 AM, Monday through Friday and on weekends and federal holidays. c. Security personnel shall patrol the site during all non -operating hours. d. No motors or machinery shall operate during the hours of 6:00 PM to 7:00 AM, Monday through Friday, as well as on weekends and federal holidays. e. Odor suppressant foam shall be applied each day to seal working pits prior to shut down of site operations and shall be sufficient to suppress odors. If required, appropriate personnel shall re -apply foam during weekends, holidays, etc. f. Loaded transport trucks exiting the site shall generally be limited to the hours of 8:30 AM to 11:30 AM and 1:30 PM to 4:30 PM, Monday through Friday, no loaded trucks shall exit the site between the hours of 11:30 AM and 1:30 PM and 6:00 PM to 8:30 AM, Monday through Friday, as well as weekends and federal holidays. g. A maximum of two (2) loaded transport trucks per one-half (1/2) hour shall be permitted to exit the site between the hours of 4:30 PM and 6:00 PM, Monday through Friday. h. A maximum of two (2) transport trucks per one-half (1/2) hour shall be permitted to enter the site between 7:00 AM and 8:30 AM and 11:30 AM and 1:30 PM, Monday through Friday. No transport trucks shall enter the site between 4:00 PM and 7:00 AM, Monday through Friday, as well as weekends and federal holidays. PC Minutes - 10/22/91 -10- (1490d) 2. Prior to commencement of clean-up operations, the applicant/owner shall complete the following: a. All necessary permits and/or approvals from the Regional Water Quality Control Board, California Environmental Protection Agency, Air Quality Management District and any other applicable regulatory agencies shall be obtained. b. Fifteen (15) copies of the revised Removal Action Plans as modified by Condition No. 1 shall be submitted to the City for the file and for distribution to affected City Departments. 3. The required decontamination wash rack shall be set back a minimum of 100 feet from Magnolia street and shall be designed to contain all water and contaminates on -site. 4. A paved access road shall be constructed between the Magnolia Street access and the wash rack to prevent recontamination of the trucks prior to exiting the site. Said access road shall be maintained in a clean condition. 5. No trucks shall be permitted to stack up on Hamilton Avenue while waiting to enter the site. A truck stacking area shall be provided on -site. 6. Appropriate measures shall be taken to prevent dust from migrating from the site (watering, oiling or asphalting as necessary). 7. The applicant/property owner shall provide copies of the approved Removal Action Plans upon request through the duration of the clean-up operation. 8. The Planning Commission reserves the right to call a public hearing to amend this conditional use permit and coastal development permit and the conditions of approval at any time. 9. A review of this conditional use permit and coastal development permit shall be conducted within six (6) months of commencement of operation to verify compliance with all conditions of approval and to determine if the conditions of approval are adequate to protect the surrounding properties. Additional conditions may be imposed at this time if deemed necessary by the Planning Commission. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-94 and Coastal Development Permit No. 91-25 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 10/22/91 -11- (1490d) B-4 CONDITIONAL USE PERMIT NO. 91-35/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-28/COASTAL DEVELOPMENT PERMIT NO. 91-15: APPLICANT: James Gartner LOCATION: 4471 Los Patos Conditional Use Permit No. 91-35, Conditional Exception (Variance) No. 91-28 and Coastal Development Permit No. 91-15 is a request to permit an existing three (3) story home which exceeds the maximum zoning height to remain and to add 500 square feet to the third story. Pursuant to Section 9110.4(a), a conditional use permit is required for all single family homes which include a third story. A coastal development permit is required since the property is located within the non -appealable portion of the Coastal Zone. A conditional exception (variance) has been initiated because the proposal exceeds the maximum height for third stories (36.1 feet in lieu of 30 feet). STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-35, Conditional Exception (Variance) No. 91-28 and Coastal Development Permit No. 91-15 as modified by staff with findings and suggested conditions of approval. The applicant requested a continuance to the November 5, 1991 Planning Commission meeting, because of the absence of a key speaker. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO CONTINUE CONDITIONAL USE PERMIT NO. 91-35, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-28 AND COASTAL DEVELOPMENT PERMIT NO. 91-15 TO THE NOVEMBER 5, 1991 PLANNING COMMISSION MEETING AT THE APPLICANTS REQUEST, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED B-5 ZONE CHANGE NO. 91-4/NEGATIVE DECLARATION NO. 91-26: APPLICANT: Olaf Smildzins (Peninsula Pump) LOCATION: 7511 Warner Avenue Zone Change No. 91-4 in conjunction with Negative Declaration No. 91-26 is a request to change the zoning on a parcel of property from R2 (Medium Density Residential) to M1 (Limited Manufacturing), so as to permit the property owner to construct an industrial building on the site. PC Minutes - 10/22/91 -12- (1490d) 1 STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-26 and deny Zone Change No. 91-4 with findings and forward the application to the City Council for final determination. THE PUBLIC HEARING WAS OPENED. Mark Rogers, representing applicant, stated the purpose of the application is to improve the property. He said it would be inconsistent to put a residential use on a street that busy. He also stated that he disagreed with the findings for denial. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission questioned the current use, what improvements could be made without the zone change. They also asked if the zone change could be limited to stay only with the current business. Cousel explained that you could not condition a zone change to run only with the business. A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE ZONE CHANGE NO. 91-4 AND NEGATIVE DECLARATION NO. 91-26 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR FINAL DETERMINATION, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO. 91-4: 1. Although proposed zone change from R2- M1 does not conform with the Land Use Element of the General Plan, the site is less than an acre and is exempt from the zoning/general plan consistancy requirement. 2. The proposed zone change from R2 to M1 is consistent with the existing use of the property and is compatible with adjacent land uses. PC Minutes - 10/22/91 -13- (1490d) B-6 CONDITIONAL USE PERMIT NO. 91-42/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-41/NEGATIVE DECLARATION NO. 91-30: APPLICANT: Rainbow Transfer/Recycling, Inc. LOCATION: 17121-17200 Nichols Street (west side of Nichols Street approximately 375 feet south of Warner Avenue) Conditional Use Permit No. 91-42 is a request to add 13,300 square feet to the exiting Rainbow Transfer Station, construct a 37,900 square foot Materials Recycling Facility (MRF), and increase the permitted capacity of the transfer station from 2,000 to 2,800 tons per day. Conditional Exception (Variance) No. 91-41 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 953 with regard to building height. Section 9530.04 specifies that the maximum building height is 40 feet. The applicant is requesting that a portion of the Materials Recycling Facility building be allowed to extend to 55 feet. The proposal will also require a variance to Section 9608(1) of the Huntington Beach Ordinance Code regarding landscaping. The applicant is requesting that 3.8% of the net site area be landscaped in lieu of 8%. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-30, Conditional Use Permit No. 91-42 and Conditional Exception (Variance) No. 91-41 with findings and suggested conditions of approval. A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO CONTINUE THE PUBLIC HEARINGS PAST THE HOUR OF 11:00 PM, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED THE PUBLIC HEARING WAS OPENED. Ron Shankman, 15682 Sunflower Lane, representing Rainbow Transfer/Recycling, 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. PC Minutes - 10/22/91 -14- (1490d) A MOTION WAS MADE BY DETTLOFF, SECOND BY SHOMAKER, TO APPROVE NEGATIVE DECLARATION NO. 91-30, CONDITIONAL USE PERMIT NO. 91-42 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-41 WITH FINDINGS AND SUGGESTED CONDITIONS OF,APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Richardson, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-42: 1. The location, site layout, and design of the proposed transfer station and recycling center properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The buildings are set back at least 300 feet from the street, and are surrounded by predominantly industrial uses. On -site traffic routes are clearly delineated. 2. The combination and relationship of one proposed to another on the site are properly integrated. Commercial and general public portions of the site are adequately separated to reduce conflicts. 3. The access to and parking for the proposed transfer station and recycling center does not create an undue traffic problem. All required parking is provided on -site, and commercial traffic will be separated from general public traffic. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91-41: 1. There are exceptional or extraordinary circumstances applicable to the land, buildings, or premises involved that do not apply generally to other property or uses in the district. The property is over 54 times larger that the minimum required for the M1 zoning designation, with most of the area screened from view behind a security wall and gate. The areas visible from the public right-of-way have 2.4 times the required landscape area, and a 20 foot wide landscape buffer is provided along Nichols Street. 2. The granting of Conditional Exception (Variance) No. 91-41 for reduced landscaping and increased building height will not be materially detrimental to the public health safety and welfare, or injurious to the conforming improvements in the neighborhood. All areas visible from the public right-of-way have adequate landscaping, and the portion of the structure exceeding 40 feet is setback approximately 450 feet from the right-of-way. PC Minutes - 10/22/91 -15- (1490d) 3. The granting of the conditional exception (variance) will not defeat the general purposes or intent of the code, which is to improve the aesthetics of a project by providing green belt areas in new development and maintaining an appropriate building mass. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-42/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-41: 1. The site plan, floor plans and elevations received and dated September 10, 1991 shall be the conceptually approved layout with the following modifications: a. Elevations shall be drawn to the correct scale. b. A new driveway will be installed at the southern most end of the Nichols Street frontage for public traffic using the recycling center and the Orange County Household Hazardouw Waste Collection Center. The driveway will be 30 feet wide, per Public Works department requirements. The existing driveway configuration will be reviewed 18 months following the opening of the Materials Recycling Facility, with the possibility of combining the two most southerly existing driveways or removal of the most southerly existing driveway. These modifiecations will be done at Rainbow Disposal's expense at the direction of the Public Works Director. 2. Hours of operation are as follows: Receiving Waste: Monday - Sunday 6:00 AM - 6:00 PM (Commercial Trucks) 7:30 AM - 4:30 PM (Public) Processing Waste: Monday - Sunday 24 hours per day, except 6 holidays per year 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. If outdoor lighting is included, 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. PC Minutes - 10/22/91 -16- (1490d) d. 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. e. The site plan (or reference page) shall include 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. For any new landscape areas, 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 Article 953 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. 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. The applicant shall cause to be recorded a Covenant to Hold Property as One Parcel. A copy of the recorded document shall be filed with the Department of Community Development. d. Submit a revised site plan in accordance with Condition No. lb., above. 5. The Public Works Department requirements are as follows: a. Install a new driveway at the southern most end of the Nichols Street frontage per Public Works Department requirements. b. On -site truck aisleways shall be a minimum of 30 feet wide. 6. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. PC Minutes - 10/22/91 -17- (1490d) b. Two (2) fire hydrants shall be provided along the property line between lots 2 and 3. c. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. d. Fire extinguishers shall be installed per Huntington Beach Fire Department standards. e. Security gates shall comply with Huntington Beach Fire Department Standard No. 403. 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 materials, shall be disposed of at an off -site facility equipped to handle them. 9. The applicant shall submit a truck/traffic routing plan for Department of Public Works approval prior to occupancy. The plan will detail specific routes that trucks will take to and from the transfer station. 10. During construction, the application shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction - equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to issuance of a Certificate of Occupancy all portable signs and other non -permitted signs shall be removed. A Planned Sign Program shall be submitted to the Community Development Department and the Traffic Engineer for approval to depict all identification and directional signs. PC Minutes - 10/22/91 -18- (1490d) 13. 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. B-7 CONDITIONAL USE PERMIT NO. 91-38/NEGATIVE DECLARATION NO. 91-21• APPLICANT: Orange County Sanitation District No. 11 LOCATION: South side of Slater Avenue between Goldenwest Street and Gothard Street. THE APPLICANT REQUESTED BY LETTER THAT THE APPLICATION BE WITHDRAWN. COMMISSIONER LEIPZIG MADE A MOTION TO HEAR THE APPLICATION AND TAKE ACTION. THE MOTION DIED FOR LACK OF A SECOND. APPLICATION WITHDRAWN AT THE APPLICANT'S REQUEST B-8 CODE AMENDMENT NO. 91-9: APPLICANT: City of Huntington Beach LOCATION: City-wide in all R1 (Low Density Residential) zoning districts. Code Amendment No. 91-9 is a request to amend Article 911 (Low Density Residential) to establish more restrictive standards for the approval of third story components of single family homes. The new standards would be applicable in the R1 (Low Density Residential) zoning district City-wide. The recommendations contained in Code Amendment No. 91-9 were formulated by the Harbour Code Committee which was created by the City Council in response to concerns regarding new third story construction in Huntington Harbour. The Code committee was comprised of City staff members, Planning Commissioners and residents of Huntington Harbour. STAFF RECOMMENDATION: Staff recommends that No. 91-9 as amended by Council for adoption. the Planning commission approve Code Amendment staff with findings and forward to City PC Minutes - 10/22/91 -19- (1490d) A MOTION WAS MADE BY BOURGUINGON, SECOND BY SHOMAKER TO CONTINUE CODE AMENDMENT NO. 91-9 TO THE DECEMBER 3, 1991, PLANNING COMMISSION MEETING IN ORDER TO FURTHER REVIEW THE AMENDMENT, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS D-1 LIMITED SIGN PERMIT NO. 91-5: APPLICANT: United Orange County Neon Signs LOCATION: 5961 Warner Avenue (northwest corener of Warner Avenue and Springdale Street). Limited Sign Permit No. 91-5 is a request to allow a change of face in an existing non -conforming sign pursuant to Section 9610.8(c) of the Huntington Beach Ordinance Code. The applicant changed the "Plain's" True Value Home Center to "Young's" True Value Home Center without permits, and wishes to retain the sign for a maximum of two (2) years. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Limited Sign Permit No. 91-5 with findings and suggested conditions of approval. A MOTION WAS MADE BY KIRKLAND, SECOND BY NEWMAN, TO APPROVE LIMITED SIGN PERMIT NO. 91-5 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Richardson, Bourguignon ABSTAIN: None MOTION PASSED PC Minutes - 10/22/91 -20- (1490d) 1 FINDINGS FOR APPROVAL - LIMITED SIGN PERMIT NO.: 1. The non -conforming sign will not adversely affect other signs in the area. 2. The non -conforming sign will not be detrimental to property located in the vicinity of such sign, and will be compatible with the surrounding area. 3. The non -conforming sign will not obstruct pedestrian or vehicular traffic vision. 4. The immediate alteration, removal or replacement of the sign will result in an economic hardship. 5. The sign will be in keeping with the character of the surrounding neighborhood. CONDITIONS OF APPROVAL - LIMITED SIGN PERMIT NO 91-5: 1. The site plan and elevations received and dated October 9, 1991 shall be the conceptually approved layout. 2. The Planning Commission reserves the right to revoke this limited sign permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 3. Limited Sign Permit No. 91-5 shall be valid until January 28, 1993. 4. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $2,000 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the non -conforming sign. If the sign is not made to conform with the applicable provisions of the sign ordinance upon expiration of this permit, or remodel of the property, whichever occurs first, the City of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs 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. 5. A planned sign program shall be submitted to and accepted as complete by the Planning Division by January 28, 1992. The planned sign program will show the proposed signs to be erected upon removal of the non -conforming signs. 6. Building permits shall be obtained for the existing signs installed without permits, within 45 days of the Planning Commission action. PC Minutes - 10/22/91 W%a (1490d) D-2 CONDITIONAL USE PERMIT NO 89-69 - ONE (1) YEAR EXTENSION OF TIME• APPLICANT: Tufan M. Ince LOCATION: 14972 Springdale Street (northeast corner of Springdale and Bolsa Avenue). The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 89-69 to September 17, 1992, which was approved on appeal by the City Council on September 17, 1990. Conditional Use Permit No. 89-69 is a request to demolish an existing self service gas station and permit the construction of a new 1,700 square foot self service gas station with convenience market and car wash. The 24 hour convenience market does not propose to sell alcoholic beverages pursuant to Unocal's policy. To date, the applicant is requesting the extension of time based upon Unocal's Marketing Division reorganization. The reorganization affects the architectural design of service stations which has delayed the construction of the service station. Section 9843.4 of the Huntington Beach Ordinance code requires that actual construction must begin within one (1) year of the final approval date. However, the code states that the Planning Commission may grant extensions of time, for up to one (1) year, upon written request by the applicant. Staff recommends that Condition No. 13 be amended as a result of the extension of time request. The condition of approval shall read as follows: 13. A traffic impact fee shall be paid prior to final inspection. This condition of approval has been amended to put the developer/applicant on notice regarding the payment of fees pertaining to traffic impacts. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a one (1) year extension of time for Conditional Use Permit No. 89-69 to September 17, 1992, with all previous conditions of approval to remain in effect and amend one (1) condition. PC Minutes - 10/22/91 -22- (1490d) A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 89-69 ONE (1) YEAR EXTENSION OF TIME WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT AND AMEND ONE (1) CONDITION, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Richardson, Bourguignon ABSTAIN: None MOTION PASSED AMENDED CONDITION OF APPROVAL - CONDITIONAL USE PERMIT NO 89-69: 13. A traffic impact fee shall be paid prior to final inspection. D-3 CONDITIONAL USE PERMIT NO. 90-28 - ONE (1) YEAR EXTENSION OF TIME• APPLICANT: Charles MacGregor/Greg Lavers LOCATION: 7432 Prince Drive (north of Warner Avenue approximately 350 feet east of Gothard Avenue). The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 90-28 to October 12, 1992, which was approved by the Planning Commission on October 2, 1990. Conditional Use Permit No. 90-28 is a request to permit a health club (Gold's Gym) facility within a mixed use development with a joint use parking request. To date, the applicant is requesting the extension of time based upon unforseen and escalating costs of the project. The applicant has cleared building plan check but must comply with certain conditions of approval for the conditional use permit to obtain plan check approval from the Planning Division. Section 9843.4 of the Huntington Beach Ordinance Code requires that actual construction must begin within one (1) year of the final approval date. However, the code states that the Planning Commission may grant extensions of time for up to one (1) year, upon written request by the applicant. Staff recommends that Condition No. 17 be amended as a result of the extension of time request. The condition of approval shall read as follows: 17. A traffic impact fee shall be paid prior to final inspection. PC Minutes - 10/22/91 -23- (1490d) This condition of approval has been amended to put the developer/applicant on notice regarding the payment of fees pertaining to traffic impacts. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a one (1) year extension of time for Conditional Use Permit No. 90-28 to October 12, 1992, with all previous conditions of approval to remain in effect and amend one (1) condition. A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 90-28 ONE (1) YEAR EXTENSION OF TIME WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT AND AMEND ONE (1) CONDITION, BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Richardson, Bourguignon ABSTAIN: Kirkland MOTION PASSED E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES Commissioner Leipzig - stated he got a letter from Mr. McCallen regarding land use violations. He asked staff to respond and report back at the November 5, 1991 Planning Commission meeting. G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the October 14, 1991 City Council meeting. 1 PC Minutes - 10/22/91 -24- (1490d) I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO ADJOURN 5:30 STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON OCTOBER 29, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING P.M. BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Richardson, Bourguignon ABSTAIN: None MOTION PASSED /kj 1 APPROV D BY: Mike Adams, Secretary TO A AT 7:00 q1n1ningommission Chairperson PC Minutes - 10/22/91 -25- (1490d)