Loading...
HomeMy WebLinkAbout1991-11-05' APPROVED 3/17/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, NOVEMBER 5, 1991 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Richardson, Newman, Shomaker, Kirkland, 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. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 91-35/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-28/COASTAL DEVELOPMENT PERMIT NO 91-15 (CONTINUED FROM THE OCTOBER 22, 1991 PLANNING COMMISSION MEETING)• 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). Per the applicant's request, this item was continued from the October 22, 1991 Planning Commission meeting to the November 5, 1991 meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-35, Conditional Exception (Variance) No. 91-28 and Coastal Development Development Permit No. 91-15 as modified by staff (removal of any additional square footage on the third) with findings and suggested conditions of approval as contained in the Planning Commission staff report dated October 22, 1991. The Commission questioned how the height measurement of the house was achieved and if the zoning code was used as the standard. THE PUBLIC HEARING WAS OPENED. Jim Gartner, applicant, said he was not the original architect on the project, but he was there to answer any questions the Commission may have. George Armstrong, original developer of the tract, stated the home was in accordance with the original CC&R's. He also stated that the home is an asset to the community and felt it was important to have different architectural styles. Donna George, spoke in opposition to the request. She stated her property is directly and negatively impacted by the building. Ms. George was concerned with invasion of privacy, noise pollution caused by a retaining wall and loss of property value. Donna Klein, spoke in opposition to the request. She said she felt the building height had been handled with special treatment. PC Minutes - 11/5/91 -2- (1492d) 1 7 Jeffrey Richards, representing Chuck Reince, stated that the third story was built illegally, with permits issued wrongly. Mr. Richards stated the courts had ruled that the house should not have been built. Chuck Reince, spoke in opposition to the request. He stated that he had paid a premium for his ocean view, which was now non-existent. He stated that even though it was realized that a permit was issued wrong the stop work order was lifted. He also said that an appraiser had stated that the house had lowered adjacent residents' property values. Larry Price, spoke in opposition to the request. He stated he was concerned with the lowering of property values and the blockage of his view of Catalina. Daniel Denny, spoke in opposition to the request. He stated that all adjacent property owners have complied with the City standards and this house should also comply. Don Hartfielder, original architect, stated he did not intentionaly or knowingly do anything illegal. He stated that the zoning code at that time was very gray. He also explained how he had derived the building height by UBC standards and said it was well outside the view corridors. He feels it is a legal structure. Terrance Ray, spoke in opposition to the request. Marc C. Bailey, Attorney for the property owner, stated the variance was not necessary five (5) years ago and is not necessary now. He stated current construction on other buildings will obstruct the opposing neighbors views more than this project. He stated the house was built legally. Emad Hassan, stated he felt his home was beautiful and enhanced the neighborhood. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commission regarding the court's decision, and which code to use in their decision. They were also concerned with the fact that the project was okayed five (5) years ago and now is considered illegal. PC Minutes - 11/5/91 -3- (1492d) A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO DENY CONDITIONAL USE PERMIT NO. 91-35, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-28 AND COASTAL DEVELOPMENT PERMIT NO. 91-15 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Dettloff, Leipzig NOES: Kirkland ABSENT: None ABSTAIN: Bourguignon MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 91-35: 1. The proposed three (3) story single family home will have a detrimental effect on the privacy of the adjacent property to the west. 2. The proposed three (3) story home blocks the views of properties to the east and may result in a reduction of those properties' value. 3. The proposed three (3) story home is incompatible with adjacent properties which are two (2) story in height. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-28: 1. Although there is a severe grade differential on the site, the property can be fully developed within the existing development standards. 2. The granting of a conditional exception (variance) for building height would constitute a special privilege as the property can be fully developed within the existing development standards. 3. The granting of a conditional exception for building height would be detrimental to the welfare of the adjacent conforming properties in the vicinity. The excessive height of the structure blocks views and may reduce the value of the adjacent properties. FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 91-15: 1. The proposed three (3) story home does not conform to the applicable zoning and development standards contained in the City's Local Coastal Program and Implementing Ordinances. 1 PC Minutes - 11/5/91 -4- (1492d) B-2 CIRCULATION ELEMENT AMENDMENT NO. 91-1/CENTRAL LIBRARY PARKI_NG MASTER PLAN/NEGATIVE DECLARATION NO. 91-36: APPLICANT: City of Huntington Beach LOCATION: Talbert Avenue between Goldenwest and Gothard Streets The Departments of Public Works and Library Services are jointly requesting the deletion of Talbert Avenue between Goldenwest Street from the City's Circulation Plan of Arterial Streets and Highways with the replacement of the segment as parking area for the Central Library. The projects have been processed concurrently under one (1) mitigated negative declaration due to the overlapping locations and issues of concern. This staff report separately addresses each project starting with a summary of conclusions of Circulation Element Amendment No. 91-1 followed by an overview of the Central Library Parking Master Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Approve Negative Declaration No. 91-36 with Mitigation Measures and forward to City Council for adoption; and B. Recommend approval of Circulation Element Amendment No. 91-1 to the City Council by adopting Planning Commission Resolution No. 1452 and forward to City Council for approval; and C. Approve the Central Library Parking Master Plan with findings and conditions of approval. Jan Halverson, Library Services Manager, showed a video to the Commission showing the reasons for the proposed deletion of Talbert Avenue. Neil Noble, Designer of the Parking Lot and Bob Eichblatt, Public Works, gave presentations, along with staff, regarding the proposed request. THE PUBLIC HEARING WAS OPEN. Hal McDonald, Library Board of Trustees, spoke in support of the request. He urged the Commission to approve. Clair Hanse, spoke in support of the request for safety reasons. She stated it was currently unsafe for children. Mary Carmichael, President Friends of the Library, spoke in support of the project. She cited safety and access as major points. She also spoke in support of the deletion of Talbert Avenue. PC Minutes - 11/5/91 -5- (1492d) Nancy Huebotter, spoke in favor of the request. She said increased traffic would warrant the request. Lana Campbell, Vice President Playhouse, spoke in support of the request. John Valenzuela, spoke in support of the project. Dr. Bruce Miller, spoke in opposition to the request. He has a business on Talbert and feels the request will harm his business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed their concerns with regards to the deletion of Talbert. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE NEGATIVE DECLARATION NO. 91-36 WITH MITIGATION MEASURES AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO RECOMMEND APPROVAL OF CIRCULATION ELEMENT AMENDMENT NO. 91-1 TO THE CITY COUNCIL BY ADOPTING PLANNING COMMISSION RESOLUTION NO. 1452 AND FORWARD TO CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, NOES: Kirkland, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED Shomaker, Dettloff, Bourguignon A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE THE CENTRAL LIBRARY PARKING MASTER PLAN 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 1 PC Minutes - 11/5/91 -6- (1492d) FINDINGS FOR APPROVAL - CIRCULATION ELEMENT AMENDMENT NO. 91-1: 1. Deletion of Talbert Avenue, between Goldenwest and Gothard Streets will not result in substantial future impacts to surrounding arterials and the ability of the Circulation System to serve the Central Library area, since projected buildout levels of service or surrounding arterials with the deletion will be at LOS C or better. 2. Deletion of Talbert Avenue, between Goldenwest and Gothard Streets, will not negatively impact the future provision of emergency vehicle response to the Central Library area, since several adequate alternative response routes are available which will not deteriorate the Fire Departments five (5) minute response time to the area. 3. Deletion of Talbert, between Goldenwest and Gothard as an arterial is consistent with the other elements of the General Plan. 4. Deletion of Talbert, between Goldenwest and Gothard Streets, is consistent with Circulation Element policies for the development of a system of arterial streets and highways that ensures the safe and efficient movement of people and goods by improving safety for library patrons and park uses by downgrading the levels of traffic and traffic speeds in the library area. 5. Deletion of Talbert, between Goldenwest and Gothard Streets, is consistent with the Community Facilities Element policies for providing adequate community facilities by providing adequate parking facilities and providing a more cost effective use of the property. 6. Deletion of Talbert Avenue, between Goldenwest and Gothard Streets, will allow for removal of an unnecessary arterial designation since previous deletion of Talbert Avenue, between Goldenwest and Edwards Streets, prevented the possibility of future arterial level use or the subject segment. FINDINGS FOR APPROVAL - CENTRAL LIBRARY PARKING MASTER PLAN: 1. The Central Library Parking Master Plan will not be detrimental to the general health, welfare and safety of the neighborhood or City in general. 2. The Central Library Parking Master Plan will allow for the provision of needed parking facilities to serve future Central Library facilities. 3. The Central Library Parking Master Plan will provide for safer circulation of library and park pedestrian traffic. PC Minutes - 11/5/91 -7- (1492d) 4. The Central Library Parking Master Plan will promote a more cost effective use of a landfill area. CONDITIONS OF APPROVAL - CENTRAL LIBRARY PARKING MASTER PLAN: 1. 2. The site plan received and dated October 2, 1991 shall be the conceptually approved layout with the following modifications: a. Compact parking spaces shall not exceed 20% of total number of parking spaces and shall have a minimum dimension of 9' x 17". b. Comply with all provisions of the Huntington Beach Ordinance Code. c. The mature eucaluptus trees on the eastern property line shall be retained. If the tree survey indicates conflict with the parking lot, the parking lot shall be modified at that location to preserve the trees. The applicant shall implement the following mitigation measures identified in Mitigated Negative Declaration No. 91-36: a. During construction, the applicant shall: 1. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; and 2. Wet down areas in the late morning and after work is completed for the day. b. Prior to issuance of a grading permit, a grading plan shall be submitted to the Department of Public Works for approval. A plan for silt control for all water runoff from the property during construction and initial operation of the project will also be submitted prior to issuance of grading permit. C. Prior to issuance of grading permits, a detailed soils analysis shall be prepared by a registered Soils Engineer for proposed parking areas located on the south side of Talbert. 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. The project shall implement the recommendations contained therein. d. During construction, the applicant shall: 1. Use low sulfur fuel (105% by weight) for construction equipment; PC Minutes - 11/5/91 -8- (1492d) 1 L 2. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and 3. Discontinue construction during second stage smog alerts. e. Prior to issuance of grading permit, hydrology/hydraulic studies shall be submitted to the Public Works Department for approval. f. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works requirements. g. Prior to issuance of grading permits, plans depicting the location, type, trunk size, height and quantity of all existing trees located on or around the library and parking lot site shall be submitted to the Departments of Community Development and Public Works. h. Existing mature trees on the site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36 inch box trees which shall be incorporated into the project's landscape plan. Where no room exists for 2:1 replacement, 48 inch box trees shall be used. An off -site tree mitigation banking program for use throughout Central Park may also be initiated, if on -site replacement space is not available. i. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. j. Prior to issuance of grading permits, a traffic control plan shall be submitted to Public Works for approval. 3. Prior to initiation of demolition activities, the contractor shall submit a methane health and safety plan which specifies the precautionary measures which will be implemented to protect workers during project construction. 4. The proposed parking lot shall implement all measure identified in the "Gothard Street Landfill Gas Migration Investigation" prepared by Kleinfelder, Inc. (September, 1991) to minimize the potential methane related hazards. 5. If leachate is discovered during construction, construction activities shall be halted and a consultant shall be retained to assess the condition and develop a mitigation plan before construction is allowed to continue. 6. Access shall be designed to comply with Fire Department standards. PC Minutes - 11/5/91 -9- (1492d) 7. The plan shall incorporate traffic control signage and crosswalks pursuant to Public Works standards. 8. Parking lot accessways and traffic circles shall be designed to Public Works specifications. 9. The plan shall incorporate a bus turnout pursuant to Public Works standards. 10. The plan shall be reviewed by the Public Works, Planning and Fire Departments prior to final approval. B-3 CONDITIONAL USE PERMIT NO. 91-51 WITH SPECIAL PERMITS/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-47/COASTAL DEVELOPMENT PERMIT NO. 91-29: APPLICANT: Tekstra Enterprises LOCATION: 1014 and 1016 Pacific Coast Highway Conditional Use Permit No. 91-51 with Special Permits in conjunction with Conditional Exception (Variance) No. 91-29 and Coastal Development Permit No. 91-29 is a request to construct two (2) new 3,658 square feet, three (3) story single family dwellings with special permits. The special permits are for a reduction of the upper story setback and to provide the entire open space requirement on the upper story decks in lieu of providing a minimum of 225 square feet on the ground floor. Conditional Exception (Variance) No. 91-47 has been initiated because the proposal does not comply with the Downtown Specific Plan District 2 (Residential) in the following area: 1. The Downtown Specific Plan District 2 (Residential) permits a maximum building height of 35 feet for multiple family development; however, Resolution No. 5760 (Adopted March 2, 1987) incorporates specific single family development standards with regards to building height. The maximum building height shall be 30 feet for main dwellings. The applicant is requesting a maximum building height of 35 feet. The proposed request to construct single family dwellings fronting on Pacific Coast Highway is precedent setting. No new construction of a single family home pursuant to the development standards of the Downtown Specific Plan District 2 (Residential) and Resolution No. 5760 has been attempted since the adoption of the Specific Plan in November 1983. As a result of lot consolidations and major condominium and apartment development along Pacific Coast Highway, residual parcels of land remain undeveloped. These residual parcels of land generally have lot frontages of 50 feet or less and therefore are only permitted one (1) dwelling unit based upon the density requirement of the Downtown Specific Plan. The two (2) PC Minutes - 11/5/91 -10- (1492d) residual parcels of land under consideration have 25 feet of frontage each and accordingly, the applicant is requesting the approval of two (2) single family dwellings. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-51 with Special Permits, Conditional Exception (Variance) No. 91-47 and Coastal Development Permit No. 91-24 as modified by staff with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Scott Friedlan, 114-11th Street, spoke in opposition to the request. Mr. Friedlan was concerned with excessive height, alley width and capability of turning into driveway. Michael Tekstra, 21932 Crimsnon, Mission Viejo, spoke in favor of the request but asked that the Commission reconsider the driveway. Bob Bolen, 1818 Pine, spoke in favor of the request. THERE WERE NO OTHER PERSONS 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. 91-51 WITH SPECIAL PERMITS, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-47 AND COASTAL DEVELOPMENT PERMIT NO. 91-24 AS MODIFIED 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. 91-51: 1. The location, site layout, and design of the proposed two (2) single family dwellings with two (2) special permits properly adapts the proposed structure to streets, driveways and other adjacent structures and uses in a harmonious manner. The overall project, building setbacks, building mass and building bulk are properly addressed and are compatible with the adjacent structures and uses. PC Minutes - 11/5/91 -11- (1492d) 2. The proposed two (2) story single family dwellings with two (2) special permits is compatible with surrounding properties in terms of architecture, building height and orientation. The site layout, building setbacks, building bulk and building mass are properly addressed through design implementation. 3. The development of two (2) story single family dwellings with two (2) special permits conforms to the provisions contained in the Downtown Specific Plan, District 2 and Resolution No. 5760. 4. Conditional Use Permit No. 91-33 to permit two (2) single family dwellings with two (2) special permits is consistent with the goals and objectives of the City's General plan and Land Use Map designation. As proposed by the applicant, the intent of the land use designation and zoning is to provide a better living environment and promote aesthetically pleasing development. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the Downtown Specific Plan, District 2 requirements and Resolution No. 5760 which enhance the area and provide a compatible project with the surrounding area: a. A reduction of the minimum upper story setback. b. To provide the open space requirements in the form of upper story decks in lieu of the minimum ground level open space of 225 square feet. 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The requested special permits will not be detrimental to the general health, welfare, safety and convenience, and not detrimental and injurious to the value of property and improvements of the neighborhood or of the City in general. The building bulk, building mass and overall project design are properly addressed and will not be a detriment to the surrounding neighborhood. 4. The requested special permits are consistent with the objectives of the Downtown Specific Plan, District 2 standards in achieving a development adapted to the terrain and compatible with the surrounding environment. The proposed project provides a better living environment and an aesthetically pleasing project through design implementation. PC Minutes - 11/5/91 -12- (1492d) 1 FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-29: 1. The development of two (2) three (3) story single family dwellings with special permits as proposed by Coastal Development Permit No. 91-29 conforms with the plans, policies, requirements and standards of the Coastal Element. 2. The development of two (2) three (3) story single family dwellings with special permits is consistent with the CZ suffix, the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. Coastal Development Permit No. 91-29 at the time of occupancy, the proposed two (2) three (3) story single family dwellings with special permits will provide infrastructure in a manner that is consistent with the C-LUP. 4. The development of a two (2) three (3) story single family dwellings with special permits as proposed by Coastal Development Permit No. 91-29 does conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. Approval of Conditional Exception (Variance) No. 91-47 will result in no modification to the requirement of the C-LUP. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-47: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not applicant generally to other property or uses in the district. The topography of the site includes a grade differential that exceeds approximately three (3) feet. Since the lowest portion of the property in relation to the adjacent street is used to measure building height, the topography constitutes a substantial hardship on the development of the property. 2. The granting of a conditional exception for building height is necessary in order to preserve the enjoyment of one or more substantial property rights. Subject to determining that single family development is appropriate through the processing of a conditional use permit and coastal development permit, a conditional exception (variance) is required to exercise those property rights. 3. The granting of Conditional Exception (Variance) No. 91-47 for building height will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming land, property or improvements in the neighborhood. Several other three (3) story structures are within the immediate vicinity. PC Minutes - 11/5/91 -13- (1492d) The structure is built in compliance with the Uniform Building Code and does not pose an undue health and safety risk to residents in the vicinity. Further, the structure is built with stucco and tile roof in a mediterranean style which is compatible with other structures in the vicinity and along Pacific Coast Highway. 4. The granting of Conditional Exception (Variance) No. 91-47 for building height is consistent with the goals and objectives of the City's General Plan and Land use Map Designation of High Density Residential. 5. The granting of this conditional exception (variance) from Section 4.4.04 of the Downtown Specific Plan and Resolution No. 5760 will not defeat the general purposes or intent of the code which is to provides compatible building heights along Pacific Coast Highway. SUGGESTED CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 21, 1991 shall be the conceptually approved layout with the following modification: a. The front setback patio plan as recommended by the Design Review Board and dated November 5, 1991 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. 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. c. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall -consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). PC Minutes - 11/5/91 -14- (1492d) d. Elevations shall depict -colors and building materials as approved by the Design Review Board on October 24, 1991. e. 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. f. 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. g. The dwelling shall comply with the single unit dwelling design standards of Section 9130.13(e) of the Huntington Beach Ordinance Code. h. 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. i. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 960 the Downtown Specific Plan and Resolution No. 5760 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. PC Minutes - 11/5/91 -15- (1492d) c. All applicable Public Works fees shall be paid. d. 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. e. Submit a copy of the revised site plan, floor plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. 4. The Public Works Department requirements are as follows: a. Submit a grading plan for review and approval. b. The applicant shall dedicate five (5) feet on each alley side of the subject lots. c. All applicable Public Work fees shall be paid. d. All street improvements shall be required. 5. Fire Department Requirements are as follows: a The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 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. PC Minutes - 11/5/91 -16- (1492d) 1 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. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 12. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-51 with special permits, Conditional Exception (Variance) No. 91-47 and Coastal Development Permit No. 91-29 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 13. 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. 14. Conditional Use Permit No. 91-51 with special permits, Conditional Exception (Variance) No. 91-47 and Coastal Development Permit No. 91-29 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-4 CONDITIONAL USE PERMIT NO. 91-49: APPLICANT: Mr. Sal Gagliano LOCATION: 300 Pacific Coast Highway (Pierside Pavilion) Conditional Use Permit No. 91-49 is a request to establish a billiard hall and restaurant with alcohol sales at the vacant Golden Bear Nightclub within Pierside Pavilion pursuant to Section 4.5.01(b) of the Downtown Specific Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-49 with findings and suggested conditions of approval. PC Minutes - 11/5/91 -17- (1492d) THE PUBLIC HEARING WAS OPENED. Uri Gati/California Resorts, 222-5th Street, spoke in support of the request. Bill Winn, Property Manager, spoke in support of the request saying it was very compatible to the existing uses. Sal Gagliano, Applicant, spoke in support of the request. He stated it was a very upscale billiards hall with good food and coffee. The Commission questioned Mr. Gagliano as to whether there would be a dress code. Mr. Gagliano stated that there would be. 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 DETTLOFF, TO APPROVE CONDITIONAL USE PERMIT NO. 91-49 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. 91-49: 1. The location, site layout and design of the proposed 8,000 square foot billiard hall and restaurant with alcohol sales properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner, because design features and operations will ensure compatibility with nearby residences. 2. The combination and relationship of one proposed use to another on the site are properly integrated. As conditioned, parking, exterior modifications and the noise impacts are properly addressed and mitigated. 3. The access to and parking for the proposed billiard hall and restaurant with alcohol sales does not create an undue traffic problem, because adequate parking is provided on -site and in the adjacent City parking structure. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-49: 1. The site plan, floor plans, and elevations received and dated October 21, 1991 shall be the conceptually approved layout. PC Minutes - 11/5/91 -18- (1492d) 1 11 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations, signage and the outdoor dining area shall depict colors and building materials proposed, and are subject to review by the Design Review Board. d. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. c. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Fire Department requirements are as follows: a. The automatic fire sprinkler system shall be extended and approved and installed pursuant to Fire Department regulations. b. The fire alarm system shall be installed and extended to comply with Huntington Beach Fire Department and Uniform Building Code Standards. c. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. Hours of operation shall be 9:00 AM to 12:00 midnight on weekdays (Sunday through Thursday) and not later than 2:00 AM on weekends (Friday and Saturday). 6. The outdoor dining are shall be closed for services of any kind at 10:00 PM daily. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes - 11/5/91 -19- (1492d) 9. The applicant shall comply with the requirements of Chapter 9.32, Pool and Billiard Halls of the Huntington Beach, Municipal Code prior to Certificate of Occupancy. The applicant shall provide written proof or indication of compliance with the municipal code requirements for inclusion in the subject file. 10. 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. 11. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy 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. 91-49 may become null and void. 12. 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. 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-5 PRECISE PLAN OF STREET ALIGNMENT NO, 91-1: APPLICANT: City of Huntington Beach LOCATION: Garfield Avenue between Edwards Street and Goldenwest Street (see attached map) The City Council adopted the Master Plan of arterial streets and highways on March 22, 1976, which established the alignment of Garfield Avenue between Edwards and Goldenwest Streets and designated it a major arterial. On January 8, 1990, the City Council adopted the Holly-Seacliff General Plan Amendment which reaffirmed this alignment and classification. Precise Plan of Street Alignment No. 91-1 is consistent with the City's Master Plan of arterial streets and highways and the Holly-Seacliff Master Plan Circulation policies. STAFF RECOMMENDATION: Staff recommends that the Planning Commission Adopt Resolution No. 1453 recommending to City Council adoption of Precise Plan of Street Alignment No. 91-1. PC Minutes - 11/5/91 -20- (1492d) THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO ADOPT RESOLUTION NO. 1453 RECOMMENDING TO CITY COUNCIL ADOPTION OF PRECISE PLAN OF STREET ALIGNMENT NO. 91-1 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman, Shomaker ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - PRECISE PLAN OF STREET ALIGNMENT NO 91-1: 1. Precise Plan of Street Alignment for Garfield Avenue between Edwards and Goldenwest Streets is consistent with the City's Master Plan of arterial streets and highways, the Master Plan of Arterials for Orange County and the Holly-Seacliff Development Agreement. 2. Precise Plan of Street Alignment No. 91-1 is required by Development Agreement No. 90-1, Holly-Seacliff. 3. Precise Plan of Street Alignment No. 91-1 is consistent with the approved street improvement plans of Garfield Avenue between Edwards and Goldenwest Streets. CONDITIONS OF APPROVAL - PRECISE PLAN OF STREET ALIGNMENT NO 91-1: 1. Precise Plan of Street Alignment No. 91-1 dated September 11, 1991 is the approved plan. B-6 CONDITIONAL USE PERMIT NO. 91-39 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO 91-21/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-45/TENTATIVE PARCEL MAP NO 91-235/DRAFT ENVIRONMENTAL IMPACT REPORT NO. 89-6: APPLICANT: City of Huntington Beach Redevelopment Agency/Lang Lampert Architects LOCATION; 101 Main Street (Northwest corner of Main Street at Pacific Coast Highway) PC Minutes - 11/5/91 -21- (1492d) Conditional Use Permit No. 91-39 with Special Permits, Coastal Development Permit No. 91-21, Conditional Exception (Variance) No. 91-45, Tentative Parcel Map No. 91-235 and Draft Environmental Impact Report No. 89-6 is a request to permit the construction of a 48,500 square foot four (4) story commercial/office building with special permits for site coverage, upper story setbacks and the five (5) foot build to line. The proposal also includes a 147 space parking and one (1) loading space variance. STAFF RECOMMENDATION: Planning staff recommends that the items be continued to the November 19, 1991 Planning Commission meeting in order to allow staff sufficient time to adequately review and comment on Draft Environmental Impact Report No. 89-6 which has been prepared for the proposed project. A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO CONTINUE CONDITIONAL USE PERMIT NO. 91=39 WITH SPECIAL PERMITS, COASTAL DEVELOPMENT PERMIT NO. 91=21, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-45 AND TENTATIVE PARCEL MAP NO. 91-235 AND DRAFT ENVIRONMENTAL IMPACT REPORT NO. 89-6 IN ORDER TO ALLOW STAFF SUFFICIENT TIME TO ADEQUATELY REVIEW AND COMMEND ON DRAFT ENVIRONMENTAL IMPACT REPORT NO. 89-6 WHICH HAS BEEN PREPARED FOR THE PROPOSED PROJECT, BY THE FOLLOWING VOTE: AYES: Richardson, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman, Shomaker ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 91-7: APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: Talbert Channel from Brookhurst Street to Yorktown Avenue and Huntington Beach Channel from the Talbert Channel to Adams Avenue. General Plan Conformance No. 91-7 is a request to determine that the construction of flood control channel improvements to widen the Talbert and Huntington Beach Channels from the existing 60 foot wide earthen trapezoidal channel to a 110 foot wide rectangular soft bottom channel is in conformance with the General Plan. The Government Code of the State of California, Section 65401, provides PC Minutes - 11/5/91 -22- (1492d) that a local agency shall not construct public works in any city until the location, purpose, and extent of such works have been submitted to the city for determination as to conformity with the City's General Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 91-7 with findings. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE GENERAL PLAN CONFORMANCE NO. 91-7 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO 91-7: 1. General Plan Conformance No. 91-7 is consistent with the following goals and policies contained within the General Plan: 3.5.2 Convey water runoff away from streets and property to help prevent flooding of these areas during heavy storms. (Community Facilities Element) 2.2.2.1 Reduce to acceptable levels, the degree of risk from seismic, flood, and fire hazards to life, property, public investment, and social order in the community. (Seismic - Safety Element) D. NON-PUBLIC HEARING ITEMS D-1 LIMITED SIGN PERMIT NO. 91-8: APPLICANT: Superior Electrical Advertising LOCATION: 19131 Magnolia Street (southwest corner of Garfield Avenue and Magnolia Street) Limited Sign Permit No. 91-8 is a request to modify (face change) an existing 45 foot high, 392 square foot nonconforming freestanding pole sign for a period of two (2) years. Section 9610.8(c) of the Huntington Beach Ordinance Code specifies that the Planning PC Minutes - 11/5/91 -23- (1492d) Commission may allow a change of face for nonconforming signs and extend their use for up to two years. A cash bond is required to guarantee the removal of the sign upon expiration of the extension of time. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Limited Sign Permit No. 91-8 with findings and suggested conditions of approval. A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE LIMITED SIGN PERMIT NO. 91-8 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 - LIMITED SIGN PERMIT NO. 91-8: 1. The proposed sign face change will not adversely affect other signs in the area. 2. The proposed sign face change will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 3. The proposed sign face change on 19131 Magnolia Street will not obstruct pedestrian or vehicular traffic vision. 4. Due to the unique circumstances applicable to the sign, immediate alteration, removal or replacement of the sign will result in an economic hardship. CONDITIONS OF APPROVAL - LIMITED SIGN PERMIT NO. 91-8: 1. The site plan and sign elevations received and dated July 26, 1991 shall be the approved layout. 2. Limited Sign Permit No. 91-8 shall be valid for up to two (2) years retroactive to July 31, 1990 (expiration date July 31, 1992) or upon issuance of building permit for site improvements, whichever occurs first. 1 PC Minutes - 11/5/91 -24- (1492d) 3. The applicant shall file a cash bond with the City in the amount of $5,000 for the purpose of indemnifying the City for any and all costs incurred in the removal of the freestanding pylon sign. If the sign is not made to conform with the applicable provisions of the sign ordinance after the two year period or at the time of site improvements the City of Huntington Beach or its agents or employees may enter on the property where said sign is located and remove said sign, and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder if any, returned to the person depositing the bond. The bond shall be posted no later than 30 days from approval of Limited Sign Permit No. 91-8. E. DISCUSSION ITEMS Chairman Kirkland stated that the Commissioners would prefer December 10, 1991 as the tentative date for a special Planning Commission meeting. F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS None I. ADJOURNMENT A MOTION WAS W-DE BY KIRKLAND, SECOND BY LEIPZIG, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON NOVEMBER 19, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff,, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVE JY : I U� Mike Adams, Secretary P nnin Commission Chairperson PC Minutes - 11/5/91 -25- (1492d)