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HomeMy WebLinkAbout1991-11-191 APPROVED 4/7/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, NOVEMBER 19, 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 A (excused) P P ROLL CALL: Richardson, Newman, Shomaker, Kirkland, Dettloff, A (excused) P Bourguignon, Leipzig A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 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 (CONTINUED FROM THE NOVEMBER 5 1991 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach Redevelopment Agency/Lang Lampert Architects LOCATION: 101 Main Street (Northwest corner of Main Street at Pacific Coast Highway) Conditional Use Permit No. 91-39, Coastal Development Permit No. 91-21, Conditional Exception (Variance) No. 91-45 and Tentative Parcel Map No. 91-235 together constitute a request for a 48,060 square foot retail and office building. The proposed project is located in the Downtown Specific Plan District No. 3 at the northwest corner of Main Street and Pacific Coast Highway. The building is four (4) stories in height and occupies .52 net acres. The project is a portion of what will be a larger two (2) block redevelopment project called Main -Pier Phase II. The larger project will be approved in at least two (2) phases, of which this application constitutes the first phase. The entire Main -Pier Phase II project is addressed by Environmental Impact Report No. 89-6 which is processed concurrently with the above named entitlements. The Planning Commission will need to adopt and certify as adequate the Environmental Impact Report and Statement of Overriding Considerations before acting on the Conditional Use Permit and related entitlements. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: A. Adopt and certify as adequate Environmental Impact Report No. 89-6 by adopting Planning Commission Resolution No. 1456 with Mitigation Measures, Statement of Overriding Considerations, Findings and Facts in Support of Findings, and Mitigation Monitoring Program; B. Approve Coastal Development Permit No. 91-21 with findings; and C. Approve Conditional Use Permit No. 91-39 as modified by staff with the special permits as requested by the applicant, with findings and suggested conditions of approval; D. Approve Conditional Exception (Variance) No. 91-45 with findings and suggested conditions of approval; E. Approve Tentative Parcel Map No. 91-235 with findings and suggested conditions of approval. PC Minutes - 11/19/91 -2- (2802d) The Commission discussed their concerns with insufficient parking for the project. Commissioner Kirkland said that on Page 100 of the environmental impact report it stated there would be a shortfall of parking. Staff explained that adequate parking would have to be proven before proceeding with the project. THE PUBLIC HEARING WAS OPENED. David Lang, architect, explained the gateway to Main Street. He also stated that with the tower they were trying to match the one across the street and request the stairway on Main Street be 5 feet instead of 10 ft. A discussion ensued regarding the stairway. Staff says the entrance to the offices must be on Main Street. Staff also stated the entrance must look like a corridor, not an alley. The Commissioners stated their concern at having no windows on the side of the building. Staff stated that no windows were allowed on property line by code. Mr. Lang stated they would not be averse to some type of treatment that imitates windows or tiles to break up the solid wall. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission expressed their concern that residential uses were being designed under the guise of commercial. Barbara Kaiser, Director of Economic Development, stated that according to the Developer Disposition Agreement only Redevelopment could change the commercial to residential and then only for economic reasons. The Commission discussed the tower height. They were in favor of staff's recommendation. They also discussed deleting certain special permits and changing setbacks. Mike Abdelmuti and David Lang stated they did not wish to come back to the Commission with the changes suggested. They asked that the Commission deny the project so they could appeal to the City Council. The Commissioners discussed whether they should go along with the denial or approve the project with their modifications, in order to let the City Council know their position. A MOTION WAS MADE BY NEWMAN, SECOND BY LEIPZIG, TO APPROVE DRAFT ENVIRONMENTAL IMPACT REPORT NO. 89-6, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED PC Minutes - 11/19/91 -3- (2802d) A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO DENY 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 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Dettloff NOES: Newman, Kirkland, Leipzig ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE 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 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-21: 1. The proposed four (4) story commercial/office building conforms with the plans, policies, requirements and standards of the Coastal Element of the Gneral Plan. 2. The coastal development permit is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan, and other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed four (4) story commercial/office building can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed four (4) story commercial/office building conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. Approval of Conditional Exception (Variance) No. 91-45 will result in no modification of the requirement of the C-LUP. PC Minutes - 11/19/91 -4- (2802d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-39: 1. The establishment, maintenance and operation of a 48,060 square foot four (4) story commercial/office building will not be detrimental to the general welfare of persons residing or working in the vicinity nor to property and improvements in the vicinity of such use or building. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better urban environment by adapting the Downtown Specific Plan, District No. 3 requirements which enhance the area and provide a compatible project with the surrounding area: a. An increase of site coverage from 60 percent to 76 percent; b. A reduction of the required upper story setbacks along Pacific Coast Highway and Main Street and interior property line; and c. Construction within the five (5) foot build -to line on Pacific Coast Highway and two (2) feet behind the five (5) foot build -to line on Main Street. 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture and building layout, and promote a pedestrian/urban atmosphere. 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 3 standards in achieving a development compatible with the surrounding environment. The proposed project provides a better living environment and an aesthetically pleasing project through design implementation, and promotes a pedestrian/urban atmoshpere. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-45: 1. Due to the fact that the subject project is only a small part of a larger project, there are exceptional and extraordinary circumstances or conditions applicable to the land, buildings and premises involved that do not apply generally to the property of class of uses in the same district. PC Minutes - 11/19/91 -5- (2802d) 2. The conditional exception (variance) to allow parking and loading areas to be provided at a later date in conjunction with a larger project is necessary for the preservation of substantial property rights. 3. The granting of a conditional exception (variance) to allow parking and loading areas to be provided at a later date in conjunction with a larger project will not be materially detrimental to the public health, safety and welfare or injurious to the conforming land, property or improvements in the neighborhood of the property for which the conditional exception (variance) is sought. 4. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and will proceed to do so without delay. 5. Sufficient conditions of approval have been phased on the project to ensure that the code required amount of parking and loading areas will be provided prior to occupancy of the building. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO 91-235: 1. The proposed consolidation of nine (9) parcels into one (1) parcel and alley vacation for purposes of commercial/office uses is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as objectives for implementation of this type of use. 3. The property was previously studied for this type of land use (mixed commercial/office) at the time the land use designation of Downtown Specific Plan, District No. 3, Visitor Serving Commercial was placed on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 91-39 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO. 91-21/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-45: 1. The site plan, floor plans and elevations received and dated October 24, 1991 shall be the conceptually approved layout with the following modifications: a. Maximum tower height shall be 85 feet. b. The public access stairways along the northeast side of the building shall be designed to allow handicap access between the alley and Main Street and to minimize visual obstruction. 1 PC Minutes - 11/19/91 -6- (2802d) C c. The applicant shall provide a minimum four (4) foot upper story setback along the sheer walls on Main Street and Pacific Coast Highway from the second floor facade to the third floor facade. 2. The interim parking plan dated October 14, 1991 shall be the conceptually approved layout. 3. All mitigation measures outlined in Environmental Impact Report No. 89-6 (Attachment No. 7) shall be complied with and in accordance with the Mitigation Monitoring Program. 4. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. e. Elevations shall depict colors and building materials as approved by the Design Review Board on October 24, 1991. f. 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. g. 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. PC Minutes - 11/19/91 -7- (2802d) 5. 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 Design Review Board shall review and approve the following: 1. Revised site plan and elevations as modified pursuant to Condition No. 1. j. Maximum separation between building wall and property line shall not exceed two inches (2"). k. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 and the Downtown Specific Plan and the Main Street Improvement Plans of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. c. 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. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. PC Minutes - 11/19/91 -8- (2802d) f. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. g. A planned sign program shall be submitted and approved for all signing. Said program shall be approved and reviewed by the Planning Commission and Design Review Board prior to the first sign request. 6. The Public Works Department requirements are as follows: a. Coordinate street improvements with approved Main Street improvement plans. b. A traffic signal on the Pacific Coast Highway and Main Street corner will be relocated. c. A traffic impact fee shall be paid prior to final inspection. d. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. e. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. f. Submit a soils report for Public Works approval. g. The catch basin on Pacific Coast Highway near Main Street intersection shall remain. Coordination with Caltrans will determine what corner radius will be permitted adjacent to the catch basin. h. The existing 16 inch sewer and water lines which are located at the alley parallel with Pacific Coast Highway shall be relocated. i. Abandon approximately 150 linear feet each of water and sewerline within alley (parallel to Pacific Coast Highway). j. Prepare construction plans for the relocation of existing sewerline (approximately 130 linear feet) and installing a new tie-in at Walnut. k. The existing water and sewer lines, which will be abandoned, may remain and be filled with concrete. 1. No trees will be allowed within Caltrans (Pacific Coast Highway) right-of-way. m. Trees on Main Street to be located 7 feet back of curb face. PC Minutes - 11/19/91 -9- (2802d) 7. n. Coordinate with Caltrans to construct the northwesterly curb return of Pacific Coast Highway and Main Street. o. Prepare one topographic map from field survey utilizing "Record Drawings" prepared by others. Includes site specific topo required for design pruposes such as top of curb measurements and flowlines of existing manholes. p. Prepare one set of legal descriptions and exhibit for easement of new sewer main in alley. q. Curb, gutter and sidewalk on Main Street will be replaced. The curb and gutter on Pacific Coast Highway may remain. The sidewalk on Pacific Coast Highway will be replaced. r. Approximately half of Main Street will have to be repaved with asphalt (within new construction area). Fire Department Requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A Class III wet standpipe system (combination) will be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. c. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: 1. Water flow, valve tamper and trouble detection 2. 24 hour supervision 3. Smoke Detectors 4. Annunciation 5. Audible Alarms d. One (1) fire hydrant will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. e. Elevators will be sized to accommodate an ambulance gurney. Minimum six (6) feet, eight (8) inches wide by four (4) feet, (3) inches deep with minimum of 42 inch opening. PC Minutes - 11/19/91 -10- (2802d) f. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be the following: 1. The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. 2. Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. g. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. h. The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. B. All proposed interior office space layouts shall be reviewed and approved by the Redevelopment Agency prior to issuance of building permits or certificate of occupancy whichever occurs first. 9. A shoring plan shall be submitted to the Building Department prior to issuance of building permits to insure proper construction of the proposed structure in relation to adjacent existing structure. 10. Should the office floor area be converted into residential units, a minimum of 15% of the units shall be provided to moderate and low income households. Of those 15%, 40% must be available to very low income households. 11. The proposed restaurant use shall have no walk-up or pick up window. 12. Any new restaurant use (greater than 12 seats) shall require the review and approval of a conditional use permit by the Planning Commission. 13. Any proposed alcohol sales shall require the review and approval of a conditional use permit by the Planning Commission. 14. No basement area shall be permitted without the approval of the Community Development Director. 15. The proposed public improvements along Main Street and Pacific Coast Highway shall be maintained by the applicant through an agreement between the Public Works Department and the applicant/property owner and shall be reviewed as to form and content by the City Attorney's Office prior to approval of the public improvement plan. PC Minutes - 11/19/91 -11- (2802d) 16. The 10 foot public access easement shall be maintained by the applicant/property owner through Convents, Conditions and Restrictions (CC&R's) and which shall be approved as to form and content by the City Attorney's Office. 17. Prior to issuance of building permits, a parking plan depicting the temporary and permanent location of all required parking and loading spaces shall be submitted for review and approval by the City Council and Planning Commission. 18. Prior to issuance of Certificates of Occupancy all code required parking and loading spaces shall be constructed and available for the project. The spaces shall be available either within a Main -Pier Phase II parking structure or in combination with a 65 space temporary parking lot and off -site parking spaces within 350 feet. Certificate of Occupancy may be released as parking spaces become available. 19. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 20. 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. 21. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 22. 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. 23. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 24. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: PC Minutes - 11/19/91 -12- (2802d) 1 a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Final Parcel Map No. 91-235 shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to Certificate of Occupancy or final inspection. c. Compliance with all conditions of approval specified herein shall be accomplished. 25. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-39, Coastal Development Permit No. 91-21, Conditional Exception (Variance) No. 91-45, Tentative Parcel Map No. 91-235 and Environmental Impact Report No. 89-6 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 26. 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. 27. Conditional Use Permit No. 91-39, Coastal Development Permit No. 91-21, Conditional Exception (Variance) No. 91-45, Tentative Parcel Map No. 91-235 and Environmental Impact Report No. 89-6 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. 28. All low and moderate income residential units displaced by the project shall be replaced within the City within four (4) years of demolition. The replacement units must remain available at an affordable housing cost to low or moderate income persons for the duration of the redevelopment plan. Prior to issuance of Certificate of Occupancy, the applicant shall submit a plan to the Director identifying where and how the required units shall be provided.* CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 91-235: 1. The tentative tract map received and dated November 4, 1991, shall be the approved layout. 2. Public Works requirements are as follows: a. Construct or bond for new waterline and sewer lines as shown on tentative map. b. Remove size designation for proposed 16 inch sewer, (i.e. show as "proposed sewer"). PC Minutes - 11/19/91 -13- (2802d) c. Show proposed sewer and water in alley, to Walnut. d. Show existing alley to be abandoned, with dashed lines, rather than solid. e. The applicant shall dedicate the following: 1. Five (5) feet along Pacific Coast Highway 2. Four (4) feet along Main Street 3. Ten (10) feet along the northwest portion of the parcel 4. 7.5 feet along the alley frontage * This condition was not presented to the Planning Commission, but is a requirement of Redevelopment Law and will be included for City Council adoption. B-2 CONDITIONAL USE PERMIT NO. 91-32/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-31/NEGATIVE DECLARATION NO. 91-22: APPLICANT: MDM Development Services LOCATION: 16971 Goldenwest Street The Planning staff has received a request for a 60 day continuance for Conditional Use Permit No. 91-32, Conditional Exception (Variance) No. 91-31 and Negative Declaration No. 91-22. The project consists of a complete remodel of an existing service station and construction of a new convenience market and full service car wash located at the northwest corner of Goldenwest Street and Warner Avenue. The mandatory time allotted for staff to process the application to the Planning Commission level has expired. Consequently, staff has received a letter from the authorized agent on the application waiving all mandatory processing deadlines. An independent designer/developer has been contracted by Unocal, the property owner, to act as agent on this application, however, Unocal is undergoing a substantial re -organization and is requesting a continuance to allow a sufficient review of the project by their office. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 91-32, Conditional Exception (Variance) No. 91-31 and Negative Declaration No. 91-22 for sixty (60) days. PC Minutes - 11/19/91 -14- (2802d) A MOTION WAS MADE BY NEWMAN, SECOND BY RICHARDSON, TO CONTINUE CONDITIONAL USE PERMIT NO. 91-32, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-31 NEGATIVE DECLARATION NO. 91-22 FOR 60 DAYS, IN ORDER TO ALLOW THEIR OFFICES SUFFICIENT TIME TO REVIEW THE PROJECT, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED B-3 CITY OF HUNTINGTON BEACH INTEGRATED WASTE MANAGEMENT PLAN/ NEGATIVE DECLARATIONS NOS. 91-28/91-29: APPLICANT: City of Huntington Beach LOCATION: City-wide The City's proposed Integrated Waste Management Plan consists of a Source Reduction and Recycling Element (SRRE) and a Household Hazardous Waste Element (HHWE). As required by the Integrated Waste Management Act of 1989 (AB 939 & AB 2707), each jurisdiction must adopt a SRRE and HHWE that shows how mandated waste stream reduction goals will be met. The proposed Integrated Waste Management Plan is designed to meet those waste stream reduction mandates. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declarations Nos. 91-28/91-29 and the proposed Integrated Waste Management Plan with findings and forward to the City Council for adoption. Doug Isabelle, Kleinfelder, made a presentation to the Planning Commmission. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners and staff regarding what method would be used to implement the plan and the annual report required by the State. PC Minutes - 11/19/91 -15- (2802d) A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO APPROVE NEGATIVE DECLARATIONS NOS. 91-28/91-29, WITH REVISED MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO APPROVE THE INTEGRATED WASTE MANAGEMENT PLAN WITH FINDINGS AND FORWARD TO CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - INTEGRATED WASTE MANAGEMENT PLAN: 1. The Source Reduction and Recycling Element and Household Hazardous Waste Element comply with State mandates for the reduction of waste entering landfills. Specifically, the plan calls for a 27.1% waste diversion rate in 1995 and a 53.4% waste diversion rate in the year 2000. 2. The Source Reduction and Recycling Element and Household Hazardous Waste Element comply with State regulations as to format and content. All required waste reduction alternatives/programs have been evaluated. Additionally, the plan describes how the selected programs are to be funded, the department responsible for implementation of the plan, and the manner in which the programs are to be monitored. B-4 APPEAL OF THE ZONING ADMINISTRATOR'S CONDITIONAL APPROVAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 91-32: APPLICANT/APPELLANT: Nancy Widetick LOCATION: 8361 Doncaster Conditional Exception (Variance) No. 91-32 is a request to permit the expansion of an existing single story residence pursuant to Section 9110 of the Huntington Beach Ordinance Code. PC Minutes - 11/19/91 -16- (2802d) �7 Conditional Exception (Variance) No. 91-32 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 911, in the following areas: 1. Section 9110.7(b) specifies that the exterior side yard setback for a R1 zoned parcel (Single Family Residential) shall be eight (8) feet. The applicant is requesting a four (4) foot exterior side yard setback for a proposed 581 square foot addition to the residence, and a zero (0) foot side yard setback for a proposed carport addition to the existing detached two (2) car garage. STAFF RECOMMENDATION: Staff recommends that the Planning Adminstrator's conditional approval (Variance) No. 91-32 with findings approval. THE PUBLIC HEARING WAS OPENED. Commission uphold the Zoning of Conditional Exception and suggested conditions of Phillip Gregory Snowden, applicant, states his disagreement with staff. He feels a block wall would look terrible, and spoke in support of the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE THE APPEAL OF THE ZONING ADMINISTRATOR'S CONDITIONAL APPROVAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 91-32 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the addition to the existing single family residence with a possible garage expansion to within four (4) feet of the exterior property line will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; The proposed addition is on the exterior side property line. b. Property and improvements in the vicinity of such use or building. The proposed addition is on the exterior side property line. PC Minutes - 11/19/91 -17- (2802d) 2. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. The single family residence is consistent with the Low Density Residential Land Use Designation in the General Plan. 3. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The corner radius, the site angle cutoff and the additional setback required for exterior lots without additional lot width, restricts the ability to design a liveable house of comparable width to other houses in the area. 4. The granting of Conditional Exception No. 91-32 for an addition to the existing single family residence with a possible garage expansion to within four (4) feet of the exterior property line is necessary in order to preserve the enjoyment of one or more substantial property rights. The approval of the request will permit the property owner to construct a 32 foot wide residence similar to the interior lots within the tract. 5. The granting of Conditional Exception No. 91-32 for an addition to the existing single family residence with a possible garage expansion to within four (4) feet of the exterior property line will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The proposed addition will have no impact upon other properties in the neighborhood. 6. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 91-32 is sought and he will proceed to do so without unnecessary delay. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 9, 1991 shall be modified as follows: a. The property line boundary shall reflect a 10' X 10" corner cut-off at the alley and Lochlea Street corner. b. The total square footage of the building area addition shall be reduced by a minimum of eight (8) square feet or a new appraisal shall be provided to substantiate the additional living area in accord with FEMA (flood requirements). 2. A revised site plan pursuant to condition #1 shall be submitted for the file prior to the issuance of building permits. [1 PC Minutes - 11/19/91 -18- (2802d) 3. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 4. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. The proposed addition shall be architecturally compatible with the existing structure. 6. Low -volume heads shall be used on all spigots and water faucets. B-5 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 91-34: APPLICANT/APPELLANT: Michael Mehalick LOCATION: 325-13th Street Conditional Exception (Variance) No. 91-34 is a request to permit the construction of an exterior staircase to an existing second story deck pursuant to Section 9130 (Townlot Specific Plan) of the Huntington Beach Ordinance Code. In 1990, Conditional Exception No. 90-32 was reviewed by the Zoning Administrator to permit a second story residence to a proposed addition over the garage. Prior to the approval of Conditional Exception No. 90-32, the structure exceeded the fifty percent (50%) maximum site coverage by 3.2 percent (93.5 square feet) no additional open space was provided to allow the fifty-five percent (55%) provision in the code to be applied. On August 22, 1991, the Zoning Administrator approved the Conditional Exception No. 90-32 to allow a second story crossover to be permitted which resulted in 57% site coverage. No new site coverage was permitted other than the crossover. This permitted the property owner to expand their existing residence in a manner similar to other residences in the area. PC Minutes - 11/19/91 -19- (2802d) Conditional Exception (Variance) No. 91-34 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 913 in the following areas: 1. Section 9130.7 specifies that the opposite side yard setback for structures constructed on the property line shall be a minimum of five (5) feet. The applicant is requesting a three (3) foot side yard setback. 2. Section 9130.5 specifies that the maximum site coverage shall be 55 percent for two (2) story structures. The applicant is requesting 59 percent. 3. Section 9130.9 specifies that the minimum open space area shall be 856 square feet (600 square feet plus one [11 square foot for each square foot over 50% site coverage). The applicant is requesting 763 square feet. On September 25, 1991, the Zoning Administrator denied the request for the stairway because there were no exceptional circumstances related to the property to justify the request and it would be inconsistent with other properties in the area. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and uphold the Zoning Administrator's denial of Conditional Exception (Variance) No. 91-34 with findings for denial. THE PUBLIC HEARING WAS OPENED. Michael Mehalick, designer, spoke in support of the project. Barry Kantor, applicant, spoke in support of the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE THE APPEAL OF THE ZONING ADMINISTRATOR"S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 91-34 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED PC Minutes - 11/19/91 -20- (2802d) FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-34: 1. Conditional Exception No. 91-34 for the proposed exterior stairway resulting in a reduction of open space area (763 square feet in lieu of the required 856 square feet), reduced side yard setback (3 feet in lieu of the required 5 feet) and increased site coverage (59% in lieu of maximum 57% as approved by a previous variance) will not be detrimental to the general welfare of persons residing or working in the vicinity, or to property and improvements in the vicinity. The stairway will be setback a minimum of three feet (3') from the side yard property line which is typical for stairways. 2. Because of special circumstances applicable to the subject property, including lot size and building location, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The lot is 25' in width and the garage was built up to the property line (0' setback) on one side and six feet (6') on the other side which is unique for the area. The exterior stairway will be within that six foot (6') setback area. 3. The granting of Conditional Exception No. 91-34 is necessary in order to preserve the enjoyment of one or more property rights. The exterior stairway will provide additional access to the upper floor which is similar to other homes in the vicinity. 4. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 91-34 is sought and he will proceed to do so without unnecessary delay. 5. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. The single family residence is consistent with the Medium Density Residential Land Use Designation in the General Plan. SUGGESTED CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 4, 1991 shall be the conceptually approved layout. 2. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" indicating that the exterior stairway will be removed by the present owner prior to or at the time of sale of the unit. PC Minutes - 11/19/91 -21- (2802d) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 4, 1991: A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 4, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED JUNE 18, 1991: A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 18, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO. 91-5 - SIX (6) MONTH REVIEW: APPLICANT: Bajram and Sadija Djokaj LOCATION: 22311 Brookhurst, Suite B Conditional Use Permit No. 91-5 was approved by the Planning Commission on April 16, 1991 with a condition limiting the hours of operation from 11:00 AM to 9:00 PM. After reconsideration by the Planning Commission on May 21, 1991, the closing time was extended from 9:00 PM to 11:00 PM. A six (6) month review was required as part of the approval for the extended business hours. The applicants received the license from the Alcoholic Beverage Control Board on August 26, 1991. Since that time there have been no land use complaints and the Police Department has had no calls attributable to Massimo Pizza. In addition it appears that all conditions of approval are being met. P� PC Minutes - 11/19/91 -22- (2802d) [1 1 STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept the six (6) month review of Conditional Use Permit No. 91-5 with no further reviews required. A MOTION WAS MADE BY RICHARDSON, SECOND BY LEIPZIG, TO ACCEPT THE SIX (6) MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 91-5 WITH NO FURTHER REVIEWS REQUIRED, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS Commissioner Kirkland - inquired about the building on 3rd and Olive Streets that had been demolished leaving only one wall. Staff explained that the walls that should have stayed up could not withstand the demolition. Staff also said that the new building exterior will still be designed as a reproduction of the original building. F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS None PC Minutes - 11/19/91 -23- (2802d) I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY LEIPZIG, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON DECEMBER 3, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Shomaker, Bourguignon ABSTAIN: None MOTION PASSED /kj 1 APPROVE D BY: �Jlvv%_v' Mike Adams, Secretary anning Commission Chairperson 11 PC Minutes - 11/19/91 -24- (2802d)