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HomeMy WebLinkAbout1991-12-03MINUTES HUNTINGTON BEACH PLANNING COMMISSION DECEMBER 3, 1991 Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE APPROVED 4/7/92 - Civic Center California P P P P P ROLL CALL: Richardson, Newman, Shomaker, Kirkland, Dettloff P P Bourguignon, Leipzig A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 91-9: APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 91-9 is a request to amend Article 911 (Low Density Residential) to establish more restrictive standards for the approval of third story components of single family homes. The new standards would be applicable in the R1 (Low Density Residential) zoning district City-wide. The code amendment will also revise the definition of Building Height established in Article 908 (Definitions). The new height definition would be applicable in all zoning districts city-wide. The recommendations contained in Code Amendment No. 91-9 were generally formulated by the Harbour Code Committee which was created by the City Council in response to concerns regarding new third story construction in Huntington Harbour. The Code committee was comprised of City staff members, Planning Commissioners and residents of Huntington Harbour. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 91-9 as amended by staff with findings and forward to City Council for adoption. Commission Bourguignon requested that the Huntington Harbour Code Committee would like to meet with staff with their recommendations before this item is acted upon. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO CONTINUE CODE AMENDMENT NO. 91-9 TO FEBRUARY 4, 1992 IN ORDER FOR STAFF TO MEET WITH THE HUNTINGTON HARBOUR CODE COMMITTEE, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 12/3/91 -2- (2888d) B-2 CONDITIONAL USE PERMIT NO. 91-58/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-51/NEGATIVE DECLARATION NO. 91-41: APPLICANT: John Vaughan, DBA Best Towing Service LOCATION: 7472 Warner Avenue Conditional Use Permit No. 91-58, Conditional Exception (Variance) No. 91-51 and Negative Declaration No. 91-41 is a request to operate an automobile towing service and vehicle impound/storage yard on a 2.71 acre parcel pursuant to Section 9530.16 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 91-51 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 953, M1 District in the following area: 1. Section 9530.16(c) specifies that storage yards shall be enclosed by a solid six (6) inch concrete block of masonry wall not less than six (6) feet in height measured from the highest ground surface within 20 feet of the common property line. The applicant is requesting to provide an eight (8) foot high slatted chain link fence along the eastern and southern property lines. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Approve Negative Declaration No. 91-41; B. Approve Conditional Use Permit No. 91-58 with findings and suggested conditions of approval; and C. Deny Conditional Exception (Variance) No. 91-51 with findings. The Commission discussed their concern with an insufficient setback with the project being so close to residential and inaccurate parking calcuations. THE PUBLIC HEARING WAS OPENED. Bob Mandic, 1112 Main Street, stated his concern that this type of business would be allowed within 660 feet of residential. Mr. Mandic was also concerned with the amount of landscaping and cars stacking on Warner. Jim Vaughan, applicant, stated he was there to answer any questions the Commission may have. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 12/3/91 -3- (2888d) A MOTION WAS MOTION WAS MADE BY LEIPZIG, TO CONTINUE CONDITIONAL USE PERMIT NO. 91-58/CONDITIONAL EXCEPTION (VARIANCE) NO. 91=51/NEGATIVE DECLARATION NO. 91-41 IN ORDER FOR STAFF TO RE -ADVERTISE FOR A VARIANCE WHICH ALLOWS THIS TYPE OF SERVICE WITHIN 660 FEET OF RESIDENTIAL, MOTION DIES FOR A LACK OF SECOND. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON TO APPROVE NEGATIVE DECLARATION NO. 91-41, 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 BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-58 AS AMENDED BY STAFF WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO DENY CONDITIONAL EXCEPTION (VARIANCE) NO. 91-51 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-58: 1. The location, site layout and design of the proposed vehicle towing service and automobile impound/storage yard properly adapts the proposed structures to streets, driveways and other adjacent structures and uses in a harmonious manner. The office building is easily accessible from Warner Avenue and the automobile storage portion of the site meets the required 660 foot setback from any residential property. PC Minutes - 12/3/91 -4- (2888d) 2. The combination and relationship of one proposed use to another on a site are properly integrated. The office building, parking and storage yard are properly integrated to one another. 3. The access to and parking for the proposed vehicle towing service and automobile impound/storage yard does not create an undue traffic problem. Customers will obtain access to the site via an entrance on Warner Avenue while tow trucks and towed vehicles will enter the site via Cain Avenue. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-58: 1. The site plan, floor plans and elevations received and dated November 22, 1991 shall be the conceptually approved layout with the following modifications: a. Depict the 18 required parking spaces dimensioned nine (9) feet wide by 19 feet deep with a 26 foot wide drive aisle for back-up. b. Depict fire lanes, required turning radii at all entrances and a hammer head turn -around at the southern end of the property as required by the Fire Department. c. Indicate on the plans that a block wall shall be provided on the eastern property line within one (1) year of issuance of a Certificate of Occupancy unless the adjacent property is acquired and added to the project by additional Planning Commission approval. d. Depict the property in question as a 100 foot wide parcel and indicate the 15 foot wide easement along the eastern property line. e. Depict screening walls at Cedar Avenue set back ten (10) feet from the right-of-way with the entire setback area permanently landscaped and maintained. f. Relocate the office building 75 feet further south of Warner Avenue and provide double loaded parking, sidewalks and landscaping on the north side of the office building. g. Depict a gated entrance to secure the automobile storage area approximately four hundred fifty-eight (458) feet south of Warner Avenue. h. Site plan shall indicate proper dedication and improvement to Warner Avenue as per Public Works Department requirements. i. Office building shall provide a minimum of two (2) handicap access restrooms as per the Uniform Building Code. 2. Company tow trucks shall enter and exit from Cain Avenue only. Customers shall enter and exit the site from Warner Avenue. PC Minutes - 12/3/91 -5- (2888d) 3. Portable restrooms shall be provided on -site until completion of the office building. 4. Building Permits for the office building shall be secured within one (1) year of occupancy of the property. 5. Prior to submittal for building permits for the future construction of the office building, 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. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed. d. 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. e. 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. 6. 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. 77 PC Minutes - 12/3/91 -6- (2888d) 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 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. c. All applicable Public Works fees shall be paid. d. A bond equal in amount to the cost of construction of a solid six (6) inch concrete block or masonry wall not less than six (6) feet in height on the eastern and southern property lines shall be posted. 7. The Public Works Department requirements are as follows: a. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. b. Submit a soils report and grading plan for Public Works approval. c. Hydrology/Hydraulic studies shall be submitted for this site as well as the site to the west. 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. The existing driveway on Warner Avenue shall be removed and replaced with a radius type. g. Show the existing fire hydrants and water line. h. Submit proof that existing hydrants and water lines are within a 10.00 foot wide easement. Otherwise, an easement will be required. i. All Public Works fees shall be paid prior to issuance of building permit. PC Minutes - 12/3/91 -7- (2888d) 8. a Fire Department Requirements are as follows: a. Access roads from Cain and Cedar shall have inside/outside turn radii of 17 feet/45 feet. b. No parking - Fire Lane to be posted on access gates from Cain and Cedar. c. Driveway to be straightened as it passes front building to allow for Fire Department access. d. Hammerhead turn -around shall be provided at Southern terminus of property. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 10. 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. 11. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 12. Two empolyees shall be present on -site 24 hours a day for security purposes. 13. All repair work shall be conducted solely on vehicles associated with the towing service and not as a business venture for profit. All repair work shall be conducted wholly within the building. 14. The project shall comply with all applicable provisions of Chapter 5.66 Motor Vehicle Towing Service of the Huntington Beach Ordinance Code. 15. 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. 16. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. L PC Minutes - 12/3/91 -8- (2888d) 17. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. 18. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. 19. A review of the use shall be conducted within twelve (12) months of the issuance of a Certificate of Occupancy to verify compliance with all conditions of approval and applicable articles of the Huntington Beach Ordinance Code. The review shall focus on construction status of the solid six (6) inch concrete block or masonry wall not less than six (6) feet in height on the eastern and southern property lines and status of construction of the office building. If at that time progress has not been demonstrated, a revocation hearing for the conditional use permit may be scheduled. 20. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 91-58, Conditional Exception (Variance) No. 91-51 and Negative Declaration No. 91-41 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 21. 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, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 22. Conditional Use Permit No. 91-58, Conditional Exception (Variance) No. 91-51 and Negative Declaration No. 91-41 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. 23. Proof that the parcel is a legal lot shall be submitted to the Department of Community Development. Should it be determined that the property is not a legal lot, a tentative parcel map shall be submitted and approved prior to use or occupancy of the property. PC Minutes - 12/3/91 -9- (2888d) FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-51: 1. There are no exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2. The granting of a conditional exception to waive requirements for construction of a solid masonry wall is not necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 91-51 to waive requirements for construction of a solid masonry wall will be materially detrimental to the public health, safety and welfare, or injurious to the conforming land, property, or improvements in the neighborhood. 4. The proposed slatted chain link fence for screening of the automobile storage yard from adjacent properties in lieu of a block wall is not consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Industrial. 5. The granting of this conditional exception from Section 953 of the Huntington Beach Ordinance Code will defeat the general purposes or intent of the code which is to provide screening for the automobile storage yard from the adjacent properties. B-3 SPECIAL SIGN PERMIT NO. 91-7: APPLICANT: Expressions Advertising LOCATION: 18151 Beach Boulevard Special Sign Permit No. 91-7 is a request to permit a 60 square foot illuminated business identification pylon sign of 15 foot height pursuant to Section 9610.7 of the Huntington Beach Ordinance Code. Special Sign Permit No. 91-7 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 961, Title Signs in the following area: 1. Section 9610.5(b) specifies that maximum height permitted is seven (7) feet and the maximum square footage permitted is 50 square feet. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny Special Sign Permit No. 91-7 with findings. PC Minutes - 12/3/91 -10- (2888d) THE PUBLIC HEARING WAS OPENED. Chris Kossmeyer, representing applicant, spoke in support of the request. Mr. Kossmeyer stated that customers have a hard time finding his business causing an economic hardship. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY DETTLOFF, SECOND BY LEIPZIG TO DENY SPECIAL SIGN PERMIT NO. 91-7 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Dettloff, Leipzig NOES: Richardson Newman, ABSENT: None ABSTAIN: None MOTION FAILED Shomaker, Kirkland, Bourguignon A MOTION WAS MADE BY NEWMAN, SECOND BY SHOMAKER TO APPROVE SPECIAL SIGN PERMIT NO. 91-7 AS PRESENTED BY THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Bourguignon NOES: Dettloff, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 91-7: 1. Strict compliance with Article 976 is resulting in a substantial economic hardship to the applicant. 2. The proposed illuminated monument sign will not adversely affect other signs in the area. 3. The proposed illuminated monument sign will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4. The proposed sign at the proposed location will not obstruct pedestrian or vehicular traffic vision. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 91-7: 1. The site plan and sign elevations received and dated December 3, 1991 shall be the approved layout. PC Minutes - 12/3/91 -11- (2888d) B-4 GENERAL PLAN AMENDMENT NO. 90-8/ZONE CHANGE NO. 90-17/ ENVIRONMENTAL IMPACT REPORT NO. 90-3: APPLICANT: Andover/Chandler Companies LOCATION: Wintersburg School Site (southeast corner of Warner Avenue and Goldenwest Street) (see attached map) Due to the need for additional analysis o 90-8, the staff is requesting that this i 7, 1992. At that time the public hearing testimony taken. The applicant, Andover notified of the staff's intent to request to January 7, 1992. Should this item be the staff will readvertise the item with of the public hearing. STAFF RECOMMENDATION: n General Plan Amendment No. tem be continued to January can be opened, and public Chandler Companies, was a continuance of this item continued by the Commission, the new date, time and place Staff recommends that the Planning Commission continue General Plan Amendment No. 90-8/Zone Change No. 90-17/Environmental Impact Report No. 90-3 to the January 7, 1992 Planning Commission meeting. A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO CONTINUE GENERAL PLAN AMENDMENT NO. 90-8/ZONE CHANGE NO. 90-17/ENVIRONMENTAL IMPACT REPORT NO. 90-3 TO THE JANUARY 7, 1992 PLANNING COMMISSION MEETING DUE TO THE NEED FOR ADDITIONAL ANALYSIS ON GENERAL PLAN AMENDMENT NO. 90-8, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None E. DISCUSSION ITEMS None PC Minutes - 12/3/91 -12- (2888d) F. PLANNING COMMISSION INQUIRIES Commissioner Bourguignon - questioned staff as to the status of the Huntington Harbour Docks. Public Works informed him they were still investigating and no information has yet been released. Commissioner Richardson - told staff he was concerned with the fact that appeals of Planning Commission decisions to the City Council are often presented differently. He asked that any changes made from the time of Planning Commission decision to request for action from Council be highlighted by staff. G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the City Council meeting of December 2, 1991. I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON DECEMBER 17, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: t� A Mike Adams, Sec etary Newman, Shomaker, Kirkland, Dettloff, Leipzig Ff anning Commission Chairperson PC Minutes - 12/3/91 -13- (2888d)