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HomeMy WebLinkAbout1992-02-19APPROVED 5/19/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION WEDNESDAY, FEBRUARY 19, 1992 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM DIVISION 9 REWRITE REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A P P P P ROLL CALL: Kirkland, Newman, Richardson, Shomaker, Dettloff A 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 ZONE CHANGE NO. 90-16/TENTATIVE TRACT NO 14296/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-37 (CONTINUED FROM THE JANUARY 28 1992 PLANNING COMMISSION MEETING): APPLICANT: Pacific Coast Homes LOCATION: North side of Lawn Haven Drive approximately 100 feet west of Evening Hill Drive. These items were continued from the January 28, 1992 Planning Commission meeting so that additional information could be provided. Zone change No. 90-16 is a request to rezone a 2.31 acre parcel from R4-01 ROS-0 to R1. Tentative Tract Map No. 14296 is a request to subdivide a 2.31 acre parcel into ten (10) lots pursuant to Section 9998 of the Huntington Beach Ordinance Code. The Planning Commission directed staff to analyze the following items: 1. Feasibility of access to Clay Avenue; 2. Potential impact to the future alignment of Clay Avenue; 3. Impact of access on Lawn Haven Drive; and 4. Drainage impacts to Lawn Haven Drive. Conditional Exception (variance) No. 91-37 is a request to reduce four (4) lot frontages from the required 45 foot lot fronting to 20, 25, 35 and 38 feet. STAFF RECOMMENDATION Staff recommends that the Planning Commission: A. Approve Zone Change No. 90-16 with findings and forward to City Council for adoption; and B. Approve Tentative Tract Map No. 14296 as modified by staff and Conditional Exception No. 91-37. THE PUBLIC HEARING WAS OPENED. Tom Zanic, representing applicant, stated his support of the Subdivision Committee's recommendation and does not support staff's alternative. Laura Jackle, spoke in opposition to applicant's request and in support of staff's alternative. Dorthy Helkrotte, spoke in opposition to applicant's request and in support of staff's alternative. Nick Tomaino, President Homeowner's Association, spoke in support of Subdivision Committee's recommendation. Paul Jackle, stated his concern with traffic and unsafe turnaround with Subdivision Committee's recommendation. Mr. Jackle also stated he thought the construction hours should be enforced by the Planning Department not the Police Department. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 2/19/92 -2- (3332d) Fj The Commission asked staff to differentiate between staff's recommendation and the Committee's recommendation. Staff explained that staff's alternative was better for traffic, headlights in windows, circulation and quick turns. A discussion ensued among the Commissioners and staff regarding staff's alterative. It was stated that if the Commission were in favor of staff's recommendation they would need to deny the current applicantion and staff would come back with a revised plan. They discussed the delays this would cause the project and decided to approve as recommended by the Subdivision Committee with the deletion of Condition No. 4 and forward to the City Council. A MOTION WAS MADE NEWMAN, SECOND BY LEIPZIG, TO APPROVE ZONE CHANGE NO. 90-16 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Newman, Richardson, Shomaker, Dettloff, Leizpig NOES: None ABSENT: Kirkland, Bourguignon ABSTAIN: None MOTION PASSED A MOTION WAS MADE NEWMAN, SECOND BY LEIPZIG, TO APPROVE TENTATIVE TRACT MAP NO. 14296 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-37 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Richardson, Shomaker, Dettloff, Leizpig NOES: None ABSENT: Kirkland, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO 90-16: 1. The proposed zone change from R4-01 and ROS-0 to R1 conforms with the Land Use Element of the General Plan designation of Low Density Residential. 2. The proposed zone change from R4-01 and ROS-0 to R1 is consistent with surrounding low density residential land uses which conforms to Low Density Residential. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91-37: 1. The unique configuration of the Lawn Haven and Eveninghill Drive Conditional Exception (Variance) parcel near the intersection of justifies the granting of No. 91-37. PC Minutes - 2/19/92 -3- (3332d) i 2. The granting of Conditional Exception (Variance) No. 91-37 for reduced lot frontages will not be materially detrimental to the public safety and welfare because one additional parking will be provided on -site for lots with reduced frontage. 3. The granting of Conditional Exception (Variance) No. 91-37 for reduced lot frontages will not adversely affect the General Plan of the City of Huntington Beach because one additional parking space will be provided on -site for lots with reduced frontage. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14296: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for Tentative Tract Map No. 14296 are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential was implemented. 3. The site is relatively flat and physically suitable for the proposed density of 4.3 units per gross acre. 4. Tentative Tract Map No. 14296 is consistent with the goals and policies of the Huntington Beach General Plan. - CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14296: 1. The tentative tract map received and dated January 23, 1992, shall be the conceptually approved layout. 2. Provide one additional parking space on each lot with a reduced lot frontage. 3. The water and sewer system and appurtenances, shall be dedicated to the City of Huntington Beach. 4. Damaged and deteriorated public improvements including the drainage system on Lawn Haven Drive shall be reconstructed per Public Works standards and requirements. 5. Provide fire hydrants per Fire Department standards. 6. Street shall have minimum width of forty feet (40') curb to curb. 7. Project shall comply with Fire Code Specifications #422, #429, and #431 for the abandonment of oil wells, methane mitigation, and soils/site restoration. PC Minutes - 2/19/92 -4- (3332d) 8. Streets and fire hydrants shall be completed prior to combustible construction phase. 9. A fire protection plan shall be submitted to the Fire Department complying with Fire Code Specification #426. 10. All structures five thousand (5,000) gross square feet or larger shall have automatic fire sprinklers. 11. Cul-du-sac shall be eighty feet (80') minimum width curb to curb. 12. Prior to issuance of building permits, the final tract map shall be accepted by the City Council, recorded with Orange County Recorder and a copy filed with the Department of Community Development. 13. The development shall comply with all applicable provisions of the ordinance code, Building Division, and Fire Department. 14. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 15. During construction, the applicant shall: a. Use low sulfur fuel for construction equipment; b. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); and c. Discontinue construction during second stage smog alerts. 16. Construction shall be limited to Monday - Friday 7:00 AM to 5:00 PM. Construction shall be prohibited Saturdays, Sundays and Federal holidays. 17. Tentative Tract Map No. 14296 shall not become effective until Zone Change No. 90-9 has been approved by the City Council and in effect. 18. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 19. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 20. Prior to submittal of working drawings for building permits, a tract site plan shall be submitted to the Department of Community Development for review. PC Minutes - 2/19/92 -5- (3332d) 21. Custom lot development shall be subject to the approval of a Use Permit by the Zoning Administrator. 22. Prior to issuance of building permits pay Park and Recreation in -lieu fees or dedicate land. 23. Prior to submitting the final map, CC&R's shall be prepared which are compatible with the existing CC&R's and submitted for review to the Department of Community Development and approved as to form by the City Attorney. 24. All fencing shall be set back to the front building face on flag lots. 25. All existing concrete block walls which separate the tentative tract from existing homeowner property shall remain intact as constructed unless removal is agreed to in writing by the homeowner and the developer. 26. Removal of any existing former oil island block walls(s) or section of block wall(s) shall be done in a manner which maintains the structural integrity of remaining wall(s). Any damage done to existing block wall(s) or fence shall be restored at the developer's expense prior to final inspection of first unit. 27. New block walls which align with and are adjacent to existing exterior walls shall be contructed of similar materials and in a style compatible with existing walls. No new walls shall be built in front of existing golf course fronting homes without the homeowner's written consent. 28. All existing mature trees shall be identified by the developer prior to issuance of building permits. Replacement of trees shall be 36 inch box replaced on a two for one ratio and shall be within the tentative tract map boundaries in the same location, if feasible. 29. Drainage from the tentative tract shall not add to existing drainage problems in the existing neighborhoods. 30. Prior to issuance of grading permits for each tentative map, drainage alterations and improvements shall be approved by the Department of Public Works. 31. Prior to recordation of the tract map, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within five (5) minutes. PC Minutes - 2/19/92 -6- (3332d) a. Prior to issuance of building permits pay fair share for: 1) future Springdale Fire Station and equipment; 2) "Opticom" traffic control systems; 3) 3 additional paramedics for Gothard Station; 4) improvements to City's water distribution system; and 5) completion of cross -gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. 32. Provide and develop a minimum .55 acre greenbelt area in lower and minimum .55 acre greenbelt area in upper Seacliff, prior to issuance of any building permits. 33. Maintain current water level of service by complying with water system improvements contained in the City's Water Masterplan and specific Water Department recommendations. Compliance shall be demonstrated prior to occupancy of the first unit of the tentative tract. 34. This Tentative Tract Map shall become null and void unless exercised by March 2, 1994, or unless extended by the Planning Commission pursuant to a written request. B-2 TENTATIVE PARCEL MAP NO. 91-289/TENTATIVE PARCEL MAP NO. 92-114/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-53/COASTAL DEVELOPMENT PERMIT NO. 91-40/NEGATIVE DECLARATION NO. 91-47: APPLICANT: Thom Jacobs LOCATION: The vacated portion of Chicago Street and the two lots immediately south of Chicago Avenue on the west side of Alabama Street. Tentative Parcel Map 91-289 is a request to subdivide one existing vacated street into two (2) parcels with reduced lot frontage on one (1) lot. Tentative Parcel Map No. 92-114 is a request to adjust three (3) existing lots, one 33 foot wide lot (Parcel 2 of Tentative Parcel Map No. 91-289) one 23 foot wide lot and one 25 foot wide lot into three (3) equal 27 foot wide lots. Conditional Exception No. 91-53 has been initiated because three (3) of the newly created lots do not comply with minimum lot frontage standard of 30 feet. PC Minutes - 2/19/92 -7- (3332d) t STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-47, Tentative Parcel Map 91-289, Tentative Parcel Map No. 92-114, Conditional Exception No. 91-53 and Coastal Development Permit No. 91-47 with findings and suggested conditions of approval. The Commission discussed their concern with the recordation of the second parcel map. A mechanism in which is would be assured that the second map would be recorded was discussed. THE PUBLIC HEARING WAS OPENED. Thom Jacobs, applicant, spoke in support of the request. He stated he has worked with staff for several months, gone through many alternatives and feels his development will be superior to adjacent developments. 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 RICHARDSON, TO APPROVE TENTATIVE PARCEL MAP NO. 91-289, TENTATIVE PARCEL MAP NO. 92-114, CONDITIONAL EXCEPTION (VARIANCE) NO. 91=53, COASTAL DEVELOPMENT PERMIT NO. 91-49 AND DRAFT NEGATIVE DECLARTION NO. 91-47 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Newman, Richardson, Shomaker, Dettloff, Leizpig NOES: None ABSENT: Kirkland, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 91-289: 1. The proposed subdivision of two (2) parcels with reduced lot frontage from 30 feet to 27 feet for purposes of residential use is in compliance with the size and shape of property necessary for that type of development. The applicant has requested a variance to lot frontage which was approved by the Planning Commission by the public hearing process. 2. The General Plan has set for the provisions for this type of land use as well as setting forth objectives for implementation of this type of use. The proposed two (2) lot subdivision meets the requirements of the Medium Density Residential land use designation in the General Plan. 1 PC Minutes - 2/19/92 -8- (3332d) 3. The property was previously studied for this intensity of land use at the time the land use designation for residential buildings was places on the subject property. The proposed two (2) lot subdivision meets the requirements of the Medium Density Residential land use designation in the General Plan. 4. The size, depth, frontage, street width andother design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. The applicant has requested a variance to lot frontage which was approved by the Planning Commission by the public hearing process. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 92-114: 1. The proposed subdivision of three (3) parcels with reduced lot frontage from 30 feet to 27 feet for purposes of residential use is in compliance with the size and shape of property necessary for that type of development. The applicant has requested a variance to lot frontage which was approved by the Planning Commission by the public hearing process. 2. The General Plan has set for the provisions for this type of land use as well as setting forth objectives for implementation of this type of use. The proposed three (3) lot subdivision meets the requirements of the Medium Density Residential land use designation in the General Plan. 3. The property was previously studied for this intensity of land use at the time the land use designation for residential buildings was places on the subject property. The proposed three (3) lot subdivision meets the requirements of the Medium Density Residential land use designation in the General Plan. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. The applicant has requested a variance to lot frontage which was approved by the Planning Commission by the public hearing process. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-53: 1. There are 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. The subject property is located in a neighborhood typified by 25 foot wide lots. The strict application of the 30 foot lot width requirement would result in single family residential lots that are substantially larger than the 25 foot wide lots in the neighborhood. PC Minutes - 2/19/92 -9- (3332d) 2. The granting of a conditional exception for 27 foot wide lots would be more consistent with the existing 25 foot wide lots in the neighborhood rather than the 30 foot wide lots required by code. 3. The granting of Conditional Exception No. 91-53 for four 27 foot wide lots in lieu of 30 foot wide lots will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. The proposed 27 foot wide lots will be developed in a manner consistent with other 25 foot wide lots in the area. 4. Conditional Exception No. 91-53 for four 27 foot wide lots in lieu of the code required 30 feet is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Medium Density Residential. The proposed subdivisions meet the density requirements of the General Plan. 5. The granting of this conditional exception from Section 9130.2(b) of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to create districts of compatible land uses within specific areas of the City. The 27 foot wide lots would be consistent with the existing 25 foot wide lots in the neighborhood. 6. The establishment, maintenance and operation of the proposed 27 foot wide lots will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. The proposed 27 foot wide lots will be slightly larger than the existing 25 foot wide lots in the neighborhood. In addition, the proposed subdivision would increase the amount of Single Family Residences within a neighborhood with mostly apartments. 7. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and he will proceed to do so without unnecessary delay. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-40: 1. The proposed two phased, four lot subdivision with reduced lot frontage from 30 feet to 27 feet conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 91-40 is consistent with the CZ (Coastal Zone) suffix, the OTSP-2 zone as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. With the approval of Conditional Exception No. 91-53, the proposed subdivision meets all standards of code and will be consistent with the neighborhood which has many 25 foot wide lots. PC Minutes - 2/19/92 -10- (3332d) 3. At the time of occupancy, the proposed four lot subdivision development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. All necessary infrastructure is currently in place. 4. The proposed two -phased four -lot subdivision conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The subject property is over 2,000 feet from the ocean by the shortest walking distance, therefore it will have no impact upon coastal access and there are no public coastal views across the property. 5. Approval of the Conditional Exception (Variance) No. 91-40 will result in no modification of the requirement of the C-LUP. The proposed subdivisions are consistent with the approved coastal land use designation of Medium Density Residential and will have no impact upon public coastal views or access. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO 91-289: 1. The tentative parcel map received by the Department of Community Dvelopment on February 4, 1992 shall the the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed. 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed. 5. All utilities shall be installed underground at the time said parcels are developed. 6. Development shall comply with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Community Development. 8. Development of the subject properties shall require approval of a use permit to the Zoning Administrator. The Zoning Administrator shall consider aesthetics and additional off-street parking in acting on the use permit. 9. The existing duplex on the north side of the subject property shall be demolished before Tentative Parcel Map No. 91-289 is recorded. 10. Public Works conditions shall be as follows: a. A Sepia of the final parcel map shall be submitted with the original map prior to the City Engineer's signature. PC Minutes - 2/19/92 -11- (3332d) b. The applicant shall submit a fixline photo mylar and microfilm card of the recorded map within 30 days after recordation. c. The north half of Chicago Street shall be removed prior to issuance of building permits. This shall include removal of curb, gutter, pavement, cross gutter, all utilities, etc. The street shall be closed off with the construction of curb, gutter and sidewalk. 11. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 12. The Conditions of Approval adopted by the Planning Commission for General Plan Conformance No. 91-9 shall be complied with prior to issuance of Building Permits. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 92-114: 1. The tentative parcel map received by the Department of Community Development on February 4, 1992 shall the the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed. 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed. 5. All utilities shall be installed underground at the time said parcels are developed. 6. Development shall comply with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Community Development. 8. Development of the subject properties shall require approval of a use permit to the Zoning Administrator. The Zoning Adminstrator shall consider aesthetics and off-street parking in acting on the use permit. 9. The existing duplex on Parcels 2 and 3 of the subject property shall be demolished prior to recording Tentative Parcel Map No. 91-289. 10. Public Works conditions shall be as follows: a. Sepia of the final parcel map shall be submitted with the original map prior to the City Engineer's signature. PC Minutes - 2/19/92 -12- (3332d) C b. The applicant shall submit a fixline photo mylar and microfilm card of the recorded map within 30 days after recordation. c. The south half of Chicago Street shall be removed prior to issuance of building permits. This shall include removal of curb, gutter, pavement, cross gutter, all utilities, etc. The street shall be closed off with the construction of curb, gutter and sidewalk. 11. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 12. The Conditions of Approval adopted by the Planning Commission for General Plan Conformance No. 91-9 shall be complied with prior to issuance of Building Permits. B-3 CONDITIONAL USE PERMIT NO. 91-56/COASTAL DEVELOPMENT PERMIT NO. 91-36: APPLICANT: Richard L. Anderson LOCATION: 3742 Nimble Circle Conditional Use Permit No. 91-56 in conjunction with Coastal Development Permit No. 91-36 is a request to permit the remodel of an existing single family residence with a 314 square foot third story study/exercise room pursuant to Section 9110.4(a0 of the Huntington Beach Ordinance Code. The proposed remodel meets all standards of the code and has received approval from the Trinidad Island Homeowners Association. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-56 and Coastal Development Permit No. 91-36 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 2/19/92 -13- (3332d) A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-56 AND COASTAL DEVELOPMENT PERMIT NO. 91-36 WITH FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Newman, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Kirkland, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-56: 1. The proposed construction of a single family residence with a third floor 314 square foot study/exercise room will not have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity or will not be detrimental to the value of the property and improvements in the vicinity. The proposal as designed, meets and or exceeds the code requirements for a third story and, therefore, will not be detrimental to the surrounding neighborhood. 2. The proposed construction of a single family residence with a third floor 314 square foot study/exercise room will be compatible with existing or proposed uses in the vicinity. The proposed third story study/exercise room is within the maximum height limits for any two (2) story residence and, therefore, will be compatible with the existing and surrounding two (2) and three (3) story residences of the Huntington Harbour area. 3. The location, site layout and design of the proposed construction of a single family residence with a third floor 314 square foot study/exercise room is properly related to the streets, drives and other structures and uses in the vicinity in a harmonious manner. The third story is located in the center of the lot and contains only skylights, no windows, to minimize impacts on the adjacent residences and, therefore, will be harmonious with existing structures and uses. 4. The proposed construction of a single family residence with a third floor 314 square foot study/exercise room is consistent with the goals and policies of the Huntington Beach General Plan. The General Plan allows for a wide variety of housing types and the proposal as submitted conforms to the provision of a third story addition as implemented through the zoning ordinance and the plans and policies of the Housing Element of the General Plan. PC Minutes - 2/19/92 -14- (3332d) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-36: 1. The proposed construction of a single family residence with a third floor 314 square foot study/exercise room as proposed by Coastal Development Permit No. 91-36 conforms with the plans, policies, requirements and standards of the Coastal Element. 2. The proposed construction of a single family residence with a third floor 314 square foot study/exercise room as proposed by Coastal Development Permit No. 91-36 is consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The proposed construction of a single family residence with a third floor 314 square foot study/exercise room as proposed by Coastal Development Permit No. 91-36, will have available, infrastructure in a manner that is consistent with the C-LUP. 4. The proposed construction of a single family residence with a third floor 314 square foot study/exercise room as proposed by Coastal Development Permit No. 91-36 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-56/COASTAL DEVELOPMENT PERMIT N0, 91-36: 1. The site plan, floor plans, and elevations received and dated February 11, 1992 shall be the conceptually approved layout. 2. This approval shall not constitute approval for cantilevered or projecting decks. Such items will be subject to separate entitlement review. 3. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. b. If foil -type insulation is to be sued, 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. PC Minutes - 2/19/92 -15- (3332d) d. The site plan (or reference page) shall include all conditions of approval imposed on the project printed verbatim. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. All applicable Public Works fees shall be paid. 5. The Fire Department requirements are as follows: a. Provide an automatic fire sprinkler system per Fire Department Standard No. 413. b. Provide a two (2) inch domestic/fire water meter per Public Works specifications. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. Prior to final building permit approval the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. c. 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. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-56 and Coastal Development Permit No. 91-36 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. Conditional Use Permit No. 91-56 and Coastal Development Permit No. 91-36 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 1 PC Minutes - 2/19/92 -16- (3332d) B-4 CONDITIONAL USE PERMIT NO. 91-25/ZONE CHANGE NO, 91-3/TENTATIVE TRACT MAP NO. 14515/MITIGATED NEGATIVE DECLARATION NO. 91-15: APPLICANT: Tumanjan/Fountain Valley Partners, L.P. III LOCATION: 9800 Yorktown Avenue (approximately 650 south of Yorktown Avenue, southwest side of Education Lane-Bushard School) Conditional Use Permit No. 91-25 with Special Permits and Tentative Tract Map No. 14515 is a request to subdivide 10.15 gross acres of land into a 58 lot detached single family residential planned development with private streets and private open space areas pursuant to Section 915 of the Huntington Beach Ordinance Code. Tentative Tract Map No. 14515 is the request to subdivide the southerly 10.15 gross acres of the existing 18.19 gross acre site which includes the currently open Oka Elementary school to the north and demolish the closed Bushard Elementary school for development. The special permits are for 1) reduction of the minimum exterior sideyard; 2) reduction of the interior sideyard setback; 3) reduction of the interior sideyard setback for garages; 4) reduced side to side building separation; 5) reduced accessway and building separation; 6) reduced setback between main recreation area and a dwelling unit; 7) permit a cabana in lieu of a clubhouse facility; and 8) reduction of the private accessway requirement. Zone Change No. 91-3 has been initiated to add the PD (Planned Development) suffix to the underlying R1 (Low Density Residential) zoning designation. The existing CF-E (Community Facilities -Education) overlay shall be removed pursuant to Article 946 of the Huntington Beach Ordinance Code which permits the removal of the overlay administratively by the Director. The existing General Plan land use designation for the site is Low Density Residential. The proposed development is consistent with the existing land use designation. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Approve Mitigated Negative Declaration No. 91-15 with mitigation measures; and B. Approve Conditional Use Permit No. 91-25 with Special Permits and Tentative Tract Map No. 14515 with findings and suggested conditions of approval; and C. Approve Zone Change No. 91-3 with findings and forward to the City Council for adoption. PC Minutes - 2/19/92 -17- (3332d) The Commission discussed the rolls between the City and the School, how they could safeguard the public's property, the unification of the school districts and the possibilty of a meeting with the public, school district's and the City. THE PUBLIC HEARING WAS OPENED. Peter Delgado, applicant, explained the details of his project. Mr. Delgado also explained that they had previously met with the public during the development of the project. He stated his opposition to low and moderate housing. Nancy Gilbertson, 19775 Coventry Lane, spoke in opposition to the request. Her concern was loss of open space. Barbara Vogel, Fountain Valley Board of Trustees, stated the school district needed the monies from the sale of the school site to pay for maintenance of other schools. Ruben Ingram, Fountain Valley School District, stated the school district had more than enough facilities for the current students. He said he was available for any questions. Margaret Schwanke, 19681 Phoenix Lane, stated she was in favor of the request. She feels it will benefit both the children and the school district. Ronica Dean, 19917 Derbyshire Lane, spoke in opposition to the project. She is concerned with increased density, flooding, loss of open space and pollution. Jill Voloul, 10051 Kukui Drive, spoke in opposition to the project. She stated she currently runs the day care facility located in the school site and will be evicted if the request is approved. Mickey Hooton, 19851 Trident Lane, spoke in opposition to the request. He is concerned with increased density and overcrowding of schools. Judy Sheldon, 19796 Kingswood Lane, spoke in opposition to the request. She is concerned with flooding, water at peak hours, traffic and parking. John Colby, 9635 Cornwall Drive, spoke in opposition to the project with concern over higher density. Frieda Ward, 9596 Cornwall Drive, spoke in opposition to the project. Janet Mulholland, 9962 Frederick Circle, spoke in opposition to the project with concerns over increased traffic. Jean Abel, 19853 Keswick Lane, spoke in opposition to the project. She stated she was not properly notified and the project did not support the community. PC Minutes - 2/19/92 -18- (3332d) Brenda Myers, 13291 Monroe, Garden Grove, stated she was a teacher at the pre-school. Ms. Myers stated that she had never been contacted regarding relocation and the school was financially unable to move. Gaylyn Meyers, 9662 Warburton, spoke in opposition to the project. She was concerned with loss of open space and community services. Steven Tullock, 9681 Woodlawn Drive, spoke in opposition to the project. He was concerned with higher density, loss of open space and improper drainage. Mark Kemmer, 19612 Tibbett Lane, spoke in opposition to the project. He was concerned with increased traffic and drainage problems. Steve Smith, 9872 Constitution Drive, spoke in opposition to the request. He was concerned with increased traffic, loss of a school site and water supply. Michael W. Bryant, 19909 Sheffield Lane, spoke in opposition to the project. Gina Lynn Brant, 19909 Sheffield Lane, spoke in opposition to the project. William B. Whitmore, 9901 Moore Circle, spoke in support of the project. Don Deatherage, 9892 Constitution Drive, spoke in opposition to the project. Dan Schlegel, 9662 Bickley Drive, spoke in opposition to the request. He was concerned with parking, flooding, higher density and noise. John B. Necarsulmer, Real Estate Broker, spoke in support of the project and stated they had been in touch with the pre-school and offered relocation assistance. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners regarding the speakers concerns regarding drainage and flooding. They also discussed the need for a comprehensive overview with all involved parties. A concern regarding a change in demographics and the need for more open space in the future was discussed. PC Minutes - 2/19/92 -19- (3332d) A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO DENY MIGIGATED NEGATIVE DECLARATION NO. 91-15, CONDITIONAL USE PERMIT NO. 91-25 WITH SPECIAL PERMITS, ZONE CHANGE NO. 91-3 AND TENTATIVE TRACT MAP NO. 14515, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Leipzig NOES: Richardson, Dettloff ABSENT: Kirkland, Bourguignon ABSTAIN: None MOTION FAILED MOTION TO DENY FAILS ITEM AUTOMATICALLY CONTIUED TO THE NEXT SCHEDULED MEETING MARCH 3, 1992 BECAUSE THERE WAS NOT A FOUR VOTE MAJORITY. B-5 CONDITIONAL USE PERMIT NO. 91-59/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-52: APPLICANT: Ronald and Gina Calisher LOCATION: 9352 La Jolla Circle Conditional Use Permit No. 91-59 and Conditional Exception (Variance) No. 91-52 is a request to construct a three (3) story single family dwelling exceeding the mid -point roof height restriction and an accessory structure exceeding 42 inches in height within the front 15 foot setback pursuant to Sections 9110.4(a) and 9110.6 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-59 and Conditional Exception (Variance) No. 91-52 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Alan Calisher, Architect, explained to the Commission that the balconies adjacent to stairway only access to backyard. Ron Calisher, 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 OPENED. PC Minutes - 2/19/92 -20- (3332d) A MOTION WAS MADE BY DETTLOFF, SECOND BY,SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 91-59 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-52 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Dettloff, Leipzig NOES: Richardson ABSENT: Kirkland, Newman, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL_- CONDITIONAL USE PERMIT NO. 91-59: 1. The project site is located in the 100 year flood plain, flood zone designation AE, and is a designated flood hazard area by the Federal Emergency Management Agency/Flood Insurance Administration. The site must, therefore, be developed in accordance with Article 940 Flood Plain Suffix which requires new residential construction be elevated at or above the base flood elevation. As designed the project meets the requirements of the Article 940 while exceeding the R1 development standards the minimal amount necessary to comply with that Article. 2. The single family dwelling is three stories in order to elevate the structure above the base flood elevation and to allow a two-story living area that is normally enjoyed by other residents within the R1 zoning district. 3. The single family dwelling meets the total building height requirement specified by the code, and the proposed midpoint roof height exceeds the code requirement less than the vertical distance required to elevate the structure above the base flood elevation. 4. The site layout and design of the proposed three-story single family dwelling is properly adapted to the streets, driveways, and other adjacent single family residences in a harmonious manner. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-52: 1. Due to the flooplain requirements there are 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 No. 91-52 for the entryway structure within the front 15 foot setback will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming land, property, or improvements in the neighborhood. PC Minutes - 2/19/92 -21- (3332d) 3. The establishment of a three story dwelling will not be detrimental to the general welfare of persons residing or working in the vicinity or to property and improvements in the vicinity of the dwelling. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 91-59: 1. The site plan, floor plans, and elevations received and dated February 13, 1992 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. b. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed. d. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of a foundation only permit, the applicant shall submit a report from a registered professional engineer or architect that the proposed structure has been designed to withstand the forces generated by the 100 year flood pursuant to Section 60.3(5) of the floodplain management regulations. The plans shall indicate that the lowest habitable floor has been elevated at least one (1) foot above the base flood elevations. 4. 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 grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. All applicable Public Works fees shall be paid. PC Minutes - 2/19/92 -22- (3332d) 5. The applicant shall submit an elevation certificate prepared by a licensed engineer or surveyor which shall certify the lowest habitable floor will be constructed one (1) foot above the base flood elevation. The dwelling shall be constructed to comply with all the requirements of Article 940 Floodplain suffix. All construction below the base flood elevation shall utilize flood damage resistant materials, and all mechanical and utility equipment in the garage must be elevated to or above the base flood elevation or flood proofed. 6. The Public Works Department requirements are as follows: a. The Developer shall be responsible for the payment of the Traffic Impact fees at the time of final inspection. b. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. c. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. d. All off -site improvements shall be constructed per Public Works requirements. 7. Fire Department Requirements are as follows: a. Automatic fire sprinklers required throughout structure including ground floor area. b. Two (2) inch water meter required. 8. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 9. 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. 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 issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. PC Minutes - 2/19/92 -23- (3332d) 12. The ground floor "crawlspace area" below the floodlevel shall not be inhabited for any purpose. 13. 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. 14. Conditional Use Permit No. 91-59 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. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED SEPTEMBER 4, 1991: A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE THE PLANNING COMMISSION MINUTES DATED SEPTEMBER 4, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Kirkland, Newman, Bourguignon ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED SEPTEMBER 17, 1991: A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE THE PLANNING COMMISSION MINUTES DATED SEPTEMBER 17, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Kirkland, Newman, Bourguignon ABSTAIN: None MOTION PASSED 1 PC Minutes - 2/19/92 -24- (3332d) i D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO. 91-27/COASTAL DEVELOPMENT PERMIT NO. 91-19/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-29 - SIX (6) MONTH REVIEW• APPLICANT: Kevin McCaan LOCATION: 316 B Main Street On July 23, 1991, the Planning Commission approved Conditional Use Permit No. 91-27, Coastal Development Permit No. 91-19 and Conditional Exception (Variance) No. 91-29, a request to expand an existing restaurant (Skifr's Seafood Grill and Bar) with alcoholic beverages and live entertainment into an adjacent suite located at 316 B Main Street. The conditional exception (variance) was granted for a four (4) space parking variance and the reconfiguration of a substandard parking lot off the rear alley. Upon the approval of Conditional Use Permit No. 91-27, the applicant was required to comply with several conditions (see Attachment No. 2). The expansion of the restaurant/bar into the adjacent suite included the occupancy of a building on a separate lot under the same ownership. For that reason, the property owner was required to submit a copy of a recorded covenant holding both lots as one parcel. The Planning Division has not received a copy of the recorded covenant. The approved site plan also depicts a reconfiguration of a substandard parking lot. The applicant has yet to re -stripe the parking lot to reflect the approved site plan. In addition, the applicant is not in compliance with the City's sign code by retaining the non -conforming sign identifying the previous business. Although the sign is totally covered with a fabric, it is in violation of Section 9610.4 Prohibited Signs of the Huntington Beach Ordinance Code. Furthermore, the Police Department has indicated that there were two (2) documented violations since the approval of Conditional Use Permit No. 91-27. In August of 1991, the Vice Division cited the business owner for having the rear door propped open during a live performance, violating the conditions of the entertainment permit. On New Year's Eve, the Police Department shut down a live band performance due to the owner's lack of an approved Police entertainment permit. The Code Enforcement Section, which was also contacted during the review, did not receive any complaints involving the subject property within the last six (6) months. PC Minutes - 2/19/92 -25- (3332d) The applicant has indicated that the sign will be removed from the building facade and that the Planning Division should be receiving the copy of the recorded convenant within a week. The applicant has also indicated that the re -striping would take place within a week. However, due to the outstanding conditions of approval, staff is recommending that the Planning Commission schedule a review in 60 days to review all outstanding conditions. If the applicant fails to comply with all conditions by that date, the Planning Commission may schedule a revocation hearing for Conditional Use permit No. 91-27 and take appropriate legal action. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the six (6) month review for Conditional Use Permit No. 91-27, Coastal Development Permit No. 91-19 and Conditional Exception (Variance) No. 91-29 and schedule another review in 60 days to review the outstanding conditions. A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE THE SIX (6) MONTH REVIEW FOR CONDITIONAL USE PERMIT NO. 91-27, COASTAL DEVELOPMENT PERMIT NO. 91-19 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-29, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Kirkland, Newman, Bourguignon ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES Commissioner Dettloff - asked staff for an update on the Holly-Seacliff actions taken at Council. Staff stated they would give the Commission a written report. Commission Richardson - stated he received the letter regarding the Kim Lane wall and told staff that he did not think that the residents should pay for the wall. He asked staff to find the money to build the wall. He also asked about the smoking/non-smoking ordinance. Commissioner Richardson would like to review the inner layout of projects to determine where non-smoking sections should be. Commissioner Leipzig - questioned staff about the language in the Building Height definition given them. Staff clarified the language. PC Minutes - 2/19/92 -26- (3332d) LJ G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the February 18, 1992 City Council meeting. I. ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY LEIPZIG, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON MARYC 3, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Kirkland, Newman, Bourguignon ABSTAIN: None MOTION PASSED APPROVED BY: 9110- Mike Adams, S cretary 47 P anning4 Commission Chairperson PC Minutes - 2/19/92 -27- (3332d)