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HomeMy WebLinkAbout1992-06-16APPROVED 8/18/92 MINUTES HUNTINGTON BEACH PLANNING OMMISSION TUESDAY J NE 16 19g� Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - •30 PM NESI (ASCON LANDFILL) SITE REGULAR MEETIN - 7.00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, P p Newman, Leipzig Debra Cope, Fourth of July Committee, presented pins to the Commission and invited them to join in the festivities for the Fourth of July. 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 90-10(A) (CONTINUED FROM THE JUNE 3, 1992 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: Mixed Development District located at the northeast corner of Goldenwest Street and Yorktown Avenue. This item was continued from the June 3, 1992 Planning Commission meeting in order for staff to further analyze the development standards contained in the Mixed Development provisions. On February 10, 1992, the City Council approved the Holly-Seacliff Specific Plan except for the Mixed Development provisions. Based on concerns raised by residents in the area and City Council discussion, the City Council directed staff to re-evaluate the Mixed Development Provisions and provide nearby residents an opportunity to participate in the planning process. Staff recommended that this item be continued in order to further analyze the development standards contained in the mixed development provisions. Staff feels that the proposed mixed development provisions will provide a basis for compatible development and protect existing residential , neighborhoods from visual impacts. TAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 90-10 (A) based on findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED. Bill Holman, 2124 Main Street, representing applicant, reiterated all the changes made after committee meetings. Mr. Holman supported the request and staff recommendation. Jay Kreitz, 19781 Island Bay Lane, representing homeowner's association, spoke in support of the request. Mr. Kreitz stated this was a well planned development, but expressed concern with the visual impacts of the project. He requested their association be allowed continual input on the development. Jerry Hesprich, 6971 Garden Circle, stated her concern that the setbacks were not enough to eliminate visual intrusion, and this would lower their property value. Glen Hesprich, 6971 Garden Circle, also stated concern regarding visual intrusion on their property. PC Minutes - 6/16/92 -2- (4177d) John Roe, 19382 Surfdale Lane, committee member, stated his support of the development. Mr. Roe also expressed concern regarding visual intrusion impacts and offered a handout to the Commission with a change in wording that would eliminate their concern. Gerald Chapman, 6742 Shire Circle, expressed his concern regarding the datum point. Mr. Chapman requested better wording to make the datum point consistent. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Leipzig stated he would not support this request due to his concern "That the nature of this mixed development project is still so unclear.". He stated he would like to see a site plan at a conceptual level, at least, before making a code amendment. Commissioner Leipzig stated he was not against mixed development, but with a site plan he would have a clearer idea of what the result would be. Commissioner Richardson asked staff if any new development would come back before the Commission for approval. Staff stated that it would and also a Master Conceptual Plan at first submittal. Commissioner Richardson stated that the new language on the handout from John Roe was acceptable to him. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE CODE AMENDMENT NO. 90-10(A) MIXED DEVELOPMENT PROVISIONS FOR THE HOLLY-SEACLIFF SPECIFIC WITH MODIFIED LANGUAGE BASED ON FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 90-10 (A): 1. Code Amendment No. 90-10(A) establishes Mixed Development provisions which are consistent with the City's General Plan regarding land use and circulation. 2. Code Amendment No. 90-10 (A) implements the City's General Plan by providing commercial and housing opportunities within the Mixed Development concept. PC Minutes - 6/16/92 -3- (4177d) B-2 SITE PLAN AMENDMENT TO CONDITIONAL USE PERMIT NO 89-6(A)/TENTATIVE TRACT MAP NO. 13439: APPLICANT: The Dahl Company LOCATION: 1,000 feet south of Ellis Avenue approximately 700 feet west of Goldenwest Street. The Dahl Company is requesting to amend Condition No. 3a in Conditional Use Permit No. 89-6(A)/Tract 13439 which requires a total of 227 trees as a result of a 2:1 replacement of existing mature trees which were removed in January, 1992. The request is to reduce the required number of trees from 227 to 176 (a reduction of 51 trees). Staff supports the amendment because the reduction of required trees will not constitute a substantial change to the estate residential development, the use of the property will remain the same and the intent of estate residential landscaping will remain in effect. The applicant submitted a letter dated June 16, 1992 requesting a continuance to further review the landscape plan before submission to the Planning Commission. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO CONTINUE SITE PLAN AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-6(A)/TRACT NO. 13439 FOR FURTHER REVIEW TO THE JULY 7, 1992 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: Inglee (out of room) ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO, 92-19/COASTAL DEVELOPMENT PERMIT NO. 92-19• APPLICANT: Richard L. Anderson LOCATION: 16418 Ladona Circle Conditional Use Permit No. 91-16 in conjunction with Coastal Development Permit No. 91-16 to permit the construction of a 342 square foot third story exercise room pursuant to Section 9110.4(a) of the Huntington Beach Ordinance Code was approved by the Planning Commission on June 4, 1991. The applicant now proposes to enclose a third floor deck and add bathroom facilities and has applied for a new conditional use permit and coastal development permit. The subject property is located on Humboldt Island in Huntington Harbor. PC Minutes - 6/16/92 -4- (4177d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 92-19 and Coastal Development Permit No. 92-19 with findings and suggested conditions of approval. Commissioner Bourguignon stated he would like to see a third story code that allows such building to occur with a conditional use permit. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-19 AND COASTAL DEVELOPMENT PERMIT NO. 92-19 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 92-19: 1. The proposed addition to an existing three story single family residence with a third floor deck enclosure and bathroom as proposed by Coastal Development Permit No. 92-19 conforms with the plans, policies, requirements and standards of the Coastal Element. 2. The proposed addition to an existing three story single family residence with a third floor deck enclosure and bathroom as proposed by Coastal Development Permit No. 92-19 is consistent with the CZ (Coastal Zone) suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The proposed addition to an existing three story single family residence with a third floor deck enclosure and bathroom as proposed by Coastal Development Permit No. 92-19 will have available infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. PC Minutes - 6/16/92 -5- (4177d) 4. The proposed addition to an existing three story single family residence with a third floor deck enclosure and bathroom as proposed by Coastal Development Permit No. 92-19 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-1 1. The proposed addition to an existing three story single family residence with a deck enclosure and bathroom facilities on the third story 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 addition to an existing three story single family residence with a deck enclosure and bathroom facilities on the third story is compatible with existing or proposed uses in the vicinity. The proposed addition to the third story exercise room is within the maximum height limits of 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 addition to an existing three story single family residence with a third floor deck enclosure and bathroom is properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner. The location of the third story windows are properly related and, therefore, will be harmonious with existing structures and uses. 4. The proposed addition to an existing three story single family residence with a third floor deck enclosure and bathroom 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. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 10, 1992 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: PC Minutes - 6/16/92 -6- (4177d) 1 a. 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. b. Elevations shall depict colors and building materials proposed. c. The site plan (or reference page) shall include all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. All applicable Public Works fees shall be paid. 4. The Building Department requirements are as follows: a. Emergency egress out new windows to be provided at existing balcony. b. Provide extended sprinkler coverage to deck enclosure and new bathroom. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department, 6. 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-19 and Coastal Development Permit No. 92-19 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 6/16/92 -7- (4177d) 10. Conditional Use Permit No. 92-19 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. 11. Conditional Use Permit No. 92-19 and Coastal Development Permit No. 92-19 shall not become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-4 NEGATIVE DECLARATION NO. 92-11/TENTATIVE TRACT MAP NO. 14655/CONDITIONAL EXCEPTION (VARIANCE) NO. 92-6/COASTAL DEVELOPMENT PERMIT N0, 92-9: APPLICANT: TNR Development LOCATION: 500 Lake Street (east side of Lake Street between Frankfort and Pecan) Tentative Tract No. 14655 and Coastal Development Permit No. 92-9 are submitted to allow a ten lot subdivision on 0.78 ± acres of land for single family residential purposes. Conditional Exception (Variance) No. 92-6 is a request to allow a reduction in lot frontage in lieu of Section 9130.2 of the Huntington Beach Ordinance Code which requires 30 foot frontage. The proposed Tentative Tract No. 14655 creates lots compatible with lot frontage in the immediate area, and the 2800 square foot site area exceeds the minimum requirement of 2500 square feet. Conditional Exception No. 92-6 will allow an infill project compatible with surrounding properties. Coastal Development Permit No. 92-9, as revised by conditions of approval, will comply with development standards applicable to the Oldtown Specific Plan District. Compatibility with developments within the Main -Pier Redevelopment Project area will be accomplished through the Design Review process as recommended by staff. STAFF RECOMMENDATION: Staff is recommending approval of Tentative Tract Map 14655, Conditional Exception No. 92-6, Coastal Development Permit No. 92-9 and Draft Negative Declaration No. 92-11 with findings and suggested conditions of approval. PC Minutes - 6/16/92 -8- (4177d) THE PUBLIC HEARING WAS OPENED. Jim Banks, 505 Alabama Street, stated concerns regarding anything being built on the right-of-way and also the 6 inch curb on the side of parking lot. He also requested that a condition be added to put up a fence, so the area would not be used as a parking lot. 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 BOURGUIGNON, TO APPROVE NEGATIVE DECLARATION NO. 92-11, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 92-9, CONDITIONAL EXCEPTION (VARIANCE) NO. 92-6 AND TENTATIVE TRACT MAP NO. 14655 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 92-6: 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 property is the last remaining site for development on Lake Street within the Oldtown Specific Plan. It has an irregular shape to the north and abuts an abandoned railroad right-of-way to the east. 2. The granting of a conditional exception for reduced lot frontage is necessary in order to preserve the enjoyment of one or more substantial property rights. Without the variance, the applicant would be required to provide minimum 30 feet wide lots which would be wider than the majority of lots in the vicinity and same zone classification. PC Minutes - 6/16/92 -9- (4177d) 3. The granting of Conditional Exception (Variance) No. 92-6 for reduced lot frontage will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming property and improvements in the neighborhood because the adjacent properties also have lot frontages of 25 feet. 4. The conditional exception for reduced lot frontage is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of residential which provides for housing opportunities at the allowable density. 5. The granting of this conditional exception from Section 9130.2b of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to ensure adequate sized properties are created to allow development in conformance with the applicable development standards. 6. The establishment, maintenance and operation of the proposed conditional exception 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. 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 - TENTATIVE TRACT NO, 14655: 1. The size, depth, street width and other design features of the proposed subdivision for residential purposes which includes Conditional Exception (Variance) No. 92-6 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. The reduced lot frontage was approved by the Planning Commission through the public hearing process. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Medium Density Residential (15 units per gross acre) zoning were implemented. The reduced lot frontage does not result in density exceeding the General Plan. 3. The General Plan has set forth provisions for residential land use as well as setting forth objectives for the implementation of this type of use. The proposed ten lot subdivision meets the requirements of Medium Density Residential land use designation in the General Plan. 4. The site is relatively flat and physically suitable for the proposed density of 13 units per gross acre. PC Minutes - 6/16/92 -10- (4177d) LI 5. Tentative Tract No. 14655 fora ten lot residential subdivision is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 92-9: 1. The proposed single family residential development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 92-9 is consistent with the CZ (Coastal Zone) suffix, the Oldtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property and by imposition of conditions of approval revising lot 10 to comply. 3. At the time of occupancy, the proposed single family residential 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. 4. The proposed single family residential development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The subject property is over 2000 feet from the ocean and therefore, will have no impact on coastal access or views across the property. 5. Approval of the Conditional Exception (Variance) No. 92-9 will result in no modification of the requirement of the C-LUP. The proposed subdivision is 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 - COASTAL DEVELOPMENT PERMIT NO. 92-9: 1. The site plan, floor plans and elevations received and dated June 3, 1992 shall be the conceptually approved layout with the following modifications: a. Lot 10 shall be redesigned to comply with site coverage and exterior sideyard setback requirements of Article 913. b. The 10-lot site plan shall be revised to show a variation in the front yard setback ranging from minimum 15 feet to minimum 19 feet. Said plan shall be reviewed and approved by the Design review Board prior to submittal for buildings permits. c. The elevations shall be revised to include a variation in exterior treatment, be generally compatible with the surrounding area, and approved by the Design Review Board. PC Minutes - 6/16/92 -11- (4177d) d. Corner radius shall be shown at Lake and Frankfort and also at Lake and Pecan. 2. 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. 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 Division and indicated on the floor plans. e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). f. Elevations shall depict colors and building materials proposed and as approved by the Design Review Board. g. 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. h. If outdoor lighting is lamps or similar energy outside lighting shall adjacent properties and elevations. included, high-pressure sodium vapor savings lamps shall be used. All be directed to prevent "spillage" onto shall be noted on the site plan and 1 PC Minutes - 6/16/92 -12- (4177d) i. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. j. The Design Review Board shall review and approve the following: (a) Special architectural treatment shall be provided on all building walls. (b) Revised site plan and elevations as modified pursuant to Condition No. 1. (c) Proposed structures shall be architecturally compatible with existing structures. k. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9130.12 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. The three existing trees on Lake Street shall be saved and a meandering sidewalk shall be provided to preserve the trees. 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. All applicable Public Works fees shall be paid. e. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. PC Minutes - 6/16/92 -13- (4177d) f. The property owner shall sign, notarize, and record with the County Recorder a Covenant assuring that each single family residence will be maintained as one (1) dwelling unit. g. 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. h. Any proposed fencing plans shall depict decorative materials and be submitted for review and approval. 4. Low volume fixture heads and ultra -low flush toilets shall be incorporated into the portable water system of each unit. 5. Site cleanup and removal of any existing contaminated soils as directed and approved by the Fire Department in compliance with state and local requirements. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection of each lot. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes - 6/16/92 -14- (4177d) 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 12. This Coastal Development Permit shall become null and void unless exercised within two (2) years 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. 13. The developer shall provide two (2) affordable units on -site or shall work with the Redevelopment Agency staff to satisfy the 15% affordable housing requirement applicable to the 10 lot residential project located in the Main -Pier Redevelopment Project Area) prior to issuance of building permits. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14655: 1. The tentative tract map received and dated June 3, 1992, shall be the approved layout subject to the following revisions: a. Revise map to show Frankfort Avenue typical section (remove and replace half street). b. Revise map to show alley "A" to be 8 inch thick PCC concrete. c. Revise map to show 6 inch concrete curb along east side of alley. 2. Public Works requirements are as follows: a. All vehicular access rights to Lake Street, Pecan Avenue, and Franfort Avenue shall be released and relinquished to the City of Huntington Beach. b. Submit a Soils Report to the Director of Public Works. c. Alley "A" shall be dedicated to the City of Huntington Beach. d. A radius of 21.67 feet, at the corner of Lake Street and Frankfort Avenue, shall be dedicated to the City of Huntington Beach. e. Alley "A" shall be constructed of 8" thick PCC concrete. f. A 6 inch concrete curb shall be constructed along the east side of Alley "A". PC Minutes - 6/16/92 -15- (4177d) g. There shall be no utilities installed within Alley "A". h. Remove and dispose of existing CMP pipe within Frankfort Avenue and at the corner of Lake Street and Frankfort Avenue. i. Remove and replace existing curb, gutter, sidewalk, and paving to centerline of Frankfort Avenue, Lake Street, and Pecan Avenue, adjacent to Tract boundary. Pavement design shall be for a 20 year service life. j. Relocate existing fire hydrant on Frankfort Avenue. k. The three existing trees on Lake Street shall be saved. 1. Remove existing tree on Frankfort Avenue. m. The curb return radii shall be 35 feet at Lake and FRankfort and 25 feet at Lake and Pecan. n. Remove and replace existing cross gutter at Lake Street and Pecan Avenue. o. Submit sewer study on existing local sewer to verify capacity. p. New sewer laterals to be core drilled or cut in wye (tapping is not allowed). q. Side yard area drains shall be installed for each lot. r. Side yards less than 5 foot wide shall be paved prior to final inspection. s. Underground all utilities along property frontage, excluding 66 KV lines. t. Water line installation shall be per Water Division Standard Plans and Specifications. Sizing of domestic water services shall be in accordance with applicable Uniform Plumbing Ordinances. u. Backflow protection shall be provided if any water fixture exceeds 20 feet in elevation above the water main. v. Low volume fixture heads and ultra -low flush toilets shall be incorporated into the potable water system of each unit. W. The Developer shall submit water improvement plans, showing service connections to all lots, fire hydrants, and other appurtenances in accordance with applicable U.P.C. Ordinances and Public Works Standards. These plans shall be approved by the Public Works Water Division. 1 PC Minutes - 6/16/92 -16- (4177d) C X. Submit as -built improvement and grading plans, photo mylar of the recorded final map, and microfilm cards of improvements plans, grading plans, and final map prior to release of the final unit. 3. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 92-6: 1. No deviations from the development standards of the Huntington Beach Ordinance Code shall be permitted. 2. This conditional exception (variance) shall become null and void concurrent with the expiration of Tentative Tract Map No. 14655. B-5 TENTATIVE PARCEL MAP NO. 90-324/CONDITIONAL EXCEPTION (VARIANCE) N0. 92-14/NEGATIVE DECLARATION NO, 92-19: APPLICANT: Joseph Gergen LOCATION: 927 Tenth Street Tentative Parcel Map No. 90-324 is a request to consolidate one and one-half (1.5) lots into one (1) lot pursuant to Section 9220 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 92-14 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 911, in the following areas: 1. Section 9110.2 specifies that the minimum lot size shall be 6,000 square feet and the minimum lot frontage shall be 60 feet. The applicant is requesting a 5,325 square foot lot with 35.5 feet of frontage. An identical request was submitted by, the applicant on December 20, 1990 which was subsequently denied by the Planning Commission on April 2, 1991. Although staff supported the applicant's request, the Commission denied Tentative Parcel Map No. 90-324 and Conditional Exception (Variance) No. 90-53 following public testimony in opposition to the request. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 92-19, Conditional Exception (Variance) No. 92-14 and Tentative Parcel Map No. 90-324 with findings and suggested conditions of approval. PC Minutes - 6/16/92 -17- (4177d) THE PUBLIC HEARING WAS OPENED. Arline Howard, 917-10th Street, spoke in opposition to the request. Ms. Howards concerns included view obstruction, excessive noise and increased traffic. Steve Holden, 949-10th Street, spoke in opposition to the request. Jerry Galich, 939-10th Street, spoke in opposition to the request. Harold Ewell, 914-10th Street, spoke in support of the project. Mona Gergen, 927-10th Street, spoke in support of the project. She said the project would enhance the neighborhood. John Mottles, 208 Rochester, spoke in support of the request and staff recommendation. Bill Young, 20201 Big Ben Lane, spoke in support of the request and staff recommendation. Joe Gergen, 927-10th Street, applicant, spoke in support of the request and urged the Commission to support it also. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE NEGATIVE DECLARATION NO. 92-19, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 92-14 AND TENTATIVE PARCEL MAP NO. 90-324 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED L 1 PC Minutes - 6/16/92 -18- (4177d) FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO, 92-14: 1. The granting of Conditional Exception (Variance) No. 92-14 for reduced lot size and frontage will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. There are other lots in the neighborhood that are as small as 3,638 square feet with 25 foot frontages. In addition, any future development will be required to have a side yard setback comparable to other residential developments in the area. 2. 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 parcel is undeveloped and a remnant piece of land created because a portion was deeded to an adjacent lot. 3. The granting of a conditional exception for reduced lot size and frontage is necessary in order to preserve the enjoyment of one or more substantial property rights. The property cannot be constructed upon unless the property is deemed to be a legal building site through the approval of a tentative parcel map. Other lots in the vicinity are similar in size and have been developed as single family residences. 4. The conditional exception (variance) for reduced lot size and frontage is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of low density residential. The area would have approximately 3.6 dwelling units per gross acre, well under the 6.5 unit maximum designed by -the General Plan. 5. The granting of this conditional exception from Section 9110.2 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide a maximum of light, ventilation and open space. 6. 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 - TENTATIVE PARCEL MAP NO, 90-324: 1. The proposed subdivision of one and one-half (1.5) parcels into one (1) parcel for purposes of residential use is not in compliance with the size and shape of property necessary for that type of development. However, the property could allow for a structure that could meet all standards of Article 911. PC Minutes - 6/16/92 -19- (4177d) 2. The General Plan has set forth provisions for this types of land use as well as setting forth objectives for implementation of this type of use. The General Plan sets forth a maximum density of six and one half (6.5) units per gross acre. The proposed subdivision would result in a density of 3.6 units per acre for the neighborhood. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 90-324: TO BE COMPLETED PRIOR TO USE, OCCUPANCY OR ISSUANCE OF BUILDING PERMITS OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Tentative Parcel Map received by the Department of Community Development on April 15, 1992 shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Two and one-half (2.5) feet along the alley shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 fees of said parcel(s). 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 6. All utilities shall be installed underground at the time said parcel(s) is/are developed. 7. Development shall comply with all applicable City Ordinances. 8. A copy of the recorded parcel map shall be filed with the Department of Community Development. 9. The Planning Commission reserves the right to revoke this Tentative Parcel Map No. 90-324 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 10. This tentative parcel map shall become null and void unless exercised within two (2) years 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. 11. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. PC Minutes - 6/16/92 -20- (4177d) t 12. T•,e devOlr'per will be responsible for the payment of the Traffic .flpecc Fees .t the time of final inspection. (ron,QrIONS Of'_APPROVAL - CONDITIgNAL EXCEPTION (VARIANCE) NO. 92-14: Tentative Parcel Map No. 90-".24 and Negative Declaration No. 92-19 received and dated April 15: 1992 shall be the conceptually approved layout. r 2. Prior to submittal for bui? ing permits, the applicant/owner shall complete the following: a. A grading plan shall r3 ;ubmitted to the Department of Public Works for review and .t i tst be approved (by issuance of a grading permit). 7, lan :or silt control for all water runoff from the property ia:.ing zonstruction and initial operation of the project may %,•., r-quired if deemed necessary by the Director of Public Work, . b. All applicy-a . Publii Works fees shall be paid. c. The pr:,= cy �..wner s' all sign, notarize, and record with the Coun4-Y -cordi�-r a "Latter of Agreement" assuring that the sing% --family residence will be maintained as one (1) dwelling 3. -Ay- structures shall here a minimum five (5) foot sideyard �'idtback, and shall have a minimum open space requirement of 900 square foot pursuant to Section 9110.9(b) of the Huntington Beach Ordinance Code. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except for variances granted under Conditional Exception (Variance) 92-14. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MARCH 17, 1992: A CORRECTION WAS MADE BY COMMISSIONER RICHARDSON, THE VIDEO TAPE WILL BE REVIEWED AND THE CORRECTED MINUTES BROUGHT BACK FOR ACTION AT THE JULY 7, 1992 PLANNING COMMISSION MINUTES. D. NON-PUBLIC HEARING ITEMS D-1 APPOINTMENT OF A PLANNING COMMISSIONER TO THE DESIGN REVIEW BOARD Chairperson Shomaker appointed Ken Bourguignon to the Design Review Board, and Commissioner Newman as the alternate. PC Minutes - 6/16/92 -21- (4177d) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Bourguignon - requested a meeting with Mike Adams and/or staff to discuss code problems. He stated that he has received several calls regarding code interpretation inconsistencies by staff relative to projects in the Harbour area and would like to discuss them with staff and come to some typt: of solution. Mike Adams said he would arrange a meeting. Commissioner Shomaker - stated she would be on vacation from July 14 through August 5. Commissioner Richardson - stated he would be unable to attend the July 8, 1992 GPAC meeting and requesting his i;:ternate Commissioner Bourguignon to attend. Commissioner Bourgugnon agreed. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the June 15, 1992 City Council meeting. G . ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON JULY 7, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P,M. BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED Y: VVI I L jl� Mike Ada s, Secretary 9/anninfCommission Chairperson PC Minutes - 6/16/92 -22- (4177d)