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HomeMy WebLinkAbout1993-01-05APPORVED 2/2/93 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 5, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM CODE AMENDMENT NO. 92-5/DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING MASTER PLAN: REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, A P Newman, Gorman A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO MOVE CONSENT CALENDAR ITEMS C-2 AND C-3 TO THE FRONT OF THE MEETING, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED C-2 ELECTIONS - PLANNING COMMISSION CHAIRPERSON/VICE CHAIRPERSON A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO APPOINT ROY RICHARDSON PLANNING COMMISSION CHAIRPERSON FOR A ONE (1) YEAR TERM, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPOINT SHIRLEY DETTLOFF PLANNING COMMISSION VICE CHAIRPERSON FOR A ONE (1) YEAR TERM, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED C-3 RESOLUTION NO. 1477 EXPRESSING APPRECIATION TO OUTGOING COMMISSIONER AND CHAIRPERSON JAN SHOMAKER: Planning Commission Chairperson Roy Richardson read and presented to outgoing Chairperson, and Commissioner, Jan Shomaker Planning Commission Resolution No. 1477 expressing appreciation for her outstanding service to the City of Huntington Beach. Bob Biddle was seated as the new Planning Commissioner appointed by City Councilmember Dave Sullivan. 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. Gerald Chapman, 6742 Shire Circle, stated his support for the continuance of public hearing item B-2. He stated this would allow outstanding issues to be resolved. PC Minutes - 1/5/93 -2- (5683d) B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 92-5/DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING MASTER PLAN (CONTINUED FROM THE NOVEMBER 17, 1992 PLANNING COMMISSION MEETING)• APPLICANT: City of Huntington Beach LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard and Sixth Street The Downtown Specific Plan rewrite and Parking Master Plan report is divided into four (4) sections which comprise the Downtown Master Plan. Section I describes the intent and purpose of the "Village Concept" and what the City should expect to achieve. Section II, of the report provides the Commission with an annotated list of the legislative strike out version of the Downtown Specific Plan. Section IV is the supporting analysis to implement the Downtown Parking Master Plan. Your attention should also be given to the new provisions included in the Downtown Specific Plan general provisions section that provide incentives for affordable housing projects. STAFF RECOMMENDATION: Open the public hearing, receive testimony and continue Downtown Specific Plan Code Amendment/"Village Concept" and Downtown Master Parking Master Plan to the February 2, 1993 meeting. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO CONTINUE THE DOWNTOWN SPECIFIC PLAN CODE AMENDMENT, "VILLAGE CONCEPT" AND DOWNTOWN PARKING MASTER PLAN TO THE FEBRUARY 2, 1993 PLANNING COMMISSION MEETING TO ALLOW THE NEW COMMISSIONERS SUFFICIENT TIME TO REVIEW THE REQUEST, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-2 REVIEW OF CONDITION NO. la. AND NO. 3a. OF TENTATIVE TRACT MAP NO, 13439• APPLICANT: The Dahl Company LOCATION: 1,000 feet south of Ellis Avenue approximately 700 feet west of Goldenwest Street PC Minutes - 1/5/93 -3- (5683d) On February 21, 1990, the Planning Commission approved Tentative Tract No. 13439 which is a 28 lot subdivision. The applicant is requesting the review of Conditions No. la and 3a. Condition No. la was imposed in order to address concerns regarding the building pad and overall height of the future construction on Lot 9. Condition No. 3a was imposed by the Planning Commission as a result of a request to modify the total of required number of trees required on site and in common easement areas. STAFF RECOMMENDATION: Due to a number of concerns which were identified at a meeting on December 22, 1992 with staff, the developer and surrounding property owners, staff recommends a continuance to the January 20, 1993 Planning Commission meeting. This will allow the developer's engineer to provide additional information for the unit siting for Lot 9 and to coordinate the landscape and fencing plan for Tentative Tract No. 13439. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO CONTINUE THE REVIEW OF THE PROPOSED UNIT SITING OF LOT 9 AND THE LANDSCAPE PLAN FOR TENTATIVE TRACT MAP NO. 13439 TO THE JANUARY 20, 1993 PLANNING COMMISSION MEETING IN ORDER TO ADDRESS CONCERNS RAISED BY THE ADJACENT PROPERTY OWNER, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-3 APPEAL TO ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 92-30: APPLICANT: Jon Wierks APPELLANT: Roscoe McKeeham LOCATION: 16335 Niantic Circle Coastal Development Permit No. 92-30 is a request to permit a 489 square foot, two story addition to an existing two story residence. On December 2, 1992, the Zoning Administrator conditionally approved Coastal Development Permit No. 92-30. On December 8, 1992, an adjacent property owner appealed the Zoning Administrator's action. The appellant has appealed the action based on the grounds that the 489 square foot two-story addition will impair an existing private view to the Huntington Harbor Channel and will result in a detrimental effect on the appellant's property. PC Minutes - 1/5/93 -4- (5683d) 1 STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator's approval of Coastal Development No. 92-30. THE PUBLIC HEARING WAS OPENED. Roscoe McKeehan, 16341 Niantic Circle, appellant, spoke in opposition to the request because he felt the addition would impair his view and deteriorate the value of his home. Barry A. Ross, One Newport Place, #900, N.B., attorney for the appellant, submitted photographs to the Commission. Mr. Ross stated that the Homeowners Association CC&R's state that views must be protected. Counsel for the City stated that the City can not enforce or deny CC&R's for Homeowner Associations. Counsel stated that the Commission must make their determination by using city codes and coastal regulations. Jon S. Wierks, 16335 Niantic Circle, applicant, stated that the appellant does not currently have a view, and does not have waterfront property. Mr. Wierks also stated that their deed shows no restrictions, and the Homeowner's Association Architectural Review Committee have given him a verbal go ahead. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the fact the current code allows this, it just needs coastal development approval. They discussed the fact that this was a private not a public view, and that the proposal is consistent with city codes and coastal regulations. A MOTION WAS MADE BY GORMAN, SECOND BY BOURGUIGNON, TO DENY THE APPEAL AND SUSTAIN THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 92-30 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman, NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED PC Minutes - 1/5/93 -5- (5683d) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 92-30: 1. The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed addition will not adversely impact public views or access. 2. Coastal Development Permit No. 92-30 is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed residence will conform with all applicable City codes. 3. At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exists to the site. 4. The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO, 92-30: 1. The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout. 2. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 3. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 4. All proposed cantilevered deck improvements require separate permits for the improvements. 5. 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. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. PC Minutes - 1/5/93 -6- .(5683d) P� 7. Low -volume heads shall be used on all spigots and water faucets. 8. The applicant shall pay all applicable Public Works fees. CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. B-4 SPECIAL SIGN PERMIT NO. 92-9: APPLICANT: Burlington Coat Factory LOCATION: 7800 Edinger Avenue Special Sign Permit No. 92-9 is a request to install new sign copy in an existing non conforming, 50 foot tall pole sign at 7800 Edinger Avenue. The existing sign exceeds current code requirements of height, square footage and location. STAFF RECOMMENDATION: Staff is recommending that the Planning Commission deny Special Sign Permit No. 92-9 due to the fact that the 50 foot tall sign does not meet code, is incompatible with adjacent signs, has passed a five (5) year limit placed on use of the sign, and would be incompatible with future redevelopment plans on Edinger Avenue. THE PUBLIC HEARING WAS OPENED. Skip Friedman, 7800 Edinger Avenue, manager, spoke in support of the sign. He stated they were trying to attract customers. He also stated that some people had said they had trouble locating the store because they are setback from Edinger a great distance. The Commission asked if they had considered the setback and the current sign when they purchased the building and if they had been told that the sign could not remain. Mr. Friedman stated they were informed about the sign but did not consider it because they liked the location. Dick Harlow, representing applicant, spoke in support of the sign. Mr. Harlow stated that the current sign code does not address high volume areas. He stated the findings made were not conclusive and it would create a financial hardship. PC Minutes - 1/5/93 -7- (5683d) Lorraine Faber, 15271 Nottingham Lane, store manager, stated they needed a timely resolution to the sign. She stated the store has been open three (3) months, and they have had numerous calls on the location of the store. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the fact that although the sign was not within code it was a highly congested area, the store has brought jobs and it is attracting business to the area. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY DETTLOFF, TO APPROVE SPECIAL SIGN PERMIT NO. 92-9 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO 92-9: 1. Strict compliance with Article 976 will result in a substantial economic hardship to the applicant. 2. The utilization of a 50 foot high, 200 square foot non conforming pole sign will not adversely affect other signs in the area. 3. The utilization of a 50 foot high, 200 square foot non conforming pole sign will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4. The utilization of a 50 foot high, 200 square foot non conforming pole sign at 7800 Edinger Avenue will not obstruct pedestrian or vehicular traffic vision. 5. Due to the unique circumstances applicable to the sign, immediate alteration, removal or replacement of the sign will result in an economic hardship. 6. The sign will be in keeping with the character of the surrounding neighborhood. PC Minutes - 1/5/93 -8- (5683d) CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 92-9: 1. The location, size, colors and materials shall be generally as shown on the site plans and building elevation dated received November 20, 1992. a. The sign shall be located completely within a landscaped planter. b. The address of the property shall be located on the sign. c. The internally illuminated sign shall comply with the Huntington Beach Electrical Sign criteria. 2. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Provide a revised and complete Special Sign Permit No. 92-9 which reflect plan revisions and approval of Special Sign Permit No. 92-9 for inclusion in the subject file. b. All conditions as specified herein shall be completed. c. The signs shall be reviewed by the Design Review Board for final colors and compatibility with the surrounding signs. 4. No sign shall be installed, erected, altered, or reconstructed without prior City approval and issuance of appropriate Building Division permits. 5. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, or in the parking lot and landscaped areas other than as permitted herein, excepted with the city and property owner's approval. 7. Since the sign is located within the 100 foot setback, the owner shall be responsible for relocating the sign if necessary for street widening and/or improvements. 8. This permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 9. The Planning Commission reserves the right to revoke Special Sign Permit No. 92-9 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 1/5/93 -9- (5683d) C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 92-9: APPLICANT: City of Huntington Beach, Public Works Department LOCATION: Gothard Street, between Ellis Avenue and Main Street; including portions of Crystal Street and Clay Avenue near the intersection of Clay Avenue and Main Street. General Plan Conformance No. 92-9 is a request for determination that the vacation of public street rights -of -way to adjacent property owners is in conformance with the General Plan. Included are Gothard Street, between Ellis Avenue and Main Street, Clay Avenue between Crystal Street and Main Street, and a portion of Crystal Street immediately north of Clay Street. These streets are proposed to be vacated to the property owners on each side. They will be replaced with a new alignment of Gothard Street by Precise Plan of Street Alignment No. 90-2. The proposed street vacations are necessary to implement Precise Plan of Street Alignment No. 90-2. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve General Plan Conformance No. 92-9 with findings for approval. Commissioner Biddle stated he would be abstaining from the vote due to the fact he did not receive a copy of the staff report in his packet, and did not have proper time to review the request. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE GENERAL PLAN CONFORMANCE NO. 92-9 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: Biddle MOTION PASSED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 92-9: 1. The proposal project is in conformance with the General Plan, specifically the following policies: a. Land Use: Encourage a rational use of land and other natural resources (3.4.2.7). PC Minutes - 1/5/93 -10- (5683d) b. Land Use/Housing: Provide an adequate level of community services, facilities, improvements and maintenance in all areas of the City (3.4.2.5). c. Circulation: Develop a system of arterial streets and highways that ensures the safe and efficient movement of people and goods (3.1.2.2). ITEMS C-2 AND C-3 WERE MOVED TO THE FRONT OF THE MEETING C-2 ELECTIONS - PLANNING COMMISSION CHAIRPERSON/VICE CHAIRPERSON C-3 RESOLUTION N0, 1477 EXPRESSING APPRECIATION TO OUTGOING COMMISSIONER AND CHAIRPERSON JAN SHOMAKER: D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Gorman - asked staff to investigate the red curbing on Sixth Street at Main Street, to allow for a bus stop, therefore eliminating parking for the area apartment residents. He asked if an alternate location would be feasible. Steve May, Public Works, stated he would investigate and report back. Commissioner Bourguignon - asked staff to investigate the possibility of creating a check list indicating the Progressive restrictions being placed on contaminated fluids. Mike Adams, Director of Community Development stated he would investigate and report back. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the January 4, 1993 City Council meeting. PC Minutes - 1/5/93 -11- (5683d) G . ADJOURNMENT A MOTION WAS MADE BY AT 8:29 PM BY RICHARDSON, SECOND BY DETTLOFF, TO ADJOURN TO A 5:30 PM SPECIAL MEETING ON JANUARY 12, 1993, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: A-C, a�.C— Mike Adams, Secretary Jn P1 nning Commission Chairperson 1 PC Minutes - 1/5/93 -12- (5683d)