Loading...
HomeMy WebLinkAbout1993-02-02APPROVED 2/17/93 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 2, 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: SMALL LOT DUPLEXES - FRANK MIRJAHANGIR: REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Inglee, Bourguignon, Biddle, Richardson, Dettloff, P A Gorman, Newman 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. 92-5/DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING MASTER PLAN (CONTINUED FROM THE JANUARY 5, 1993 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. 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 March 2, 1993 meeting. A MOTION WAS MADE BY INGLEE, SECOND BY BOURGUIGNON, TO CONTINUE DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN MASTER PARKING MASTER PLAN TO THE MARCH 2, 1993 PLANNING COMMISSION MEETING WITH THE PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-2 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-60: APPLICANT: John/Angelo Lardas APPELLANT: Roy Richardson, Planning Commissioner City of Huntington Beach LOCATION: 6561 Edinger Avenue (McDonald's Restaurant) Use Permit No. 92-60 was conditionally approved by the Zoning Administrator on December 16, 1992, permitting a McDonald's playland addition with ancillary seating and a modified site plan incorporating new parking and landscaping. The use permit application was submitted as a result of a code enforcement violation filed with the City following the removal of a previously approved landscape planter. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator's approval of Use Permit No. 92-60 with findings and suggested conditions of approval. PC Minutes - 2/2/93 -2- (5874d) THE PUBLIC HEARING WAS OPENED. John Linde, 6562 Limerick Drive, adjacent resident, spoke in opposition to the request. Mr. Linde said he was under the impression that McDonald's had verbally agreed to Alternative Action "A", which would also be acceptable to him. Scott Hess, Senior Planner, stated the City has to have reciprocal access between lots on arterial streets and that there are different parking standards for lots without reciprocal access. He explained that Alternative Action "A" would need a parking variance and the request would have to be re -advertised for such. Gerald Collins, 15931 Wicklow Lane, spoke in opposition to the request as presented, but stated Alternative Action "A" would be acceptable to him.. Sandra Sutherland, 6562 Limerick Drive, spoke in opposition to the request. Ms. Sutherland was concerned with the increased noise of trucks and the safety of her children. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Richardson explained that he had appealled this project to the Planning Commission in order for the concerns of the adjacent 0 residents to be heard at the Planning Commission level. The Commission discussed the parking variance that would be necessary with Alternative Action "A". Staff explained that there would be an approximate 30 space shortfall. Staff also explained that the management of McDonald's wanted a playground and outdoor seating area, and that could not be achieved without reciprocal access. THE PUBLIC HEARING WAS RE -OPENED. Ivan Ulba, 6581 Edinger Avenue, adjacent business owner, stated his concern that if the reciprocal access was required, his business would suffer because it would make it easier for McDonald's customers to use his parking. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED. The Commission suggested that this item be continued to the March 2, 1993 Planning Commission meeting so that the adjacent property owners could meet with staff to discuss the advantages of relocating the easement and that the applicant could consider requesting a parking variance. PC Minutes - 2/2/93 -3- (5874d) A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO CONTINUE THE APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-60 TO THE MARCH 2, 1993 PLANNING COMMISSION MEETING TO ALLOW STAFF TIME TO MEET WITH ADJACENT PROPERTY OWNERS TO DISCUSS RELOCATION OF EASEMENT AND TO ALLOW TIME FOR THE APPLICANT TO CONSIDER A PARKING VARIANCE, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-3 ADMINISTRATIVE REVIEW NO. 92-16/CONDITIONAL EXCEPTION (VARIANCE) NO. 92-44: APPLICANT: Leroy Fritz, Jr. LOCATION: 15701 Industry Lane Administrative Review No. 92-16 and Conditional Exception (Variance) No. 92-44 is a request to retain a 4,628 square foot metal building to an existing 23,724 square foot facility (Tiodize Company). Pursuant to Section 9510.17 of the Huntington Beach Ordinance Code, metal structures are required to be reviewed and acted upon by the Planning Commission. The conditional exception (variance) involves a request for a 20 space parking variance pursuant to the off-street parking requirements specified in Section 9602.2 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends the Planning Commission deny the applicant's request, requiring removal of the building annex and replacement of parking spaces. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO CONTINUE ADMINISTRATIVE REVIEW NO. 92-16 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 92-44 TO THE MARCH 2, 1993 PLANNING COMMISSION MEETING AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED 1 PC Minutes - 2/2/93 -4- (5874d) B-4 CONDITIONAL USE PERMIT NO. 90-40/CONDITIONAL USE PERMIT NO. 91-53• APPLICANT: Mr. Jeffrey C. Rohring LOCATION: 17296 Beach Boulevard - Holland Center (eastside of Beach Boulevard, approximately 50 feet north of Holland Drive) Centerfield Sports Bar & Grill is required to be reviewed by the Planning Commission on a yearly basis for compliance with conditions of approval. The use and location have been reviewed and inspected by the Code Enforcement Section and Police Department. The reviews indicate that the use and location are in compliance with the conditions of approval. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the annual review of Conditional Use Permits No. 90-40 and No. 91-53 for Centerfield Sports Bar & Grill. 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 BOURGUIGNON, SECOND BY BIDDLE, TO APPROVE THE ANNUAL REVIEW FOR CONDITIONAL USE PERMITS NO. 90-40 AND NO. 91-53 WITH FUTURE ANNUAL REVIEWS AT STAFF LEVEL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-5 CONDITIONAL USE PERMIT NO. 92-42 WITH SPECIAL PERMITS/CONDITIONAL EXCEPTION (VARIANCE) NO. 92-45/TENTATIVE TRACT MAP NO. 14757: APPLICANT: Delaware II LOCATION: 409 Utica Street Conditional Use Permit No. 92-42 is a request to convert an existing 44 unit apartment complex to condominiums. Four (4) special permits are requested pursuant to the condominium conversion provisions. Special Permits are requested for: PC Minutes - 2/2/93 -5- (5874d) 1. Open parking spaces within 15 feet of a unit; 2. Reduction in common open space area; 3. Reduced private patios; and 4. Reduced width of main vehicular access. In addition to the four (4) special permits, the applicant has requested that 12 on -street parking spaces be applied to the overall project required parking demand. In return for support of the four (4) special permits and the parking variance the applicant has agreed to designate the entire project as affordable for moderate and low income households. STAFF RECOMMENDATION: Staff supports the applicant's request for the condominium conversion, the four (4) special permits and the parking variance based on planning analysis and the affordable housing proposal. Commissioner Inglee stated he would be abstaining from this item in conformance with the Political Reform Act. The Commission discussed the role that the City would play beyond the Affordable Housing Agreement that would assure affordability. The also asked for clarification of the relocation assistance. Staff explained that the relocation assistance was per household or unit, regardless of the number of tenants. THE PUBLIC HEARING WAS OPENED. Haydee V. Tillotson, 16426 Ladona Circle, applicant, gave a presentation to the Commission. She stressed that Huntington Beach needs this type of affordable housing project. Frank Puccilli, 2402 Florida Street #6, spoke in support of the project, stating that more private home ownership was needed in this particular area. Linda Nobre, 409 Utica Street #40, spoke in support of the request. Brenda Roberts, 615 Utica #3, spoke in support of the request. May Lewis, 710 Jay Circle, spoke in support of the request. Frank D. Joseph, 2207 Florida Street, spoke in support of the request. Dave Burris, 419 Main Street, Suite 73, spoke in support of the request. Tim L. Hagerman, 409 Utica Street #2, spoke in support of the request. C CI PC Minutes - 2/2/93 -6- (5874d) THERE WERE NO OTHER PERSONS PRESENT TO'SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed what penalties the CC&R's could incorporate to encourage residents to use their garages. Rick Jefferies, representing the applicant, stated that would be up to the Homeowner's Association. It was suggested that the use of automatic garage door openers be included in the conditions of approval to encourage the use of garages. The applicant stated this could be done. A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-42 WITH SPECIAL PERMITS, CONDITIONAL EXCEPTION (VARIANCE) NO. 92-45 AND TENTATIVE TRACT MAP NO. 14757 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: Inglee MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-42: - 1. The proposed 44 unit condominium conversion with a 33% (11 unit) density bonus and 4 special permits will not be detrimental to the health, safety, and general welfare of the community because: a. The project can be adequately serviced by City and County water, sewer, and storm drain systems, without significantly impacting the overall service or system. There are adequate existing services available to the site. b. The project will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. The site is adjacent to an existing, improved street designed to accommodate the existing residential use. c. The project is compatible with the physical character of the surrounding area because the massing is consistent with existing two and three story projects in the area. 2. The proposed 44 unit condominium conversion with 33% (11 unit) density bonus is consistent with the overall intent of the General Plan. The project complies with the Housing Element, Program 2.7 relative to relaxation of development standards (special permits) to reduce housing costs. In addition, the project meets the housing goal of providing a variety of housing opportunities for various economic groups. PC Minutes - 2/2/93 -7- (5874d) 3. The access to and parking for the proposed 44 unit condominium conversion with a 33% density bonus will not create an undue traffic problem. The 94 on -site parking spaces plus the 12 on -street parking spaces will satisfy the parking requirements of the Huntington Beach Ordinance Code. 4. The location, site layout, and design of the proposed 44 unit condominium conversion with a 33% density bonus properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The orientation provides proper light and air circulation and is visually pleasing. 5. The project will not displace a significant percentage of low or moderate income, senior citizen tenants or tenants with children. Conditions will require relocation assistance and affordable rental housing exists in the near vicinity. 6. The applicant has complied with proper notice to tenants regarding the intent to convert to condominiums as required by State Law and the City's Condominium Conversion Ordinance and has not engaged in coercive action towards the existing tenants. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the condominium conversion requirements to better suit the 44 unit condominium conversion with a 33% density bonus which are compatible with the surrounding area: a. Unenclosed parking spaces within 15 feet of a unit; b. Reduction in common open space (19,171 square feet in lieu of 26,400 square feet); c. Reduction in patio areas for ground floor units; and d. Reduce main entrance width (27' in lieu of 44'); 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. 4. The requested special permits are consistent with the objectives of the condominium conversion standards in achieving a development adapted to the terrain and compatible with the surrounding environment. 5. The special permits allow for reduction of housing costs consistent with provisions of the goals and objectives of the Housing Element. PC Minutes - 2/2/93 -8- (5874d) FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 92-45: 1. The granting of Conditional Exception (Variance) No. 92-45 for the 12 space deficiency will not defeat the intent of Article 960 because adequate on -street parking spaces are provided. 2. The existing 44 unit apartment project complied with the City's parking requirements when it was built. Providing additional parking on -site or reducing the parking demand would represent an undue hardship. 3. The existing 44 unit apartment project is bordered on three (3) sides which provides an unusually high number of on -street parking spaces. This creates an extraordinary circumstance where on 12 of the total 27 on -street parking spaces are needed. 4. The -utilization of the 12 on -street parking spaces will not be detrimental to the public health, safety and welfare to the neighborhood because the existing situation has not created traffic or parking problems and the conversion to ownership may reduce the overall parking demand. 5. The applicant will carry out the request for 12 on -street parking spaces because the spaces and being currently used. r 6. The request for 12 on -street parking spaces is an additional incentive to provide all 44 units for affordable housing. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO, 14757: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for Tentative Tract Map No. 14757 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 Medium Density Residential and R2 (15 units per gross acre) zoning were implemented. Existing infrastructure can accommodate the condominium conversion. 3. The General Plan has set forth provisions for the 44 unit condominium conversion as well as setting forth objectives for the implementation of this type of use. 4. The site is relatively flat and physically suitable for the proposed density of 17.5 units per gross acre. 5. Tentative Tract Map No. 14757 for a 44 unit condominium conversion is consistent with the goals and policies of the Huntington Beach General Plan. PC Minutes - 2/2/93 -9- (5874d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 92-42: 1. The site plan, floor plans, and elevations received and dated January 28, 1993 shall be the conceptually approved layout with the following modification: a. All garages shall be equipped with electric garage door opener with remote control. 2. Prior to City Council acceptance of Tract Map No. 14757, the applicant shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Submit an Affordable Housing Agreement to provide 44 affordable income units on -site as a result of the condominium conversion with density bonus, special permits and parking variance. The Agreement shall be reviewed and approved by the Director of Community Development and City Attorney. The contents of the Affordable Housing Agreement shall include the following: 1) Thirty (30) units shall be designated for moderate income households (80%-120% of the Orange County Median Income); and 14 shall be designated for low income households (less than 80% of the Orange County Median Income). 2) A detailed description of the type, size and location of units designated for moderate and low income households which includes a minimum of two (2), one (1) bedroom units, eight (8), two (2) bedroom units and a minimum of four (4), three (3) bedroom units designated for low income households. 3) The estimated applicable sales price of the units. 4) Method to assure affordability for the life of the project. 5) Provisions for quarterly notice of the actual implementation of the Agreement to the Director of Community Development. 3. A Relocation Assistance Plan shall be submitted for review and approval that provides relocation assistance in accord with the Huntington Beach Ordinance Code and State Law. It shall include: a. Provisions for actual moving expenses. b. Offer a lifetime lease to any tenant 62 years of age or older or to any handicapped tenant. c. The applicant shall allow any tenant with school age children to extend the existing lease to the end of the school year. PC Minutes - 2/2/93 -10- (5874d) 4. Submit evidence that the project complies with sound attenuation as required by Section 936.5.50. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO, 14757: 1. The tentative tract map received and dated January 28, 1993, shall be the approved layout. 2. Public Works requirements are as follows: a. All vehicular access rights to Utica Avenue, California Street, and Delaware Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. b. Prior to recordation of this final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision code and Orange County Subdivision Manual, Subarticle 18. c. Prior to recordation of this final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. At least 60 days prior to City Council acceptance of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 5, 1993: A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JANUARY 5, 1993, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED PC Minutes - 2/2/93 -11- (5874d) C-2 PLANNING COMMISSION MINUTES DATED JANUARY 12, 1993: A MOTION WAS MADE BY GORMAN, SECOND BY DETTLOFF, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JANUARY 12, 1993, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED JANUARY 20, 1992: A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JANUARY 20, 1993, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 RESOLUTION NO, 1477 EXPRESSING APPRECIATION TO OUTGOING COMMISSIONER SUSAN NEWMAN: A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO ADOPT RESOLUTION NO. 1478 EXPRESSING APPRECIATION TO OUTGOING PLANNING COMMISSION SUSAN NEWMAN, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED PC Minutes - 2/2/93 -12- (5874d) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Bourguignon - stated he and his neighbors had received a warning letter in the mail claiming it was from the City of Huntington Beach. He asked if a letter could be drafted and sent to the Homeowner's Association stating that the letter in fact was not from the City. The matter was deferred to Counsel. Commissioner Biddle - asked staff what could be done regarding the traffic problem on Yorktown between Beach and Florida. Staff stated that acquisition and improvements to the area were currently underway. Commissioner Biddle also requested a copy of the building plans for the project located on Main and Olive. He also requested a tour of the Planning/Building Department, in order to understand the process/system better. Commissioner Richardson - stated that City Council had misunderstood the Planning Commission's action taken on an addition project in the harbour area. He requested that staff prepare correspondence to City Council explaining their action. The Commission voted unanimously, to direct staff to prepare correspondence explaining their actions and the potential ramifications of denial of this project. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, stated actions taken at the February 1, 1993 City Council meeting. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, AT 8:45 PM TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON FEBRUARY 17, 1993 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: I L Mike Adams, Secreta y P1 nning Commission Chairperson PC Minutes - 2/2/93 -13- (5874d)