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HomeMy WebLinkAbout1993-04-20Approved 5/4/93 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 20, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5.30 PM BEACH TRAIL FROM THE PIER TO 11TH STREET REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, Dettloff P P Gorman, Inglee A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN TO MOVE ITEMS B-3, B-5, B-6, D-4 AND D-2 TO THE FRONT OF THE AGENDA, AFTER ORAL COMMUNICATIONS. MOTION PASSED UNANIMOUSLY. PLEASE NOTE THE MINUTES WILL REFLECT THE ACTIONS TAKEN IN THEIR SCHEDULED ORDER. 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. The following persons spoke in opposition to item D-3 - Extension of Time - Revocation of Use Permit No. 92-29: Kirk Kirkland, Carol Van Asten, Ursula Whiteford, Ernesto Bellino, Shirley Czimber, Brenda Roberts, Wan Ho Kim, Dave Karina, Frank Puccilli, Terry Harmon, Dave Burris Dick Harlow, stated that he felt the Development Standards suggested for the Downtown Specific Plan will help the affordable housing goals. He also asked the Commission to bring item B-2 to the front of the agenda. A. ORAL COMMUNICATIONS (Continued) Michael Fein, 714 Ocean Hill Drive, spoke on behalf of the applicant for non-public hearing item D-1. Mr. Fein gave a brief history of the site. Jeff Bergsma, 215 Main Street, spoke on non-public hearing item D-1. Mr. Bergsma, architect for the project, gave, a development overview. B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 92-5/DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING STUDY AND MASTER PLAN (CONTINUED FROM THE APRIL 6, 1993 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard and Sixth Street On April 6, 1993, the Planning Commission continued action on the Downtown Specific Plan to allow for the completion of the Parking Implementation Plan. It is anticipated that the plan will be available for a two (2) week public review prior to the May 18, 1993 Planning Commission meeting. In the interim, the staff anticipates discussing the proposed changes relative to the General Provisions of the Specific Plan. Specifically, the new development standards for affordable housing which are intended to provide an incentive to developers. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take public testimony and straw votes on the General Provisions of the Specific Plan and continue Code Amendment No. 92-5/Downtown Specific Plan Code Amendment/'Village Concept' and Downtown Parking Study and Master Plan to the May 18, 1993 Planning Commission meeting. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN TO THE MAY 18, 1993 PLANNING COMMISSION MEETING. The Planning Commission requested more information regarding gross versus net site area, height consistency with all Districts and refrained from straw votes until this information was received and the Master Parking Plan could be studied. 1 PC Minutes - 4/20/93 -2- (6638d) A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO CONTINUE THE GENERAL PROVISIONS OF THE SPECIFIC PLAN AND CODE AMENDMENT NO. 92-5, DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING STUDY AND MASTER PLAN WITH THE PUBLIC HEARING OPEN, TO THE MAY 18, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 GENERAL PLAN CONFORMANCE NO 93-1 (CONTINUED FROM THE APRIL 6, 1993 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: Southern terminus of Quarterhorse and Saddleback Lane in the Ellis-Goldenwest Quartersection. The area is bounded by Ellis Avenue, Garfield Avenue, Edwards Street and Goldenwest Street. General Plan Conformance No. 93-1 was continued from the April 6, 1993 Planning Commission meeting at the request of the applicant. No new or additional information has been provided for your consideration (refer to the April 6, 1993 Planning Commission Staff Report). The proposed project is located within the Ellis-Goldenwest Quartersection at the southern terminus of Quarterhorse and Saddleback Lanes. The purpose of the request is to find that the proposed alignment and installation of a storm drain pipe from Tentative Tract No. 14009 to Tentative Tract No. 13439 is in conformance with the General Plan. The storm drain connection is an off -site improvement conditioned by approval of Tentative Tract No. 14009, an approved 96 lot estate residential subdivision. STAFF RECOMMENDATION: Planning staff recommends approval of the request. Approval is based upon findings of consistency with the goals and policies of the Community Facilities Element of the General Plan and will serve to implement the Ellis-Goldenwest and Holly-Seacliff Specific Plans. The Department of Public Works requested a continuance to a date uncertain. PC Minutes - 4/20/93 -3- (6638d) A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO CONTINUE GENERAL PLAN CONFORMANCE NO. 93-1 TO A DATE UNCERTAIN AT THE REQUEST OF THE DEPARTMENT OF PUBLIC WORKS, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-3 CODE AMENDMENT NO. 91-10/ENVIRONMENTAL ASSESSMENT NO. 91-32: APPLICANT: City of Huntington Beach, Department of Community Development Planning staff requests the public hearing for Code Amendment No. 91-10 and Environmental Assessment No. 91-32 be continued. This continuance will allow the Planning Commission adequate time to complete the public hearing on the code amendment to revise the Downtown Specific Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Code Amendment No. 91-10 and Environmental Assessment No. 91-32 to the June 15, 1993 Planning Commission meeting. A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO CONTINUE CODE AMENDMENT NO. 91-10 AND ENVIRONMENTAL ASSESSMENT NO. 91-32 TO THE JUNE 15, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-4 CONDITIONAL USE PERMIT NO, 92-43: APPLICANT: Samuale D. Roger LOCATION: 17304 Beach Boulevard (Jam's in Holland Center) Jam's Cafe du Monde, a coffee house located in the Holland Center (east side of Beach Boulevard, approximately 50 feet north of Holland Drive) is requesting live entertainment which will consist of acoustic music, poetry, storytelling and theatrical presentations PC Minutes - 4/20/93 -4- (6638d) as a compliment to the coffee house. The subject site meets the locational requirements to buffer live entertainment music from any adjacent residential properties. No dancing is proposed as part of this request. STAFF RECOMMENDATION: Planning staff recommends approval of Conditional Use Permit No. 92-43 to establish live entertainment. The applicant submitted a request for continuance to the May 4, 1993 Planning Commission meeting. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY BIDDLE, TO CONTINUE CONDITIONAL USE PERMIT NO. 92-43 TO THE MAY 4, 1993 PLANNING COMMISSION MEETING AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-5 CONDITIONAL USE PERMIT NO, 92-40: APPLICANT: The Learning Circle - Judith Coglianese, Kellie Gillespie LOCATION: 6621 Glen Drive (Glenview School) Conditional Use Permit No. 92-40 is a request to expand an existing preschool and daycare program approved for a maximum of 100 children at the closed Glen View Elementary School. The request includes expansion of an existing driveway, a new parking lot, and expansion of student enrollment for up to 300 children all within the existing vacated school buildings; no new buildings are proposed. STAFF RECOMMENDATION: Staff recommends approval of the request because the proposed project meets all the code requirements for a day care center including adequate indoor and outdoor play area, security fencing, and adequate parking. Conditions of approval are recommended so that the preschool and daycare program are compatible with the surrounding single family residential neighborhood. THE PUBLIC HEARING WAS OPENED. George Snyder, 6692 Glen Drive, spoke in opposition to the request. He concerns included parking problems and excessive traffic. PC Minutes - 4/20/93 -5- (6638d) Kellie Gillespie, 16311 Nassau Lane, applicant, stated she was in concurrence with the staff's recommendation except for limiting the east parking lot to "staff only" parking. Joanne Ingram, 481 W. Alton Avenue, Santa Ana, representing applicant, stated that they inform parents of students attending the school to obey traffic laws. She also expressed concern over limiting the east parking lot to "staff only" parking. Judy Coglianese, 8242 Crown Court, Westminster, applicant, submitted a petition to the Commission of people in support of the request. Dr. Stan Oswalt, 1918 Alsuna Lane, Business Consultant for the School District, spoke on behalf of the applicant. Dr. Oswalt also expressed concern in limiting the east parking lot to "staff only" parking. Jim McCoy, 6791 Sayview Drive, adjacent resident, submitted letter of opposition to the Commission. He is concerned with excessive traffic generated by the school use and loss of basketball courts for school parking. Mark Weeber, 15751 Belfast Lane, spoke in opposition to the removal of the basketball court. Denise Hribour, 5952 Woodboro, spoke is support of the request. Sue Hobbs Costley, 16172 Brimhall Lane, spoke in support of the request. Frank Caponi, 6662 Glen Drive, spoke in opposition to the request. Al Breitwieser, 5711 Venturi Drive, spoke in support of the request. Judy Osman, 7081 Moonlight Circle, spoke in support of the request. Tom McLain, 2817 Meriday Lane, Santa Ana, spoke in support of the request. Kellie Stanley, 18651 Demion Lane, #D, teacher at the Learning Circle, spoke in support of the request. Gabrielle Thuet, 15882 Wicklow Lane, spoke in opposition to the request with concern regarding excessive traffic. Lorelei Lachman, 17181 Twain Lane, spoke in support of the request. Janet Lyttle, 6901 Shannon Drive, spoke in support of the request. David Osman, 7081 Moonlight Circle, spoke in support of the request. Karen Blyth, 16581 Fountain Lane, spoke in support of the request. Cindy Shillito, 5101 Cheryl Drive, spoke in support of the request. PC Minutes - 4/20/93 -6- (6638d) 1 1 b. The day care center shall comply with all applicable requirements of Chapter 8.40, Noise Control of the Municipal Code. c. Enrollment shall be limited to a maximum of 300 children. d. The hours of operation shall be limited to: Monday - Friday 6:30 AM - 6:00 PM 5. The Fire Department's conditions are as follows: a. Verification to the Huntington Beach Fire Department that the school fire alarm system has been maintained in an operational state and that the system is equipped with the following: 1. Manual Pulls 2. Smoke Detectors (required only in rooms exiting through intervening rooms. See HB Fire Code Section 14.104(d)3). 3. Audible Alarms 4. Annunciation b. Fire extinguishers must be installed and located in areas to comply with Huntington Beach Fire Code Standards. c. Building numbers must be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. d. Individual room numbers must be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. e. A gate opening for fire equipment access must be installed in the chain link fence near the southeast corner of Building 200. 6. The Public Works' conditions are as follows: a. The applicant shall construct a radius type driveway. b. The applicant shall obtain approval of a Public Works Permit for the driveway. 7. The Building Division's conditions are as follows: a. Any classroom that exceeds 1,000 square feet shall have 2 emergency exits. 8. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-40 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 4/20/93 -9- (6638d) 9. This conditional use permit shall not become effective for any purpose until the ten day appeal period has elapsed. 10. Conditional Use Permit No. 92-40 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. B-6 SPECIAL SIGN PERMIT NO, 93-3: APPLICANT: Mark Frank, Pedro Electric Sign Company LOCATION: 6491 Edinger Avenue (Blockbuster Video) Special Sign Permit No. 93-3 is a request to allow a six (6) foot high monument sign with 18 square feet of signage in addition to existing wall signage pursuant to Section 9610.7, Special Sign Permit. The sign code specifies that corner sites with less than 400 feet of frontage are allowed either a free standing sign, such as requested, or wall signage. The representative for Blockbuster Video will not be able to attend the scheduled meeting and has, therefore, requested the continuance. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Special Sign Permit No. 93-3 to the May 4, 1993 Planning Commission meeting as requested by the applicant. A MOTION WAS MADE BY GORMAN, SECOND BY BOURGUIGNON, TO CONTINUE SPECIAL SIGN PERMIT NO. 93-3 TO THE MAY 4, 1993 PLANNING COMMISSION MEETING AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-7 ANNUAL REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT: APPLICANT: Robert Mayer Corporation/City of Huntington Beach LOCATION: Northside of Pacific Coast Highway between Huntington Street and Beach Boulevard. PC Minutes - 4/20/93 -10- (6638d) Suzanne Van Dyke, 6562 Red Coach Drive, spoke in support of the request. Dr. Ed Ramirez, 6791 Glen Drive, spoke in support of the request. Debbie McGill, 6719 Skyview Drive, spoke in opposition to the request. Tracie Thorn, 6621 Glen Drive, spoke in support of the request. Luann Jester, 6222 Ludlow Avenue, Garden Grove, spoke in support of the request. Patty Donnelly, 16782 Caper Lane, spoke in support of the request. James Dunbeck, 6522 Meath Circle, spoke in support of the request. Nancy Gilbertson, 19775 Coventry Lane, spoke in support of the request. Vivi Brostoff, 15631 Sunflower Lane, spoke in support of the request. Gary Moran, 15742 Belfast, spoke in opposition to the request. John Thuet, 15882 Wicklow Lane, spoke in opposition to the removal of the basketball court and excessive traffic being generated. Linda Hernandez, 7862 Darwin Avenue, Midway City, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the use of the east parking lot for "staff only" parking, fire compliance and the gate that would be locked on weekends. The Commission concluded that the east parking lot should be open to all parking and the gate requirement should be eliminated. A MOTION WAS MADE BY BIDDLE, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-40 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/20/93 -7- (6638d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 92-40: 1. The proposed preschool with maximum 300 children is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of low density residential which allows for preschools and day care centers subject to approval of a conditional use permit by the Planning Commission. 2. The location, site layout, and design of the proposed preschool properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The preschool is proposed at an existing school site and is compatible with the surrounding single family residential uses. 3. The combination and relationship of one proposed use to another on a site are properly integrated. The additional parking lot and wider driveway approach ensure safe and adequate ingress and egress to the school. The chainlink fence adequately secures the preschool grounds from the adjacent soccer field and city park. 4. The access to and parking for the proposed preschool does not create an undue traffic problem because the day care center can be provided with parking as well as adequate ingress and egress. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 92-40: 1. The site plan and floor plans received and dated March 18, 1993 shall be the conceptually approved layout with the following modifications: a. The east parking lot shall be redesigned to preserve one (1) full basketball court on the school grounds and provide for a drop off area. A minimum of 43 total parking spaces must be provided between the east and west parking lots. A four (4) foot high fence shall be provided between the new parking area and the remaining basketball court. 2. The applicant shall widen the driveway, re -asphalt the basketball court and new parking lot, install the required fencing and stripe the east parking lot and re -stripe the westerly parking lot according to the standards of Article 960 of the Huntington Beach Ordinance Code no later than ninety (90) days after final project approval. 3. The applicant shall submit a copy of the State Community Care license and City Business License within 30 days of final project approval. 4. The use shall conform to the following: a. Children attending the day care center shall be restricted to designated play areas only, unless supervised by an adult. PC Minutes - 4/20/93 -8- (6638d) The Waterfront Development Agreement is being submitted to the Planning Commission for annual review purposes, pursuant to Section 2 (Page 84) of said agreement, to determine whether or not the developer, Robert L. Mayer, has complied with the terms and conditions of the Agreement up until this date. It was approved by the City Council in August 1988, and recorded in January 1989. Phase I of the Agreement, Hilton Hotel, was completed in July, 1990. Following a public hearing, the the developer has complied with contrary, make a recommendation appropriate action. Such actin Council for final action. STAFF RECOMMENDATION: Commission shall either find that the Agreement or, if it finds to the to the City Council regarding n will be forwarded to the City Determine that the developer, Robert L. Mayer, has substantially complied with the terms and conditions of the Waterfront Development Agreement as required up until this date and forward to the City Council for approval. The Commission discussed compliance of the affordable housing condition being met in Phase II. They also questioned Counsel as to whether the construction loan being in default has any affect on the Development Agreement. Counsel said it did not. 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 GORMAN, TO DETERMINE THAT THE DEVELOPER, ROBERT L. MAYER, HAS SUBSTANTIALLY COMPLIED WITH THE TERMS AND CONDITIONS OF THE WATERFRONT DEVELOPMENT AGREEMENT AS REQUIRED UP UNTIL THIS DATE AND FORWARD TO THE CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 93-2: APPLICANT: City of Huntington Beach, Redevelopment Agency LOCATION: The parcels are located on the south side of Ronald Road approximately 488 feet west of Beach Boulevard (see location map). PC Minutes - 4/20/93 -11- (6638d) The purpose of the request is to determine if the proposed transfer of property from the City to the Redevelopment Agency for the purposes of providing ownership housing for low and very low income households is in conformance with the General Plan. The three (3) parcels to be transferred are zoned R2 (Medium Density Residential) and comprise a total of approximately 0.20 acre. STAFF RECOMMENDATION: Planning staff recommends approval of the request based on the fact that the request is consistent with the Housing Element of the General Plan. Specifically, the transfer of property to the Redevelopment Agency will facilitate the provision of residential units affordable to low and very low income households and will further the City's Housing Element goals. A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO APPROVE GENERAL PLAN CONFORMANCE NO. 93-2 WITH FINDINGS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 93-2: 1. The proposed project is in conformance with the General Plan, -specifically the following policies: A. Housing: Encourage both the private and public sectors to produce or assist in the production of housing with particular emphasis on housing affordable to lower income households, as well as the needs of the handicapped, the elderly, large families and female -headed households. The proposed transfer of property will facilitate the provision of affordable housing to low and very low income households. B. Housing: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. The proposed transfer of property will facilitate the provision of ownership housing for low and very low income households. 1 PC Minutes - 4/20/93 -12- (6638d) C. Housing: Utilize the following general criteria for identifying and evaluating potential sites for low and moderate cost housing and sites for the elderly and/or handicapped. While compliance with the following criteria is preferable, no site shall be dismissed for failure to meet this criteria and shall be judged on its own merit. Sites should be: - located with convenient access to arterial highways and public transportation, schools, parks and recreational facilities, shopping areas, employment opportunities; - adequately served by public facilities, services and utilities; - minimally impacted by seismic and flood hazards. Where such hazards cannot be avoided, adequate mitigation measures shall be incorporated into the design of all proposed development; - minimally impacted by noise and blighted conditions; - compatible with surrounding existing and planned land uses; and located outside areas of predominantly lower income concentrations. C-2 PLANNING COMMISSION MINUTES DATED MARCH 2, 1993 A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 2, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, C-3 PLANNING COMMISSION MINUTES DATED MARCH 16 1993 A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 16, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, n PC Minutes - 4/20/93 -13- (6638d) D. NON-PUBLIC HEARING ITEMS D-1 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 91-57 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO, 92-2/NEGATIVE DECLARATION NO. 92-9: APPLICANT: Team Design - Jeff Bergsma LOCATION: 303 Third Street (northeast corner of Olive Avenue and Third Street The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 91-57 with special permits which was approved by the Planning Commission on April 7, 1992. The request included construction of a two-story, 13,200 square foot building on an 8,512.5 square foot parcel, to be used as a health club. The special permits allowed the building to encroach into the front and side yard setbacks (0' setback in lieu of 5') and into the rear yard setback (0' setback in lieu of 3'). STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the requested extension of time for Conditional Use Permit No. 91-57 with special permits. The Commission discussed whether the intent of the failure to break ground for the conditional use permit was in good faith. They also discussed the viability of an in -lieu parking fee in place of grandfathering parking spaces, in reference to the fact that if this conditional use permit was extended the current grandfathering of parking spaces would be eliminated from the conditions of approval. A MOTION WAS MADE BY GORMAN, SECOND BY BOURGUIGNON, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 91-57 WITH SPECIAL PERMITS, BY THE FOLLOWING VOTE: #AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C PC Minutes - 4/20/93 -14- (6638d) D-2 SITE PLAN AMENDMENT N0, 93-2: APPLICANT: David Czaja LOCATION: 5142 Warner Avenue Site Plan Amendment No. 93-2 is a request to amend the approved elevations on a 33 unit condominium project. The conditions of approval require the patio walls along Warner Avenue and Leslie Lane to be constructed of a combination of three (3) feet of block wall and three (3) feet of plexiglass. The applicant no longer wishes to construct the plexiglass because he feels the material is not architecturally compatible with the final project colors and materials. STAFF RECOMMENDATION: Staff recommends denial of the request because the condominium project approval included a special permit to allow the patio walls to encroach into the required front yard and exterior side yard setbacks. All private open space patios require a wall enclosure greater than 42 inches high and a 42 inch high wall must meet the required setback. In this case, staff recommended approval of the special permit to encroach into the setback because the clear material on top of the wall serves to break up the visual mass of the building, and creates a sense of privacy and separation from Warner Avenue, and provides sound attenuation. The applicant submitted a request for continuance to the May 4, 1993 Planning Commission meeting. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY GORMAN, TO CONTINUE SITE PLAN AMENDMENT NO. 93-2 TO THE MAY 4, 1993 PLANNING COMMISSION MEETING AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D-3 EXTENSION OF TIME - REVOCATION OF USE PERMIT NO, 92-29: APPLICANT: Thelma & Juan Navarro LOCATION: 19731 Beach Boulevard PC Minutes - 4/20/93 -15- (6638d) Use Permit No. 92-29 was revoked by the Zoning Administrator on December 23, 1992 following a public hearing for a six (6) month review of the recycling center. The revocation required the applicant to cease operation of the use due to incompatibility with surrounding residential uses. On February 17, 1993, the Planning Commission denied an appeal by the applicant to overturn the Zoning Administrator's action and, by minute action, allowed the applicant 60 days for relocation of the recycling center. The applicant is requesting three (3) additional months time to relocate the recycling center because they have been unable to find a new location and the fact that it will take approximately two (2) months for the State to certify any new location. Staff has been working with the applicant in trying to locate a new site. In addition, the applicant has stated that this is a major portion of his family income and to remove the center without a new location would create a significant hardship to him. The applicant has also indicated that he was never notified of the Planning Commission meeting and that he received the action letter after the appeal period had elapsed. As a result, he was not in attendance at the meeting for responding to citizen's concerns and it was too late for him to appeal the Planning decision to the City Council. STAFF RECOMMENDATION: Staff recommended that the Planning Commission deny the three (3) month extension of time based upon testimony during oral communications by residents in the vicinity. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY GORMAN, TO DENY THE THREE (3) MONTH EXTENSION OF TIME FOR USE PERMIT NO. 92-29 TO RELOCATE THE RECYCLING CENTER, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D-4 DRAFT HOLLY-SEACLIFF AFFORDABLE HOUSING PLAN: APPLICANT; Seacliff Partners LOCATION: Holly-Seacliff area PC Minutes - 4/20/93 -16- (6638d) In April 1992, the City adopted the Holly-Seacliff Specific Plan which allows up to 3,895 dwelling units. On March 8, 1993, Seacliff Partners submitted an Affordable Housing Plan in an effort to comply with the Specific Plan requirement. The purpose of this report is to analyze and critique the submittal using the Housing Element and Holly-Seacliff Specific Plan as a guide. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue the Holly-Seacliff Specific Plan Affordable Housing Plan to the May 18, 1993 Planning Commission meeting as requested by the applicant to allow staff to incorporate the recommended revisions. A MOTION WAS MADE BY GORMAN, SECOND BY BOURGUIGNON, TO CONTINUE THE HOLLY-SEACLIFF SPECIFIC PLAN AFFORDABLE HOUSING PLAN TO THE MAY 18, 1993 PLANNING COMMISSION MEETING TO ALLOW STAFF TO INCORPORATE THE RECOMMENDED REVISIONS, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Richardson - requested staff to report on a newspaper article regarding City taxes. Staff stated they would prepare a response. He also informed the Commission that City Council had requested a representative to sit on the newly formed Bolsa Chica Strategic Planning Committee. Commissioner Dettloff was appointed, and Commissioner Inglee will be the alternate. Commissioner Gorman - requested a report on the current loitering laws in Huntington Beach. Staff stated they would report back. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, restated actions taken at the April 19, 1993 City Council meeting. PC Minutes - 4/20/93 -17- (6638d) G . ADJOURNMENT A MOTION WAS MADE AT 11:40 PM BY RICHARDSON, SECOND BY DETTLOFF, TO ADJOURN TO 7:00 PM ON MAY 4, 1993 FOR THE REGULARLY SCHEDULED MEETING BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: Mike Adams, Secretary Pl4nning Commission Chairperson 1 C� PC Minutes - 4/20/93 -18- (6638d)