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HomeMy WebLinkAbout1993-05-18MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 18, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM DISCUSSION OF THE ARROYO-SECO AUDIT ANALYSIS OF THE COMMUNITY DEVELOPMENT DEPARTMENT DRAFT CODE OF ETHICS REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, Dettloff, P P Gorman, Inglee Commissioner Richardson stated that it was the intent of the Commission to continue item B-5, Code Amendment No. 93-2 and Negative Declaration No. 91-32, to a special meeting on June 8, 1993. He stated that if anyone should have comments they should submit them to the Community Development Department and they would be included in the report for that date. 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. Richard Harlow, 211 Main Street, spoke in regards to item C-1 on the agenda.- He submitted a letter of opposition to the Commission from Ronald and Emily Ann Brindle, who he is representing. Mr. Harlow requested that the item be pulled from the agenda in order to allow staff time to study alternative sites for a park in the Ellis-Goldenwest Specific Plan area. A.- ORAL COMMUNICATIONS (Continued) Bill Holman, 23 Corporate Plaza, Suite 250, Newport Beach, representing Pacific Coast Homes, spoke in support of item D-2 an extension of time. Mr. Holman stated that the delay was being caused by sluggish market conditions. George E. Arnold. spoke in opposition to an extension of time for item D-2. Commissioner Richardson stated their intent to continue item B-1 to a special meeting on June 8, 1993, and requested a motion to move item B-1 to the end of the public hearing items on the agenda. A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO MOVE ITEM B-1 TO THE END OF THE PUBLIC HEARING ITEMS ON THE AGENDA, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: Bourguignon MOTION PASSED PLEASE NOTE THAT THE MINUTES WILL RELECT ACTIONS TAKEN IN THE REGULAR AGENDA ORDER 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 20 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 20, 1993, the Planning Commission continued action -on the Downtown Specific Plan Code Amendment in anticipation of receiving the parking management plan from the City's consultant. - Planning staff received the Draft Downtown Parking Study and Master Plan on April 19, 1993. Staff has reviewed and commented on the draft submitted by the consultant (Greer and Company) and forwarded staff's comments to the consultant for incorporation into the final 1 C� PC Minutes - 5/18/93 -2- (7180d) 1 document. The report presented the current parking demand along with projections on future parking demands based on the revised Downtown Specific Plan, but did not include conclusions and recommendations. As of this date staff has not received the final Downtown Parking Study and Master Plan. To summarize the information in the draft parking analysis and study, it indicates that the current downtown core area provides a total of 1,880 parking spaces. The draft analysis indicates that approximately 566 (30%) to 695 (37%) of the current parking spaces were utilized during the peak hours on both a Friday and Saturday. The future peak parking demand as analyzed in the draft documents indicates that 887 (47%) parking spaces will be utilized for the core area within the downtown area. The information provided is in draft form only at this point and does not include any recommendation for implementation of the Parking Master Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission proceed with the straw votes for Districts No. 5 and No. 6. Once this process is complete, staff will return with a summary of all the straw votes and be prepared to create a new legislative draft. The staff will also provide new language to address historic preservation and school issues. Staff recommends the continuance to the June 1, 1993 Planning Commission meeting. The following straw votes were taken by the Commissioners on Districts No. 5 and No. 6: DISTRICT 5 A straw vote motion was made by Dettloff, second by Richardson, to accept the following modification, passing unanimously: Section 4.7.04 Maximum Building Height. Residential Projects - Maximum building height shall be ten (10) feet for each story plus an additional ten (10) feet for roofline treatment. Commercial Projects feet for each story roofline treatment. fifteen (15) feet. - Maximum building height shall be ten (10) plus an additional ten (10) feet for EXCEPTION: first floor may be maximum Note: Additional building height may be granted for mechanical screening up to fourteen (14) feet; unique rooflines may add an additional ten (10) feet. PC Minutes - 5/18/93 -3- (7180d) A straw vote motion was made by Biddle, second by Dettloff, to accept the following modification, passing unanimously: Section 4.7.08 Setback (Rear Yard). Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. A straw vote motion was made by Richardson, second by Dettloff, to accept the remaining modifications recommended by staff, passing unanimously. DISTRICT 6 A straw vote motion was made by Biddle, second by Cook, to accept the following modification, passing unanimously: Section 4.8.02 Minimum Parcel Size. Exception: Allow twenty-five (25) foot lot frontages to develop. A straw vote motion was made by Biddle, second by Bourguignon, to accept the following modification, passing unanimously: Section 4.8.08 Setback (Rear Yard). Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. A straw vote motion was made by Cook, second by Gorman, to accept the following modification, passing unanimously: Section 4.8.01 Permitted Uses. Add to permitted uses existing auto repair and towing may remain. A straw vote motion was made by Cook, to accept the following modification, passing unanimously: Section 4.8.01 Permitted Uses. Add - Residential units (Single Family Residential) will not need a conditional use permit if they meet code, in the area with frontage on 3rd and Lake Streets, below Orange and Palm Avenues. A straw vote motion was made by Dettloff, second by Richardson, to accept staff's recommended modification to Section 4.8.03 Maximum Density/Intensity., passing unanimously. THIS ITEM WAS CONTINUED TO A SPECIAL MEETING ON JUNE 8, 1993 PC Minutes - 5/18/93 -4- (7180d) B-2 SITE PLAN AMENDMENT NO. 93-1 (CONTINUED FROM THE MAY 4, 1993 PLANNING COMMISSION MEETING): APPLICANT: Bill Winn LOCATION: 300 Pacific Coast Highway (northeast corner of Pacific Coast Highway and Main Street) This item was first presented to the Planning Commission on April 6, 1993. The Commission continued the item to May 4, 1993, and directed that the applicant return with plans for a smaller scale water feature. The applicant requested a further continuance to May 18, 1993, in order to meet with the Design Review Board and complete the plans. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Site Plan Amendment No. 93-1 as re -submitted by the applicant, with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Dianne Easterling, 203 - 8th Street, stated her approval of the new proposed fountain. She also stated that the applicant had addressed her concern regarding a swap meet atmosphere and she would support this request with a couple of conditions, which she submitted to the Commission. Loretta Wolfe, representing Huntington Beach Tomorrow, spoke in support of the revised project. Tom Kruse, 518 - 10th Street, stated that the cost of the fountain that the Commission had previously suggested was too high in cost, but presented the alternative fountain to the Commission. 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 marble in the fountain as another danger to children, as it could be very slippery. The applicant stated that he wished only to use the best materials. He stated that the marble would not be in a position easily accessible to the children, but he would explore other materials if the Commission wished. The Commission also discussed the laws and enforcement regarding vandalism to the fountain. PC Minutes - 5/18/93 -5- (7180d) A MOTION WAS MAD BY BIDDLE, SECOND BY COOK TO APPROVE SITE PLAN AMENDMENT NO. 93-1 AS RE -SUBMITTED BY THE APPLICANT, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, FINDINGS FOR APPROVAL - SITE PLAN AMENDMENT NO. 93-1: 1. The revision to the plaza area does not constitute a substantial change in the use of the public open space or surrounding area and complies with the intent of Conditional Use Permit No. 88-7. 2. The revision to the plaza will increase the amount of public seating available, and provide a strong tie in to the "Surf City" theme. 3. The revision to the plaza area results in an improved development because the existing fountain has proven to be a hazard to public safety, and the proposed fountain will be smaller scale. 4. The revision complies with all applicable provisions of the Huntington Beach Ordinance code and Downtown Specific Plan. CONDITIONS OF APPROVAL - SITE PLAN AMENDMENT NO. 93-1: 1. The site plan and elevations received and dated May 5, 1993 shall be the conceptually approved layout. 2. Prior to construction, the Department of Community Development shall review the following: a. Elevations and final site plans to depict colors and building materials proposed. b. Final Plans for the "Pierside Pavilion" signage. c. A plan detailing the future placement of the "Surfers' Impressions". 3. Prior to installation of the art piece in the fountain, the Design Review Board shall review and approve the proposal. 4. All future outdoor commercial activities in the plaza shall be limited to "special events" only; shall be limited to the area behind the benches and fountain; and shall be subject to review and approval by the Zoning Administrator. PC Minutes - 5/18/93 -6- (7180d) 1-1 5. The fountain and plaza area shall be maintained in a neat and clean manner. 6. Construction shall not commence until after Labor Day weekend 1993. 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. This site plan amendment 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-3 DRAFT HOLLY-SEACLIFF AFFORDABLE HOUSING PLAN (CONTINUED FROM THE APRIL 20, 1993 PLANNING COMMISSION MEETING): APPLICANT: Seacliff Partners LOCATION: Holly-Seacliff area On April 20, 1993 the Planning Commission continued the Holly-Seacliff Affordable Housing Plan to allow the applicant and staff to meet and discuss revisions. The Agreement has been modified by deleting certain sections, as well as adding language for clarification. Staff is recommending two (2) additional modifications: 1. Page 6, #3 - Units constructed by others. Add language which states "...or other incentives of equal financial value." 2. Page 6, 7D, 1-3. Delete. A. Change shall to may. STAFF RECOMMENDATION: Staff recommends approval of the Holly-Seacliff Affordable Housing Plan to City Council as modified by the staff and applicant. Staff read into a record a letter from the applicant that stated they did not agree with staff's modifications. Discussion ensued regarding the suggested made by staff and the requested changes made by the applicant. THE PUBLIC HEARING WAS OPENED. Tom Zanic, 520 Broadway, Santa Monica, representing applicant, gave a presentation to the Commission and explained the various requested changes. PC Minutes - 5/18/93 -7- (7180d)- 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 RECOMMEND APPROVAL OF THE HOLLY-SEACLIFF AFFORDABLE HOUSING PLAN TO CITY COUNCIL AS MODIFIED BY THE STAFF, APPLICANT AND THE COMMISSION, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Inglee NOES: Dettloff, Gorman ABSENT: None ABSTAIN: None MOTION PASSED Holly-Seacliff Affordable Housing Plan dated May 12, 1993 was approved with the following modifications: 1. PaQe 6, #3 - Units constructed by others: No change to language. 2. Pages 6 & 7, D. #1-3: Delete all language. #4: Change to 41 and change "shall" to "may". 3. Page 7, E - Phasing. Add b) "Submit final tract map to the City within two (2) years from Tentative Tract Map approval."; Add c) "Commence construction of all such affordable units within three (3) months of recordation of the affordable units final tract maps."; and Add d) "Complete all affordable units within 18 months of commenced construction date." B-4 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED FROM THE MAY 4, 1993 PLANNING COMMISSION MEETING): - Applicant: Michael Niccole/Appellant: Gary Gorman, Planning Commissioner, City of Huntington Beach To permit the establishment of outdoor dining along a portion of the public sidewalk. LOCATION: 520 Main Street (Niccole's Ristorante) Use Permit No. 92-65 was continued from the May 4, 1993 Planning Commission meeting to allow staff the opportunity to meet with the applicant and residents to discuss the issues brought up at the hearing. Staff has attempted to schedule a meeting but has been PC Minutes - 5/18/93 -8- (7180d) unsuccessful up -to the date of preparation of this report. It is anticipated that a meeting will occur during the week of May 17-21, 1993. Therefore, staff recommends continuance for a two (2) week period. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Use Permit No. 92-65 to the June 1, 1993 Planning Commission meeting. THE PUBLIC HEARING WAS RE -OPENED. George Arnold, spoke in opposition to the request. Michael Niccole, applicant, stated he was willing to meet with the parties opposed and Commission members to work out a compromise. 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 CONTINUE USE PERMIT NO. 92-65 WITH THE PUBLIC HEARING CLOSED, TO THE JUNE 1, 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-5 CODE AMENDMENT NO. 93-2/NEGATIVE DECLARATION NO. 91-32: APPLICANT: City of Huntington Beach, Department of Community Development LOCATION: City-wide On September 16, 1991, the City Council formed the Affordable Housing Task Force. The Task Force was comprised of a cross section of the community which included City officials, the Board of Realtors, Chamber of Commerce and housing advocates. The Task Force was given the charge of exploring the various aspects of affordable housing and to recommend an affordable housing strategy to implement the City's adopted Housing Element. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-32 and Code Amendment No. 93-2 and recommend adoption by the City Council. PC Minutes - 5/18/93 -9- (7180d) A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE TO CONTINUE_ NEGATIVE DECLARATION NO. 91-32 AND CODE AMENDMENT NO. 93-2 TO A SPECIAL PLANNING COMMISSION MEETING ON JUNE 8, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED B-6 SPECIAL SIGN PERMIT NO. 93-2: APPLICANT: Carey Signs LOCATION: 19900 Beach Boulevard (Newland Center) Special Sign Permit No. 93-2 is a request to permit two (2) wall signs identifying two (2) separate businesses on one (1) building facade. The request is for a tenant located on the east side of the Landmark (Fidelity Federal) Building to place a wall sign on the west building facade facing Beach Boulevard. STAFF RECOMMENDATION: Staff recommends denial of the special sign permit because the tenant has ample opportunity to place a wall sign at his own suite, - there are vacant tenant panels on the freestanding center identification sign that provides Beach Boulevard exposure, and placement of a tenant sign on a wall other than the tenant space is confusing for patrons looking for the site. THE PUBLIC HEARING WAS OPENED. Doctor Rothenberg, 19900 Beach Blvd., owner of the business requested the special sign permit stated that he had the landowners approval and adjacent tenants had no objections. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued among the Commissioner's regarding various alternatives to the sign permit. L 1 PC Minutes - 5/18/93 -10- (7180d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY COOK, TO APPROVE SPECIAL SIGN PERMIT NO. 93-2 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-2: 1. Strict compliance with Article 976 will result in a substantial economic hardship to the applicant. 2. The proposed wall sign will not adversely affect other signs in the area. 3. The proposed wall sign will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4. The proposed sign at 19900 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 93-2: 1. The site plan and elevations dated March 9, 1993, shall be the conceptually approved layout with the following modifications: a. The color of the letter returns shall be revised from the proposed royal blue to grey, to be compatible with the Fidelity Federal signs. b. Signage shall be limited to 37.5 feet for the chiropractic office. Additional signage (multi -tenant sign) may be added for other tenants in the building not to exceed a combined total of 37.5 square feet (maximum total with chiropractic sign: 75 square feet). All future signs shall be subject to Design Review Board review and approval. 2. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. PC Minutes - 5/18/93 -11- (7180d) 3. Special Sign Permit No. 93-2 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 93-3 (1993/94 CAPITAL IMPROVEMENTS PROGRAM): APPLICANT: City of Huntington Beach The Government Code of the State of California, Section 65401, provides that a local planning agency review a list of the -proposed Public Works projects recommended for planning, initiation, or construction during the ensuing fiscal year as to conformity with the local General Plan. The City Department of Administrative Services has submitted a coordinated list of all capital projects recommended by City departments for FY 1993/94 in the form of a five (5) year Capital Improvement Program. The Department of Administrative Services requests that the Planning Commission make a finding of conformity of the projects contained in the Capital Improvement Program with the General Plan prior to submittal to the City Council. The projects listed in the Capital Improvement Program will constitute General Plan Conformance No. 93-3. Staff has attached a list of the funded and unfunded capital projects by department classification for the Planning Commission's review. Each project is summarized as to description, need, priority, funded/unfunded status, and cost. The proposed list of projects for the FY 1993/94 Capital Improvement Program represents an updated and continued implementation of the five (5) year Capital Improvement Program. A project may be carried forward due to lack of funding in 1992/93. If the project was funded in 1992/93 but not implemented, it has also been carried forward to 1993/94. It is recommended that the Commission review the project list for consideration of General Plan Conformance No. 93-3 on June 1, 1993. STAFF RECOMMENDATION: Staff recommends that the Planning review the attached list of funded and unfunded projects contained in the proposed City Capital Improvement Program and schedule it for consideration as to conformity with the General Plan on June 1, 1993. 1 PC Minutes - 5/18/93 -12- (7180d) A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO CONTINUE GENERAL PLAN CONFORMANCE NO. 93-3 (1993/94 CAPITAL IMPROVEMENTS PROGRAM) TO THE JUNE 1, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED MAY 4, 1993: A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 4, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 SITE PLAN AMENDMENT NO. 93-2 (CONTINUED FROM THE MAY 4 1993 PLANNING COMMISSION MEETING): 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. The applicant now proposes to install three (3) feet of decorative wrought iron in -lieu of the plexiglass. PC Minutes - 5/18/93 -13- (7180d) STAFF RECOMMENDATION: Staff recommends approval of the r project approval included a specia to encroach into the required fron setbacks. All private open space greater than 42 inches high and a required setback. In this case, s special permit to encroach into th material on top of the wall serves the building, and creates a sense Warner Avenue, and provides sound material will serve basically the will be architecturally compatible second floor balconies. equest because the condominium 1 permit to allow the patio walls t yard and exterior side yard patios require a wall enclosure 42 inch high wall must meet the taff recommended approval of the e setback because the clear to break up the visual mass of of privacy and separation from attenuation. The wrought iron same needs as the plexiglass and with the wrought iron on the A MOTION WAS MADE BY GORMAN, SECOND BY INGLEE, TO APPROVE SITE PLAN AMENDMENT NO. 93-2 AS STAFF RECOMMENDED WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SITE PLAN AMENDMENT NO. 93-2: 1. The revision to the patio walls does not constitute a substantial change in the private patios along Warner Avenue and Leslie Lane. The site plan amendment complies with the intent of the special permit granted for reduction of front yard and exterior side yard setbacks in Conditional Use Permit No. 90-63 which is to provide adequate useable private open space for each unit in the planned residential development. 2. The revision to the patio walls result in an improved development because the additional wall height is necessary to credit the patios towards the open space requirement, provides an anchor for vegetation growth and the taller wall creates a sense of privacy and separation between the residential units and Warner Avenue. 3. The revision results in a project that complies with the applicable provisions of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL - SITE PLAN AMENDMENT NO. 93-2: 1. The elevations received and dated May 13, 1993 shall be the conceptually approved layout with the following modifications: PC Minutes - 5/18/93 -14- (7180d) 1 a. The wrought iron shall be revised to incorporate an arched design to be architecturally compatible with the wrought iron on the second floor balconies subject to staff review and approval. 2. A set of revised plans pursuant to Condition of Approval No. 1 shall be submitted for inclusion in the entitlement file. 3. The applicant shall obtain a building permit within 30 days of final project approval and a finaled building permit within 90 days of final project approval. D-2 ONE (1) YEAR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 90-47 WITH SPECIAL PERMITS/CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35/TENTATIVE TRACT MAP NOS. 14007 AND 14009: APPLICANT: Seacliff Partners LOCATION: area bounded by Ellis Avenue to the north, Garfield Avenue to the south, Edwards Street to the west and Goldenwest Street to the east. The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 90-47 with Special Permits in conjunction with Conditional Exception (Variance) No. 90-35 and Tentative Tract Map Nos. 14007 and 14009, a master plan of development to subdivide three (3) non-contiguous parcels of land totalling 51 gross acres into a 141 lot subdivision for single family estate residential development with equestrian amenities. The master plan of development includes the designation of a ten (10) gross acre site for a school. The special permit (maximum 10% deviation) encroaches into the front and rear yard setbacks by two (2) to three (3) feet. The conditional exception (variance) exceeds the maximum two (2) foot cut and two (2) foot depth of fill for grading, a reduction of the minimum lot frontage (flag lots) requirements and a deviation greater than the 10% permitted for the minimum front yard setback. The applications were originally approved by the Planning Commission on July 23, 1991. STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve a one (1) year extension of time to July 23, 1994. PC Minutes - 5/18/93 -15- (7180d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME UNTIL SEPTEMBER 19, 1994 FOR CONDITIONAL USE PERMIT NO. 90-47 WITH SPECIAL PERMITS, CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35 AND TENTATIVE TRACT MAP NOS. 14007 AND 14009, WITH ALL PREVIOUSLY APPROVED FINDINGS AND CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, 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 Biddle - asked staff if Commissioner Gorman ever received a response to his inquiry regarding the lighting in the Main Street Park next to the Longboard Restaurant. Staff stated that Commissioner Gorman had received a response. Staff explained that the lighting will be incorporated in the design of the adjacent building under construction. Commissioner Gorman - reiterated his concern regarding the building under construction next to the Main Street Park and the possibility that the facade is encroaching into public open space. Staff stated they would investigate and report back. Commissioner Gorman also requested staff to report back with loitering laws. Commissioner Inglee - asked Steve May, Public Works, to arrange a meeting with himself and Public Works staff to discuss the Warner Avenue median landscaping. Mr. May stated he would do so. Commissioner Richardson - reminded the Commission that Wednesday, May 19, 1993 was the opening of the Ursino Car Wash, a meeting regarding Niccole's outdoor dining and a GPAC meeting. He also stated that a joint Study Session with City Council and Planning Commission had been tentatively set for July 18, 1993 to discuss the Community Development Department audit report. F. COMMUNITY DEVELOPMENT ITEMS None PC Minutes - 5/18/93 -16- (7180d) 'u G . ADJOURNMENT A MOTION WAS MADE AT 10:50 PM BY RICHARDSON, SECOND BY GORMAN TO ADJOURN TO A 6:30 PM AGENDA REVIEW, ON JUNE 1, 1993 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: Mike Adams, Secretary Biddle, Richardson, Dettloff, Gorman, Pla ning Commission Chairperson 1 PC Minutes - 5/18/93 -17- (7180d)