HomeMy WebLinkAbout1993-07-20r_�
1
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, JULY 20, 1993
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:30 PM
DIVISION 9 REWRITE
AGENDA REVIEW
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
A (excused) P A (excused)
ROLL CALL: Cook, Bourguignon, Biddle,
P P P
Dettloff, Gorman, Inglee
P
Richardson,
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. 91-10 - DRAFT ZONING AND SUBDIVISION
ORDINANCE REWRITE (CONTINUED WITH PUBLIC HEARING OPEN FROM THE
JULY 7 1993 PLANNING COMMISSION MEETING):
w APPLICANT: City..of Huntington Beach, Department of Community
--------- - --- = Development
LOCATION: City-wide
This is the second public hearing in a series of public hearings on
the draft Zoning and Subdivision Ordinance. Titles 25, Subdivision,
and 22, Overlay Districts, will be the subject of this portion of
the draft Zoning and Subdivision Ordinance.
Titles 20, General Provisions, and 24, Administration, and
Environmental Assessment No. 91-32 were approved July 7, 1993.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve Titles 25 and 22 of
the draft Zoning and Subdivision Ordinance, recommend their adoption
to the City Council, and continue Code Amendment No. 91-10 with the
public hearing open to August 3, 1993.
A discussion ensued among the Commissioners and staff regarding the
floodzone provision requiring property owners to bring single family
homes in to conformance. Staff explained this was a FEMA
requirement which the City must meet in order to get flood Insurance
for Huntington Beach.
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 RICHARDSON, TO APPROVE
TITLE 22 OF THE DRAFT -ZONING AND SUBDIVISION ORDINANCE, AND
RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: - Cook, Biddle
ABSTAIN: None
MOTION PASSED
1
PC Minutes 7/20/93 -2- (7368d)
1
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO CONTINUE
TITLE 25 OF THE DRAFT ZONING AND SUBDIVISION ORDINANCE TO THE
AUGUST 3, 1993 PLANNING COMMISSION MEETING, TO ALLOW COMMISSIONER
BOURGUIGNON TO MEET WITH STAFF FOR FURTHER CLARIFICATION, BY THE
FOLLOWING VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle
ABSTAIN: None
MOTION PASSED
B-2 CONDITIONAL USE PERMIT NO. 93-20:
APPLICANT: Richard Rappa, Munchies Pizza
LOCATION: 16486 Bolsa Chica
Munchies Pizza is an existing restaurant which occupies a 1,300
square foot suite in the strip shopping center at the northeast
corner of Heil Avenue and Bolsa Chica Street. The request is to
permit the on -site sale of beer and wine to compliment their
existing food and beverage menu. The proposed on -site sale of beer
and wine at an existing restaurant use will be compatible with the
existing and surrounding commercial uses in the shopping center.
STAFF RECOMMENDATION:
Planning staff recommends approval of Conditional Use Permit
No. 93-20 with findings and suggested conditions of approval.
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 GORMAN, SECOND BY BOURGUIGNON, TO APPROVE
CONDITIONAL USE PERMIT NO. 93-20, WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle
ABSTAIN: None
MOTION PASSED
PC Minutes 7/20/93 -3-
(7368d)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-20:
1.
The proposed sale of beer and wine at Munchies Pizza is in
conformance with the City of Huntington Beach General Land Use
designation of General Commercial which permits the sale of
alcoholic beverages in conjunction with a standard commercial
_use_ .(restaurant) ..,
2.
The location, site layout, and design of the proposed use adapts
the existing structures to streets, driveways, and other
adjacent structures and uses in a harmonious manner. The
project is located in a primarily commercial area and the
proposed use will not adversely impact other surrounding
properties.
3.
The combination and relationship of one proposed use to another
on the site are properly integrated. The other businesses in
the same building and in the vicinity are general retail
commercial and restaurant uses which are compatible with the
proposed use.
4.
The access to and parking for the restaurant with the sale of
beer and wine does not create an undue traffic problem. No
additional parking is required with the addition of alcohol
sales to compliment the existing menu and use.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-20:
1.
The site plan and floor plans, received and dated June 11, 1993
shall be the conceptually approved layout.
2.
The use shall conform to the following:
a. The hours of operation shall be limited to the following
hours:
Sunday - Thursday 4:00 PM - 10:00 PM
Friday - Saturday 12:00 PM - 11:00 PM
b. The maximum number of seats shall be 12 unless permitted
through subsequent entitlement.
3. Prior to the sale of alcoholic beverages, a copy of the
Alcoholic Beverage Control (ABC) Board license, along with any
special conditions imposed by ABC, shall be submitted to the
Department of Community Development. Any conditions that are
more restrictive than those set forth in this approval shall be
adhered to.
4. The Planning Commission reserves the right to revoke Conditional
Use Permit No. 93-20 if any violation of these conditions or the
Huntington Beach Ordinance Code occurs.
PC Minutes 7/20/93 -4- (7368d)
5. Conditional Use Permit No. 93-20 shall not become effective for
any purpose until an "Acceptance of Conditions" form has been
signed and notarized by the applicant, and returned to the
Planning Division.
6. Conditional Use Permit No. 93-20 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 CONDITIONAL USE PERMIT NO. 93-18:
APPLICANT: Carol L. Moson, RREEF Management Company
LOCATION: 7887 Center Avenue
Conditional Use Permit No. 93-18 is a request to establish a
restaurant, Gecko's Cafe, with live entertainment, dancing, and
alcoholic beverage sales at 7887 Center Avenue. The site is
located within One Pacific Plaza, between Center Avenue and the San
Diego Freeway.
STAFF RECOMMENDATION:
Staff recommends approval of the request because there are
substantial buffers from residential uses, the site has previously
been utilized as a restaurant with live entertainment and alcohol
sales and no complaints were received, and no adverse impacts to
adjacent properties are anticipated.
THE PUBLIC HEARING WAS OPENED.
Alan Merow, 7887 Center Avenue, representing applicant, stated he
was available to answer any questions the Commission may have.
Frank Romagnano, 7887 Center Avenue, property owner, stated he was
available to answer any questions the Commission may have.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED. -
The Commission requested a condition of approval be added requiring
the applicant to submit a copy of the Alcohol Beverage Control (ABC)
Board license along with any special conditions imposed by ABC, to
be submitted to the Community Development Department prior to the
sale of alcohol beverages. The Commission also requested that
clothing fashion shows be eliminated from special events.
PC Minutes 7/20/93 -5- (7368d)
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY GORMAN, TO APPROVE
CONDITIONAL USE PERMIT NO. 93-18 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Bourguignon,Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle -
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-18:
1. The proposed restaurant with live entertainment, dancing and
alcoholic beverage sales at Gecko's Cafe is in conformance with
the City of Huntington Beach General Land Use designation of
General Commercial which permits live entertainment in
conjunction with a standard commercial use.
2. The location site layout, and design of the proposed restaurant
with live entertainment, dancing and alcoholic beverage sales
properly adapts the proposed structures to streets, driveways,
and other adjacent structures and uses in a harmonious manner.
The project is located in a primarily commercial area and the
proposed restaurant with live entertainment, dancing and
alcoholic beverage sales will not adversely impact other
surrounding properties.
3. The combination and relationship of one proposal to another on a
site are properly integrated. The other businesses in the
center and in the vicinity are general retail commercial and
restaurant uses which are compatible with the proposed
restaurant with live entertainment, dancing and alcoholic
beverage sales at Gecko's Cafe.
4. The access to an parking for the proposed restaurant with live
entertainment and alcoholic beverage sales does not create an
undue traffic problem. The site can already provide adequate
parking and no additional parking is required in association
with the restaurant with live entertainment, dancing and
alcoholic beverage sales.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-18:
1. The site plan, floor plans, and elevations received and dated
June 1, 1993 shall be the conceptually approved layout.
2. Prior to commencing live entertainment activities, the following
shall be completed:
a. The applicant shall obtain approval of an entertainment
permit from the Police Department.
PC Minutes 7/20/93 -6- (7368d)
1
3. The use shall conform to the following:
a. The type of specific live entertainment shall be limited to
the exact uses as detailed in Attachment No. 4 and described
in this report, with the exception of clothing fashion shows,
which shall not be permitted. No other live entertainment
uses shall be permitted without prior approval of the
Planning Commission.
b. All exterior doors and windows, particularly the bar/patio
doors, shall remain closed during all hours of live
entertainment.
c. The hours of operation for live entertainment shall be
limited to between the following hours:
Monday - Sunday 4:00 PM - 1:30 AM
4. Should the need for Police Department services increase beyond a
level acceptable to the Police Department and Community
Development Department then the applicant shall be responsible
for providing up to two (2) security guards -to monitor indoor
and outdoor activities as a result of the restaurant, alcohol,
and live entertainment use.
5. The Fire Department Conditions require the following fire
protection equipment to be in full operation prior to
Certification of Occupancy:
a. Automatic sprinkler, fire alarm and kitchen hood
extinguishing systems.
b. Fire extinguishers in place with date of last service within
one (1) year.
c. Exit signs and emergency lighting operational.
d. Doors with panic hardware operating pursuant to Uniform
Building Code Standards.
e. Building address numbers installed per Fire Department Spec.
#428 with minimum six (6) inch high numbers with one and a
half (1-1/2) inch brushstroke posted in a conspicuous
location near the front of the building.
6. The Planning Commission reserves the right to revoke Conditional
Use Permit No. 93-18 if any violation of the conditions or the
Huntington Beach Ordinance Code occurs.
7. Conditional Use Permit No. 93-18 shall not become effective for
any purpose until an "Acceptance of Conditions" form has been
signed and notarized by the applicant, and returned to the
Planning Division; and until the ten (10) day appeal period has
elapsed.
PC Minutes 7/20/93 -7- (7368d)
8. Conditional Use Permit No. 93-18 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.
9. Prior to the sale of alcoholic beverages, a copy of the
Alcoholic Beverage Control (ABC) Board license, along with any
special conditions imposed by ABC, shall be submitted to the
Department of Community Development. Any conditions that are
more restrictive than those set forth in this approval shall be
adhered to.
CODE REOUIREMENTS:
1. Conditional Use Permit No. 93-18 for live entertainment is
non -transferable.
B-4 CONDITIONAL USE PERMIT NO. 93-13:
APPLICANT: James Ross Maddux Construction
LOCATION: 19621 Lexington Lane (west side, approximately 450
feet north of Lurline Drive)
Conditional Use Permit No. 93-13 is a request to add a 650 square
foot second unit (granny unit) on the second story of an existing
one (1) story, single family residence pursuant to Section 9110.1 of
the Huntington Beach Ordinance Code.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional
Use Permit No. 93-13 with the findings and suggested conditions of
approval.
The Commission asked staff to elaborate on State adopted mandate for
Granny Units. Staff explained that the state requires cities to
allow for second units to single family residences; however, Zoning
Codes and Development Standards may be established by the City,
which Huntington Beach has done. The applicant conforms to those
requirements.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes 7/20/93 -8- (7368d)
A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO APPROVE
CONDITIONAL USE PERMIT NO. 93-13 WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-13:
1. The location, site layout, and design of the proposed 650 square
foot second unit to an existing single story residence properly
adapts the addition to the existing structure in an
architecturally compatible and harmonious manner.
2. The proposed project complies with all applicable provisions of
the Huntington Beach Ordinance Code.
3. The proposed second unit addition to an existing residence will
not be detrimental to property or improvements in the vicinity
because it is architecturally compatible with the existing home
and neighborhood and complies with the Huntington Beach Ordinance
Code.
4. There will be adequate parking for the second unit as required by
the Huntington Beach Ordinance Code.
5. There are no exterior doors or stairways visible which would
suggest the existence of a second unit.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-13:
1. The site plan, floor plans, and elevations dated June 12, 1993
shall be the conceptually approved layout.
2. Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Floor plans shall depict natural gas stubbed in at the
location of clothes dryers; natural gas shall be stubbed in
at the locations of cooking facilities, -water heaters, and
central heating units; and low -volume heads shall be used on
all spigots and water faucets.
b. Elevations shall depict colors and building materials
proposed.
c. The site plan
conditions of
verbatim.
(or reference page) shall include all
approval imposed on the project printed
PC Minutes 7/20/93
Mtn
(7368d)
2. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
3. 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.
4:- Construction shall be limited to 7:00 a.m. to 7:00 p.m. Monday
through Saturday, and prohibited on Sundays and Federal holidays.
5. The Planning Commission reserves the right to revoke Conditional
Use Permit No. 93-13 if any violation of these conditions or the
Huntington Beach Ordinance occurs.
6. Conditional Use Permit No. 93-13 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.
The following are code requirements and are provided for information.
Pursuant to Article 911 of the Huntington Beach Ordinance Code:
a. The second unit shall not be sold separately from the main
dwelling.
b. Recreational vehicle storage shall not be permitted in any
required parking space.
c. The park and recreation fee shall be assessed at twenty-five
(25) percent of the fee for a single family residence.
d. No separate utility meters shall be permitted for the second
unit.
e. The following safety and conservation measures for the new
unit shall be implemented:
1. Insulation of accessible attic areas to R-19.
2. Weatherstripping of doors and windows.
3. Installation of low flow shower heads and faucets
certified by the California Energy Commission.
4. Installation of approved smoke detectors.
B-5 PLANNED SIGN PROGRAM NO. 93-1/SPECIAL SIGN PERMIT NO. 93-24:
APPLICANT: Kevin McConnell
LOCATION:
101 Main Street (northwest corner of Pacific Coast
Highway and Main Street)
1
PC Minutes 7/20/93 -10- (7368d)
Planned Sign Program No. 93-1 is a request for a planned sign program
for Oceanview Promenade, a new mixed use commercial building at the
corner of Pacific Coast Highway and Main Street. Special Sign Permit
No. 93-24 is a request to allow signs for the center identification
("Oceanview Promenade") and the two (2) major tenants, Jack's
Surfboards and Burger King, to exceed the maximum 18 inch letter
height specified in the Downtown Design Guidelines. The special sign
permit would also allow 83 square feet of signage on Main Street for
Jack's Surfboards in lieu of 77 square feet.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Planned Sign
Program No. 93-1 and Special Sign Permit No. 93-24 with findings and
suggested conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Mike Abdelmuti, property owner, explained the reasoning for requesting
a 24 inch sign. He stated that he would be occupying four (4) stores
in the building and should have a bigger sign.
Kevin McConnell, applicant, stated that he had worked with staff to
come up with an appropriate sign program.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commissioners questioned whether this sign would set a precedent
for the other businesses downtown. They also questioned staff as to
why they were recommending approval for this sign variance. Staff
stated that they judge each request individually and felt the variance
would be appropriate for this building.
A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE
PLANNED SIGN PROGRAM NO. 93-1 AND SPECIAL SIGN PERMIT NO. 93-24 WITH
FINDINGS AND MODIFIED CONDITIONS AS RECOMMENDED BY THE DESIGN REVIEW
BOARD, BY THE FOLLOWING VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman
NOES: Inglee
ABSENT: Cook, Biddle
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO 93-1:
1. The proposed signs reflect a common design element in terms of
color, materials, letter style and type.
2. The proposed signs are compatible with the architecture of the
building.
PC Minutes 7/20/93 -11- (7368d)
3. The proposed signs are consistent with surrounding developments
in terms of design, materials and colors.
FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-24:
1. The proposed signs up to 24 inches in height and 83 square feet
in area__will not adversely affect other signs in the area
because they are similar in size, design and location, and are
properly scaled to the building.
2. The proposed wall signs will not obstruct pedestrian or
vehicular traffic vision.
CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO. 93-1/ SPECIAL SIGN
PERMIT NO. 93-24:
1. The site plan, floor plans, and elevations received and dated
July 1, 1993 shall be the conceptually approved layout with the
following modification:
a. Revise elevations to reflect maximum 19 inch letters for all
tenant signs, including Jack's Surfboards.
2. The written sign criteria dated July 1, 1993, shall be the
approved sign program, with the following modification:
a. Section 3.e. shall be modified to read as follows:
"No tenant signage shall be permitted above the first floor
or on the rear of the building, except one (1), six (6)
square foot tenant directory located next to the elevation.
The "Oceanview Promenade" sign shall be permitted on the
clock tower as noted on the plans dated July 1, 1993."
b. The following items shall be added:
4.a.(7) Returns shall match building color.
4.a.(8) Trim caps shall be compatible with sign
and building color.
c. Section 4.b.(3) shall be modified to read as follows:
"Maximum upper case letter height shall be 24 inches for
'Oceanview Promenade' and 19 inches for all other signs."
d. Delete reference to Jack's Surfboard's in Section 4.b.(4).
3. The signs shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
4. 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 7/20/93 -12- (7368d)
1
B-6 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL
EXCEPTION (VARIANCE) NO. 93-13:
APPLICANT/
APPELLANT: Doug Burroughs
LOCATION: 19322 Baywater
Conditional Exception (Variance) No. 93-13, a request to retain an
existing 102 square foot, 15 foot high, two -level playhouse/tool shed
constructed along the side property line, was denied by the Zoning
Administrator on May 21, 1993. Sections 9110.7, 9110.11 and 9730.2
specify that accessory structures over six (6) feet in height and over
64 square feet in area, maintain a minimum five (5) foot setback from
the side property line and ten (10) feet from the main dwelling.
The Zoning Administrator's action was subsequently appealed by the
applicant/property owner because of claims that he is unable to use
his property to the fullest extent. He feels the structure is not a
detriment to the surrounding properties, and that the quality and
workmanship of the structure increases the value of the area.
STAFF RECOMMENDATION:
Staff does not support the applicant's request as there is no land
related hardship. The lot is a standard 60 x 100 foot lot and is
relatively flat. The structure was constructed without permits by the
previous owner and was sold to Mr. Burroughs who is now requesting a
variance. In addition, the two -level playhouse adversely impacts the
adjoining residential property. Staff recommends that the Planning
Commission deny the appeal and uphold the Zoning Administrator's
action by denying Conditional Exception No. 93-13 with findings.
THE PUBLIC HEARING WAS OPENED.
Doug Burroughs, 19322 Baywater Lane, applicant, gave a brief history
of the site. He submitted a letter of support for the request to the
Commission from an adjacent property owner.
A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON,
ZONING ADMINISTRATOR'S ACTION AND DENY CONDITIONAL
(VARIANCE) NO. 93-13 WITH FINDINGS FOR DENIAL, BY
AYES:
Richardson,
NOES:
None
ABSENT:
Cook, Biddle
ABSTAIN:
Bourguignon
MOTION PASSED
Dettloff, Gorman, Inglee
TO SUSTAIN THE
EXCEPTION
THE FOLLOWING VOTE:
PC Minutes 7/20/93
-13-
(7368d)
FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-13:
1. The granting of Conditional Exception No. 93-13 to allow a
playhouse/tool shed on the side property line will constitute a
grant of privilege inconsistent upon other properties in the
vicinity and under identical zone classifications. The
playhouse would be permitted to be located a minimum five (5)
feet from side and rear property lines and ten (10) feet from
the main structure, and therefore, the granting of this request
would constitute a special privilege upon this property that
would be inconsistent with the surrounding properties.
2. Because there are no special circumstances applicable to the
subject property including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is
not found to deprive the subject property of privileges enjoyed
by other properties in the vicinity and under identical zone
classification. The subject property was developed in
compliance with the development standards at that time and no
special circumstances exist regarding the topography or
surroundings that would deprive the subject property of
privileges by other properties in the surrounding area.
3. The granting of Conditional Exception No. 93-13 is not necessary
to preserve the enjoyment of one or more substantial property
rights. The subject property and surrounding developed
properties were developed under the same standards and therefore
the denial of the request would not deprive the subject property
of one or more property rights.
4. The granting of Conditional Exception No. 93-13 will be
materially detrimental to the public welfare or injurious to
property in the same zone classification. The playhouse located
on the side property line may set a precedent for such a request
and may impact properties under the same zone classification.
(NOTE: See Page 18 for subsequent action.)
C. CONSENT CALENDAR
C-1 GENERAL PLAN CONFORMANCE NO. 93-5:
APPLICANT: City of Huntington Beach, Redevelopment Agency
LOCATION: Civic Center parking lot, Downtown Police
Substation and public walkthrough on 5th Street.
General Plan Conformance No. 93-5 is a request to determine if the
transfer of title for five (5) parcels from the Redevelopment Agency
to the City of Huntington Beach is in conformance with the General
Plan. Three (3) of the parcels are located in the downtown area
and two (2) of the parcels are located in the civic center parking
lot. The transfer of title will allow the various parcels to be
consolidated with one landowner.
PC Minutes 7/20/93 -14- (7368d)
1
STAFF RECOMMENDATION:
Planning staff recommends approval of the request. This
recommendation is based on the fact that the request is consistent
with the Land Use, Circulation, Community Facilities and Recreation
Elements of the General Plan and does not affect the existing use or
the General Plan in any way. The transfer will allow the City to
continue to operate public facilities which provide for the public
health, safety and welfare, provide open space in the Downtown and
provide adequately located parking facilities at the Civic Center.
A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO APPROVE
GENERAL PLAN CONFORMANCE NO. 93-5 WITH FINDINGS BY ADOPTING
RESOLUTION NO. 1481, BY THE FOLLOWING VOTE:
AYES:
Bourguignon,
NOES:
None
ABSENT:
Cook, Biddle,
ABSTAIN:
None
MOTION PASSED
Richardson, Dettloff, Gorman
Inglee
FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO 93-5:
1. The proposed project is in conformance with the General Plan,
specifically the following policies:
Police Substation
A. Land Use: "Maximize the preservation of historic, scenic,
geological, topographical and archaeological sites." General
Plan Conformance No. 93-5 will allow the City to continue to
operate the police substation in a historically significant
building.
B. Community Facilities: "Ensure a full range of community
facilities that provide for the general public's health,
safety and welfare." General Plan Conformance No. 93-5 will
allow the City to continue to operate the police substation
in a location which ensures quick response and adequate
safety.
Public Walk-Throuah
A. Recreation: "Provide comprehensive, coordinated recreation,
parks and open space that fulfill the needs of all segments
of the community." General Plan Conformance No. 93-5 will
allow the City to continue to provide urban open space in the
Downtown Core.
PC Minutes 7/20/93
-15-
(7368d)
C-2
B. Circulation: "Provide non -motorized transportation
facilities, especially bike, pedestrian, equestrian and
jogging trails." General Plan Conformance No. 93-5 will
allow for the City to continue to provide urban open space in
the Downtown Core.
Civic Center Parking Lot
A. Community Facilities: "Promote the provision of adequate
community facilities." General Plan Conformance No. 93-5
will allow the City to continue to provide adequate parking
and landscaping for the civic center.
B. Land Use: "Encourage the proper location and planning of City
facilities." General Plan Conformance No. 93-5 will allow
the City to continue to provide parking adjacent to the civic
center.
GENERAL PLAN CONFORMANCE NO. 93-6:
APPLICANT: City of Huntington Beach, Redevelopment Agency
LOCATION: Southeast corner of Talbert Avenue and Jolly Lane.
The project is located on Joyful
Housing Project. The request is
Lane within the
to determine if
Emerald Cove
the transfer
Senior
of
three (3) parcels from the City
to the Redevelopment
Agency is
in
conformance with the General Plan.
The purpose
of the request
is to
allow title for all Emerald Cove
projects to be
held with one
legal
entity.
STAFF RECOMMENDATION:
Planning staff recommends approval of the project. The
recommendation is based upon the fact that the project is consistent
with various land use and housing policies of the General Plan and
will not effect the existing use or General Plan in any way. The
transfer will allow for the continuation of the use as affordable
senior housing.
A MOTION WAS MADE BY GORMAN, SECOND BY DETTLOFF, TO APPROVE GENERAL
PLAN CONFORMANCE NO. 93-6 WITH FINDINGS BY ADOPTING RESOLUTION
NO. 1482, BY THE FOLLOWING -VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle
ABSTAIN: None
MOTION PASSED
PC Minutes 7/20/93 -16- (7368d)
FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO, 93-6:
1. The proposed project is in conformance with the General Plan,
specifically the following policies:
A. Housing: "Ensure the adequate provision of Housing for all
economic segments of the Community." General Plan
Conformance No. 93-6 will allow the City to continue to
provide affordable senior residential units.
B. Housing: "Assure the adequate provision of sites for
housing. General Plan Conformance No. 93-6 will continue to
allow senior housing in a location compatible with
surrounding densities; adequately served by public
facilities, services and utilities; in the proximity of
commercial areas and transportation routes.
C. Land Use: "Encourage and maintain a well balanced variety of
residential densities and uncrowded living environment."
General Plan Conformance No. 93-6 allows the area to continue
to be utilized in accordance with surrounding uses and
accessible to diverse economic groups.
C-3 PLANNING COMMISSION MINUTES DATED MAY 18, 1993
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY DETTLOFF, TO APPROVE
PLANNING COMMISSION MINUTES DATED MAY 18, 1993, BY THE FOLLOWING
VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle
ABSTAIN: None
MOTION PASSED
C-4 PLANNING COMMISSION MINUTES DATED JUNE 1, 1993
A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN TO APPROVE PLANNING
COMMISSION MINUTES DATED JUNE 1, 1993 AS AMENDED, BY THE FOLLOWING
VOTE:
AYES:
Bourguignon,
NOES:
None
ABSENT:
Cook, Biddle
ABSTAIN:
None
MOTION PASSED
Richardson, Dettloff, Gorman, Inglee
PC Minutes 7/20/93 -17- (7368d)
Commissioner Richardson requested a vote of reconsideration for item
B-6, Conditional Exception (Variance) No. 93-13, which they had
denied.
A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO
RECONSIDER PLANNING COMMISSION ACTION TAKEN ON ITEM B-6 CONDITIONAL
EXCEPTION (VARIANCE) NO. 93-13, BY THE FOLLOWING VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON TO CONTINUE
THE APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION
(VARIANCE) NO. 93-13 TO THE AUGUST 17, 1993 PLANNING COMMISSION
MEETING, IN ORDER FOR THE APPLICANT TO WORK WITH STAFF AND DEVELOP
ALTERNATIVE OPTIONS TO ALLOW THE BUILDING TO REMAIN, BY THE
FOLLOWING VOTE:
AYES: Bourguignon, Richardson, Dettloff, Gorman, Inglee
NOES: None
ABSENT: Cook, Biddle ■
ABSTAIN: None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS/INQUIRIES
None
F. COMMUNITY DEVELOPMENT ITEMS
Mike Adams, Director Community Development, restated actions
taken at the July 19,- 1993-City Council meeting.
r�
PC Minutes 7/20/93 -18- (7368d)
1
G . ADJOURNMENT
A MOTION WAS MADE AT 8:30 PM BY RICHARDSON, SECOND BY DETTLOFF, TO
ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE
REPORT), ON AUGUST 3, 1993 AND THEN TO THE REGULARLY SCHEDULED
MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE:
AYES:
Bourguignon,
NOES:
None
ABSENT:
Cook, Biddle
ABSTAIN:
None
MOTION PASSED
/kj 1
Richardson, Dettloff, Gorman, Inglee
APPROVED BY:
--- Im I L 1 01 �P' r -
Mike Adams, Secretary
t
P1 nning Commission Chairperson
PC Minutes 7/20/93
-19-
(7368d)