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HomeMy WebLinkAbout1993-08-17MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 17, 1993 Council Chambers --_- Civic .Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM DIVISION 9 REWRITE REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, Dettloff, P P Gorman, Inglee Resolution No. 1486 expressing appreciation to Hal Simmons, Senior Planner, for his services as an employee of the Community Development Department was read and adopted unanimously by the Planning Commission. 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. Lori Williamson, informed the Planning Commission of an upcoming Muscular Dystrophy fund raiser. William Holman, representing applicant on Item C-1 spoke in support of the request. Sally Graham, spoke in opposition to Item B-6. She stated that a previous engagement prohibited her from staying for the public hearing, but she wanted to voice her opposition. B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 91-10/TITLE 21 (Continued) - DRAFT ZONING AND SUBDIVISION ORDINANCE REWRITE (CONTINUED WITH PUBLIC HEARING OPEN FROM THE AUGUST 3, 1993 PLANNING COMMISSION MEETING)• APPLICANT: City of Huntington Beach, Department of Community Development LOCATION: City-wide This the fourth public hearing in a series of public hearings on the draft Zoning and Subdivision Ordinance. Chapters 210, Residential and 211, Commercial of Title 21, Base 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; Title 22, Overlay Districts, was approved July 30, 1993; and Title 25, Subdivisions, and Chapters 212, 213, 214 and 215 of Title 21, Base Districts, were approved August 3, 1993. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Chapters 210 and 211 of Title 21 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 the September 8, 1993 Planning Commission meeting. A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO CONTINUE CODE AMENDMENT NO. 91-10, CHAPTERS 210 AND 211 OF TITLE 21 OF THE DRAFT ZONING AND SUBDIVISION ORDINANCE, TO THE SEPTEMBER 8, 1993 PLANNING COMMISSION MEETING, TO ALLOW COMMISSION BOURGUIGNON TO MEET WITH STAFF AND CLARIFY RECOMMENDED MODIFICATIONS, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: Bourguignon MOTION PASSED B-2 APPEAL OF THE ZONING ADMINISTRA_TOR'S APPROVAL OF USE PERMIT NO. 93-31 (CONTINUED WITH PUBLIC HEARING OPENED FROM THE JULY 7, 1993 PLANNING COMMISSION MEETING): APPLICANT: Emil G. Varona APPELLANT: Debbie Cook, Planning Commissioner, City of H.B. LOCATION: 300 Pacific Coast Highway, Suite 101A (Pierside Pavilion) PC Minutes - 8/17/93 -2- (7390d) E At the request of the applicant, Use Permit No. 93-31, an appeal of the Zoning Administrator's conditional approval to establish a newsstand (Taxi News) at the Pierside Pavilion, was continued from the July 7, 1993 Planning Commission meeting. The applicant requested continuance to the September 21, 1993 meeting, however, since the applicant is operating in violation of the Zoning Code, the Planning Commission continued the item to the August 17, 1993 meeting. The appeal, filed by Planning Commissioner Debbie Cook, was based on reasons that the newsstand use should be further discussed at the Planning Commission level. The action by the Zoning Administrator required modification of the applicant's proposal, permitting only one outside newsstand. The approved newsstand was required to be recessed into the side of the north wall, adjacent to the stairway. Commissioner Cook believes the existing newsstand is an acceptable use for downtown; -however, she feels the newsstand should be designed to be compatible with the adjacent businesses and uses. The applicant is again requesting a continuance to the September 21, 1993 meeting due to the inconvenience of preparing for the August meeting. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the appeal and approve Use Permit No. 93-31 as modified by staff with findings and suggested conditions of approval. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO CONTINUE THE APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 93-31, AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Richardson, Dettloff, Inglee NOES: Biddle, Gorman ABSENT: None ABSTAIN: None MOTION PASSED B-3 USE PERMIT NO. 93-19 WITH SPECIAL PERMIT (REFERRED BY THE ZONING ADMINISTRATOR): APPLICANT: Bill Kaufmann, Andover Companies LOCATION: 17100 Goldenwest Street (southeast corner at Warner Avenue, Wintersburg School Site) PC Minutes - 8/17/93 -3- (7390d) Use Permit No. 93-19 is a request to permit the construction of a 253 unit apartment complex at the closed Wintersburg School site located approximately 300 feet southeast of Goldenwest Street and Warner Avenue. The request includes a special permit for compact parking spaces throughout the complex. On May 15, 1992, Andover Companies (applicant) received City Council approval of a general plan amendment and zone change to medium -high density residential for future development of multiple family units on the 11.93 gross acre site. The approval included certification of Environmental Impact Report No. 90-3, which addressed all environmental impacts from the proposed project. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Use Permit No. 93-19 with a special permit with findings and suggested conditions of approval. Commissioner Dettloff stated that she would be abstaining from the public hearing due to conflict of interest. THE PUBLIC HEARING WAS OPENED. Bill Kaufmann, applicant, discussed the conditions of approval with the Commission and staff. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the landscape area, carports and trees around the entire perimeter. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO APPROVE USE PERMIT NO. 93-19 WITH SPECIAL PERMIT (REFERRED BY THE ZONING ADMINISTRATOR) WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: Dettloff MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT NO. 93-19: 1. The development of the 253 unit apartment project will not be detrimental to: PC Minutes - 8/17/93 -4- (7390d) 1 a. The general welfare of persons residing or working in the vicinity. The proposed project will provide the required number of parking spaces on site, and will reduce any potential noise impacts to the adjacent single family residences by providing partially enclosed carports. b. Property and improvements in the vicinity of such use or building. With the conditions imposed, the apartment project will not impact existing public facilities and improvements. Furthermore, the access to and parking for the proposed use does not create an undue traffic problem. Also, the project is designed to be compatible with surrounding land uses. 2. The location, site layout, and design of the proposed 253 unit apartment project properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed project will provide a minimum 15 foot front setback (20 foot average) from Goldenwest Street. Accessways align with streets on other side of Goldenwest Street. 3. The granting of Use Permit No. 93-19 with a special permit for compact parking will not adversely affect the General Plan of the City of Huntington Beach. The proposed 253 unit apartment project is consistent with the Medium -High Density Residential Land Use designation of the General Plan. The project is also consistent with the goals and policies of the Housing Element by providing affordable housing for moderate income families. FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1. The special permit for 18% (76) compact parking spaces will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. The requested special permit will provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 2. The special permit for 18% (76) compact parking spaces will result in a more effective and efficient circulation pattern and parking layout. The special permit will further enhance the general appearance of the proposed development and its surroundings. 3. The special permit for 18% (76) compact parking spaces will not be detrimental to the general public health, safety or convenience nor detrimental or injurious to the value_ of property or improvements of the vicinity. CONDITIONS OF APPROVAL - USE PERMIT NO 93-19: 1. The site plan, floor plans, and elevations received and dated August 3, 1993 shall be the conceptually approved layout with the following modification: a. A minimum 8' high solid decorative wall shall be depicted along the north, south and east boundaries of the project. PC Minutes - 8/17/93 5.15 (7390d) 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be 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. d. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). f. Elevations shall depict colors and building materials proposed. g. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. h. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. i. Site plans shall depict all existing and proposed lighting onto the recreation fields and shall be directed away from residences. PC Minutes - 8/17/93 -6- (7390d) j. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. k. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 1. Identify on all plans submitted for plan check, compliance with mitigation measures addressed on Page 3.7-1 of Environmental Impact Report No. 90-3 involving window blinds, louvers or shutters on all windows facing athletic fields. m. Identify on all plans submitted for plan check, compliance with mitigation measures addressed on pages 3.14-2 and 3.16-2 of Environmental Impact Report No. 90-3. n. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. 1. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. 2. Street trees shall be planted along Goldenwest Street at the rate of one (1) 24-inch box tree for every 45 lineal feet of frontage prior to occupancy of the first unit. PC Minutes - 8/17/93 -7- (7390d) 3. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. 4. Drought tolerant plant species shall be incorporated in a water conserving landscape design. 5. This project shall meet the "Water Efficient Landscape Requirements" as well as, "Aboricultural and Landscape Standards and Specifications." c. A precise grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Prior to issuance of first permit, the applicant shall pay fees for the mitigation monitoring program as set forth by City Council Resolution No. 6413. e. Hydrology and hydraulic studies shall be submitted for Public Works approval and shall address impacts of increase site coverage. Any deficient drainage which would be aggravated by increased runoff from this project shall be accommodated by construction of appropriate drainage facilities prior to occupancy of the first unit. f. A parcel map creating the 10.86 net acre parcel shall be submitted. Said map shall be recorded prior to final inspection and a copy submitted to the Department of Community Development. g. The Slater Avenue Pump Station shall be upgraded to accommodate this project prior to issuance of building permits. h. Submit an Affordable Housing Agreement to provide 38 affordable income units on -site. The Agreement shall be reviewed and approved by the Director of Community Development and City Attorney. The contents of the Affordable Housing Agreement shall include the following: 1. 38 units shall be designated for moderate income households (80%-120% of the Orange County Median Income). 2. A detailed description of the type, size and location of units designated for moderate income households which includes a minimum of seventeen (17) one (1) bedroom units, fifteen (15) two (2) bedroom units, and six (6) three (3) bedroom units. 3. The estimated applicable sales price of the units. 4. Method to assure affordability for the life of the project. PC Minutes - 8/17/93 -8- (7390d) 5. Provisions for quarterly notice,of the actual implementation of the Agreement to the Director of Community Development. i. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. j. Prior to issuance of building permits, a fire protection plan shall be submitted to the Fire Department for approval following the requirements of Fire Department Specification No. 426. k. Perimeter fencing plans for review and approval which depict decorative materials. The plans shall reflect an eight (8) foot high wall along the north and east property lines. 1. Submit copy of completed FEMA Elevation Certificate. m. The project shall develop and implement a water conservation plan as required by the City. The plan shall be reviewed and approved by the Public Works Department. 4. The Public Works Department requirements are as follows: a. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius -type construction. 5. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Twelve (12) fire hydrants shall be installed prior to combustible construction. Working drawings shall be submitted to the Department of Public Works and approved by the Fire Department prior to installation. e. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Working Drawings shall be submitted to an approved by the Fire Department prior to installation. The system shall provide: PC Minutes - 8/17/93 -9- (7390d) 1. Water flow, valve tamper and trouble detection. 2. Twenty-four (24) hour supervision. 3. Annunciation. 4. Audible Alarms. 5. Graphic display. f. Address numbers shall be installed to comply with City Specification No. 428. 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. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 9. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping and irrigation systems) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. A parcel map shall be accepted by the City Council. It shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to Certificate of Occupancy or final inspection of first unit. c. The athletic fields lost by the proposed development shall be relocated within the other recreational fields at Ocean view High School. d. Compliance with all conditions of approval specified herein shall be accomplished. PC Minutes - 8/17/93 -10- (7390d) 10. The Planning Commission reserves the right to revoke Use Permit No. 93-19 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. Use Permit No. 93-19_ with a Special Permit 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. CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 6. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the parcel map is accepted by City Council or issuance by building permits, whichever occurs first. B-4 CONDITIONAL USE PERMIT NO. 93-17 WITH SPECIAL PERMIT: APPLICANT: Donley -Bennett Architects LOCATION: 8875 Adams Avenue (northwest corner of Adams Avenue and Magnolia Street) Conditional Use Permit No. 93-17 with a special permit for 18% compact parking is a request to establish Paradise Fitness Center in an existing building (previously the PX Store) in the Pacific Plaza retail center located at 8875 Adams Avenue. The proposed fitness center will be approximately 12,000 square feet which necessitates an increase of the percentage of compact parking spaces from nine (9) percent to 18 percent to comply with parking requirements. The proposed fitness center will include the following uses: weight training, aerobics, raquetball and equipment sales. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 93-17 with a special permit for 18 percent compact with findings. PC Minutes - 8/17/93 -11- (7390d) THE PUBLIC HEARING WAS OPENED. Craig Smith, 14772 Plaza Drive, representing applicant, gave a brief review of the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY DETTLOFF, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO. 93-17 WITH A SPECIAL PERMIT 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 - CONDITIONAL USE PERMIT NO. 93-17: 1. The establishment of the proposed 12,000 square foot fitness center in an existing retail center will be compatible with existing retail uses and with surrounding uses because of the excess 15 parking spaces, a parking management plan which will designate employment, short term and patron parking areas and adequate circulation. 2. The proposed fitness center will not create a traffic or parking problem. On site parking and circulation complies with the City's requirements for parking and circulation standards. 3. The proposed fitness center is a compatible use in the City's commercial land use area and will be consistent with the City's General Plan. FINDINGS FOR APPROVAL - SPECIAL PERMIT FOR 18% COMPACT PARKING SPACES: 1. The special permit for 18 percent compact parking spaces is consistent with the City's parking requirement of a maximum of 20 percent and will not result in a detrimental impact on the existing retail center or surrounding arterial highways. 2. The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. PC Minutes - 8/17/93 -12- (7390d) 3. The special permit will result in a more effective and efficient circulation pattern and parking layout. 4. The special permit will not be detrimental to the general public health, safety, welfare, or.convenience, nor injurious to property values in the vicinity. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-17: 1. The site plan and floor plan dated received August 4, 1993 shall be the conceptually approved layout. 2. Prior to the issuance of building permits for the tenant improvements, a parking management plan shall be approved by the Department of Community Development and shall designate employee, short term and patron parking areas. Employee parking shall be designated behind the building. 3. Prior to final building inspection and/or Certificate of Occupancy issuance, the parking lot shall be restriped to conform to the approved site plan and/or parking management plan. 4. The proposed fitness center shall comply with the parking management plan and all applicable provisions of the Ordinance Code. 5. A review of the use shall be conducted by staff within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions Conditional Use Permit No. 93-17 may become null and void. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-17 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 7. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division; and until the ten day appeal period has elapsed. 8. Conditional Use Permit No. 93-17 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. PC Minutes - 8/17/93 -13- (7390d) B-5 CONDITIONAL USE PERMIT NO. 93-11 WITH SPECIAL PERMIT: APPLICANT: Elizabeth Shafer LOCATION: 8166 Bushwick Drive Conditional Use Permit No. 93-11 is a request to permit a 184 square foot, two (2) story addition to an existing single story condominium with a special permit for increased building bulk. Proposed is a 121 square foot, second story loft over the existing living room, and a 63 square foot addition to the existing first floor footprint. The applicant owns an end unit of a 5 unit building within a 330 unit condominium project (Surfside) built in 1965. The unit was restricted to single story height in order to reduce building mass and bulk. STAFF RECOMMENDATION: The addition is minor and does not significantly affect building bulk. Since no additional parking or open space is required and the fact that the addition is compatible with the architecture for the building, staff is recommending approval. THE PUBLIC HEARING WAS OPENED. Richard Gillespie, 8145 Fox Hall Drive, gave a brief history of the previous architecture. Beth Shafer, 8166 Bushwick Drive, applicant, stated she was trying to upgrade her property with the proposed request. Ralph Wehman, 21262 Burlington Lane, spoke in opposition to the request. Mr. Wehman felt the proposed addition would have an adverse affect on his property value. Richard J. Tesreau, 8141 Pennington Drive, President of the Homeowner's Association, stated his opposition. He felt it would not be a compatible addition. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff about the letter from the Homeowner's Architectural Committee, which stated it was approved. Staff explained that the Homeowner's Association decisions were not binding to the Planning Commission. They also asked if the applicant had followed all the steps to satisfy the Homeowner's Associations requirements. Staff stated that she had. PC Minutes - 8/17/93 -14- (7390d) A MOTION WAS MADE BY INGLEE, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 93-11 WITH A SPECIAL PERMIT WITH FINDINGS AND CONDITIONS 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 - CONDITIONAL USE PERMIT NO. 93-11: 1. The location, site layout, and design of the proposed 184 square foot two (2) story addition properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed 184 square foot, two (2) story addition will not be detrimental to the general welfare or persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. The addition will reduce the number of bedrooms and provide a vaulted ceiling in the expanded living room. 3. The combination and relationship of one proposed use to another on a site are properly integrated. FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1. The special permit for increased building bulk will promote a better living environment by adapting the Planned Residential Development requirements to better suit the existing one story unit which is compatible with the surrounding area. 2. The requested special permit provides for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The requested special permit will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. 4. The requested special permit is consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. PC Minutes - 8/17/93 -15- (7390d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-11: 1. The site plan, floor plans, and elevations received and dated June 23, 1993 shall be the conceptually approved layout. 2. The applicant shall install smoke detectors in compliance with Uniform Building Code Standards. 3. The applicant shall install new address numbers (minimum 4" in height) in a conspicuous location in front. 4. 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. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 7. Conditional Use Permit No. 93-11 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, state and federal fire codes, ordinances and standards. B-6 ANNUAL REVIEW OF DEVELOPMENT AGREEMENT NO. 88-1: APPLICANT: City of Huntington Beach LOCATION: Sixty-five (65) acres generally located 600 feet east and north of the intersection of Bolsa Chica Street and Warner Avenue. The Meadowlark Development Agreement is being submitted to the Planning Commission for annual review purposes, pursuant to Section 6.1 (page 28) of said agreement, to determine whether or not the property owner, the Nerio Family, has complied with the terms and conditions of the agreement. It was approved by the City Council in October, 1988 and recorded in July, 1989. PC Minutes - 8/17/93 -16- (7390d) Following a public hearing, the Commission shall either find that the property owner has complied with the Agreement or, is in default and make a recommendation to the City Council regarding appropriate action. Such action will be forwarded to the City Council for final action. STAFF RECOMMENDATION: Staff recommends that the Planning Commission make the determination that the property owner has substantially complied with the terms and conditions of the Meadowlark Development Agreement and forward to the City Council for approval. The Commission discussed the current state of the Meadowlark Airport area. They discussed site clean-up, code violations, removal of runway and toxic clean-up. The Commission requested, by minute action, a continuance in order to get a full report of the compliance of the conditions and investigation of adjacent residents complaints. 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 RICHARDSON, SECOND BY INGLEE, TO CONTINUE -THE ANNUAL REVIEW OF THE MEADOWLARK DEVELOPMENT AGREEMENT TO THE SEPTEMBER 8, 1993 PLANNING COMMISSION MEETING, WITH DIRECTION FOR STAFF TO RETURN WITH A MORE COMPREHENSIVE COMPLIANCE REPORT, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Inglee NOES: Bourguignon, Gorman ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 93-10: APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: Garden Grove-Wintersburg Channel from Graham Street northeast to Warner Avenue. The City of Huntington Beach Public Works Department has submitted a request to determine if the restoration of the southern levee of the Garden Grove - Wintersburg Channel by the Orange County Flood Control District (OCFCD) is in conformance with the General Plan. PC Minutes - 8/17/93 -17- (7390d) The levee, located on the south side of the channel between Warner Avenue and Graham Street, was eroded by the storms in 1992. The levee is proposed to be restored to a slightly lesser slope and original height and covered in rip -rap (or rocks). STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 93-10 due to the fact that the proposed channel restoration will allow for the protection of property and lives near the channel and will not alter the existing land use or be in conflict with the General Plan in any manner. A MOTION WAS MADE BY GORMAN, SECOND BY DETTLOFF, TO APPROVE GENERAL PLAN CONFORMANCE NO. 93-10 WITH FINDINGS BY ADOPTING RESOLUTION NO. 1484, 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. 93-10: 1. The proposed project is in conformance with the General Plan, specifically the following policies: A. Seismic Safety Element - Section 2.2.2.3: "Public facilities should be upgraded to meet risk requirements." General Plan Conformance No. 93-10 will allow the County to restore the flood control channel in order to protect property and lives. B. Seismic -Safety Element - Section 2.2.4.2: "Improve and upgrade critical facilities in flood hazard areas through ...reinforcement of walls to resist water pressure, use of materials to reduce water seepage." General Plan Conformance No. 93-10 will allow the County to restore the flood control channel with rip -rap for additional strength and erosion resistance. C. Housing Element, Section 3.3.5.1: "Improve and upgrade community facilities and services where necessary." General Plan Conformance No. 93-10 will allow the County to repair and upgrade the Garden Grove-Wintersburg Flood Control Channel. PC Minutes - 8/17/93 -18- (7390d) C-2 GENERAL PLAN CONFORMANCE NO. 93-7: APPLICANT: City of Huntington Beach, Department of Public Works/Administrative Services LOCATION: Holly-Seacliff Specific Plan Area General Plan Conformance No. 93-7(A) is a request to determine if the acquisition of right-of-way for the widening of Ellis Avenue between Edwards Street and Goldenwest Street is in conformance with the General Plan. This request is being processed as a result of previous City actions regarding the Holly-Seacliff Master Plan/Specific Plan and Development Agreement No. 90-1 between the City of Huntington Beach and Seacliff Partners. STAFF RECOMMENDATION: Planning staff recommends that the Planning Commission find that the need for acquisition of right-of-way for the widening of Ellis Avenue between Edwards Street and Goldenwest Street is in conformance with the General Plan. This recommendation is based upon the fact that the request is consistent with the goals and policies of the Land Use, Circulation and Housing Elements of the General Plan. A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON, TO APPROVE GENERAL PLAN CONFORMANCE NO. 93-7 WITH FINDINGS BY ADOPTING RESOLUTION NO. 1485, 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. 93-7: 1. Land Use: Encourage the rational use of land and other natural resources. The right of way acquisition will help to further the goals and objectives of the Holly Seacliff Master Plan and -Specific Plan by allowing the continued development of identified land uses. 2. Housing: To assure the adequate provision of sites for housing located with convenient access to arterial highways, public transportation, schools, parks and recreational facilities, shopping areas and employment opportunities. The right of way acquisition will provide the necessary arterial width to provide the necessary access for the areas residents and employees to be located near convenient shopping and employment opportunities. PC Minutes - 8/17/93 -19- (7390d) 3. Circulation: Provide a transportation system that is consistent with efforts to minimize adverse environmental and aesthetic effects. The right of way acquisition will bring the arterial highways identified in the Holly Seacliff Master Plan and Specific Plan into compliance with the Circulation Element of the General Plan. C-3 PLANNING COMMISSION MINUTES DATED JUNE 15, 1993: A MOTION WAS MADE BY GORMAN, SECOND BY DETTLOFF, TO APPROVE PLANNING COMMISSION MINUTES DATE JUNE 15, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO. 92-42(R): APPLICANT: Delaware II LOCATION: 409 Utica Avenue Conditional Use Permit No. 92-42(R) was originally approved by the Planning Commission on February 3, 1993 to convert an existing 44 unit apartment complex located at 409 Utica Avenue to condominiums. It included an affordable housing provision to assure affordability for the life of the project. The applicant is requesting to amend the requirement to 30 years life due to new information received from Fannie Mae. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 92-42(R) with suggested conditions of approval. Commissioner Inglee stated he would be abstaining from the hearing due to conflict of interest. 1 PC Minutes - 8/17/93 -20- (7390d) A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-42(A) WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED CONDITION OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-42(R): 1. All conditions of Conditional Use Permit No. 92-42 shall remain in effect except for the following: a. Condition No. 2.b.4 shall be revised as follows: "Method to assure affordability for 30 years." E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Biddle - asked staff to investigate the status of the incomplete house on the corner of Joliet and Delaware. He also asked staff to set-up a Study Session to discuss the Downtown retail mix. Commissioner Richardson - stated that he had been assigned to the Downtown Crime Taskforce. He also assigned Commissioner's Cook, Gorman and Inglee to the Sign Code Committee. Commissioner Gorman - asked staff to report back on the status of the Carts, Kiosks and Outdoor Dining Ordinance. Commissioner's Richardson, Dettloff and Bourguignon reiterated a meeting they had with Michael T. Uberuaga, regarding the proposed Special Projects Director position. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, stated actions taken at the August 16, 1993 City Council meeting. PC Minutes - 8/17/93 -21- (7390d) G . ADJOURNMENT A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO ADJOURN TO A SPECIAL MEETING ON AUGUST 24, 1993, AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 Biddle, Richardson, Dettloff, Gorman, APPROVED BY: Mike Adams, ecretary 4Plaing Co ission Chairperson PC Minutes - 8/17/93 -22- (7390d)