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HomeMy WebLinkAbout1994-05-17APPROVED 7/26/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 17, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM DESIGN CRITERIA FOR INFILL LOTS PLANNING COMMISSION PROTOCOL REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P A P P ROLL CALL: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle 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. Michael Turner, 535 Anton Blvd., Suite 800, Costa Mesa, representing applicant for Item D-1, stated that the applicant has proceeded in good faith, and the Planning Commission has no reason to deny a one (1) year continuance on the project. D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO.91-57 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO.92-2 - ONE (1) YEAR EXTENSION OF TIME (CONTINUED FROM THE MAY 13 1994 PC MEETINGI: APPLICANT: Jeff Bergsma _ . _ . LOCATION: 303 Third Street (northwest corner of third Street and Olive Avenue) Due to the lateness of the May 32 1994, Planning Commission meeting, this request automatically continued to the May 17, 1994 meeting. The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 92-2 which were originally approved by the Planning Commission on April 7, 1992. The request included construction of a two-story, 13,200 square foot building to be used as a health club. The special permits allowed the building to encroach into the front and side yard setbacks (0' setback in lieu of 5') and into the rear yard setback (0' setback in lieu of T). These applications were originally continued from the April 5, 1994, Planning Commission meeting to allow the applicant to submit a conditional exception (variance) to allow a reduction in required parking from 88 spaces to 31 spaces. The Planning Commission denied Conditional Exception (Variance) No. 94-14 with findings at their May 3, 1994, meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the requested extension of time for Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 92-2. The Commission discussed their options regarding the extension of time. The first was to deny the extension of time and schedule a public hearing to revoke the because the use would create a heavier parking demand. Counsel stated that if the Commission denied the continuance, the Commission must vote to hold a public hearing to revoke the entitlements. Counsel stated that at such a hearing, evidence must be shown that the applicant had not acted in good faith. PC Minutes - 5/17/94 2 (pcm009) A MOTION WAS MADE BY INGLEE, SECOND BY NEWMAN TO APPROVE A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 91-57 WITH SPECIAL PERMITS AND COASTAL DEVELOPMENT PERMIT NO. 92-2, BY THE FOLLOWING VOTE: AYES: Inglee, Dettloff, Newman NOES: Kerins, Gorman, Biddle ABSENT: Richardson ABSTAIN: None MOTION FAILED DUE TO A SPLIT (3-3) VOTE A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE TO DENY A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 91-57 WITH SPECIAL PERMITS AND COASTAL DEVELOPMENT PERMIT NO. 92-2 AND SCHEDULE A REVOCATION HEARING, BY THE FOLLOWING VOTES: AYES: Kerins, Gorman, Biddle NOES: Inglee, Dettloff, Newman ABSENT: Richardson ABSTAIN: None MOTION FAILED DUE TO A SPLIT (3-3) VOTE THIS ITEM IS AUTOMATICALLY CONTINUED TO THE JUNE 14. 1994 PLANNING COMMISSION MEETING DUE TO TIE (3-3) VOTES ON MOTIONS TO APPROVE AND DENY A MOTION WAS MADE BY KERINS, SECOND BY INGLEE, TO MOVE ITEM B-6 TO THE FRONT OF THE AGENDA BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Newman, Biddle, NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED PLEASE NOTE THE MINUTES WILL REFLECT ACTIONS TAKEN IN THE REGULARLY SCHEDULED ORDER. PC Minutes - 5/17/94 3 (Pcm009) B. PUBLIC BEARING ITEMS B-1 USE PERMIT NO. 93-94/CONDITIONAL EXCEPTION (VARIANCE) NO 93-41/SPECIAL SIGN PERMIT NO.93-16 (CONTINUED FROM THE MARCH 15, 1994 PLANNING COMMISSION MEETING): APPLICANT: Southern California Restaurant Enterprises, LOCATION: 17501 Beach Boulevard (southwest corner of Beach Boulevard and Slater Avenue including the vacant parcel to the west) Use Permit No. 93-94, Conditional Exception (Variance) No. 93-41 and Special Sign 1 Permit No. 93-16 represent a request to establish a drive -through restaurant (Rally's) with _ an outdoor dining. area;. variances to encroach the front setback and the sight angle, reduction in required planter width, and eight (8) space parking reduction; special sign permit to allow a freestanding sign, wall signs, menu boards, directional signs and exposed neon tubing. The subject property is located at the southwest corner of Beach Boulevard and Slater Avenue, 17501 Beach Boulevard, and zoned C4, Highway Commercial. This project was originally continued from the March 15, 1994, Planning Commission meeting to allow the applicant time to address the concerns of the project raised at the meeting. The applicant also requested continuance from the April 19, 1994, Planning Commission meeting to finalize acquisition of the vacant, adjacent westerly parcel into the project boundaries. The applicant has submitted a revised plan reflecting incorporation of this parcel which eliminates the need for three (3) variances. Parking is provided in excess of the minimum code requirement. STAFF RECOMMENDATION: Conditions of approval are recommended that will further reduce the variance requests to one (1), a 46 foot front setback in lieu of 50 foot setback. The use will be compatible with surrounding uses and the sign will be consistent with recent City Council action on a sign for this type of business at another location. Staff recommends approval with findings and conditions of approval. A letter was received by the applicant requesting a continuance to the June 14, 1994 Planning Commission meeting. The letter stated that the project site is a former service station, and the corporation is waiting for the current owner to provide full documentation regarding the possible contamination of soil and groundwater from the underground tanks before moving ahead with the project. PC Minutes - 5/17/94 4 (pcm009) A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO CONTINUE USE PERMIT NO. 93-94, CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41 AND SPECIAL SIGN PERMIT NO.93-16 AT THE APPLICANT'S REQUEST TO THE NNE 14, 1994, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Newman, Biddle, NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED B-2 CONDITIONAL USE PERMIT NO. 94-10 WITH SPECIAL PERMIT FOR COMPACT PARKING SPACES: APPLICANT: Frazer Tremblay Enterprises, LOCATION: 5555 McFadden Avenue (NE corner of McFadden Ave and Graham St) Conditional Use Permit No. 94-10 is a request to establish an indoor swap meet located within an existing 212,500 square foot building previously occupied by Weiser Lock, along with indoor activities to include food services with sales of beer and wine. Also included is a request to allow a reduction in the required parking, and approval of a Special Permit to allow up to 20 percent of the parking spaces to be compact sized. STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve Conditional Use Permit No. 94- 10 and the Special Permit with findings and suggested conditions of approval based upon the following: The use is located at least 1,500 feet from any noise sensitive uses, including residentially zoned properties, hospitals, churches and schools. The use is compatible with the surrounding industrial land uses. 0 The use conforms to the goals and policies of the General Plan. PC Minutes - 5/17/94 (pcm009) The use will not be detrimental to the general welfare of persons working in the vicinity, nor will it generate any significant noise, traffic or other impacts which would be detrimental to adjoining industrial uses. No persons live in the near vicinity of the use; thereby eliminating any potential detrimental effects to residential areas. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211 Main Street, representing applicant, gave a brief history of the site. Mr. Harlow stated that the applicant was in agreement with the conditions of approval with the exception of Condition No. 4a and Condition No. 5a. He requested Condition No. 4a to be modified to allow the swap meet on Federal Holidays and to allow the office area to be occupied during swap meet hours. He requested Condition No. 5a to be modified to state that the wall partitions comply with Fire Code. Tim Conners, Masco Company, responsible for leasing of the site, stated his concern for the with the economic viability of businesses in Huntington Beach. Mr. Conners stated that he has tried to sale or lease the subject site since the Weiser Lock business departed. He stated that as yet he has been unsuccessful with re -use of the site, and spoke in support of the request. Bill Peters, CB Brokerage, addressed the economic basis for the proposed swap meet. Leonard Nadler, representing RSI, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission's concerns included, labeling the use temporary for a ten (10) year period of time. It was suggested that the temporary period be changed to four (4) years. Staff stated that the ten (10).year period was derived fromr the current code. The Commission was also concerned that allowing a swap meet use in an industrial area would eliminate industrial uses within the city. A MOTION WAS MADE BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 94-10 WITH A SPECIAL PERMIT, AS REQUESTED BY THE APPLICANT. THE MOTION DIED DUE TO LACK OF A SECOND. PC Minutes - 5/17/94 6 (pcm009) A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO DENY CONDITIONAL USE PERMIT NO.94-10 WITH SPECIAL PERMIT WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Biddle NOES: Newman ABSENT: Richardson ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 94-10 WITH SPECIAL PERMIT: The granting of Conditional Use Permit No. 94-10 with Special Permit for a 212,000 square foot indoor swap meet with reduction in parking and compact spaces for a period of ten (10) years will adversely affect the General Plan of the City of Huntington Beach. The proposed swap meet is not consistent with the General Plan land use designation of General Industrial, and the intent and purpose of the industrial zoning for the location. 2. The granting of Conditional Use Permit No. 94-10 with Special Permit for a 212,000 square foot indoor swap meet with reduction in parking and compact spaces will be detrimental to the industrial base of the City because it eliminates the building for industrial uses for ten (10) years.. B-3 CONDITIONAL USE PERMIT NO. 94-13 APPLICANT: Chammas Studio Cafe, Inc., PO Box 4299, Balboa, CA 92661 LOCATION: 300 Pacific Coast Highway, Suite 201 (Pierside Pavilion) Conditional Use Permit No. 94-13 is a request to establish a restaurant with live entertainment and dancing known as "Studio Cafe" in the former "Main Street Bar and Grille" restaurant at the "Pierside Pavilion". The applicant is proposing live entertainment and dancing nightly from 9:30 PM to 1:30 AM on weeknights, and from 2:30 PM to 1:30 AM on weekends and holidays. A noise study concluded that the proposed live entertainment will not cause significant noise impacts to the surrounding uses in Pierside Pavilion. The applicant has received an entertainment permit from the Police Department for the proposed use. PC Minutes - 5/17/94 7 (pcm009) Because the applicant is proposing dancing, the request results in a deficiency of two (2) parking spaces. This deficiency will be mitigated through the implementation of the in -lieu parking fee program. STAFF RECOMMENDATION: Staff is recommending the Planning commission approve Conditional Use Permit No. 94- 13 with findings and suggested conditions of approval based upon the following: The use, in a site previously utilized as a restaurant, will be compatible with adjacent residential and surrounding commercial uses. The use conforms to the goals and policies of the General Plan. The use will not be detrimental to the general welfare of persons residing or working in the vicinity, nor will it generate any significant noise ,traffic or other impacts which would be detrimental to adjoining commercial or adjacent residential uses. THE PUBLIC HEARING WAS OPENED. Albert Chammas, applicant, stated he would be providing three (3) security guards. He also stated he was available to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BIDDLE, SECOND BY INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO.94-13 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Biddle NOES: None ABSENT: Richardson, Newman ABSTAIN: Newman MOTION PASSED - ` PC Minutes - 5/17/94 8 (pcm009) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-13• 1. The establishment, maintenance and operation of a restaurant with live entertainment and dancing in a site previously utilized as a restaurant within the Pierside Pavilion, will not be detrimental to the general welfare of persons working or residing in the vicinity, nor will it be detrimental to property values and improvements in the area. With the conditions imposed, the proposed live entertainment and dancing uses will not adversely impact the surrounding commercial and residential properties. 2. The location, site layout, and provisions of parking for uses in the Pierside Pavilion, as well as the implementation of parking in -lieu fees and noise mitigation measures, properly adopts to adjacent uses and structures in a harmonious manner. The live entertainment and dancing will operate out of a newly proposed restaurant in a site previously utilized as a restaurant, and will comply with all applicable city codes, including Chapter 8.40 Noise control, of the Huntington Beach Municipal Code. 3. The granting of Conditional Use Permit No. 94-13 will not adversely affect the General Plan of the City of Huntington Beach. The proposed live entertainment and dancing uses are consistent with the General Plan land use designation, and the Downtown Specific Plan, District 3 zoning for the location. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.94-13: 1. The site plan, floor plans, and elevations received and dated April 4, 1994 shall be the conceptually approved layout. 2. The use shall conform with all conditions of the Entertainment Permit as approved by the Police Department. All recommended noise mitigation measures contained in the "Davy and Associates Sound Tests Study" shall be implemented prior to use of any live entertainment and dancing to ensure that noise levels will conform with Chapter 8.40 of the Huntington Beach Municipal Code. If substantiated complaints regarding noise occur, then the applicant shall be responsible for a subsequent noise study and shall incur any costs associated with the improvements to mitigate such noise. 4. Prior to issuance of building permits, the applicant shall pay an in -lieu fee for two (2) parking spaces or submit evidence of a City/Redevelopment Agency Agreement, or similar instrument, assuring in -lieu fee participation for two (2) parking spaces that is approved as to form and content by the City Attorney's Office, Community Development Department and Economic Development Department, and recorded on the property. PC Minutes - 5/17/94 9 (pcm009) 5. Fire Department requirements are as follows: a. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Building code Standards which provides Manual Pulls, Water flow, Valve tamper and trouble detection, and Audible Alarms. Shop drawings shall be submitted to and approved by the Fire Department, prior to installation of the system. c. Automatic sprinkler systems shall be installed throughout the site to comply with Huntington Beach Fire Department and Uniform Building code Standards. d. Automatic fire -protection shall be installed for commercial cooking equipment. e. The applicant shall maintain the exit way on the terrace patio. 6. The Building Department requires that the maximum occupant load shall be set at 297 persons. 7. All windows and doors, including those to the outdoor patio terrace, shall remain closed during the hours of live entertainment and dancing. 8. This conditional use 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. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 13 if any violations of these conditions or the Huntington Beach Municipal or Ordinance code occurs. CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. The development shall comply with all applicable provisions of the Ordinance code, Building Division and Fire Department. 3. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 4. All dancing and stage areas shall be handicap accessible. PC Minutes - 5/17/94 10 (pcm009) S. Any signs for the restaurant proposed on or visible from the exterior of the building shall be submitted for review and approval by the Design Review Board prior to approval of sign permits. B-4 CONDITIONAL USE PERMIT NO.94-11: APPLICANT: Eric Johnson, 3176 Sicily, Costa Mesa, CA 92626 LOCATION: 16390 Pacific Coast Highway, 9200A (Peter's Landing) Conditional Use Permit No. 94-11 is a request to establish and operate a restaurant/micro- brewery with alcohol sales, outdoor dining, live entertainment and dancing at 16390 Pacific Coast Highway, #200A (Peter's Landing). The applicant proposes to occupy the first floor (9,000 square feet) of an existing two (2) story building with a restaurant and - micro -brewery called "Sunset Beach Brewery & Fish House." There is adequate parking to accommodate the restaurant/micro-brewery with live entertainment and dancing. Applicant received an entertainment permit from the Police Department for the proposed use which specifies hours of live entertainment and type of music. The entertainment permit also provides for dancing, a cover charge and exterior security guards . STAFF RECOMMENDATION: With the suggested conditions imposed, including a six (6) month review of the use, staff is recommending the Planning Commission approve Conditional Use Permit No. 94-11 with findings and suggested conditions of approval because: • The establishment of the restaurant and micro -brewery will not be detrimental to the general welfare of persons working or residing in the vicinity; • The location, site layout and design of the proposed use properly adapts to streets, driveways, and other adjacent structures and uses in a harmonious manner; • The granting of Conditional Use Permit No. 94-11 will not adversely affect the General Plan of the City of Huntington Beach; and • The access to and parking for the proposed use does not create an undue traffic problem. THE PUBLIC HEARING WAS OPENED, Eric Johnson, 3176 Sicily Avenue, Costa Mesa, contractor for the subject site, gave a brief description of the site. He stated that the beer would be brewed on -site. PC Minutes - 5/17/94 11 (pcm009) Frank Wilson, 27253 Las Nieves, Mission Viejo, real estate agent, gave a brief description of the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO. 94-11WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Biddle NOES: None ABSENT: Richardson, Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-11: The establishment, maintenance and operation of the restaurant/micro-brewery with live entertainment and dancing will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the proposed use will not adversely impact the surrounding residential and commercial properties. 2. The location, site layout, and design of the proposed restaurant/micro-brewery properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner.. -The restaurant/micro-brewery will operate out of the first floor of an existing two (2) story building at Peter's Landing Shopping Center and will comply with all applicable City codes, including Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. The granting of Conditional Use Permit No. 94-11 will not adversely affect the General Plan of the City of Huntington Beach. The proposed restaurant/bar is consistent with the Commercial Visitor -Serving land use designation of the General Plan. 4. The access to and parking for the proposed restaurant/micro-brewery does not create an undue traffic problem. PC Minutes - 5/17/94 12 (pcm009) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-11: 1. The site plan, floor plans, and elevations received and dated March 28, 1994 shall be the conceptually approved layout. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (ABC) Board License, along with any special conditions imposed by the 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. 3. The use shall conform with all conditions of the Entertainment Permit as approved by the Police Department. 4. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations and Uniform Building Code standards. b. Fire lanes will be designated to comply with City Specification #415. c. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification 9401. Include the circulation plan and dimensions of all access roads (24' or 27' fire lanes, turnarounds and 17' by 45' radius turns). d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code standards. e. Address numbers shall be installed to comply with City Specification No. 428. The number for the building will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1 1/2) inches. f. A fire alarm system shall be installed to comply with the Huntington Beach Fire Department and Uniform Fire Code Standards. The system shall provide water flow, valve tamper and trouble detection, 24-hour supervision, and audible alarms. g. Exit signs and exist path markings shall be in compliance with Huntington Beach Fire Code and Title 24 of the California Administrative Code. h. The applicant shall obtain a Fire Department permit for the public assembly use. 5. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plans and floor plans pursuant to Condition No. 4 for review and approval and inclusion in the entitlement file. PC Minutes - 5/17/94 13 (pcm009) 6. A review of the use shall be conducted 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 or code sections, Conditional Use Permit No. 94-11 may become null and void. 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 11 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 8. Conditional Use Permit No. 94-11 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. CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. B-5 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO.93-43 WHICH IS BEING PROCESSED CONCURRENTLY WITH COASTAL DEVELOPMENT PERMIT NO. 93- MUSE PERMIT NO. 93-98: APPELLANT: Philip S. Inglee, Planning Commissioner LOCATION: 16521 Peale Lane The Zoning Administrator approved Coastal Development Permit No. 93-29 and Use Permit No. 93-98 for a 3,983 square foot addition, including two new stories, to an existing single family residence.- Conditional Exception (Variance) No. 93-43 for a ten (10) foot front entry garage setback in lieu of the code required 22 foot setback was denied. The denial of the variance is the subject of the appeal. PC Minutes - 5/17/94 14 (pcm009) The existing garage provides two enclosed spaces; two open spaces are provided on the driveway. The front entry garage is requested to accommodate a third (tandem) parking space in the garage, however, it would eliminate the required open parking due to the reduced driveway length. The existing garage and driveway area would provide adequate parking for the proposed remodel. The subject parcel is a standard sized and shaped lot of 6,000 square feet. Because the property abuts a public waterway it is exempt from open space requirements, has a reduced rear yard setback and an increased allowance for site coverage. As such, the property owner enjoys substantial development benefits, and there are no exceptional circumstances or land -related hardships that justify the variance request. In addition, the reduced driveway length presents potential threats to the public safety of pedestrians and bicyclists. STAFF RECOMMENDATION: Staff recommends the Planning Commission deny the appeal for Conditional Exception No. 93-43 and sustain the Zoning Administrator's approval of Coastal Development Permit No. 93-29 and Use Permit No. 93-98 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED, Tom Glass, 16521 Peale Lane, property owner, stated his request for a variance would provide more useable off-street parking. He stated that he currently cannot put two (2) cars into the garage, due to the angle of the entrance. Valerie glass, 16521 Peale Lane, property owner, stated that she had signatures of 14 neighbors that supported their request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO APPROVE THE APPEAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 93-43 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Biddle NOES: None ABSENT: Richardson, Newman ABSTAIN: None MOTION PASSED PC Minutes - 5/17/94 15 (pcm009) FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-43: 1. The granting of Conditional Exception (Variance) No. 93-43 for ten (10) foot garage setback will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Another property within the vicinity with the same lot configuration has been granted a reduced front entry garage setback. 2. The granting of Conditional Exception (Variance) No. 93-43 for ten (10) foot garage setback is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 93-43 for ten (10) foot garage setback will not be materially detrimental to the public welfare, or injurious to property in the same zone classification based upon the conditions of approval. An adequate number of parking spaces for the project will be provided. 4. The granting of Conditional Exception (Variance) No. 93-43 for ten (10) foot garage setback will not adversely affect the General Plan of the City of Huntington Beach: a. The location, site layout, and design of the proposed use properly adapts to the streets, driveways and other adjacent structures and uses in a harmonious manner. b. The access to and parking for the proposed use will not create an undue traffic problem. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-29: 1. The request to permit the remodel and 950 square foot first floor addition, 2,458 square foot second floor additions, and 495 square foot third floor addition to an existing one-story single family residence conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed additions will not impact public views or access. 2. Coastal Development Permit No. 93-29 is consistent with the CZ (Coastal Zone) suffix zoning requirements. The proposed project is consistent with all provisions of the Huntington Beach Ordinance Code with the exception of the front setback for a front entry garage as approved by Conditional Exception No. 93-43. 3. At the time of occupancy, the proposed remodel and addition to an existing one-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exists on the site. PC Minutes - 5/17/94 16 (pcm009) 4. The proposed remodel and additional square footage to the existing one-story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access to the shore line currently exists or is required at the site. FINDINGS OF APPROVAL - USE PERMIT NO. 93-98: Use Permit No. 93-98 for the construction of the 495 square foot third story will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The third story will be contained within the confines of the second story roof volume. In addition, the proposed third level deck will be located between tow roof slopes and facing onto the water channel to protect the privacy of neighboring properties. b. Property and improvements in the vicinity of such use or building. The 495 square foot third story complies with code requirements regarding height, roof slope, interior access and privacy concerns. 2. The granting of Use Permit No. 93-98 will not adversely affect the General Plan of the City of Huntington Beach. The 495 square foot third floor addition is consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan: CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-43: 1. The site plan, floor plans and elevations received and dated December 10, 1993 shall be the conceptually approved layout with the following modifications: a. The existing driveway area will be closed and existing asphalt will be replaced with landscaping. 2. A revised site plan depicting the modifications described above shall be submitted to the Department of Community Development. 3. Parking in the driveway shall be prohibited. 4. The garage door shall be operated by an electric garage door opener. 5. The Zoning Administrator shall be notified in writing in any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. PC Minutes - 5/17/94 17 (pcm009) 6. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 7. All proposed cantilevered deck improvements require separate permits for the improvements. 8. 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. 9. Proposed structures shall be architecturally compatible with existing structures. 10. The Fire Department requirements are: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. Two (2) inch water meter required for the sprinkler system per Public Works standards. B-6 CODE AMENDMENT NO.94-3: APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: City-wide Code Amendment No. 94-3 represents a request by the City to amend Article 911, Low Density Residential, of the Huntington Beach Ordinance Code by deleting Section 9110.1.c.2, which requires a conditional use permit for new construction and additions to two-story, single family residences that are between 25 feet and 30 feet in height. Presently, there are six (6) categories for reviewing single family residential developments based upon building height and number of stories in the RI zone. This code amendment results in two (2) categories for review. Two-story residential structures up to 25 feet in height, and from 30 feet - 35 feet in height are permitted administratively. This code amendment would eliminate the conditional use permit requirement gap for two-story structures between 25 feet and 30 feet resulting in allowing for administrative approval of all two-story structures up to 35 feet in height. PC Minutes - 5/17/94 18 (pcm009) STAFF RECOMMENDATION: Staff is recommending approval of the code amendment because of the following: The proposed code amendment will clean-up an inconsistency in the code. It will eliminate an extreme review process (conditional use permit) for two-story residential structures that are between 25 feet and 30 feet in height. It will permit administrative approval of all two-story residential structures (new and additions) up to 35 feet in height which is consistent with the intent of the 1992 code amendment relative to building height. It has been incorporated into the Division 9 Rewrite which was approved by the Planning Commission in October, 1993. The Commission requested that this item be continued in order to further study in committee. They requested the committee be comprised of two (2) Planning Commissioners, one (1) homeowners group, Chamber of Commerce and Board of Realtors. A MOTION WAS MADE BY KERINS, SECOND BY INGLEE, TO TABLE CODE AMENDMENT NO.94-3, IN ORDER FOR FURTHER STUDY BY A COMMITTEE, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Newman, Biddle NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MARCH 15, 1994: A MOTION WAS MADE BY BIDDLE, SECOND BY GORMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 15, 1994, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Biddle NOES: None ABSENT: Richardson, Newman ABSTAIN: None MOTION PASSED PC Minutes - 5/17/94 19 (pcm009) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Kerins - requested that they receive a Inquiry List update at next meeting. Commissioner Gorman - asked staff if they would be discussing the Planning Commission protocol document at the next study session. Staff stated that it would be scheduled. Commissioner Inglee - spoke in regards to PC Inquiry No. 94-5, regarding the deteriorated school district tennis courts at Algonquin & Edinger. Staff stated they would send a staff member to investigate and report back at the next Planning Commission meeting. At this point the Commission will discuss drafting a letter for the Chairperson's signature to the school board requesting the school district to repair the deteriorated courts. Commissioner Biddle - stated the Mazzoti's Ristorante in the Downtown area had recently been cited for occupancy violations. After being cited Commissioner Biddle claims that the restaurant's occupancy levels were raised. He would like to know how this was done. Howard Hubert, Fire Department, stated he would investigate and report back at the next meeting. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated actions taken at the May 16, 1994 City Council meeting. G. ADJOURNMENT A MOTION WAS MADE BY INGLEE, SECOND BY BIDDLE, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, DUNE 14, 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Biddle NOES: None ABSENT: Richardson, Newman ABSTAIN: None MOTION PASSED /kji Planning C ission Chairpers PC Minutes - 5/17/94 20 (pcm009)