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HomeMy WebLinkAbout1996-07-09APPROVED 9/10/96 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 9, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION -5:30 PM (Agenda Review) ZONING TEXT AMENDMENT NO. 95-6 (SIGN CODE REWRITE) - Wayne Carvalho REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P A P P P P P ROLL CALL: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker AGENDA APPROVAL 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. Robert Cronk, 18312 Hartlund Lane, read from a letter he had submitted to the Planning Commission which stated his request to set a revocation hearing at the time of the three (3) month review for Conditional Use permit No. 95-93 and Variance No. 95-28 (BMWK business on Talbert Avenue) so there will be no further delays in bringing the non -conforming building into conformance with City codes. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 96-3/VARIANCE NO. 96-2/GENERAL PLAN CONFORMANCE NO. 96-3 (POLYGON COMMUNITIES) (CONTINUED FROM THE JUNE 11, 1996, PLANNING COMMISSION MEETING): APPLICANT: Polygon Communities, Inc. LOCATION: 8166 Constantine Drive (south side, approximately 600 feet east of Beach Boulevard). PROJECT PLANNER: Laura Phillips Conditional Use Permit No. 96-3 is a request by Polygon Communities, Inc., to construct 29 single family homes as a Planned Unit Development on approximately 2.27 acres. The conditional use permit also includes a six (6) foot high perimeter wall to exceed the 42 inch high code requirement for walls in required yards, and development of lots with a greater than three (3) foot grade differentiation from the high point to the low point. Variance No. 96-2 is to allow a reduced rear yard setback of 8.5 feet for three (3) homes, and to allow a reduction in the number of open guest parking spaces provided. General Plan Conformance No. 96-3 is to allow for a four (4) foot wide vacation of Constantine Drive along the site's frontage. On June 11, 1996, the Planning Commission voted 3-3 on a motion to approve the project. Therefore, the motion failed and the item was continued to the Planning Commission meeting of July 9, 1996. STAFF RECOMMENDATION: Staff is recommending approval of the project for the following reasons: • The project is consistent with the objectives of the RMH standards and the Planned Unit Development concept of the code in achieving a development that has an integrated design which properly adapts to the surrounding terrain and uses in the area. • The project is consistent with the Medium High Density Residential land use designation of the General Plan and with the City's Housing Element because it increases the type and variety of housing in the City. • The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of the improvements in the area. • The project provides good land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, perimeter walls, site layout and design. • The project will provide adequate parking and circulation for residents and guests. PC Minutes - 7/9/96 2 (p=054) THE PUBLIC HEARING WAS CLOSED AT THE JUNE 11, 1996, PLANNING COMMISSION MEETING. Commissioner Holden stated that he had reviewed the tape of the June 11, 1996, Planning Commission meeting and was prepared to discuss the project. The Commission discussed oil site parking and why staff supported it. Staff stated that the project as proposed has adequate parking for the residents and guests, and parking on Constantine Drive is available as additional parking but not as a requirement. Commissioner Kerins stated his opposition to the project due to the ten (10) foot rear yard setback. He feels this is too small an area for a backyard and would notbe in the best interest of the community. He also feels the project could be less dense. The majority of the Commission spoke in favor of Alternative Action "A", which would reduce the number of open guest parking spaces by two (2), and increase the common open space area. A MOTION WAS MADE BY TILLOTSON, SECOND BY HOLDEN, TO APPROVE ALTERNATIVE ACTION "A" BY ADOPTING RESOLUTION NO. 1515 APPROVING GENERAL PLAN CONFORMANCE NO. 96-3 WITH FINDINGS, AND APPROVE CONDITIONAL USE PERMIT NO. 96-3 AND VARIANCE NO. 96-2 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Gorman, Tillotson, Speaker NOES: Kerins ABSENT: Livengood ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 96-3 1. The granting of the conditional use permit for 29 single family detached homes on an existing parcel with a one (1) lot subdivision for condominium purposes will not adversely affect the General Plan because the development is consistent with the Land Use Element designation of Medium High Density Residential on the subject property, and will add to the supply and variety of housing available in Huntington Beach. PC Minutes - 7/9/96 3 (p=054) 2. The proposed project will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the area. The location, site layout, and design of the proposed 29 single family detached residential units properly adapts the proposed structures to streets and other adjacent structures and uses in a harmonious manner. The project's design includes density, height, setbacks, and building bulk compatible with the area. The proposed project site's grade differential of six feet will not adversely affect surrounding properties because the project will be graded to slope gradually to the street in order to be compatible with surrounding development and to ensure proper drainage. 4. The project will provide for acceptable parking and circulation, and will not adversely affect surrounding development because the total number of parking spaces on the site exceeds the number required by code. 5. The establishment of a 6 foot high perimeter wall at an 8 foot to 10 foot setback from the front property line will provide a better living environment for the proposed residential project, and will be designed to be compatible with the surrounding area. A maximum amount of landscaping will be provided on the street side of the wall. 6. The proposed development will comply with the provisions of the base district of RMH and other applicable provisions of titles 20-25 and any specific condition required in the district, except for the variance request. FINDINGS FOR APPROVAL - VARIANCE NO. 96-2 1. The granting of a variance for 10 guest parking spaces in lieu of 15 spaces (reduction of 5 spaces), and to reduce the rear yard setback from 10 feet to 8.5 feet on Lot Nos. 10, 11, and 13, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The total number of parking spaces provided on -site exceeds the number required by code (90 in lieu of 88), and the reduced setback, which is for the upper story only, will not affect usable open space, building bulk, or height. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The project is an infill project surrounded by multi -family residential projects. The variance will allow for an effective design that is compatible with the area. PC Minutes - 7/9/96 4 (p=054) 3. The granting of a variance for 10 guest parking spaces and reduction of the rear yard setback from 10 feet to 8.5 feet on Lot Nos. 10, 11, and 13 is necessary to preserve the enjoyment of one or more substantial property rights. It will allow the property to be developed with a detached, single family product, similar to other developments in the City. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The project is less dense than its predecessor and is only two (2) stories in height. It will be compatible with surrounding land uses. FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 96-3 1. General Plan Conformance No. 96-3 for the vacation of a four foot wide strip of Constantine Drive along the front of the property is consistent with the Land Use Element of the General Plan because it promotes the rational use of land. The additional property will be used by the applicant to increase the landscaping in front of a residential project. 2. General Plan Conformance No. 96-3 will not result in an increase in permitted density on the site. The proposed project density of 12.6 units per acre is less than the 25 units per acre permitted by the General Plan designation of Medium High Density Residential. 3. General Plan Conformance No. 96-3 is consistent with the Circulation Element of the General Plan because this portion of the right-of-way is not necessary for traffic circulation in this area. The Department of Public Works has determined that a 26 foot wide right-of-way in lieu of a 30 foot right-of-way in this location is sufficient. 4. General Plan Conformance No. 96-3 will not be detrimental to the general health, safety and welfare, nor detrimental to the value of property and improvements in the vicinity. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 96-3: 1. The site plan, floor plans and elevations received and dated June 4, 1996, shall be the conceptually approved layout with the following modifications: a. Lots 6, 7, 16, and 17 shall have a minimum 400 square feet of private open space. Alternatively, these units shall have a maximum of 3 bedrooms and a minimum of 300 square feet of private open space. PC Minutes - 7/9/96 5 (p=054) b. The front entry design shall reflect the revision reviewed and approved by the Subdivision Committee on May 20, 1996. c. Show over -the -hood storage areas in the garage. d. The rear building wall (first and second floor) of the four (4) homes facing Constantine Drive shall contain a two (2) to three (3) foot off -set. 2. Prior to submittal for building permits, the following shall be completed: a. Submit three (3) 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 back flow devices and Edison transforms, 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 retarding type shall be installed as approved by the Building Department and indicated on the floor plans. e. Building and wall elevations shall depict colors and building materials proposed. f. 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. g. 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. h. The Community Development Department shall review and approve revised site plan and elevations as modified pursuant to Condition No. 1. PC Minutes - 7/9/96 6 (p=054) i. Zoning entitlement condition of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing.. j. Fire Department requirements shall be noted on the building plans: 1) Automatic sprinkler systems will be installed throughout all buildings to comply with Huntington Beach Fire Department and uniform Building code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. 2) Three (3) fire hydrants will be installed prior to combustible construction. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. 3) Fire lanes will be designated and posted to comply with City Specification #415. 4) Security gates will be designed to comply with city Specification #403. 5) Address numbers will be installed to comply with City Specification #428. 6) Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification #401. Include the circulation plan and dimensions of all access roads (24' fire lanes, turnarounds and 17 foot by 45 foot radius turns). 7) names of streets must be approved by the Huntington Beach Fire Department prior to use. See City Specification #409. 8) The project will comply with all provisions of the Huntington Beach Fire code and City Specification #422, and #431 for the abandonment of oil wells and site restoration. 9) The project will comply with all provisions of the Huntington Beach Municipal Code Title 17.04.085 and City Specification 3429 for new construction within the methane gas overlay districts. k. Double walls shall be prohibited; prior to constructing any new wall, a plan must be submitted identifying the removal of any existing walls next to the new wall, and shall include necessary homeowner's approval. PC Minutes - 7/9/96 7 (p=054) 3. Prior to issuance of building permits, the following shall be completed: 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 plan 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 Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. The landscaping along Constantine should include palm trees or trees that are shorter than palm trees, and shall comply with the conceptual landscaping plans discussed by the Subdivision Committee. The applicant shall submit a list of proposed trees for approval by Community Development Department prior to submittal of Landscape Plans. c. A grading plan prepared by a registered Civil Engineer shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). The off -site street improvements may be shown on the grading plan. 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. (PW) d. 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. e. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 4. Prior to final approval of the building permits (final inspection), the following shall be completed: a. Hydrology and hydraulic studies, both on- and off -site, shall be submitted for Public Works review and approval. (PW) PC Minutes - 7/9/96 8 (pcm054) b. A sewer study, both on- and off -site, shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. (PW) c. The on -site sewer system shall be private. (PW) d. Street lighting shall be designed and constructed in accordance with Public Works Standards. (PW) e. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. (PW) f. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. Appropriate mitigation may include, but not be limited to, use of existing facilities or surplus sites expansion of capacity at existing sites, construction of new facilities, payment of fees, and reduction of densities. The Community Development Department shall be provided with a copy of an agreement prior to issuance of building permits. g. The applicant shall submit an affordable housing plan for three (3) units located at 16851-16859 Nichols Street. The deed restriction shall provide for long term affordability (30 years) for families with moderate income (80% to 120% of the County median income). The deed restriction shall be reviewed and approved by the Department of Community Development and the City Attorney's Office, and executed prior to issuance of the first building permit. The affordable units shall be available to the public prior to finalization of the last building permit. h. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. (PW) i. All public water improvements shall be designed and installed per the city of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW) The developer shall abandon the existing six (6) inch water main entering from the southeast corner of the proposed development, and install a blow -off assembly per Standard Plan No. 608 at the north end of Mora -Kai Lane. The blow -off assembly shall be located approximately 10.00 feet south of the existing fence at the end of Mora -Kai Lane. The existing fire hydrant located on the property shall be returned to the City. (PW) PC Minutes - 7/9/96 9 (p=054) k. The proposed development shall be served with a single eight (8) inch fire line water meter, located on Constantine Drive. Backflow protection shall be provided per Standard Plan No. 609. The entire water meter assembly shall be constructed within the public right-of-way or within an easement dedicated to the City. (PW) The entire water system located on -site shall be private, (unless the Public Works Department agrees to accept the system) and shall contain at least two (2) private fire hydrants located per fire Department requirements. the private water system shall be designed and installed per the city of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. Inspection of the private water system shall be performed by the City of Huntington Beach Department of Public works Water Division inspectors. (PW) m. One (1) public fire hydrant shall be constructed within the public right-of-way and located on Constantine Drive per Fire department requirements. (PW) n. No combustible construction shall occur without the approved water system installed. (PW) o. All backflow prevention devices, transformers and meter boxes shall be screened from public view. (PW) p. A separate water meter is required for landscape irrigation. (PW) q. The landscape planting and irrigation installation must be certified by the landscape architect of record to be in conformance with the City approved landscape plans by the City landscape inspector. (PW) r. The Homeowner's Association shall maintain all landscape and irrigation improvements. (PW) s. Any existing overhead utilities shall be installed underground. (PW) t. The existing paving along the frontage of the project shall be removed and replaced to the centerline of Constantine Drive. pavement design shall be for a 20 year service life. (PW) u. The existing curb and gutter along the frontage of the project shall be removed and replaced. (PW) v. The developer shall initiate the four (4) foot vacation of Constantine drive and pay the required fees upon approval of this project. (PW) PC Minutes - 7/9/96 10 (p=054) w. Interior intersection radii shall be a minimum of 12 feet. (PW) x. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. y. CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. z. Compliance with all conditions of approval specified herein shall be accomplished. aa. 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. 5. 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. f. An on -site qualified archaeologist shall monitor all earth moving activities. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. PC Minutes - 7/9/96 11 (p=054) 6. The use shall comply with the following: a. 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. (FD) INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the right-of-way. (PW) 4. All new utilities shall be installed underground. (PW) The landscape irrigation system shall meet "The Water Efficient Landscape Requirement" Water Ordinance No. 14.52. (PW) 6. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. Conditional Use Permit No. 96-3 and Variance 96-2 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. PC Minutes - 7/9/96 12 (p=054) B-2 VARIANCE NO. 96-7 (APPEAL)(TRAN ROOM ADDITION): APPLICANT: Cuong Viet Tran APPELLANT: Planning Commissioner Bob Biddle LOCATION: 6701 Pimlico Circle (southeast of Ellis Avenue and Edwards Street). PROJECT PLANNER: Laura Phillips The proposed project is a request by Cuong Viet Tran to construct a room addition that projects five (5) feet into the required ten (10) foot exterior side yard setback. The Zoning Administrator approved the request on May 29, 1996, finding that there are land related hardships, and that the variance preserves private property rights, is non -detrimental to surrounding properties, and is not a grant of special privilege. Commissioner Bob Biddle appealed the project and is recommending the Planning Commission overturn the Zoning Administrator's action by denying the variance request for the following reasons: • The project does not have a hardship. • The interpretation of the setbacks is in error. STAFF RECOMMENDATION: Staff recommends that the Planning Commission uphold the Zoning Administrator's approval of the request for the following reasons: • The rear yard setback and side yard setback requirements were determined in accordance with the Ellis Goldenwest Specific Plan (EGWSP). • The variance will not constitute a grant of special privilege because only 19% (67 square feet) of the proposed 360 square feet addition will encroach into the exterior side yard setback. • The strict application of the EGWSP is found to deprive the subject property of privileges enjoyed by other properties in the vicinity because the property is encumbered by unusual shape, a number of easements covering 35% of the lot, and the requirement for additional parking. • The variance is necessary to preserve the enjoyment of one or more substantial property rights because it allows for development of a portion of the site that is not encumbered by any easements. • The proposed addition will face Quarterhorse Lane, and will not adversely affect any surrounding residential property. The addition will complement the existing architecture of the house, and will be attached to the house in a logical manner. PC Minutes - 7/9/96 13 (p=054) THE PUBLIC HEARING WAS OPENED. Jack Collins, 6731 Shetland Circle, representing the Country View Estates Homeowners Association, spoke in opposition to the request stating that he believed this was not a case of hardship and would negatively impact the surrounding neighborhood. Gerald Chapman, 6742 Shire Circle, Country View Estates Homeowners Association, spoke in opposition to the request and was concerned that this will set precedent and allow adjacent neighbors to request similar setback variances. Cuong Viet Tran, 6701 Pimlico Circle, applicant, stated that his request was to build a large dining room to accommodate his family. He asked the Commission for their support stating that the Homeowner's Association and his adjacent neighbors approve of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Biddle stated that the reasons he appealled the project were that the project does not have a hardship so no special circumstance occurs, he feels staff interpretation of the setbacks is in error, the project is not architecturally compatible and it will have a negative impact on the surrounding neighborhood. He stated he was also offended by the comment in the applicant's narrative that stated the applicant would proceed with a plan suggested by the Community Development Department. He stated he is opposed to the request. The majority of the Commission did not feel there was enough of a hardship to grant a variance. They were also concerned that this could set a precedent for adjacent property owners. A MOTION WAS MADE BY SPEAKER, SECOND BY KERINS, TO OVERTURN THE ZONING ADMINISTRATOR'S ACTION BY DENYING VARIANCE NO. 96-7 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle, Gorman, Tillotson, Speaker NOES: Holden ABSENT: Livengood, ABSTAIN: None MOTION PASSED PC Minutes - 7/9/96 14 (pcm054) FINDINGS FOR DENIAL - VARIANCE NO. 96-7: 1. The granting of Variance No. 96-7 for a five (5) foot exterior side yard setback (along Quarterhorse Lane) in lieu of minimum ten (10) foot pursuant to Section IV.C.5.b of the Ellis-Goldenwest Specific Plan (EGWSP) will constitute a grant of special privilege. The addition could be redesigned so it is closer to the main dwelling unit thereby complying with the ten (10) foot setback requirement. The variance would allow for a structure that is not architecturally compatible with the existing residence. 2. Because there are no special circumstances applicable to the subject property relative to size, shape, topography, location or surroundings, the strict application of the EGWSP is found not to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. There is no land related hardship to grant the variance. The subject property is 18,619 square feet in size which is more than twice the size of the majority of lots in the vicinity. It was created as a large lot in order to accommodate equestrian trail and open space easements on the site. Other properties to the south of the subject property on the east side of Quarterhorse Lane are required to maintain a 25 foot setback from Quarterhorse Lane. 3. The granting of a variance for a five (5) foot exterior side yard setback (along Quarterhorse Lane) in lieu of minimum ten (10) feet pursuant to Section IV.C.5.b of the Ellis -Golden West Specific Plan, is not necessary to preserve the enjoyment of one (1) or more substantial property rights. Although the property is encumbered by equestrian trail and open space easements, there is more than sufficient buildable area on the site to develop an addition to the single family residence in accord with the EGWSP because the lot is 18,619 square feet in size. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MAY 28, 1996: A MOTION WAS MADE BY SPEAKER, SECOND BY GORMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 28, 1996, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: Holden MOTION PASSED PC Minutes - 7/9/96 15 (p=054) D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Kerins - asked staff for an update regarding the illegal sign on Pacific Coast Highway and 3rd Street for parking and questioned why there is a lot of dirt being moved at the Seacliff Shopping Center. He also asked staff to contact the Association of Architects regarding the acquisition of a film on streetscape and design. Staff stated that they would have a report back to the Commission on these signage items. Commissioner Biddle - stated that it was his understanding the sign for Ruby's on Pacific Coast Highway would be brought up to code as soon as the restaurant opened. He stated that he would like to see it brought into conformance now. Commissioner Gorman - asked for an update regarding his inquiry to parking on Seapointe Avenue. Staff stated that Jim Otterson, Traffic Engineer, is studying the issue and will prepare a report for the Commission. Commissioner Tillotson - asked staff why the Warner Pond on Bolsa Chica property fills up with water and then dries up on an irregular basis. Staff stated that a pipe feeds it and the water is controlled by tidal conditions. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions taken at the July 1, 1996, City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - stated that the July 23, 1996, Planning Commission meeting would be canceled. He stated the next meeting will be held August 13, 1996. PC Minutes - 7/9/96 16 (pcm054) G. ADJOURNMENT - Adjourn to the August 13, 1996, regularly scheduled meeting A MOTION WAS MADE BY BIDDLE, SECOND BY SPEAKER, TO ADJOURN TO A 5:30 PM STUDY SESSION ON AUGUST 13, 1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED /kjl APPRO D BY: Ho r Zelefsky, S tary(J PC Minutes - 7/9/96 17 OK - � & ' " 0- Planning Commission Chairperson (p=054)