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HomeMy WebLinkAbout1996-08-13APPROVED 9/10/96 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 13, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Agenda Review) STOP SIGNS/GUARD GATE ISSUES - Jim Otterson ZONING TEXT AMENDMENT NO. 95-6 (SIGN CODE REWRITE) - Wayne Carvalho REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P A A 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, spoke in regards to non-public hearing Item D-1 on the agenda, Conditional Use Permit No. 95-93 and Variance No. 95-28. He stated that no grading plan has been filed with the Public Works Department as of 4:00 PM this day. He also stated his concern that the verbiage in Condition No. 5.b. which may be confusing and should read "if the owners alienate the site the building should be removed." He also stated concern regarding Condition No. Te. relating to the employee parking spaces being available only on payment of rent. Mr. Cronk question Commissioner Speaker as to how a letter he had sent to him marked personal had ended up on the applicant's desk. He stated that he thought it would be privileged information and asked Counsel Paul D'Alessandro what legal action could be taken against Commissioner Speaker. He further stated that Commissioner Speaker should abstain from voting on any decisions regarding this property or resign from the Planning Commission. Richard Harlow, 211 B Main Street, representing the applicant, spoke in regards to non-public hearing Item D-1 on the agenda, Conditional Use Permit No. 95-93 and Variance No. 95-28. He stated that the applicant is diligently pursuing compliance with the conditions of approval. He stated that the applicant had filed a street improvement plan to the Public Works Department and was told that would adequately cover the grading plan requirement. Commissioner Speaker asked Counsel Paul D'Alessandro what was legally required of him when he receives a correspondence regarding an application to be heard by the Planning Commission. Paul D'Alessandro, Deputy City Attorney, stated that correspondence between a government office and the public is not considered privileged information and should become part of the public record. He stated that the law disfavors a government official having knowledge of a project that no one else has, especially if that knowledge would have a bearing on your opinion. When you receive a letter from the public or visit a site you should disclose that to the public. Commissioner Speaker stated for the record that he had visited BMWK Auto to clarify his questions regarding the drainage problems on the property. He stated that while he was touring the site he did notice that the adjacent building, belonging to Robert Cronk, was also showing some signs of disrepair and drainage problems. He further stated that the issues being brought forth were due to these adjoining property owners disagreeing and felt the Commission was being used to settle the dispute. B. PUBLIC HEARING ITEMS B-1 ZONING MAP AMENDMENT NO. 96-2/CONDITIONAL USE PERMIT NO. 96-25/NEGATIVE DECLARATION NO. 96-3 (MCDONALD'S RESTAURANT): APPLICANT: Xavier Orozco LOCATION: Northwest corner of Warner Avenue and Airport Circle (north side of Warner Avenue, west of Meadowlark Shopping Center). PROJECT PLANNER: Laura Phillips Zoning Map Amendment No. 96-2 and Conditional Use Permit No. 96-25 constitute a request by Xavier Orozco for a zone change from CO (Office Commercial) to CG (General Commercial), in order to construct a McDonald's restaurant in two (2) phases. The first phase will include a drive through and outdoor dining patio. The second phase will replace the outdoor dining area with an indoor children's playland. PC Minutes - 8/13/96 2 (p=055) STAFF RECOMMENDATION: Staff is recommending approval of the proposed project for the following reasons: ♦ The proposed project will not have any significant adverse environmental impacts. With standard conditions of approval and the proposed site design, all concerns are mitigated to a level of insignificance. ♦ The proposed zoning map amendment is consistent with the existing General Plan designation of General Commercial, with surrounding zoning, and with existing and proposed development in the surrounding area. ♦ The proposed use of the property for a restaurant with a drive through window is consistent with surrounding commercial uses and will not be detrimental to property or uses in the area or the City in general. ♦ The site plan provides for adequate circulation and parking for both phases of development. ♦ The site plan provides for more than twice the required amount of landscaping, consistent with recent development in the area, and the designation of Warner Avenue as a landscape corridor in the General Plan. THE PUBLIC HEARING WAS OPENED. Robert Lombardi, 4370 La Jolla Village Drive, #800, San Diego, construction manager, stated that he supported staff s report and recommendation with the exception of Condition No. I.c. He is concerned with the requirement that the height of the wall to the west must be eight (8) foot high. The surrounding walls will only be six (6) feet high and he is concerned this will be inconsistent and have a negative visual impact. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins asked staff to comment on the wall being inconsistent with the other walls as pointed out by the construction manager. Staff stated that the eight (8) foot high wall would separate the proposed restaurant use from future residential uses better than a six (6) foot high wall. Staff suggested the condition be revised to read that the applicant be allowed to build a six (6) foot high wall with the condition that an additional two (2) feet be added when residential development occurs. PC Minutes - 8/13/96 3 (p=055) A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE NEGATIVE DECLARATION NO. 96-3, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO APPROVE ZONING MAP AMENDMENT NO.96-2 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO.96-25 WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 96-2: 1, The proposed zoning map amendment from CO (Office Commercial) to CG (General Commercial) is consistent with the objectives, policies, general land uses and programs specified in the General Plan because it provides for a compatible land use that can be provided with appropriate levels of service. The zoning map amendment is consistent with the following goals: PC Minutes - 8/13/96 4 (p=055) ♦ LUI - Achieve development that maintains or improves the city's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. ♦ LU7 - Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. ♦ L U10 - Achieve the development of a range of commercial uses. 2. A community need is demonstrated for the proposed zone change because it will allow for more commercial opportunities to service existing and proposed residential uses in the vicinity. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the site is presently designated as General Commercial on the General Plan, and the proposed change will not affect the amount of commercial square footage that would otherwise be allow on the site under the present zone. The property to the east and west is zoned for commercial uses. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 96-25: 1. The establishment, maintenance and operation of the 3,817 square foot McDonald's restaurant with a drive through window, outdoor dining area and indoor playland will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the project will be heavily landscaped, of high aesthetic quality, and traffic circulation and parking are adequate to serve the proposed use. 2. Conditional Use Permit No. 96-25 for a McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will be compatible with surrounding uses because the surrounding area is primarily designated for and developed with commercial uses. Residentially designated property adjacent to the site will be adequately buffered from the commercial use by distance from the building, a block wall, and landscaping. 3. The proposed McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will comply with the provisions of the proposed CG (General Commercial) base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. PC Minutes - 8/13/96 5 (p=055) 4. The granting of the conditional use permit for a McDonald's restaurant with a drive through window, outdoor dining patio, and indoor playland will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: ♦ LU2.1.2 Require that the type, amount, and location of development be correlated with the provision of adequate supporting infrastructure and services. ♦ LU 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality L U 10.4.1 Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality ♦ L UI0.1.6 Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards ♦ LU 10.1.10 Require that development be designed to convey a local neighborhood's character considering... where feasible, the inclusion of reciprocal access.... ♦ CE 7.3.1 Require that new development include landscaping that is compatible with the visual ♦ character of the designated scenic highways and corridors CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 96-25: 1. The site plan, floor plans and elevations received and dated July 19, 1996, shall be the conceptually approved layout (for Phase 1 and Phase 2) with the following modifications: a. The outdoor dining patio area shall be a maximum of 710 square feet. b. A maximum of 10 compact parking spaces shall be provided. (one compact space shown on the plan shall be revised to a full size space.) The change shall be reviewed and approved by the Planning Division. c. Depict a six (6) foot high wall along the rear property line designed to accommodate two (2) additional feet. The wall shall be extended two (2) additional feet (8 feet total height) at the cost of the applicant and/or property owner, when the residential area north of the subject property is developed. 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. PC Minutes - 8/13/96 6 (pcm055) 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. Elevations shall depict colors and building materials proposed. f. 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. g. For outdoor lighting, 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. h. 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. i. The Community Development Department shall review and approve a revised site plan as modified pursuant to Condition No. 1. j. The reference page for the working drawings for building permits and for plumbing, electrical and mechanical permits shall include all conditions of approval imposed on the project printed verbatim. k. Fire Department requirements shall be noted on the building plans: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) PC Minutes - 8/13/96 7 (p=055) 2) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1 /2) inches. (FD) 3) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code, including low level exit signs. (FD) 4) All commercial cooking devices shall be provided with automatic fire protection systems per Huntington Beach Fire Code. (FD) 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. All landscape areas adjacent to parking require a 12 inch wide concrete step off area. The set must be approved by both departments prior to issuance of building permits. (PW) 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. (PW) d. The subject property shall enter into irrevocable offer to dedicate a reciprocal driveway easement between the subject site and the adjacent site to the west. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. e. 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, contractors, etc., during the project's construction phase. In addition, a construction vehicle control plan shall be submitted to Public Works for review and approval. PC Minutes - 8/13/96 8 (p=055) f. If deemed necessary by the Director of Public Works, an erosion control plan shall be submitted to the Public Works Department for review and approval. g. Zoning Map Amendment No. 96-2 must be approved by the City Council and in effect. 4. 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. 5. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping and stamped concrete at driveway locations) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Street lighting shall be designed and constructed in accordance with Public Works Standards. (PW) d. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. (PW) e. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. (PW) f. No combustible construction shall occur without the approved water system installed. (PW) PC Minutes - 8/13/96 9 (p=055) g. Any existing overhead utilities shall be installed underground. (PW) h. The proposed driveways shall be constructed per City of Huntington Beach Standard Plan No. 211 A & B. (PW) Install a R-IOR (right turn only sign) on median and driveway onto Warner Avenue. (PW) j. Compliance with all conditions of approval specified herein shall be accomplished. k. 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. 1. The rear property line wall between the subject site and the designated medium density residential property to the north shall be constructed to 8 feet in height. in, Exterior doors on children's playland area (Phase 2) shall be emergency exit only (PD) n. Trash enclosure shall surround dumpsters with a tight fit and be sized to approximately six (6) feet by 7 (7) feet, two (2) inches, thus not allowing room for someone to hide between the enclosure and the dumpster. (PD) 6. This Conditional Use Permit shall not become effective until Zoning Map Amendment No. 96-2 has been approved by the City Council and is in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 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. A construction permit shall be required for all work within the City right-of-way. (PW) 4. All new utilities shall be installed underground. 5. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Subdivision and Zoning Ordinance. 6. All proposed signs are subject to separate building permits, and must comply with the provisions of the Huntington Beach Zoning and Subdivision Ordinance. PC Minutes - 8/13/96 10 (p=055) 7. 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-25 , pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 10. Conditional Use Permit No. 96-25 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. B-2 TENTATIVE TRACT NO. 14659(R)/CONDITIONAL USE PERMIT NO. 92-47(R) (SHERWOOD TRACT REVISION): APPLICANT: PLC LOCATION: Southeast corner of Ellis Avenue and Goldenwest Street. PROJECT PLANNER: Mary Beth Broeren PLC, the developer of Tentative Tract No. 14659, has requested a revision to the tract layout approved by the Planning Commission on August 24, 1993. The total number of lots will be reduced by 10, from 244 lots to 234 lots. This change will allow the developer to offer two different size lots (3,600 and 4,500 square feet) instead of the one size (3,600 square feet) that was originally approved. There have also been minor changes to the shape of one cul-de-sac, the number of common landscape areas and fencing for the tract. The fencing changes include a request for an eight foot high perimeter wall along Goldenwest Street and Ernest Avenue and approximately 128 linear feet of three foot high retaining wall in the southwest corner of the site. Additionally, a sewer lift station that was previously to be located on the north side of Ellis Avenue has been relocated south of Ellis Avenue within the project's boundaries. This has necessitated the re-routing of a pedestrian trail that provides access from Ellis Avenue south to the open space and park areas provided within the project. PC Minutes - 8/13/96 11 (p=055) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Tentative Tract No. 14659(R) and Conditional Use Permit No. 92-47(R) for the following reasons: ♦ The revision will conform to the Holly Seacliff Specific Plan. ♦ Grading profiles will remain essentially the same. ♦ The subdivision is compatible with proposed development in the immediate vicinity. ♦ The project is consistent with the General Plan. THE PUBLIC HEARING WAS OPENED. Suzanne Beukema, 9052 Christine Drive, representing Friends and Neighbors of Seacliff, spoke in support of the request as recommended by staff. Bill Holman, 23 Corporate Plaza, #250, Newport Beach, representing applicant, stated he was in concurrence with staff s report. He stated that the revision to the original approved request will reduce density while retaining all approved circulation plans. He stated that it meets all the Specific Plan requirements. Mr. Holman said he was in agreement with all conditions of approval but requested the Commission to consider a reduction in the sidewalk width on Ash to add additional landscaping without taking away from the lot size. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated he would not support the revision because the lots are not standard residential size, the project has many substandard front driveways, and some rear yards are 15 feet and experts say that 20 feet is standard. He also stated that he feels the City has let the developer develop to minimum standards and feels this is unexceptable. The Commission asked staff if this project met code requirements. Staff explained that this project is within the Holly-Seacliff Specific Plan, and it meets all standards of the Specific Plan. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO APPROVE TENTATIVE TRACT NO. 14659(R) AND CONDITIONAL USE PERMIT NO. 92-47(R) WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Speaker NOES: Kerins, Biddle ABSENT: Gorman, Tillotson ABSTAIN: None MOTION FAILED - THESE ITEMS WERE CONTINUED TO THE AUGUST 27, 1996, PLANNING COMMISSION MEETING DUE TO A LACK OF MINIMUM FOUR (4) AFFIRMATIVE VOTES. PC Minutes - 8/13/96 12 (p=055) B-3 CONDITIONAL USE PERMIT NO. 94-39/NEGATIVE DECLARATION NO. 94-22 (BOWEN COURTS): APPLICANT: City of Huntington Beach, Economic Development Department LOCATION: 1968 Lake Street (southeast corner at Yorktown Avenue). PROJECT PLANNER: Wayne Carvalho Conditional Use Permit No. 94-39 and Negative Declaration No. 94-22, represent a request by the Huntington Beach Department of Economic Development, to construct a new, 23 unit, two (2) story, senior apartment project on a vacant 0.75 net acre site in the Yorktown Lake Redevelopment Project Area. All 23 units will be restricted to very low income seniors, earning an income less than 50% of the Orange County median. The request includes a 33% density bonus to allow six (6) units above the maximum 17 permitted by code, and exceptions to parking and private open space requirements. STAFF RECOMMENDATION: The density bonus and relaxed development standards can be supported because of the long term affordability on the property for very low income seniors. State Law requires cities to adopt density bonus ordinances as an incentive for providing affordable housing. The City of Huntington Beach has an ordinance in effect that specifies these requirements. The project's design, including site layout and building architecture are compatible with the surrounding uses. The preservation of a future transportation corridor and the long term affordability conforms with the goals and policies of the General Plan. Staff recommends the Planning Commission approve the senior project with the density bonus, and exceptions for reduced parking and reduced private open space, based upon the following: ♦ The use is consistent with the goals and policies contained in the Housing Element of the General Plan by providing affordable housing for seniors. The project will provide 23 long term affordable housing units for very low income seniors. ♦ The project is consistent with the General Plan Land Use designation of Residential Medium High Density on the subject property. ♦ With the recommended conditions imposed, the parking and access to the proposed senior project will not impact the adjacent single family residences or traffic flow on Lake Street. ♦ The project's site layout will preserve the potential transportation corridor along the eastern property line. PC Minutes - 8/13/96 13 (p=055) ♦ The design of the proposed building will be architecturally compatible with the Huntington Classics single family residential project also located in the Yorktown - Lake Redevelopment Project area. ♦ The senior project is compatible with the surrounding land uses, and will serve as a transitional area between the multi family projects to the north and east, and the single family residences to the south. Commissioner Kerins asked staff why the Redevelopment Agency chose this particular property for the project. Staff stated that State Law requires cities to adopt density bonus ordinances as an incentive for providing affordable housing, and the City has an ordinance in effect that specifies these requirements. This piece of property was the only site available in the area. THE PUBLIC HEARING WAS OPENED. Larry Kasulka, Ph.D., 1952 Lake Street, spoke in opposition to the request, concerned that this will have a negative impact on the value of his home. Carole Thomas, 1937 Pine, spoke in support of the project, stating that a senior apartment project would be a good neighboring use. Lawrence Hutchens, 1932 Park Street, spoke in support of the project. Steve Olim, 1931 Lake Street, spoke in opposition to the request, concerned that this will have a negative impact on the value of his home. Milton Inbody, 1921 Lake Street, spoke in opposition to the request, concerned that the density is too high. Carolyn Minton, 1925 Lake Street, spoke in opposition to the request, concerned that density is too high and there is inadequate parking. Bob Eck, 1927 Lake Street, spoke in opposition to the project, requesting that a decision be postponed until surrounding neighbors, developer and staff can meet and discuss the project. Maureen Wirtz, 1928 Pine Street, spoke in opposition to request, concerned that a senior apartment complex will be unable to handle the upkeep of the property. Tony Chimento, 1918 Lake Street, spoke in opposition to the request, concerned that density is too high and there is inadequate parking. Beric Christianson, 1941 Lake Street, spoke in opposition to the request, concerned that density and traffic volume will be too high. PC Minutes - 8/13/96 14 (p=055) J THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed a continuance for this item in order to notify more property owners and meet with them and the developer to discuss an alternative project, or denial of the project to give the developer an opportunity to revise the project by reducing density. A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO DENY MITIGATED NEGATIVE DECLARATION NO. 94-22 AND CONDITIONAL USE PERMIT NO. 94-39 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 94-39: 1. The granting of Conditional Use Permit No. 94-39 for a 23 unit, two (2) story senior apartment project for very low income seniors, which includes a 33% density bonus (6 units above the max. 17 units permitted under the present zoning), and reduction in parking and private open space requirements will be detrimental to the general welfare of persons working or residing in the vicinity. The project's high density of 30 units/acre is higher than the surrounding area which consists of multi -family projects to the north and east, and single family residences to the south. In addition, the project will create negative traffic impacts to the Yorktown/Lake area. 2. The parking for the senior residential apartment project is not compatible with surrounding single family residential homes. The proposed project only provides 23 on -site parking spaces for 23 units where 25 spaces are required by code. In addition, the use of the property for affordable senior housing at a density of 30 units/acre is not compatible with the adjacent single family residences. PC Minutes - 8/13/96 15 (p=055) B-4 ANNUAL REVIEW AND MONITORING REPORT - DOWNTOWN PARKING MASTER PLAN: APPLICANT: City of Huntington Beach LOCATION: Downtown Specific Plan (area generally bounded by Pacific Coast Highway, Acacia Street, Second Street, and Sixth Street). PROJECT PLANNER: Herb Fauland On June 1, 1995, the revisions and update to the Downtown Specific Plan (DTSP) commonly referred to as the "Village Concept" became effective. As part of the revisions, a shared parking concept was prepared for the core area of Main St. The shared parking concept is referred to as the Downtown Parking Master Plan (DTPMP). The DTPMP includes provisions that require the plan be reviewed on an annual basis and a monitoring report be sent to the Planning Commission, City Council and the Executive Director of the California Coastal Commission The review and monitoring report contained herein is the first annual report on the DTPMP. The review was conducted from June 1, 1995 to June 1, 1996. STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept as adequate and complete the annual review and monitoring report of the Downtown Parking Master Plan and forward to the City Council for their review. 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 KERINS, SECOND BY SPEAKER, TO ACCEPT AS ADEQUATE AND COMPLETE THE ANNUAL REVIEW AND MONITORING REPORT OF THE DOWNTOWN PARKING MASTER PLAN AND FORWARD TO THE CITY COUNCIL FOR THEIR REVIEW, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED PC Minutes - 8/13/96 16 (pcm055) C. CONSENT CALENDAR C-1 PLANNING_ COMMISSION MINUTES DATED JUNE 11, 1996 A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 11, 1996, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: Holden, MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 INFORMATIONAL REPORT ON THE REVIEW OF CONDITIONAL USE PERMIT NO. 95-93/ VARIANCE NO. 95-28 (BMWK AUTO): APPLICANT: Nabil Kahale LOCATION: 7412 Talbert Avenue (south side, approximately 250 feet east of Gothard Street) PLANNER ASSIGNED: Wayne Carvalho On March 12, 1996, the Planning Commission conditionally approved Conditional Use Permit No. 95-93 and Variance No. 95-28, a request to permit an existing 1,585 square foot industrial building addition to an existing automotive repair facility, and a reduction in the required number of parking spaces and landscaping. Condition of Approval No. 10 required a three (3) month review and a six (6) month review to assess the progress on specific conditions of approval. On June 11, 1996, the Planning Commission received and filed the three month review report; the six month review will be scheduled for the September 10, 1996 Planning Commission meeting. At the July 9, 1996 Planning Commission meeting, the Commission requested a status report on the compliance of conditions. Staff has completed the review and is forwarding the information to the Planning Commission. No action is required at this time. PC Minutes - 8/13/96 17 (p=055) STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept and file the information report on the review of Conditional Use Permit No. 95-93 and Variance No. 95-28. Commissioner Kerins stated that Robert Cronk raised a number of issues during Oral Communications and requested staff to record those issues and provide a response. Staff stated that they would. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO ACCEPT AND FILE THE INFORMATION REPORT ON THE REVIEW OF CONDITIONAL USE PERMIT NO. 95-93 AND VARIANCE NO. 95-28, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMSANOUIRIES Commissioner Livengood - questioned staff about the code violation that was issued to Dilday Mortuary located at 17911 Beach Boulevard. He said that they were cited for replacing a panel on their sign that had been vandalized. Commissioner Livengood stated that they had received a strong note requiring them to bring the sign into compliance by obtaining a Special Sign Permit. He stated that this would put a tremendous hardship on the property and requested that it be brought before the Planning Commission to review at the next meeting. Commissioner Kerins - asked staff for an update regarding the illegal sign on Pacific Coast Highway and 3rd Street for parking. Staff stated they would have the report for the next meeting. Commissioner Sneaker - questioned staff as to how they could develop a process of notification that would ensure better receipt of public hearing notices. Commissioner Livengood - suggested that a sub -committee be formed to evaluate the current process for public hearing notification and ways in which to improve the system. Commissioner Biddle - appointed Commissioner Livengood and Commissioner Speaker to the sub -committee and asked staff to follow up with a meeting. PC Minutes - 8/13/96 18 (p=055) F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions taken at the previous, City Council meetings. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - reviewed the items for the August 27, 1996, Planning Commission meeting.. G. ADJOURNMENT -Adjourn to the August 27, 1996, Planning Commission meeting. A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO ADJOURN TO A 5:30 PM STUDY SESSION ON AUGUST 27, 1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman, Tillotson ABSTAIN: None MOTION PASSED /kjl APPROVED BY: H d Zelefsky, reta Planning Commission Chairperson PC Minutes - 8/13/96 19 (p=055)