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HomeMy WebLinkAbout1996-08-27MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 27,1996 STUDY SESSION - 5:30 PM (Agenda Review) GENERAL PLAN CONFORMANCE FOR 1996/97 CAPITAL IMPROVEMENT - Brian James REDEVELOPMENT PLAN AMENDMENT/MERGER - Stephen Kohler REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P 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. NONE A_motion _was made by Livengood, seconded by Biddle, to move public hearing Item B-4 to the front of the agenda. The motion passed 7-0. Please note that the minutes will reflect actions taken in the regularly scheduled order. B. PUBLIC HEARING ITEMS B-1 TENTATIVE TRACT NO. 14659(R)/CONDITIONAL USE PERMIT NO 9292�) (SHERWOOD TRACT REVISION) (CONTINUED FROM THE AUGUST 13,1996, PLANNING COMMISSION MEETING 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, re-routing of a pedestrian access trail, 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. On August 13, 1996, the Planning Commission voted 3-2 on a motion to approve the project. The motion failed for lack of four affirmative votes, and the item was continued to the meeting of August 27, 1996. 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 development standards of 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 and the City's Housing Element because it increases the type and variety of housing in the City. Commissioner Gorman stated he would be abstaining from voting on this item as he had been absent at the previous meeting when it was discussed and had not viewed the tape. Commissioner Tillotson stated that although she had been absent from the previous meeting she had viewed the tape and was prepared to take action on this item. PC Minutes - 8/27/96 2 (p=056) THE PUBLIC HEARING WAS RE -OPENED. Bill Holman, PLC Land Company, 23 Corporate Plaza Drive, #250, stated that this project is located in a RL-3 designation of the Holly-Seacliff Specific Plan which allows up to 310 residential units, the existing approved tentative tract map includes 244 residential lots and complies with such requirements for density, lot size and frontage. Mr. Holman stated that the proposed revision reduces the density by increasing lot frontage and lot size on 90 lots (38% of the total lots) in the subdivision. He feels the plans as revised are superior to the existing approved plans, and concurs with staff s report and suggested conditions of approval. Suzanne Beukeme, 9052 Christine, representing FANS, spoke in support of the revised plans. She stated the revision will lower the density and is consistent with setback requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED. Commissioners' Biddle and Kerins were concerned that this project is building to minimal requirements and standards and could not support the rear yard and garage setbacks. Other Commissioners felt that these revisions reduce density on an already approved project. If the revisions were denied, the applicant could still build the approved higher density project. So it was their feeling that the less dense project would be better. A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO DENY TENTATIVE TRACT NO.14659(R) AND CONDITIONAL USE PERMIT NO. 92- 47(R) WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle NOES: Holden, Livengood, Tillotson, Speaker ABSENT: None ABSTAIN: Gorman MOTION FAILED PC Minutes - 8/27/96 3 (p=056) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE TENTATIVE TRACT NO.14659(R) AND CONDITIONAL USE PERMIT NO.92-47(R) WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Tillotson, Speaker NOES: Kerins, Biddle ABSENT: None ABSTAIN: Gorman MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 92-47(R) 1. The revision to Conditional Use Permit No. 92-47, including the elimination of ten lots and perimeter wall heights along Goldenwest Street and Ernest Avenue of approximately eight to 11 feet 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 subdivision and the revision to delete ten lots will increase the size of 90 of the lots and provide a mix of housing options in the City of Huntington Beach. The proposed project is compatible with the surrounding existing residential housing which is primarily single family detached. The perimeter walls will separated from the street by a 15 foot wide landscape area that will minimize the impact of the walls' height. In addition, there is a 17 acre open space area which consists of 1.6 acres of riparian wetland and a four acre split-level neighborhood park. This open space area will be available to the public and will provide a beneficial amenity to the City of Huntington Beach. 2. The revised 234 lot subdivision will comply with the provisions of Planning Area II of the Holly Seacliff Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed units meet all development standards of the Specific Plan. 3. Conditional Use Permit No. 92-47R for will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential. In addition, it is consistent with the following goals and policies of the General Plan: a. Housing Element which requires a mix of housing types and affordable housing. b. Circulation Plan in the Holly Seacliff Master Plan and the Holly Seacliff Specific Plan which is the systematic execution of the General Plan. PC Minutes - 8/27/96 4 (p=056) FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO 14659.(R1• 1. Tentative Tract Map No. 14659(R) is consistent with the General Plan and conforms to the Holly Seacliff Specific Plan. 2. The 60 acre site is physically suitable for the type and density of development. A mass grading plan has been issued which will modify the terrain and create proper drainage for the subdivision. The design of the subdivision and the revision will not cause serious health problems or substantial environmental damage. All potential impacts have been addressed by Final Environmental Impact Report No. 89-1. 3. The design of the subdivision will not conflict with public access easements. The subdivision will provide public access to the 17 acre open space area located within the tentative tract. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO 92-47(R): 1. The site plan and fencing plan dated July 25, 1996 and floor plans and elevations dated June 20, 1996 shall be the conceptually approved layout with the following modifications: a. The minimum interior side yard setback for Lot No. 119 shall be 10 feet. b. A common landscape area shall be provided along Ashley Drive adjacent to Lot No. 103. c: The common landscape areas, located between a side yard and a street shall generally extend from side yard fence (perpendicular to the rear yard) to rear property line. d. An interpretative kiosk for the restored wetlands area shall be located at the junction of the trail system, approximately 200 feet south of the lift station. e. The pedestrian access trail off of Ellis Avenue, shall be located east of the desilting basin and connect into the main trail system. 2. All other previous conditions of approval shall remain in effect. 3. Rear walls that face onto the open space/park areas shall be eight inches of concrete curb and five feet, three inches of wrought iron. 4. Prior to issuance of grading permits, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater Permit for construction activities from the Regional Water Quality Control Board. Evidence that the permit has been obtained shall be submitted to the City Engineer, Department of Public Works. (PW) PC Minutes - 8/27/96 5 (pcm056) 5. Prior to final inspection, any existing overhead utilities shall be installed underground. (PW) CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO 14659(R�: 1. The tentative tract map received and dated July 24, 1996 shall be the approved layout with the following modification. a. A common landscape area shall be provided along Ashley Drive adjacent to Lot No. 103. b The common landscape areas, located between a side yard and a street shall generally extend from side yard fence (perpendicular to the rear yard) to rear property line. c. The pedestrian access trail off of Ellis Avenue, shall be located east of the desilting basin and connect into the main trail system. 2. All other previous conditions of approval shall remain in effect. 3. The minimum curb grade on Ernest Avenue shall be 0.50 %. If this cannot be accomplished, a storm drain line will be required. (PW) 4. The following shall be dedicated to the City of Huntington Beach: (PW) a) A public access easement, within the private streets, for park access purposes. b) The upper park site in fee title. c) Access rights in, over, across, upon and through private streets within said tract for the purposed of maintaining, servicing, cleaning, repairing and replacing the water system. d) An easement for Police and Fire Department access over the private streets. B-2 COASTAL DEVELOPMENT PERMIT NO.96-12NARIANCE NO 6-11 (KELTER RESIDENCE APPLICANT: Richard P. & Kelly J. Kelter LOCATION: 119-22nd Street(west side of 22nd Street between Walnut Avenue and Pacific Coast Highway). PROJECT PLANNER: PC Minutes - 8/27/96 Jane Madera (p=056) Coastal Development Permit No. 96-12 and Variance No. 96-11 is a request by Richard and Kelly Kelter to construct a 2,725 square foot, three story, single family residence near the southwest corner of Walnut Avenue and 22nd Street. The applicants have included a variance request to exceed the maximum height limitations allowed by code. The variance is to allow a height of 32 feet, 6 inches to the midpoint of the roof in lieu of the. maximum 30 feet. The variance is requested because the height of the vacant lot is approximately three (3) feet higher than the highest adjacent grade. STAFF RECOMMENDATION: Staff recommends approval of the proposed three story house with height variance for the following reasons: ♦ The structure will not impede public access to any coastal resources. ♦ The height variance will not impact any public views of coastal amenities. ♦ The colors and materials of the proposed structure are compatible with other structures in the area and with the Downtown Design Guidelines. ♦ The topography of the existing lot is almost three feet higher than the surrounding alley height and creates a hardship for the applicant to maintain proper drainage and access into the garage. ♦ The portion of the house that exceeds the maximum height is a small area of the entire structure and is located in the very middle of the lot in order to maintain proper ceiling height for the third story. ♦ The third story portion that exceeds the maximum height is only 18 feet, 8 inches long compared to the total length of the house of 82 feet. ♦ The location of the third story structure in the middle of the lot creates less potential impacts to adjoining property owners as privacy in front and rear yards is maintained. ♦ A multi -family project in the same location would be permitted a maximum height of 35 feet to the midpoint of the roof instead of the maximum 30 foot height allowed for single family dwellings. ♦ If the overall height of the house was measured from the top of the existing grade instead of from the top of the adjacent sidewalk, the proposed structure would comply with the height requirements. ♦ The project can meet the guidelines for infill lot development. ♦ The existing developed property to the south of the proposed structure is also a three story home with a similar pad height to the proposed project. THE PUBLIC HEARING WAS OPENED. Dick Kelter, 5442 Old Pirate Lane, applicant, urged the Commission to support the request and stated he was available to answer any questions. Vernon D. Hall, 216-22nd Street, spoke in opposition to the request because approval may set a height precedent for future homes in this area. PC Minutes - 8/27/96 7 (pcm056) Marvin Wright, 303-21st Street, spoke in support of the request stating that this variance will allow the applicant to build his house to the same height as the existing residences in the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners were concerned that if this residence was given a variance it would be taller than the existing buildings and set a precedent for future building in the area. Staff explained that this lot has an existing grade approximately three (3) feet higher than the grade of the sidewalk adjacent to the site. In cases such as this, the height of the structure is measured from the height of the highest adjacent curb. Therefore, the three (3) feet of existing fill takes away from the overall height of the house. In order to maintain proper drainage and access into the garage from the alley without leveling the grade of the existing property, the applicant is requesting a variance to exceed the maximum allowable height in the very middle of the structure. Staff stated that if approved this residence will not exceed the height of the adjacent residences that were constructed under the previous Downtown Specific Plan, which had a different method for measuring height. The Commission requested that a condition be added toensure that the proposed building not be higher than the existing residence to the southwest of the site. They also requested a finding to state that the reason for the granting of this variance would be unique to this block. A MOTION WAS MADE BY TILLOTSON, SECONDED BY GORMAN, TO APPROVE COASTAL DEVELOPMENT PERMIT NO.96-12 AND VARIANCE NO.96-11 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Gorman, Tillotson, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 96-12: 1. Coastal Development Permit No. 96-12 for the construction of a 2,725 square foot, three story, single family dwelling, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. Both the General Plan and the Local Coastal Program permit and promote the development of single family residential units in this area. The project has been designed in keeping with the development guidelines contained in the infill lot PC Minutes - 8/27/96 8 (pcm056) ordinance by proposing a similar pad height as the adjacent single family residence, by proposing windows that do not effect privacy issues, and by using variations in the front yard setbacks. PC Minutes - 8/27/96 9 (pcm056) f, J 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code with the exception of maximum height for which the applicant has applied for a variance. The project meets or exceeds all requirements for minimum setbacks, maximum site coverage, minimum parking, maximum floor area ratio, etc. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure necessary to serve the site are in place with the exception of public improvements to curbs, gutters, and sidewalk repair and/or construction that the applicant will be responsible for. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not interfere with public access to any coastal amenity. FINDINGS FOR APPROVAL - VARIANCE NO 96-11• 1. The granting of Variance No. 96-11 to permit a 32 foot, 6 inch height to the midpoint of the roof in lieu of the maximum 30 foot height for a proposed single family residence on the block bounded by Pacific Coast Highway, 22nd Street, 23rd Street, and Walnut Avenue will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Although the midpoint of the roof is proposed higher than what the code permits, the overall height of the structure to the peak of the roof complies with the maximum 40 foot height allowed for roof line treatment and architectural features. In fact, the overall height of the home at its highest peak is 34 feet. In addition, the project will not exceed the height of the adjacent house to the southwest. 2. Because of special circumstances applicable to the subject property, including topography, 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. There is a three (3) foot grade differential between the existing sidewalk along the lot frontage and the alley at the rear of the lot. The variance allows for proper grading to ensure adequate storm water run-off and proper vehicle access into the garage. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The variance will allow the property owner to construct a single family dwelling similar to other residences on the block bounded by Pacific Coast Highway, 22nd Street, 23rd Street and Walnut Avenue. PC Minutes - 8/27/96 10 (p=056) 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The portion of the structure which requires the height variance is only 18 feet, six inches of the total 82 foot length of the home and is located in the center of the lot. The location in the center of the lot protects privacy of both the front and rear yards of the adjacent home and does not block any views from adjacent properties. The proposed home is similar to other three story homes built in the neighborhood and the proposed finished floor height is very similar to the finished floor height of the adjacent home to the southwest. The project has also been designed in keeping with the development guidelines for infill lot construction with regard to window location and design, proposed pad height, and variation in the front setback. The project is conditioned such that the structure cannot exceed the height of the existing residence to the southwest of the site. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of High Density Residential on the subject property because the General Plan permits and promotes the development of a variety of housing types in this zone. CONDITIONS OF APPROVAL -COASTAL DEVELOPMENT PERMIT NO.96-12/VARIANCE NO.96-11: 1. The site plan, floor plans and elevations received and dated August 2, 1996 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials as approved by the Design . Review Board on July 11, 1996. b. Rain gutters and downspouts should be colored and textured to match the proposed structure. c. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. d. The proposed building shall not be higher than the existing residence to the southwest of the site. The building elevations shall depict the elevation including midpoint and maximum building height with dimensions from top of curb of the adjacent residence. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions 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). PC Minutes - 8/27/96 11 (pcm056) 1 b. All Fire Department requirements shall be noted on the building plans. (FD). PC Minutes - 8/27/96 12 (pcm056) 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 4. Prior to issuance of building permits, the following shall be completed: a. Submit a 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 to the Department of Community Development. b. A grading plan shall be submitted to the Department of Public Works for review and approval. This plan, in addition to grading, shall include all of the required off -site improvements. (PW) A Landscape and Irrigation Plan shall be submitted to the Department of Public Works for review and approval by the Park, Tree, and Landscape Division. (PW) d. Dedicate the following to the City of Huntington Beach (PW) (Code Requirement): 1) 2.50 feet off of the rear of the subject property adjacent to the alley. e. Provide documentation from a certified engineer that the proposed height will not exceed the height of the existing residence to the southwest of this site. 5. Prior to final building permit inspection, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping; 2) Remove existing sidewalk and replace with 8 foot wide full width sidewalk. (Join the existing sidewalk at 117 22nd Street; (PW) 3) Remove existing AC curb and replace with concrete curb and gutter realigned to 29.50 feet from the centerline of 22nd Street. (Join the existing curb and gutter at 117 22nd Street); (PW) 4) Remove one half existing alley and construct new AC alley with a concrete alley gutter. (Join the existing alley and alley gutter at 117 22nd Street); (PW) 5) Construct paving as necessary to realign new curb and gutter. (4 inch AC over 6 inch AB minimum); (PW) PC Minutes - 8/27/96 13 (pcm056) 6) Install new water service. (PW) 7) Relocate existing parking meter. (PW) 8) Install new sewer lateral. (PW) 9) Install CATV facilities. (PW) 10) Note on Plans: The project will comply with all provision of the Huntington Beach Fire Code and City Specification #422, and 4431 for the abandonment of oil wells and site restoration. (FD) 11) Note on Plans: The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay districts. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. 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. 6. The Community Development Director ensures compliance with all conditions of approval herein. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Coastal Development Permit No. 96-12 and Variance No. 96-11 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 96-12 and Variance No. 96-11 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 - 8/27/96 14 (pcm056) 3. The Planning Commission reserves the right to revoke Coastal Development Permit No. 96-12 and Variance No. 96-11 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. (PW) 5. Traffic Impact Fees shall be paid at the time of final inspection. (PW) 6. An encroachment permit shall be required for all work within the right-of-way. (PW) 7. Park and Recreation fees shall be paid at issuance of building permits. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. 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, except as noted herein. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. B-3 CONDITIONAL USE PERMIT NO.96-40 (SOCAL RACEWAY: APPLICANT: Jim Blauvelt, SoCal Raceway LOCATION: PROJECT PLANNER: PC Minutes - 8/27/96 19118 Brookhurst Street (southeast corner of Brookhurst Street and Garfield Avenue). Laura Phillips 15 (pcn1056) Conditional Use Permit No. 96-40 is a request by Jim Blauvelt of SoCal Raceway to permit the sale of radio controlled off road vehicles and accessories, and the installation of two racing tracks for indoor model car racing. The proposed site is a vacant retail space in an existing shopping center. STAFF RECOMMENDATION: Staff is recommending approval of the project for the following reasons: ♦ The proposed use will be compatible with surrounding residential uses and with existing commercial tenants in the shopping center. ♦ The on -site parking and circulation comply with the requirements of the zoning ordinance. ♦ The proposed use complies with the General Plan designation of General Commercial on the site. THE PUBLIC HEARING WAS OPENED. Jack Jakosky, 503-32nd Street, Newport Beach, representing applicant, stated his concurrence with staff s report with the exception of hours of operation. He requested to change the hours of operation closing time to Saturday - Monday at 10:00 PM, Tuesday - Thursday at 10:30 PM and Friday at 11:00 PM. Commissioner Biddle asked Mr. Jakosky if all noise would be contained inside the building. Mr. Jakosky stated that it would. Commissioner Kerins asked Mr. Jakosky to compare this proposed site to the one on Brookhurst and Adams. Mr. Jakosky deferred the question to Jim Blauvelt, who stated that they would similarly cater to clients with the big qualifier cars, that cost several hundred dollars. Mr. Blauvelt also stated that this type of business attracts a good group of people and the business will be good neighbors to the surrounding area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed allowing the proposed request to close at 11:00 PM every night with the condition that a six (6) month review be held to determine if this has caused any problems with the adjacent residents. PC Minutes - 8/27/96 16 (p=056) A MOTION WAS MADE BY GORMAN, SECONDED BY TILLOTSON, TO APPROVE CONDITIONAL USE PERMIT NO.96-40 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 96-40: 1. The establishment, maintenance and operation of the facility for the retail sale and indoor racing of radio controlled model vehicles 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 activity is indoors and will not impact adjacent residents, and adequate parking is provided to accommodate the use within the shopping center. 2. Conditional Use Permit No. 96-40 for the retail sale and indoor racing of radio controlled model vehicles will be compatible with surrounding uses because it is consistent with the general retail nature of the shopping center where it is located, and will not create noise, traffic or other adverse impacts that will adversely affect adjacent residential property. 3. The proposed use will comply with the provisions of the 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. 4. The granting of the conditional use permit for the retail sale and indoor racing of radio controlled model vehicles 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 policy of the General Plan: LU10.1.6 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 PC Minutes - 8/27/96 17 (pcm056) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO 96-40• 1. The site plan, floor plans, and elevations received and dated June 7, 1996 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. If outdoor lighting is included, 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. b. 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. c. Fire Department requirements shall be noted on the building plans: 1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire Department prior to installation. The system will provide the following: a) water flow, valve tamper and trouble detection; b) audible alarms 2) 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. 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 4) Fire lanes will designated and posted to comply with City Specification #415. 5) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers for the building will be a minimum of ten inches with a brush stroke of one and one-half (1-1/2) inches. 6) 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. Low level exit signs will be included. PC Minutes - 8/27/96 18 (pcm056) 3. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. All improvements shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. c. 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. 4. 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) b. The facility shall close no later than 11:00 p.m. 5. A six (6) month review shall be conducted by staff to determine if any complaints have been received regarding the hours of operation. If there are violations or complaints, a report shall be submitted to the Planning Commission for their review. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. All applicable Public Works fees shall be paid. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 2. 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. 3. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-40, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 5. Conditional Use Permit No. 96-40 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. 6. This conditional use permit shall not become effective for any purpose until the ten day appeal period has elapsed. PC Minutes - 8/27/96 19 (pcm056) I I-7 L I B-4 ZONING TEXT AMENDMENT NO.95-6 (SIGN CODE REWRITE APPLICANT: City of Huntington Beach LOCATION: PROJECT PLANNER: City-wide. Wayne Carvalho Zoning Text Amendment No. 95-6 is a request initiated by the City Council to amend Section 233 51ns of the City's Zoning and Subdivision Ordinance. Due to the scheduling of an additional study session requested by the Planning Commission, staff recommends the public hearing for the Zoning Text Amendment be continued to the September 10, 1996, Planning Commission meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Zoning Text Amendment No. 95-6 to the September 10, 1996, Planning Commission meeting. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY GORMAN, TO CONTINUE ZONING TEXT AMENDMENT NO.95-6 TO THE SEPTEMBER 10, 1996, PLANNING COMMISSION MEEETING, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR NONE D. NON-PUBLIC HEARING ITEMS NONE PC Minutes - 8/27/96 20 (pcm056) E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Livengood - stated that he was in contact with a citizen who is trying to move an auto repair business. He stated he would like to work with staff on this project to try to streamline the process and also to help the Planning Commission understand the time involved with these minor applications. Commissioner Kerins - questioned staff regarding the Study Session discussion on the chain link fence that was installed on the Bolsa Chica bluff top. He asked staff if this was City Council approved and should this type of action come before the Planning Commission. Staff stated they would have a report prepared. Commissioner Tillotson- asked staff if they knew what the white barrels floating off of Bolsa Chica State Beach were. Staff stated they would investigate and report back. Commissioner Biddle - asked staff if there were any plans to widen Ward Street between Yorktown and Garfield where it bottlenecks. Commissioner Gorman stated that the land is currently Southern California Edison right-of-way and action was being taken to dedicate or buy this right-of-way for future widening. Commissioner Livengood - requested that the Chairman represent the Commission at the City Council meeting when the Bowen Court appeal was heard. Commissioner Kerins - requested that staff initiate a Zoning Text Amendment that would propose a requirement for eight (8) foot high walls along arterial highways. 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 and discussed upcoming items. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - reviewed the items for the September 10, 1996, Planning Commission meeting. PC Minutes - 8/27/96 21 (p=056) 1 G. ADJOURNMENT - Adjourn to the September 10,1996, Planning Commission meeting at 5:30 PMfor a Study Session. A MOTION WAS MADE BY BIDDLE, SECONDED BY GORMAN, TO ADJOURN TO A 5:30 PM STUDY SESSION ON SEPTEMBER 10,1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl AP ROVED BY: rd Zelef ky, ecretary Planning Commission/Chairp rs PC Minutes - 8/27/96 22 (p=056)