Loading...
HomeMy WebLinkAbout1997-05-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 13, 1997 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Agenda Review) MAJOR PROJECT STATUS (5:30-6:00 PM) - Herb FaulandlScott Hess SIGN CODE AMENDMENT UPDATE (6:00-6:30 PM) - Wayne Carvalho/Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A P P P P P P ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker - AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to speak. No action can betaken by the Planning Commission on this date, unless the item is agendized Any one wishing to speak on items not on tonight `s agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 96-79NARIANCE NO. 96-27 REVISED (TWO STORY, SPLIT LEVEL HOUSEI: APPLICANT: Gilda Keshavarzian LOCATION: 18741 Jockey Circle (at the terminus of Jockey Circle, southwest of Ellis Avenue and Saddleback Lane) PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 96-79 and Variance No. 96-27 (Revised) were referred by the City Council on appeal. They represent a request by Gilda Keshavarzian to construct a 8,587 sq. ft. two-story, 35 ft. high single family residence with variances to permit a eight (8)-foot rear yard setback in lieu of minimum 50 ft. and to exceed the maximum two foot cut and fill grading limitation. The proposed structure will be on a lot which currently has a grade differential of three feet between the high and low points on the site. The revised plan reflects concerns raised during the Planning Commission's public hearing on December 17, 1996, at which time the Planning Commission denied a request for a three story dwelling. This revised plan eliminates the need for the original height variance. The property is located at the terminus of Jockey Circle, west of Saddleback Lane within the Ellis-Goldenwest Specific Plan area. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 96-79 and Variance No. 96-27 for the following reasons: ♦ The project is consistent with the purpose of the Specific Plan and the goals and objectives of the General Plan. ♦ The design of the proposed two story, three level dwelling conforms to the natural land form because it is terraced to the site. ♦ The two story, three level dwelling is compatible with one and two story homes within the Ellis-Goldenwest Specific Plan area. ♦ Balcony projections comply with residential infill privacy design standards. ♦ The two story, three level dwelling does not visually impact adjacent properties. ♦ The revision to the previously approved site plan does results in a better project. Commissioner Chapman stated he would be abstaining from taking action on the item due to a conflict of interest. PC Minutes - 5/13/97 2 (97p=513) THE PUBLIC HEARING WAS OPENED. Connie Mandic, 16242 Tisbury Circle, spoke in opposition to the request. Ms. Mandic stated the I subject property is a split level lot and a split level home should be built to maintain the topography and the intent of the specific plan. I Janelle Marks, 6752 Derby Circle, spoke in opposition to the request. Ms. Marks stated that their property to the north is a split level lot and they were required to build it by the codes, she felt this proposal should also meet code requirements. Mark Nitikman, 3172 Brimhall Drive, Los Alamitos, attorney representing Janelle Marks, stated that granting this request would be a special benefit to the applicant. Mr. Nitikman stated that the lot is split level and therefore, a split level home should be built. Janet Christiano, 18752 Jockey Circle, spoke in opposition to the request. Ms. Christiano stated that when she bought an adjacent split level lot she was told that a split level home had to be built, and feels the applicant should have to comply with the same rules. Bahram Kasravi, 9594 Nightingale, applicant, stated that they have been working with staff for the past six (6) months to arrive at an acceptable plan. He stated that the proposed house will be the same height as the neighbor's homes. J.13. Zarinafsar, 2182 Dupont Drive, #224, Irvine, architect for the project, stated that if a split level home were built, the front of the home along the cul-de-sac, would be one (1) story, while the surrounding homes have two (2) story frontages, creating incompatibility with the surrounding homes. He also stated that the four (4) foot balconies depicted on the plans were not to scale, they are actually two (2) foot balconies. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO DENY CONDITIONAL USE PERMIT NO. 96-79 AND VARIANCE NO. 96-27 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: Chapman MOTION PASSED PC Mnutes - 5/13/97 3 (97p=513) I I I FINDINGS FOR DENIAL - CONDMONAL USE PERMIT NO. 96-79: Conditional Use Permit No. 96-79 for construction of a 8,587 square foot, two story, split three level dwelling on a site with a grade differential of more than three feet between the high point and the low point and for a substantial revision to a previously approved site plan will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. Architectural design of the proposed two story, split three level dwelling emphasizes bulk and mass on the site and visually impacts adjacent properties. The revision to the previously approved site plan does not result in a better project. 2. Conditional Use Permit No. 96-79 for will not be compatible with surrounding residential uses. The structural design of the proposed two story, split three level dwelling appears to be a three story, 45 foot high dwelling along the north and west elevations. There are no three story dwellings within the Specific Plan area which is developed with one- and two-story dwellings. Balcony projections intrude on adjacent properties' privacy. 3. The proposed two story, split three level residential use does not comply with the provisions of the base district in which it is located and other applicable provisions in Titles 20-25 of the Huntington Beach ZSO (Zoning and Subdivision Ordinance), the Ellis-Goldenwest Specific Plan, and any specific condition required for the proposed use in the district in which it would be located. The variance requests necessary for the establishment of the project have been denied. 4. The granting of the conditional use permit for the two story, split three level dwelling on a site with a grade differential of more than three feet between the high point and the low point and for a substantial revision to a previously approved site plan will adversely affect the General Plan. The project is not consistent with the Land Use Element designation of Low Density Residential, 3 Units per Acre, Specific Plan Overlay, on the subject property which prescribes the orderly development of a residential area. It is not consistent with the following policies: a. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. LU9.1.2 b. Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the: use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development and maintenance of privacy on abutting residences. LU9.2.1 PC Nfinutcs - 5/13/97 4 (97p=513) I FINDINGS FOR DENIAL - VARIANCE NO. 96-27: 1 . The granting of Variance No. 96-27 to allow (a) a reduction in the rear yard setback from 50 feet to 8 feet for balconies and 10 feet for the main dwelling, (b) a two story, split three level dwelling (appears as a three story, 45 foot high building along the north and west elevations), and (c) to exceed the maximum two foot cut and fill limitation (up to 6 foot cut and 7.25 foot fill) will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed project contrasts with the character of the neighborhood that has been developed to retain the natural terrain and comply with the maximum building height and setback requirements. 2. Although there are special circumstances applicable to the subject property, including shape, topography, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The purpose of the Ellis-Goldenwest Specific Plan development plan is to provide guidance for the orderly development of the area while preserving the natural topographical features to the greatest extent possible. The subject property has been provided with building pads to minimize the alteration of the natural terrain and will allow development in compliance with the Specific Plan. 3. The granting of a variance to allow (a) a reduction in the rear yard setback from 50 feet to 8 feet for balconies and 10 feet for the main dwelling, (b) a two story, split three level dwelling (appears as a three story, 45 foot high building along the north and west elevations), and (c) to exceed the maximum two foot cut and fill limitation are not necessary to preserve the ' enjoyment of one or more substantial property rights. Construction of a custom home can be accomplished within the area identified on the previously approved site plan or unit siting plan and within the maximum building height. 4. The granting of the variance requests will be materially detrimental to the public welfare or injurious to property in the same zone classification. The proposed project contrasts with the character of the neighborhood that has been developed to retain the natural terrain and comply with the maximum building height and setback requirements. The proposed project reduces the privacy of adjacent properties by the increased grade height, building height, and architectural design of the two story, split three level dwelling. PC Mnutes - 5/13/97 5 (97p=513) B-2 CONDITIONAL USE PERMIT NO. 97-20 (ROCKETS & POCKETS): APPLICANT: LOCATION: PROJECT PLANNER: Paul Roberts 19092 Beach Boulevard (east side of Beach Boulevard, south of Garfield Avenue) Susan Pierce Transmitted for Planning Commission consideration is a request by Paul Roberts to permit the continued operation of a 4,950 square foot family billiard center, Rockets & Pockets. Rockets & Pockets was established in 1988 following approval by the Planning Commission and City Council for an initial five-year period. A subsequent conditional use permit to allow beer sales became null and void due to the surrender of the Alcoholic Beverage Control Board license. This new conditional use permit allows the city to re-evaluate the use and revise the conditions of approval accordingly. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 97-20 for the following reasons: * The project is consistent with the Commercial General land use designation of the General Plan and with the Land Use and Economic Elements because it increase the type and variety of commercial activity in the City. * The project will not be detrimental to the general health, welfare and safety, or detrimental to the value of the improvements in the area because sufficient parking is provided for the proposed use and the existing uses within the commercial center. + Conditions of approval are suggested to minimize negative impacts on adjacent uses and to minimize police activity at the site. Staff stated that a letter had been received dated May 13, 1997, from the applicant requesting a continuance to the June 10, 1997, Planning Commission meeting due to a family emergency. Commissioner Livengood requested staff to include in the staff report for the June 10, 1997 meeting, a comparison of the previous conditions of approval for the request and the current staff recommended conditions. A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO CONTINUE CONDITIONAL USE PERMIT NO. 97-20 TO THE JUNE 10, 1997 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Mnutes - 5/13/97 6 (97p=513) C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 97-1 (EAST GARDEN GROVE- WINTERSBURG CHANNEL): APPLICANT: Orange County Flood Control District LOCATION: East Garden Grove-Wintersburg Channel from 1,348 feet downstream to 1, 145 feet upstream of Golden West Street Bridge. PROJECT PLANNER: Lana Carter General Plan Conformance No. 97-1 is a request by the Orange County Flood Control District to determine whether the improvements to the East Garden Grove-Wintersburg Channel are in compliance with the goals and policies of the General Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 1527, approving General Plan Conformance No. 97-1 with findings for approval. A MOTION WAS MADE BY SPEAKER, SECONDED BY CHAPMAN, TO ADOPT RESOLUTION NO. 1527 APPROVING GENERAL PLAN CONFORMANCE NO. 97-1 WITH FINDINGS FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: IngIee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 97-1: 1. The proposed improvements to the East Garden Grove-Wintersburg Channel ensure that the development is adequately served with public infrastructure and facilities by providing required level of flood protection. 2. The proposed improvements to the East Garden Grove-Wintersburg Channel are part of construction of public infrastructure and service improvements necessary to support the land uses specified in the Land Use Plan as defined in the Public Utilities Element of the General Plan. PC Nfinutes - 5/13/97 7 (97p=513) I 3. The proposed improvements to the East Garden Grove-Wintersburg Channel provide the necessary flood protection while protecting and preserving significant habitats of plant and wildlife species, including wetlands, for their intrinsic value. 4. The construction activities required by the project are not anticipated to have significant adverse impacts on existing wildlife resources. 5. The proposed improvements to the East Garden Grove-Wintersburg Channel include efforts which reduce urban storm water, including the use of best available runoff control management techniques in new development in conformance with the National Pollution Discharge Elimination System Standards (NPDES); 6. In developing the proposed project, Orange County coordinated with local, state, and federal agencies to ensure proper protection and/or enhancement of the City's open space resources. 7. In developing the proposed project, Orange County consulted with the California Department of Fish and Game and U.S.F.W.S. (See Negative Declaration No. IP 95-132, on file in the Community Development Department of the City of Huntington Beach.) 8. The proposed improvements to the East Garden Grove-Wintersburg Channel provide a flood control system which is able to support the permitted land uses while preserving the public safety; upgrade existing deficient systems; and pursue funding sources to reduce the costs of flood control provision to the City. 9. The proposed improvements to the East Garden Grove-Wintersburg Channel ensure that adequate storm drain and flood control facilities are provided and properly maintained in order to protect life and property from flood hazards. 10. The proposed improvements to the East Garden Grove-Wintersburg Channel upgrade and expand storm drain and flood control facilities. 11. The proposed improvements to the East Garden Grove-Wintersburg Channel represent coordination with County agencies to improve County's facilities. 12. The City of Huntington Beach Planning Commission does hereby resolve that the proposed improvements to the East Garden Grove-Wintersburg Channel from 1,348 feet downstream to 1, 145 feet upstream of Golden West Street Bridge, are in conformance with the goals and policies of the General Plan. PC Nfinutes - 5/13/97 8 (97p=513) C-2 PLANNING COMMISSION MINUTES DATED APRIL 22,1997 A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 22,1997, BY THE FOLLOWING VOTE: AYES: Chapman, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: Livengood MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/1NOUIRIES Commissioner Chapman - referred to Item 13- 1 on the Agenda, regarding the problem of the zoning code being updated leaving some previously approved lots unable to build to current code. Staff stated that on these lots they will accept the previous code requirements if applicant chooses to build to the approved site plan. Commissioner Ketins - asked staff to include in the staff report an alternative action section that stated the Planning Commission can continue an item instead of denial to allow the applicant to redesign. Staff stated that the section is already included in the staff report. Commissioner Livengood suggested that it be put on the front page with the Recommendation section. Commissioner Kerins requested staff to investigate the blighted vacant lots on Pacific Coast Highway between 5th and 8th Streets. He asked staff to take steps to contact the property owners of these properties to determine their intent to upgrade within the next year, in order to coincide with the building of Pier Plaza. Staff stated they would report back. Commissioner Kerins asked staff if a response had been received from Public Works regarding the ability to add street numbers to street signs. Dave Webb, Public Works stated he had contacted the Traffic Division and was awaiting their analysis. He stated he would report back when he received the analysis. Commissioner Kerins requested staff to investigate the maintenance of school site parking lots that are adjacent to park sites. He would like to see the maintenance and repair of the parking lots coordinated to coincide with each other. Dave Webb, Public Works, stated he would contact Community Services and report back. PC Nfinutes - 5/13/97 9 (97p=513) I Commissioner Tillotson - requested staff to investigate whose responsible for cleaning public sidewalks along Main Street. She stated that starting at the second block they are not very clean. Dave Webb, Public Works, stated he would report back. Commissioner Tillotson asked staff if it was legal to have plastic banner signs on fences advertising banquet rooms and services for an indefinite amount of time. Staff stated it was not. Commissioner Tillotson stated she would like to discuss such a sign with staff after the meeting. Commissioner Tillotson asked staff if the City could encourage business owners to put large numbers on their buildings to allow potential customers to find the business. Staff stated that new businesses must conform to the six (6) inch high number requirements, but established businesses will continue to have substandard height. Commissioner Biddle suggested that the Fire Department on their annual business inspections require the non- conforming business numbers to increase their sign number height to the required six (6) inches. Commissioner Tillotson asked staff if landscaping could be put in along the Flood Control Channel on the west side of Bolsa Chica Road. Dave Webb, Public Works, stated he would report back. Commissioner Livenzood - stated that on May 14, 1997, State and Federal Agencies will be at the Huntington Beach Central Library from 3:00 - 6:00 PM and 7:00 - 10:00 PM to hear public comments regarding the Bolsa Chica wetland area. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Senior Planner - restated actions taken at the previous City Council meeting and discussed upcoming items. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - reviewed the items for the May 27, 1997, Planning Commission meeting. PC Nfinutes - 5/13/97 10 (97p=513) I G. ADJOURNMENT - Adjourn to the May 2 7,199 7 Planning Commission meeting. A MOTION WAS MADE BY TILLOTSON, SECONDED BY BIDDLE, TO ADJOURN TO A 5:30 PM STUDY SESSION ON MAY 27,1997, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED /kj I APP 0 BY: H�4UZeiefsk�, 1�cretaO Aanning Conunis—slo-n d4rperson PC Mnutes - 5/13/97 11 (97pcm513)