HomeMy WebLinkAbout1997-11-1211
1
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
WEDNESDAY, NOVEMBER 12,1997
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 4:45 PM
FIRE SPRINKLER DEMONSTRATION (4:45 - 5:15 PW - Duane Olson
DINNER BREAK (5:15 - 5:45 PM)
SOB ORDINANCE (5:45 - 6:15 PM - Scott Field
TENTATIVE TRACT MAP NO. 15531/CONDITIONAL USE PERMIT NO.97-65/
VARIANCE NO.97-22 (CAPE ANN RESIDENTIAL PROJECT (6:15 - 6:30 PM) - Mary
Beth Broeren
PLANNING COMMISSION PROTOCOL (6:30 - 6:40 PM) - Scott Hess
AGENDA REVIEW (6:40 - 7:00 PM) - Scott Hess
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P 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.97-36 (HUNTINGTON HARBOUR BAY CLUB
GATE) (CONTINUED FROM THE SEPTEMBER 9.1997):
APPLICANT: Chuck I. Shyker
LOCATION: 4165 Warner Avenue (northwest of Warner Avenue and Edgewater
Lane)
PROJECT
PLANNER: Amy Wolfe
Conditional Use Permit No. 97-36 represents an original request by Chuck I. Shyker, on behalf
of the Huntington Harbour Bay Club Homeowner's Association (applicant), to allow ingress and
egress via Edgewater Lane and install a twenty three (23) ft wide, five (5) ft high, electronically
controlled gate at 4165 Warner Avenue (Huntington Harbour Bay Club). The proposal is
anticipated to divert and add a segment of the traffic generated by the 36 unit Huntington
Harbour Bay Club condominium project to the residential area north and east of the project site.
On September 9, 1997, the Planning Commission considered the subject proposal and voted to
continue the item to the November 12, 1997 Planning Commission meeting and directed staff to
evaluate alternative solutions that may resolve issues associated with traffic impacts from the
Huntington Harbour Bay Club condominium site to adjacent single family residential area.
More specifically, staff was directed to analyze potential access alternatives and provide a report
on the following:
1. Traffic count history for Warner Avenue.
2. Projected traffic volume estimates following development of Bolsa Chica.
3. Potential future road alignments) and traffic signal installation(s) under consideration in
conjunction with the Bolsa Chica development.
4. Existing access to the condominium site.
5. Funding opportunity for a new traffic signal related to bonds associated with the
condominium project
6. Costs and alternative financing for a new traffic signal.
During the public testimony segment of the September 9, 1997 Planning Commission hearing
adjacent neighborhood residents objected to providing the additional access requested siting
concerns and issues associated with potential traffic increase, accidents and impacts to the
quality of life on Edgewater Lane and Courtney Lane.
PC Minutes - 11/12/97 2 (97PC1112)
The Department of Public Works prepared a report in accordance with the direction given by the
Planning Commission. The findings of the report are as follows:
• Following the growth period of the 1960's through 1985, Warner Avenue traffic volumes
between Pacific Coast Highway and Algonquin Street have stabilized in the range of 27,000
vehicles per day. Future development is not predicted to significantly change that condition.
• Based on traffic counts, the maximum number of cars exiting the project site (36 unit condo
project and approximately 85 marina parking spaces) in one hour was determined to be 30
vehicles.
• Based on field observations, the waiting time exiting the subject site varies from 3 seconds
to 52 seconds, with an average waiting time of 24 seconds, during the morning peak hour of
traffic.
• The construction bonds associated with the Huntington Harbour Bay Club condominium
project were retired one year after construction was completed and approved.
• There are no unallocated funds available in the current city budget to construct a new traffic
signal at this location. The subject location does not appear on the "Traffic Signal
Installation and Modification Priority List" recently approved by the City Council.
• A search of the accident history at the Huntington Harbour Bay Club condominium
driveway location found no recorded traffic accidents in a three (3) year period.
• Construction costs for a new traffic signal at the Warner Avenue driveway serving the
Huntington Harbour Bay Club is estimated to be $130,000. Annual operating and
maintenance costs are estimated to be $1,200 per year.
The report identified the following four alternative project solutions:
Alternative 41 - An exit only gate onto Edgewater Lane.
Alternative #2 - Installation of a traffic signal at the main entry to the Huntington Harbour Bay
Club site.
Alternative #3 - Right turn & U-turn at the new Bolsa Chica project intersection.
Alternative #4 - Median island modification on Warner Avenue at the Huntington Harbour Bay
Club entrance to permit left turns into the project site for eastbound traffic on
Warner Avenue and prohibit left turns out of the project site onto Warner
Avenue.
The above information and access alternatives were presented to twenty-five (25) property
owners residing in the immediate project vicinity and other interested parties during a
community workshop meeting on November 5, 1997.
During the meeting the project applicant and the majority of the residents considered and
discussed issues associated with each of the alternatives. Several residents mutually agreed to
propose for consideration and approval by the Planning Commission the following solution:
Alternative #5 - Permit emergency access only (ingress and egress) onto Edgewater Lane and
provide control for allowing emergency access via the existing gate to the
Huntington Harbour Bay Club Association president.
PC Minutes - 11/12/97 3 (97PC1112)
This solution would permit access to and from the project site via Edgewater Lane only in
situations when Warner Avenue access is impeded e.g. an accident at Warner Avenue entrance
inhibiting access to and from the Huntington Harbour Bay Club condominium site. The HOA
president would have the ability to unlock the chain at the driveway to allow for such access.
Moreover, City staff agreed to investigate and verbally report during the November 12, 1997
Planning Commission hearing on a solution to provide a "pocket car lane" along the centerline
of Warner Avenue to allow for eastbound turning movements on Warner Avenue without having
to negotiate westbound and eastbound traffic at once.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve Conditional Use Permit 97-36 for
emergency purposes only (Alternative No. 5) with findings and suggested conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Chuck Shyker, 4165 Warner Avenue, applicant, stated that they had modified the plan to suggest
a pocket lane on Warner Avenue and also have a key available for the gate in case of an
emergency.
Gerald Urner, 3962 Humboldt Drive, Huntington Harbor Property Owners Association
(HHPOA), stated that he had been provided with a summary of the meeting held to discuss
alternative actions. He stated that he would concur with the extension of a two (2) way turn lane
on Warner Avenue from the west with no hard center median; no traffic signal because a signal
will be installed when the Mesa Connector is built; and a second lock on the Edgewater Lane
gate in the event of an emergency. Mr. Urner stated that the City must clarify what constitutes an
emergency and if one (1) violation occurs the agreement would be nullified.
Barbara Develin, 17156 Edgewater Lane, HHPOA, stated that her alternative solution would be
to make the exit a right turn exit only, continue on Warner Avenue and make a turn where the
bus sits by the beach and come back up Warner Avenue.
John W. Cronn, 17232 Courtney Lane, stated that he was in concurrence with Gerald Urner's
suggestion.
Dr. Joseph Schwartz, 17188 Edgewater Lane, he suggested that the 20 feet between the walkway
behind the condominium closest to the Bay Club and the fence on Warner and the 20 feet
between the decking around the pool and fence be used by paving a fourteen foot wide strip in
this area so it can be used as a one-way street. This will allow the condominium owners to exit
at the entrance in front of the Bay Club in case of an emergency. When the Mesa Connector is
built, the exit can be moved so that it will be aligned with it as it intersects with Warner Avenue.
PC Minutes - 11/12/97 4 (97PC1112)
1
Larry Weisenthol, 17031 Courtney Lane, spoke in opposition to the request. He stated that a
traffic signal is not warranted, emergency access key should be provided to the Police
Department Substation and the Marina traffic should be counted as they would also use the
proposed Edgewater Gate.
Debbi Snedden, 17178 Courtney Lane, stated that she agreed with the previous speakers
comments.
William Mathews, 19091 Courtney Lane, spoke in opposition to the request stating that the
Warner Avenue exit should be "right turn only" for the condominium owners safety.
Dr. Ben, 17099 Edgewater Lane, stated that a key to the proposed gate would be a solution but
where to keep it must be decided.
John A. Damm, 4165 Warner, #301, Huntington Harbor Bay Club Homeowners Association
(HHBC HOA), stated that a professional study had shown that a limited access gate to Edgewater
Lane would have minor traffic impacts to Courtney Lane. He supported the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed the alternative with staff and felt that a denial was necessary for the
following reasons:
The Fire Department is within .75 miles to respond to emergency opening of the gate for
egress/ingress traffic.
The traffic counts estimated to the year 2020 do not justify ingress/egress via Edgewater
Lane.
The Marina parking lot provides safety for vehicles if there is a delayed Fire Department
response.
The pedestrian ingress/egress is adequate in case of a natural disaster.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO DENY
CONDITIONAL USE PERMIT NO.97-36 WITH FINDINGS FOR DENIAL, BY THE
FOLLOWING VOTE:
AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes - 11/12/97
(97PC 1112)
FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.97-36:
1. Conditional Use Permit No. 97-36 allowing ingress and egress to the Huntington Harbour
Bay Club Condominiums via Edgewater Lane 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. The proposed access will increase traffic on the adjacent
single family residential area causing disruption to the neighborhood. When the
condominium project was built, there was a condition on the conditional use permit
restricting the use of the Edgewater Lane driveway for emergency purposes only.
2. The conditional use permit for secondary access from the condominium project to Edgewater
Lane will not be compatible with surrounding uses. The gate will result in additional traffic
on the surrounding single family residential streets adversely impacting the neighborhood.
Traffic count projection on Warner Avenue to year 2020 do not justify ingress/egress via
Edgewater Lane.
3. The existing (Warner Avenue) driveway for the Huntington Harbour Bay Club
Condominiums provides adequate ingress/egress to the project site in case of a natural
disaster. If such an emergency were to occur, it would be adequately addressed within City
established fire response time limits. A fire station is located within .75 miles of the project
site.
B-2 CONDITIONAL USE PERMIT NO.92-1(R) (WETLANDS AND WILDLIFE CARE
CENTER):
APPLICANT: Huntington Beach Wetlands Conservancy, c/o Gary Gorman
LOCATION: 21900 Pacific Coast Highway (northeast corner at Newland)
PROJECT
PLANNER: Ricky Ramos
Conditional Use Permit No. 92-1(R) is a request by the Huntington Beach Wetlands
Conservancy to amend their previous approval to allow the Wetlands and Wildlife Care Center
as a permanent use after being permitted as a temporary use for 3 years. The Wetlands and
Wildlife Care Center appears to be compatible with the character of the surrounding area and
establishing it as a permanent use does not seem to pose any significant land use concerns. The
granting of the conditional use permit will not adversely affect the General Plan because it is
consistent with the Land Use Element designation of Public on the subject property together
with its goals and policies.
PC Minutes - 11/12/97 6 (97PC1112)
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use Permit No. 92-1(R) for the following reasons:
• The permanent establishment, maintenance and operation of the Wetlands and Wildlife Care Center
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. It provides an
enriching educational and volunteer opportunity for the community. Landscaping will be installed
to screen the site and enhance the area.
• The granting of the conditional use permit will not adversely affect the General Plan. It is consistent
with the Land Use Element designation of Public on the subject property as well as goals and
policies pertaining to requiring appropriate landscaping that enhances a scenic highway and the
providing educational uses that support the needs of residents.
THE PUBLIC HEARING WAS OPENED.
Gary C. Gorman, PO Box 5903, Project Manager, gave a brief history of the request. Mr. Gorman stated
that he is in concurrence with Alternative Action "A" with modifications to reflect property owner in
lieu of developer for Condition No. 3.h., and remove the requirment for Eucalyptus trees and replace
with other types of trees that will not interfere with the power lines. Mr. Gorman also stated that they
will screen the project site but cannot and should not have to screen the Edison Power Plan.
The Commission asked Mr. Gorman about the time and funding projections. Mr. Gorman stated that
they project a three (3) year completion deadline, and funding is through donations and they currently
have some confirmed donors.
Carol Musselman, 618 Orchid, Corona Del Mar, center volunteer, spoke in support of the request.
Phil Smith, 19552 Ditmar, center volunteer, spoke in support of the request.
Marilyn Bohle, 3565 Windspun Drive, center volunteer, spoke in support of the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed the approval of revised Alternative Action "A" with the modifications to
reflect property owner in lieu of developer for Condition No. 3.h., remove the requirement for
Eucalyptus trees and replace with other types of trees that will not interfere with the power lines and
complete landscaping requirements and street improvements within two (2) years.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE
CONDITIONAL USE PERMIT NO.92-1(R) WITH FINDINGS AND MODIFIED CONDITIONS
OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes - 11/12/97 7 (97PC1112)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.92-1(R):
1. Conditional Use Permit No. 92-1(R) for the permanent establishment, maintenance and
operation of the Wetlands and Wildlife Care Center 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. It provides an enriching educational and
volunteer opportunity for the community. Landscaping which exceeds code requirements
will be installed to enhance the area.
2. The conditional use permit will be compatible with surrounding uses because it does not
appear to produce any impacts that are detrimental or incompatible with the character of the
area.
3. The proposed Wetlands and Wildlife Care Center will comply with the provisions of the 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. Landscaping and parking will be provided which exceeds code.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Public on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
a. Require that an appropriate landscape plan be submitted and implemented for
development projects subject to discretionary review (LU 4.1.2).
b. Achieve the development of a mix of governmental service, institutional, educational, and
religious uses that support the needs of Huntington Beach's residents (LU 13).
c. Encourage that all proposed building sites adjacent to a scenic highway include open
space, plazas, gardens, or landscape areas which enhance the enhance the scenic highway
and create a buffer between the building site and the scenic highway (CE 7.2.3).
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 92-IM:
1. The site plan, floor plans and elevations received and dated June 5, 1997 (revision date) shall
be the conceptually approved layout with the following modifications:
a. Handicap access shall be provided to all buildings.
b. Secondary access from Pacific Coast Highway shall be gated and posted "Emergency
Access Only" subject to review and approval by the Fire Department.
c. Designate an area to accommodate a minimum often (10) bicycle parking spaces.
PC Minutes - 11/12/97 8 (97PC1112)
d. Designate ultimate right-of-way line for Newland Avenue and Pacific Coast Highway
including the corner radius. All property improvements including signage and
landscaping shall be located within the project boundaries.
e. Relocate bus parking spaces to run parallel with Pacific Coast Highway.
f. The perimeter fence elevation shall depict colors and building materials as approved by
the Design Review Board.
g. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
h. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
i. All exterior mechanical equipment shall be screened from view on all sides. Equipment
to be screened includes, but is not limited to, heating, air conditioning, refrigeration
equipment, plumbing lines, ductwork and transformers. 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
showing screening must be submitted for review and approval with the application for
building permit(s). (Code Requirement)
j. 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.
k Include a trash enclosure per code.
1. Widen landscape planter along Pacific Coast Highway and Newland Street adjacent to the
parking are to a minimum of 15 feet in width.
in. Indicate all-weather surface for the parking lot and fire access lanes.
2. Prior to submittal for building permits, the following shall be completed:
a. Applicant shall obtain approval from Caltrans for construction of a secondary
"emergency access only" from Pacific Coast Highway to the site.
PC Minutes - 11/12/97 9 (97PC1112)
b. The site plan (or reference page) shall include all conditions of approval imposed on the
project printed verbatim.
3. Prior to issuance of building permits, the following shall be completed:
a. The project shall comply with mitigation measures identified in Mitigated Negative
Declaration No. 92-7 by obtaining design approval of the drainage culvert and siltation
pond system by the Department of Fish and Game and the Department of Public Works.
The project shall also maintain a minimum one hundred (100) foot buffer between the
project development and any wetlands area.
b. A grading plan shall be submitted to the Department of Public Works for review and it
must be approved (by issuance of a grading permit). A plan for silt control for all water
runoff from the property (no additional water to adjoining properties) during construction
and initial operation of the project may be required if deemed necessary by the Director
of Public Works.
c. Hydrology and hydraulic studies shall be submitted for Public Works approval.
d. All applicable Public Works fees shall be paid.
e. Submit copy of completed FEMA Elevation Certificate prepared by a registered engineer.
f. Elevations depicting colors and materials of all structures shall be reviewed and approved
by Department of Community Development staff.
g. 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 to the Department of
Community Development.
h. The Property Owner shall dedicate 20 feet of Newland Street adjacent to the project.
(PW) (Code Requirement)
4. Fire Department requirements are as follows:
a. Two (2) fire hydrants will be installed prior to combustible construction. Shop drawings
will be submitted to the Public Works Department and approved by the Fire Department
prior to installation.
b. Fire lanes will be designated and posted to comply with City Specification No. 415.
c. Address numbers will be installed to comply with City Specification No. 428. The size
of numbers will be the following: The number for the building will be sized a minimum
of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches.
PC Minutes - 11/12/97 10 (97PC1112)
1
d. Fire access roads will be provided in compliance with the Huntington Beach Fire Code
and City Specification No. 401. Including the circulation plan and dimensions of all
access roads (24' or 27' fire lanes, turnarounds and 17' by 45' radius turns.)
e. Length of lot requires second access to property on Pacific Coast Highway.
f. Parking lot and fire access lanes shall be paved with all weather driving surface.
5. 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. Prior to the issuance of any building permits or the continuation of any work on the site, the
applicant shall submit the following and complete the improvements as specified below:
a. Landscape construction drawings must be submitted to the Public Works Department and
for approval by the Community Development Department and the Parks, Trees and
Landscape Division of Public Works. The landscape construction set shall be prepared
and signed by a State licensed landscape architect and shall show all proposed/existing
plant materials (location, type, size and 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 232 of the Huntington Beach ZSO and the
conceptual landscape plan dated October 30, 1997 developed for the site to the approval
of staff. The landscape set must be approved by both departments prior to the issuance of
building permits. Soil percolation and agricultural suitability tests shall be conducted
prior to landscape plan preparation to determine suitable plant material selections and soil
planting preparations. Agricultural suitability and fertility tests plus tests for soil
sterilents and other harmful chemicals shall be included if the site is a former oil site,
railroad yard or lowland site. The landscape plans and installation shall comply with the
The width of the landscape planter along PCH and Newland Street adjacent to the parking
area shall be increased to 15 feet and include a 2 foot high berm. All code required trees
shall be Metrosideros 36-inch box trees. English Ivy shall be installed along the Ocean-
side base of the existing fence on the property line and shall be trained and expalliated
into the fence. All code -required landscaping (including the English Ivy) shall be
installed within two (2) years from approval of this entitlement.
Within two (2) years from approval of this entitlement, the applicant shall install all
landscaping in excess of code. All trees in excess of code shall consist of. Myoporum
Parvifolium with equal numbers provided at minimum 5 gallon and 15 gallon size, and
other trees which would not interfere with the power lines at minimum 15 gallon size.
The applicant shall also pursue the installation of ground covers in the unimproved
Caltrans right-of-way to the satisfaction of city staff.
b. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted
to the Department of Public Works for review and approval. (PW)
PC Minutes - 11/12/97 11 (97PC1112)
7. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
8. 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.
9. Prior to final building permit approval 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 replacement of the existing chain link
fence) to property shall be completed in accordance with the approved plans and
conditions of approval specified herein.
c Compliance will all conditions of approval specified herein shall be accomplished.
10. Building permits shall be obtained for the modular trailer installed without permits.
11. A review of the use shall be conducted in one (1) year of the issuance of Certificate of
Occupancy to verify compliance with all conditions of approval and applicable Articles of
the Huntington Beach Ordinance Code. If , at that time, there is a violation of these
conditions or code sections or adverse impacts, Conditional Use Permit No. 92-1(R) may
become null and void.
12. This conditional use permit shall not become effective for any purpose until the ten (10) day
appeal period has elapsed.
PC Minutes - 11/12/97 12 (97PC1112)
13. The Community Development Director ensures that all Conditions of approval herein are
complied with. 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 HBZSO.
14. The property owner shall meet the intent of Section 230.84 of the Huntington Beach
Municipal Ordinance pertaining to the construction of street improvements along the east
half of Newland Street. (PW) (Code Requirement)
15. The developer shall work with Edison to try and relocate underground the existing overhead
power lines along the project site.
16. The developer shall continue to comply with the conditions of approval for Variance No.
95-10.
INFORMATION ON SPECIFIC CODE REQUIREMENTS•
1. Conditional Use Permit No. 92-1(R) 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.
2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-1(R),
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.
3. All applicable Public Works fees shall be paid. The developer will be responsible for the
payment of any additional fees adopted in the "upcoming" Water Division Financial Master
Plan. (PW )
4. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW )
5. An encroachment permit shall be required for all work within the right-of-way. (PW )
6. A Certificate of Occupancy must be issued by the Department of Community Development
prior to occupying the building.
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, except as noted herein.
PC Minutes - 11/12/97 13 (97PC1112)
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 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 97 51/VARIANCE N0.97-23 (AMERICA'S
TIRE COMPANYI:
APPLICANT: America's Tire, c/o Irwin Pastemack Architects
LOCATION: 15672 Springdale Street (northeast corner at Edinger)
PROJECT
PLANNER: Ricky Ramos
Conditional Use Permit No. 97-51 and Variance No. 97-23 represent a request by America's Tire
Company to establish a tire sales and installation facility within an existing 7,781 square foot
tenant space in an existing shopping center located on the northeast corner of Springdale and
Edinger. The project includes a six foot high screen wall within the front yard setback and
restriping the parking area to include compact parking spaces. Variances are requested to reduce
the required landscape width along a segment of the Springdale frontage, and to not provide
landscaping and trees within the parking area.
The tire sales and installation facility will be compatible with the commercial and residential
uses in the area as conditioned. A report was submitted indicating that noise levels are expected
to meet code. The service bays facing the street will be adequately screened. Approval of the
use provides the benefit of improving the overall condition and appearance of the site. The use
will add vitality to the commercial center and provide an additional service to residents. The
variances do not appear to be justified because there are no unique circumstances to the property
and there are solutions that would allow compliance with code.
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use Permit No. 97-51 for the following reasons:
♦ The proposed project as conditioned is consistent with the Commercial Neighborhood land
use designation of the General Plan and its goals, objectives, and policies because it
encourages the modernization of and adds vitality to an existing commercial center, and adds
to the diversity of services available to the community.
♦ The use is compatible with the area and any potential visual and noise impacts are addressed.
PC Minutes - 11/12/97 14 (97PC1112)
♦ The project will comply with the Huntington Beach Zoning and Subdivision Ordinance,
including Chapter 231 (parking), Chapter 232 (landscaping), and Chapter 211 (commercial
districts).
♦ Allowing compact parking spaces will enhance the overall layout of the site and the general
appearance of the center by allowing the maximum number of parking spaces as well as
wider landscape planters along the street frontages.
Staff recommends denial of Variance No. 97-23 for the following reasons:
There are solutions that would allow the project to comply with code thereby preserving the
enjoyment of property rights. The site does not seem to have any unique circumstance to
warrant approval of the variances requested.
The granting of the variance will adversely affect the General Plan because it is inconsistent
with goals and policies that encourage extensive landscaping to buffer and better integrate
commercial uses with surrounding residential neighborhoods.
THE PUBLIC HEARING WAS OPENED.
Daniel Wainwright, 14631 Scottsdale Road, Scottsdale, AZ, applicant, gave a brief history of the
request. Mr. Wainwright stated that the proposed business will be an anchor for the center and will
revitalize and improve the community. He stated that the request had been approved by the Design
Review Board.
Youssef Ibrahim, 8202 Prestwick, representing property owner, spoke in support of the request
stating that it will help improve the blighted center.
Ron Holloway, 6001 Edinger Avenue, adjacent commercial business owner, spoke in support of
the request.
Sandi Berry, 6002 Royalist Drive, adjacent residential property owner, spoke in opposition to the
request stating that it would be an eyesore and create noise impacts.
Ramona Kuinius, 6022 Royalist Drive, adjacent residential property owner, stated that she had not
been notified of the hearing and is concerned that there may be noise impacts to the neighborhood.
Robert A. Larabell, 4727 E. Lafayette Blvd., #329, Phoenix, AZ, project acoustical engineer, stated
that he had studied the noise emanation and found that it will not have a significant impact on the
adjacent residents or businesses.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes - 11/12/97 15 (97PC1112)
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE
CONDITIONAL USE PERMIT NO.97-51 AND VARIANCE NO.97-23 WITH FINDINGS
AND MODIFIED CONDITIONS OF APPROVAL TO ALLOW THE REDUCED
LANDSCAPING ON SPRINGDALE AND NOT TO REQUIRE TREES IN THE PARKING
LOT AREA, BY THE FOLLOWING VOTE:
AYES: Livengood, Tillotson, Speaker
NOES: Inglee, Chapman, Kerins, Biddle
ABSENT: None
ABSTAIN: None
MOTION FAILED
A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO APPROVE
CONDITIONAL USE PERMIT NO.97-51 AND VARIANCE NO.97-23, WITH FINDINGS
AND MODIFIED CONDITIONS OF APPROVAL TO ALLOW THE REDUCED
LANDSCAPING ON SPRINGDALE AND TO REQUIRE TREES IN THE PARKING
AREA WITHIN TWO (2) YEARS FROM DATE OF APPROVAL, BY THE FOLLOWING
VOTE:
AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson
NOES: Speaker
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-51:
1. Conditional Use Permit No. 97-51 for the establishment, maintenance and operation of the
tire sales and installation facility, construction of a six foot high wall within the front setback,
and compact parking spaces 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. The project will provide for improvements to the overall appearance and
condition of the commercial center. It will add economic vitality to a struggling center and
provide an additional service to area residents. The proposed wall provides needed screening
for the service bays. The use of compact spaces maximizes the amount of parking and
landscaping that can be provided on the site.
2. The conditional use permit will be compatible with surrounding uses because of their
commercial character as well. Any impact to the adjacent residences appears to be mitigated.
The proposed service bay screen wall is properly integrated into the building design.
PC Minutes - 11/12/97 16 (97PC1112)
3. The proposed tire sales and installation facility will comply with the provisions of the 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, except for the single variance approved concurrently.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Commercial Neighborhood on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
a. Increase diversification of community and local commercial nodes to serve adjacent
residential neighborhoods (LU 8.1. Lc).
b. Require that developments be designed to convey a local neighborhood's character by
considering the inclusion of extensive landscape that should be used to visually extend
the character of surrounding residential neighborhoods (LU 10.1.10.e).
c. Encourage and assist existing and potential commercial owners to modernize and expand
their commercial properties (ED 2.4.1).
d. Require that parking areas of all commercial and industrial land uses, which abut
residential areas, to be buffered and shielded by walls, fences, or adequate landscaping
(N 1.4.3).
5. The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301, Class 1 of the CEQA Guidelines, because the project
involves the operation and minor alteration of existing structures and does not require further
environmental assessment
FINDINGS FOR APPROVAL - VARIANCE NO.97-23:
1. The granting of Variance No. 97-23 to allow a reduced width for a new proposed landscape
planter (4 feet in lieu of 6 feet for a 30 foot segment along Springdale Street) will not
constitute a grant of special privilege inconsistent with limitations upon other properties in
the vicinity and under an identical zone classification. There are other properties in the area
with substandard landscaping. In addition, the landscape planter along another portion of
Springdale Avenue is wider than the minimum six (6) feet required.
2. There are special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, which would cause the strict application of the zoning
ordinance to deprive the subject property of privileges enjoyed by other properties in the
vicinity and under identical zone classification. Approval of the variance will allow the
incorporation of similar architectural features found on the nearby car wash.
PC Minutes - 11/12/97 17 (97PC1112)
3. The granting of the variance is necessary to preserve the enjoyment of one or more
substantial property rights. It will allow for the use of a vacant suite as a tire sales and
installation facility.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification. It represents a minor reduction in the
required landscaping provided.
5. The granting of the variance will not adversely affect the General Plan because it is consistent
with goals and policies to encourage and assist owners of existing commercial properties to
expand and modernize their property.
6. The variance request for providing throughout the parking area one (1) tree for every ten (10)
parking stalls and five (5) percent of the perimeter landscaping area was denied because it
would constitute a grant of special privilege and be detrimental to surrounding properties. It
would deprive the public of a parking area fully screened and shaded by landscaping. It is
inconsistent with General Plan goals and policies that encourage extensive landscaping to
buffer and better integrate commercial uses with surrounding residential neighborhoods. In
addition, there have not been similar variances granted in the immediate area.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-51NARIANCE
NO.97-23:
1. The site plan, floor plans, and elevations received and dated October 20 ,1997 shall be the
conceptually approved layout with the following modifications:
a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code to the approval of staff. (Code
Requirement)
b. Include a detail of the new trash enclosures showing a six foot high masonry screen wall
on three sides with a solid screen gate. All trash enclosures shall not encroach onto
required drive aisles and fire lanes. (Code Requirement)
c. Modify the proposed screen wall along Springdale Street as necessary to comply with
visibility requirements for driveways (10 foot by 10 foot triangle). (Code
Requirement)
d. Depict all utility apparatus, such as but not limited to back now devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
PC Minutes - 11/12/97 18 (97PC1112)
e. All exterior mechanical equipment shall be screeiie'&from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. 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 showing screening must be submitted for review and approval with the application
for building permit(s). (Code Requirement)
f. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations for the tire facility. 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.
g. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting
shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the
site plan and elevations.
h. Depict light fixtures under the canopy.
i. Depict landscape area in accord with Section 232.08.c.
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).
b. Submit a revised site plan, floor plan, and elevations to the Community Development
Department for approval and inclusion in the entitlement file depicting the modifications
listed in Condition No. 1 above.
c. All Fire Department requirements shall be noted on the building plans as follows:
1) 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.
2) 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
24-hour supervision.
PC Minutes - 11/12/97 19 (97PC1112)
3) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards.
4) Fire lanes will be designated and posted to comply with City Specification No. 415
5) Address numbers will be installed to comply with City Specification #428. The
number for the building will be sized a minimum of six (6) inches with a brush stroke
of one and one-half (1.5) inches.
d. Submit a final parking lot striping detail which complies with Chapter 231 of the Zoning
and Subdivision Ordinance and Title 24, California Administrative Code to the approval
of staff. (Code Requirement)
e. A registered architect/engineer is required to design the plans and calculations for new
openings. One -hour construction occupancy separation is required between the service
bays and the office/retail area per table 3-13 of the 1994 UBC.
3. Prior to issuance of building permits, a Landscape Construction Set must be submitted to the
Department of Public Works and approved by the Departments of Public Works and
Community Development. The Landscape Construction Set shall include a landscape plan
for the entire site prepared and signed by a State Licensed Landscape Architect which
identifies the location, type, size and quantity of all existing plant materials to remain,
existing plant materials to be removed and proposed plant materials; an irrigation plan; a
grading plan; an approved site plan and a copy of the entitlement conditions of approval.
Planting areas within the parking lot shall be planted with palms due to limited rooting space
(minimum 4 square foot planters).
The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines except as approved pursuant to
Variance No. 97-23. The Water Ordinance No. 14.52, the "Water Efficient Landscaping
Requirements" apply for projects with 2,500 square feet of landscaping and larger. A
separate water meter and backflow prevention device shall be provided for the irrigation
system. Installation of required landscaping and irrigation systems shall be completed prior
to occupancy of the tire facility. All landscape irrigation and planting installation shall be
certified to be in conformance to the City approved landscape plans by the Landscape
Architect of record in written form to the City Landscape Architect prior to final landscape
inspection and approval. All landscape planting, irrigation and maintenance shall comply
with the City Arboricultural and Landscape Standards and specifications. (PW) (Code
Requirement)
4. Prior to final building permit inspection and approval, 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 Department of Community Development.
PC Minutes - 11/12/97 20 (97PC1112)
1
b. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including but not limited to parking lot
striping, and Fire Department requirements.
c. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
d. 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.
e. Install all required landscaping or post a bond (150% of landscaping valuation) per Public
Works approval to ensure that parking area landscaping will be installed within two (2)
years of entitlement approval.
5. The use shall comply with the following:
a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
b. Service roads and 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)
c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
d. All repair/service work shall be conducted entirely within the building.
e. Only the uses described in the narrative submitted shall be permitted (attached and dated
November 12, 1997).
f. Hours of operation shall be limited to between 8:30 AM to 6:00 PM, Monday through
Friday and 8:30 AM to 5:00 PM on Saturday.
g. Paging and music system speakers located or firing outside the building shall be
prohibited.
h. Truck deliveries shall be limited between the hours of 8:30 AM to 6:00 PM, Monday
through Friday and 8:30 AM to 5:00 PM on Saturday.
i. Use the Myers "quiet" Impact Wrench or comparable equipment with a sound power
rating of 72 dB or less which may result in decreased noise emissions.
j. Internal sound buffers shall be installed.
k. The work -bay doors shall be kept closed whenever possible.
PC Minutes - 11/12/97 21 (97PC1112)
6. The property owner shall consider implementing the same architecture on the rest of the
commercial center at such time that future entitlements are requested.
7. The Community Development Director ensures that all conditions of approval herein are
complied with. 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 HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 97-51 and Variance No. 97-23 shall not become effective until
the ten day appeal period has elapsed.
2. Conditional Use Permit No. 97-51 and Variance No. 97-23 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.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-51
and Variance No. 97-23, 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. The developer will be responsible for the
payment of any additional fees adopted in the "upcoming" Water Division Financial Master
Plan. (PW)
Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. A Certificate of Occupancy must be issued by the Department of Community Development
prior to occupying the building.
8. 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.
PC Minutes - 11/12/97 22 (97PC1112)
I
9. Construction shall be limited to Monday;. Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
10. 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-4 VARIANCE NO.97-11/COASTAL DEVELOPMENT PERMIT NO 97-23
(PIERWALK II) (APPEAL
APPLICANT: Tim Roberts, TNR Homes
LOCATION: 614-638 Main Street and 613-637 Lake Street (south of Palm Avenue
between Main and Lake Streets)
PROJECT
PLANNER: Peter Vanek
Variance 97-11 and Coastal Development Permit 97-23 represent a request by TNR homes to
develop 26 single family residential units which exceed the maximum site coverage of 50% by
approximately 5%. The applicant has approval from the Design Review Board to construct the
homes with an open lattice covered porch. The variance request has been initiated for the
purpose of constructing a solid roof structure over the covered porches. The variance was
processed through the Zoning Administrator and was denied with findings. The applicant has
appealed the decision of the Zoning Administrator to the Planning Commission for the following
reasons:
♦ The granting of 55 percent lot coverage is consistent with properties in the surrounding
vicinity.
• The covered front porches will enhance the aesthetics of the development and the
neighborhood and provide an enjoyable shaded open space area for the residents.
♦ The residential lots are long and narrow and constrain design of the units.
• The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zoning classification.
♦ The granting of the variance will not adversely affect the General Plan. The development is
consistent with the Land Use element designation for Mixed Use on the properties.
PC Minutes - 11/12/97 23 (97PC1112)
STAFF RECOMMENDATION:
Staff recommends approval of the variance and coastal development permit to exceed the site
coverage for the following reasons:
♦ The project is consistent with the goals and objectives of the General Plan, incorporating a
creative design that results in an attractive and viable residential area.
♦ The project is consistent with the Downtown Design Guidelines, encouraging pedestrian
circulation and providing visual interest at the street level.
♦ The project's design properly adapts to the surrounding land uses, and the site is physically
suitable for the proposed density of 15.15 units per acre.
♦ The project will not be detrimental to the general health, welfare and safety, nor detrimental
or injurious to the value of the property and improvements of the neighborhood or the City
in general.
• The project is compatible with the existing land uses and will be provided with the necessary
infrastructure.
♦ With the exception of the variance requested, the project meets or exceeds the residential
development standards of the Downtown Specific Plan, District No. 6.
♦ The project is consistent with the Local Coastal Program and will not alter or block views to
the shoreline or ocean nor limit public access to the shoreline.
THE PUBLIC HEARING WAS OPENED.
Tim Roberts, 130 McCormic Avenue, Costa Mesa, applicant, gave a brief history of the request
and stated that he had appealed the request because the 55 percent lot coverage is consistent with
properties in the surrounding vicinity and he feels it will enhance the aesthetics of the
development. He also stated that the Design Review Board had recommended approval to the
Zoning Administrator.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Commissioner Kerins, representative to the Design Review Board, informed the Commission that
the Design Review Board had recommended that the applicant pursue a variance for site coverage
to enable the covering of the porches with a solid roof.
A MOTION WAS MADE BY SPEAKER, SECONDED BY TILLOTSON, TO OVERTURN
THE ZONING ADMINISTRATOR'S ACTION BY APPROVING VARIANCE NO.97-11
AND COASTAL DEVELOPMENT PERMIT NO.97-23 WITH FINDINGS AND
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Inglee, Livengood, Kerins, Biddle, Tillotson, Speaker
NOES: Chapman
ABSENT: None .
ABSTAIN: None
MOTION PASSED
PC Minutes - 11/12/97 24 (97PC1112)
FINDINGS FOR APPROVAL - VARIANCE NO.97-11:
1. The granting of Variance No. 97-11 to allow solid roofed porches in lieu of a lattice roof
which will exceed the maximum site coverage of 50% by up to five percent for 26 single
family residences will not constitute a grant of special privilege inconsistent with limitations
placed upon other properties in the vicinity and under an identical zone classification.
Construction in the immediate vicinity includes structures with site coverage in excess of 50
percent. The proposed increased lot coverage pertains only to the covered porches which
have been conditioned to remain open and will not increase the dwelling area proposed for
the homes.
2. Because of special circumstances applicable to the subject property, including size and
location of surroundings, the strict application of the zoning ordinance is found to deprive the
subject property of privileges enjoyed by other properties in the vicinity and under identical
zone classification. The subject residential lots are long and narrow and constrain design of
the units, including architectural enhancements such as the covered porches. Other properties
in the surrounding area have been developed which exceed the 50 percent net site coverage
allowed.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The variance will provide a shaded outdoor open space area which will
allow property owners a recreational opportunity in their front yards and will provide
additional noise buffer from traffic noise emanating from the adjacent streets.
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 proposed covered porches will
enhance the aesthetics of the development and the surrounding neighborhood, in keeping
with the surrounding commercial and residential developments. The variance will not allow
for additional floor area.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of Mixed Use on the subject property. The residential
project will enhance the appearance of the area and will achieve a pedestrian -oriented,
"village -like" environment, a unified architectural character, and will provide highly
articulated facades. The scale and massing of structures will be consistent with the
downtown character and will encourage pedestrian activity.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-23
1. Coastal Development Permit No. 97-23 for the development project, as proposed, conforms
with the General Plan, including the Local Coastal Program.
PC Minutes - 11/12/97 25 (97PC1112)
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 except for site coverage
which exceeds the maximum allowable site coverage of 50 percent by approximately 5
percent.
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.
4. The development conforms with the public access and public recreation policies of Chapter 3
of the California Coastal Act.
CONDITIONS OF APPROVAL - VARIANCE NO.97-11/COASTAL DEVELOPMENT
PERMIT NO.97-23:
1. The site plan dated November 5, 1997 and floor plans and elevations received and dated
August 15, 1997, shall be the conceptually approved layout with the following modifications:
a. Planting shall be installed in the rear yard setback area along the alley of each lot.
b. Motion sensor lighting shall be installed on the rear building elevation of each lot.
2. The front covered porches shall not be enclosed nor shall side walls be added pursuant to a
covenant that shall be recorded on the property. The covenant shall be submitted to the
Community Development Department for review and shall be recorded prior to final building
permit approval.
The Community Development Director ensures that all conditions of approval herein are
complied with. 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 Zoning
Administrator'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 HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Variance No. 97-11 and Coastal Development Permit No. 97-23 shall not become effective
until the ten day appeal period has elapsed.
2. Variance No. 97-11 and Coastal Development Permit No. 97-23 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 of 30 days prior to the expiration date.
PC Minutes - 11/12/97 26 (97PC1112)
3. The Planning Commission reserves the right to revoke Variance No. 97-11 and Coastal
Development Permit No. 97-23, 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. 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.
5. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and federal holidays.
B-5 ZONING TEXT AMENDMENT NO 97-4 (ADULT BUSINESSES)•
APPLICANT: City of Huntington Beach
LOCATION: Industrial Districts within the City of Huntington Beach which meet the
locational criteria. The industrial zoning districts include; Industrial
Limited (IL) and Industrial General (IG).
PROJECT
PLANNER: Herb Fauland
Transmitted for Planning Commission approval is Zoning Text Amendment (ZTA) No. 97-4, a
city initiated request to amend the applicable chapters and provisions of the Huntington Beach
Zoning and Subdivision Ordinance regulating sex oriented (sometimes know as "adult")
businesses. The amendment will remove sex oriented businesses from the Commercial Districts
and allow sex oriented businesses in the General Industrial (IG) and Limited Industrial (IL)
Districts. The proposed amendment will also require sex oriented businesses to be at least 750
feet from any other sex oriented business, and at least 500 feet from any school, church, park, or
recreational facility, and any parcel zoned Residential Low (RL), Residential Medium (RM),
Residential Medium High (RMH), Residential High (RH), or Manufactured Home Park (RMP).
STAFF RECOMMENDATION:
Staff is recommending the Planning Commission approve Zoning Text Amendment No. 97-4
with findings and forward the recommendation to the City Council.
Haydee Tillotson stated that she would be abstaining from taking action on this request pursuant
to the Planning Commission By-laws.
Scott Field, Deputy City Attorney, presented the staff report and late communications.
PC Minutes - 11/12/97 27 (97PC1112)
THE PUBLIC HEARING WAS OPENED.
James Fast, 15522 Computer'Lane, spoke in opposition to the request stating the mix in uses
would be detrimental to the community. He also stated that some industrial areas are too close to
school sites which would allow for the sex oriented businesses.
Kathy Kurjan, spoke in opposition to the request stating concern regarding the detrimental
secondary effects of the use. Ms. Kurjan stated that she lives in close proximity to an area
designated as an allowed use area, if it must pass, condition the uses to be 1,000 feet apart in lieu
of 750 feet.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed approval of the request with the following modifications:
Any sex oriented business shall be 1,000 feet from another sex oriented business.
No signage visible from Primary, Major or Secondary Arterial Street.
Add: Notice of Application submittal requirement (1,000 ft. radius and publish in
newspaper).
Notice of Decision requirement (1,000 ft. radius and publish in newspaper).
A MOTION WAS MADE BY BIDDLE, SECONDED BY INGLEE TO APPROVE
ZONING TEXT AMENDMENT NO.97-4 WITH FINDINGS AND MODIFIED
REQUIREMENTS TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING
VOTE:
AYES: Inglee, Chapman, Kerins, Biddle, Speaker
NOES: Livengood
ABSENT: None
ABSTAIN: Tillotson
MOTION PASSED
FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.97-4:
1. Zoning Text Amendment No. 97-4 to amend the Huntington Beach Zoning and Subdivision
Ordinance Chapter 204, Use Classifications, Chapter 211, Commercial Districts, Chapter
212, Industrial Districts, Chapter 231, Off -Street Parking and Loading Provisions, and
Chapter 236, Non conforming Uses and Structures regulating sex oriented (adult) businesses
is consistent with the objectives, policies, general land uses and programs specified in the
General Plan.
PC Minutes - 11/12/97 28 (97PC1112)
The zoning text amendment is consistent with the goals and policies of the Land Use Element
of the General Plan. ZTA No. 97-4 will allow sex oriented businesses in the Industrial
Districts subject to locational and distance requirements to sensitive uses, other sex oriented
businesses and existing industrial land uses in the Industrial Districts. ZTA No. 97-4
provides a zoning review process and regulations which address issues of adequate setbacks,
building heights, parking, landscaping, signing, etc.
2. A community need is demonstrated for the change proposed. The proposed amendments
provides the zoning provisions necessary to regulate sex oriented (adult) businesses. The
Planning Commission, in adopting ZTA No. 97-4 takes legislative notice of the existence and
content of the following studies concerning the adverse secondary side effects of Sex
Oriented Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona
(1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma
(1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982 &
1992); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California
(1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977);
Dallas, Texas (1997). The Planning Commission finds that these studies are relevant to the
problems addressed by the City in enacting this ordinance to regulate the adverse secondary
side effects of Sex Oriented Businesses, and more specifically finds that these studies provide
convincing evidence that:
(a) Sex Oriented Businesses are linked to increases in the crime rates in those areas in which
they are located and in surrounding areas.
(b) Both the proximity of Sex Oriented Businesses to sensitive land uses and the
concentration of Sex Oriented Businesses tend to result in the blighting and deterioration
of the areas in which they are located.
(c) The proximity and concentration of Sex Oriented Businesses adjacent to residential,
recreational, religious, educational and other Sex Oriented Business uses can cause other
businesses and residences to move elsewhere.
(d) There is substantial evidence that an increase in crime tends to accompany, concentrate
around, and be aggravated by Sex Oriented Businesses, including but not limited to an
increase in the crimes of narcotics distribution and use, prostitution, pandering, and
violence against persons and property. The studies from other cities establish convincing
evidence that Sex Oriented Businesses which are not regulated as to permissible locations
often have a deleterious effect on nearby businesses in residential areas, causing, among
other adverse secondary effects, an increase in crime and a decrease in property values.
PC Minutes - 11/12/97 29 (97PC1112)
3. The adoption of ZTA No. 97-4 will be in conformity with public convenience, general
welfare and good zoning practice. Based on the foregoing, the Planning Commission of the
City of Huntington Beach finds and determines that special regulation of Sex Oriented
Businesses is necessary to ensure that their adverse secondary side effects will not contribute
to an increase in crime rates or to the blighting or deterioration of the areas in which they are
located or surrounding areas. The need for such special regulations is based upon the
recognition that Sex Oriented Businesses have serious objectionable operational
characteristics, particularly when several of them are concentrated under certain
circumstances or located in direct proximity to sensitive uses such as parks, schools,
churches, thereby having a deleterious effect upon the adjacent areas. It is the purpose and
intent of these special regulations to prevent the concentration of Sex Oriented Businesses
and thereby prevent such adverse secondary side effects.
(a) The locational requirements established by this ordinance do not unreasonably restrict the
establishment or operation of constitutionally protected Sex Oriented Businesses in the
City of Huntington Beach, and a sufficient reasonable number of appropriate locations for
Sex Oriented Businesses are provided by this ordinance.
(b) In developing this ordinance, the Planning Commission has been mindful of legal
principles relating to regulation of Sex Oriented Businesses and does not intend to
suppress or infringe upon any expressive activities protected by the First Amendments of
the United States and California Constitutions, but instead does enact content -neutral
time, place, and manner regulations that effectively address the adverse secondary effects
of Sex Oriented Businesses. The Planning Commission, has considered decisions of the
United States Supreme Court regarding local regulation of Sex Oriented Businesses,
including but not limited to: Young v. American Mini Theaters. Inc., 427 U.S. 50 (1976)
Reh. Denied 429 U.S. 873; Renton v; Playtime Theaters, 475 U.S. 41 (1986) Reh. Denied
475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S.215 (1990); Barnes v. Glenn Theater,
111 S.Ct. 2456 (1991); United States Court of Appeals 9th Circuit decisions, including
but not limited to: Topanga Press. et al. v. City of Los Angeles, 989 F.2d 1524 (1993);
several California cases including but not limited to: City of National City v. Wiener, 3
CalAth 832 (1992); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of
Vallejo v. Adult Books.et al., 167 Cal.App.3d 1169 (1985); and other federal cases
including Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255, Hang
On. Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v. Commission on Adult
Entertainment (3rd Cir. 1993)10 F.3d 123, International Eateries v. Broward County
(I lth Cir. 1991) 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779
F.2d 1074.
(c) Zoning, licensing and other police power regulations are legitimate, reasonable means of
accountability to help protect the quality of life in the community of Huntington Beach
and to help assure that all operators of Sex Oriented Businesses comply with reasonable
regulations and are located in places that minimize the adverse secondary effects which
naturally accompany the operation of such businesses.
PC Minutes - 11/12/97 30 (97PC1112)
(d) The Planning Commission of the' City ' of `1 Turitington Beach recognizes the possible
harmful effects on children and minors exposed to the effects of such Sex Oriented
Businesses and the deterioration of respect for family values, and the need and desire of
children and minors to stay away from and avoid such businesses, which causes children
to be fearful and cautious when walking through or visiting the immediate neighborhood
of such businesses; and the Planning Commission desires to minimize and control the
adverse secondary side effects associated with the operation of Sex Oriented Businesses
and thereby protect the health, safety, and welfare of the citizens of Huntington Beach;
protect the citizens from increased crime; preserve the quality of life; preserve property
values and the character of surrounding neighborhoods and businesses; deter the spread
of urban blight and protect against the threat to health from the spread of communicable
and sexually transmitted diseases.
4. The above referenced studies, particularly the Garden Grove study completed in 1991,
indicate that the appropriate minimum distance to mitigate the harmful secondary effects of
sex oriented businesses is 1,000 feet. However, the existing land use pattern and zoning
districts in the City of Huntington Beach do not provide any areas where sex oriented
businesses can locate at least 1,000 feet away from a residential zones as well as from other
sensitive uses such as parks, schools and churches and synagogues. In particular, the
commercial zone where sex oriented businesses are presently permitted allows for only a 200
foot minimum distance between the lot line of residential zoned property and the building of
the sex oriented business. While the current zoning allows for a sufficient number of sites to
meet constitutional standards, it places sex oriented businesses too close to residentially
zoned property, and in particular, permits the parking lot of such businesses to be adjacent to
the residential property even though the building may be 200 feet away. The above
referenced studies and court cases indicate that frequently, the pernicious behaviors
associated with sex oriented businesses, such as sex related crimes, and narcotics use, occurs
in the parking lot of these businesses.
PC Minutes - 11/12/97 31 (97PC1112)
5. In order to better mitigate the harmful secondary effects of sex oriented businesses and still
meet constitutional standards for providing an adequate number of sites available to sex
oriented businesses, the zoning district in which sex oriented businesses are to be allowed has
been moved to the industrial zone of the City. While still providing a sufficient number of
sites to meet constitutional standards, the City was only able to increase the distance between
residential properties and other sensitive uses from sex oriented businesses to 500 feet,
measured from lot line to lot line. This form of measurement takes into account the parking
area of sex oriented businesses. Although it does not meet the 750 foot distance requirement
recommended by most studies, the Commission finds that in the industrial zone, the large
industrial buildings located in between the sensitive uses and the sex oriented businesses
provide additional buffering between the uses. Further, in order to provide reasonable
alternative avenues of communication for sex oriented uses, the City has reviewed the parcels
that would be permitted to be used for sex oriented businesses, and has identified certain lots
that are only a few feet less than 500 feet from sensitive uses. In these cases, although the
lots do not meet the minimum 500 foot separation, by approving a map identifying such lots,
the City is permitting sex oriented businesses to locate on these lots based on the expectation
that the large industrial buildings will help mitigate the loss of the few feet short of the
minimum distance separation.
6. Because adverse secondary effects are not mitigated as effectively at 500 feet from sensitive
uses as they are at 750 or 1,000 feet, in order to further mitigate the adverse effects, the City
is requiring that any buildings facing major, primary and secondary arterials that houses a sex
oriented business, must have the signage and the facade or entrance of the sex oriented
business facing a different direction.
7. In order to further mitigate the harmful secondary effects of sex oriented businesses, the
ordinance establishes an amortization period for non conforming uses currently occupying
locations in the commercial zones of the City. Although case law allows such uses to be
amortized in one year or less, the ordinance permits a three year amortization period with
possible one year extensions (maximum extensions of five years) based on sufficient
evidence of extreme hardship.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED SEPTEMBER 23,1997
The September 23,1997Planning Commission minutes were continued to the December 9,
1997 Planning Commission meeting.
PC Minutes - 11/12/97 32 (97PC1112)
D. NON-PUBLIC HEARING ITEMS
D-1 ENTITLEMENT PLAN AMENDMENT NO.97-22 (CANNES POINT
RESIDENTIAL PROJECT):
APPLICANT: Mark Jacobs
LOCATION: Triangular parcel bounded by Main Street, Garfield Avenue and
Huntington Street.
PROJECT
PLANNER: Wayne Carvalho
Entitlement Plan Amendment No. 97-22 represents a request by Mr. Mark Jacobs, managing
partner of Three Corners Partners LLC, to amend the previously approved site plan, floor plans
and elevations of a 29 unit single family residential subdivision commonly referred to as Cannes
Pointe. The revision consists of three new house plans, which are comparable with the floor
areas and heights of the previously approved plans. The proposed amendment does not involve
any revision to the approved tract map, including lot lines, street and landscape sections.
STAFF RECOMMENDATION:
Staff has approved the applicant's request with recommended changes to the side and rear
elevations, finding that the revised project does not constitute a substantial change from the
originally approved project, and that the revision will result in an improved project with
enhanced architecture and a better site design. Staff recommends the Planning Commission
receive and file Entitlement Plan Amendment No. 97-22.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO
RECEIVE AND FILE ENTITLEMENT PLAN AMENDMENT WITH STAFF
APPROVED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING
VOTE:
AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson
NOES:
Speaker
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
PC Minutes - 11/12/97 33 (97PC1112)
FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 97-22:
1. Entitlement Plan Amendment No. 97-22 for revisions to the previously approved site plan,
floor plans and elevations of Tentative Tract No. 14590/Conditional Use Permit No. 96-
35/Variance No. 97-13 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.
The project does not propose any change in lot configuration, density or circulation. With
the conditions imposed, the proposed units will be architecturally consistent with those
previously approved for the project. The proposed building elevations use a combination of
materials that will provide architectural relief along all right of ways, including the project's
recreational area. The revised project will be compatible with surrounding residential uses in
terms of use, density, and building height.
2. The proposed revisions to the site plan, floor plans and elevations will comply with the
provisions of the base district and other applicable provisions in the Holly Seacliff Specific
Plan and any specific condition required for the proposed use in the district in which it would
be located, except for the previous approved variances. The revised project will comply with
the setback and height requirements for the district and will reduce the extent of the
previously approved variance for reduced front garage setback and open parking for Lot No.
29.
3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It
is consistent with the Land Use Element designation of Residential Medium High Density on
the subject property. In addition, it is consistent with the General Plan of providing a mix of
housing types throughout the city.
CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 97-22:
1. The site plan dated received October 28, 1997, and floor plans and elevations dated received
October 31, 1997 shall be the conceptually approved layout with the following modifications:
a. The Design Review Board's recommendations on the building elevations shall be
incorporated into the project's design. The enhancement of the building elevations shall
include, but not be limited to, colors, materials, architecture and design of each plan unit
option.
2. All applicable conditions of approval on Tentative Tract No. 14590, Conditional Use Permit
No. 96-35 and Variance No. 97-13 shall remain in effect.
3. Prior to submittal for building permits, all conditions of approval applicable to this project
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 - 11/12/97 34 (97PC1112)
4. The Community Development Director ensures that all conditions of approval herein are
complied with. 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 HBZSO.
E. PLANNING COMMISSION ITEMS/INQUIRIES
Commissioner Inglee - requested staff to investigate creating a pocket car lane along the
centerline of Warner Avenue to allow eastbound turning movements for Huntington Harbor Bay
Club Condominium residents exiting to Warner Avenue.
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefskv, Planning Director - 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 items tentatively scheduled for the December 9,
1997, Planning Commission meeting.
G. ADJOURNMENT -Adjourn to the December 9,1997, Planning Commission
meeting. (The November 25,1997, Planning Commission meeting is canceled.)
A MOTION WAS MADE BY SPEAKER, SECONDED BY TILLOTSON, TO ADJOURN
TO A 5:30 PM STUDY SESSION ON DECEMBER 9,1997, AND THEN TO
REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 6:30 PM, BY
THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
/kjl
AP P VED BY:
-7ulU,
and Zelefsecrefary Planning tordmitn Cha' erson
PC Minutes - 11/12/97 35 (97PC1112)