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HomeMy WebLinkAbout1998-02-10MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 10,1998 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION — 5:30 PM HUNTINGTON BEACH MALL CONCEPTUAL PLAN - Jane Madera MEADOWLARK SPECIFIC PLAN -Amy Wolfe AGENDA REVIEW - Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to spear 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 scheduledfor 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 ENTITLEMENT PLAN AMENDMENT NO.97-19 (J. DEE'S LANDING) (CONTINUED FROM THE JANUARY 27,1998 MEETINGZ APPLICANT: John D. Lewis LOCATION: 16400 Pacific Coast Highway, #103 (east side, south of Anderson Street) PROJECT PLANNER: Peter Vanek Entitlement Plan Amendment No. 97-19 is a request to extend the hours of operation for live entertainment for an existing restaurant (J. Dee's Landing) located in Peter's Landing. The restaurant has previous approval to allow live entertainment between the hours of 9:00 p.m. and 1:00 a.m., seven days a week. The applicant proposes to modify the hours of operation to 3:00 p.m. to 1:00 a.m. on Saturdays and Sundays only, to allow additional hours for karaoke operation. Staff has analyzed the request and believes that the expansion of the hours of operation will be compatible with the existing and surrounding commercial uses at Peter's Landing, and is adequately separated from residential uses. The public hearing was continued from the January 27, 1998, Planning Commission meeting at the request of the Commission with direction to Staff to work with the applicant to minimize potential noise impacts to the nearby condominiums and explore cost options for a noise study. Discussion of these items is included in the Analysis Section. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Entitlement Plan Amendment No. 97-19 with findings and suggested conditions of approval for the following reasons: ♦ The site is currently used as a restaurant and approved for live entertainment. ♦ Noise associated with live entertainment will be contained within the restaurant area. ♦ The proposed restaurant is separated from residential properties by commercial uses and structures. ♦ The increased hours of operation for live entertainment will not be detrimental to surrounding land uses and will be compatible with adjoining commercial uses. ♦ The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity, and will not generate any additional noise, traffic or other impacts which would be detrimental to residential uses in the vicinity. ♦ The use conforms to the goals and policies of the General Plan. Commissioner Inglee stated that he had visited the site and noticed the exterior doors are equipped with an auto close device, but it also has a mechanism that locks it in place when opened. He suggested this mechanism be removed to allow the doors to automatically close each time. THE PUBLIC HEARING WAS OPENED. J.D. Lewis, 16400 Pacific Coast Highway, applicant, stated that he had talked with approximately 50 of the surrounding neighbors to discuss their concerns. He stated he will keep the exterior doors closed after 8:00 PM everyday; and would like to request that from 3:00 PM to 8:00 PM on Saturdays and Sundays the doors be allowed to remain open provided the entertainment noise emanating from the restaurant complies with the noise ordinance. The exception will allow the servers to go in and out of the doors to serve the exterior patio dining area. Michael Alford, 16331 Grenoble Lane, stated that if the exterior doors are kept closed during live entertainment, and the music cannot be heard from 3:00 PM to 8:00 PM on Saturdays and Sundays he would support the request. PC Minutes — 2/10/98 2 (98PCM210) Linda Duffy, Sunset Beach, stated that she spends weekends on her boat in the harbor and does not hear the live entertainment music. She spoke„in support,of the request. Lynn Prebe, 16347 Grenoble Lane, stated that she does not hear the music from her home and spoke in support of the request. Annette Wren, 16337 Grenoble Lane, stated that the applicant had promised her that he would keep the doors closed during live entertainment. She stated that if this promise were kept she would support the request. Robert Winterbourn, 2872 Coast Circle, stated that he had a petition with 13 signatures from the Bay Court Condominium residents opposing the request. He stated that in the summer time the doors remain open because of the heat. He requested that if this request were to be approved that a review be held during the summer months to assure that the applicant is complying with the requirements to keep the exterior doors closed during live entertainment. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed adding conditions to require the exterior doors which open towards the marina be equipped with self -closing, non -locking mechanisms, the exterior doors shall remain closed after 8:00 PM everyday; and from 3:00 PM to 8:00 PM on Saturday and Sunday the doors may be open provided the entertainment noise emanating from the restaurant complies with the noise ordinance, and that a review of the use be conducted by the Staff in September 1998 to verify compliance with all conditions of approval with a report transmitted to the Planning Commission. A MOTION WAS MADE BY TILLOTSON, SECONDED -BY SPEAKER, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.97-19 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO 97-19 1. Entitlement Plan Amendment No. 97-19 for the modification to the approved hours of operation (3 p.m. to 9 p.m.) for live entertainment at a restaurant (J. Dee's Landing) 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 restaurant is separated from residential properties by commercial uses and structures. Noise associated with live entertainment will be contained within the restaurant area. PC Minutes — 2/10/98 3 (98PCM210) 2. The entitlement plan amendment will be compatible with surrounding uses due to the commercial character of the center within which it is located and the current operation of the restaurant and live entertainment on the site. The request does not represent a significant change to the previous use. 3. The proposed expansion to the permitted hours of live entertainment (karaoke only) at a restaurant (J. Dee's Landing) 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. On -site parking is provided and no additional parking demand is generated by the proposed use. 4. The granting of the entitlement plan amendment for expanded hours of operation for live entertainment at a restaurant (J. Dee's Landing) will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Visitor Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require the inclusion of uses and elements that contribute amenities for visitors, such as public activity areas and on -site recreational facilities. (LU 10.1.7) b. Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. (ED 2.4) c. Encourage the attraction of coastal and inland and visitor serving uses to offer a wider spectrum of visitor opportunities. (ED 2.6.1) CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-19: 1. The floor plan received and dated September 16, 1997, shall be the conceptually approved layout. 2. The applicant shall modify the approved Entertainment Permit to reflect the revised hours of operation for live entertainment. 3. The use shall comply with the following: a. Hours of operation for the live entertainment activities shall be limited to between 9:00 p.m. and 1:00 a.m. Monday through Friday and 3:00 p.m. to 1:00 a.m. Saturday and Sunday. b. Exterior doors shall remain closed after 8:00 PM everyday; and from 3:00 PM to 8:00 PM on Saturday and Sunday the doors may be open provided the entertainment noise emanating from the restaurant complies with the noise ordinance. c. All conditions of approval as previously approved in Conditional Use Permit No. 89-54 with the exception of Conditions No. 2 and No. 4, which is hereby amended, shall remain in effect for the subject property. PC Minutes — 2/10/98 4 (98PCM210) d. All conditions of the Entertainment Permit. e. The exterior doors'which open towards the marina shall be equipped with self -closing, non -locking mechanisms. f. All interior loud speakers utilized in conjunction with live entertainment shall be positioned away from the exterior doors which open towards the marina. g. No outdoor loud speakers are permitted. 4. A review of the use shall be conducted by the Staff in September 1998 to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance; and a report shall be transmitted to the Planning Commission. 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. 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. 2. 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. 3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 97-19, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. Entitlement Plan Amendment No. 97-19 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. PC Minutes — 2/10/98 5 (98PCM210) B-2 ENTITLEMENT PLAN AMENDMENT NO.97-23 (MR. K'S KARAOKE): APPLICANT: Felix Corporation LOCATION: 300 Pacific Coast Highway, Suite 112 PROJECT PLANNER: Peter Vanek Entitlement Plan Amendment No. 97-23 is a request to permit consumption of alcoholic beverages throughout the entire floor area of Mr. K's Karaoke. Currently, Conditional Use Permit No. 93-8(R) restricts the consumption of alcoholic beverages to the lounge/bar area and one of the private karaoke rooms (V.I.P. room). Staff has analyzed the request and believes that the additional area permitted for the consumption of alcohol will be compatible with the existing and surrounding commercial uses at Pierside Pavilion, and will not produce any additional impacts to the neighboring residential uses. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Entitlement Plan Amendment No. 97-23 with findings and suggested conditions of approval for the following reasons: ♦ The site is currently used as a karaoke establishment and is approved with limited alcohol consumption. ♦ All zoning requirements including parking requirements remain the same. ♦ No complaints have been received regarding the operation of the karaoke establishment. ♦ The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity, and will not generate any additional noise, traffic or other impacts which would be detrimental to residential uses in the vicinity. • The use conforms to the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Tetsuo Kojima, 300 Pacific Coast Highway, applicant, stated that he concurs with staffs report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY SPEAKER, SECONDED BY TILLOTSON, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.97-23 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 2/10/98 6 (98PCM210) FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-23 1. Entitlement Plan Amendment No. 97-23 to delete Condition of Approval No. 3.c. of Conditional Use Permit No. 93-8(R) in order to allow alcoholic beverage consumption in all rooms at an existing karaoke establishment (Mr. K's Karaoke) 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 establishment is existing and is sufficiently insulated from residential properties and neighboring commercial uses. 2. The entitlement plan amendment will be compatible with surrounding uses due to the commercial character of the center within which it is located and the current operation of the karaoke establishment. The request does not represent a significant change to the previous use. 3. The proposed expansion to the permitted area available for the consumption of alcoholic beverages at an existing karaoke establishment (Mr. K's Karaoke) 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. On -site parking is provided and no additional parking demand is generated by the proposed use. 4. The granting of the entitlement plan amendment for allowing consumption of alcoholic beverages throughout the existing karaoke establishment (Mr. K's Karaoke) will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the policy of the General Plan to incorporate adequate recreational facilities to serve the needs of the residents in mixed -use development projects (LU 11.1.4). CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-23: 1. The floor plan received and dated November 12, 1997, shall be the conceptually approved layout. 2. The applicant shall obtain approval from the A.B.C. for all proposed changes and submit evidence to that effect to the Community Development Department prior to the consumption of alcohol within the karaoke rooms. 3. The use shall comply with the following: a. All conditions of approval as previously approved in Conditional Use Permit No. 93- 8(R), with the exception of Condition No. 3.c., shall remain in effect for the subject property. b. All conditions of the A.B.C. license. c. All doors to the enclosed karaoke rooms shall be designed to permit exiting from within the rooms at all times. PC Minutes — 2/10/98 7 (98PCM210) 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. 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. 2. 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. 3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 97-23, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. Entitlement Plan Amendment No. 97-23 shall become null and void unless exercised within time as may be by the one year of the date of final approval or such extension of granted Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. B-3 CONDITIONAL USE PERMIT NO 97-94/VARIANCE NO.97-25 (APPEAL) (PLUNKETT RESIDENCE): APPLICANT: Michael Plunkett LOCATION: 413 Detroit Avenue (northwest corner of Detroit and Delaware) PROJECT PLANNER: Kim Klopfenstein Conditional Use Permit No. 97-94 and Variance No. 97-25 represent a request to allow a remodel a non -conforming garage and first and second story additions to an existing single family residence. Commissioner Bob Biddle appealed the Zoning Administrator's decision was appealed to the Planning Commission for the following reasons: • The proposed project is consistent with other projects in the area and would not constitute a special privilege. • The granting of a Variance will not be detrimental to the general health, welfare , safety and convenience, nor detrimental or injurious to the value of the property or improvements of the neighborhood or of the City in general. PC Minutes — 2/10/98 8 (98PCM210) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the Conditional Use Permit and Variance request based on 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 objectives of the RMH-A-CZ standards of the code in achieving a ♦ Development that has an integrated design which properly adapts the development to the surrounding terrain and uses in the area. Adequate parking and circulation will be provided. ♦ The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of the improvements in the area because since the addition/remodel are designed to integrate with the existing neighborhood and the site is physically suitable for this type of development ♦ The project provides good land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, perimeter walls, site layout and design. ♦ The subject property is an odd shaped lot and a corner lot. Given the existing location of the residence on the lot, the property owner is constrained due to the shape, size, of the lot and non -conforming location the existing structure. ♦ The existing garage, located adjacent to the alley, will be expanded toward Detroit Avenue and will not impact the adjacent residence's privacy or habitable rooms. ♦ The existing driveway is adjacent to the alley which is consistent with other homes in the neighborhood. ♦ A three (3) foot interior side yard setback is consistent with the required setback for similarly zoned lots. Commissioner Biddle reiterated his reasons for appealing the Zoning Administrator decision and stated that the proposed project is on an odd shaped lot. THE PUBLIC HEARING WAS OPENED. Richard R. White, 407 Detroit Avenue, spoke in support of the request stating that it would improve the property and the surrounding area. Art Kent, AIA, 325 A 2nd Street, architect for the project, stated that he is in concurrence with staff s report and recommendation. Mr. Kent gave a brief history of the request and stated that the addition would be an enhancement to the neighborhood. Mike Plunkett, 413 Detroit, applicant, stated that there is an existing guide wire and telephone pole in the alley that would prevent him from using the alley to access the garage. In order for him to access the garage from the alley he would need to tear down existing portions of his home and redesign the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes — 2/10/98 9 (98PCM210) The Commission discussed deleting two (2) conditions regarding the removal and replacement of one-half (1/2) the alley and construction of a full width alley apron. Staff explained that these conditions are code requirements and the Commission did not have the legal ability to waive them. The Commission requested that staff work with the applicant to pay in -lieu fees for these requirements instead of completing the actual construction. A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO OVERTURN THE ZONING ADMINISTRATOR'S ACTION AND APPROVE CONDITIONAL USE PERMIT NO.97-94 AND VARIANCE NO.97-25 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT N0.97-94: Conditional Use Permit No. 97-94 for the establishment, maintenance and operation of an existing garage with a two foot (2) and six (6) inch setback in lieu of a seven (7) feet and six (6) inches from the rear property line, to be expanded along the alley toward Detroit Avenue, and allow a 1,633 square foot addition/remodel of the first floor; and a new 1,088 square foot second floor addition to the existing non conforming single family residence 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 since the addition/remodel are designed to integrate with the existing neighborhood and the site is physically suitable for this type of development. 2. The conditional use permit will be compatible with surrounding uses because the first and second story additions will not impact access to the adjacent properties and the addition will maintain ample landscaped area. Furthermore, the color, materials and design of the addition will be compatible with the residence and the surrounding neighborhood. 3. The proposed additions and remodel 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 with the exception of the requested Variance. Additions to non -conforming structures are allowed with a conditional use permit. 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 Medium High Density Residential - Small Lot Subdivision (RMH-A) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that all new residential development within existing neighborhoods be compatible with existing structures (LU 9.1.2). PC Minutes — 2/10/98 10 (98PCM210) b. Ensure that structures and sites are designed and constructed to maintain their long-term quality (LU 4.2). c. Identify and reinforce a distinctive architectural and environmental image of each district in Huntington Beach (UD 1.1). FINDINGS FOR APPROVAL - VARIANCE NO.97-25: 1. The granting of Variance No. 97-25 to allow a three (3) foot interior side yard setback in lieu of five (5) feet; to maintain the existing driveway on Detroit in lieu of alley access to the garage; and allow the driveway with a maximum depth of eighteen (18) feet in lieu of twenty (20) feet will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Variances for reduced setbacks have been granted throughout the City for similarly zoned properties. The City has approved tract developments with driveways that have a depth of eighteen (18) feet. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The existing residence is located on an irregular sized corner lot. RMH-A zoned properties are typically only twenty-five (25) feet wide with a three (3) foot side setback, however the subject property is fifty-four (54) feet wide, hence the five (5) foot side yard requirement. The encroachment of the proposed additions into the required interior side yard setback area is minor. The location of the first and second story additions toward the rear of the lot will provide a deeper front yard which is compatible with the surrounding properties. There are two physical constraints which are exceptional circumstances that limit access to the garage from the alley 1) turning radius is twenty (20) feet and six (6) inches in lieu of the required twenty-five (25) feet; and 2) there is an existing telephone pole with a guy wire adjacent to the elevation of the garage which faces the alley, which would interfere with access to the garage from the alley. 2. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The existing garage was constructed five (5) feet from the rear property line; in lieu of seven (7) feet and six (6) inches. The existing alley is seventeen (17) feet and six (6) inches wide and the additional two (2) foot and six (6) inch required alley dedication would allow a twenty (20) feet and six (6) inches of turning radius; in lieu of twenty-five (25) feet, which is not a sufficient to access the garage from the alley. The existing driveway provides access to the garage from Detroit Avenue (street side yard) and the eighteen (18) foot long driveway; in lieu of twenty (20) feet would provide adequate parking area. Currently, there are two separate curb cuts for the driveway and the alley, which are two feet apart. The new apron would be continuous from the driveway to the alley (i.e. there will be a curb cut on the east end of the driveway and at the west end of the alley) which will provide safer access to the alley. The new apron would be separated by a low planter wall which would begin behind the public right of way alley (sidewalk) to provide a bufferlbarrier between the driveway approach to the residence and the alley. PC Minutes — 2/10/98 11 (98PCM210) 3. 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 expansion and remodel of the residence and the garage will be architecturally compatible with the existing home and since it is articulated and setback from the street, it would not create any adverse impacts to aesthetics. The reduced interior side setback for the addition and the reduced length of the existing driveway will not impact the access or maximum site coverage of the lot. As proposed the driveway would be eighteen (18) feet from the garage to the property line with a ten (10) foot dedication of public right-of-way. The entire ten (10) feet of the right -of - way area may be used for the new apron and sidewalk. However, to vacate two (2) feet of right -of -way area into private property to create a twenty (20) foot long driveway, a total of two (2) feet of right-of-way would have to be vacated for the entire street 4. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Medium High Density Residential on the subject property because the additions and remodel will not impact the required open space for the site. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 97-941VARIANCE N0.97-25: 1. The site plan, floor plans, and elevations received and dated November 24, 1997, shall be revised the conceptually approved layout with the following modifications: a. Prior to submittal for building permits, 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. The entire driveway shall have a minimum width of eighteen (18) feet and a minimum depth of eighteen (18) feet from the property line to the garage (i.e. 18'-0" from the shortest leg of the property line to the garage). c. A roll -up door shall be installed on the garage. d. The driveway and alley shall have a continuous apron from the east end of the driveway to the west end of the alley. e. A 2'-6" wide planter to a maximum height of 42" shall be installed behind the sidewalk in the area between the existing driveway and the rear property line adjacent to the alley. 2. Prior to issuance of building permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval (This plan in addition to grading, shall include all of the required off -site improvements).(PW) PC Minutes — 2/10/98 12 (98PCM210) b. 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 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. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. The landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. (PW) (Code Requirement) c. Dedicate the following to the City of Huntington Beach (PW) (Code Requirement): 1) 2.50 feet off of the rear of the subject property adjacent to the alley. 3. 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. 4. Prior to final inspection or certificate of occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: (PW) 1) Construct new sidewalk along the frontage of the property. 2) Install new water service. 3) Remove and replace one half of the alley. 4) Install CATV facilities. 5) Construct a full width alley apron. 6) Remove and reconstruct existing driveway approach. PC Minutes — 2/10/98 13 (98PCM210) 5. 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 Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. 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) 2. An encroachment permit shall be required for all work within the right-of-way. (PW) 3. State -mandated school impact fees shall be paid prior to issuance of building permits. 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 - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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 Zoning Administrator's action. 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97- 94 and Variance No. 97-25, pursuant to public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 8. Conditional Use Permit No. 97-94 and Variance No. 97-25, shall become null and void unless exercised within one year of the date of final approval or such extension of time as 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. 1 PC Minutes — 2/10/98 14 (98PCM210) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 13, 1998 A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE PLANNING COMMISSION MINUTES JANUARY 13,1998 WITH AN AMENDMENT, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS None E-2 PLANNING COMMISSION INOUIRIES/COMMENTS Commissioner Chapman - stated he had again been questioned by the residents in the Ellis-Goldenwest Quartersection about the truck activity for oil operations on Edwards Avenue. The residents state that the trucks are leaving mud debris on the streets. Staff stated that they would contact the property owner Mr. Thomas to be more cautious and wash the trucks down. Commissioner Livengood - stated that he would like to schedule the small lot, single family residential development standards for a future study session. Commissioner Livengood stated that the Commission would discuss the Bay Club issues at a later date. Commissioner Livengood requested staff to forward the letter that they had received from the Huntington Beach Union High School District to the City Council for review. Commission Livengood also requested staff to investigate large commercial trucks parking in large garages at 927-1Oth Street. Commissioner Kerins - asked staff why the Zoning Administrator was requesting revocation hearings for two downtown outdoor dining establishments. Staff stated that they had failed to comply with all requirements of their outdoor dining permits, and are currently working with staff to establish compliance so as not to have their permits revoked. PC Minutes — 2/10/98 15 (98PCM210) 1 Commissioner Sneaker - stated that he would be representing the Planning Commission at the Huntington Beach Chamber of Commerce meeting in Calle Mesa and will report back to the Commission. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefs j% Planning Director - restated actions taken at the previous City Council meeting the California Coastal Commission meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - stated there were no items for the February 24, 1998 Planning Commission meeting and requested that the meeting be canceled.. G. ADJOURNMENT -Adjourn to the March 5,1998, Planners Institute in Long Beach and then to the March 10,1998 Planning Commission meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO ADJOURN TO THE PLANNERS INSTITUTE IN LONG BEACH ON MARCH 5,1998 AND THEN TO A 4:00 PM STUDY SESSION ON MARCH 10,1998, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APP VED BY: o d Zelefsky6evetaryV P anning dofff(:n Chi rperso PC Minutes — 2/ 10/98 16 (98PCM210)