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HomeMy WebLinkAbout1998-07-211 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, DULY 21,1998 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:00 PM (Room B-8) IMPROVING COMMISSION COMMUNICATION WITH CITY COUNCIL — Commissioner Livengood PACIFICA HOSPITAL EXPANSION —Peter Vanek AGENDA REVIEW.— Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P A P ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, 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.98-20/VARIANCE 98-6 (APPEAL) (ANTON RESIDENCE): APPLICANT: Jensen Home Improvements LOCATION: 113-1 lth Street (north side, west of Walnut Avenue) PROJECT PLANNER: Peter Vanek Conditional Use Permit No. 98-20 and Variance No. 98-6 represent requests by Jensen Home Improvements to permit a third story addition (enclosure of an existing third level open deck) to an existing three story single family dwelling. The variance requests are to exceed the permitted maximum floor area ratio and to exceed the maximum height of 25 feet within the rear 25 feet of the property. The request 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: • All of the facts presented were not properly examined. • Other homes that have had exceptions granted, that are over on the square footage, have similar additions, and are over the height limit exist in the vicinity (examples have been submitted). STAFF RECOMMENDATION: Staff recommends denial of Conditional Use Permit No. 98-20 and Variance No. 98-6 for the following reasons: • The expansion of the existing single family residential structure 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 as the usable outdoor area on the upper level deck will be reduced and the bulk and mass of the structure would increase. • The proposed third story addition is inconsistent with the Downtown Design Guidelines which encourages that upper stories be setback from the first story fagade. • Existing views, light and ventilation on adjacent properties would be reduced. • The granting of the Variance to exceed the maximum FAR of 1.0 and the maximum height of 25 feet within the rear 25 feet of the property will constitute a grant of special privilege inconsistent with limitations upon other properties within the same development and under identical zone classifications. • The request is inconsistent with the Downtown Specific Plan which establishes the maximum height and floor area ratio for the district. • There are no special circumstances applicable to the subject property which justify the granting of a variance to the maximum FAR and the maximum height of 25 feet within the rear 25 feet of the property. • The request is inconsistent with the General Plan which encourages new residential development to be compatible with existing structures. THE PUBLIC HEARING WAS OPENED. Ron Anton, 113-11t' Street, property owner/appellant, stated that they currently cannot enjoy their unenclosed third story deck because his wife and himself suffer from severe allergies. Mr. Anton gave a slide presentation depicted his adjacent neighbors and properties in the immediate area. John Webb, 111-11a' Street, spoke in support of the request stating the addition will be aesthetically appealing. PC Minutes — 7/21/98 2 (98PCM721) John Jensen, 12922 Harbor Boulevard, #750, Garden Grove, applicant/contractor, stated the addition will not be detrimental to the value of the -property as stated in the staff report, but will add value to the property. He stated that the Design Review Board had reviewed and approved the request. Mr. Jensen also stated that the proposed enclosure would not be habitable area. Jim Martin, 1200 Block of Pacific Coast Highway, spoke in support of the request. Lisa Anton, 111-11'h Street, restated thefact that her husband and herself both suffer from severe allergies and wish to enclose the deck to enjoy the view. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff why they felt the proposed project would 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. Staff stated that that the usable outdoor area on the upper level deck will be reduced and the bulk and mass of the structure would increase. Staff stated the addition would also set a precedent for the area. The Commission asked staff to explain why it is habitable area, and what would happen if the square footage of the proposed request were reduced. Staff stated that certain standards defined in the Uniform Building Code outline what is considered habitable area. The Huntington Beach Zoning and Subdivision Ordinance states that when you enclose an area, floor space is created and you must calculate that space as floor area. A MOTION WAS MADE BY TILLOTSON, SECONDED BY KERINS TO OVERTURN THE ZONING ADMINISTRATOR'S ACTION BY APPROVING CONDITIONAL USE PERMIT NO.98-20 AND VARIANCE NO.98-6 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Tillotson, Kerins NOES: Inglee, Chapman, Livengood, Speaker ABSENT: Biddle, ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION BY DENYING CONDITIONAL USE PERMIT NO.98-20 AND VARIANCE NO.98-6 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Speaker NOES: Tillotson, Kerins ABSENT: Biddle ABSTAIN: None MOTION PASSED PC Minutes — 7/21/98 3 (98PCM721) Discussion ensued relative to allowing the applicant time to revise his plans to comply with code and resubmit to the Zoning Administrator. This would save the applicant a refiling fee. Chairman Livengood asked the applicant if he was interested in revising his plan; the applicant answered affirmatively. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO RECONSIDER THEIR ACTION TAKEN ON CONDITIONAL USE PERMIT NO.98-20, BY FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY TILLOTSON, TO REFER CONDITIONAL USE PERMIT NO.98-20 BACK TO THE ZONING ADMINISTRATOR TO BE REDESIGNED TO MEET CODE REQUIREMENTS, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL- VARIANCE NO.98-6: 1. The granting of Variance No. 98-6 for a third story addition would constitute a grant of special privilege inconsistent with limitations placed upon other properties in the vicinity and under an identical zone classification. Variances to the maximum 25-foot height limit within the rear 25 feet of the property and to the maximum floor area ratio have not been granted to properties under a similar zoning classification. 2. There are no special circumstances applicable to the subject property, including size, shape, topography and location or surroundings. The strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is flat and rectangular in shape, with street frontage and alley access. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The property owner currently has a third story, as well as a third story deck which enables him to enjoy views from the third story, as well as increased function of the home with a third story, which many of the two story property owners within the general vicinity are not able to enjoy. PC Minutes — 7/21/98 4 (98PCM721) 1 4. The granting of the variance would be materially detrimental to the public welfare or injurious to property in the same zone classification.- The proposed third story addition, if approved, would set precedence for other property owners to exceed the floor area ratio and maximum heights which have been established to reduce the massing and bulk of structures, creating a less imposing streetscape and a more livable environment. 5. The granting of the variance would adversely affect the General Plan. It is inconsistent with the Land Use Element designation of Residential High Density on the subject property. The deck enclosure will be not architecturally compatible with the existing home and adjacent residences and is not consistent the following goals and policies of the General Plan: a. Require that single-family residential units be designed to convey a high level of quality and character. (LU 9.1.2) b. Require that all new residential development within existing neighborhoods be compatible with existing structures. (LU 9.2.1) B-2 CONDITIONAL USE PERMIT NO.98-30 (PACIFICA HOSPITAL EXPANSION): APPLICANT: Delmapacifica, Mr. Cory Zinngrabe LOCATION: 18800 Delaware Street (east side, south of Main Street) PROJECT PLANNER: Peter Vanek Conditional Use Permit No. 98-30 is a request by Delmapacifica to permit a 1,940 square foot addition to the existing Pacifica Hospital for the purpose of establishing an acute rehabilitation clinic which will service patients in need of intensive physical rehabilitation from debilitating injuries or medical conditions. In addition, a joint use of parking is proposed as the number of hospital beds will increase from 98 to a total of 105, increasing the number of required parking spaces by five with no additional parking provided. The clinic addition will decrease the width of an existing drop-off lane from 27 feet to 12 feet. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 98-30 for the following reasons: • A traffic study submitted by the applicant reveals that the Pacifica Medical Campus provides sufficient parking for the mix of medical uses at the campus. • The parking demand for the existing and proposed uses is less than the number of parking spaces required by the Zoning and Subdivision Ordinance. • The long term occupancy of the building will not generate additional parking demand. • Additional noise will not be generated by the proposed addition. • The proposed project provides handicap parking adjacent to the emergency/urgent care entrance. • The proposed project is consistent with the intent of the Pacifica Community Plan and the General Plan. PC Minutes — 7/21/98 5 (98PCM721) The Commission discussed the previous traffic studies adequacies. There was concern that the site was inadequately parked and there would be insufficient parking in the future. Staff stated that if parking became a concern a new traffic study would be performed. THE PUBLIC HEARING WAS OPENED. Cory Zinngrabe, 18800 Delaware, applicant, stated he was in concurrence with staffs report and recommendation with the exception of three (3) conditions of approval. He Condition No. La. would be dependent on the Fire Code approval as the hall is required to be constructed with a fire walls. Mr. Zinngrabe asked for clarification of Condition No. 51 regarding the planting of trees. He stated that there would be no room to plant them. He also stated concern regarding Code Requirement No. 2 requiring traffic fees, stating that the proposed use will not create additional traffic. Michael H. Sussman, 18800 Delaware, representing applicant, stated that 90% of the patients that will transfer to the proposed addition will be from Pacifica Hospital, and additional parking or traffic is not expected. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the parking issue and stated concern that a current traffic study had not been done. A MOTION WAS MADE BY SPEAKER, SECONDED BY KERINS, TO CONTINUE CONDITIONAL USE PERMIT NO.98-30 UNTIL A PARKING AND TRAFFIC ANALYSIS CONDUCTED BY A REGISTERED TRAFFIC ENGINEER PAID FOR BY THE APPLICANT IS PREPARED AND SUBMITTED FOR REVIEW BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO.98-24 (HERTZ LOCAL EDITION): APPLICANT: Hertz Corporation LOCATION: 18582 Beach Boulevard (Town & Country Shopping Center -east side of Beach Boulevard, south of Ellis Avenue) PROJECT PLANNER: Joe Thompson PC Minutes — 7/21/98 6 (98PCM721) Conditional Use Permit No. 98-24 represents a request to establish a rental car agency within an existing commercial retail shopping center. The car rental agency (Hertz Local Edition) includes an existing vacant 1,305 square foot commercial office suite and available parking for up to seven rental cars. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 98-24 for the following reasons: • The project is consistent with the Commercial General land use designation of the General Plan. • The project is consistent with the objectives of the Zoning and Subdivision Ordinance. • Sufficient parking is provided for the commercial use. • The project is buffered from adjacent properties by landscaping. • Reciprocal access to adjacent commercial properties will be provided. THE PUBLIC HEARING WAS OPENED. Brian Liberman, 18582 Beach Boulevard, representing applicant, stated he was in concurrence with staff s report and recommendation and was available to answer any questions. 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 INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO.98-24 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-24: 1. Conditional Use Permit No. 98-24 for the establishment, maintenance and operation of a 1,305 square foot rental car agency with up to seven rental cars 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 use requires 7 spaces and the existing shopping center in which the use will be locating has a surplus of 7 parking spaces. 2. Conditional Use Permit No. 98-24 to establish a rental car agency will be compatible with surrounding uses because the car rental agency is a commercial use and will be locating to an existing commercial center which has all the facilities necessary to accommodate this type of use. PC Minutes — 7/21/98 7 (98PCM721) 3. The proposed rental car agency will comply with the provisions of the base district which is Commercial General 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. The proposed use will be located in an existing commercial center which conforms to all setbacks, building heights, landscaping and parking requirements applicable to the Commercial General District. 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 General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the environmental resources and scale and character. (LU7.1) b. Maintain and expand economic and business development programs that encourage and stimulate business opportunities within the City. (ED1.1.1) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-24: 1. The site plan, floor plans, and elevations received and dated March 27, 1998 shall be the conceptually approved layout with the following modifications: a. Rental car parking shall only be permitted within the interior of the rear parking lot or adjacent to the west side of the southern most building facing the rear parking lot. 2. Fire Department requirements prior to final inspection: (FD) a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. Exit signs and exit path markings will be provided in compliance with Huntington Beach Fire Code and Title 24 of the California Administrative Code. 3. The use shall comply with the following: a. There shall be no outside storage of inoperable vehicles, vehicle parts, equipment or trailers. There shall be no inside storage of parts. b. No vehicle repair work, either inside or outside the building, shall be conducted on the site. c. There shall be no washing of vehicles conducted on site. d. No more than seven rental cars shall be allowed on site and no other types of vehicles or equipment shall be rented other than automobiles (cars). PC Minutes — 7/21/98 8 (98PCM721) J e. Rental car parking shall only be permitted within the interior of the rear parking lot or adjacent to the west side of the southern most building facing the rear parking lot. f. The back door shall remain closed during hours of operation. (PD) 4. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. 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 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. 98-24 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-24 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. 98-24, 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. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 5. 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. 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 Planning Commission's action. PC Minutes — 7/21/98 9 (98PCM721) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 16,1998 A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 16,1998 AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Livengood —questioned staff about the Meadowlark project timeline. Staff stated that the applicant missed the submittal deadline for the August 25, 1998 Planning Commission meeting, therefore, staff will request a continuance to the September 9, 1998 meeting. Commissioner Livengood stated that the Commission will allow a new submittal date deadline for Friday July 24, 1998. If the applicant is able to submit by this deadline the Planning Commission will hold a special meeting on September 1, 1998. If the applicant does not have a complete package, then the Commission will review the project at their September 22, 1998 meeting. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director — restated actions taken at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planer - reviewed items for the July 28, 1998 meeting. PC Minutes — 7/21/98 10 (98PCM721) 1 G. ADJOURNMENT —Adjourn to the July 28,1998 Planning Commission meeting. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO ADJOURN TO A 5:00 PM STUDY SESSION ON JULY 28,1998, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: None ABSENT: Biddle ABSTAIN: None MOTION PASSED /kjl APPROVED BY: Ho d Zc1ef§11y;1SecfetaryA P g Commission Chairperson PC Minutes — 7/21/98 11 (98PCM721)