Loading...
HomeMy WebLinkAbout1999-02-23MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 23,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:15 PM (Room B-8) SMALL LOT DEVELOPMENT STANDARDS (5:15 — 5:30 PM) DOWNTOWN OUTDOOR DINING WITH ALCOHOL ISSUES (5:30 — 6:00 PM) AGENDA REVIEW (6:00 — 6:15 PM) — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL —Item B-2 was brought to the front of the agenda by a unanimous vote. Please note the minutes will reflect actions taken in their original order. A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 VARIANCE NO.99-1 (CRYSTALAIRE PARKING): APPLICANT: Shea Homes LOCATION: Southeast corner of Ellis Avenue and Gothard Street. PROJECT PLANNER: Peter Vanek 11 Variance No. 99-1 represents a request by Shea Homes to provide two (2) open parking spaces for 39 of 99 detached single family homes where three (3) open spaces are required. The variance is for all Plan 3 units, which have options for up to five (5) bedrooms. The tract map for this site was approved by the Planning Commission in December, 1997, and the conditional use permit was approved in December of 1998. STAFF RECOMMENDATION: Staff recommends denial of the variance, for the following reasons: • The project is inconsistent with the goals and objectives of the General Plan, providing insufficient parking for a new residential development. • The project would constitute a grant of special privilege. • There are no special circumstances applicable to the subject property which justify the granting of a variance to the required number of open parking spaces. • The project is not in conformance with the residential development standards of the Holly Seacliff Specific Plan and Huntington Beach Ordinance Code. THE PUBLIC HEARING WAS OPENED. Ron Metzler, 603 S. Valencia, Brea, applicant, stated the proposed request will allow the prospective owners or the developer to have the ability to exercise the option to convert the loft/retreat within a four (4) bedroom house to a fifth bedroom. Mr. Metzler explained the option only applies to one (1) model (Plan 9) of the three (3) models proposed for construction and will effect a maximum of 39 of the 98 homes. Dick Harlow, 211 Main Street, representing applicant, stated that the applicant's analysis of the,. proposed use has an abundance of parking. He stated that he 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 LIVENGOOD, SECONDED BY LAIRD, TO APPROVE WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 2/23/99 2 (99PCM223) FINDINGS FOR APPROVAL - VARIANCE NO.99-1: 1. The granting of Variance No. 99-1 to provide five (5),on-site parking spaces (two open and three enclosed) in lieu of minimum six (6) on -site parking spaces (three open and three enclosed) for each five (5) bedroom single family residence for 39 of the 98 approved single family residences, (potentially lots 4, 6, 8, 12, 15, 16, 19, 21, 23, 25, 27, 29, 33, 34, 37, 39, 40, 43, 45, 46, 48, 49, 53, 55, 58, 59, 63, 64, 68, 70, 71, 76, 79, 82, 85, 89, 91, 95, and 97) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Four (4) on -site parking spaces (two open and two enclosed) are required for a four (4) bedroom single family residence. This variance would allow a fifth bedroom provided one (1) additional enclosed parking space is included. Single family residences have been constructed in the vicinity and under an identical zone classification which provide two open parking spaces. The proposed residential development provides 122 on -street parking spaces in addition to the on -site parking provided. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The lots have been subdivided at a reduced width (approximately 50 feet) which limits the amount of on -site parking that may be provided in conjunction with a single family dwelling. In addition, the width provides at least one on street parking space on the street per lot. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. Providing two open parking spaces in lieu of three open parking spaces will allow for less pavement in the front yard, permitting the placement of additional landscape and resulting in a more attractive residence. 4. The granting of the variance will not materially be detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the following goals and policies of the General Plan: a. LU9.1.2: Require that single family residential units be designed to convey a high level of quality and character, including minimizing the amount and width of the paving of front yards for driveways, and modulating building elevations and facades. b. LU 9.2.1: Require that all new residential development within existing residential neighborhoods be compatible with existing structures, including the use of building orientations that are compatible with the surrounding development. CONDITIONS OF APPROVAL - VARIANCE NO.99-1 1. The site plan and parking plan received and dated January 25, 1999 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). PC Minutes - 2/23/99 3 (99PCM223) 3. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission 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. 99-1 shall not become effective until the ten-day appeal period has elapsed. 2. Variance No. 99-1 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Variance No. 99-1, 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 Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. 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 Planning Department within two (2) days of the Planning Commission's action. B-2 CONDITIONAL USE PERMIT NO 98-55/VARIANCE NO. 98-28 (KAHALE AUTO INDUSTRIAL BUILDING): APPLICANT: Nabil Kahale LOCATION: 7383 Harriman Avenue (east of Gothard Street, south of Talbert Avenue) PROTECT PLANNER: Wayne Carvalho Conditional Use Permit No. 98-55 and Variance No. 98-28 represent a request by Mr. Nabil Kahale to construct a 5,650 square foot industrial building for automotive repair purposes with variances to parking standards. The applicant has requested a continuance to a date uncertain in order to further evaluate the specific uses within the building and the overall operation of the automotive facility. STAFF RECOMMENDATION: Staff recommends the Planning Commission continue the action on the subject applications to a date uncertain. PC Minutes — 2/23/99 4 (99PCM223) A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO CONTINUE CONDITIONAL USE PERMIT NO.98-55 AND VARIANCE NO.98-28 TO A DATE UNCERTAIN, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 12,1999 A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 12,1999 AS AMENDED, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: Laird MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Kerins — stated that the Downtown Outdoor Dining with Alcohol Committee would begin meeting this Friday, February 26, 1999. E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Kerins — stated that Planning Commission Inquiry Log No. 98-1 is completed. Commissioner Chapman — asked staff what could be done to correct the ambiguous language in Section 231 of the Huntington Beach Zoning and Subdivision Ordinance regarding parking requirements for new versus existing single family residences. Staff stated that the Planning Commission could direct staff to initiate a Zoning Text Amendment to correct the language. Commissioner Chapman requested staff to do so. He also asked staff if an illegal use starts operation and is cited because no application for permit has been made, is it allowed to continue operation? Mr. Chapman was speaking in reference to the car lot on the corner of Beach Boulevard and Yorktown Avenue. Staff stated that if they were pursuing the necessary applicable permits for the use, they would be allowed to remain open under certain circumstances. PC Minutes — 2/23/99 5 (99PCM223) 1 I Commissioner Kerins — asked staff if the use is illegal why are there no penalties and when would it be appropriate to red tag or close down an operation that is in use illegally. Staff explained that a use would be shut down if it caused public safety issues. Staff stated that the use in question has been allowed to remain open because they have filed a conditional use permit. Commissioner Livenzood — asked staff when the 31-acre project would be coming before the Commission. Staff stated that they are currently negotiating with consultants to review the environmental impact report and would be ready for review by the end of the 1999-year. Commissioner Livengood requested that staff bring preliminary plans to the Commission for early review. Staff stated they would schedule a Study Session on the project. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Senior Planner — restated actions taken at the previous City Council Meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner — reviewed items for the March 9, 1999 meeting. G. ADJOURNMENT —Adjourn to the March 9,1999 meeting. A MOTION WAS MADE BY ]KERINS, SECONDED BY CHAPMAN, TO ADJOURN TO A 5:00 PM STUDY SESSION ON MARCH 9,1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl 14"4 ZY44 Howard Zelefsky, SecretarA PC Minutes — 2/23/99 (99PCM223)