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HomeMy WebLinkAbout1999-03-30MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 30,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Room B-8) COASTAL ELEMENT UPDATE — Mary Beth Broeren AGENDA REVIEW — 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 A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.98-831VARIANCE NO.98-25 (EDINGER SERVICE STATION/MINI MART/CAR WASH) (CONTINUED FROM THE MARCH 9,1999 MEETING): APPLICANT: Bernard Daliri LOCATION: 5002 Edinger (southeast corner of Edinger Avenue and Bolsa Chica Street) PROJECT PLANNER: Joseph Thompson Conditional Use Permit No. 98-83 and Variance No. 98-25 represent a request by Bernard Daliri to permit construction of a new gas station. The proposal includes construction of a 1,470 square foot convenience market, 900 square foot self-service car wash, and 2,476 square foot canopy covering two self -serve pump islands with four dual sided pumps. A variance is requested, as the construction of the new gas station with convenience market and self-service car wash is proposed with six (6) parking spaces in lieu on the minimum ten (10) and the subject parcel does not comply with minimum lot size requirements for a gas station (18,797 square feet in lieu of 22,500 square feet). At the March 9, 1999 meeting, the Planning Commission discussed the intensity of the project, the variance request, merits of the business, potential parking and noise impacts to adjacent businesses and homeowners, and public notification. The Planning Commission continued the request and directed staff to: 1. Prepare an alternative site plan without the car wash that conforms to code in terms of parking (Alternative Action No. A); 2. Prepare alternative findings and conditions of approval for Alternative Action No. B (applicant's request); 3. Request from the City Attorney's office a legal review of the proposed findings for the variance (Would they comply with State law?); 4. Develop a matrix comparing the proposed use with other gas stations; 5. Send notices of the continued public hearing to residents and tenants within 300 feet of the subject property; and 6. Review the proposed architecture. A MOTION WAS MADE BY ]KERINS, SECONDED BY CHAPMAN, TO RE -OPEN THE PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED THE PUBLIC HEARING WAS RE -OPENED. Bernard Daliri, 5002 Edinger, applicant, submitted and explained a revised site plan to the Planning Commission. The applicant, in answer to the Commissioner's questions, also stated that he felt the car wash was important to allow him to compete with other businesses. He also stated that he did not look at any other uses to put on the property because he was never made aware that it would be a problem to put a gas station back on, and all he knows is gas station uses. THERE WERE NO OTHER PERSONS PRESENT AND THE PUBLIC HEARING WAS RE -CLOSED. The Commission asked staff what other uses might be allowed on the subject property. Staff stated that a small retail center or fast food restaurant would be permitted on the subject property. The Commission also asked staff if any complaints or comments had been received from the surrounding businesses or residents regarding the use, after the re -notification. Staff stated that no comments, written or verbal, have been received from the public. The majority of the Commission stated that they would support the request for the gas station with convenience market and variance for reduced lot size but not the car wash and variance for reduced on -site parking. Commissioner's Laird and Mandic stated that they would support a car wash with the request. 1 c PC Minutes — 3/30/99 2 (99PCM330) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS TO APPROVE ALTERNATIVE NO. B AS MODIFIED WITH 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 FINDINGS FOR APPROVAL - VARIANCE NO.98-25 (for reduced lot size only): The granting of Variance No. 98-25 to allow development of a gas station with convenience market on an 18,797 square foot lot in lieu of the minimum 22,500 square feet, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Reciprocal access to the site is located on the adjacent commercial parcel to the east and, therefore, provides more usable lot area for the subject site. Minimum lot width is maintained along the west property line where direct access is gained to the site from Bolsa Chica Street. Based upon the conditions imposed, (specifically, the elimination of the car wash which results in on -site parking in compliance with the code), the use is consistent with other properties in the vicinity. 2. Because of special circumstances applicable to the subject property, including size, shape, topography and 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 site is a corner lot with vehicle access from Edinger Avenue and Bolsa Chica Street. The site abuts an alley along the southerly property line. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. The substandard lot is surrounded by Edinger Avenue, Bolsa Chica Street, an alley, and a developed parcel which prevents additional property to be included in the project boundary. There was a gas station on the premises that was demolished in 1997. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zoning classification. The location of the convenience market will buffer noise from the four (4) pump islands. The applicant will close both driveways nearest to the corner of Edinger Avenue and Bolsa Chica Street, which will improve circulation on and off the site. Based upon the conditions imposed, the project will be consistent with other properties in the same zoning classification. 5. The granting of Variance No. 98-25 for reduced parking of six (6) spaces in lieu of the minimum ten (10) is denied because, with the elimination of the car wash, the site can accommodate the required number of parking spaces as required by code. Reduced parking by variance will be a grant of special privilege and result in an over intensification of the property. PC Minutes — 3/30/99 3 (99PCM330) FINDINGS FOR APPROVAL - CONDITIONAL USE PERNIIT NO.98-83 1. Conditional Use Permit No. 98-83 for the establishment, maintenance and operation of the 24-hour gas station with convenience market (without a car wash) 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 granting of the conditional use permit is consistent with the CG (Commercial General) designation of the General Plan, which provides for commercial uses such as a gas station with convenience market. There will be adequate parking on -site to accommodate the proposed uses. 2. The conditional use permit will be compatible with surrounding uses because the location, site layout and design of the proposed gas station and convenience market properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The site has adequate on -site circulation between uses and will provide landscaped treatments along property lines to serve as a buffer between properties. 3. The proposed gas station with convenience market 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. The circulation and access to and from the pump islands and parking spaces, does not create an undue traffic problem. The applicant will close both driveways nearest the corner of Edinger Avenue and Bolsa Chica Street, which will improve circulation on and off the site. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a) LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for current and future residents of Huntington Beach. b) L U 4.2.4: Require that all development be designed, to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-83/VARIANCE NO.98-25• 1. The site plan, floor plans and elevations received and dated January 15, 1999 shall be the conceptually approved layout with the following modifications: a. The car wash was not approved therefore, it shall be removed and the remaining portion of the building shall be moved back to the south property line per the revised plan dated March 24, 1999. (Attachment No. 2B) b. Stamped concrete shall be provided at all site entrances. All stamped concrete areas shall be the same width of the entrance and shall be a minimum of ten (10) feet wide as measured from behind the property lines. PC Minutes — 3/30/99 4 (99PCM330) c. Additional parking spaces shall be added so the total parking spaces on the site complies with the HBZSO. The Planning Department shall review the location of all parking spaces prior to submittal for building permits. d. Elevations shall depict colors and building materials proposed. e. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) f. 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) g. All exterior mechanical equipment shall be screened 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) h. 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. i. The maximum separation between building wall and property line shall not exceed two (2) inches. j. 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. 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. The Design Review Board shall review and approve the following: 1) Revised site plan and elevations as modified pursuant to Condition No. 1. 2) Proposed colors and building materials. PC Minutes — 3/30/99 5 (99PCM330) 3) Proposed structures shall be architecturally compatible with existing structures. c. All Fire Department requirements shall be noted on the building plans. (FD). d. A detailed soils analysis,shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (PW) (Code Requirement) e. A planned sign program for all signage shall be submitted to the Department Planning. Said program shall be approved prior to the first sign request. 3. Prior to issuance of grading 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. (PW) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PW) c. Blockwall/fencing plans shall be submitted to and approved by the Department Planning. Double walls shall be prohibited. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. d. In accordance with NPDES requirements, a "Water Quality,Control Plan" shall be prepared by a Civil or Environmental Engineer. (PW) (Code Requirement) e. The developer shall submit a complete set of landscape plans to the Park, Tree and Landscape Division for their approval, prepared by a licensed Landscape Architect, showing all proposed plantings. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. One 36" box tree (or palm equivalent) is required for every 45 lineal feet or frontage. In addition, one 24" box (or palm equivalent) is required for every 10 parking spaces. (PW) (Code Requirement) 4. Prior to issuance of building permits, the following shall be completed: a. 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. b. All Public Works fees shall be paid. (PW) PC Minutes — 3/30/99 6 (99PCM330) 5. Prior to Certificate of Occupancy and final Building Permit approval, the following shall be completed: a. The proposed building shall have a separate domestic water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). All meters (new and existing) shall be a touch read type. (PW) b. Separate backflow protection shall be installed per the City of Huntington Beach Water Division Standards for domestic, fire and irrigation water services. (PW) c. The existing water service serving the site may potentially be utilized for irrigation purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. The existing water meter must be replaced with a touch read meter, and new conforming backflow device. (PW) d. A six-inch (6") sewer lateral shall be required. (PW) e. The developer shall remove and replace the existing curb, gutter and sidewalk along the frontage of both Edinger Avenue and Bolsa Chica Street. (PW) f. The most easterly driveway, within the access easement area, on Edinger Avenue shall be removed and replaced with a new radius type commercial driveway per City Standard Plan No. 211. The increased width shall be approved by the Public Works Traffic Division prior to construction. (PW) g. The developer shall remove and replace one half of the existing alley adjacent to the project. (PW) h. The developer shall remove and replace the existing traffic signal poles and pullboxes on the southeast corner of Edinger Avenue and Bolsa Chica Street. A traffic signal plan shall be prepared per the City's Traffic Signal Plan Preparation Guidelines. (PW) i. The developer shall remove and replace the existing wheelchair ramp at the intersection of Edinger Avenue and Bolsa Chica Street to comply with City Standards. (PW) j. The existing power pole on Bolsa Chica Street shall be undergrounded. (PW) k. The Traffic Impact Fee shall be paid prior to issuance of certificate of occupancy. (PW) 1. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. in. The applicant shall stripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. n. The Fire Department shall review the building plans for consideration of emergency shut- off locations, fire extinguisher placement and type, and placement of a phone and safe area inside the cooler. Extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) PC Minutes — 3/30/99 7 (99PCM330) o. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) p. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) q. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. r. 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. s. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. (FD) t. A telephone jack shall be installed in the cooler. (PD) 6. 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. 7. The use shall comply with the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. b. Restrooms shall be available and open to the public. c. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) d. All lanes are fire lanes. 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) PC Minutes — 3/30/99 8 (99PCM330) 8. 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 REOUIREMENTS: 1. Conditional Use Permit No. 98-83 and Variance No. 98-25 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-83 and Variance No. 98-25 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 Zoning Administrator reserves the right to revoke Conditional Use Permit No. 98-83 and Variance No. 98-25, 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) 5. 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. 9. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. PC Minutes — 3/30/99 9 (99PCM330) 12. 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. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MARCH 9, 1999 A MOTION WAS MADE BY BIDDLE, SECONDED BY ]KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 9,1999, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic 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 INQUIRIES/COMMENTS Commissioner Kerins - stated the Planner's Institute in Monterey was very good this year. He read to the Commission a list of key messages he had received from the Institute and asked the Commission if they wished to add theirs and forward to City Council. Commissioner Laird — stated the Planner's Institute in Monterey was very valuable. Commissioner Laird stated that he concurred with Commissioner Kerins' suggestion. Commissioner Chapman - stated the Planner's Institute in Monterey was extremely valuable and would like staff to encourage the City Council to attend future Conferences. Commissioner Chapman asked staff to report back on: 1) When construction will began on the proposed beach access at Seapoint and Pacific Coast Highway; 2) Investigate the construction of a porch enclosure at the corner of Main and Palm where only a porch cover was approved by variance; and 3) Check the wall height surrounding the Bluffs residential project on Edwards Street because it exceeds eight (8) feet. Commissioner Speaker - stated the Planner's Institute in Monterey was very interesting. PC Minutes — 3/30/99 10 (99PCM330) Commissioner Biddle - stated the Planner's Institute in Monterey was beneficial. Commissioner Biddle stated that he would like to see the Planning Commission get more involved with Redevelopment projects from the beginning and suggested a Commissioner be appointed as liaison to the Downtown Block 104/105 project. Mr. Zelefsky suggested that a Planning Commissioner attend the Economic Development Committee meetings on a rotational basis, which review Redevelopment projects. Commissioner Livengood - stated the Planner's Institute in Monterey was very valuable. Commissioner Mandic - asked staff to investigate the periodic power outages that occur in the Humboldt/Trinidad Island area. Howard Zelefsky, Planning Director, suggested that the Planning Commission relay their key messages from the Planner's Institute to staff who will make a list and put on the agenda for discussion/debate at the next meeting. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director — 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 April 13, 1999 Planning Commission meeting. G. ADJOURNMENT —Adjourn to the April 13, 1999 meeting. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO ADJOURN TO A 5:00 PM STUDY SESSION ON APRIL 13, 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 APPROVED BY: HdArd ZelefskiSecretary Planning omm si Chairperson PC Minutes — 3/30/99 11 (99PCM330)