HomeMy WebLinkAbout1999-08-24J
I
7
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, AUGUST 24,1999
STUDY SESSION - 5:30 PM
(Room B-8)
BLUFF BOTTOM PARKING — Wayne Carvalho
AGENDA REVIEW — Scott Hess
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
P P P P P P P
ROLL CALL: Laird, Kerins, Chapman,. Speaker, Biddle, Livengood, Mandic
AGENDA APPROVAL — Item B-4 was brought to the front of the agenda. Please note the
minutes will reflect actions taken in their regularly scheduled order.
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 ENTITLEMENT PLAN AMENDMENT NO.99-6 (FLYNN PORCH
ENCLOSURE) (CONTINUED FROM THE AUGUST 10,1999 MEETING):
APPLICANT: West Coast Custom Rooms, Ralph James
LOCATION: 638 Main Street (southeast corner of Main Street and Palm Avenue)
PROJECT
PLANNER: Jane James
Entitlement Plan Amendment No. 99-6 represents a request by West Coast Custom Rooms, on
behalf of Ms. Jennilee Flynn, to amend a previous condition of approval on a residential project.
The 26 residences located on Main and Lake Streets, south of Palm Avenue, received a project -
wide variance to allow construction of solid roofed front porches even though the roofed porch
caused the sites to exceed site coverage. Although the variance was approved on appeal by the
Planning Commission, the approval prohibited the enclosure of open -sided, solid -roofed front
porches. This entitlement plan amendment is proposed in order to permit an existing porch
enclosure/sunroom to remain for a limited time at 638 Main Street.
On August 10, 1999, the Planning Commission continued the project at the applicant's request to
a public hearing on August 24, 1999. The property owner requested a continuance because she
needed more time to analyze staffs recommendation on the project. Staff and the property
owner have spoken since the previous Planning Commission meeting, however, the property
owner indicated that she did not need any additional information.
STAFF RECOMMENDATION:
Staff recommends approval of Entitlement Plan Amendment No. 99-6 because a series of errors
by the developer, the applicant, and City staff resulted in erroneous- construction of the enclosure,
the suggested conditions of approval allow the amendment for the subject property only, the
enclosure will be approved for a limited time only, and requires reconstruction to its original
condition when the current owner vacates the property.
THE PUBLIC HEARING WAS OPENED.
John Mancino, 6061 Doyle Drive, representing his sister the property owner, stated that she does
not wish to pursue the application to approve the patio enclosure. He stated that the property
owner is willing to remove the enclosure within a reasonable time period with full
reimbursement by a party decided upon by the City, the developer and the construction company.
The Commission asked Mr. Mancino what the property owner is opposed to in the conditions of
approval. Mr. Mancino stated that she does not wish to go through any more duress, she just
wishes to get rid of it.
Dennis Mancino, Mission Viejo, nephew of the property owner, stated that the property owner is
not at fault in this situation and at this point is so distraught, she wishes it to be removed with
reimbursement costs provided her.
PC Minutes — 8/24/99 2 (99PCM0824)
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed approving the request with revisions to allow the enclosure to remain
when the property is sold. Some of the Commissioners felt that the property owner did not try to
do anything illegal and that the contractor and developer were in error. A condition would also
be added to notify the other 25 property owners that they would not be allowed to build
enclosures.
Commissioners Kerins, Chapman and Biddle stated they were sympathetic to the property owner
and that it would not be fair to allow only one home to have such an enclosure. They felt it
might also serve as an example to promote further violations of the ordinance to occur.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO APPROVE
ENTITLEMENT PLAN AMENDMENT NO.99-6 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Laird, Speaker, Livengood, Mandic
NOES: Kerins, Chapman, Biddle
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.99- 6:
Entitlement Plan Amendment No. 99-6 to amend Condition of Approval No. 2 of Variance
No. 97-11 and Coastal Development No. 97-23 for the establishment, maintenance and
operation of a front porch enclosure at 638 Main Street 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 front porch is only for one resident
within the existing 26 unit tract of homes. It does not include windows on the south side and
therefore protects privacy of the front porch and residence to the south. The general welfare
of other residents in the vicinity will not be impacted because the enclosure is located
entirely on the subject lot and does not impact the enjoyment and use of any other property.
The front porch enclosure is painted to match the building and complies with the conditions
of approval imposed.
2. The conditional use permit will be compatible with surrounding uses because it does not
exacerbate the previously approved variance for site coverage and is a compatible design
with the adjacent single family residence.
3. The proposed entitlement plan amendment to allow a front porch enclosure at one residence
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 because a variance was
previously granted to exceed site coverage and the proposed project does not worsen the
variance.
PC Minutes — 8/24/99 3 (99PCM0824)
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 M-F 11/25-sp-pd (Mixed Use-2.0 (mu)-
2.0 (c)/25 du/acre-Specific Plan Overlay -Pedestrian Overlay) on the subject property. The
front porch enclosure does not negatively impact the preservation of the existing residential
neighborhood (Objective LU 9.2) and does not conflict with the mixed use goal to enable
residents to live in proximity to commercial uses (Goal LU 11). The front porch enclosure
does not conflict with the goals and policies of the Pedestrian Overlay designation because
the policies are generally written to promote pedestrian activity within the downtown
commercial core (Policy LU 15.2.2) and this is clearly a residential area.
5. The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Class 1, Section 15301 which states that operation and minor alterations
to existing structures are exempt.
CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.99-6:
1. The site plan, floor plans, and elevations received and dated June 16, 1999 shall be the
conceptually approved layout with the following modification:
a. The site plan and property improvements shall be revised to demonstrate compliance with
the minimum 12 foot front setback for the existing vine trellis/arch.
2. Building Permit No. B064905 for the porch enclosure shall be finaled within 60 days of
approval of this conditional use permit.
3. Condition of Approval No. 2 of Variance No. 97-11 and Coastal Development Permit No.
97-23 shall hereby be amended as follows:
"The front covered porches shall not be enclosed nor shall side walls be added pursuant to a
covenant that shall be recorded on the property. The covenant shall be submitted to the
Community Development Department for review and shall be recorded prior to final building
permit approval. This condition of approval is hereby amended for the property at 638 Main
Street (southeast comer of Main Street and Palm Avenue) only. The front porch enclosure
may remain at 63 8 Main Street."
4. All other Conditions of Approval for Variance No. 97-11 and Coastal Development Permit
No. 97-23 shall be remain in effect.
5. This Entitlement Plan Amendment No. 99-6 shall be effective for the property located at 638
Main Street (southeast corner of Main Street and Palm Avenue) only and shall not apply to
the other 25 homes constructed in the original project by TNR Development.
PC Minutes — 8/24/99 4 (99PCM0824)
6. 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'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. Entitlement Plan Amendment No. 99-6 shall not become effective until the ten day appeal
period has elapsed.
2. Entitlement Plan Amendment No. 99-6 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 Entitlement Plan Amendment No.
99-6, pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
5. Construction shall be limited to Monday - 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 Planning Department within two (2) days of
lann the Ping Commission's action.
PC Minutes — 8/24/99 5 (99PCM0824)
B-2 CONDITIONAL USE PERMIT NO 99-331VARIANCE NO.99-13 (APPEAL)
HABITAT FOR HUMANITY):
APPELLANT: Fred Speaker, Planning Commission Chairperson Applicant: Habitat
for Humanity, Mike Bekins
LOCATION: Property 1: 2422 England Street (southeast corner of Yorktown Avenue
and England Street); Property 2: 2419 Florida Street (southwest corner
of Yorktown Avenue and Florida Street); Property 3: 2501 England
Street (northwest corner of Yorktown Avenue and England Street)
PROJECT
PLANNER: Jane James
Conditional Use Permit No. 99-33 and Variance No. 99-13 represent a request by Habitat for
Humanity of Orange County to construct three single family residential homes on three separate
lots which are substandard in lot size and lot width. A parking variance is also requested for one
of the properties because the lot is too small to provide two open driveway spaces as required by
code. Habitat for Humanity is a non-profit organization which relies on volunteer labor and
services to construct affordable housing projects world-wide.
The project was approved by the Zoning Administrator on July 28, 1999 and appealed by
Planning Commission Chairman Fred Speaker on August 3, 1999. The appeal was filed to allow
the Planning Commission to review the proposed request instead of the Zoning Administrator
and to disclose more information about the future ownership and occupancy of the proposed
units.
STAFF RECOMMENDATION:
Planning staff recommends that the Planning Commission uphold the Zoning Administrator's
action and approve Conditional Use Permit No. 99-33 and Variance No. 99-13 with findings and
suggested conditions of approval for the following reasons:
♦ The substandard lots were created as a result of street widening and would otherwise be
undevelopable.
• Development of the substandard lots will improve aesthetics of three vacant properties and
will potentially add value to the neighborhood.
♦ The three one-story residences will be harmonious with other one, two, and three story
residential structures in the area and the structures are scaled proportionately to the size of
the substandard lots.
• The proposed construction will meet all provisions of the zoning code with the exception of a
parking variance on one lot.
♦ The residences will serve the needs for affordable housing in the City and are compatible
with the goals and policies of the General Plan.
♦ The variance for parking on one lot is justified because the lot is substandard in size due to
street widening and the lot is encumbered by a private alley easement.
♦ The variance will not be detrimental to the public welfare because sufficient parking for the
two bedroom home can be provided in a two car garage on -site and street parking is
available.
PC Minutes — 8/24/99
(99PCM0824)
Commissioner Speaker stated that he appealed the item for two (2) reasons. First, he did not feel
that the process of giving away city land by city staff was appropriate. Second, there was
nothing specifying that property be resold for low income housing only.
Staff explained that the only reasons these residential units required a public hearing by the
Zoning Administrator is because development is proposed on lots that are substandard in size
and one of the lots is too small to provide two open driveway parking spaces. In fact, the
substandard size of the lot is due to a street widening project conducted by the City. Without
approval of a conditional use permit these lots would be undevelopable, would remain vacant,
and would remain a potential eyesore. If this same development was proposed on a standard size
lot and all code requirements were met, no public hearing would be required. Simply because
the lot is owned by the City, donated to the applicant, and an affordable housing project is
proposed by a non-profit organization does not result in the need for discretionary review. The
financial arrangements between the City and the applicant are not land use related issues. The
Zoning Administrator's approval was based on the fact that development on the small lots would
not be detrimental to other properties and that adequate parking could be provided for the
smallest residence even though a variance was requested. As clarification, the Zoning
Administrator was not authorizing the dispensement of city owned property, only that the
proposed project meet the code pursuant to a conditional use permit.
The second issue of the appeal asked for additional information regarding the future ownership
and occupancy of the units. Although the homes are sold to the selected families, Habitat retains
the first right of refusal should the homeowner wish to sell the property. Each homeowner signs
a Purchase Agreement during escrow which stipulates the selling price when the home is resold
to Habitat. The formula used for calculating the selling price is based on the original purchase
price plus 50% of the increase in Consumer Price Index between the first escrow and the time the
property is resold.
THE PUBLIC HEARING WAS OPENED.
Ron Blake, Habitat for Humanity, 2165 So. Grand, Santa Ana, President Habitat for Humanity,
gave a brief history of Habitat for Humanity. He stated that for this project they planned to do a
"blitz" build and be done in one week's time. Mr. Blake explained the process for selecting
families for the homes and urged the Commission to uphold the Zoning Administrator's
approval.
Mark Korando, 582 Park Drive, Costa Mesa, Habitat for Humanity, urged the Commission to
approve the request. He stated that the project is on a fast track and they hope to bring a positive
light to the city and the project.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes — 8/24/99 7 (99PCM0824)
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO UPHOLD
THE ZONING ADMINISTRATOR'S ACTION AND APPROVE CONDITIONAL USE
PERMIT NO.99-33 AND VARIANCE NO.99-13 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 PROJECTS EXEMPT FROM CEOA:
The Zoning Administrator finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15303, Class 3 of the CEQA Guidelines, because the project
involves construction of three (3) single family residences on three (3) separate lots. The homes
will not have any adverse individual or cumulative impacts on the environment.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-33:
1. Conditional Use Permit No. 99-33 for the establishment, maintenance and operation of the
three (3) single family residences on three (3) separate substandard lots 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
substandard lots were created as a result of street widening on Yorktown Avenue and
otherwise would not be developable. Approval of the conditional use permit will allow
development of the substandard lots, will improve the aesthetics of three vacant properties,
and will potentially add value to the neighborhood.
2. The conditional use permit will be compatible with surrounding uses because the Residential
Medium density neighborhood is primarily developed with single family and multi -family
residential units. The three proposed one-story residences will be harmonious with other
one, two, and three story residential structures in the area. In addition, the proposed
structures are scaled proportionately to the size of the substandard lots.
3. The proposed construction of three single family residences on three substandard lots 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, except for the variance
requested for two (2) open driveway parking spaces at 2501 England Street. The projects
meet or exceed all other code requirements and developments such as, setbacks, building
height, site coverage, etc.
PC Minutes — 8/24/99 8 (99PCM0824)
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 Residential Medium Density on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
a. Goal LU 9: Achieve the development of a range of housing units that provides for the
diverse economic, physical, and social needs of existing and future residents of
Huntington Beach.
b. Policy LU 9.1.2: Require that single family residential units be designed to convey a
high level of quality and character.
c. Policy LU 9.2.1: Require that all new residential development within existing residential
neighborhoods (i.e., infill) be compatible with existing structures.
The three single family homes are proposed by Habitat for Humanity, a non-profit
organization, that constructs affordable housing projects. The proposed housing units are
desirable because they will help meet the diverse needs of Huntington Beach residents. The
proposed residences are well designed, contain landscaping, private garages accessed from
the alley, wood fencing, and front porches which are all elements of new urban design trends.
The new residences will be compatible with existing structures because they are unobtrusive
single story, meet all required setbacks, do not exceed site coverage, and will be provided
with sufficient parking for the potential number of residents.
FINDINGS FOR APPROVAL - VARIANCE NO.99-13:
1. The granting of Variance No. 99-13 for provision of two enclosed garage spaces in lieu of
two enclosed and two open driveway spaces at 2501 England Street 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 parking have been granted
throughout the City for similarly zoned properties.
2. Because of special circumstances applicable to the subject property, including size and
surroundings, the strict application of the zoning ordinance is found to deprive the subject
property of privileges enjoyed by other properties in the vicinity and under identical zone
classification. The subject lot is severely undersized because of a street widening project
conducted by the City of Huntington Beach. In addition, the lot is encumbered by a private
alley easement providing access to the subject lot as well as numerous residential properties
to the north. The combination of reduced lot size, the private alley easement, and the
necessary setback from the easement make it difficult to design a residential project which
meets all development regulations. The strict application of the zoning ordinance would
result in a substantially smaller residence that would not be able to provide the necessary
comforts of a standard residence in Huntington Beach.
PC Minutes — 8/24/99 9 (99PCM0824)
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The applicant proposes to construct a single story, two -bedroom home with
a two car garage. If the project was required to provide two (2) open driveway spaces in
addition to the two (2) car garage, the proposed residence and private yard area would be
severely hampered. Granting of the variance will allow the applicant -to construct a viable
two -bedroom home that can be provided with sufficient parking, sufficient open space, and
sufficient floor area similar to other properties in the vicinity.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification. The reduction of two (2) open driveway
parking spaces will not adversely impact the adjacent properties because sufficient parking
for the two (2) bedroom house is provided within the two (2) car garage and guest parking is
available on England Street.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of Residential Medium Density on the subject property
because it will permit the development of a single family residence that will serve the needs
of a diverse section of Huntington Beach citizens and will not be detrimental to the quality
and character of the surrounding neighborhood.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-33/
VARIANCE NO.99-13:
1. The site plan, floor plans and elevations received and dated May 28, 1999 shall be the
conceptually approved layout with the following modifications:
a. All three site plans shall be revised to demonstrate compliance with the 10 ft by 10 ft
comer cut-off required at the intersection of the alley and driveway and also at the
intersection of the alley and public street. (Code Requirement)
b. The site plan for 2501 England Street shall be revised to depict a seven foot, six inch
private alley easement on the rear (westerly) portion of the lot. In addition, the garage
shall be setback a minimum of five (5) feet from the private alley easement. (Code
Requirement)
c. The site plan for 2501 England Street shall be revised to depict either a 10 foot separation
between the garage and main dwelling or the garage and main dwelling shall be
permanently attached. If the applicant chooses to permanently attach the two structures,
the applicant shall demonstrate compliance with maximum site coverage (50%)
requirements. (Code Requirement)
d. The elevations shall be revised to depict building height from the highest adjacent
sidewalk to the top of slab, and from top of slab to peak of roof . (Code Requirement)
PC Minutes — 8/24/99 10 (99PCM0824)
e. 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. (Code Requirement)
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 applicant shall demonstrate compliance with the Infill Ordinance -Section 230.22 of
the Huntington Beach Zoning and Subdivision Ordinance. (Code Requirement)
c. All Fire Department requirements shall be noted on the building plans. (FD).
d. Residential type structures on the subject property, whether attached or detached, shall be
constructed in compliance with the State acoustical standards set forth for units that lie
within the 60 CNEL contours of the property. Evidence of compliance shall consist of
submittal of an acoustical analysis report and plans, prepared under the supervision of a
person experienced in the field of acoustical engineering, with the application for
building permit(s). (Code Requirement)
e. An engineering geologist shall be engaged to submit a report indicating the ground
surface acceleration from earth movement for the subject property. All structures within
this development shall be constructed in compliance with the g-factors as indicated by the
geologist's report. Calculations for footings and structural members to withstand
anticipated g-factors shall be submitted to the City for review prior to the issuance of
building permits. (Code Requirement)
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 for each lot. (PW)
b. The applicant 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. (PW)
c. A Street Improvement Plan, prepared by a Registered Civil Engineer, shall be submitted
for review and approval. (PW)
PC Minutes — 8/24/99 11 (99PCM0824)
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. (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 Planning
Department.
b. All Public Works fees shall be paid. (PW)
c. A grading permit shall be issued. (PW)
d. Dedicate the following to the City of Huntington Beach (PW) (Code Requirement):
1) 20.00 feet off the north side of Yorktown Avenue between England Street and the
private alley. (PW)
2) 20.00 off the south side of Yorktown Avenue between England Street and Florida
Street. (PVV)
3) 27.00 foot radius at the southeast corner of Yorktown Avenue and England Street.
(PW)
4) 27.00 foot radius at the southwest corner of Yorktown Avenue and Florida Street.
(PW)
5) 27.00 foot radius at the northwest comer of Yorktown Avenue and England Street.
(PW)
e. The project shall comply with all provision of the Huntington Beach Fire Code and City
specification 422, Well Abandonment. The applicant shall locate former well "Potts
Coupland" Red Star Oil which appears on Fire Department's Oil Map. (FD)
f. Address number shall be installed to comply with City Specification 428.-(FD)
5. 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;
PC Minutes — 8/24/99 12 (99PCM0824)
c. Use low sulfur fuel (.051/o) 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.
6. Prior to final building permit inspection 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:
1) Landscaping;
2) A new, separate domestic water meter service shall be installed to each residence per
Water Division standards, and size to meet the minimum requirements set by the
uniform Plumbing Code (UPC) and Uniform Fire Code (UFC), if applicable.
Minimum water meter lateral size shall be one -inch. Meters shall be touch -read type.
(PW)
3) Although the meter must be replaced with a touch -read meter, the existing water
service serving 2501 England Street may potentially be utilized for
domestic/irrigation purposes, if it is of adequate size, conforms to current standards,
and is in working condition as determined by the Water Division. If this service
cannot be utilized, it shall be abandoned per City standards, and a new service shall
be installed. (PW)
4) The existing 6-inch water pipeline in Yorktown Avenue is undersized. The developer
shall provide a hydraulic network analysis to determine if this pipeline requires
replacement to meet the demands of the proposed development. Any improvements
to the City's water system (including water pipeline replacement) necessary to
support the proposed development shall be borne by the developer, at no cost to the
City. (PW)
5) The applicant shall remove the existing AC berm located on the north side of
Yorktown Avenue and construct new curb, gutter, and sidewalk per Public Works
requirements. (The new curb alignment shall be 42 feet north of centerline). (PW)
6) A guardrail/signing treatment for 2501 England is required immediately west of the
project site to clear the existing residence. (PW)
7) A 35.00 foot curb return with wheelchair ramp shall be constructed at the northwest
corner of Yorktown Avenue and England Street. (PW)
PC Minutes — 8/24/99 13 (99PCM0824)
8) The existing fire hydrant located on the north side of Yorktown Avenue shall be
relocated. (PW)
9) All new and existing overhead utilities shall be undergrounded. (PW)
10) The existing street light located on the north side of Yorktown Avenue shall be
relocated. (PW)
11)New street lighting shall meet Public Works requirements. (PW)
12) The existing grated storm drain inlet located a the northwest corner of Yorktown
Avenue and England Street shall be removed and replaced with a catch basin per
Public Works requirements. (PW)
13) The existing driveways located on the west side of England Street, north of Yorktown
Avenue shall be removed and replaced with curb, gutter, and sidewalk. (PW)
14) New sewer laterals shall be installed. (PW)
15) The rear yard setback at 2501 England Street shall be measured from the edge of the
7.50 foot wide private alley. (PW)
16) Signing and striping of Yorktown Avenue to be re -installed as required by Public
Works. (PW)
b. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
c. 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.
7. 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 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 99-33Nariance No. 99-13 shall not become effective until the ten
day appeal period has elapsed.
1
PC Minutes — 8/24/99 14 (99PCM0824)
2. Conditional Use Permit 99-33Nariance No. 99-13 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 Zoning Administrator reserves the right to revoke Conditional Use Permit 99-
33Nariance No. 99-13, 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. (PW)
5. Traffic Impact Fees shall be paid at the time of final inspection. (PW)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. Park and Recreation fees shall be paid prior to issuance of building permits.
8. State -mandated school impact fees shall be paid prior to issuance of building permits.
9. 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.
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 landscaping shall be maintained in a neat and clean manner, and in conformance with
the HBZSO. Prior to removing or replacing any landscaping, written approval must be
obtained from the Departments of Planning and Public Works. Substantial changes shall
require approval by the Zoning Administrator.
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 Planning Department within two (2) days of
the Zoning Administrator's action.
PC Minutes — 8/24/99 15 (99PCM0824)
B-3 CONDITIONAL USE PERMIT NO.99-42 (MCKENNA MOTORS VEHICLE
DISPLAY AND STORAGE LOT):
APPLICANT: Danny McKenna
LOCATION: 18771 & 18783 Beach Boulevard(1,000 feet north of Garfield Avenue)
PROJECT
PLANNER: Wayne Carvalho
Transmitted for Planning Commission consideration is Conditional Use Permit No. 99-42, a
request by McKenna Motors to establish a car display and storage lot in conjunction with the
existing McKenna Motors Automobile Dealership at 18711 Beach Boulevard. The proposed lot
which is currently occupied by abandoned residential structures, will be utilized for vehicle
display and storage use only and will not involve the construction of any buildings. Employees
will transport vehicles between the subject lot and the dealership during normal business hours;
no customer parking or sales will be conducted on the site.
STAFF RECOMMENDATION:
Staff supports the request based on the following reasons:
• The project is consistent with the Commercial General land use designation of the General
Plan. The project is located within the Beach Boulevard commercial corridor, which is
zoned for such use.
• The project is compatible with surrounding uses. The display and storage lot will be
compatible with the adjacent car dealerships, and other commercial uses in the area and is
designed to be integrated with the existing McKenna Motors Dealership. In addition, the
perimeter landscaping will provide an adequate buffer to the adjacent residential uses to the
west.
• The proposed lot will accommodate the demand for more vehicle storage and display area
for the McKenna Motors Dealership.
• The project will provide for the expansion of goods and services to accommodate the needs
of all residents in Huntington Beach and the market area.
THE PUBLIC HEARING WAS OPENED.
Greg Latimer, 2421 W. 205'' Street, #201, Torrance, architect representing applicant, stated that
the first stage of the overall dealership upgrade would be the expansion. Mr. Latimer stated that
the applicant concurs with staffs recommendations.
Don Stephens, 18711 Beach Boulevard, representing applicant, stated that the store has been
family owned and at this located for 30 years. He stated that the business is increasing and they
need additional vehicle storage area.
PC Minutes — 8/24/99 16 (99PCM0824)
Terrance Shannon, 3337 Camino, San Clemente, General Counsel representing applicant, stated
he was concerned that a contradiction occurs when Condition No. l.c. requires lighting to be
dimmed to a minimum security level while Condition No. 5.c. requires additional lighting be
installed in front of the subject property.
The Commission asked staff about the supposed contradiction. Staff stated that Condition No.
1.c. is for on -site lighting, while Condition No. 5.a. is for street lights along Beach Boulevard.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission requested additional conditions be placed on the request to include combining
Conditions No. 3 and 5 and stating `prior to display and storage,' require the landscape and
fencing plan to be submitted to the Design Review Board, and require the approval be in
conjunction with McKenna Motors use only.
A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE
CONDITIONAL USE PERMIT NO.99-42 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES:
None
ABSENT:
ABSTAIN:
None
None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-42:
1. Conditional Use Permit No. 99-42 for the establishment, maintenance and operation of the
car display and storage lot in conjunction with McKenna Motors 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 proposed use will be operated in
conjunction with the existing auto dealership and will not impact the existing residential and
commercial uses in the area.
2. The conditional use permit will be compatible with the surrounding commercial uses. The
vehicle display and storage lot will be compatible with the adjacent automobile dealership
uses and commercial uses on Beach Boulevard. In addition, the use is designed to be
compatible with the adjacent residential uses to the west by providing a landscape buffer
along the west property line.
3. The proposed vehicle display and storage lot 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. No exceptions to development standards are requested as part
of this application.
PC Minutes — 8/24/99 17 (99PCM0824)
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 General Commercial on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
LU 10.1 Provide for the continuation of existing and the development of a diversity of
retail and service commercial uses that are oriented to the needs of local
residences, serve the surrounding region, serve visitors to the City, and
capitalize on Huntington Beach's recreational resources.
LU 10.1.12 Require that Commercial General uses be designed and developed to achieve
a high level of quality, distinctive character, and compatibility with existing
uses and development including the consideration of incorporation of site
landscape, particularly along street frontages and in parking lots.
ED 2.4.3 Encourage the expansion of the range of goods and services provided in
Huntington Beach to accommodate the needs of all residents in Huntington
Beach and the market area.
The vacant lot will provide additional area for display and storage of vehicles for the
McKenna Motors Auto Dealership. The lot will provide much needed space for automobile
storage, without impacting surrounding uses. The design of the lot will be compatible with
other automobile dealerships in the area by providing sufficient landscaping along the street
frontage and within the parking area.
5. The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15311 of the CEQA Guidelines, which states that construction
of minor accessory structures including small parking lots are exempt from further
environmental review.
CONDITIONS OF APPROVAL — CONDITITIONAL USE PERMIT NO.99-42:
1. The site plan received and dated July 2, 1999 shall be the conceptually approved layout with
the following modifications:
a. The vehicular access gates shall be restricted to 42 inches in height, and shall be reviewed
and approved by Design Review Board.
b. 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
PC Minutes — 8/24/99 18 (99PCM0824)
c. If on -site 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. Lighting shall be capable of being dimmed to a
minimum security level when the facility is not in operation.
2. 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. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. The entire site must drain into a clarifier
prior to entering the storm drain system per Public Works requirements. (PW)
c. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis
shall include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, foundations, retaining walls, streets, utilities, and chemical
and fill properties. (PW)
d. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be
reviewed and approved by the Design Review Board, and to the Department of Public
Works, Park, Tree and Landscape Division. Existing mature trees that are to be removed
shall be replaced at a 2:1 ratio with a 36" box tree or the palm equivalent (13'-14' of
trunk height for Queen Palms and 8'-9' of brown trunk). The Developer shall submit
irrigation demands to ensure proper irrigation service sizing. (PW)
e. Hydrology and hydraulic studies for both on and off site facilities shall be submitted.
(PW)
3. Prior to display and storage of vehicles, the following shall be completed:
a. A covenant to hold both lots as one parcel shall be submitted for review by the City
Attorney and recorded with the Orange County Recorder. A copy of the recorded
covenant shall be submitted to the Planning Department for inclusion into the entitlement
file.
b. The subject property owner shall provide an irrevocable offer to dedicate a reciprocal
driveway and parking easement(s), between the subject site and adjacent commercial
properties. The subject property owner shall be responsible for making necessary
improvements to implement the reciprocal driveway. The legal instrument shall be
submitted to the Planning Department a minimum of 30 days prior to issuance of a
building permit or landscape permit. The document shall be approved by the Planning
Department and the City Attorney as to form and content and, when approved, shall be
recorded in the Office of the County Recorder. A copy of the recorded document shall be
filed with the Planning Department. (PW )(Code Requirement)
PC Minutes — 8/24/99 19 (99PCM0824)
c. Submit gated entryway (access control devices) plans to the Planning Department. The
gated entryway shall comply with Fire Department Standard No. 403. Prior to the
installation of any gates, such plan shall be reviewed and approved by the Planning, Fire
and Public Works Departments.
d. The applicant shall install an Edison -owned streetlight meeting Public Works
requirements in front of the subject property. (PW)
e. All driveways shall be removed and replaced to current Caltrans and ADA standards, and
shall be a minimum of 27 feet wide. (PW)
f. The existing water service serving the site may potentially be utilized for domestic and/or
irrigation purposes if it is of adequate size, conforms to current standards, and is in
working condition as determined by the Water Division. The meter shall be replaced
with a touch -read meter. If a new service is required, it shall be installed per Water
Division standards and sized to meet the minimum requirements set by the Uniform
Plumbing Code (UPC). Minimum new service lateral size shall be two inches (2"). (PW)
g. Separate backflow protection shall be installed per the City of Huntington Beach water
Division standards for domestic, irrigation and fire water services. (PW)
h. 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)
i. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
j. 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.
4. During grading and 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.
PC Minutes — 8/24/99 20 (99PCM0824)
1
5. The vehicle display and storage lot shall comply with the following:
a. The vehicular access gates shall be opened at the start of business and closed at the close
of business by a McKenna Motors employee who will walk from the main dealership.
(PW)
b. No customer parking shall be permitted on site. (PW)
c. Service roads and fire access lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
d. There shall be no storage of inoperable vehicles, vehicle parts, equipment or trailers.
e. There shall be no repair work conducted on the lot.
f. Only the uses described in the narrative shall be permitted and only in conjunction with
McKenna motors.
6. 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 are proposed as a
result of the plan check process. Operation of the display and storage lot shall not be
permitted until the Planning 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. 99-42 shall not become effective until the ten day appeal
period has elapsed.
2. Conditional Use Permit No. 99-42 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 Conditional Use Permit No. 99-42,
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. (PW)
5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
PC Minutes — 8/24/99
21
(99PCM0824)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. A Caltrans permit shall be required for all work within the State right-of-way. (PW)
8. A Certificate of Occupancy shall be issued by the Planning Department prior to occupying
the site.
9. 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.
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 Planning Department, which includes
review and approval by the Design Review Board.
12. All landscaping shall be maintained in a neat and clean manner, and in conformance with
the HBZSO. Prior to removing or replacing any landscaping, written approval must be
obtained from the Departments of Planning and Public Works. Substantial changes shall
require approval by the Planning Commission.
13. 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-4 ENTITLEMENT PLAN AMENDMENT NO.99-1 (ST. VINCENT DE PAUL
MASTER PLAN):
APPLICANT: Dennis Hyndman/Tom Fowler
LOCATION: 8345 Talbert Avenue (north side of Talbert Avenue between Beach
Boulevard and Newland Street).
PROJECT
PLANNER: Amy Wolfe
Entitlement Plan Amendment No. 99-1 represents a request by Dennis Hyndman to amend a
previously approved conditional use permit (CUP No. 80-7) to allow development of an
approximately 12,300 sq. ft. religious assembly facility, in conjunction with meeting rooms,
storage and classrooms and associated site improvements at 8345 Talbert Avenue.
PC Minutes — 8/24/99 22 (99PCM0824)
STAFF RECOMMENDATION:
On August 12, 1999, the applicant requested continuance of the scheduled public hearing for the
project in order to complete floor plan modifications requested by the project client and address
drainage design issues. Staff recommends that the Planning Commission continue the project
with the public hearing open to the September 14, 1999 meeting, in accordance with the
applicant's request.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO CONTINUE
ENTITLEMENT PLAN AMENDMENT NO.99-1, WITH THE PUBLIC HEARING
OPEN, TO THE SEPTEMBER 14,1999 PLANNING COMMISSION MEETING, BY
THE FOLLOWING VOTE:
AYES:
Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandie
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
B-5 GENERAL PLAN AMENDMENT NO.99-2/LOCAL COASTAL PROGRAM
AMENDMENT NO.99-3 (COASTAL ELEMENT UPDATE):
APPLICANT: City of Huntington Beach
LOCATION: The northern City limit at Seal Beach, south nine miles to the Santa Ana
River at the Huntington Beach/Newport Beach boundary, inland from
the mean high tide line from 1,000 yards to over one mile in some areas,
encompassing approximately five (5) square miles of land and water, or
about 17 percent of the total area of the City.
PROJECT
PLANNER: Cindy Chie
General Plan Amendment No. 99-2 and Local Coastal Program Amendment No. 99-3 are
requested to update the General Plan Coastal Element. The Coastal Element that the City is
currently utilizing was adopted in 1985. The updated Coastal Element reflects changes in
California Coastal Act requirements and the goals and policies of the 1996 updated General Plan.
It also addresses the current needs and issues that relate to the coastal zone. This proposal does
not involve any changes to the land use plan that was approved with the 1996 updated General
Plan.
PC Minutes — 8/24/99 23 (99PCM0824)
STAFF RECOMMENDATION:
Staff has received detailed comments on the draft updated Coastal Element from Coastal
Commission staff. However, these comments were received two weeks after the close of the
comment period and staff has not had the opportunity to analyze them. Therefore, staff
recommends that the Planning Commission review the updated Coastal Element and open the
public hearing for comments, and continue the item to a later date so that comments made by the
Coastal Commission can be properly addressed.
A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN, TO CONTINUE
GENERAL PLAN AMENDMENT NO.99-2 AND LOCAL COASTAL PROGRAM
AMENDMENT NO.99-3, WITH THE PUBLIC HEARING OPEN, TO THE OCTOBER
12,1999 PLANNING COMMISSION MEETING, 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 AUGUST 10,1999.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO APPROVE
PLANNING COMMISSION MINUTES DATED AUGUST 10,1999, 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
0
PC Minutes — 8/24/99 24 (99PCM0824)
n
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
None
E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Kerins,— asked staff to report back on the subdivision and separate
ownership of parcels on the Seacliff Village property and status of the Bartlett Park
Report. Commissioner Kerins stated that many of the items on the Planning Commission
Inquiry list were stale and would appreciate responses in a more timely manner.
Commissioner Kerins also stated that the City's Ordinances are not being followed or
strictly enforced, and a re -engineering or re -structuring of our Code Enforcement policies
and processes should be reviewed.
Commissioner Chapman — stated that dirt and dust are a major concern at the 31 acres
site along Pacific Coast Highway. He complained that the City does not enforce the
codes until people complain. Staff stated that as they get complaints they try to follow
through on their resolution. For this particular site staff stated that the inspector had shut
down the construction site and ordered a sweeper to clean the streets. The City staff is
continuing to work with the grading operators to keep the area clean.
Commissioner Chapman inquired about the schedule for the Goldenwest construction
that is interrupting the use of equestrian trails in the Ellis Goldenwest Quartersection.
Public Works staff indicated that it is an interim disruption until the recently approved
development projects are completed.
Commissioner Chapman referred to Item B-1, Flynn porch enclosure, stating that the
remaining 25 homes of the development are now flagged by address in the building
permit computer files so that the porches should not be enclosed. He asked why this was
not done before. Staff stated that it was a unique situation that occurred with this request
and that they have reviewed where the errors on the City's part occurred and are
remedying so this will not occur again.
Commissioner Speaker — stated that he had met with Commissioner Mandic and City
staff to discuss the reconsideration hearing of the Small Lot Zoning Text Amendment.
He stated that he will discuss their conclusions at the September 14, 1999 Study Session,
at 4:00 PM.
Commissioner Biddle — questioned staff as to why the Coastal Commission has appealed
the city's coastal development permit for the wetland's mitigation plan in conjunction
with the Waterfront project. He feels the Coastal Commission has no integrity. Also,
that it is unfair based upon the fact that the coastal development permit is consistent with
the city's approved Local Coastal Program and the Waterfront Master Plan.
PC Minutes — 8/24/99 25 (99PCM0824)
F.
F-1
F-2
Commissioner Biddle stated he was disappointed that the Commission did not receive the
Coroner's report for the Sandover site in a timely manner. He also asked staff if the
landscaping on Edwards Hill is complete. Staff stated that it was complete.
Commissioner Mandic — asked for an update on the non conforming auto dealership at
Beach and Yorktown. Staff stated that there is a court hearing on the matter, Wednesday,
August 25, 1999. Commissioner Mandic requested staff to report back on the process for
Measure M funding replacement and a code enforcement issue on the corner in the
downtown area (she stated she would give the address to staff following the meeting).
Commissioner Mandic asked staff what happens if an error is found after a building
permit is issued. Staff stated that the staff reviews the approved plans and the issued
permits. Depending on where the inconsistency occurs, staff notifies the property owner
and the work is revised or a stop work order is issued. The property owner then will need
to comply by either removing the work or seek administrative remedy by applying for a
zoning entitlement.
Commissioner Mandic stated she is disappointed that the Commission, at the August 10,
1999 Planning Commission meeting, asked for an immediate response to the
archeological report on the Sandover site and a copy of the Coroner's report, and did not
receive a report until they received their packets on August 19, 1999 and then it was only
a short response. She asked staff to report back immediately on the status of the site if it
has changed.
PLANNING ITEMS
CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
None
PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Principal Planner — reviewed items for the September 14, 1999 meeting.
PC Minutes — 8/24/99 26 (99PCM0824)
G. ADJOURNMENT —Adjourn to the September 14,1999 4: 00 PMStudy Session
relating to Small Lot Development Standards and then to the regularly scheduled
meeting.
A MOTION WAS MADE BY SPEAKER, SECONDED BY BIDDLE, TO ADJOURN TO
A 4:00 PM STUDY SESSION ON SEPTEMBER 14, 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
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PC Minutes — 8/24/99 27 (99PCM0824)