HomeMy WebLinkAbout1999-10-26MINUTES
C
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, OCTOBER 26,1999
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION — 4:00 PM
(Room B-8)
PALM/GOLDENWEST SPECIFIC PLAN — Mary Beth Broeren
PLANNING COMMISSION PROTOCAL —Fred Speaker, Chairperson
AGENDA REVIEW — Herb Fauland
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
Anyone wishing to speak must fill out and submit a form to speak. No action can be taken 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 he 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 RECONSIDERATION OF ZONING TEXT AMENDMENT NO.99-2 (SMALL
LOT DEVELOPMENT STANDARDS):
APPLICANT: City of Huntington Beach
LOCATION: Residential Medium Density (RM), Residential Medium -High Density
PROJECT
PLANNER: Wayne Carvalho
Transmitted for Planning Commission reconsideration is Zoning Text Amendment No. 99-2, a
request by the City of Huntington Beach to amend the Huntington Beach Zoning and
Subdivision Ordinance (ZSO) by establishing development standards for small lot residential
subdivisions in multiple family residential districts (RM, RMH, and RH). On July 27, 1999, the
Planning Commission approved the zoning text amendment. At their next meeting on August
10, 1999, the Planning Commission voted to reconsider their action, requesting that staff further
analyze the proposed development standards.
Since the reconsideration, the Planning Commission received a brief overview of the standards
adopted for the Ladera Planned Community in Rancho Mission Viejo, and discussed the
possibility of including a floor area ratio (FAR) provision in the draft ordinance. A brief analysis
of the FAR standards is provided in this report.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission adopt the original ordinance as previously approved
by the Planning Commission in July for the following reasons:
• The proposed zoning text amendment provides the option for development of small lot
subdivisions in multi -family residential districts citywide.
• The proposed development standards will ensure that small lot subdivisions are
architecturally designed to provide a healthy and aesthetically pleasing environment and
remain compatible with existing surrounding residential uses. -
The proposed zoning text amendment will not adversely impact the City's review and public
hearing process.
• The proposed zoning text amendment is consistent with the goals and policies specified in
the Land Use and Economic Development Elements of the General Plan.
Alternative actions includes provisions for a floor area ratio (FAR) limitation or to continue the
zoning text amendment and direct staff to further analyze the Ladera Plan.
THE PUBLIC HEARING WAS OPENED.
Richard Harlow, 211-B, Main Street, asked that if the request were approved it only be applied
to future projects and not projects currently in process. Mr. Harlow also stated that the small lot
development standards are a single family residential alternate to multi family dwelling units.
He stated that the standards should not necessarily be required to meet the required dimensions
for regular single family residential development standards.
Mike Adams, PO Box 382, stated that the original intent of setting standards for small lot
developments was to provide an alternative to multi family dwellings. He stated that some of the
recommended standards actually discourage small lot development. He stated that the standards
should be allowed to vary according to lot size.
Bill Hezmalhauch, 17875 Von Karman, #404, Irvine, stated that the Commission should review
the guidelines used for the Ladera Planned Community in Rancho Mission Viejo and consider
incorporating them in the proposed small lot standards.
Leonie Herting, 8162 Kingfisher Drive, spoke in support of the proposed request, stated the
standards should be applied to any development currently in process.
PC Minutes - 10/26/99 2 (99PCM1026)
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed amendments to include changing the maximum Floor Area Ratio
(FAR) to .7 and include the option for parkways or no parkways.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE
ZONING TEXT AMENDMENT NO.99-2 AS AMENDED BY THE PLANNING
COMMISSION WITH FINDINGS AND FORWARD THE DRAFT ORDINANCE TO
THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE:
AYES: Laird, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: Kerins
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.99-2:
1. Zoning Text Amendment No. 99-2 to establish development standards for small lot single
family residential subdivisions in RM, RMH and RH Districts citywide is consistent with the
goals and policies contained in the City's General Plan. The amendment is consistent with
the objectives, policies, general land uses and programs specified in the Land Use Element of
the General Plan, including the requirement that development be designed to account for the
unique characteristics of project sites and objectives for community character and assure that
all small lot developments in multi -family districts be designed to be compatible with
existing adjacent uses, regardless of density or zoning designation. Furthermore, the
proposed code amendment will specify the approval process and development standards for
small lot, detached single family residential projects and will require small lot subdivisions
be of high quality and design with respect to building architecture and site layout, including
parking, landscaping and open space.
2. In the case of a general land use provision, the change proposed is compatible with the uses
authorized in, and the standards prescribed for, the zoning districts for which the small lot
subdivisions would be permitted. The proposed amendment addresses the RM, RMH, and
RH Districts citywide, permitting small lot subdivisions with the approval of a conditional
use permit and tentative map.
3. A community need is demonstrated for the change proposed. The City Council and Planning
Commission have recognized the need to offer a more viable option to developers of multi
family residential properties without jeopardizing the character of existing multi family
residential areas. The amendment will provide for housing types which are in demand in the
present housing market, and allow for development of single family detached units.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The amendment will permit the development of small lot, single family residential
subdivisions, while protecting the general welfare of property owners and tenants within
multi -family zoning districts.
PC Minutes - 10/26/99 3 (99PCM1026)
B-2 CONDITIONAL USE PERMIT NO.99-55 (HB BEER COMPANY LIVE
ENTERTAINMENT):
APPLICANT: Peter Andriet
LOCATION: 201 Main Street, Suite E, Second Story (northwest corner at Walnut
Avenue)
PROJECT
PLANNER: Wayne Carvalho
Conditional Use Permit No. 99-55 represents a request to permit live entertainment in
conjunction with an existing restaurant. Live band performances are proposed between 8:00
p.m. to 12:00 a.m. on Wednesdays and Thursdays, 7:00 p.m. to 1:00 a.m. on Fridays and
Saturdays, and 12:00 noon to 12:00 a.m. on Sundays. The applicant would like to provide live
entertainment as an accompaniment to meals and alcohol sales, and believes the use will attract
more patrons to the restaurant (Attachment No. 3). No dancing is proposed as part of this
request.
STAFF RECOMMENDATION:
The live entertainment in conjunction with the existing restaurant will be compatible with the
existing and surrounding commercial and restaurant uses and is adequately separated from
residential uses. Staff recommends the Planning Commission approve Conditional Use Permit
No. 99-55 with findings and suggested conditions of approval for the following reasons:
• The proposed use will not be detrimental to the general welfare of persons residing or
working in the vicinity because the use will take place in a mixed use zoned area and is
adequately separated and buffered from residential uses by other commercial and public uses.
• The live entertainment use is compatible with adjacent restaurant and retail uses and will
provide an accompaniment to the restaurant's food and beverage sales.
• The noise level of the proposed entertainment will be controlled through a sound system in
compliance with the Huntington Beach Municipal Code.
• The proposed use complies with the Huntington Beach Zoning and Subdivision Ordinance
and provisions of the General Plan.
THE PUBLIC HEARING WAS OPENED.
Judith Aronson, 20905 Seacoast Circle, stated concern that she may be able to hear the live
entertainment from her home and requested that conditions be attached to ensure that the music
and audio speakers remain inside at all times.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission revised the conditions to include keeping the doors shut during live
entertainment, and having all audio speakers kept inside the shut doors.
PC Minutes-10/26/99 4 (99PCM1026)
A MOTION WAS MADE BY LAIRD, SECONDED BY BIDDLE, TO APPROVE
CONDITIONAL USE PERMIT NO.99-55 WITH FINDINGS AND MODIFIED
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 - CONDITIONAL USE PERMIT NO.99-55:
1. Conditional Use Permit No. 99-55 for the establishment of live entertainment within an
existing 4,700 square foot restaurant (H.B. Beer Co.) 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 because the use is consistent with the mixed
use zoning designation of the Downtown Specific Plan and is buffered from residential
properties by commercial uses and structures; and noise associated with live entertainment
will be contained within the building and restricted to specific hours.
2. The conditional use permit will be compatible with surrounding uses because: a) other
commercial uses surround the project site; b) the expanded use will not generate significant
noise impacts or result in additional traffic; and c) residential uses are separated and buffered
from the proposed use.
3. The proposed use 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 Downtown Specific Plan allows live entertainment with approval of a
Conditional Use Permit from the Planning Commission.
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 MV (Mixed Use Vertical) on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan;
a. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a
distinct identity for the City's neighborhoods, corridors, and centers.
b. Goal LU 10: Achieve the development of a range of commercial use.
c. Obiective 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 the local
residents, serve the surrounding region, serve visitors to the City, and capitalize on
Huntington Beach's recreational resources.
PC Minutes - 10/26/99 5 (99PCM1026)
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.99-55:
1. The floor plans received and dated August 19, 1999 shall be the conceptually approved
layout.
2. The live entertainment use shall comply with the following:
a. All conditions of the Entertainment Permit issued by the Police Department. (PD)
b. Formation of lines to enter the restaurant shall be prohibited. However, should lines
form, an official security guard shall prevent the formation of lines from obstructing
access on the public sidewalk, and to and from the restaurant.
c. There shall be no cover charge/fee for entering the establishment, nor shall there be any
requirement for patrons to purchase a minimum number of drinks.
d. Address numbers shall be installed to comply with City Specification No. 428. (FD)
e. Exit signs and exit path markings shall be provided in compliance with the HBFC and the
California Administrative Code, Title 24.
1) The posted Occupant Load shall not be exceeded.
2) Exits and aisle ways are not to be blocked by chairs or tables.
3) Patron counts shall be taken and monitored by establishment personnel. (FD)
f. All doors and windows shall be closed during times of entertainment.
g. All entertainment must remain inside the establishment at all times. No speakers shall be
allowed outside the use.
3. Fire extinguishers shall be installed and located in areas to comply with HBFC standards.
(FD)
4. 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 REOUIREMENTS:
1. Conditional Use Permit No. 99-55 shall not become effective until the ten-day appeal
period has elapsed.
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PC Minutes - 10/26/99 6 (99PCM1026)
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2. Conditional Use Permit No. 99-55 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 development shall comply with all applicable provisions of the Huntington Beach
Zoning Subdivision Ordinance, Building Department, Fire Department, and the Huntington
Beach Municipal Code, including Chapter 8.40, Noise Control.
4. 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-3 TENTATIVE TRACT MAP NO. 15816/CONDITIONAL USE PERMIT NO.99-3/
VARIANCE NO.99-18/NEGATIVE DECLARATION NO.99-2 Beach and Atlanta
—85 Unit Residential Condominium Project):
APPLICANT: Rick Julian/Advanced Real Estate
LOCATION: Northeast corner of Beach Blvd. and Atlanta Ave.
PROJECT
PLANNER: Ricky Ramos
Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3, Variance No. No. 99-18, and
Negative Declaration No. 99-2 represent a request by Advanced Real Estate Services to
subdivide 10 gross acres for the construction of 85 two- and three-story, 30-foot high, detached
single family residential condominiums. The development will be gated with primary access off
Beach Blvd. and secondary emergency access off Atlanta Ave. The proposed homes range in
size from 2,180 to 2,776 square feet and meet all development standards, except for any
variances concurrently approved.
Due to the site being located in the floodplain, the site has been elevated in relation to the
surrounding area. As a result, several proposed retaining walls and block walls exceed the
permitted height by code and are proposed to address the existing grade differential. The project
is designed to comply with the draft Small Lot development standards. Because of this several
variances to the Residential Medium Density (RM) zoning district for setbacks, building
separation, and court dimensions are requested.
The development as proposed and modified by recommended conditions of approval will not be
detrimental to the area. The subdivision will be an extension of the residential character of the
area by combining the appearance of detached single family dwellings with the density of a
multi -family project to be compatible with the surrounding area.
PC Minutes - 10/26/99
(99PCM1026)
STAFF RECOMMENDATION:
Staff recommends approval of the Negative Declaration, Tentative Tract Map, Conditional Use
Permit, and Variance based on the following:
♦ It is consistent with the General Plan Land Use Element designation of Residential Medium
Density, the Housing Element, and its goals, policies, and objectives.
• It will be an extension of the predominantly residential character of the area and will be
compatible with the existing development to the north, east, and in the surrounding area.
• The grade difference, particularly to the north will be addressed through the use of a
landscaped setback and retaining wall to provide a transition in elevation.
♦ The units will be compatible with the surrounding area because they will have the same
height and bulk as most typical detached single family dwelling units. The project will have
an appealing streetscape through the incorporation of varied elevations and use of three plan
types with distinct elevation treatments and colors.
♦ The variances will allow the development of a site designated for multi -family development
with a product type that has the appearance of detached single family dwellings for greater
compatibility with the area at a lower density than found in attached multi -family
developments.
♦ It will comply with mitigation measures identified in Negative Declaration No. 99-2 and
should not have a negative impact on the environment.
♦ The gated access will not compromise public safety nor detract from the visual character of
the project.
♦ There will be adequate parking on -site based upon the number of parking spaces provided
which meets code combined with guest parking at one space per unit.
THE PUBLIC HEARING WAS OPENED.
Bruce H. Dohrman, 711 Imperial Highway, Brea, co -developer, gave a brief history of the site.
He stated that City code would allow 150 attached homes, however, their request is for 85 two -
and three-story, detached condominiums, which is better suited to the neighborhood.
Bill Hezmalhauch, 17875 Von Karman, #404, Irvine, architect for the project, gave an overview
of the design features. He stated that the project would meet the needs of the neighborhood.
Fred Graylee, 3 Hughes, Irvine, representing applicant, described the current condition of the site
and address grading and drainage issues.
Dick Harlow, 211-B Main Street, stated that the developer has had two community meetings
with the surrounding residents. He stated that the developer will do the following to address the
residents concerns:
- Lower the site as much as is allowed by FEMA.
- Complete surrounding decorative walls.
- Landscaping around the entire perimeter.
- Improved drainage.
- Modify entrance, if acceptable to CalTrans.
PC Minutes-10/26/99
(99PCM1026)
Dan Clark, 8012 Driftwood, stated concern regarding increased traffic and noise, lack of
sidewalks and would like to see Beach Boulevard improvements.
Herb White, 8012 Sunset Circle, stated concernregarding lack of meeting notification. Mr.
White stated that he would support a residential project if it were to incorporate mitigation
measures for increased traffic and parking.
Martha Fuchs, 21052 Poolside Lane, stated concern regarding increased traffic and traffic flow,
inadequate driveway setback, impact on adjoining surface streets and dust control issues.
Sally Alexander, 8072 Driftwood Drive, stated concern regarding inadequate drainage.
Chauncey Alexander, 8072 Driftwood Drive, stated concern regarding inadequate drainage.
Corinne Welch, 8062 Mermaid, stated concern regarding inadequate drainage, increased traffic
and traffic circulation.
Bill Rommerdahl, 20921 Catamaran Lane, spoke in opposition to the request, stating that the
proposed development will create an invasion of privacy to the existing residents, decrease their
quality of life and create drainage problems.
Scott Dater, 20862 Catamaran Lane, spoke in opposition to the proposed request, stating it will
be incompatible with the surrounding area and will have an inadequate drainage system.
Patti Meras, 20872 Catamaran Lane, stated concern regarding the high elevation of the site and
its impact to the existing residents. Ms. Meras also stated that gating the community would not
be conducive to the current environment and the increase in homes will have a negative effect on
Peterson School.
Winny Stainer, 20861 Catamaran Lane, stated concern regarding the height of the proposed
project, inadequate drainage and increased traffic.
Ardis Skindrud, 20881 Catamaran Lane, stated concern regarding the height of the proposed
project, loss of privacy and ocean breezes.
Barbara Ray, 20901 Catamaran Lane, stated concern regarding the height of the proposed project
and inadequate drainage.
Richard Cook, 8071 Sail Circle, stated concern regarding notification of public hearing process,
increased traffic and noise.
Leonie Herting, 8162 Kingfisher Drive, stated concern regarding the height of the proposed
project.
Paul Gold, 20816 Beach Boulevard, spoke in support of the proposed request if the elevation of
the project is lowered to the minimum allowed.
Sharon Swaagstra, 20818 Beach Boulevard, spoke in support of the request with the elevation
being lowered.
PC Minutes - 10/26/99 9 (99PCM1026)
Jim Harlan, 20800 Beach Boulevard, stated concern regarding increased traffic, privacy
intrusion, inadequate parking, inadequate drainage and high elevation of proposed project.
Rick Julian, 22974 El Toro Road, representing applicant, covered traffic, drainage and height
issues.
THERE WERE NO OTHER PERSON PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Planning Commission discussed the project and identified several issues of concern. They
recommended a continuance to the December 14, 1999 meeting to allow the applicant to address
the issues identified and staff to prepare findings and conditions of approval. The issues
discussed included:
- Drainage;
- Guest parking;
- Advertise for the variance;
- Lower elevation as much as possible;
- Traffic and traffic circulation;
- Dust control;
- Deed restrictions prohibiting additions and expansions of residential units; and
- Indicate all garages to be used for automobile parking;
A MOTION WAS MADE BY KERINS, SECOND BY CHAPMAN, TO CONTINUE TO
THE DECEMBER 14,1999 PLANNING COMMISSION MEETING, BY THE
FOLLOWING VOTE:
AYES: Kerins, Chapman, Speaker, Biddle, Livengood
NOES: Laird, Mandic
ABSENT: None
ABSTAIN: None
MOTION PASSED
C. CONSENT CALENDAR
None
D. • NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS
E-1 STAFF REPORT PROCESSING - Commissioner Livengood
Continued To The November 9,1999 Meeting
PC Minutes - 10/26/99 10 (99PCM1026)
1
E-2 PLANNING COMMISSION COMMITTEE REPORTS
Commissioner Livengood —congratulated the Environmental Board on a successful
Environmental Symposium.
E-3 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Kerins — asked staff how single story element dwellings could be required
within developments. Staff stated by ordinance or conditions of approval.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
None
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
None
G. ADJOURNMENT —Adjourn to the November 9,1999 meeting.
A MOTION WAS MADE BY ]KERINS, SECONDED BY LIVENGOOD, TO ADJOURN
TO A 5:00 PM STUDY SESSION ON NOVEMBER 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
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APP VED BY:
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PC Minutes-10/26/99
11
(99PCM1026)