HomeMy WebLinkAbout2004-01-13MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, JANUARY 13, 2004
HUNTINGTON BEACH CIVIC CENTER
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648
5:15 P.M. - ROOM B-8 — CITY HALL LOWER LEVEL
CALL PLANNING COMMISSION MEETING TO ORDER
P P A P A P P
ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
Commissioner Ray arrived at 5.25 pm; Commissioner Shomaker, 5.55 pm
AGENDA APPROVAL
A. STUDY SESSION ITEMS
1. ZONING TEXT AMENDMENT NO.01-05 (BAY CLUB SPECIFIC PLAN UPDATE) —
Ricky Ramos
Ricky Ramos, Associate Planner, identified the key issues relative to Zoning Text
Amendment No. 01-05 as: 1) conformance with the Local Coastal Program Coastal Act;
and, 2) development standards for the project (small lot standards). A public hearing is
scheduled in February 2004.
2. STUDY SESSION ITEMS (PRIORITIES, TIME ALLOTMENT, TOPICS) — Herb Fauland
Herb Fauland, Principal Planner, outlined items currently scheduled for future study
sessions.
The Commission suggested that priorities should be established after the Public Hearing
Subcommittee makes a recommendation on reforming the current public hearing
process. Staff suggested that the Commission notify staff of the top ten items they
consider a priority for the list.
3. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland
Paul DaVeiga, Associate Planner, identified late communication on Public Hearing Item
No. B-1, and discussed new information related to code requirements (e.g., driveway
removal, median closure, gate removal and joint use parking).
Rami Talleh, Assistant Planner, was available to answer questions on Public Hearing
Item No. B-2.
Ron Santos, Assistant Planner, was available to answer questions on Public Hearing
Item No. B-3.
(04p=0113)
PC Minutes
January 13, 2004
Page 2
B. PLANNING COMMISSION COMMITTEE REPORTS
Commissioner Ray provided information related to the Environmental Board and drought -
resistant, native vegetation.
C. PENDING ITEMS LIST
Commissioner Dingwall requested that Staff provide follow-up on paintball activity near the
Parkside Development. -
PUBLIC COMMENTS — Regarding Study Session portion of Meeting
Merrilee Madrigal, Huntington Beach, provided comments on the Pending Items List (Hiro's
Nursery/Santa Ana River Corridor Landfills).' She voiced concerns related to a change in earth
topography and discussed information located in a CEQA document approved "by the Planning
Commission in 1990.
6:30 P.M. — RECESS
7:00 P.M. — COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
CALL PLANNING COMMISSION MEETING TO ORDER
P P P -P P `A P
ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker,' Dingwall, Livengood
Dingwall — out of room
AGENDA APPROVAL
NOMINATION AND ELECTION OF CHAIRPERSON AND VICE -CHAIRPERSON:
A MOTION WAS MADE BY SHOMAKER, SECONDED BY RAY, TO ELECT RON DAVIS AS
CHAIRPERSON, BY THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Ray, Davis, Shomaker, Livengood
NOES:
None _
ABSENT:
Dingwall (out of room)
ABSTAIN:
None
MOTION PASSED
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO ELECT STEVE RAY
AS VICE -CHAIRPERSON, BY THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Ray, Davis, Shomaker, Livengood
NOES:
None
ABSENT:
Dingwall (out of room)
ABSTAIN:
None
MOTION PASSED
(04p=113)
PC Minutes
January 13, 2004
Page 3
A. ORAL COMMUNICATIONS — None.
B. PUBLIC HEARING ITEMS
PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission
Questions, Public Hearing, Discussion/Action.
B-1. PUBLIC HEARING TO BE OPENED: CONDITIONAL USE PERMIT
NO.03-19 (CALVARY CHAPEL — CONTINUED FROM OCTOBER 28, 2003):
Applicant: Calvary Chapel Huntington Beach Reguest: To permit an assembly
use, including ancillary uses such as instruction, daycare; a bookstore, and cafe
within an existing 49,600 square foot commercial building. The request includes
joint use parking on the abutting NuVision Financial property based on divergent
hours of operation between the assembly use and office use. Location: 7800
Edinger Avenue (south side of Edinger Avenue, west of Parkside Lane) Proiect
Planner: Paul Da Volga, Associate Planner
STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No.
03-19 with findings and suggested conditions of approval."
The Commission provided the following disclosures: Commissioners Livengood, Ray
and Scandura visited the site; Commissioners Ray and Scandura spoke with staff;
Commissioner Scandura spoke with a representative from another church. -
Paul Da Veiga, Associate Planner, made a presentation, identified late communication
and discussed new information related to code requirements (e.g., driveway removal,
median closure, gate removal and joint use parking).
Questions/comments included:
■ Is the applicant responsible for closing the median? (staff responded that the
Bella Terra Mall developers are responsible for closing the median)
■ Discussion of compromising language for conditions 3a and 5 (staff does not
support revised language)
■ Discussion of conditions 4a (phasing change — staff does not support)
THE PUBLIC HEARING WAS OPENED:
Pastor Bill Welsh, Calvary Chapel of Huntington Beach, spoke in support of the item.
He stated that the church has existed in its current location for 13 years, and that church
personnel have spent over five years looking for a new location. He described the
church as a broad -based, family -oriented ministry, with plans to expand its facility to
provide other community services. He urged the Commission to approve the item, and
introduced the churches design team.
Michael Holiday, Calvary Chapel of Huntington Beach, spoke in support of the item. He
made a PowerPoint presentation and discussed mixed -use components. He stated that
churches revitalize the community. He discussed parking, architectural improvements,
interior improvements (cafe, daycare), and exterior improvements (front entry and trellis
area for transformation of building front).
(04p=113)
PC Minutes
January 13, 2004
Page 4
Steve Camp, design architect for Calvary Chapel of Huntington Beach, spoke in support
of the item. He provided information on the driveway removal, and replacement, closure
of the median on Edinger Street, replacement of the existing approach on Parkside
Lane, removal of the gate in the rear parking area, and phasing of construction. He also
discussed funding issues related to interior and exterior improvements, and joint use
parking agreement issues with NuVision. .
The Commission asked if the applicant would prefer to extend the fagade completion
date because of possible funding constraints..
Mr. Camp explained that funding for construction phases 1 and 2 (exterior
improvements) is available, and that funding constraints may cause interior
improvements to exceed the estimated date of completion.
The Commission voiced concerns related to the joint parking agreement. Staff
explained that parking agreements run with -the land, not the property owner. Staff also
explained that stipulations on the agreement are made through the negotiating process.
Discussion ensued regarding perpetuity language included in the joint use parking
agreement.
Kelly Coultrup, Calvary Chapel of Huntington Beach, spoke in support of the item.
Jon Stevenson, Calvary Chapel of Huntington Beach, spoke in support of the item,
praising the Church for its efforts to rejuvenate the area. He discussed the applicant's
secured financing for Phase 1 of the proposed construction schedule.
Stephen Shepard, Calvary Chapel of Huntington Beach, spoke in support of the item
and indicated that the adjacent property owner would support a longer notification period
to the city in the event the agreement was to be terminated.
Bari Buccola, Calvary Chapel of Huntington Beach, spoke in support of the item.
Richard Hamel, Calvary Chapel of Huntington Beach, spoke in support of the item.
Patricia Coe, Calvary Chapel of Huntington Beach, spoke in support of the item, relating
personal experiences and discussing how the church reaches out to the Spanish
community.
Aaron Jones, Calvary Chapel of Huntington Beach, spoke in support of the item. He
stated that the proposed project is not only compatible, but will be an asset to
surrounding projects such as the Bella Terra Mall. He urged the Commission to approve
the project for area revitalization.
Keith Olson, Calvary Chapel of Huntington Beach, spoke. in support of the item and
discussed the churches youth groups and their positive effect on the community. He
urged the Commission to approve the project to help keep Huntington Beach one of the
safest cities in the nation.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING CLOSED.
The Commission asked if the church intends on acquiring the property. Pastor Welsh
confirmed.
(04p=113)
PC Minutes
January 13, 2004
Page 5
Discussion ensued regarding condition 2a1. The Commission asked if closing the
existing driveway off Edinger Street was required by code, and how such action will be
affected by future widening of the street. Staff explained that improvements occur as
development occurs, and that no overall timing can be estimated. Staff also explained
how closing the driveway facilitates movement along the corridor.
The Commission asked if the City could dictate land locking. Staff explained that
easements exist between parcels, and that access to -the site will be secured by
reciprocal access agreements.
Discussion ensued on public notification and state law related to mandatory processing
dates.
Staff explained the proposed language for construction phasing, including how timelines
run with the conditional use permit and the differences between the proposals presented
by the applicant and staff.
Discussion ensued regarding the number of parking spaces available at the Church's
current location, and if parking problems currently exist. The Commission asked about
the joint use parking agreement and how it relates to shared parking with neighboring
businesses (NuVision, Washington Mutual, Office Depot). Staff explained the
parameters of such an agreement, including distance measurement, square footage and
parking restrictions.
The Commission asked if funding was available for the applicant's proposed Phase 1
plan. Staff indicated that it is not up to the City to ensure that the applicant has secured
financing. Jon Stevenson provided clarification on financing the proposal, including
interior sanctuary/fire requirements, front area grading, parking and landscaping, and
facade improvements.
The Commission asked that construction phases be broken down into task activity. Jon
Stevenson outlined the request as follows: Phase 1: construction of sanctuary, facade
upgrades (building requirements only) and landscaping; Phase 2: plaza and final facade
improvements; Phase 3: interior improvements.
Discussion ensued regarding reciprocal parking agreements and the Commission
voiced concerns, citing scenarios that would cause non-compliance of conditional use
permit guidelines, resulting in automatic revocation of the agreement.
A MOTION WAS MADE BY DINGWALL, SECONDED BY THOMAS, TO APPROVE
CONDITIONAL USE PERMIT NO.03-19 WITH FINDINGS AND REVISED .
CONDITIONS OF APPROVAL, INCLUDING RECOMMENDATIONS PRESENTED BY
COMMISSIONER LIVENGOOD.
The Commission asked staff to provide an approximate timeline of completion for the
Bella Terra Mall project. Staff discussed street widening and bus turnouts on Edinger,
and its consistency with the General Plan Circulation Element.
A MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO AMEND
THE ORIGINAL MOTION TO INCLUDED PORTIONS OF THE APPLICANTS
PHASING SCHEDULE.
(04p=113)
PC Minutes
January 13, 2004
Page 6
The Commission asked for clarification, or possibly a compromise between the applicant
and staff.
Commissioner Scandura clarified his amendment by requesting substitution of language
in Item 4, Attachment 1.2 and 1.3, for language that exists on page 5 of -the applicant's
submitted plan.
COMMISSIONER"LIVENGOOD WITHDREW HIS SECOND TO THE MOTION. "
WITH NO SECOND, THE MOTION FAILED.
A MOTION WAS MADE BY RAY, SECONDED BY THOMAS, TO AMEND THE
ORIGINAL MOTION BY INCLUDING THE APPLICANT'S PHASING SCHEDULE ON
ATTACHMENT 3.2, BY. THE FOLLOWING VOTE:
AYES: Thomas, Scandura, Ray
NOES: Davis, Shomaker, Dingwall, Livengood
ABSENT: None
ABSTAIN: None -
MOTION FAILED
Discussion ensued regarding whether or not the Commission's Protocol would allow a
substitute motion.
THE ORIGINAL MOTION WAS RESTATED BY DINGWALL, SECONDED BY
THOMAS, TO APPROVE CONDITIONAL USE PERMIT NO.0349 WITH FINDINGS
AND REVISED CONDITIONS OF APPROVAL, INCLUDING RECOMMENDATIONS
PRESENTED BY COMMISSIONER LIVENGOOD, BY THE FOLLOWING VOTE:
AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
NOES: None
ABSENT:* None
ABSTAIN: None
MOTION APPROVED
FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.
03-49
FINDINGS FOR PROJECTS EXEMPT FROM CE
The Planning Commission finds that the project is categorically exempt pursuant to
Class 1, Section 15301 of the California Environmental Quality Act, because the
proposed assembly land use and building remodeling involves exterior modifications of
an existing commercial building, located in an already urbanized and developed area,
intended for retail sales. The proposed change of use from retail sales to assembly will
result in negligible or no expansion of use beyond that previously existing on the project
site.
(04p=113)
PC Minutes
January 13, 2004
Page 7
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-19:
1. Conditional Use Permit No. 03-19 for the establishment, maintenance and operation
of an assembly use, including ancillary uses such as instruction, daycare, bookstore,
and cafe within an existing 49,600 square foot commercial building including joint
use parking based on divergent hours of operation between the assembly use and
adjacent office use, 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 assembly use will not impact
adjacent parking areas since there is no overlapping of the office use operation and
the proposed times of worship services. In addition, the use of the rear parking area
will be limited to employees only and church staff will direct parishioners into
designated reciprocal parking areas during times of worship services to ensure the
orderly use of the adjacent parking facilities.
2. -The conditional use permit will be compatible with surrounding uses. The subject
land use is appropriate at the proposed location because the site is easily accessible
by major roadways and anticipated traffic will not impact local residential streets.
The proposed assembly use will be compatible with the adjacent credit union
operation and surrounding uses based the limited number of services proposed by
the church, and adequate separation from adjacent residential properties. The
existing perimeter block walls provide adequate sound attenuation from the adjacent
multi family units.
3. The proposed assembly use facility 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. In addition, any specific condition required for
the proposed use in the Commercial General zoning district. The reciprocal parking
agreement between the subject site and adjacent property designates a total of 160
parking spaces to be allocated for the assembly use based on divergent hours of
operation between the uses on the two properties. .
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:
LU 4.2.1: Require that all structures be constructed in accordance with the
requirements of the City's building and other pertinent codes and regulations;
including new, adaptively reused, and renovated buildings.
LU 13: Achieve the development of a mix of governmental service, institutional,
educational, and uses that support the needs of Huntington Beach residents.
LU 13.1: Provide for the continuation of existing and development of new uses, such
as governmental, administrative, public safety, human service, cultural, educational,
and other uses that support the needs of existing and future residents and
businesses.
LU 13.1.2: Allow for the continuation of existing and development of new facilities in
any land use zone where they are compatible with adjacent uses and subject to City
review and approval.
(04p=113)
PC Minutes
January 13, 2004
Page 8
The proposed development plan for the establishment of the Calvary Chapel facility
promotes renovation and re -use of the building and site in a manner that will be
consistent with the aforementioned goals and objectives of the City's General Plan.
The project is consistent with General Plan Land Use goals, objectives and policies
which encourage development of a mix of governmental service, institutional,
educational, and uses that support the needs of Huntington Beach residents and
advocate development of new facilities where they are compatible with adjacent
uses.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-19:
1: The site plan, floor plans -and elevations received and dated December 18, 2003
shall be the conceptually approved layout. _
2. Prior to issuance of grading permits documentation shall be provided establishing
the rights of this property for use of the private, common, accessway connecting to
.Parkside Lane. (PW)
3. Prior to final building permit inspection and issuance of a Certificate of Occupancy,
the following shall be completed: .
a. The gate in the rear parking area, which provides access to the alley behind the
NuVision building shall be removed, or a new automated gate shall be installed
containing a KNOX Box and Opticom device. (FD)
4. The phased development of the subject site shall be allowed as follows:
a. Phase 1 shall be completed prior to occupancy and shall include completion of
minimum exterior upgrades such as replacement of storefront doors, and
completion of all public improvements including parking lot and landscaping
upgrades identified on the plans. It would also include all interior upgrades
required to comply with occupancy requirements as identified by the Building and
Safety and Fire Department.
b. Phase 2 shall be completed within two years of approval of the conditional use
permit and shall consist of the complete build -out of all exterior fagade
improvements and plaza areas.
C. 'Phase 3 shall be completed within seven years of approval of the conditional use
permit and shall consist of completion of all interior improvements including the
daycare operation and all other ancillary uses.
5. Joint use parking shall require a Joint Use Parking'Agreement between property
owners to be recorded prior to issuance of permits or occupancy. The legal
instrument shall be submitted to the Planning Department a minimum of 30 days
prior to building permit issuance: A copy of the legal instrument shall be approved
by 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 agreement shall be filed
with the Planning Department. The recorded agreement must be effective for the life
of the conditional use permit. The applicant must notify the Planning Department at
least six months prior to any termination of the agreement. If the agreement is
terminated, the applicant must replace all lost parking spaces, or reduce maximum
occupancy accordingly. The Joint Use Parking Agreement shall clearly indicate that
(04pan113)
PC Minutes
January 13, 2004
Page 9
there shall be no conflict in the operating hours between the parties involved in the
joint use parking agreement.
6. Hours of worship services shall be as follows:
Sunday: 8 am to 1 pm / 6 pm to 8pm
Saturday: 6 pm to 8 pm
Wednesday: 7 pm to 9 pm
7. There shall be a minimum of one parking attendant directing vehicles at the front of
the NuVision building. The parking attendants shall direct vehicles to the proper
designated parking areas. A parking attendant shall also be present within the
Calvary Chapel parking area at the front of the subject building.
8. During worship services, use of the parking area at the rear of the subject building
shall be restricted to church staff only. The applicant shall post a sign indicating the
parking restriction at the entrance to the subject parking area.
9. Ancillary uses shall not be in operation during the hours of operation of worship
services.
10. The Planning Director ensures compliance with all conditions of approval herein.
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
substantial nature, an amendment to the original entitlement reviewed by the
Planning Commission may be required pursuant to the HBZSO.
B-2.
22: CONDITIONAL USE PERMIT NO.02-42 AND VARIANCE NO.03-08
(LEWIS RESIDENCE — CONTINUED FROM NOVEMBER 12. 2003):
Applicant/Appellant: Michael Mehalick Request: CDP: To construct a second
and third floor addition to an existing single-family dwelling totaling approximately
4,311 sq. ft., including a 121 sq. ft. third story deck; CUP: To (a) construct 1,414
sq. ft. of habitable floor area and 121 sq. ft. of deck area above the second -story
top plate line, and (b) construct the addition at a height greater than 30'-0"; VAR:
To construct a portion of third floor habitable space not designed within the
confines of the roof volume. Location: 16472 Malden Circle (north side of
Malden, west of Gilbert Drive). Project Planner: Ram! Talleh
STAFF RECOMMENDATION: Motion to: "Deny Coastal Development Permit
No. 02-22, Conditional Use Permit No. 02-42, and Variance No. 03-08 with
findings."
The Commission provided the following disclosures: Commissioners Livengood,
Shomaker, Thomas and Ray spoke with the applicant and the applicant's consultant,
and visited the site; Commissioner Scandura visited the site; Commissioners Ray and
Scandura spoke with representatives from the Huntington Harbour Property Owner's
Association (HHPOA); Commissioner Scandura spoke with staff; and, Commissioner
Dingwall had a brief discussion with the applicant's consultant.
(04pcm113)
PC Minutes
January 13, 2004
Page 10
Rami Talleh, Assistant Planner, made a presentation to the -Commission.
THE PUBLIC HEARING WAS OPENED:
Richard Lewis, property owner, spoke in support of the item. He provided background
information about when the project began, and explained his thoughts on design criteria.
He also discussed his reasons for the dormer design in relation to other designs within
the neighborhood.
Discussion ensued regarding when Mr. Lewis purchased his property, and if escrow
papers or HHPOA Covenants, Conditions and Restriction (CCR's) provided restrictions
on building heights. Mr. -Lewis denied signing any type of restrictive agreement that
would prohibit building over 30 feet. He also stated he did not seek copies of the
HHPOA CCR's.
Discussion ensued regarding interior and exterior views.
Mickey Mehalick, applicant, spoke in support of the item. He stated that the proposed
plan satisfied the property owner's ideas. He discussed interpretation of a dormer and
explained that it was designed to keep the look and feel of the first floor. He showed two
model types/design elements, and claimed that other homes in the area have similar
elements.
Discussion ensued on adjusting the dormer -windows to meet code requirements.
Mike Adams, Huntington Beach, spoke in support of the item. He discussed intent
versus interpretation of the code, and addressed compatibility issues by showing a
vicinity map depicting the number of two-story homes. He stated that u-shaped property
is impacted, and that adjacent residents support the applicant's request. He urged the
Commission to approve by stating that the proposal complies with" dormer requirements,
and to find for a variance due to�hardship/compatibility issues with two-story structures.
Richard Batistelli, President, HHPOA,. spoke in opposition to the item by supporting
staffs denial of the request. He read aloud staffs findings located in the report, and
stated that the project does not meet certain criteria located with the 1990 HHPOA
CCR's.
Greg Parker, Bedford Lane, spoke in support of the item. He stated that the dormer is
consistent with architectural classifications, and that massing is sensitive to site and
extension as it currently exists. He recommended not increasing the massing because it
would not fit with a New England style -dormer.
WITH NO ONE ELSE. PRESENT TO SPEAK _THE PUBLIC HEARING CLOSED.
Discussion ensued on the applicant's dormer proposal. The Commission voiced
concerns about approving a variance, and about which proposal will meet code
requirements. It was mentioned that findings must state that the dormer meets the
definition of the code. Another option would be to compromise the massing. -
The Commission suggested considering an amendment to the 3nd story ordinance. Staff
provided an explanation of 2"d and 3`d-story roofline variances. Staff also defined
(04pcm113)
PC Minutes
January 13, 2004
Page 11
dormer as "an offset window above the roofline on a small wall" which is an
architectural element; the applicant's plan depicts a Td story.
Discussion ensued regarding approving the conditional use permit and coastal
development permit without the variance.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY THOMAS, TO APPROVE
COASTAL DEVELOPMENT PERMIT NO. 02-22 AND CONDITIONAL USE PERMIT
NO.02-42 WITH FINDINGS, AND. DENY VARIANCE NO.03-08 WITH FINDINGS.
A SUBSEQUENT MOTION WAS MADE BY DAVIS, SECONDED BY RAY, TO DENY
VARIANCE NO.03-08 WITH FINDINGS, AND CONTINUE COASTAL
DEVELOPMENT PERMIT NO.02-221CONDITIONAL USE PERMIT NO.02-42 TO
FEBRUARY 24, 2004, BY THE FOLLOWING VOTE. -
AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
NOES: None
ABSENT: None
ABSTAIN: None
MOTION APPROVED
FINDINGS FOR DENIAL -VARIANCE NO.03-08:
1. The granting of Variance No. 03-08 to construct a 1,414 sq. ft. of third floor habitable
space not designed within the confines of the second story roof volume will
constitute a grant of special privilege inconsistent with limitations upon_other
properties in the vicinity and under an identical zone classification. The City has
reviewed and approved numerous applications for entitlements to construct third -
story habitable space since 1992, which were required to comply with the Huntington
Beach Zoning & Subdivision Ordinance standards for third -story design.
2. The subject property does not exhibit special circumstances including the size,
shape, topography, location or surroundings which, when subject to the strict
application of the zoning ordinance, deprives the subject property of privileges
enjoyed by other properties in the vicinity and under identical zone classification.
The subject property is standard size for the RL district, has a level topography and
is not uniquely located. The property's shape does not serve to deprive it of the
privilege to construct third -story habitable space in conformance with applicable code
requirements, since the design of the roof is not affected by the shape of the lot.
3. The granting of a variance is not necessary to preserve the enjoyment of one or
more substantial property rights. The variance is requested to allow construction of
third -story habitable space not within the confines of the second -story roof volume.
Third -story habitable space is not identified in the ZSO as a substantial property right
in the RL zone. Third -stories are permitted only at the discretion of the Zoning
Administrator, Planning Commission or City Council.
4. The granting of the requested variance will be materially detrimental to the public
welfare or injurious to property in the same zone classification. The design of
individual dwellings collectively play a significant role in projecting the character and
quality of the neighborhood as a whole, which in turn directly affects the value of
property within the neighborhood and the general welfare of those residing in the
vicinity. The City has determined that dwellings in the Residential Low -Density
zoning district shall exhibit a design and character consistent with two-story
(04pcxn113)
PC Minutes
January 13, 2004
Page 12
construction. The proposed third -story addition is not confined within the second -
story roof volume, and therefore appears as a true third story, inconsistent with the
two-story character established as the standard for the neighborhood. In addition,
the proposed addition features third -story windows which are not oriented toward the
public right-of-way, as required by the Huntington Beach Zoning & Subdivision
Ordinance, and which negatively impact the privacy on adjacent properties.
B-1 PUBLIC HEARING TO BE OPENED:' APPEAL OF THE ZONING
-ADMINISTRATOR'S DENIAL OF VARIANCE NO. 0343 (SEITZ ACCESSORY
DWELLING UNIT): Applicant: Kristen Seitz; Appellant: Jan Shomaker, Plannint
Commissioner.- Request: To permit -an existing accessory dwelling unit over a
detached garage:, (a) on.a 3,307 sq. ft. lot, in lieu of the 6,000 sq.-ft. minimum;
(b) with two enclosed parking spaces, in lieu of two enclosed spaces and one
open space; and (c) detached from the main dwelling in lieu of being integrated
into the main dwelling. Location: 909 Huntington Street (west side of Huntington
Street, north of Indianapolis Avenue, south of Joliet Avenue) Project Planner:
Ron Santos
STAFF RECOMMENDATION: Motion to: "Deny Variance No. 03-13 with
findings."
The Commission provided the following disclosures: Commissioners Livengood,
Shomaker, Thomas, Ray, Davis and Scandura spoke with the applicant and visited the
site; Commissioners Ray and Davis spoke with the -tenant who resides at 909 Huntington
Street; Commissioner Dingwall visited the site; and Commission Scandura spoke with
staff.
Ron Santos, Assistant Planner, made a presentation to the Commission and identified
late communication.
Questions/comments included:
■ Explanation of variance requirements (a variance entitlement runs -with the land, i.e.,
is associated to a property with special circumstances and is applicable to future
property- owners)
■ • What could the applicant do to bring the property into compliance without a
variance? (removal of existing kitchen; building permits must be obtained for
existing interior improvements; inspections must be- made; plans must be approved
for current conditions, all of which may cause tenant relocation and financial
hardship) I -
■ What can the city do to ensure this property is not being used as an accessory
dwelling unit? (a covenant may be recorded on the property, alerting prospective
owners that the space may not be rented — downtown examples were cited)
■ - Is an ordinance in place for accessory dwelling units? (yes)
■ Secondary building attachment, eliminating the need for a variance,
■ Parking requirements
THE PUBLIC HEARING WAS OPENED:
Kristin Seitz, applicant, spoke in support of the item and explained that she purchased
the property because the rental unit afforded her -the ability to do so. She stated that the
previous property owner was unaware that. permits were not pulled for -the accessory
dwelling unit, no inspections were made, and that it was presented as a viable rental
property. She researched the zoning code and neighborhood opinion, stating that no
(04pcm113)
PC Minutes
January 13, 2004
Page 13
complaints have been filed during the past 15 years. She discussed tandem parking
and referenced examples with similar conditions. She informed the Commission that
losing the accessory dwelling unit would cause her extreme financial hardship.
Marie St. German, Alabama Street, spoke in opposition to the item. She voiced
concems related to parking and street sweeping. She stated that properties of this type
are sold as income -opportunity properties, that the County Assessor is unaware of the
unit, and that it devalues surrounding properties.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING CLOSED.
Discussion ensued regarding when the ordinance was adopted, and that it was in effect
when the structure was constructed.
The Commission asked about action after denial of a variance request. Staff explained
that the structure must be brought into conformance with code.
Commissioner Shomaker explained her reasons for appealing the -Zoning
Administrator's denial of the variance.
Discussion ensued regarding setting a precedence and seller disclosure statements.
The Commission asked about Code Enforcement fines collection. Staff explained that
the property owner is given time to abate code violations, and that failure to comply puts
the owner at risk of citations and fines.
Discussion ensued on variance transferability. Staff explained that a variance may not
be conditioned on non -transferability, pursuant to state law.
A MOTION WAS MADE BY DAVIS, SECONDED BY THOMAS, TO DENY VARIANCE
NO.03-13 WITH FINDINGS, BY THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Davis, Dingwall
NOES:
Ray, Shomaker, Livengood
ABSENT:
None
ABSTAIN:
None
MOTION APPROVED
FINDINGS FOR DENIAL -VARIANCE NO. 03-13:
1. The granting of Variance No. 03-13 to permit an accessory dwelling unit existing
without permits over a detached garage: (a) on a 3,307 sq. ft. lot, in lieu of the 6,000
sq. ft. minimum; (b) with two enclosed parking spaces, in lieu of two enclosed
spaces and one open space; and (c) detached from the main dwelling, will constitute
a grant of special privilege inconsistent with limitations upon other properties in the
vicinity and under an identical zone classification for which second dwelling units are
not allowed on a similar size parcel. Requests for accessory dwelling units on
parcels located within the RMH-A zoning district are subject to minimum lot size and
parking requirements, and must be attached to the main dwelling and owner
occupied. The granting of a variance to these code requirements without justification
based on special circumstances related to the size, shape, topography, location or
surroundings which render the project site unique among other properties in the
(04pcm113)
PC Minutes
January 13, 2004
Page 14
vicinity and under identical zone classification would constitute a grant of special
privilege and a violation of state and local law.-
2. The subject property does not exhibit special circumstances, including the size,
shape, topography, location or surroundings which, when subject to the strict
application of the zoning ordinance, deprives the subject property of privileges
enjoyed by other properties in the vicinity and under identical zone classification.
The subject property is typical in size, shape, and width of parcels in the RMH-A
zoning district, has a level topography and is not uniquely located nor surrounded by
.,'development which is inconsistent with the RMH A zoning regulations.-.
3. The granting of a variance is not necessary to preserve the enjoyment of one or
more substantial property rights. The property is currently developed with a
permitted single-family dwelling and detached two -car garage, in addition to the
illegally established second dwelling unit. The permitted single-family dwelling and
two -garage constitutes an exercise of property rights at the maximum density
permitted by the applicable RMH-A zoning district regulations, based on the size and
width of the lot. -- : •• .
4. The granting of the variance will be materially detrimental to the public welfare or
injurious to property in the same zone classification. The proposed project will
provide insufficient on -site parking capacity, thereby impacting parking availability on
adjacent public streets. The proposed unit does not comply with the minimum
design and development standards established by the City to prevent unplanned for
demand on City services including greater than planned for traffic volumes and over-
crowded living conditions.
C. CONSENT CALENDAR
C4.- PLANNING COMMISSION MINUTES DATED OCTOBER 14, 2003 -
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO
APPROVE PLANNING COMMISSION MINUTES DATED OCTOBER 14, 2003 AS
MODIFIED, BY THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
(UPCM113)
PC Minutes
January13, 2004
Page 15
C-2. PLANNING COMMISSION MINUTES DATED OCTOBER 28, 2003
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY THOMAS, TO APPROVE
PLANNING COMMISSION MINUTES DATED OCTOBER 28, 2003 AS MODIFIED, BY
THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Ray, Davis, Livengood
NOES:
None
ABSENT:
None
ABSTAIN:
Shomaker, Dingwall
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS - None scheduled.
E. PLANNING COMMISSION ITEMS
E-1. PLANNING COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS —
None scheduled.
E-2. PLANNING COMMISSION COMMENTS
Commissioner Thomas — requested that the 3rd story ordinance be included as
a topic for discussion at the Planning Commission Workshop to be held in
February.
Commissioner Scandura — None.
Commissioner Ray — questioned the current agenda format. It was decided to
include as a topic for discussion at the Planning Commission Workshop.
Commissioner Davis — None.
Commissioner Shomaker — None.
Commissioner Dingwall — requested that Planning Staff provide more
information to the public on Planning Commission activity on the City's website,
and requested that discussion on Hiro's Nursery be held during the televised
portion of regular meetings rather than during study session.
Commissioner Livengood — requested that staff schedule the Pacific City public
hearing for March 23, 2004. He also asked staff to confirm the Commission's
attendance at the 2004 Planner's Institute on March 31, 2004 in Monterey,
California.
F. PLANNING ITEMS
F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Planning Manager - reported on the Planning Department items
heard before the City Council on January 5, 2004.
(04p=113)
PC Minutes
January 13, 2004
Page 16
F-2. CITY COUNCIL ITEMS FOR NEXT MEETING
Scott Hess, Planning Manager — reported on the Planning Department items
that will be heard before the City Council on January 20, 2004.
F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Principal Planner — reported on items scheduled for public
hearing on Tuesday, January 27, 2004.
ADJOURNMENT: Adjourned at 11:30 p.m. to the next regularly scheduled meeting of
Tuesday, January 27, 2004, Huntington Beach Civic Center.
HZ:HF:d
APPRq ED BY.-
Howakid Zelefsky, Secretary Ron Davis, Chair
(04p=113)
TYPE: PLANNING COMMISSION
DRAFT MINUTES
MEETING DATE:
DATE:
TO PLANNERS:
EDITS
APPROVED
1.
❑ Edits
2.
❑ Edits
3.
❑ Edits
4.
❑ Edits
5.
❑ Edits
6.
❑ Edits
Ricky Ramos
❑ Edits
Herb Fauland
❑ Edits
Planning Commission
Web Posting
Minutes in binder
• Printed on Minute
Approved
Paper
Minutes:
• To Scott Hess for
Signature
• To Chair Scandura for
Signature (via Herb
Fauland)
• Scanned to Tony
(Anthony) Porter to
post on website
• Emailed to PC
MINUTES (BCC) with
cc's to Scott and Herb
• Store in plastic sleeve
in binder
TYPE: PLANNING COMMISSION
DRAFT MINUTES
MEETING DATE:
DATE:
TO PLANNERS:
EDITS
APPROVED
1.
❑ Edits
2.
❑ Edits
3.
❑ Edits
4.
❑ Edits
5.
❑ Edits
6.
❑ Edits
Ricky Ramos
❑ Edits
Herb Fauland
❑ Edits
Planning Commission
Web Posting
Minutes in binder
• Printed on Minute
Approved
Paper
Minutes:
• To Scott Hess for
Signature
• To Chair Scandura for
Signature (via Herb
Fauland)
• Scanned to Tony
(Anthony) Porter to
post on website
• Emailed to PC
MINUTES (BCC) with
cc's to Scott and Herb
• Store in plastic sleeve
in binder
TYPE: PLANNING COMMISSION
DRAFT MINUTES
MEETING DATE:
DATE:
TO PLANNERS:
EDITS
APPROVED
1.
❑ Edits
2.
❑ Edits
3.
❑ Edits
4.
❑ Edits
5.
❑ Edits
6.
❑ Edits
Ricky Ramos
❑ Edits
Herb Fauland
❑ Edits
Planning Commission
Web Posting
Minutes in binder
• Printed on Minute
Approved
Paper
Minutes:
• To Scott Hess for
Signature
• To Chair Scandura for
Signature (via Herb
Fauland)
• Scanned to Tony
(Anthony) Porter to
post on website
• Emailed to PC
MINUTES (BCC) with
cc's to Scott and Herb
• Store in plastic sleeve
in binder
TYPE: PLANNING COMMISSION
DRAFT MINUTES
MEETING DATE:
DATE:
TO PLANNERS:
EDITS
APPROVED
1.
❑ Edits
2.
❑ Edits
3.
❑ Edits
4.
❑ Edits
5.
❑ Edits
6.
❑ Edits
Ricky Ramos
❑ Edits
Herb Fauland
❑ Edits
Planning Commission
Web Posting
Minutes in binder
• Printed on Minute
Approved
Paper
Minutes:
• To Scott Hess for
Signature
• To Chair Scandura for
Signature (via Herb
Fauland)
• Scanned to Tony
(Anthony) Porter to
post on website
• Emailed to PC
MINUTES (BCC) with
cc's to Scott and Herb
• Store in plastic sleeve
in binder
TYPE: PLANNING COMMISSION
DRAFT MINUTES
MEETING DATE:
DATE:
TO PLANNERS:
EDITS
APPROVED
1.
❑ Edits
2.
❑ Edits
3.
❑ Edits
4.
❑ Edits
5.
❑ Edits
6.
❑ Edits
Ricky Ramos
❑ Edits
Herb Fauland
❑ Edits
Planning Commission
Web Posting
Minutes in binder
• Printed on Minute
Approved
Paper
Minutes:
• To Scott Hess for
Signature
• To Chair Scandura for
Signature (via Herb
Fauland)
• Scanned to Tony
(Anthony) Porter to
post on website
• Emailed to PC
MINUTES (BCC) with
cc's to Scott and Herb
• Store in plastic sleeve
in binder
PLANNING COMMISSION
DRAFT MINUTESTYPE:
MEETING DATE:
DATE:
TO PLANNERS:
EDITS
APPROVED
1.
❑ Edits
2.
❑ Edits
3.
❑ Edits
4.
❑ Edits
5.
❑ Edits
6.
❑ Edits
Ricky Ramos
❑ Edits
Herb Fauland
❑ Edits
Planning Commission
Web Posting
Minutes in binder
• Printed on Minute
Approved
Paper
Minutes:
• To Scott Hess for
Signature
• To Chair Scandura for
Signature (via Herb
Fauland)
• Scanned to Tony
(Anthony) Porter to
post on website
• Emailed to PC
MINUTES (BCC) with
cc's to Scott and Herb
• Store in plastic sleeve
in binder