HomeMy WebLinkAbout2008-09-09MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, SEPTEMBER 9, 2008
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
A P P P P A P
ROLL CALL: Farley, Dwyer, Shier -Burnett, Livengood, Shaw, Speaker, Scandura
Commissioner Speaker was absent, Commissioner Farley arrived at 5:35 PM.
AGENDA APPROVAL
A MOTION WAS MADE BY SCANDURA, SECONDED BY DWYER, TO APPROVE THE
PLANNING COMMISSION STUDY SESSION AGENDA OF SEPTEMBER 9, 2008, BY THE
FOLLOWING VOTE:
AYES:
Dwyer, Shier -Burnett, Livengood, Shaw, Scandura
NOES:
None
ABSENT:
Farley, Speaker
ABSTAIN:
None
MOTION APPROVED
A. PROJECT REVIEW (FUTURE AGENDA ITEMS)
A-1. ENVIRONMENTAL IMPACT REPORT NO. 07-004/GENERAL PLAN
AMENDMENT NO. 07-003/ZONING MAP AMENDMENT NO.07-001/ZONING
TEXT AMENDMENT NO 07-004/CONDITIONAL USE PERMIT NO.07-043
(THE RIPCURL - STATUS UPDATE) — Tess Nguyen, Associate Planner
Tess Nguyen, Associate Planner, gave an overview of the project and noted that
staff has provided two Late Communications on this item.
Commissioner Scandura inquired regarding the staff recommendation and total
size of The Ripcurl. Planning Manager Herb Fauland indicated that the staff
recommendation (including square footage) is in place and will be presented to
the Planning Commission at the meeting scheduled for September 23, 2008.
Fauland also said that the preliminary staff recommendation has been shared
with the applicant (Red Oak Investments).
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Commissioner Dwyer asked if the Planning Commission is expected to make a
final decision on this project at the September 23, 2008 meeting and Planning
Manager Herb Fauland said that it is the Planning Commission's purview to
make a decision or decide to continue the project.
Commissioner Scandura asked if there was a possibility of reducing the amount
of square footage dedicated to commercial usage and staff said no, that this
project has been designed as mixed -use.
Chair Livengood asked if the project would cause increased bus traffic in the
immediate area and Transportation Manager Bob Stachelski said that the traffic
analysis proposal includes the addition or widening of traffic lanes along Gothard
Street.
Planning Director Scott Hess noted that in one of the late communications, in
attachment 2.8, staff is now recommending the deletion of the proposed tandem
parking spaces.
Planning Manager Herb Fauland advised the Planning Commission that when
this project comes before them on September 23, 2008, there will be three
separate staff reports (Environmental Impact Report, Zoning Text Amendment,
and General Plan Amendment/Zoning Map Amendment/Conditional Use Permit).
Fauland said that there will be three separate motions for the Planning
Commission to vote on.
A-2. GENERAL PLAN AMENDMENT NO. 07-001/ZONING TEXT AMENDMENT NO.
07-002 (VILLAGE AT BELLA TERRA) — Jane James, Senior Planner
Senior Planner Jane James gave an overview of the project and noted that the
Environmental Impact Report for this project will come before the Planning
Commission at a Study Session on September 23, 2008.
Chair Livengood discussed the floor heights in the proposed parking structure.
Director of Planning Scott Hess noted that it is the Planning Commission's
purview to review and vote on this project and then forward to the City Council.
A-3. COASTAL DEVELOPMENT PERMIT NO. 08-006/CONDITIONAL USE PERMIT
NO.08-011 WITH SPECIAL PERMIT NO.08-002/ VARIANCE NO. 08-
006/MITIGATED NEGATIVE DECLARATION NO.08-011 (MIXED USE
BUILDING AT 620 PACIFIC COAST HIGHWAY) — Ram! Talleh, Senior
Planner
Senior Planner Rami Talleh presented an overview of the project and noted that
the project site is located on the northeast corner of Pacific Coast Highway and
6tn Street.
Commissioner Dwyer asked if a design precedent had been set for this type of
mixed -use building and staff indicated that the proposed Pacific View building is
similar in design to the existing building at Plaza Almeria on Main Street.
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Commissioner Scandura requested that staff provide 11 x 17 plans when this
item comes before the Planning Commission on September 23, 2008; staff noted
that these would be black and white plans.
Commissioner Farley commented that he would like to see a full alley view
diagram of the site on September 23, 2008.
B. STUDY SESSION ITEMS
B-1. PLANNING COMMISSION RULES —Chair Tom Livengood
Chair Livengood recommended moving Study Session Item No. B-1 after Public
Comments.
Chair Livengood gave a brief overview of the Planning Commission Rules dated
January 10, 2006 (approved and adopted May 15, 2006).
C. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS)
Herb Fauland, Planning Manager, advised that there are no Late Communications for
Items B-1 and B-2.
D. PLANNING COMMISSION COMMITTEE REPORTS
Vice Chair Shier -Burnett reported on the upcoming Green Committee meeting.
Commissioner Farley reported on his attendance at the Circulation Element Committee
meeting on September 8, 2008.
E. PUBLIC COMMENTS
Karen Otis of Otis Architecture spoke in favor of Item #SS-A3.
Lindsay Parton of DJM Capital Partners spoke in favor of Item # SS-A2.
F. PLANNING COMMISSION COMMENTS - NONE
6:28 PM — RECESS FOR DINNER
7:00 P.M. — COUNCIL CHAMBERS
CALL PLANNING COMMISSION MEETING TO ORDER
PLEDGE OF ALLEGIANCE — Led by Commissioner Farley
P P P P P A P
ROLL CALL: Farley, Dwyer, Shier -Burnett, Livengood, Shaw, Speaker, Scandura
Commissioner Speaker was absent.
AGENDA APPROVAL
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A MOTION WAS MADE BY SCANDURA, SECONDED BY SHAW, TO REOPEN THE PUBLIC
HEARING ON ITEM NO. B-1 AND TO APPROVE THE PLANNING COMMISSION AGENDA
OF SEPTEMBER 9, 2008, BY THE FOLLOWING VOTE:
AYES:
Farley, Livengood, Shaw, Scandura
NOES:
Dwyer, Shier -Burnett
ABSENT:
Speaker
ABSTAIN:
None
MOTION APPROVED
A. ORAL COMMUNICATIONS
Alicia Dose, resident of Huntington Harbour, spoke in opposition to Items #13-1 and #B-2.
B. PUBLIC HEARING ITEMS
B-1. APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF COASTAL
DEVELOPMENT PERMIT NO. 07-018 AND CONDITIONAL USE PERMIT NO.
07-044 (HERMAN RESIDENCE - CONTINUED FROM THE JUNE 24, 2008
MEETING) Applicant: Greg Howell Appellant: Commissioner John Scandura
Request: CDP: To permit the demolition of an existing single-family dwelling and
the construction of an approximately 5,196 sq. ft., 34 ft. tall single-family dwelling
with a 640 sq. ft. attached garage; CUP: To allow a) approximately 646 sq. ft. of
3`d floor habitable area; (b) an approximately 48 sq. ft. third story deck; and (c)
an overall building height exceeding 30 ft. The request includes a review and
analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance
encourages adjacent property owners to review proposed development for
compatibility/ privacy issues, such as window alignments, building pad height,
and floor plan layout Location: 3292 Falkland Circle, 92649 (terminus of
Falkland Circle, east of Channel Lane — Huntington Harbour) Proiect Planner:
Andrew Gonzales
STAFF RECOMMENDATION: Motion to: "Approve Coastal Development Permit
No. 07-018 and Conditional Use Permit No. 07-044 with findings and suggested
conditions of approval."
The Commission made the following disclosures:
• Commissioner Farley attended the Study Session on August 28, 2008
and has no disclosures since the June 24, 2008 meeting.
• Commissioner Dwyer attended the Study Session on August 28, 2008
and has no disclosures since the June 24, 2008 meeting.
• Vice Chair Shier -Burnett attended the Study Session on August 28, 2008
and visited the site since the June 24, 2008 meeting.
• Commissioner Shaw attended the Study Session on August 28, 2008
and has no disclosures since the June 24, 2008 meeting.
• Commissioner Scandura attended the Study Session on August 28, 2008
and has no disclosures since the June 24, 2008 meeting.
• Chair Livengood has visited the site, attended the Study Session on
August 28, 2008 and has no disclosures since the June 24, 2008
meeting.
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Andrew Gonzales, Assistant Planner, gave an overview of the project.
THE PUBLIC HEARING WAS OPENED.
Greg Howell, applicant, stated that he was present and available to answer the
Planning Commission's questions.
Stephen Herman, property owner, spoke in favor of Item No. B-1 and stated that the
requested changes to the plans have been made.
Steve Wild, resident, spoke against Item No. B-1, citing concerns with parking.
Dorothy Ralphs, president of the Huntington Harbour Property Owners Association
(HHPOA), spoke against Item No. B-1, saying that she believes there should be a 30'
limit on the building height.
Dorris Moore, resident, spoke against Item No. B-1, citing concerns with possible
obstruction of neighboring views and setting a precendent for single family houses of
this size in Huntington Harbour.
Alicia Dose, resident, spoke in opposition to Item No. B-1.
Mike Palikin, Huntington Harbour Property Owners Association, spoke against Item
No. B-1, citing issues with traffic, parking and said that the proposed home is
oversized for the neighborhood.
Elizabeth Ament Howell, of Sky View Designs, spoke in favor of Item No. B-1, and
said that changes have been made to the plans and the proposed height has been
reduced.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Commissioner Scandura noted that the new project plans include more articulation,
1,000 sq. ft. less floor area and a 30%-40% reduction in third floor area. He indicated
that he was satisfied with the revised plans and would vote in favor of the project.
Commissioner Shaw said that he concurs with Commissioner Scandura and indicated
that the applicant did a good job in revising their project plans.
Vice Chair Shier -Burnett said that the zoning code is not 100% black and white, and is
subject to individual judgment. She also said that she has visited the site and viewed
the eleven homes on Falkland Circle and was surprised that the Planning Commission
has not heard from more of the neighbors on Falkland Circle. She said that she feels
that the proposed building height is still too high and will be voting against the item.
Commissioner Dwyer said that he concurs with Shier -Burnett and stated that he would
be in favor of the project, with the revisions to the plans.
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A MOTION WAS MADE BY SCANDURA, SECONDED BY SHAW, TO
APPROVE COASTAL DEVELOPMENT PERMIT NO.07-018 AND
CONDITIONAL USE PERMIT NO. 07-044 WITH REVISED FINDINGS AND
MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Farley, Dwyer, Livengood, Shaw, Scandura
NOES:
Shier -Burnett
ABSENT:
Speaker
ABSTAIN:
None
MOTION APPROVED
FINDINGS AND CONDITIONS OF APPROVAL
COASTAL DEVELOPMENT PERMIT NO. 2007-0181
CONDITIONAL USE PERMIT NO.2007-044
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
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 15303 of the CEQA Guidelines, because the project is located in an
urbanized residential zone and involves the construction of a new single family dwelling.
FINDINGS FOR APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 2007-018:
1. Coastal Development Permit No. 2007-018 for the demolition and construction of an
approximately 5,196 sq. ft. single-family dwelling with a 640 sq. ft. attached garage
conforms with the General Plan, including the Local Coastal Program land use designation
of Residential Low -Density. The project is consistent with Coastal Element Land Use Policy
C 1.1.1 to encourage development within, contiguous to or in close proximity to existing
developed areas able to accommodate it. The proposed construction will occur on a
developed site, contiguous to existing residential development.
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code. The development
complies with the maximum site coverage, maximum building height, minimum yard
setbacks, minimum onsite parking, and third story design criteria. A concurrent application
for a conditional use permit is under review to permit a third floor habitable area, third floor
deck, and an overall building height of 34 ft.
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. The proposed addition will be
constructed on a previously developed site in an urbanized area with all necessary services
and infrastructure available, including water, sewer, and roadways.
4. The development conforms to the public access and public recreation policies of Chapter 3
of the California Coastal Act. The proposed addition will not impede public access or impact
public views to coastal resources.
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FINDINGS FOR APPROVAL — CONDITIONAL USE PERMIT NO. 2007-044:
Conditional Use Permit No. 2007-044 to permit an approximately 646 sq. ft. third floor living
area and an approximately 48 sq. ft. third story deck with an overall building height of 34 ft.
will not be detrimental to the general welfare of person working or residing in the vicinity or
detrimental to the value of the property and improvements in the neighborhood. The
proposed habitable area will be located within the confines of the second story roof volume,
thus minimizing mass and bulk of the structure. The overall building height is not
anticipated to impact surrounding properties because the project is mainly adjacent to two-
story single family residences. The proposed rooftop deck will be located at the rear of the
house and oriented toward the public right-of-way to insure privacy for adjacent properties.
The proposed rooftop deck is setback more than 20 ft. from adjacent residential properties,
and more than five ft. from the building exterior.
2. The conditional use permit will be compatible with surrounding uses consisting of single-
family homes because the three-story residence is designed to be comparable to other two-
story homes in the vicinity. The home is designed as a two-story residence with the third
floor habitable area and rooftop deck integrated within the confines of the second story roof.
The habitable area and rooftop deck is contained within the second floor roof volume with
the orientation of the deck toward the Shelter Channel and sufficiently setback from the
building exterior to insure privacy for adjacent properties.
3. The proposed conditional use permit 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 (HBZSO). The project complies with maximum lot coverage, minimum building
setbacks, and maximum building height. An overall building height of 34 ft., third floor
habitable area, and third floor deck are allowed in the base zoning district with approval of a
conditional use permit.
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 RL-7 (Low Density Residential-7
units per acre) on the subject property. In addition, it is consistent with the following goals
and policies of the General Plan:
Policy 9.2.1: Require that all new residential development within the existing residential
neighborhoods (i.e., infill) be compatible with existing structures, including the:
a. Maintenance of the predominant or median existing front yard setbacks;
b. Use of building heights, grade elevations, orientation and bulk that is compatible with the
surrounding development.
c. Use of complementary building materials, colors and forms, while allowing flexibility for
unique design solutions.
d. Maintenance of privacy on abutting residences.
The proposed project complies with the following General Plan policies because the project
employs variations in form such as variable rooflines and building pop -outs, contrasting
exterior finishes, building details such decorative doors and windows, and building siting in
order to create visual interest. The architectural elements of the residence which includes
windows, doors, balconies, and roof eaves create a rhythmic composition, taking into
consideration scale, style and proportion of architectural elements. Furthermore, the
proposed project is designed to minimize privacy impacts by not aligning windows with
adjacent residences and orientating balconies and decks toward the public right-of-way.
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The design of the residence will be compatible with existing developments in the
neighborhood which are comprised of one- to two-story residences because the project will
convey the appearance of a two-story home.
Obliectives C 1.1: Ensure that adverse impacts associated with coastal zone development
area mitigated or minimized to the greatest extend feasible.
Implementation Program I-C 2:
The principal method for implementing of the Coastal Element is the HBZSO, and the
design and development standards contained therein. Accordingly, projects that comply
with HBZSO standards area consistent with the Coastal Element of the General Plan.
The project will comply with the goals and policies of the Coastal Element the General Plan
and the standards of the HBZSO. No adverse impacts will occur as a result of the proposed
development. The project will not impact coastal access or coastal resources. The
proposed construction will occur on a previously developed site, contiguous to existing
residential development.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2007-
018/CONDITIONAL USE PERMIT NO. 2007-044:
1. The site plan, floor plans, and elevations received and dated August 14, 2008 shall be the
conceptually approved design.
2. Incorporating sustainable or "green" building practices into the design of the proposed
structures and associated site improvements is highly encouraged. Sustainable building
practices may include (but are not limited to) those recommended by the U.S. Green
Building Council's Leadership in Energy and Environmental Design (LEED) Program
certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=19) or Build It Green's
Green Building Guidelines and Rating Systems
(http://www.builditgreen.org/index.cfm?fuseaction=guidelines).
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
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B-2. APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF COASTAL
DEVELOPMENT PERMIT NO.08-011 AND CONDITIONAL USE PERMIT NO.
08-021 (SAWYER RESIDENCE) Applicant: Jay Golison Appellant: Mayor Pro
Tern Keith Bohr Request: CDP: To permit the demolition of an existing single-
family dwelling and the construction of an approximately 4,835 sq. ft., 33.5 ft. tall
single-family dwelling with a 602 sq. ft. attached garage; CUP: To allow (a)
approximately 1,010 sq. ft of 3`d floor habitable area; and (b) an overall building
height exceeding 30 ft. The request includes a review and analysis for
compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages
adjacent property owners to review proposed development for compatibility/
privacy issues, such as window alignments, building pad height, and floor plan
layout. Location: 16701 Peale Lane, 92649 (west side of Peale Lane, north of
Gilbert Drive — Huntington Harbour) Project Planner: Ron Santos
STAFF RECOMMENDATION: Motion to: "Approve Coastal Development Permit
No. 08-011 and Conditional Use Permit No. 08-021 with findings and suggested
conditions of approval."
The Commission made the following disclosures:
• Commissioner Scandura visited the site and attended the Study Session
on August 26, 2008.
• Commissioner Shaw attended the Study Session on August 26, 2008.
• Vice Chair Shier -Burnett attended the Study Session on August 26, 2008,
visited the site and spoke to staff.
• Commissioner Dwyer visited the site and attended the Study Session on
August 26, 2008.
• Commissioner Farley spoke to staff, visited the site and attended the
Study Session on August 26, 2008.
• Chair Livengood visited the site, spoke with staff and attended the Study
Session on August 26, 2008.
Ron Santos, Associate Planner, gave an overview of the project.
Chair Livengood asked staff about the total square footage of the proposed
project and staff indicated that it would be a 4,835 sq. ft. building with a 602 sq.
ft. attached garage, with a height of 33.5'.
THE PUBLIC HEARING WAS OPENED.
Jay Golison, applicant, spoke in favor of Item No. B-2 and indicated that he
would be available to answer questions from the Planning Commission.
Dorothy Ralphs, President of the Huntington Harbour Property Owners
Association, spoke in opposition to Item No. B-2 and recommended that the
building height be limited to 30'.
Alicia Dose, resident, spoke in opposition to Item No. B-2.
Mike Palikin, Huntington Harbour Property Owners Association, spoke against
Item No. B-1, citing issues with traffic and parking. He said that he is in support
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of larger garage areas to accommodate the parking demands of larger
residences.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Commissioner Dwyer recommended hoist parking be added to the garage plans,
which would provide two additional parking spaces.
Commissioner Scandura said that he is not in favor of the project as it is currently
designed, saying that the structure would be too bulky.
Commissioner Shaw said that he concurs with Commissioner Scandura.
Commissioner Dwyer said that he disagrees with Commissions Scandura and
Shaw.
Vice -Chair Shier -Burnett says that while she concurs with Commissioner
Scandura and Shaw, she does not feel that this project would set a precedent for
the neighborhood, as each design is unique. She asked staff if there are any
existing three story homes on Peale Lane and staff said that there is one three
story home with a height of 34'.
Chair Livengood asked about the driveway length and staff indicated that the
distance from the garage to the sidewalk is 20'. Chair Livengood also asked
about lot coverage and staff said that the proposed building would have
approximately 50% lot coverage.
Commissioner Scandura stated that he would recommend denial and indicated
the items in the suggested findings for approval that he disagreed with, such as
conformance with The General Plan and Local Coastal Program, impeding public
access, exceeding building height, and being detrimental to the welfare of
persons working or residing in the vicinity.
Senior Deputy City Attorney noted that each of Commissioner Scandura's
proposed strike -outs to the existing findings for approval must be supported by
specific facts.
STRAW VOTE
A Straw Vote motion was made by Scandura, seconded by Shaw, to
support denial of the project with revised findings and strike -outs.
AYES:
Shaw, Scandura
NOES:
Farley, Dwyer, Shier -Burnett, Livengood
ABSENT:
Speaker
ABSTAIN:
None
MOTION FAILED
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A MOTION WAS MADE BY DWYER, SECONDED BY FARLEY, TO APPROVE
COASTAL DEVELOPMENT PERMIT NO.08-011 AND CONDITIONAL USE
PERMIT NO.08-021 WITH REVISED FINDINGS AND MODIFIED CONDITIONS
OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Farley, Dwyer, Shier -Burnett, Livengood
NOES:
Shaw, Scandura
ABSENT:
Speaker
ABSTAIN:
None
MOTION APPROVED
FINDINGS AND CONDITIONS OF APPROVAL
COASTAL DEVELOPMENT PERMIT NO. 2008-011/
CONDITIONAL USE PERMIT NO. 2008-021
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
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 15302 of the CEQA Guidelines, because the project consists of the
replacement of an existing structure (a single-family dwelling) where the new structure (a
single-family dwelling) will have substantially the same purpose and capacity as the structure
replaced.
FINDINGS FOR APPROVAL —COASTAL DEVELOPMENT PERMIT NO. 2008-011:
Coastal Development Permit No. 2008-011 to permit the demolition of an existing single-
family dwelling and the construction of an approximately 4,835 sq. ft., 33.5 ft. tall single-
family dwelling with a 602 sq. ft. attached garage, as proposed, conforms with the General
Plan, including the Local Coastal Program land use designation of Residential Low -Density.
The project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage
development within, contiguous to or in close proximity to existing developed areas able to
accommodate it. The proposed construction will occur on a previously developed site,
contiguous to existing residential development.
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code. The project complies
with all applicable development regulations including maximum building height and lot
coverage, minimum yard setbacks and on -site parking, and third story design criteria.
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. The proposed project will be
constructed in an urbanized area with direct access from an existing public street and with
all necessary services and infrastructure available including water, sewer and electricity.
4. The development conforms with the public access and public recreation policies of Chapter
3 of the California Coastal Act. The project will not impede public access or impact public
views to coastal resources. In addition, the project is subject to payment of required park
fees, to be used for acquiring and maintaining public parkland for recreational use.
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FINDINGS FOR APPROVAL — CONDITIONAL USE PERMIT NO. 2008-021:
1. Conditional Use Permit No. 2008-021 to allow (a) approximately 1,010 sq. ft of habitable
space above the 2"d story and; (b) an overall building height exceeding 30 ft. 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 habitable area will be located within the confines of the second -story roof
volume as required by the Zoning & Subdivision Ordinance (HBZSO), thus minimizing
mass and bulk of the structure. In addition, the dwelling features a variety of roof lines
and will exceed 30 ft. in height at the roof peaks/ridgelines only, thereby ensuring that
the proposed building height will not be detrimental to surrounding properties.
2. The conditional use permit will be compatible with surrounding uses because the design,
building materials, height, size and massing of the proposed dwelling is comparable with
other dwellings existing in the surrounding neighborhood.
3. The proposed project 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. The project complies with the maximum building height, maximum lot
coverage, and minimum building setbacks. Habitable area above the second story is
allowed in the base zoning district with approval of a conditional use permit. The
proposed third story deck will be setback a minimum of five feet from the second -story
fagade as required by the HBZSO.
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 RL-7 (Low Density Residential —
7 units per acre) on the subject property. In addition, it is consistent with the following
goals, policies and objectives of the General Plan:
A. Land Use Element
Policy 9.2.1: Require that all new residential development within the existing residential
neighborhoods (i.e., infill) be compatible with existing structures, including the:
a. Maintenance of the predominant or median existing front yard setbacks;
b. Use of building heights, grade elevations, orientation and bulk that is compatible with
the surrounding development.
c. Use of complementary building materials, colors and forms, while allowing flexibility
for unique design solutions.
d. Maintenance of privacy on abutting residences.
The proposed dwelling will comply with maximum building height permitted in the RL zone
with a conditional use permit. The proposed third -story is designed within the confines of
the second -story roof volume as required by HBZSO design standards for the RL zone, thus
minimizing the building massing. No third -story view windows or deck areas are oriented
toward adjoining properties and all windows on the first and second floors will offset from
windows on existing adjacent dwellings or will be fitted with obscure glass (bathroom
windows), in order to maintain privacy on abutting properties.
B. Coastal Element
Obiectives C 1.1: Ensure that adverse impacts associated with coastal zone
development area mitigated or minimized to the greatest extend feasible.
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Implementation Program PC 2:
The principal method for implementing of the Coastal Element is the HBZSO, and the
design and development standards contained therein. Accordingly, projects that comply
with HBZSO standards area consistent with the Coastal Element of the General Plan.
The project will comply with the goals and policies of the Coastal Element the General Plan
and the standards of the HBZSO. No adverse impacts will occur as a result of the proposed
development. The project will not impact coastal access or coastal resources. The
proposed construction will occur on a previously developed site, contiguous to existing
residential development.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2008-011/
CONDITIONAL USE PERMIT NO. 2008-021:
1. The site plan, floor plans, and elevations received and dated July 14, 2008 shall be the
conceptually approved design with the following modification: Roof dormers on the north
and south sides of the house shall be fitted with view -obscuring glass block.
2. Prior to issuance of grading permits, the existing Time Warner cable TV pull box shall be
relocated out of the proposed driveway approach or written approval from Time Warner to
allow the pull box to remain in its current location shall be submitted to the Public Works
Department. (PW)
3. Prior to submittal for building permits, zoning entitlement conditions of approval and code
requirements identified in separately transmitted memorandum from the Departments of
Building & Safety, Fire, Planning and Public Works shall be printed verbatim on one of the
first three pages of all the working drawing sets used for issuance of building permits
(architectural, structural, electrical, mechanical and plumbing) and shall be referenced in
the sheet index. The minimum font size utilized for printed text shall be 12 point.
4. Incorporating sustainable or "green" building practices into the design of the proposed
structures and associated site improvements is highly encouraged. Sustainable building
practices may include (but are not limited to) those recommended by the U.S. Green
Building Council's Leadership in Energy and Environmental Design (LEED) Program
certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=19) or Build It Green's
Green Building Guidelines and Rating Systems
(http://www.builditgreen.org/index.dm?fuseaction=guidelines).
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
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C. CONSENT CALENDAR - NONE
D. NON-PUBLIC HEARING ITEMS - NONE
E. PLANNING ITEMS
E-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Director of Planning - reported on the items from the previous
City Council meeting.
E-2. CITY COUNCIL ITEMS FOR NEXT MEETING
Scott Hess. Director of Planning — reported on the items scheduled for the
next City Council meeting.
E-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Planning Manager— reported on the items scheduled for the
next Planning Commission meeting
F. PLANNING COMMISSION ITEMS
F-1. PLANNING COMMISSION REQUEST ITEMS — NONE
F-2. PLANNING COMMISSION COMMENTS
Chair Livengood reported on the Planning Commission Field Trip, which is
scheduled for September 11, 2008.
ADJOURNMENT: Adjourned at 8:40 PM to the Planning Commission Field Trip on
September 11, 2008, and then to the next regularly scheduled meeting of September 23,
2008.
APP7R7��
Scott H ss, geEretary
� t
E izabeth Shier -Burnett, Chair
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