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HomeMy WebLinkAbout1988-07-06 (7)APPROVED 8-2-88 MINUTES HUNTINGTON BEACH PLANNING COMMISSION DULY 6, 1988 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE A P P P P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega P P Higgins, Kirkland A. CONSENT CALENDAR None B. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. Commissioner Silva inquired as to the status of the Public Work's application(s) to permit the temporary drop site on the north side of Adams Avenue adjacent to the flood control channel. He requested that staff provide a response as to how long this use will remain and/or what process is intended to permit the use. C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT N0, 88-14 WITH SPECIAL PERMITS/ TENTATIVE TRACT 13559/COASTAL DEVELOPMENT PERMIT NO. 88-13 (CONTINUED FROM JUNE 21 1988 PLANNING COMMISSION MEETING) APPLICANT: VISTA CATALINA Conditional Use Permit No. 88-14 with Special Permits, Tentative Tract 13559 and Coastal Development Permit No. 88-13 constitute a request to develop a 3-story, 32-unit condominium project with subterranean parking. The site is located in the Downtown Specific Plan Area at the northeast corner of Pacific Coast Highway and Sixteenth Street and is currently vacant except for one residence, which will be removed. A portion of the alleyway parallel to Pacific Coast Highway will be vacated and made a part of the project. The subject request was automatically continued from the June 21, 1988 Planning Commission meeting due to a 3 to 3 vote by the Commission. The Public Hearing was closed. STAFF RECOMMENDATION: Continue Conditional Use Permit No. 88-14 with Special Permits, Tentative Tract 13559 and Coastal Development Permit No. 88-13 to the July 19, 1988 Planning Commission meeting. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO CONTINUE CONDITIONAL USE PERMIT NO. 88-14 WITH SPECIAL PERMITS, TENTATIVE TRACT 13559 AND COASTAL DEVELOPMENT PERMIT NO. 88-13 TO THE JULY 19, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: Slates ABSTAIN: None MOTION PASSED C-2 ZONE CHANGE N0, 88-61NEGATIVE DECLARATION NO 88-11 APPLICANT: JAMES WARNEMUENDE Zone Change No. 88-6 and Draft Negative Declaration No. 88-11 is a request to change the zoning on a vacant .27 gross acre parcel, located on the inland side of Pacific Coast Highway approximately 350 feet southeast of Admiralty Drive, from R2(7.4)-CZ to R2-CZ. The current zoning limits the maximum allowable number of dwelling units on the site to two (2). The applicant's proposed zoning would permit up to three (3) dwelling units on the site. PC Minutes - 7/6/88 -2- (0994d) ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time which require draft negative declarations for projects involving State agencies to be posted for 30 days and forwarded to the State Clearinghouse, the Department of Community Development posted draft Negative Declaration No. 88-11 for thirty (30) days. Prior to any action on Zone Change No. 88-6, it is necessary for the Planning Commission to review and act on Negative Declaration No. 88-11. COASTAL STATUS: The zone change constitutes an amendment to the City's Local Coastal Plan and will require final review and approval by the California Coastal Commission. STAFF RECOMMENDATION: Approve Negative Declaration No. 88-11 and Zone Change No. 88-6 with findings and conditions of approval and forward to City Council for adoption. THE PUBLIC HEARING -WAS OPENED David Payne, applicant, 4241 Calhoun Drive, spoke in support of the request. He thanked staff for all of their assistance. There were no other persons present to speak for or against the request and the public hearing was closed. Commissioner Silva expressed concern with the lack of parking on Pacific Coast Highway at this address. A MOTION WAS MADE BY LIVENGOOD, SECOND BY HIGGINS, TO APPROVE ZONE CHANGE NO. 88-6 AND NEGATIVE DECLARATION NO. 88-11 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Livengood, Leipzig, Ortega, Higgins, Kirkland NOES: Silva ABSENT: Slates ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The proposed zone change from R2(7.4)-CZ to R2-CZ with the Medium Density Residential designation in General Plan. is consistent the City's PC Minutes - 7/6/88 -3- (0994d) 2. The proposed development of the property as residential is compatible with the surrounding land use. 3. Based upon the R2 designationj development on the site would be limited to three dwelling units (apartments) which is adequate for the site because of the irregular shape of the lot, the location of the 11 foot wide sewer and water=easement, and the .limited access onto Pacific Coast Highway. C-3 PRECISE PLAN OF 1i • APPLICANT: CITY OF HUNTINGTON BEACH Precise Plan of Street Alignment No. 88-2 is a request to consider closure of Tenth, Twelfth, Thirteenth, Fifteenth and Nineteenth Streets at Pacific Coast Highway by installing cul-de-sac design turnarounds, and to consider a mid -block closure (or at Pacific Coast Highway),of.Seventh, Eighth, Sixteenth, Eighteenth, Twenty -First and Twenty -Second Streets between Walnut Avenue and Pacific Coast Highway. STAFF RECOMMENDATION: Approve Precise Plan of Street Alignment No. 88-2 by adopting Resolution No.;,1402,.and.r.ecommend approval by the City Council. THE PUBLIC HEARING;WAS-OPENED_ Jim Cole, 124 E,leventh;.Street, said he wants the streets left open and is willing to do anything to keep them open. Victor York, 205 Eleventh Street, feels traffic will be increased by the closure of streets. He said he appreciates the fast response he is currently receiving•.froik- the fire -and police' departments and would not like that impacted. He suggested that temporary barriers be set up and evaluated before a plan is approved. Mike Leach, 402 Twentieth Street, stated Twentieth Street is completely residential and not wide enough to accommodate additional traffic. He feels further study should be completed because the traffic study is invalid due to current blockage from construction in the area. He further stated that he was not notified of the public hearing and feels re -notification should be done and another hearing scheduled so that everyone in the area will know about the proposed plan. Gerald Caterina, 19816 Waterview, feels that further parking studies should be completed because if parking is removed on Walnut more problems will occur. PC Minutes - 7/6/88 -4- (0994d) Vic Kovalovsky, 410 Eleventh Street, stated that he was not notified and feels that the area should be re -noticed regarding the proposed plan. He feels that the response time from the fire and police departments will be impacted if streets are closed. He is opposed to any street closures. Lance Dreier, 516 Twentieth Street, feels that when streets are closed it will triple the traffic on the open streets and cause confusion in the area. He also stated that he was not notified of the public hearing. Michael Baksa, 512 Twentieth Street, spoke in opposition to the (street closures. He also stated that he was not notified. Dennis Marton, 514 Twentieth Street, stated he just purchased his home, is now informed by a neighbor (not notified) that his street will be left open and the other streets closed in the area, and he is against the plan. He feels more studies should be completed. Bob Bolen, 1818 Pine Street, questioned the net gain numbers for parking provided by staff, and expressed his opposition to street closures. He is concerned with traffic problems being created and questioned how beachgoers will park on cul-de-sacs and then get to Pacific Coast Highway to cross. He does not think it will be possible. Jack Houston, 211 Nineteenth Street, asked if the cul-de-sacing was a plan proposed as a compromise with CalTrans for improvements to Pacific Coast Highway. ' Y Robert Corona, 112 Twenty -First Street, spoke in support of cul-de-sac streets. He feels with cul-de-sacs it will keep traffic off of streets and would like to see all of the streets closed. Arthur Andrew, 218 Twentieth Street, submitted a petition signed by 98 percent of the residents on Twentieth. He stated sufficient notification of the plan was not completed because he personally notified 50 percent of the residents on Twentieth. He feels all streets should be cul-de-saced with pedestrian walkways across Pacific Coast Highway. Nick Ali, 706 Pacific Coast Highway, owns a business in the area, and stated that if his street is closed he will have to file bankruptcy because people will be unable to get to his store. James Smith, 201 Twelfth Street, feels that traffic should be diverted to the main thoroughfares. Patricia Carman, 6242 Priscilla, said her house on Eighteenth Street is n8w in escrow and does not want to lose her views because of high rise building on.Pacific Coast Highway. PC Minutes - 7/6/88 -5- (0994d) Tom Williams, 201 Tenth.Street, spoke in opposition to street closures and cul-de-sacing. He also asked if parking meters were being proposed. Ed Key, 902 Pecan, feels that either all streets -should be cul-de-saced or none. He said he was in favor-of,pedestrian overpasses and feels that some temporary closures,should-be initiated and studies completed as to the impacts•of the closures. Mike Beverly, 427 Twentieth Street, said he was in favor of temporary closures to further study the circulation problems. He feels that without experimenting a perfect solution will not be made. Eileen Hayes, 324 Twentieth Street, feels re -notification should be done because she was not notified and half of her neighbors were not notified. She also feels that the City should either close all of the street or none of the streets. She is concerned with added noise, traffic, security problems and parking problems. E. T. Conlon, 229 Ninth Street, concerned Stith the notification system of the City. He asked if the left -over property after cul-de-sacing would be given to developers in order to increase densities on projects. He is against 90 degree parking and feels that by removing parking from Pacific Coast Highway and shutting off streets that the City is prohibiting access to the beach. He feels that real benefits should -be proven. t Ursula A. Coffin,-209 Twenty -First Street, stated,she,is against anything that the.City proposes: She addressed her concerns regarding mail -box regulations in the City. G. Wolff, 303 Ninth Street, feels that cul-de-sacing will only benefit builders. He asked where the money would come from to build the -cul-de-sacs. He also questioned the time of day that the traffic study was completed. He feels that there should be more parking control,in'the downtown area, i.e.-i-ssuing parking permits to the residents. Scott Kimball, 3226 Anne Circle, spoke in support of cul-de-sacing. He feels Pacific Coast Highway is a bottleneck and that the cul-de-sacs will alleviate some of the traffic problems. Edward Rugel, 302 Ninth Street, Transportation Engineer, feels that an inadequate evaluation of the traffic was completed by the City. He feels that the problems need more addressing and evaluation of the impacts. He is opposed to turning residential streets into parking lots. Philip Graham, 122 Seventeenth Street, spoke in opposition to street closures. He feels the Commission will be abandoning him if approval is given to this plan and feels his life will be disrupted. PC Minutes - 7/6/88 -6- (0994d) i 1 Spike Oby, 328 Twentieth Street, suggested that all residents in the area vote by petition on the circulation plan. He expressed concern with the notification process of the City and feels that it is inadequate. Gerald Neville, 125 Sixteenth Street, feels if streets are closed property values will go down and the downtown area will not be a place for children. Marjorie Allen, 201 Ninth Street, spoke in opposition to the street closures. There were no other persons present to speak for or against the request and the public hearing was closed. The following comments were made by the Commissioners: Commissioner Ortega feels that the precise plan is premature and that the area needs open circulation. She supports denial of the proposed street alignment because she is opposed to cul-de-sacing. She feels by closing streets that alleys will used as short-cuts. She would like to see pedestrian walkways over Pacific Coast Highway considered. She requested further studies be completed. Chairman Leipzig stated he was against street closures. He does not" feel it will benefit the area. Commissioner Livengood asked for further clarification on net gain parking. He favored denial of the plan with direction to staff to further study traffic in the area, parking, and access. He feels the residential neighborhoods should be protected from all impacts. Commissioner Higgins requested a continuance on the plan -for further studies and discussion. He suggested further studies be made on: 1)-access to commercial areas; 2) will commercial area serve residents or PCH; 3) ingress/egress from PCH; 4) additional street closures; 5) impact on Walnut, parking, additional traffic; 6) traffic impacts on the alleys. Commissioner Silva was concerned that many residents were not notified of the public hearing. He said he would support temporary street closures as a testing process. Commissioner Kirkland felt the 1982 Traffic Study was not adequate and feels that the streets not cul-de-saced will bear the blunt of all of the traffic. He stated he would support a continuance. PC Minutes - 7/6/88 -7- (0994d) A MOTION WAS MADE BY ORTEGA, SECOND BY LIVENGOOD, TO DENY PRECISE PLAN OF STREET ALIGNMENT NO. 88-2, WITH A STUDY SESSION SCHEDULED FOR JULY 19, 1988, TO DISCUSS ALTERNATIVES, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega NOES: Higgins, Kirkland ABSENT: Slates ABSTAIN: None �.• • Cnq -W % APPLICANT: TAIT & ASSOCIATES Conditional Use Permit No. 88-12 and Coastal Development Permit No. 88-11 is a request to demolish an existing full -service gas station and construct a new full -service gas station with attached car wash at 17222 Pacific Coast Highway. Conditional Exception (Variance) No. 88-13 is a request to allow four service bays in lieu of three bays. A similar application for -the subject site -was processed'in November of 1987 and Conditional Use Permit No. 87-46 was approved in December 1987. The Planning Commission, however, denied a concurrent variance.for a detached car wash. Eventually the applicant withdrew: -Conditional Use Permit No. 87-46 in order to bring back this revised request. Negative Declaration No. 87-47 was prepared at that time and is still applicable to the current, re -submitted application. ' • The proposed full -serve gas station with an attached car wash is located within a non -appealable area of the coastal zone boundaries. Prior to any action on Conditional Use Permit No. 88-12 or Conditional Exception (Variance) No. 88-13, it is necessary for the Planning Commission to review and act on Coastal Development Permit No. 88-11. ,_l Approve Conditional Use Permit No. 88-12, Conditional Exception (Variance) No. 88-13, Coastal Development Permit No. 88-11 and Negative Declaration No. 87-47 with findings and conditions of approval. 1 PC Minutes - 7/6/88 -8- (0994d) THE PUBLIC HEARING WAS OPENED Chester Bennett, 800 N. Eckhoff Street, applicant, spoke in support of the project. He agreed with the -conditions of approval however expressed concern with the requirement of internal air dryers/blowers. He feels the blowers will cause noise problems. Mike Edukas, 3801 Warner, spoke in opposition to the project. He stated the project will create a 75 percent loss of public view to his adjacent business. Doug Erber, 3801 Warner, opposes the car wash. He feels it will cause congestion to an already bad intersection and as a result of water dripping off cars will cause a braking problems to vehicles at the intersection. He also feels that a car was is inappropriate at the entrance to the City. There were no other persons to speak for or against the project and the public hearing was closed. The Commission discussed problems with water runoff from vehicles entering the intersection. An appropriate condition was suggested to mitigate the problems with attention given to potential noise impacts from blowers. It was also recommended that any alteration or enlarging of the structure to reduce water runoff should come back to the Commission for approval and that water drainage be reviewed annually. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE PERMIT NO. 88-12, CONDITIONAL EXCEPTION (VARIANCE) NO. 88-13, COASTAL DEVELOPMENT PERMIT NO. 88-11 AND NEGATIVE DECLARATION NO. 87-47, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: Slates ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 88-11: 1. The proposed full -service gas station with an attached carwash conforms with the plans, policies, requirements and standards of the Coastal Element. 2. The proposed full -service gas station with an attached,carwash ;,,is consistent with the CZ suffix, the base zoning district, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. PC Minutes - 7/6/88 -9- (0994d) 3. The proposed full -service gas station with an attached carwash can be provided with infrastructure ina manner consistent with the C-LUP. 4. The proposed full -service gas station with an attached carwash conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. I FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT N0, 88-12: 1. . The full -service gas station with attached carwash located on the northeast corner of Pacific Coast Highway and Warner Avenue will not have a detrimental effect on the general health, welfare, safety, and convenience of persons residing or working in the area, nor be detrimental to property values or improvements in the vicinity. 2. The proposed full -service gas station with an attached carwash is in conformance with the City's adopted General Plan. 3. The proposed location, site layout and design will properly adapt the site to streets, driveways and adjacent structures and uses in a harmonious manner. 4. The proposed combination and relationship of the two uses on the site are properly integrated. 5. The proposed access to the full-service�service'gas'station with attached carwash will not create traffic or circulation problems on or off site. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 88-13: 1. The granting of Conditional Exception (Variance) No. 88-13 to allow four service bays will not adversely affect the General Plan of the City of Huntington Beach. 2. Because of special circumstances applicable to the subject property, including size and shape, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The property is 43,078 square feet in size and triangular. J 3. The granting of Conditional Exception (Variance) No. 88-13 will not be materially -detrimental to the public welfare, or injurious to property in the same zone classifications. I* PC Minutes - 7/6/88 -10- (0994d) CONDITIONS OF APPROVAL: 1. The site plan received and dated May 6, 1988, and elevation plans received and dated June 29, 1988, shall be amended to include the following: a. The driveway adjacent to Warner Avenue shown on the site plan with only ingress arrows shall be modified to discourage egress onto Warner, thus reducing potential traffic hazards and left -turns onto Warner and into opposing traffic. b. Provide a minimum 5 foot wide planter along the south wall of the building containing the service bays and car wash (facing Warner Avenue) in order to accommodate some type of landscaping adjacent to the building. Planter material may include trellissed plants such as bougainvillas (in a minimum 15 gallon pot, pre-trellissed) that could be installed between the columns on that wall. 2. Prior to issuance of building permits the following shall be completed: a. A landscape, irrigation plan and soils report shall be submitted to the Public Works Department for review and approval. b. A Rooftop Mechanical Equipment Plan indicating screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment shall be submitted. c. Elevations and site plan shall be reviewed by the Design Review Board for compliance with proposed plans submitted for the public hearing giving special sttention to roof lines and facia. Facia on gas station service bay building shall be compatible with existing retail center adjacent to and just east of subject site. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 5.. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 6. Low -volume heads shall be used on all spigots and water faucets. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. PC Minutes - 7/6/88 -11- (0994d) 8. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used -for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 9. All fire protection equipment for dispensing must comply with Article 79 Division 9 of the Huntington Beach Fire Code which includes an emergency fuel shut off switch, fire extinguishers, intercom for attendant use and proper instructions for dispensing devices. 10. Street lights and wheelchair ramps shall be installed as per Public Works standards. 11. All public improvements damaged during construction shall be replaced or repaired. 12. If applicable, all freestanding and attached signs shall be altered or removed to comply with the provisions of the Huntington Beach Sign Code. 13. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 14. If contamination from hazardous substances has been identified either in the air, -soil, groundwater or buildings, a cleanup plan which has been approved by the Orange County Health Care Agency or State Department of Health Services shall be submitted to the City prior to the issuance of building permits. No construction activities shall take place until it is deemed safe by.the above agencies. : 15. All underground tanks shall be installed and tested for leakage and certified to be in full compliance with Huntington Beach Fire Code Article 79. 16. If any hazardous materials are to be used on site, the gasoline - station must comply with Chapter 1758 of the City's Municipal Code which requires any business that handles or stores hazardous materials, including waste, to inventory the hazardous materials on site and prepare a business emergency plan in case of an accidental release of toxic material. Additionally, all hazardous materials, including waste, must be handled and stored in accordance with the Uniform Fire Code. Waste oil is considered a hazardous waste. 17. Wastewater from the carwash shall be recycled to reduce the demand for water service. Recycling techniques shall be subject to the approval of the City's Water Department. t 18. Development shall meet all local and state regulations regarding installation and operation of all underground storage tanks. PC Minutes - 7/6/88 -12- (0994d) 19. If any tank removal or installation is planned, permits must be obtained from the Orange County Environmental Health Agency and the City Fire Department. 20. There shall be no leasing of parking spaces or outside storage of vehicles, vehicle parts, equipment or trailers. 21. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 22. All utility apparatuses such as but not limited to backflow devices and Edison transformers, shall be prohibited in the front yard and exterior sideyards unless properly screened by approved landscaping or any other method approved by the Director. In no case shall they be within the setback areas along Pacific Coast Highway. All such apparatuses shall be depicted on the site plan prior to issuance of building permits. 23. A system agreeable to the Planning Director shall be required to reduce the amount of water runoff from the cars and onto Warner Avenue as the cars exit the site. Noise impacts shall be mitigated on any system proposed. If expansion of the proosed facility is required to address this concern the proposed change will be brought back to the Planning Commission for review and approval. 24. The impacts of water drainage on -site from the car wash and water runoff'on Warner Avenue from vehicles exiting the car wash shall be reviewed annually. If a water drainage problem does exist, the applicant shall work with the City in correcting the situation. C-5 CONDITIONAL USE PERMIT NO, 88-25 APPLICANT: BENTLEY'S TAVERN Conditional Use Permit No. 88-25 is a request to expand live entertainment in an existing restaurant with three bars located at 7979 Center Drive. The applicant has indicated that the proposed entertainment will be conducted Monday through Friday from 5:00 PM to 2:00 AM and Saturday and Sunday from 11:00 AM to 2:00 AM. 41 '•m1A_ The proposed project is exempt Class 1 Section 15301 from the provisions of the California Environmental Quality Act. REDEVELOPMENT STATUS: The proposed use is located in the Huntington Center Redevelopment Project area. Comments received from the Redevelopment staff on June 24, 1988, indicated that they support the request as long as all parking requirements are met. PC Minutes - 7/6/88 -13- (0994d) SPECIFIC PLAN: North Huntington Specific Plan; General location: bounded by McFadden Avenue on the north, San Diego Freeway to the east, Center Drive to the south and Southern Pacific Railroad to the west. The area is divided into three sites. Bentley's Tavern is located in Site III (One Pacific Plaza) in which commercial (including restaurants) and office professional land uses are allowed. Dancing and/or live entertainment as a primary or secondary use is also allowed subject to the issuance of a conditional use permit and the requirements contained in Section 922.12 of the City's Ordinance Code. Approve Conditional Use Permit No. 88-25 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Don Hart, applicant, spoke in support of the request. He requested the list submitted as potential uses be attached to the permit to alleviate any citations that may be filed due to contests not listed. There were no other persons present to speak for or against the request and the public hearing was closed. Sergeant Ochoa, Police Department, responded to a'memo sent -to the staff planner regarding the request. He said he was concerned with the 27 activities listed on the entertainment permit because they were vague and overly b5toad in description. The Commission suggested that instead of separately listing the proposed contests and Activities that they be subject to the approval of the Police Department through the entertainment permit process. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE PERMIT NO. 88-25, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: Slates ABSTAIN: None FINDINGS FOR APPROVAL: F, 1: The establishment, maintenance and operation of live entertainment will not be detrimental to: PC Minutes - 7/6/88 -14- (0994d) a. The general welfare of persons residing or working in the vicinity; the proposed live entertainment substantially complies -with the criteria in Section 9730.83 of the Ordinance Code. b. Property and improvements in the vicinity of such use or building. 2. The granting of the conditional use permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: 1. Entertainment activities shall be permitted as approved through the Entertainment Permit process. 2. The floor plans received and dated June 17, 1988, shall be the generally approved layout. All seating plans shall be approved and occupant load established by the Building Official. 3. Hours of live entertainment shall be limited to: Monday through Friday 5:00 PM to 2:00 AM Saturday and Sunday 11:00 AM to 2:00 AM 4. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. The proposed use shall comply with all applicable Fire and Building Codes, including Chapter 33 of the Uniform Building Code. 6. All events shall be reviewed by the Fire Department. 7. The proposed live entertaiment shall comply with Chapter 8.40 "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment, the Planning Commission reserves the right to require the applicant to mitigate the noise level. 8. All Police Department concerns and requirements must be addressed and met prior to the issuance and expansion of an Entertainment Permit. PC Minutes - 7/6/88 -15- (0994d) C-6 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 88-18 APPLICANT: MR. & MRS. JIM BOGDANOF Conditional Exception (Variance) No. 88-18 is a request to allow a reduction in the required minimum dimension (15 feet in lieu of 25 feet) for the calculation of open space at 18932 Gregory Lane. On May' 11, 1988, the Acting Zoning Administrator denied Conditional Exception (Variance)*No. 88-18 with findings. The applicant appealed the action taken by the Zoning Administrator. ENVIRONMENTAL STATUS: The proposed project is exempt Class 5 Section 15305 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Uphold the Zoning Administrator's denial of Conditional Exception (Variance) No.-88-18 with findings. THE PUBLIC HEARING WAS OPENED Jim Bogdanof, 18932 Gregory Lane, applicant, spoke in support of the request and presented pictures of his home to the Commission. Larry Kamai, 18912 Gregory Lane, spoke in support of the request. He feels the addition will be an -improvement to the neighborhood. Jessee Raymond, 1700 W. Katella, #360, architect, spoke in support of the request. He feels the addition is aesthetically pleasing and will be an improvement to the neighborhood. Jeaneen Bogdanof, 18932 Gregory Lane, urged the Commission to approve the request. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY'SILVA, SECOND BY ORTEGA, TO OVERTURN THE ZONING ADMINISTRATOR'S DENIAL AND APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 88-18, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: Slates ABSTAIN: None I�$4 0 COR PC Minutes - 7/6/88 -16- (0994d) FINDINGS FOR APPROVAL: 1. Because of special circumstances applicable to the subject property, including size, building configuration, or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone• classifications. 2. The granting of a conditional exception (variance) is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 88-18 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. Granting of reduction in open space minimum dimension (15 feet in liew of the requied 25 feet) will not reduce the required total open space area (1,200 Square Feet). 4. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 30, 1988, shall be the conceptually approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. .3 3. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. DUE TO LATENESS OF THE HOUR (AFTER 11:00 PM) A MOTION TO CONTINUE PUBLIC HEARINGS WAS IN ORDER. is J PC Minutes - 7/6/88 -17- (0994d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO CONTINUE THE PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Oretega, Higgins, Kirkland NOES: None ABSENT: Slates ABSTAIN: None Y leo O� C-7 SITE PLAN AMENDMENT N0, 88-5 APPLICANT: FRED CARDENAS Site Plan Amendment -No. 88-5 proposes to add security gates to the condominium project, Harbour Vista. Phase I, located at the southwest corner of Heil Avenue and Green Street, was approved in 1979 (Conditional Use Permit No. 79-3) and Phase II, located at the southeast corner of Heil Avenue and Green Street, was approved in 1980 (Conditional Use -Permit No. 80-9). The addition -of security gates to an approved plan necessitates'a-site plan amendment be reviewed and approved by the Planning Commission. ENVIRONMENTAL STATUS: The proposed project is exempt Class 1 Section 15301 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Site Plan Amendment No. 88-5 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Fred Cardenas, applicant, spoke in support of the request. Pat Harmon, 16581 Grunion #106, Secretary of the Homeowner's Association, spoke in support of the request and also read a letter into the records from former board members addressing concerns with traffic problems on Green Street. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SILVA, TO APPROVE SITE PLAN AMENDMENT NO. 88-5 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: Slates ABSTAIN: None MOTION PASSED PC Minutes - 7/6/88 -18- (0994d) FINDINGS FOR APPROVAL: 1. The addition of security gates will not constitute a substantial change. 2. The use of property remains residential with no increase in density. 3..- The revision improves the security for the development. 4. The revision complies with all applicable provisions of the Huntington Beach Ordinance Code. 5. The revision allows the number of required parking spaces to be maintained on each phase. CONDITIONS OF APPROVAL: 1. The site plans received and dated May 25, 1988, and elevations dated March 22, 1988, shall be the approved layout subject to the following modifications: a. The visitor parking adjacent to entrance C shall be deleted and striped for turnaround area. b. Phase I site open spaces shall be restriped to provide a total of 282 on -site parking spaces (280 within secured area). c. Phase II site open spaces shall be restriped to provide (� additional parking spaces. 2. The security gate installation shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. APPLICANT: CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY The Redevelopment Agency processed Tentative Tract Map No. 11955 to implement the development of the property within the Talbert -Beach Redevelopment area. Tentative Tract No. 11955 was approved in 1983 as a ten lot subdivision, however, only three lots were recorded prior to its expiration. A revised map was filed as a seven lot subdivision, approved and reinstated by the Planning Commission on July 1, 1986. Since that date, a final map has been recorded on Lot (FT 13065). The remaining six lots consist of an accumulation of umerous "encyclopedia" lots, some of which have not been acquired y the Redevelopment Agency. An extension of time will afford an pportunity to complete necessary property acquisitions. V PC Minutes - 7/6/88 -19- (0994d) STAFF RECOMMENDATION: Approve a one-year extension of time for.Tentative Tract No. 11955 with all previous conditions of approval applicable. A MOTION WAS MADE BY LIVENGOOD, SECOND BY HIGGINS, TO APPROVE"A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT NO. 11955 WITH ALL PREVIOUS CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Leipzig, Ortega, Higgins, Kirkland NOES: None ABSENT: Slates ABSTAIN: None E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES The following items were added to the Inquiries list: PEOPLE LIVING IN TRAILER ON VACANT,LOT - Trailer located in the 100 block on Main and Third Street. TRASH/DEBRIS IN FLOOD CONTROL CHANNEL AT EDINGER - Suggested that the debris be removed before it is dispersed into the harbor. LIGHTS ON GARAGES - ROOSEVELT AVENUE - Suggested that a code enforcement.officer check the lights at -night for spillage. None • u�ul J, M I a►/' • • u��M you None t 1 I" PC Minutes - 7/6/88 -20- (0994d) 1 I. ADJOURNMENT A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, AT 11:45 PM, TO ADJOURN TO A STUDY SESSION AT 5:30 PM, TUESDAY, JULY 19, 1988, IN ROOM B-8 TO DISCUSS A MASTER PLAN OF CIRCULATION FOR THE PORTION OF DOWNTOWN/TOWNLOT AREA ALONG PACIFIC COAST HIGHWAY BETWEEN SIXTH STREET AND GOLDENWEST STREET, AND THEN TO THE NEXT REGULARLY SCHEDULED MEETING TUESDAY, AT 7:00 PM, JULY 19, 1988, BY THE FOLLOWING VOTE: AYES: Livengood, NOES: None ABSENT: Slates MINUTES APPROVED: 01' 11Z L Mike Adams, Secretar Silva, Leipzig, Ortega, Higgins, Kirkland Victor Leipzig, Ch,p1rmdiK PC Minutes - 7/6/88 -21- (0994d)