HomeMy WebLinkAbout1989-03-21APPROVED 5/16/89
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
MARCH 21, 1989
REGULAR MEETING - 7:00 PM
Council Chambers
2000 Main Street
Huntington Beach,
PLEDGE OF ALLEGIANCE
- Civic Center
California
P A P P P
ROLL CALL: Slates, Kirkland, Williams, Bourguignon, Ortega
P P
Mountford, Leipzig
A. CONSENT CALENDAR
A-1 GENERAL PLAN CONFORMANCE NO. 89-3 - Department of
Administrative Services - City Capital Improvement Program
A MOTION WAS MADE BY LEIPZIG, SECOND BY SLATES, TO FIND
GENERAL PLAN CONFORMANCE NO. 89-3 IN CONFORMANCE WITH THE
GENERAL PLAN, BY THE FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Mountford,
Leipzig
NOES: None
ABSENT: Kirkland
ABSTAIN: None
MOTION PASSED
A-2 GENERAL PLAN CONFORMANCE NO. 89-4 - Department of
Administrative Services - (1) Setaside of a portion of vacant
property to be added to Irby Park; (2) Sell surplus property
for single family residential development.
A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO FIND GENERAL
PLAN CONFORMANCE NO. 89-4 (SALE OF SURPLUS PROPERTY FOR SINGLE
FAMILY RESIDENTIAL DEVELOPMENT) NOT IN CONFORMANCE WITH THE
GENERAL PLAN, BY THE FOLLOWING VOTE:
AYES:
Slates,
Leipzig
NOES:
None
ABSENT:
Kirkland
ABSTAIN:
None
MOTION PASSED
Williams, Bourguignon, Ortega, Mountford,
FINDINGS FOR DENIAL:
1. General Plan Conformance No. 89-4 for the sale of surplus
property (vacant Irby Park property) for single family
residential development is not in conformance with the General
Plan. The sale of surplus Irby Park property does not maximize
the outdoor potential of the City. Although it is vacant now,
it could be needed for future park use.
2. The sale of surplus Irby Park property does not comply with the
General Plan Policy to develop and maintain high standards of
visual beauty within all areas of the City.
3. The site is not suitable for development of single family
residences because of its soft soil conditions.
4. The site does not need to be developed as single family
residential at this time because there is adequate housing
opportunities in the vicinity and open space is more important
to the area to maintain a balanced residential environment.
B. ORAL COMMUNICATIONS
Allison Childers, 16622 Fountain Lane, spoke in regards to Item
A-2 on the Consent Calendar (General Plan Conformance No.
89-4). She stated she represented several homeowners in her
neighborhood who have concern with the sale of the property
known as Irby Park, located in her neighborhood. She said
numerous plans for the acreage have included a freeway route,
Little League field, and 70-unit condominium project. She said
the acreage is a known peat bog and has caused problems to
properties in the surrounding area (cracked patios, crumbling
block walls, etc.). She requested that staff keep her and
other property owners in the area apprised of any development
or plans which would include the acreage.
C. PUBLIC HEARING ITEMS
C-1 ZONE CHANGE NO. 88-07/CONDITIONAL USE PERMIT NO. 88-16/
TENTATIVE TRACT NO. 13269 (CONTINUED FROM THE JANUARY 18, 1989
PLANNING COMMISSION MEETING)
APPLICANT: THE DAHL COMPANY
Zone Change No. 88-07 is a request to rezone a 4.55 gross acre site
from RA-O-CD (Residential Agriculture District, Combined with Oil
Production, Civic District) to (Q)R1(3)-0-8,000-CD (Qualified Low
Density Residential District-3 units per acre -Combined with Oil
Production -Minimum 8,000 Square Foot Lot Size -Civic District) which
is consistent with the existing General Plan land use designation of
Estate Residential-3 Units Per Acre.
1
PC Minutes - 3/21/89 -2- (2319d)
I
1
Conditional Use Permit No. 88-16 and Tentative Tract No. 13269 is a
request to permit a 12 lot subdivision for the construction of 12
Estate Residential single family dwellings.
At the September 20, 1988 Planning Commission meeting, staff
recommended that a comprehensive environmental impact report and
specific plan be,prepared and adopted for the Ellis/Goldenwest
quarter -section prior to acting on any subdivision request. At that
meeting, the Planning Commission directed staff to prepare a
specific plan and directed the applicant to prepare an environmental
impact report.
Staff prepared a revised Draft Ellis-Goldenwest Specific Plan and
supervised the preparation of a comprehensive environmental impact
report for the entire 160 acre quartersection. Staff presented the
Revised Draft Specific Plan at the March 7, 1989 Planning Commission
Study Session and the Planning Commission voted 7 to 0 to set the
Draft Specific Plan for public hearing on March 21, 1989.
The applicant has agreed to continue these items to the April 4,
1989 Planning Commission meeting in order to focus the discussion on
March 21, 1989, to the proposed Ellis-Goldenwest Specific Plan.
Staff is processing the project through Subdivision Committee and
will be prepared to make a recommendation on this project on April
4, 1989.
STAFF RECOMMENDATION:
Continue Zone Change No. 88-07, Conditional Use Permit No. 88-16 and
Tentative Tract No. 13269 to the April 4, 1989 Planning Commission
meeting.
A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO CONTINUE ZONE
CHANGE NO. 88-07, CONDITIONAL USE PERMIT NO. 88-16 AND TENTATIVE
TRACT NO. 13269 TO THE APRIL 4, 1989 PLANNING COMMISSION MEETING, BY
THE FOLLOWING VOTE:
AYES: Slates, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Kirkland, Williams (Out of Room)
ABSTAIN: None
MOTION PASSED
PC Minutes - 3/21/89
-3-
(2319d)
C-2 ZONE CHANGE NO. 87-2/CONDITIONAL USE PERMIT NO. 87-54 WITH
SPECIAL PERMIT/CONDITIONAL EXCEPTION (VARIANCE) NO. 87-97
(CONTINUED FROM FEBRUARY 22, 1989 PLANNING COMMISSION MEETING)
APPLICANT: PROPERTY VENTURES
This item was continued from the Planning Commission meeting of
February 22, 1989, to a Study Session on March 7, 1989, and public
hearing on March 21, 1989. The Planning Commission raised several
issues for further study and clarification. They include: economic
considerations, ingress to the parking structure, floor -to -ceiling
height in parking structure, future needs assessment from OCTD,
parking ratios for office uses, landscaping, Gothard-Hoover
Connection, condition of approval regarding installation of sewer
main in Heil Avenue, provision of an on -site deli/cafeteria, and
impacts on Goldenwest College parking lot.
STAFF RECOMMENDATION:
A. Approve Zone Change No. 87-2 with findings and forward to City
Council for adoption; and
B. Approve Conditional Use Permit No. 87-54 with Special Permit
and Conditional Exception (Variance) No. 87-96 with findings
and conditions of approval.
THE PUBLIC HEARING WAS OPENED
Richard Johns,.representing the applicant, spoke in support of the
project. He said Goldenwest College did not have any problems with
the proposal and that is why they had not responded. He introduced
the traffic engineer on the project.
H. Victor Sucher, Jr., Seawind Village, addressed his concerns
regarding the traffic study completed on the project. He said the
study did not address local impacts on Huntington Village Lane nor
the circulation.
Larry Greer, Traffic Engineer, presented data resulting from the
study. He said the intersection at Huntington Village Lane and
Center Drive was part of the study as well as the exploration of
additional exits to Center Drive and access for freeway destined
travelers.
Sally Gipple, 15555 Huntington Village Lane, said she feels traffic
circulation studies should be completed to obtain solutions to an
already existing problem.
Mel Hoefflinger, 15555 Huntington Village Lane, said there is
currently a traffic problem in the area with heavy impact to
Huntington Village Lane. He feels a traffic signal is needed at
McFadden and Huntington Village Lane. He does not feel that the
traffic study addressed all of the problems.
There were no other persons present to speak for or against the
project and the public hearing was closed.
PC Minutes - 3/21/89 -4- (2319d)
�J
I -
Fil
The Planning Commission discussed concerns related to intensity of
the use, traffic impacts, compatibility with surrounding land uses,
and accessibility of the parking structure. It was agreed that a
transportation center itself should help to mitigate existing and
future traffic demand along arterials in the vicinity by providing a
centrally located mass transit center, however with the addition of
the proposed multi -story office building to the plans it created
potential traffic problems for the project. The Commission did not
feel a multi -story office building on the site was prohibitive,
however, felt the Hoover-Gothard extension should be completed
before assessing the traffic situation in the area.
A MOTION WAS MADE BY SLATES, SECOND BY WILLIAMS, TO DENY ZONE CHANGE
NO. 87-2, CONDITIONAL USE PERMIT NO. 87-54 WITH SPECIAL PERMIT AND
CONDITIONAL EXCEPTION (VARIANCE) NO. 87-97, BY THE FOLLOWING VOTE:
AYES: Slates, Williams,
NOES: Mountford
ABSENT: Kirkland
ABSTAIN: None
MOTION PASSED
Bourguignon, Ortega, Leipzig
A MOTION WAS MADE BY SLATES, SECOND BY WILLIAMS, TO INCLUDE ADDED
FINDINGS FOR DENIAL TO THE MOTION TO DENY ZONE CHANGE NO. 87-2,
CONDITIONAL USE PERMIT NO. 87-54 WITH SPECIAL PERMIT AND CONDITIONAL
EXCEPTION (VARIANCE) NO. 87-97, BY THE FOLLOWING VOTE:
AYES:
Slates, Williams,
NOES:
Mountford
ABSENT:
Kirkland
ABSTAIN:
None
Bourguignon, Ortega, Leipzig
FINDINGS FOR DENIAL --ZONE CHANGE NO 87-2:
1. The proposed zone change from CF-E(R1), Community Facilities -
Education with base zone of Low Density Residential, to C4-MS,
Highway Commercial -Multi -Story, is not consistent with the
General Plan Land Use designation of Mixed Use Development.
2. The proposed zone change from CF-E(Rl), Community Facilities -
Education with base zone of Low Density Residential, to C4-MS,
Highway Commercial -Multi -Story, is not compatible with
Goldenwest College and residential development to the east.
3. The granting of Zone Change No. 87-2 to allow for multi -story
structures on the subject property prior to completion of the
Hoover-Gothard Extension precludes an assessment of potential
circulation and traffic impacts to surrounding properties.
PC Minutes - 3/21/89 -5- (2319d)
FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT, NO, 87-54:
1. The granting of Conditional Use Permit No. 87-54 for an office
building and parking structure prior to completion of the
Hoover-Gothard Extension prevents proper assessment of
potential impacts to the surrounding developments.
2. The location, site layout, and design of the proposed office
building and parking structure do not properly adapt the
proposed structures to streets, driveways, and other adjacent
structures and uses in a harmonious manner.
3. The proposed use may not compatible with surrounding
developments, including'Old World, One Pacific Plaza and
Goldenwest College.
4. The single access to the parking structure for the proposed
office may create an undue traffic problem due to the
uncertainty of when the Hoover-Gothard Extension will occur
and what actual future traffic conditions will be on Gothard
when realigned.
5. The granting of Conditional Use Permit No. 87-54 for an office
building and parking structure will adversely affect the
General Plan of the City of Huntington Beach.
FINDINGS FOR DENIAL - SPECIAL PERMIT:
1. The requested special permit to allow a single access point to
a 580 space parking structure does not promote an effective
circulation pattern and parking layout and may be negatively
impacted following the Gothard Street realignment and Hoover
Street extension.
2. The requested special permit will be detrimental to the
general health, welfare, safety and convenience, and
detrimental or injurious to the value of property or
improvements of the neighborhood or of the City in general,
and may adversely affect circulation on the site or adjacent
streets.
FINDINGS FOR DENIAL _-CONDITIONAL EXCEPTION (VARIANCE) NO. 87-
1. There are no exceptional or extraordinary circumstances or
conditions applicable to the land, buildings or premises
involved that do not apply generally to other property or uses
in the district.
2. The granting of a conditional exception for reduced setbacks
is not necessary in order to preserve the enjoyment of one or
more substantial property rights.
3. The granting of Conditional Exception (Variance) No. 87-96 for
reduced setbacks will be materially detrimental to the public
health, safety and welfare, or injurious to the conforming
property or improvements in the area.
PC Minutes - 3/21/89 -6- (2319d)
C-3 CONDITIONAL USE PERMIT NO. 88-57/CONDITIONAL EXCEPTION
(VARIANCE) NO. 89-1/COASTAL DEVELOPMENT PERMIT NO,
89-2/SPECIAL SIGN PERMIT NO. 88-8 (CONTINUED FROM THE FEBRUARY
22, 1989 PLANNING COMMISSION MEETING)
APPLICANT: RICHARD B. ARMSTRONG
Conditional Use Permit No. 88-57, Conditional Exception (Variance)
No. 89-1 and Coastal Development Permit No. 89-2 are requested to
expand the existing 1,627 square foot Taco Bell Restaurant by adding
a 150 square foot drive-thru window and expanding the parking area
onto an adjacent 50 foot wide lot with a variance request for
reduced parking and landscaping requirements. The restaurant is
nonconforming because of the structures' reduced setback along Ninth
Street; thus any expansion requires approval by the Planning
Commission.
Special Sign Permit No. 88-8 is a request to modify the existing
nonconforming 15 foot high pole sign by replacing the existing sign
with a 33 square foot rectangular sign. The variance is requested
because the modified sign exceeds the height and size requirements
of the Downtown Design Guidelines (maximum height is 6 feet and
maximum area is 15 square feet).
The application was continued from the February 22, 1989 Planning
Commission meeting in an effort to allow sufficient time for staff
and the applicant to resolve the Planning Commission's concerns
regarding the closure of the Pacific Coast Highway drive approach,
the drive-thru speaker system, trash and the use of the alley. In
addition, the applicant presented a new plan (Attachment No. 1) at
the meeting which had not been analyzed by staff and the Planning
Commission.
STAFF RECOMMENDATION:
A. Approve Conditional Use Permit No. 88-57 and Coastal*
Development Permit No. 89-2 for Alternative B, as modified by
staff with findings and conditions of approval, and deny
Conditional Exception (Variance) No. 89-1 with findings.
B. Approve Special Sign Permit No. 88-8, as modified by staff,
with findings and conditions of approval.
THE PUBLIC HEARING WAS OPENED
Ruth Bailey, representing the applicant, spoke in support of the
request. She said the site will be improved with the drive-thru
proposal with landscaping upgraded and signage upgraded. She said
the applicant is willing to install a hand-held order phone to
mitigate noise. She requested approval to allow the pole sign until
Pacific Coast Highway is widened or the bus stop removed.
Dick Armstrong, applicant, addressed some of the concerns
expressed. He stated the billboard will come down immediately, the
menu board has been relocated to cut down on noise, the access on
PC Minutes - 3/21/89 -7- (2319d)
Pacific Coast Highway will be closed. He was concerned with the
condition regarding screening of rooftop mechanical equipment. He
also said that he would like extended hours during the summertime,
perhaps.to add breakfast items to their menu.
Mike Thompson, 147 Via Ardine, owner of property adjacent to site,
addressed his concerns with the project. He stated his objection to
using the alley for access to the site. He said the alleys were not
designed for a high -volume commercial operation because of their
width. Besides the alley containing two telephone poles, he said
when trash trucks are in the alley they prohibit any access at all;
the conditions are very dangerous. He is also concerned with the
noise emanating from the site. He said even though the order menu
has been moved and the applicant agrees to hand-held order phones
there will still be noise from the cars, car radios, etc. He also
stated concern with the pollution that would be created from the
automobiles with a drive-thru situation.
Scott Kimball, 3226 Anne,_Circle, addressed his concerns with the,
proposed project. He feels the site is too small to allow a
drive-thru operation. He said what is developed on this site now
will be there for 25 years and urged the Commission to deny.
Russ Paxson, 115 Ninth Street, said the trash problems have been
cleaned up since the last meeting, however he is concerned that it
will continue. He expressed concerns regarding the 2:00 AM closing,
the noise generated from Taco Bell, and the use of the alley for
access. He suggested speed bumps be installed in the alleys.
Phil Gilbert, representing the owner, said he feels the project will
be beneficial to the site with landscaping improvements and signage
improvements. He further stated that alleys are abused no matter
what they allow.
There were no other persons present to speak for or against the
project and the public hearing was closed.
The Commission felt that Taco Bell was making an effort to be a
"good neighbor". It was suggested that "speed bumps" be considered
in the alley. A condition requiring an annual review was also
suggested.
A MOTION WAS MADE BY LEIPZIG, SECOND BY MOUNTFORD, TO APPROVE
CONDITIONAL USE PERMIT NO. 88-57 (ALTERNATIVE B) AND COASTAL
DEVELOPMENT, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL; AND
DENY SPECIAL SIGN PERMIT NO. 88-8 AND CONDITIONAL EXCEPTION
(VARIANCE) NO. 89-1 WITH FINDINGS, BY THE FOLLOWING VOTE:
AYES:
Slates, Bourguignon,
NOES:
Williams
ABSENT:
Kirkland
ABSTAIN:
None
MOTION PASSED
Ortega, Mountford, Leipzig
PC Minutes - 3/21/89 -8- (2319d)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 88-57:
1. The proposed Taco Bell expansion will be compatible with
adjacent properties and uses because as modified by staff's
proposal will provide adequate parking, landscaping and reduce
circulation conflicts on -site.
2. The establishment, maintenance and operation of the Taco Bell
Restaurant expansion will not be detrimental to the general
welfare of persons working or residing in the vicinity and not
detrimental to the value of the property and improvements in
the neighborhood.
3. On -site parking and circulation as modified by staff's proposal
for the Taco Bell expansion is adequate and does not have the
potential of creating a congestion or circulation hazard.
4. Ingress and egress to the Taco Bell site as modified by staff's
proposal does not have the potential of creating additional
traffic impacts to the intersection along Pacific Coast Highway
and Ninth Street.
5. The granting of Conditional Use Permit No. 88-57 for the
expansion of the Taco Bell Restaurant will not adversely affect
the General Plan of the City of Huntington Beach.
6. The location, site layout, and design of the proposed Taco Bell
expansion as modified by staff's proposal properly adapts the
proposed structure to the streets, driveways and other adjacent
structures and uses in a harmonious manner.
7. The combination and relationship of the existing Taco Bell
Restaurant with the addition of the drive-thru window and lane
as modified by staff's proposal on -site is properly integrated.
8. The access to and parking for the proposed Taco Bell expansion
as modified by staff's proposal does not create undue traffic
because it provides adequate parking, on -site circulation and
landscaping.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 89 2:
1. The proposal as recommended by staff is consistent with the
goals and objectives of the City's General Plan, Coastal
Element and Scenic Highways Elements.
2. The proposal as recommended by staff is consistent with the
Huntington Beach Coastal Element and with Chapter 3 of the
California Coastal Act by providing a drive-thru restaurant
facility for beach and public recreation accessibility.
PC Minutes - 3/21/89 -9- (2319d)
3. The Taco Bell expansion as modified by staff's proposal and as
proposed by Coastal Development Permit No. 89-2 conforms with
the plans, policies, requirements and standards of the
Huntington Beach Coastal Element.
4. Coastal Development Permit No. 89-2 as modified by staff is
consistent with the zoning designation of the Downtown Specific
Plan -District One.
5. Coastal Development Permit No. 89-2 at the time of completion
will provide infrastructure in a manner that is consistent with
C-LUP by providing a drive-thru window to an exiting restaurant.
FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 89-1:
1. There are no exceptional or extraordinary circumstances or
conditions applicable to the land, buildings or premises
involved that do not apply generally to other property or uses
in the district.
2. The granting of a conditional exception for reduced landscaping
requirement is not necessary in order to preserve the enjoyment
of one or more substantial property rights.
3. The granting of Conditional Exception (Variance) No. 89-1 for
reduced landscaping requirement will be materially detrimental
to the public health, safety and welfare, or injurious to the
conforming (land, property, or improvements) in the
neighborhood.
4. The conditional exception (variance) for reduced landscaping
requirement is not consistent with the goals and objectives of
the City's General Plan and Land Use Map designation of
Visitor -Serving Commercial.
5. The granting of this conditional exception from Section 9608(c)
of the Huntington Beach Ordinance Code will defeat the general
purposes or intent of the code which is to provide landscaping
along public right-of-ways.
FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO, 88-8:
1. Strict compliance with Article 961 and the Downtown Design
Guidelines will not result in a substantial economic hardship
to the applicant.
2. The proposed freestanding pole sign will adversely affect other
signs in the area.
3. The proposed freestanding pole sign will be detrimental to
property located in the vicinity of such sign; and will not be
compatible with the surrounding area.
PC Minutes - 3/21/89 -10- (2319d)
4. The proposed freestanding pole sign located at the intersection
of Ninth Street and Pacific Coast Highway will obstruct
pedestrian or vehicular traffic vision.
5. The granting of Conditional Exception (Variance) No. 89-1 for
reduced landscaping requirements will adversely affect the
General Plan of the City of Huntington Beach.
CONDITIONS OF APPROVAL:
1. The site plan, Alternative "B" as modified by Planning
Commission providing ingress alley access only, shall be the
conceptually approved layout (see attached map).
2. Prior to submittal for building permits, the applicant/owner
shall complete the following:
a. Elevations shall depict colors and building materials
proposed.
b. If outdoor lighting is included, high-pressure sodium vapor
lamps or similar energy savings lamps shall be used. All
outside lighting shall be directed to prevent "spillage"
onto adjacent properties and shall be noted on the site
plan and elevations.
c. A detailed soils analysis shall be prepared by a registered
Soils Engineer. This analysis shall include on -site soil
sampling and laboratory testing of materials to provide
detailed recommendations regarding grading, chemical and
fill properties, foundations, retaining walls, streets, and
utilities.
d. The Design Review Board shall review and approve the
following:
(a) Proposed structures shall be architecturally
compatible with existing structures.
(b) Revised site plan and elevations as modified pursuant
to Condition No. 1.
(c) All signage as proposed.
(d) Landscaping plan.
e. The site plan shall include (or reference page) all
conditions of approval imposed on the project printed
verbatim.
PC Minutes - 3/21/89 -11- (2319d)
3. Prior to issuance of building permits, the applicant/owner
shall complete the following:
a. Submit copy of the revised site plan, floor plans and
elevations pursuant to Condition No. 1 for review and
approval and inclusion in the entitlement file.
b. A Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and
must be approved. The Landscape Construction Set shall
include a landscape plan prepared and signed by a State
Licensed Landscape Architect and which includes all
proposed/existing plant materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of
approval. The landscape plans shall be in conformance with
Section 9608 of the Huntington Beach Ordinance Code. The
set must be approved by both departments prior to issuance
of building permits.
c. All applicable Public Works fees shall be paid.
d. An irrevocable reciprocal driveway and parking easement
between the subject site and adjacent parcel shall be
submitted. A copy of the legal instrument shall be
approved by the Community Development Department and the
City Attorney as to form and content and, when approved,
shall be recorded in the Office of the County Recorder. A
copy shall be filed with the Department of Community
Development. Said instrument shall be valid for the life
of the restaurant use with the drive-thru lane.
e. Provide written evidence that the applicant has negotiated
a date of removal of the existing billboard.
£. The applicant shall submit an alternative speaker system
for approval by staff.
g. All rooftop mechanical equipment on existing and new parts
of the building shall be screened from three-story views to
the satisfaction of the Community Development Director.
Said screening shall be architecturally compatible with the,
building in terms of materials and colors. If screening is
not designed specifically into the building, a separate
rooftop mechanical equipment plan must be submitted showing
.screening and must be approved.
4. The Public Works Department requirements are as follows:
a. Close the existing drive approaches along Pacific Coast
Highway to Public -Works standards.
PC Minutes - 3/21/89 -12- (2319d)
b. Submit a revised plan to be reviewed by the Public Works
Department to include the following:
(1) A 2 foot-6 inch alley dedication is required as
determined by the Public Works Department.
(2) Sidewalk improvements are required along Pacific Coast
Highway.
(3) A 27 foot minimum radius type driveway is required at
the Ninth Street drive entrance.
(4) Improve the alley (to the center line of the alley)
adjacent to the subject property as deemed necessary
by Public Works Department.
(5) A grading plan shall be reviewed and approved by the
Public Works Department.
5. Fire Department Requirements are as follows:
a. The applicant shall meet all applicable local, State and
Federal Fire Codes, Ordinances, and standards.
b. Block wall along south property line (hotel) must be 6 foot
above grade of oil pad and oil tanks.
c. Screen wall must be 6 feet above grade for oil well
adjacent to the parking area.
d. Block wall separating trash bin and the'oil tank must be
minimum 6 feet high.
6. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
7. Alf 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.
8. Construction shall be limited to Monday - Saturday 7:00 AM to
8:00 PM. Construction shall be prohibited Sundays and Federal
holidays.
9. The hours of operation shall be limited to between:
10:00 AM to 10:00 PM
(10:00 AM to 12:00 Midnight
from May to September)
10:00 AM to 12 Midnight
(10:00 AM to 1:00 AM from
May to September)
Sunday thru Thursday
Friday and Saturday
PC Minutes - 3/21/89
-13-
(2319d)
10. The proposed menu ordering system shall be non -audible after
8:00 PM.
11. Prior to final building permit approval for the drive-thru
addition, the following shall be completed:
a. The major identification sign shall be removed and replaced
with a maximum 7 foot high monument sign with maximum 33
square feet,of sign area.
b. All improvements (including landscaping) to the property
shall be completed in accordance with the approved plans
and conditions of approval specified herein.
c. The billboard shall be removed.
d. 'Compliance with all conditions of approval specified herein
shall be accomplished.
12. 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.
13. This conditional use permit shall not become effective for any
purpose until an "Acceptance of Conditions" form has been
properly executed by the applicant and an authorized
representative of the owner of the property,, and returned to
the Planning Division; and until the ten day appeal period has
elapsed.
14. A review of'the use shall be conducted within one (1) year to
verify compliance with all conditions of approval and
applicable Articles of the Huntington Beach Ordinance'Code.
15; This conditional use permit shall become null and void unless
exercised within one (1) year of the date of final approval, or
such extension of time as may be granted by the Planning
Commission pursuant to a written request submitted to the
Planning Department a minimum 30 days prior to the expiration
date.
C-4A DRAFT ENVIRONMENTAL IMPACT REPORT NO, 88-2 FOR THE PROPOSED
ELLIS-GOLDENWEST SPECIFIC PLAN ZONE CHANGE NO, 89-1
APPLICANTS: CITY OF HUNTINGTON BEACH/DAHL CO./WESCO
In July, 1988, in response to several tentative tract applications
received for the Ellis-Goldenwest quartersection, Planning staff
determined that an Environmental Impact Report would be required
prior to approval of any future tracts. On September 20, 1988,
Planning Commission confirmed this decision by continuing the Dahl
Company's Tentative Tract Map Application No. 13629 (for a five acre
tract within the quartersection) until completion of the Draft
Ellis-Goldenwest Specific Plan and the accompanying Environmental
Impact Report.
PC Minutes - 3/21/89 -14- (2319d)
DEIR No. 88-2, once certified, is intended to be utilized for the
aforementioned Ellis-Goldenwest Specific Plan zone change.
STAFF RECOMMENDATION:
Adopt and certify as adequate Draft Environmental Impact Report No.
88-2 (DEIR No. 88-2) by adopting attached Planning Commission
Resolution No. 1414 with Statement of Overriding Considerations and
forward DEIR No. 88-2 to the City Council for their adoption and
certification.
THE PUBLIC HEARING WAS OPENED
Francine Holthau, 6862 Hitching Post, said she was in favor of low
residential density because of the earthquake faults on the
property.
Bill Holman, Huntington Beach Company, 2120 Main Street, stated that
he felt the environmental impact report is more than adequate and
addresses all items in the Specific Plan.
David Dahl, Dahl Co., said he felt the environmental impact report
was adequate. He feels, however, that a few of the mitigation
measures are site specific and should only be required if present on
the property or deemed necessary by the Director of Community
Development.
Eliza Dixon, representing Wesco, said she felt the environmental
impact report was adequate.
There were no other persons present to speak for or against the
environmental impact report and the public hearing was closed.
Mitigation measures and site specific mitigations were discussed.
Staff was requested to change all of the shalls to may in the report
and amendments were made.
A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, TO ADOPT AND CERTIFY
AS ADEQUATE DRAFT ENVIRONMENTAL IMPACT REPORT NO. 88-2 BY ADOPTING
RESOLUTION NO. 1414 WITH STATEMENT OF OVERRIDING CONSIDERATIONS, BY
THE FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Leipzig
NOES: None
ABSENT: Kirkland, Mountford (Out of Room)
ABSTAIN: None
FINDINGS FOR CERTIFICATION - DEIR 88-2:
1. DEIR 88-2 has been completed in compliance with the California
Environmental Quality Act as amended June 1986, and all State
and local guidelines therefore.
PC Minutes - 3/21/89 -15- (2319d)
2. DEIR 88-2 adequately addresses the potential environmental
impacts that may be associated with the Ellis-Goldenwest
Specific Plan zone change and is found to be certifiable.
3. EIR No. 88-2 was presented to the Planning Commission and the
Planning Commission reviewed and considered the information
contained in the final EIR prior to approving the project.
4. Findings and Facts in Support of Findings have been made for
all significant effects identified in DEIR No. 88-2.
5. A statement of Overriding Considerations is being made as the
economic and social benefits of the proposed Ellis-Goldenwest
Specific Plan zone change outweigh the zone change's
unavoidable adverse impacts.
C-4b ZONE CHANGE NO 89-1/CODE AMENDMENT NO. 89-1 (IN CONJUNCTION
WITH ENVIRONMENTAL IMPACT REPORT NO 88-2)
Zone Change No. 89-1 is a request to rezone the 160 acre
quartersection bounded by Ellis Avenue, Edwards Street, Garfield
Avenue and Goldenwest Street from a mix of zoning (RA -Residential
Agriculture/LU-Limited Use/M1-Light Industrial/Q-R1-Qualified Low
Density Residential) to Ellis-Goldenwest Specific Plan. Code
Amendment No. 89-1 is a request to amend the Huntington Beach
Ordinance Code to add the Ellis-Goldenwest Specific Plan to Article
930.
ENVIRONMENTAL STATUS:
Environmental Impact Report No. 88-2 was prepared to assess the
environmental impacts relative to Zone Change No. 89-1 and Code
Amendment No. 89-1. Environmental Impact Report No. 88-2 represents
a detailed analysis of the project, project -related impacts,
alternatives and measures intended to adverse environmental impacts.
SPECIFIC PLAN:
If adopted by the City Council, the Ellis-Goldenwest Specific Plan
will be the zoning document which will contain development
guidelines and standards for the entire 160 acre quartersection.
STAFF RECOMMENDATION:
Approve Zone Change No. 89-1 and Code Amendment No. 89-1 with
findings and forward to the City Council for adoption.
THE PUBLIC HEARING WAS OPENED
Don Jankowiak, 6711 Shetland Circle, addressed his concerns. They
included the short-term displacement of horses, size of the trails
(he feels they are too narrow), buffer areas (he would like to see 8
feet instead of 5 feet). He also said he would like to see $2,000
per home put into a bond for an eventual equestrian facility.
PC Minutes - 3/21/89 -16- (2319d)
Mike Davis, 6711 Shire Circle, spoke in support of the Specific
Plan. He said values have gone up in the area however there are
traffic problems.
Elmer Olson, 110 E. Electric Avenue, requested his land be zoned the
same as the proposed.
Mary Bell, 20292 Eastwood Circle, spoke in support of the zoning.
She had no problems with the trail and feels it reinforces the
equestrian theme of the area. She feels the Specific Plan will be
an asset.
John Bolvin, 6671 Shire Circle, said the topography of the area has
been altered, the density is increasing, and wants the quality of
life protected. He would like to see the specific plan adopted
before any development is permitted. He requested that both
Quarterhorse Lane and Saddleback Lanes be left as is and not made
through streets, he said if they are, safety will be jeopardized.
Francene Holthaus, 6862 Hitchingpost, said there is already too much
traffic on her streets. She feels Saddleback is going to be used as
a short cut. She is concerned with the safety of the children in
the area and stated the City will be held liable if there is an
accident.
John Fisher,, 6692 Shetland Circle, said circulation is his main
concern. He asked what the procedure was for closing a street
(namely: Trotter Drive).
Carrie Thomas, 6642 Trotter Drive, said she feels a quasi -public
park is necessary in the area to provide a place for the kids to
play safely. She would like to see developer fees go towards a
park. She would also like to see a rest -stop along the equestrian
trails.
Bill Holman, 2120 Main Street, expressed concerns with minor wording
in the specific plan. He said 156 mitigation measures are hard to
comprehend in a short time, however supports approval of the plan.
Larry Geisse, stated the homeowners do not want the streets to go
through and they don't want any gates. Urged the Commission to
listen to the people. He also expressed concern with the
circulation.
Diana Boom, 6712 Shire Circle, suggested a knock -down gate be
.installed at the end of the streets. She would like to see a
designated area for a future park. She also requested notification
of the next meeting and said it would be helpful if reports were
available prior to the meeting.
Darryl Boom, 6712 Shire Circle, expressed concern with the traffic
in the area. He said two girls have already been killed on the
arterials riding bikes. He also stated he would like to see a
community park.
PC Minutes - 3/21/89 -17- (2319d)
Gerald Chapman, 6742 Shire Circle, spoke in opposition to his home
being circled (3 sides) by equestrian trails and taking 7,600 square
feet of his property.
Eliza Dixon, Wesco, stated she would like to see the aggregate side -
yard setback reduced to 15 feet rather than 20 feet. She feels
wider homes are more aesthetically pleasing.
David Dahl, Dahl Co.,' also expressed concern with minor wording in
the specific plan however urged Commission to approve.
There were no other persons present to speak for or against the
request and the public hearing was closed.
It was suggested that a special meeting be set for further
discussion on the specific plan; however most felt that the concerns
should be discussed at tonight's meeting. Most of the Commission
felt that the specific plan, except for minor language, was complete.
To provide for a future quasi -public park it was suggested that a
special account for in-lieu/park fees or land dedication for a
future park should be set up.
As a response to the public testimony, the,following straw votes
were taken by the Commission:
STRAW VOTE MOTION MADE BY SLATES, SECOND BY BOURGUIGNON, TO REDUCE
SIDEYARD SETBACKS, BY THE FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon
NOES: Ortega, Mountford, Leipzig
STRAW VOTE MOTION FAILED
STRAW VOTE MOTION MADE BY BOURGUIGNON, SECOND BY SLATES, TO NOT
SURROUND ONE LOT ON THREE SIDES WITH EQUESTRIAN TRAILS (CHAPMAN'S
PROPERTY), BY THE FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
TRAW VOTE MOTION PASSED
A STRAW VOTE MOTION WAS MADE BY MOUNTFORD, SECOND BY ORTEGA, TO
INSTALL KNOCK -DOWN BARRIERS AT ENDS OF STREETS (QUARTERHORSE AND
SADDLEBACK) AND TO ALLOW EMERGENCY ACCESS ONLY, BY THE FOLLOWING
VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
STRAW VOTE MOTION PASSED
PC Minutes - 3/21/89 -18- (2319d)
1
A MOTION WAS MADE BY SLATES, SECOND BY WILLIAMS, TO CONTINUE ZONE
CHANGE NO. 89-1 AND CODE AMENDMENT NO. 89-1 TO A SPECIAL MEETING
MARCH 27, 1989, WITH A STUDY SESSION, BY THE FOLLOWING VOTE:
AYES: Slates, Williams
NOES: Bourguignon, Ortega, Mountford, Leipzig
ABSENT: Kirkland
ABSTAIN: None
A MOTION WAS MADE BY SLATES, SECOND BY WILLIAMS, TO APPROVE ZONE
CHANGE NO. 89-1 AND CODE AMENDMENT NO. 89-1 WITH FINDINGS, AS
AMENDED, AND FORWARDED TO THE CITY COUNCIL FOR ADOPTION, BY THE
FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Kirkland
ABSTAIN: None
• •�
A MOTION WAS MADE BY ORTEGA, SECOND BY MOUNTFORD, FOR MINUTE ACTION
TO SET UP A SPECIAL ACCOUNT FOR IN-LIEU/PARK FEES OR LAND DEDICATION
FOR A FUTURE QUASI -PUBLIC PARK WITHIN THE QUARTERSECTION, AND
RECOMMEND TO THE CITY COUNCIL, BY THE FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Kirkland
ABSTAIN: None
[�11-61#0111 0VX11f ZM$,I
FINDINGS FOR APPROVAL - ZONE CHANGE NO 89-1:
1. The proposed zone change for the 160 acre quartersection from a
mixture of RA, Residential -Agricultural (108 acres), Q-R1,
Qualified Low Density Residential (30 acres), Ml, Light
Industrial (2 acres), and LU, Limited Use (20 acres) to
Ellis-Goldenwest Specific Plan will be compatible with
surrounding residential and industrial land uses based on the
general provisions of the document which addresses permitted
uses, circulation and community theme.
2. The proposed zone change is consistent with the goals and
policies of the General Plan. The Specific Plan allows
residential uses, equestrian uses, maintains open space
corridors and allows for oil operations.,
PC Minutes - 3/21/89
-19-
(2319d)
a. Section 3.4.2.5, Housing, of the General Plan states that a
variety of housing types shall be provided. The proposed
Specific Plan allows for Estate Residential with equestrian
amenities which creates a new type of residential housing
within the City.
b. Section 3.4.2.3, Natural Resources, of the General Plan
states that the City shall provide for the proper
development, preservation and use of the City's natural
resources for maintaining natural topography and developing
greenbelts and preserving natural areas of vegetation where
possible. The Specific Plan preserves significant
topographical features and minimizes alteration of the
natural -.terrain and preserves open space corridors in the
swale areas to accommodate recreational trails, master plan
sewer facilities and drainage from up to 100 year storm.
C. Section 3.4.2.2, Parks, Recreation and Open Space, of the
General Plan discusses capitalizing outdoor environmental
potential of the City by developing a system of trails and
maximizing the preservation of historic, scenic,
geological, topographical and archaeological sites. In
addition to maintaining and preserving the significant
topographical features of the area, the Specific Plan
provides for equestrian uses.
3. The proposed zone change carries out the General Plan Land Use
Designation of Estate Residential for the Ellis-Goldenwest area
by adding housing variety, increasing spaciousness, and
enhancing the open space character of the area.
FINDINGS FOR APPROVAL - CODE AMENDMENT NO 89-1:
1. The proposed code amendment is consistent with the intent of
Section 65450 of the Planning. Zoning and Development Laws
which establishes State provisions for Specific Plans.
2. Code Amendment No. 89-1 is consistent with the goals and
policies of the Huntington Beach General Plan.
C-5 CONDITIONAL USE PERMIT NO. 89-10/CONDITIONAL EXCEPTION
(VARIANCE) NO. 89-8
APPLICANT: WEST COUNTY FAMILY YMCA
Conditional Use Permit No. 89-10 is a request to expand the existing
nonconforming 2,400 square foot YMCA facility located at 7262
Garfield Avenue by adding 2,600 square feet of temporary modular
offices pursuant to Article 965 (Nonconforming Provision) Section
9652(b) of the Huntington Beach Ordinance Code.
PC Minutes - 3/21/89 -20- (2319d)
Conditional Exception (Variance) No. 89-8 has been initiated because
the proposal does not comply with the Huntington Beach Ordinance
Code, Article 965 (Nonconforming Provisions) in the following area:
1. Section 9652(b)(3) specifies that regardless of any and/or all
alterations, enlargements, or additions, the floor area shall
i not exceed more than ten percent (10%) of the floor area the
structure contained at the time it was classified as
nonconforming. The applicant is requesting to add 2,600 square
feet of modular office area. An increase of approximately
98 percent beyond that allowed pursuant to code.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt pursuant to Class 1,
Section 15301 of the California Environmental Quality Act.
STAFF RECOMMENDATION:
Approve Conditional Use Permit No. 89-10 and Conditional Exception
(Variance) No. 89-8 with findings and conditions of approval.
THE PUBLIC HEARING WAS OPENED
Janice Patrick, representing the applicant, spoke in support of the
request. She requested deletion of Condition 3.a, 3.b and 3.c. She
said, since they will be leasing on a month -to -month basis, they
cannot incur the expense.
Jim Schenold, Chairman of the Board, spoke in support of 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 MOUNTFORD, SECOND BY SLATES, TO APPROVE
CONDITIONAL USE PERMIT NO. 89-10 AND CONDITIONAL EXCEPTION
(VARIANCE) NO. 89-8 WITH FINDINGS AND AMENDED CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Kirkland
ABSTAIN: None
MOTION PASSED
1. The proposed nonconforming expansion of the existing YMCA
facility, with conditions of approval will be compatible with
the adjacent properties and uses by providing an architectural
compatible building which meets the development standards of
the Residential -Agriculture zone.
PC Minutes - 3/21/89 -21- (2319d)
2. The establishment,
facility expansion
not be detrimental
or residing in the
of the property an
d
maintenance and operation of the YMCA
as a temporary administrative building will
to the general welfare of persons working
vicinity and not detrimental to the value
improvemens in the neighborhood.
3: On -site parking and circulation is adequate and does not have
the potential of creating a congestion or circulation hazard.
4. The granting of Conditional Use Permit No. 89-10 for the
expansion of the nonconforming YMCA facility as a temporary
use will not adversely affect the General Plan of the City of
Huntington Beach.,
5. The location, site layout, and design of the proposed YMCA
expansion subject to the conditions imposed adapts the
proposed structure to the streets, driveways and other
adjacent structures and uses in a harmonious manner.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 89-8:
1. There are exceptional or extraordinary circumstances or
conditions applicable to the land, involved that do not apply
generally to other property or uses in the district. The
parcel abuts an arterial highway and contains an alley along
the rear.
2. The granting of a conditional exception to expand beyond the
allowable 10 percent of existing floor area is necessary in
order to preserve the enjoyment of one or more substantial
property rights.
3. The granting of Conditional Exception (Variance) No. 89-8 to
expand beyond the allowable 10 percent of existing floor area
with conditions imposed will not be materially detrimental to
the public health, safety and welfare, or injurious to the
conforming land and property in the neighborhood.
4. The granting of this conditional exception from Section
9652(b)(3) of the Huntington Beach Ordinance Code will not
defeat the general,purposes or intent of the Huntington Beach
Ordinance Code and the Huntington Beach General Plan.
5. The applicant is willing and able to carry out the purposes
for which the conditional exception :(variance) permit is
sought and will proceed to do so without unnecessary delays.
1. The site plan, floor plans and elevations received and dated
March 13, 1989, shall be the conceptually approved layout with
the following modifications:
a. Provide the required 20 foot rear yard setback from
ultimate alley dedication.
PC Minutes - 3/21/89 -22- (2319d)
1
b. Provide minimum 20 feet building separation or attach the
proposed temporary modular office to the existing building
and provide a minimum 3 foot-9 inch wide breezeway area
with handicap accessibility in compliance with the Uniform
Building Code.
2. Prior to issuance of building permits, the applicant/owner
shall complete the following:
a. Revised site plan and elevations as modified pursuant to
Condition No. 1.
b. Proposed structures shall be architecturally compatible
with existing structures.
C. Submit copy of the revised site plan, floor plans and
elevations pursuant to Condition No. 1 for review and
approval and inclusion in the entitlement file.
d. All rooftop mechanical equipment shall be screened from
any view. Said screening shall be architecturally
compatible with the building in terms of materials and
colors. If screening is not designed specifically into
the building, a rooftop mechanical equipment plan must be
submitted showing screening and must be approved.
e. If outdoor lighting is included, high-pressure sodium
vapor lamps or similar energy savings lamps shall be
used. All outside lighting shall be directed to prevent
"spillage" onto adjacent properties and shall be noted on
the site plan and elevations.
f. The site plan shall indicate all existing trees on site.
Every effort shall be made by the applicant to save any
tree that may be affected by the YMCA expansion.
g. The site plan shall include (or reference page) all
conditions of approval imposed on the project printed
verbatim.
h. A Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and
must be approved. The Landscape Construction Set shall .
include a landscape plan prepared and signed by a State
Licensed Landscape Architect and which includes all
proposed/existing plant materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of
approval. The landscape plans shall be in conformance
with the Huntington Beach Ordinance Code. The set must be
approved by both departments prior to issuance of building
permits. Any existing mature trees that must be removed
shall be replaced at a 2 to 1 ratio with minimum 36-inch
box trees, which shall be incorporated into the project's
landscape plan.
PC Minutes - 3/21/89 -23- (2319d)
i. All applicable Public Works fees shall be paid.
j. Dedicate 2 feet on Garfield Avenue and 5 feet on the alley.
k. Submit a grading plan for review and approval by the
Public Works Department.
3. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
4. 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.
5. Conditional Use Permit No. 89-10 shall be effective for a
maximum period of five years.
6. Conditional Use Permit No. 89-10 shall be non -transferable.
7. The Planning Commission reserves the right to revoke
Conditional Use Permit _No. 89-10 if any violation of these
conditions or the Huntington Beach Ordinance Code occurs.
C-6
APPLICANT: Erdem Denktas
Conditional Use Permit No. 89-4 is a request for live entertainment
(2 to 3 member band, non -amplified) without dancing in an existing
2,500 square foot restaurant located at 16871 Beach Boulevard. The
request is pursuant to Section 9220.12 (Dancing/Live Entertainment)
of the Huntington Beach Ordinance Code.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt pursuant to Class 1,
Section 15301 of the California Environmental Quality Act.
STAFF RECOMMENDATION:
Approve Conditional Use Permit No. 89-4 with findings and conditions
of approval.
THE PUBLIC HEARING WAS OPENED
There were no persons present to speak for or against the request
and the public hearing was closed.
PC Minutes - 3/21/89 -24- (2319d)
1
Ll
A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE
CONDITIONAL USE PERMIT NO. 89-4, WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Slates, Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Kirkland
ABSTAIN: None
W10#101M
FINDINGS FOR APPROVAL:
1. The establishment, maintenance and operation of live
entertainment (live music for listening without dancing) will
not be detrimental to the general welfare of persons residing
or working in the vicinity. Adequate buffering to
residentially zoned properties to the west is provided by a
drive aisle, parking, landscaping and approximately 80 foot
wide tennis courts.
2. The proposed live entertainment substantially complies with the
criteria in Section 9220.12 of the Ordinance Code.
3. The use will not be detrimental to property and improvements in
the vicinity of such use or building.
4. The combination and relationship of one use (live entertainment
without dancing) to another use (restaurant) on site are
property integrated.
5. The proposal is consistant with the City's General Plan"of Land
Use which designates this site as General Commercial.
CONDITIONS OF APPROVAL:
1. The floor plans received and dated February 1, 1989, shall be
the conceptually approved layout.
2. Live music shall be limited to a maximum three (3) musicians
and performances shall be limited only during the following
hours:
Monday, Tuesday, Sunday 9:00 PM to 12:30 AM
Wednesday, Thursday, Friday,
and Saturday 9:00 PM to 1:30 AM
PC Minutes - 3/21/89
-25-
(2319d)
3. The stage area shall be no larger than 50 square feet as shown
on the submitted plans.
4. The proposed use shall comply with all applicable Fire and
Building codes, including Chapter 33 of the Uniform Building
Code.
5. The proposed live entertainment 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.
6. This conditional use permit shall be non -transferable.
7. The primary use -of -the building shall be dining and the sale of
food; live entertainment shall be a secondary use.
8. An entertainment permit shall be submitted and approved prior
to the establishment of the live entertainment within the
restaurant. A copy of said permit shall be submitted to the
Department of Community Development to be included in the
Conditional Use Permit No. 89-4 file.
9. The Planning Commission reserves the right to revoke
Conditional Use Permit No. 89-4 if any violation of these
conditions or the Huntington Beach Ordinance Code occurs.
10. This conditional -use permit shall not become effective for any
purpose until an "Acceptance of Conditions" form has been
properly executed by the applicant and an authorized
representative of the owner of the property, and returned to
the Planning Division; and until the ten day appeal period has
elapsed.
11. Conditional Use Permit No. 89-4 shall become null and void
unless exercised within one (1) year of the date of final
approval, or such extension of time as may be granted by the
Planning Commission pursuant to a written request submitted to
the Planning Department a minimum 30 days prior to the
expiration date.
DUE TO THE LATENESS OF THE HOUR THE REMAINING ITEMS WERE CONTINUED
None
1
PC Minutes*- 3/21/89 . -26- (2319d)
I,.
1
.y olze VUV7.
E-1 CONDITIONAL USE PERMIT NO .88-2a - Applicant: -West Coast Soccer
League - Annual Review of Octoberfest
E-2 CONDITIONAL. USE PERMIT NO. 87-5 - Applicant:
Update traffic study
E-3 CONDITIONAL USE PERMIT NO 88-20 - Applicant:
Six month review
F. PLANNING COMMISSION INQUIRIES
None
None
None
I. ADJOURNMENT
FHP
Hebrew Academy
The meeting was adjourned at 1:35 AM to the next regularly
scheduled meeting, Tuesday, April 4, 1989, at 7:00 PM.
APPROVED BY:
IL
i
Mike Adams, Secretary P anning_ mmissio a' an
PC Minutes - 3/21/89
-27-
(2319d)