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HomeMy WebLinkAbout1989-04-04APPROVED 5/16/89 MINUTES HUNTINGTON BEACH PLANNING COMMISSION APRIL 4, 1989 7.00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Slates, Kirkland, Williams, Bourguignon, Ortega P P Mountford, Leipzig A. CONSENT CALENDAR A MOTION WAS MADE LEIPZIG, SECOND BY WILLIAMS TO ALLOW SPEAKERS OF THE "D" and "E" ITEMS TO SPEAK DURING THOSE RESPECTIVE ITEMS, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A-1 MINUTES OF PLANNING COMMISSION MEETING OF MARCH 7, 1989 A MOTION WAS MADE BY LEIPZIG, SECOND BY MOUNTFORD, TO APPROVE PLANNING COMMISSION MINUTES OF MARCH 7, 1989 WITH THE ADDITION OF PAGES 15 AND 16, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B. ORAL COMMUNICATIONS None C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO 88-45/CONDITIONAL EXCEPTION (VARIANCE) NO 88-44 (CONTINUED FROM MARCH 7, 1989 PLANNING COMMISSION MEETING) APPLICANT: Greenberg Farrow Architects LOCATION: 6912 Edinger (southwest corner at Goldenwest Street) This item was continued on March 7, 1989, after several concerns were raised by the Planning Commission. Conditional Use Permit No. 88-45 is a request by Home Depot to establish a fenced outdoor area for the storage and staging of merchandise. The location of the enclosed area would be in the rear of the store where the existing loading docks are. The applicant revised the original proposal for a 16,000 square foot area down to 12,000 square feet. Conditional Exception (Variance) No. 88-44 is a request to permit a total of 769 spaces in lieu of 941. The applicant agreed to make a number of site improvements requested by the Planning Department related to parking and drive improvements. These include the closure of an existing driveway on Edinger, the creation of a wider commercial entrance, as well as other parking striping changes. ENVIRONMENTAL STAT 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. 88-45 and Conditional Exception (Variance) No. 88-44 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Ron Pattinson, consultant representing the applicant, spoke in support of the request. He said the applicant agrees with the conditions of approval; however requested condition number 1 (a) be changed to raised curbing instead of raised pedestrian sidewalk. Chris Neal, 16002 Marjan Lane, spoke in opposition to the request. He said he was concerned about traffic problems caused by shoppers entering and leaving the center and that a wider commercial entrance would worsen the existing problem. Bob Thrall, 6861 Nyanza Drive, spoke against the request. He was concerned that, due to aesthetics, the value of properties bordering Home Depot was lower than similar properties within the city. Beverly Gross, 16102 Marjan Lane, spoke against the request. Ms. Gross said the noise from trucks is unbearable at times. She requested documentation proving that the proposed wall would reduce the noise level. She went on to say that the current management at Home Depot appeared to be sensitive to the neighbors problems but was concerned that future management may look at their situation differently. PC Minutes - 4/4/89 -2- (2487d) Carol Grace, 6911 Nyanza Drive, spoke in opposition to the request. She said there is graffiti on the building and the parking lot has not been maintained. Home Depot's profits are increasing while property values are going down. David Graham, 6941 Nyanza Drive, spoke in opposition to the request. He said the zoning designation at the site should by industrial. He went on to request that the trash compactors be sound proofed. Gene Wilson, 16122 Marjan Lane, said the expansion will increase truck traffic. James Young, 6821 Nyanza Drive, said the storage facility will probably increase business by 10 to 15% while surrounding residential property value is decreased. Alice McCallum, 6841 Nyanza Drive, suggested that weekend deliveries be prohibited and use of trash compactor be prohibited after 8:00 PM. Donald McCallum, 6841 Nyanza Drive, submitted a petition signed by 55 property owners in opposition to the request. Dennis Goughary, owner of the center, spoke in support of the request. In response to the neighbors concerns, he said the new conditions of approval will mitigate problems that have occurred. He went on to say they were implementing an appointment policy for deliveries. In response to a previous speaker, he advised that Caltrans had proven that a sound barrier wall will reduce the noise level. He also said the trash compactor would be enclosed which would reduce noise. There were no other persons present to speak for or against the request and the public hearing was closed. Commissioner Williams said he would support the request but emphasized that Home Depot should work with the neighbors by scheduling regular meetings and also to clean up the property. He suggested a revised condition of approval requiring a 24-hour guard. Commissioner Kirkland said he would support the reuqest with an amended condition to review in 12 months for compliance. Commissioner Ortega said she would not support the request because Home Depot was given one month to mitigate problems for the neighbors and nothing had been done. She also said that the use would be more compatible in an industrial area. She requested an added condition for an 8' fenced gate system. Commissioner Slates said he would support the request with amended condition 1 (a) on the variance for raised curbing (per the applicant's request), a 24-hour guard and clean up of the property. PC Minutes - 4/4/89 -3- (2487d) :. A MOTION WAS MADE BY SLATES AND SECOND BY WILLIAMS TO APPROVE CONDITIONAL USE PERMIT NO. 88-45/CONDITIONAL EXCEPTION (VARIANCE) NO. 88-44 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL. THE FOLLOWING AMENDMENTS TO THE MOTION WERE MADE: AMENDMENT NO 1: COMMISSIONER WILLIAMS REQUESTED THE MOTION BE AMENDED TO INCLUDE CONDITIONS REQUIRING A SIX MONTH REVIEW, A 24-HOUR GUARD IN THE PARKING LOT AND AN OPEN COMMUNICATION LINE FOR THE NEIGHBORS TO HOME DEPOT. THE MAKER OF THE MOTION AGREED TO INCLUDE THE REQUESTED AMENDMENT IN THE MOTION. AMENDMENT NO, 2: AN AMENDED MOTION WAS MADE BY LEIPZIG AND SECOND BY MOUNTFORD TO APPROVE CONDITIONAL USE PERMIT NO. 88-45/CONDITIONAL EXCEPTION (VARIANCE) NO. 88-44 WITH AMENDED CONDITION OF APPROVAL REQUIRING THE STORAGE AREA ENCLOSURE TO BE COVERED, BY THE FOLLOWING VOTE: (Commissioner Mountford said his second to the motion was for the purpose of discussion..) AYES: Ortega, Leipzig NOES: Slates•,'=!Kirkland, Williams, Bourguignon, Mountford ABSENT: None ABSTAIN: None MOTION TO INCLUDE THE'STORAGE AREA ENCLOSURE TO BE COVERED FAILED AMENDMENT NO, 3: COMMISSIONER -LEIPZIG REQUESTED THE, MAKER OF THE FIRST MOTION TO AMEND CONDITION-1(a) (PER THE STAFF REPORT) TO REQUIRE RAISED SIDEWALK ALONG THE NORTH SIDE OF THE GARDEN CENTER. THE MAKER AND SECOND -OF THE MOTION AGREED. AMENDMENT NO, 4: A MOTION WAS MADE BY ORTEGA AND SECOND BY BOURGUIGNON TO --APPROVE CONDITIONAL USE PERMIT NO. 88-45/CONDITIONAL EXCEPTION (VARIANCE) NO 88-44 WITH AMENDED CONDITION NO. 8 TO REQUIRE A FENCED GATE SYSTEM. THE MAKER AND SECOND OF THE MOTION AGREED TO THIS -'AMENDMENT, AND' THE MOTION WAS- WITHDRAWN. VOTE ON ORIGINAL MOTION INCLUDING AMENDMENT NO. 1, 3 and 4: AYES: -Slates, Kirkland, Williams•; Bourguignon, Leipzig, Mountford NOES: Ortega ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL'USE PERMIT NO, 88-45: 1. The establishment, -maintenance and operation of the storage enclosure with all proposed conditions of approval will not be detrimental to: PC Minutes - 4/4/89 -4- (2487d) 1 0 a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The approval of the storage enclosure area will not adversely affect the General Plan of the City of Huntington Beach. 3. The location, site layout and design of the proposed enclosure is properly adapted to streets, driveways and other adjacent structures and uses in a harmonious manner. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 88 44: 1. The granting of Conditional Exception (Variance) No. 88-44 for a 172 space parking reduction will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 2. The granting of Conditional Exception (Variance) No. 88-44 will not adversely affect.the General Plan of the City of Huntington Beach. 3. The parking analysis submitted shows that there are a substantial number of excess spaces on site. 4. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and he will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL: 1. The site plan, enclosure floor plan and elevations received and dated March 29, 1989, which includes'a 12,000 sq. ft. storage area and modifications to the front parking area, shall be the approved layout with the following modification: a. A raised pedestrian -sidewalk shall be provided along the north side of the garden center. 2. The applicant shall commence construction of all improvements related to this request within sixty (60) days of final approval of entitlement. 3. The use of sound absorbent material shall be incorporated on the perimeter wall of the center, on the wing wall adjacent to the loading dock and on the inside of the enclosure itself. The applicant shall submit the report of a licensed acoustical engineer which shall recommend the selection of the most effective feasible material prior to issuance of building permits. PC Minutes - 4/4/89 -5- (2487d) 4. Truck delivery hours shall be limited to between 8:00 AM to 3:00 PM Monday through Friday and 8:00 AM to 12:00 Noon on Saturday; no deliveries.permitted,on Sundays. No trucks shall be permitted,on.the,site,from 7:00 PM to 8:00 AM other than in a striped staging area (as approved by the Community Development Department) in front.,of the building. 5. All forklifts used on site shall -be electric powered. 6. Forklift operations shall be limited to 7:00 AM to 5:00 PM each day including within outside storage,area. 7. Additional lighting for security purposes shall be provided where „needed in,employee,parking,areas. Such,lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted ;on';the site -plan and elevations. 8. A fenced gate system shall be installed along the south easterly corner and northwesterly corner of the building to prevent access'to the'rear area of the store between the hours of 10:00 PM and 7:00 AM., Such system shall -be subject to the approval by the,'Community Development, Fire and Police Departments�and'installed prior'tb final inspection of the enclosure area. 9. Signs at the perimeter of the'site shall'be installed and maintained''instructing truck drivers'to"turn off their engines while waiting'.;" 10. The applicant',shall construct'all'Public Works improvements, including street lights,''as required -by this' Public Works Department. 11. Prior to issuance`of'building permits, the`applicant shall submit the following plans: a. Landscape and irrigation plan to.the Department of Community DevelopmefiC,ind Public Works, for review and approval. b. A grading plan and soils.report,to the Department of Public Works for, review and :approval. c. A parking management plan for review and approval by the Community Development Department which contains parking space designations for,all employees/tenants on site to be located primaiily.along,the perimeter of the'site to the rear of the buildings.,, 12. The development shall comply with all,applicable provisions of the Ordinance Code, Building Division, Public Works, and Fire Department. -- 13. Maintain all building walls and fences in a clean and neat manner; all graffiti shall be removed. PC Minutes - 4/4/89 -6- (2487d) 1 11 14. Maintain landscaping in a neat and clean manner and replace where necessary. 15. Storage of materials beyond the designated outside storage area and building shall be prohibited. 16. A 24-hour full-time security guard shall be provided to monitor the parking area for compliance with the conditions herein. 17. A review of the use shall be conducted within six months from the date of final inspection of the outside storage area to verify compliance with all conditions of approval and applicable provisions of the Huntington Beach Ordinance Code. The Planning Commission reserves the right to modify conditions herein based upon negative impacts associated with the use and the right to revoke Conditional Use Permit No. 88-45 and Conditional Exception (Variance) No. 88-44 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. C-2a ZONE CHANGE NO 88-07/CONDITIONAL USE PERMIT NO 88-16/ TENTATIVE TRACT NO 13269/NEGATIVE DECLARATION NO 88-16 (CONTINUED FROM THE MARCH 21, 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. On March 21, 1989, the Planning Commission approved the Draft Ellis-Goldenwest Specific Plan in conjunction with Environmental Impact Report No. 88-2. The applicant supports the Draft Ellis-Goldenwest Specific Plan and has requested that Zone Change No. 88-07 be withdrawn. STAFF RECOMMENDATION: Accept withdrawal of Zone Change No. 88-07. The public hearing was opened. There were no persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY ORTEGA AND SECOND BY LATES TO WITHDRAW ZONE CHANGE NO. 88-7, BY THE FOLLOWING VOTE: AYES: Slates, NOES: None ABSENT: Williams ABSTAIN: None MOTION PASSED Kirkland, Bourguignon, Ortega, Mountford, & Leipzig (out of room) PC Minutes - 4/4/89 -7- (2487d) C-2b CONDITIONAL U5G' VtXMIT NV 00—lo ryttn �rc�ssaL ++++�••t�.� TENTATIVE TRACT 13269/TENTATIVE_TRACT 13270/CONDITIONALz EXCEPTION (VARIANCE) NO, 89-12 Applicant:, The Dahl Company Conditional,Use Permit,,No.AB-16,with Special Permits and Tentative 'Tract .13269 has been. combined with Tentative Tract 13270, in order to comply with the minimum project area requirement of 10 acres as stipulated in the Draft Ellis-Go,ldenwest Specific:Plan. STAFF RECOMMENDATION: ;E Continue Condi,tional_,Use(Permit,No. 88-16 with Special Permits, Tentative Tract 13269, Ten tat ve' Tract 13210 1 and' Conditional - Exception (Variance). No,. ,89-12 ,to , the April .18, 1989 Planning Commission meeting. -,,- The public hearing was. openedt There were no persons present to speak for or against the request and the public hearing was continued to the meeting: of ,April 14, ,1989. A MOTION WAS MADE IBY ORTEGA AND SECOND BY SLATES TO CONTINUE CONDITIONAL USE PERMIT NO. 88-16 WITH SPECIAL PERMITS/TENTATIVE TRACT NO. 13269/TENTAT-IVE TRACT.13270/CONDITIONAL EXCEPTION (VARIANCE) N0..89-712;T0 THE,.PLANNING.,COMMISSION MEETING OF APRIL 14, 1989, BY THE FOLLOWING VOTE: C-3 AYES: Slates,,.Rirkland,r,Bourgvignon, Ortega,_Mountford, NOES: ABSENT: Williams & Leipzig out of room) ABSTAIN: None, MOTION PASSED APPLICANT: Cetech',Engineering'. OWNER: Akira & Emiko"Ishibashi Tentative Tract Map, i13714 and Conditional Use Permit No. 88-36 constitute a request for,,a'3l-lot subdivision for single family homes in accordance with the'Draft Ellis-Goldenwest Specific Plan. The Draft Specific Plan .was _approved by. the Planning Commission on March 21, 1989, and iforwarded to City Council for adoption. The City Council hearing has been tentatively scheduled for May 1, 1989. STAFF RECOMMENDATION: - Continue Tentative Tract Map 13714, Conditional Use Permit No. 88-36 and Conditional Exception (Variance) No. 89-10 to the April 18, 1989 Planning Commission meeting. PC Minutes - 4/4/89 -8- (2487d) Commissioner Slates suggested that action could be taken on the request at that time and require the applicant to adhere to any changes initiated by the Council in the Ellis-Goldenwest Specific Plan. THE PUBLIC HEARING WAS OPENED Tony Arness, representing Wesco Development, spoke in support of the request stating the project will enhance the City of Huntington Beach. Tom Yuge, Cetech Engineering, spoke in support of the request. Elisa Dickson, Cetech Engineering, spoke in support of the request. She said Cetech Engineering is willing to assume the risk of any added conditions imposed by Orange County Sanitation District. Dan Jankowiak, 67115 Shetland Circle, spoke in opposition of approving the request prior to adoption of the master plan. Mike Adams, Director of Community Development, suggested that the Commission could take action on the request with conditions of approval coming back to the Commission at the next meeting. There were no persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY ORTEGA AND SECOND BY MOUNTFORD TO CONTINUE TENTATIVE TRACT MAP 13714, CONDITIONAL USE PERMIT NO. 88-36 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-10 TO THE APRIL 18, 1989 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Ortega, Mountford, Leipzig NOES: Slates, Kirkland, Bourguignon, Williams ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY SLATES AND SECOND BY BOURGUIGNON TO APPROVE TENTATIVE TRACT MAP 13714, CONDITIONAL USE PERMIT NO. 88-36 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-10 WITH CONDITIONS OF APPROVAL TO BE REVIEWED AND APPROVED AT THE APRIL 18, 1989 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates; NOES: Ortega, ABSENT: None ABSTAIN: None MOTION PASSED Kirkland, Bourguignon, Williams, Leipzig Mountford U1. � . %-q PC Minutes - 4/4/89 -9- (2487d) C-4 CONDITIONAL USE PERMIT NO. 88-53 IN CONJUNCTION WITH NEGATIVE DECLARATION NO. 88-30 APPLICANT: Bob Maculsay/John Delava OWNER: Portofino Cove Condominium Conditional Use -Permit No. 88-33 is a request to permit construction of 49 private boat slips -along existing bulkheads facing Main Channel and Bolsa Chica Channel, for residents of Portofino Cove Condominiums pursuant to Section 9421.1(b) of the Huntington Beach Ordinance Code., Approve Negative Declaration No. 88-30 and Conditional Use Permit No. 88-53 with findings and conditions of_approval. THE PUBLIC HEARING WAS OPENED - John Delava,- applicant, spoke in support of the request. He said they have complied with all state regulatory requirements and had spent $46,000 in-mitigation••fees. ;He also said the homeowners association had already spent $280,000 on the project. Judy Sabbagh, 3156 Portofino Circle, spoke in opposition to the request. She said the additional docks will be detrimental to security, create parking problems and hazardous conditions getting boats into the proposed -docks. Bud Clark, 3152 Portofino Circle, spoke against the request. He was concerned about navigation problems if the -additional docks were approved. Robert Maculsay, 16291 Countess Drive No. 308, spoke in support of the request. He said that the homeowners association had been working with the Department of Fish -and Game and it -had been. determined that the additional docks will protect the Ellgrass. He went on to say that the Harbor Master did not feel the docks would cause a safety hazard. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY SLATES AND SECOND BY MOUNTFORD TO DENY CONDITIONAL USE PERMIT NO. 88-53 IN CONJUNCTION WITH NEGATIVE DECLARATION NO. 88-30, BY THE FOLLOWING VOTE:. - AYES: Slates, Kirkland, Williams, Mountford NOES: Bourguignon, Ortega, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED 1 PC Minutes - 4/4/89 -10- (2487d) F1 1 FINDINGS FOR DENIAL: 1. The proposed construction of 49 boat slips will not be compatible with adjacent properties/uses because the docks are separated from the Main Channel bulkhead by 40 feet, creating a hazard to adjacent slips to the east. 2. On -site parking and circulation are inadequate for the proposed 49 boat slips because the existing parking lot for Seabridge Park and Portofino Cove is already overburdened. 3. The addition of 49 boat slips has the potential of creating adverse boat traffic impacts to waterways in the Harbour. 4. The proposed boat slips may adversely impact an existing eelgrass bed. C-5 CONDITIONAL USE PERMIT NO 89-9 APPLICANT: International Red Onion The proposed request to permit outdoor dining on a portion of a public walkway adjacent to the Red Onion' Restaurant located in Peter's Landing. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. COASTAL STATUS: Peter's Landing was originally approved by the California Coastal Commission in 1976. Approval of the project included a condition that a 10 foot wide public walkway be completed and open to the public. The walkway was to be located adjacent to the marina bulkhead along the entire waterside boundary of the complex. Because the requirement for a public walkway was imposed by the California Coastal Commission, the proposed outdoor dining within that area must be reviewed and approved by the Coastal Commission. Should the Planning Commission approve the project, it will be an "approval in concept" only. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-9 with findings and conditions of approval. Commissioner Slates said he because he did not feel that the request. would be voting against the proposal the Coastal Commission would approve PC Minutes - 4/4/89 -11- (2487d) THE PUBLIC HEARING WAS OPENED. Ralph Saltsman, an attorney representing International Red Onion, spoke in support of the request. He said Red Onion had worked with the community and Broadmore Homeonwers Association to mitigate any problems that may occur. Bill Fancher, representing.International Red Onion, spoke in support of the request. Jimmy Loizides, bar manager of International Red Onion, spoke in support of the request. Vernon Dockendorf, 19402 MacGregor, patron of.International Red Onion spoke in'support of 'the request., Richard Dorsey, 3221 Francois, spoke in opposition to the request. He was opposed to the reduction in the public walkway. Carol Swanson, 16365 Martin Lane, spoke in opposition to the request. She complained that., the noise from the set up and clean up crews was a concern to the residents. Richard Marcoullier, 3201 Moritz Drive, spoke in opposition to the request. He questioned the possibility of maintaining the 10 foot minimum public walkway with 4 foot tables in the proposed area. Marelle Dorsey, 3221 Francois, was concerned due to International Red Onion lack of concern for the residents in the area and also stated that the measurement for the public walkway was inaccurate. In response to public testimony, Bill Fancher reported that he took the measurements and that the measurements were accurate. There were no other persons present to'speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY SLATES AND SECOND BY WILLIAMS TO DENY CONDITIONAL USE PERMIT NO. 89-9, BY THE FOLLOWING VOTE: AYES: Slates, Leipzig, Williams, Mountford NOES: Bourguignon, Kirkland ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL: 1. The proposed outdoor dining expansion will not be compatible with adjacent properties due to noise and additional activity associated with outdoor dining. PC Minutes - 4/4/89 -12- (2487d) 2. The establishment, maintenance and operation of the outdoor dining expansion will be detrimental to the general welfare of persons working or residing in the vicinity. Noise and activity generated will be incompatible with adjacent condominium development. 3. The establishment, maintenance and operation of the outdoor dining expansion may be detrimental to the value of the property and improvements in the neighborhood. 4. The proposed outdoor dining expansion conflicts with the spirit of the Coastal Commission's condition for unobstructed access along the walkway. The dining area proposed narrows to a minimum 4 foot which is inadequate space for dining and still maintain a 10 foot walkway. Additionally, the presence of diners on the public walkway may intimidate the public and discourage their use of the area. D-1 LIMITED SIGN PERMIT NO. 89-1 APPLICANT: Steve Therriault Limited Sign Permit No. 89-1 is a request to modify two existing multi -tenant freestanding signs at an office complex southwesterly of Warner and Bolsa Chica. The applicant is requesting to add four 30 square foot identification panels for Coldwell Banker to each side of the two signs. Section 9610.8(c) of the Huntington Beach Ordinance Code specifies that the Planning Commission may allow a change of face for nonconforming signs and extend their use for up to two years. A cash bond is required to guarantee their removal at that time. STAFF RECOMMENDATION: Approve Limited Sign Permit No. 89-1 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Curt Bauer, representing Coldwell Banker, spoke in support of the request. He said they should not be responsible for the Harbor Diagnostics portion of the sign. David Gilpin, property manager representing the owner, 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. Commissioner Williams recommended that the entire sign be brought into conformance. Commissioner Kirkland said the sign serves a need and felt two years not be an unreasonable request. PC Minutes - 4/4/89 -13- (2487d) A MOTION WAS MADE BY WILLIAMS AND SECOND BY SLATES TO DENY LIMITED SIGN PERMIT NO. 89-1, BY THE FOLLOWING VOTE: AYES: Slates, Williams NOES: Kirkland, Bourguignon, Ortega, Mountford, Leipzig ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY WILLIAMS AND SECOND BY SLATES TO APPROVE LIMITED SIGN PERMIT NO. 89-1 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Allowing the maintenance of the signs for an additional two years will not adversely affect other signs in the area. 2. The proposed sign face change will not be detrimental to property located in the vicinity of such sign, and will be in keeping with the character of the surrounding area. 3. The signs in their existing locations along Warner and along Bolsa Chica will not obstruct pedestrian or vehicular traffic vision. 4. Due to the unique circumstances applicable to the signs, immediate alteration, removal or replacement of the signs will result in a economic hardship. CONDITIONS OF APPROVAL: 1. The site plan and sign elevations received and dated March 10, 1989, shall be the approved layout with the following modifications: a. The Coldwell Banker sign panels shall be placed in the existing empty sign cans, which on the submitted elevations are the second from the top. These had identified a Schwinn bicycle store which is no longer in business. b. The plan shall be modified to show the Harbour Medical Center signs and sign permits shall be obtained prior to the installation of the Coldwell Banker signs. 2. Limited Sign Permit No. 89-1 shall be valid for two years (until April 4, 1991). PC Minutes - 4/4/89 -14- (2487d) 1 3. Prior to issuance of building permits, the applicant/property owner shall file a cash bond in the amount of $4,000 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the two signs. If the signs are not made to conform with the applicable provisions of the sign ordinance after two years from the date of approval, or remodel of the property, whichever comes first, the City of Huntington Beach or its agents or employees may enter the property where said signs are located and remove said signs and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. E. DISCUSSION ITEMS E-1 DRAFT ENVIRONMENTAL IMPACT REPORT 88-2 Revised mitigation measures - Applicant: City of Huntington Beach/Dahl Company/Westco Development Corporation A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA TO TRANSMIT TO THE CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E-2 DRAFT ELLIS-GOLDENWEST SPECIFIC PLAN - Applicant: City of Huntington Beach - Clarification of revised language and graphics A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA TO FORWARD THE DRAFT ELLIS-GOLDENWEST SPECIFIC PLAN WITH AMENDMENTS TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/4/89 -15- (2487d) E-3 CONDITIONAL USE PERMIT NO. 87-5 - Applicant: FHP - Update traffic study A MOTION WAS MADE BY LEIPZIG, SECOND BY SLATES TO REQUIRE THE TRAFFIC STUDY BE PERFORMED DURING PEAK HOURS FOR THE EXISTING FACILITY AND BE COMPLETED BY 4/18/89 FOR REVIEW BY THE COMMISSION, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E-4 CONDITIONAL USE PERMIT NO. 88-20 - Applicant: Hebrew Academy - Six month review Rabbi Newman, Dean of the Hebrew Academy, was present to address the Commission. He reported that the Academy had responded to the conditions of approval. The caretakers unit had not been replaced; however they plan to replace the unit with a double wide coach prior to the next school year. A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND TO REQUIRE THAT THE CARETAKERS UNIT BE REPLACED BY 6/30/89, BY THE FOLLOWING VOTE: Commissioner Williams said he would not support the motion because the sub -standard condition of the caretakers unit should have been resolved during the previous six months. AYES: Slates, Kirkland, Bourguignon, Ortega, Mountford, Leipzig NOES: Williams ABSENT: None ABSTAIN: None MOTION PASSED E-5 CHARTER CENTRE (GUARDIAN CENTER) PARKING STUDY - Update on parking situation A MOTION WAS MADE BY KIRKLAND, SECOND BY SLATES TO ACCEPT THE PARKING STUDY, BY THE FOLLOWING VOTE: AYES: Slates, Leipzig NOES: Williams ABSENT: None ABSTAIN: None MOTION PASSED Kirkland, Bourguignon, Ortega, Mountford, 1 PC Minutes - 4/4/89 -16- (2487d) �l J j E-6 COMMUNITY MENTAL HEALTH FACILITY - Applicant: Center for Creative Alternatives - To discuss mental health facility pursuant to Article 963 (Unclassified Uses). A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG TO CONSIDER A CODE AMENDMENT TO ALLOW PUBLIC SOCIAL SERVICE TYPE USES (QUASI -PUBLIC) IN RESIDENTIAL AREAS. AYES: Slates, Kirkland, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: Williams (out of room) ABSTAIN: None MOTION PASSED F. PLANNING COMMISSION INQUIRIES The Planning Commission received and filed the inquiry list. G. PLANNING COMMISSION ITEMS A MOTION WAS MADE ORTEGA, SECOND BY SLATES TO PLACE TRACT MAP NO. 13210 ON THE AGENDA FOR 4/18/89 TO CONSIDER WITHHOLDING FINAL BUILDING PERMIT INSPECTION OF THE SINGLE FAMILY HOMES UNDER CONSTRUCTION UNTIL POTENTIAL ZONING VIOLATIONS ARE REMEDIED: AYES: Slates, Kirkland, Williams, Bourguignon, Ortega, Mountford, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Leipzig requested staff update the "staff planners" list and organization chart of the department. H. COMMUNITY DEVELOPMENT ITEMS None PC Minutes - 4/4/89 -17- (2487d) A MOTION WAS MADE BY ORTEGA, SECOND BY SLATES TO ADJOURN AT 12:25 AM TO THE NEXT REGULARLY SCHEDULED MEETING, TUESDAY, APRIL 18, 1989, BY THE FOLLOWING VOTE: AYES: Slates, Kirkland, Bourguignon, Ortega, Mountford, Leipzig NOES: Williams ABSENT: None ABSTAIN: None APPROVED BY: — I�LL - 11 * Mike Adams, Secretary Planning Commission PC Minutes - 4/4/89 -18- (2487d)