Loading...
HomeMy WebLinkAbout1990-01-23APPROVED 3/6/90 MINUTES HUNTINGTON BEACH PLANNING COMMISSION JANUARY 23, 1990 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P ROLL CALL: Shomaker, Mountford, Williams, Ortega, P(left @ 9:45) P P Bourguignon, Kirkland, Leipzig A. CONSENT CALENDAR A-1 MINUTES - November 21, 1989 and December 5, 1989 (Continued from the January 9, 1990 Planning Commission meeting) A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS, TO APPROVE MINUTES DATED NOVEMBER 21 AND DECEMBER 5, 1989, AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Bourguignon, Kirkland, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A-2 CHANGES TO THE PLANNING COMMISSION BY-LAWS A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE PLANNING COMMISSION BY-LAW CHANGE TO NOT BEGIN ANY PUBLIC HEARING ITEM AFTER 11:00 PM UNLESS THE COMMISSION, BY MAJORITY VOTE, SO AGREES, BY THE FOLLOWING ITEM: AYES: Shomaker, Williams, Ortega, Bourguignon, Kirkland, • Leipzig NOES: Mountford ABSENT: None ABSTAIN: None MOTION PASSED A-3 GENERAL PLAN CONFORMANCE N0. 89-13 - Applicant: Department of Administrative Services - Sale of 12,240 sq.ft. of property as part of an exchange agreement to provide adequate parking at the Huntington Beach Civic Center. A MOTION WAS MADE BY MOUNTFORD, SECOND BY SHOMAKER, TO APPROVE GENERAL PLAN CONFORMANCE NO. 89-13 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, NOES: None ABSENT: None ABSTAIN: Ortega MOTION PASSED Mountford, Williams, Bourguignon, Leipzig A-4 GENERAL PLAN CONFORMANCE N0. 89-14 - Applicant: Department of Administrative Services - Approve the exchange -purchase of approximately 33,541 sq.ft. of land for the purpose of a parking facility at the Huntington Beach Civic Center. A MOTION WAS MADE BY ORTEGA, SECOND BY KIRKLAND, TO APPROVE GENERAL PLAN CONFORMANCE NO. 89-14 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Bourguignon, Kirkland, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B. ORAL COMMUNICATIONS Frank Bennett, 16281 Mandalay, owner of Rockets "n" Pockets, made himself available to answer any questions regarding Conditional Use Permit No. 88-40 (scheduled as a D Item on the agenda). He said his operations and store manager were also in the audience and available to answer any questions. B-1 PLANNING COMMISSION SUB -COMMITTEE REPORTS The following sub -committee reports were presented: Commissioner Kirkland - reported action, which included By -Law Approval and election of officers, taken by the Design Review Board at the January 18, 1990 meeting. Chairwoman Ortega reported action taken by the Sub -Division Committee at the January 17, 1990 meeting. PC Minutes - 1/23/90 -2- (4838d) 1 C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO 89-39/CONDITIONAL EXCEPTION (VARIANCE) NO 89 58 (CONTINUED FROM JANUARY 9, 1989 PLANNING COMMISSION MEETING) APPLICANT: TEXACO REFINING & MARKETING INC. LOCATION: 6962 Edinger Avenue (southwest corner of Edinger Avenue and Goldenwest Street) Conditional Use Permit No. 89-39 is a request to remodel an existing Texaco station by converting the existing lube bay building into an approximately 1,071 square foot convenience store. The convenience store will offer beer and wine sales. A conditional use permit is required pursuant to Sections 9220.14(g) and 9636 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 89-58 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Section 9220.14(f)(5), which specifies that a 10 foot wide landscape buffer is required along street frontages, except at vehicular openings. The applicant is requesting that an existing 4 foot-6 inch wide planter be allowed to remain and a new 4 foot wide planter be allowed along Edinger Avenue in order to maintain adequate vehicular circulation on -site. This item was first continued from the meeting of December 15, 1989, to the meeting of January 9, 1990, in order to allow staff to analyze potential circulation improvements at the adjacent Home Depot site. Staff concluded that the addition of a second major commercial entrance at Home Depot would not be desirable as it would necessitate the removal of approximately 14 existing parking spaces and would only be accessible to eastbound traffic on Edinger Avenue. At the January 9, 1990 meeting, the Commission expressed concern with suggested condition of approval No. 4.b., concerning the cashier/attendant required to be on duty, and with possible City or State laws concerning the required distance between schools or churches and facilities selling beer or wine. The item was continued to the meeting of January 23, 1990, with Texaco's concurrence. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. ,OFF ECOMMENDATION: Approve Conditional Use Permit No. 89-39 and Conditional Exception (Variance) No. 89-58 as modified, with findings and conditions of approval. PC Minutes - 1/23/90 -3- (4838d) THE PUBLIC HEARING WAS OPENED Floyd Shadwick, 6832 Edinger Avenue;,said his liquor store located in the center was.there before the school or church and that he carefully monitors his sales. He said, according to the ABC, that a proposed liquor store located that close to a school or church must be separated by a divided highway. 'He-feels•another liquor store in the area would be unfair to the children -,and parents of the community. I . . Sherry Dilley, representing•Grace-'Lutheran Church, 6931 Edinger Avenue, urged denial of the request since the poposed use is within 600 feet of a church -and school. There were no other persons present to speak for or against the request and the public.hearing~was closed. , It was felt by ;the _Commission that the -proposed -use with alcohol sales within 600 feet of a school or church was discretionary by the ABC. A vote to approve the convenience market as proposed and to approve without;.%.alcohol sales was suggested. A MOTION WAS MADE BY MOUNTFORD, SECOND BY LEIPZIG, TO APPROVE CONDITIONAL :USE PERMIT- NO. ;89,-39 •AND- .CONDITIONAL EXCEPTION (VARIANCE) NO. 89-58, AS PROPOSED, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE•FOLLOWING•VOTE: AYES: Niountford,, Bourgui,gnon, Leipzig NOES: Shomaker, Williams, Ortega, Kirkland ABSENT: None , ABSTAIN: None 0 04 A MOTION WAS MADE BY WILLIAMS, SECOND BY ORTEGA, TO APPROVE CONDITIONAL USE,PERMIT NO. 89-39 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 89-58, WITHOUT ALCOHOL SALES, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Oitega', Kirkland NOES: Mountford, Bourguignon, Leipzig ABSENT: None ABSTAIN: None j�IOTION PASSED 1. The location, site layout, and design of the proposed service station and convenience store properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. PC Minutes - 1/23/90 -4- (4838d) �J 2. The access to and parking for the proposed convenience store do not create an undue traffic problem, because all parking requirements are met on -site. 3. The proposed service station and convenience store substantially conform with the existing C2 (Community Business) zoning, and General Plan designation of General Commercial. 4. The proposed service station and convenience store (without the sale of beer and wine) will not adversely impact surrounding land uses because the business will be located at a commercial intersection, at least 100 feet from a school or church. FINDINGS FOR APPROVAL - CONDITIONAL —EXCEPTION (VARIANCE) N 1. There are 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. The lot is narrower than the currently required minimum for service station sites (126.5 feet x 150 feet versus 150 feet x 150 feet), reducing the area available to accommodate both required landscaping and vehicular circulation. 2. The granting of Conditional Exception (Variance) No. 89-58 for reduced landscape planter width of 6 feet in lieu of 10 feet will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming improvements in the neighborhood. The applicant is adding approximately 900 square feet of landscaping on the overall site and improving the appearance of the station. 3. The granting of this conditional exception from Section 9220.14(f)(5) of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide visual relief.from public rights -of -way. 4. The granting of the conditional exception for reduced landscape planter width will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 31, 1989, shall be the conceptually approved layout, with the following modification: a. Increase planter widths along Edinger Avenue to 6 feet. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. PC Minutes - 1/23/90 -5- (4838d) 3. b. 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. C. 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.. _.. d. The site plan shall include (or reference page) all Condit -ions : of . approva:l :.imposed -on the proj ect� printed verbatim. Prior to issuance of building permits, the applicant/owner shall complete -the following:: a. A-Landscape.Construction.Set.must be submitted to the -Departments of Community. Development and Public Works and must: be, approved.. ---A conceptual :plan :shall' be 'submitted prior .,to -full plans.. The Landscape Construction Set'shall include ajandscape plan-prepared=and-signed byja 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.'4The landscape plans shall -be In conformance -with Section 9608 and Article-922 of -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. b. A grading plan shall be submitted to the Department of Public Works for review showing improvements affecting drainage and it must be approved -(by issuance'of a grading permit). C. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. d. A planned sign program shall be submitted and all.signing. Said program shall be approved issuance of building permits for new signs. approved for prior to the 1 PC Minutes - 1/23/90 -6- (4838d) 4. Fire Department requirements are as follows: a. Plans must Show location of emergency shut-off. b. The cashier's work station inside the building, and/or the location of the windows shall be relocated so as to provide the cashier with a clear view of all pumps. Alternatively, Texaco may provide an attendant (in addition to the cashier) to monitor the pumps. Revised plans (should Texaco pursue this option) shall be reviewed and approved by the Fire Department and the Department of Community Development. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. 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. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 8. The parking area shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and 9. The conduct of all persons on or about the parking applicant shall be responsible for maintaining lot. free of litter the area adjacent to the premises over which he has control. 10. There shall be no coin -operated games maintained upon the premises at any time. 11. The sale of alcoholic beverages shall be prohibited. APPLICANT: LARRY CUBIT APPELLANT: SARAH DUNAVAN LOCATION: 211 Crest Avenue Conditional Exception (Variance) No 89-63 is a request to construct a fireplace within nine (9) inches of an interior property line in lieu of the required thirty (30) inches pursuant to Section 9110.7(a) of the Huntington Beach Ordinance Code. On December 13, 1989 the Zoning Administrator acted on and approved Conditional Exception No. 89-63 with findings and conditions of approval. Submitted is an appeal to the action taken by the Zoning Administrator. PC Minutes - 1/23/90 -7- (4838d) The proposed project is"categorically exempt pursuant1to Class 1, Section 15301 of the California Environmental Quality'Act. STAFF RECOMMENDATION: Deny the appeal and uphold the Zoning Administrator's approval of Conditional -Exception (Variance) No. 89-63 with findings. THE PUBLIC HEARING WAS OPENED A letter from Susan Lundin, Huntington Beach property owner, was read into the record stating her intention to -follow this matter for future reference when adding on to her home or any proposed building needs. She feels,if one person -is allowed to'build against the zoning code requirements that it -justifies others -building -in the same manner. Sarah Dunavan, 209 Crest Avenue, Appellant, spoke in opposition to the request. She said she -opposes the fireplace construction in the walkway between her.home_-and-her_neighbor6 because -it puts her personal privacy in jeopardy,.�it is -against the building code, and, if allowed, could influence the sale of her property. She submitted photographs into the record depicting the subject home in its original state and the subject home and fireplace -now -under -construction. She feels the building.code.should be -enforced with the requirement of a 30 inch clearance between buildings to -provide additional light and air circulation and increased buffer -distance between homes. She said the distance between.her.roof overhang and-the--proposed.fireplace measures-23 inches -and that the fireplace -is located only 9 inches from her property -line. _ Larry Cubit, 211 Crest, applicant,�was present -and stated that he is available to answer -any -questions from the Commission.' He said he did start construction before obtaining a building permit -and was advised by the Building Department to reinforce the existing fireplace for seismic purposes. Emil Gisler, 760 Main Street, spoke in opposition'to'the proposed fireplace construction: He said it is out of line and feels Ms. Dunavan has followed the right process in objecting to the construction. Imelda Lopez, 20262 Newby Lane, said she has visited the appellant's' home for many years and never observed'a fireplace or foundation for a fireplace at the next door residence. Louise Wilson, 1814 Florida Street, referred the Commission to the photograph of the house in its original state (with no fireplace).. She'said there was never a fireplace to reinforce. She suggested that the applicant construct an "inside wall" fireplace to avoid imposition on the neighbors. Mary Vaught, does not feel her neighbor should have to have a structure within 30 inches of her home. 1 PC Minutes - 1/23/90 -8- (4838d) Lance Jacot, 215 Crest Avenue, said he has resided in the neighborhood for 15 years. He said the original house had a protrusion where the fireplace is being constructed. He feels the addition/reinforcement of the fireplace will enhance the historical home and the neighborhood. There were no other persons present to speak for or, against the request and the public hearing was closed. Staff was asked to respond to the question regarding other variances that had been granted in the Downtown area. Herb. Fauland gave a brief history of variances granted by the Planning Commission and Zoning Administrator in the Downtown Area and throughout the City within the last two years. He said these two lots are developed with single family residence and are unique because they are both on 25 foot wide lots. In addition, he stated that any added architectural features/fireplaces require an exception to the sideyard setback requirement. He further stated that if staff can make the necessary findings that there is a land -related hardship when adding an architectural feature, they would recommend approval. A discussion ensued among the Commissioners. It was felt that since the fireplace was an architectural feature being added to the home and that the Fire Department had no problems with the access or easements between the two existing homes that the request should be approved. However, some of the Commission felt that if this request was approved it would encourage homeowners to build and construct additions to their homes without permits. The Commissioners also noted that even though a lot of people do not know that they need permits, the potential impacts or detrimental effects imposed on surrounding neighbors, when no building permit is obtained, should not be allowed. A MOTION WAS MADE BY KIRKLAND, SECOND BY MOUNTFORD, TO DENY THE APPEAL AND APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 89-63_WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, NOES: Ortega, Leipzig ABSENT: None ABSTAIN: None Williams, Kirkland, Bourguignon FINDINGS FOR APPROVAL: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, building or premises involved that do not apply generally to other property or uses in the same district. The subject property is zoned Low Density Residential (Rl) and is provided with approximately 25 feet of lot width which makes the site non -conforming as to lot width. The existing residence is provided with only a 2-1/2 foot interior side yard setback. PC Minutes - 1/23/90 -9- (4838d) 2. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property -line -in lieu of -the required 30 inches is necessary in order to preserve the enjoyment -of one or more substantial property rights. 3. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property line in -lieu of the required 30 inches will not be materially detrimental to the public health, safety and welfare, or injurious to -the land, property or improvements in the neighborhood. As conditioned to maintain free and clear interior side -yards, adequate access in emergency situations is provided. The encroachment-of.the proposed fireplace maintains adequate light, air, ventilation and emergency access for public -health, safety and the general welfare of the neighborhood.- 4. The granting of Conditional'Exception No. 89-63 for the construction of a fireplace within-9 inches of an interior side yard property line in lieu of the required 30 inches is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Low Density Residential (Rl) 5. The granting of Conditional Exception No. 89-63 for the construction of .a fireplace within 9 .inches of an -interior side yard property -line -in lieu •of _the required-30 inches -from Section•9110.7(a) of the Huntington Beach Ordinance Code will not defeat the general purposes or intent,of the code which is to provide adequate -interior side yards for light, air, ventilation and access. 6. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property, line in lieu _of the required 30 inches will not adversely affect the General Plan of the City of Huntington Beach. 7. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 89-63 is sought and will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL: 1. The site plan received and dated October,2, 1989 shall be the conceptually approved layout with the following modification: a. The applicant shall submit fully dimensioned elevations which depict height, materials and colors of'the proposed fireplace prior to final building permit inspection. PC Minutes - 1/23/90 -10- (4838d) b. The applicant shall incorporate the Historic Board's recommendations; painting or stuccoing the fireplace to match the existing house's exterior color and finish and not place any modern cap on the top of the fireplace. 2. The applicant shall obtain all necessary building permits for the construction of the proposed fireplace. 3. The existing northern interior side yard shall be kept free and clear. No additions, architectural features or any obstruction shall be constructed and/or placed along the northerly side yard. 4. The southern interior side yard to the rear of the proposed fireplace shall be kept free and clear. No additions, architectural features or any obstruction shall be constructed and/or placed along the southerly side yard. 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. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and the Fire Department. 7. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 8. The Planning Commission reserves the right to revoke Conditional Exception No. 89-63 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. C-3 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF SITE PLAN AMENDMENT NO, 89-6 APPLICANT: JAMES R. HETZLER LOCATION: 11750 Gothard Avenue (northeast corner of Gothard and Belva Avenues) Site Plan Amendment No. 89-6 is a request to permit access and construct a new drive approach on Gothard Avenue for an industrial complex. On December 6, 1989 the Zoning Administrator acted on and approved Site Plan Amendment No. 89-6 with findings and conditions of approval. Submitted for your consideration is an appeal to the action taken by the Zoning Administrator. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to.Class 1, Section 15301 of the California Environmental Quality Act. PC Minutes - 1/23/90 -11- (4838d) STAFF RECOMMENDATION: Overturn the Zoning Administrator's approval of Site Plan Amendment No. 89-6 and deny the request based on the findings outlined in Section 10.0 of this report. Public Works representative said'the approval process on the overall development of`four lots from the original one lot reaching from Gothard Street to Metzler Lane has resulted in a configuration that prevents truck/trailet access to the available openings. He said the developer built the site in a way that anticipated the problems and the needs'and"because this•situation was in part,the result of recommendation and agency approval, the new owner is'a victim of the consequences. He feels the remedy of placing the added access on the arterial highway, in violation of accepted policy and practice, is recommended for approval to mitigate the error made by the agency. He feels that future recommendations on parcel access should not be allowed to vary based on the "saleability" of the parcels' and that staff's recommendation must be based on the established policies and practices that have served the City well, so far. COMMISSIONER BOURGUIGNON STATED HE WOULD BE ABSTAINING FROM THE ITEM DUE TO ADVICE FROM THE FAIR POLITICAL PRACTICES COMMISSION SINCE THE APPLICANT IS HIS NEIGHBOR. THE PUBLIC HEARING WAS OPENED James Hetzler, applicant, spoke in support of the request. He said without approval or some compromise he will be burdened with an empty building.- He said -he has not been able to lease his building because there is a parking problem. His tenant, a mirror manufacturer, presently complains because there is no access to the site. He applied for a new drive approach which would allow safe access to the site and urged the Commission to•approve. There were no other persons present to speak for or against the request and the public hearing was closed. The following suggestions and recommendations were made in regard to access to the site. It was the consensus of the Commission'to preserve the integrity of the industrial, improve the circulation problem and insure safety at the site. A recommendation was made to use the collector street as access to the site, not the arterial street. The Commission recognized that this project is encumbered with hardships (i.e. no access from Gothard, however business street address is Gothard Street; illegal sign on site due to impossible street visibility) and felt that a solution must be reached to solve the problems. One suggestion, if access to Gothard was approved, would be to have protected curb cuts with either a gate or non -entry spikes. Another suggestion was to have right-thru lanes only with striping on Gothard (no left turns) and radius curbing. PC Minutes - 1/23/90 -12- (4838d) It was also felt by the Commission that the City was correct when approving this building and that there should not. be access onto Gothard because it would create a very hazardous/unsafe condition because of its poor visibility. Access taken from Belva Street was suggested since it is a minor street rather than an arterial and since trucks can back onto Belva when loading and unloading like they usually do in industrial neighborhoods. A.MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO OVERTURN THE ZONING ADMINISTRATOR AND DENY SITE PLAN AMENDMENT NO. 89-6 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Ortega, Leipzig NOES: Shomaker, Mountford, Williams, Kirkland ABSENT: None ABSTAIN: Bourguignon A MOTION WAS MADE BY WILLIAMS, SECOND BY LEIPZIG, TO UPHOLD THE ZONING ADMINISTRATOR AND APPROVE SITE PLAN AMENDMENT NO. 89-6 WITH REVISED PLANS AND FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Leipzig NOES: None ABSENT: None ABSTAIN: Bourguignon ,;• 0• :�� A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, TO AGENDIZE SITE PLAN AMENDMENT NO. 89-6 AS A NON-PUBLIC HEARING ITEM AT THE FEBRUARY 6, 1990 PLANNING COMMISSION MEETING, TO REVIEW AND APPROVE REVISED DETAILED PLANS AND CONDITIONS, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Ortega, Kirkland, Leipzig NOES: None ABSENT: Williams (Out of Room) ABSTAIN: Bourguignon 1. The proposed revision to permit access and construct a new drive approach on Gothard Avenue does not constitute a substantial change. 2. The proposed revision to permit access and construct a new drive approach on Gothard Avenue does not change the use of the property. PC Minutes - 1/23/90 -13- (4838d) 3. The revision to permit access and construct a new drive approach on Gothard Avenue results in an improved development by developing improved on -site circulation and adequate truck and vehicular access. 4. The revision to permit access and construct a new drive approach on Gothard Avenue does comply with all applicable provisions of the Huntington Beach Ordinance Code. �K• • • ;.._ X 1. The site plan dated November 6, 1989 shall be the approved layout with the following modification: a. A "No Left Turn" exit sign shall be placed at proposed drive approach. b. A striping plan shall be submitted and a driveway apron be designed on Gothard Avenue to prevent left -turn movements out of the site onto Gothard Avenue as well as to the site directly from Gothard Avenue. The plan shall be subject to review and approval by the Department of Public Works, Community Development Department and Planning Commission. 2. All other conditions of approval for previously approved Administrative Review No. 88-3 and Tentative Parcel Map No. 88-149 shall remain in effect. 3. The Fire Department requirements are as follows: a. Provide and maintain 27 ft. wide unobstructed drives. b. The applicant shall meet all applicable local, State and Federal Fire Codes,.Ordinances and standards. 4. The applicant shall obtain all necessary Public Works permits. 5. The development shall comply with all applicable provisions of the Huntington Beach Ordinance Code, Building Division and Fire Department. APPLICANT: MADDUX CONSTRUCTION LOCATION: 421 Fourteenth Conditional Use Permit No. 89-68 is a request for a 232 square foot dining room addition to one unit of a nonconforming four -unit apartment building. Additions of up to ten percent of the gross building area are permitted subject to a conditional use permit pursuant to Section 9652 of the Huntington Beach Ordinance Code. 1 PC Minutes - 1/23/90 -14- (4838d) ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. RKWAS14_-!�10 DAIJ ow_ G Deny Conditional Use Permit No. 89-68 with findings. THE PUBLIC HEARING WAS OPENED Gerry Alstadter, Maddux Construction, spoke in support of the request. He said he was not aware of the condition requiring a sprinkler.system and would like to further discuss it with the property owner and fire department. He further stated that even though the building is non -conforming this construction will improve and enhance the appearance and improve the neighborhood. He urged approval of the request. Billie Wells, 421 Fourteenth, said she did not understand the requirement of a sprinkler system; she feels the condition is pretty harsh. She said she is very committed to the project and has already spent $15,000. There were no other persons present to speak for or against the request and the public hearing was closed. The Commission felt that the request to build out an already fenced in area was advantageous and would not be detrimental to the surrounding area. They also felt that the condition to require sprinklers was excessive and suggested a modified condition (i.e. a four-hour fire wall separating the garage from the main dwelling in lieu of the complete sprinkler system). A MOTION WAS MADE BY MOUNTFORD, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 89-68, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: ' AYES: Shomaker, Mountford, Ortega, Kirkland, Leipzig NOES: None ABSENT: Williams, Bourguignon (Out of Room) ABSTAIN: None FINDINGS FOR APPROVAL: 1. The alteration is necessary to improve the aesthetic appearance of the structure's architecture by bringing the interior design into greater conformance with the surrounding neighborhood. 2. The dining room does not increase the number of stories. PC Minutes - 1/23/90 -15- (4838d) 3. The dining room addition is less that 10 percent of the gross floor area of the existing -structure. 4. The dining room addition will not have an adverse impact on adjacent properties. CONDITIONS OF APPROVAL: 1. The site plan,,,,floor-•plans, and elevations received and dated r December 1, 1989 shall.be the conceptually approved layout with the following,modification: a. The two and one-half (2-1/2) foot alley dedication shall be shown on the site plan. 2. The applicant shall file a parcel map request to consolidate Lots 21 and 23 of Huntington Beach Tract. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy.- 3. The alley shall be dedicated to Public Works Standards. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. Since the structure will be greater than 5,000 square feet, a four hour fire wall separating the garage from the main dwelling shall be required. 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. Construction shall,be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The Planning Commission reserves the right to revoke - Conditional Use Permit No. 89-68 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. D-1 CONDITIONAL USE PERMIT SO, 88-40 (ANNUAL REVIEW OF FAMILY BILLIARDS AND ARCADE CENTER) - APPLICANT: ROCKETS "N" POCKETS, BENCO BEACH, LTD. LOCATION: 19092 Beach Boulevard, Suite L (Plaza De La Playa) On October 18, 1988, the Planning Commission approved Conditional Use Permit No. 88-40, a request to permit a family billiards and PC Minutes - 1/23/90 -16- (4838d) 1 arcade center known as "Rockets and Pockets" located at 19091 Beach Boulevard (units JKLM). Condition No. 12 states that: "Conditional Use Permit 88-40 shall be approved for an initial period of five years with a six month review from the date of issuance of Certificate of Occupancy and report to the Planning Commission to insure compliance with all conditions of approval." On June 20, 1989, the Land Use Section conducted an inspection of the subject site. At that time the family billiards and arcade center was found to be in substantial compliance with the conditions of approval. The Planning Commission accepted the review and directed staff to schedule an annual review. On November 7, 1989, the Planning Commission approved revisions to Conditions of Approval numbers 3, 4, and 6 which allowed for increased hours of operation, decreased employee age, and decreased security guard hours. As of January 10, 1990, the Vice Unit of the Huntington Beach Police Department and the Land Use Section has not received any citizen's complaints regarding the subject business. In addition, the on -site security guard stated that no loitering or other undesirable activities have occured within the parking areas. On January 13, 1990, from 11:15 PM to 12:50 AM on January 14, 1990 the Land Use Section inspected "Rockets and Pockets" for compliance with the revised conditions of approval. The inspection revealed that the business was found to be in non-compliance with three conditions of approval. The age of employees, closing time, and security guard hours were found to be in non-compliance. •0!I INWEOVE Staff recommends that the Planning Commission schedule a revocation hearing of Conditional Use Permit No. 88-40 within 30 days unless the applicants are able to demonstrate immediate and consistent compliance with the Conditions of Approval. Frank Bennett, owner, took issue with three of the citings made by the Land Use Inspector. They are as follows: 1. #3 - Hours of operation - he said his operation was still open two minutes after closing time but that there were no paying customers in the establishment, only employees. 2. #4 - Age of employees - he said all of his employees are over 18 and that according to his computer readouts on the date in question all legal -aged employees were present. 3. #6 - Security Guard - he said on the night in question it was raining and his manager allowed the guard to go home early. PC Minutes - 1/23/90 -17- (4838d) Mr. Bennett said there have been two subsequent inspections since the January 14th. inspection and that no violations have been found. He said he would like to stay in business and feels the inspections have been severe: The Planning Commission complemented the owner and staff of Rockets and Pockets for their follow up and response to investigations. It was felt that Rockets and Pockets have demonstrated consistent compliance with the conditions of approval. A MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO CONTINUE ANNUAL REVIEWS OF CONDITIONAL USE PERMIT NO. 88-40 WITH NO REVOCATION HEARING SCHEDULED, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None . •� • • Di. E-1 CODE AMENDMENT NO, 88-12 - OFF-STREET PARKING AND -ON -SITE PLANNING COMMISSION At the December 21, 1989 Planning Commission meeting, this item was continued with direction to staff to prepare a legislative draft incorporating the changes discussed in the previous study session. The Code Amendment was continued to February 6, 1990,-to allow staff time to make'the necessary modifications and circulate for comments .from the Public Works and Fire Departments. Direct staff accordingly. A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS, TO SCHEDULE CODE AMENDMENT NO. 88-12 FOR A STUDY SESSION ON FEBRUARY 21, 1990, AND POST FOR PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None NOTIQN PASSED PC Minutes - 1/23/90 -18- (4838d) A MOTION WAS MADE BY LEIPZIG, SECOND BY WILLIAMS, TO INCLUDE SPECIAL CONCERNS NOT ADDRESSED IN THE CODE AMENDMENT DURING DISCUSSION AT THE FEBRUARY 21 STUDY SESSION, REGARDING SENIOR HOUSING, BY THE FOLLOWING VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Leipzig NOES: Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED F. PLANNING COMMISSION INQUIRIES Commissioner Kirkland suggested that Public Works investigate the left -turn and divided highway marker system used by the City of Garden Grove. G. PLANNING COMMISSION ITEMS Howard Zelefsky briefly discussed the upcoming "Planning Commission Instutute" being held the week of March 21, 1990, with the Commissioners. He said the neat packet would contain more information. H. COMMUNITY DEVELOPMENT ITEMS Mike Adams reiterated action taken by the City Council at their January 22, 1990 meeting. I. ADJOURNMENT A MOTION WAS MADE AT 11:03 PM BY SHOMAKER, SECOND BY WILLIAMS, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED MEETING AT 7:00 PM, TUESDAY, FEBRUARY 6, 1990, BY THE FOLLOWIN VOTE: AYES: Shomaker, Mountford, Williams, Ortega, Kirkland, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED (left at 9:45 PM ill) /kla APPROVED Y: o t v4 Mike Adams, Secretary Planning Commi sion Chairman PC Minutes - 1/23/90 -19- (4838d)