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HomeMy WebLinkAbout1991-02-05APPROVED 4116191 ---------------- 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 5, 1991 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Richardson, Newman, Shomaker, Kirkland, Ortega P P Bourguignon, Leipzig A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. Spencer Sheldon, expressed appreciation to Jan Shomaker and Roy Richardson for their participation in events to help the American Heart Association. B. PUBLIC HEARING ITEMS A MOTION WAS MADE BY ORTEGA, SECOND BY RICHARDSON, TO MOVE ITEM B-7 CODE AMENDMENT NO. 91-1 AND NEGATIVE DECLARATION NO. 91-2 FORWARD ON THE AGENDA, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig THE MINUTES WILL REFLECT THE NORMAL NUMBERING ORDER OF THE PUBLIC HEARING ITEMS. B-1 TENTATIVE PARCEL MAP NO 90-268/CONDITIONAL USE PERMIT NO. 90-45 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-31/MEADOWLARK MASTER PLAN: APPLICANT: PACIFIC DEVELOPMENT GROUP LOCATION: 5141 Warner Avenue (North side of Warner Avenue approximately 600 feet east of Bolsa Chica Street) (see map) Conditional Use Permit No. 90-45 is a request for a 122,665 square foot shopping center with a special permit for 4.9 percent compact parking. Conditional Exception (Variance) No. 91-31 is a request to encroach into the 50 foot landscape setback on Warner Avenue. Tentative Parcel Map No. 90-268 is a request to parcelize the Meadowlark Airport site into three (3) parcels; parcels one and two for the shopping center and parcel three for the remaining residential area. The Meadowlark Masterplan is a requirement of the Meadowlark Specific Plan and is intended to provide a guide to the future development and phasing of the entire Meadowlark site. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 90-45, Conditional Exception (Variance) No. 91-31 and Tentative Parcel map No. 90-268 with findings and suggested conditions of approval. Also approve Meadowlark Conceptual Master ■ Plan with findings and suggested conditions. A discussion ensued among the Commissioners regarding rear access, drainage, perimeter buffer, the pedestrian plan in the Master Plan, sidewalks and soils testing. Staff responded to the Commissioners concerns. THE PUBLIC HEARING WAS OPENED. Cheryle B. Browning, 16771 Roosevelt Lane, spoke against the requests. Ms. Browning asked staff to present the applicant's Alternative "A". Hal Simmons, Senior Planner, explained to the Commission that Alternative "A" was a concept introduced by the applicant, it was not a staff recommendation. Ms. Browning felt there had not been enough review time to make a decision. Mark J. Browning, 1677 Roosevelt Lane, stated he was not adverse to higher density, but felt a redistribution of that density should occur. Mr. Browning also stated he was in favor of the applicant's Alternative "A". Barbara Skowronski, 5311 Overland Drive, stated her concerns regarding the buffer, limited space between townhomes and felt there is no need for a day care in the area. PC Minutes - 2/5/91 -2- (9062d) fl Kathy Meyers, 16631 Graz Circle, reiterated points made by the two previous speakers. Ms. Meyers also asked the Commission to consider redistribution of density. Sally Graham, 5161 Gelding Circle, spoke against the request. She was concerned with increased traffic and density. John Calcagno, 16672 Parlay Circle, spoke against the request. He was concerned with density increase and distribution and the impacts to his family. He stated other alternatives should be considered. Morse Galloway, Consultant Representative, stated he was there to answer any questions the Commission may have. Mr. Galloway explained that Alternative "A" was one of many alternatives presented to staff, but their presentation to the Commission consisted of only the ones staff felt were most desirable. Dave Powell, #1 Corporate Plaza, Newport Beach, Pacific Development. Mr. Powell discussed with staff some of the conditions of approval contained in the staff report. Ken Kaplan, 401 Pinecrest Drive, was concerned with some conditions not complying with what was contained in the Development Agreement. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed adding a condition to the shop pads that would require a conditional use permit in order to review the use before it goes in. A MOTION WAS MADE BY ORTEGA, SECOND BY LEIPZIG, FOR A STRAW VOTE TO CONSIDER AN ADDITION TO THE CONDITIONS OF APPROVAL THAT STATES: "ANY PROPOSED USE IN SHOPS/PAD D SHALL BE REVIEWED BY THE PLANNING COMMISSION PRIOR TO TENANT IMPROVEMENTS", BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/5/91 -3- (9062d) A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, FOR A STRAW VOTE TO CONSIDER ADDING TO THE PREVIOUS CONDITION AMENDMENT BY STRAW VOTE THE FOLLOWING WORDS: "AND SHALL BE LIMITED TO USES WHICH DO NOT INVOLVE FOOD COOKED ON THE PREMISES.", BY THE FOLLOWING VOTE: AYES: Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: Richardson, Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED The Commissioners discussed the Alternative "A" plan, brought to point by the public speakers. They also discussed with staff the effect redistribution of density would have on the project. A MOTION WAS MADE BY LEIPZIG, SECOND BY SHOMAKER, TO APPROVE TENTATIVE PARCEL MAP NO. 90-268, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 91-31 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY ORTEGA, SECOND BY NEWMAN, TO APPROVE MEADOWLARK MASTER PLAN ALTERNATIVE "A" WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Ortega, NOES: Shomaker, Kirkland, Leipzig ABSENT: None ABSTAIN: Bourguignon SPLIT VOTE - MOTION FAILED A MOTION WAS MADE BY SHOMAKER, TO APPROVE MEADOWLARK MASTER PLAN AS WRITTEN. MOTION DIED FOR LACK OF A SECOND. PC Minutes - 2/5/91 -4- (9062d) A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE MEADOWLARK MASTER PLAN WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Ortega, Leipzig NOES: Shomaker, Kirkland, Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY ORTEGA, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 90-45 WITH SPECIAL PERMITS, WITH FINDINGS AND CONDITIONS OF APPROVAL. THE MOTION WAS MOVED BY LEIPZIG, SECOND BY ORTEGA, TO BE AMENDED TO INCLUDE NO COMPACT PARKING BY THE FOLLOWING VOTE: AYES: Kirkland, Ortega, Leipzig NOES: Richardson, Newman, Shomaker, Bourguignon ABSENT: None ABSTAIN: MOTION FAILED 0 THE ORIGINAL MOTION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 90-268: 1. The size, depth, frontage, street width and other design features of the proposed subdivision for commercial and residential development are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan Designation of Planned Community and zoning of Meadowlark Specific Plan were adopted. 3. The General Plan has set forth provisions for commercial and residential development as well as setting forth objectives for the implementation of this type of use. 4. The site is relatively flat and physically suitable for the proposed commercial and residential uses. PC Minutes - 2/5/91 -5- (9062d) 5. Tentative Parcel Map No. 90-268 is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-31: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings and premises that do not apply generally to other property or uses in the district because the site is governed by the Meadowlark Specific Plan which is more restrictive than standard zoning. Also, the site area is reduced by the need for a public street through the project as well as other requirements for interior side yard landscaping and building location. 2. The granting of a conditional exception for reduction in front landscape setback is necessary in order to preserve the enjoyment of one or more substantial property rights because of other unusually restrictive development standards. 3. The granting of Conditional Exception (Variance) No. 91-31 for reduction in front landscape setback will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming improvements in the neighborhood. 4. The granting of this conditional exception from Section N.4.d of the Meadowlark Specific Plan will not defeat the general purposes or intent of the Specific Plan which is to provide an attractively landscaped shopping center frontage. 5. The granting of the conditional exception for reduction in front landscape setback will not adversely affect the General Plan of the City of Huntington Beach. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-45: 1. The location, site layout, and design of the proposed shopping center properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of one proposed use to another on the site are properly integrated. 3. The access to and parking for the proposed shopping center does not create an undue traffic problem. 4. The proposed shopping center is consistent with the General Plan land use designation of Planned Community. 5. The proposed shopping center is in general conformance with the standards and specifications of the Meadowlark Specific Plan as well as with the Huntington Beach Ordinance Code. PC Minutes - 2/5/91 -6- (9062d) 1 FINDINGS FOR APPROVAL - SPECIAL PERMIT:. 1. A special permit to allow 4.9% of the parking spaces for the shopping center to be compact spaces is consistent with the requirements of the Huntington Beach Ordinance code. 2. The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. 3. The special permit will result in a more effective and efficient circulation pattern and parking layout. 4. The special permit will enhance the general appearance of the development and its surroundings. 5. The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. FINDINGS FOR APPROVAL - CONCEPTUAL MASTER PLAN: 1. The Meadowlark Conceptual Master Plan received and dated January 29, 1991 is consistent with the standards and requirements of the Meadowlark Specific Plan. 2. The Meadowlark Conceptual Master Plan is consistent with the goals and policies of the Huntington Beach General Plan. 3. The Meadowlark Conceptual Master Plan shall serve as a guide for the future phased development of the Meadowlark site. NDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 90-26 1. The Tentative Parcel Map received by the Department of Community Development on January 29, 1991 shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Roosevelt Lane South shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed. 6. All utilities shall be installed underground at the time said parcel(s) is/are developed. 7. Compliance with all applicable City Ordinances. PC Minutes - 2/5/91 -7- (9062d) 8. A copy of the recorded parcel map shall be filed with the Department of Community Development. 9. The applicant shall file, through the Huntington Beach City Clerk's office, and have recorded with the Orange County Recorder's Office, a Certificate of Compliance in conjunction with the approved plat map. A copy of the recorded Certificate of Compliance and plat map shall be filed with the Department of Community Development prior to issuance of building permits on the subject property. 10. All vehicular access rights along Warner Avenue shall be released and relinquished to the City of Huntington Beach except at locations identified on the site plan dated January 29, 1991 approved by the Planning Commission. 12. Roosevelt Lane South shall be renamed subject to review and approval by the Fire Department. 12. Roosevelt Lane and the Spine Road shall be offered for dedication to the City as public streets. 13. A landscape license agreement to perform all maintenance necessary to the landscaping installed in public right-of-way areas on the Spine Road shall be imposed. 14. Additional maps shall be required for residential development on Parcel Three (3). CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-45: 1. The site plan, floor plans, and elevations received and dated January 29, 1991 shall be the conceptually approved layout with the following modifications: a. The twenty-nine (29) parking spaces located behind Shops 2 and 3 shall be relocated to the front of the shopping center or shall be provided with rear customer access to the center. Alternatively, an employee parking study demonstrating need for employee parking may be submitted to the Planning Commission for review and approval in lieu of relocating some or all of the 29 spaces. b. Roosevelt Lane shall be renamed subject to review and approval by the Fire Department. c. Twenty (20) feet of landscaping shall be provided along each side of the Spine Road. 2. Any proposed use in Shops/Pad D shall be reviewed by the Planning Commission prior to tenant improvements and shall be limited to uses which do not involve food cooked on the premises. PC Minutes - 2/5/91 -8- (9062d) 3. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. d. Elevations shall depict colors and building materials proposed. e. 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. f. 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. g. Any contaminated soils shall be properly identified and a remediation plan submitted pursuant to the standards and procedures of the Orange County Health Care Agency, the California Health and Safety Code, the California Code of Regulations, Title 23 and the Huntington Beach Fire Department. h. The Phase II archeological assessment shall be completed and submitted to the Planning Commission for review prior to submittal for building permits. i. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. j. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 2/5/91 -9- (9062d) 4. 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 9607 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. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. All applicable Public Works fees shall be paid. e. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees. f. Perimeter fencing plans shall be submitted for review and approval which depict decorative materials. g. A planned sign program shall be submitted and approved for all signing. Said program shall be approved prior to the first sign request. 5. The Public Works Department requirements are as follows: a. The developer shall submit water improvement plans, on a separate utility plan, showing service connections to all lots, fire hydrants and other appurtenances in accordance with applicable U.P.C., Ordinances and Public Works Standards. These plans shall be approved by the Public Works Water Division. 1 PC Minutes - 2/5/91 —10- (9062d) 1 J b. The water system shall be located with vehicular travelways and dedicated to the City. The Developer/Homeowner's Association shall be held responsible for repairing any enhanced pavement, if the water mains, etc., require repair or maintenance. c. A water availability study shall be conducted prior to the issuance of any building permits. The developer shall be responsible to work with the City's Water Division for the design and implementation of a plan to provide adequate water service to the project without a significant negative impact to the overall water system. However, the foregoing is not intended to affect the obligations set forth in the Development Agreement. d. The Developer shall submit a water conservation plan identifying mitigation measures for approval by the City Staff including but not limited to: 1) Reducing the peak hour demands. 2) Reducing on -going demands on water supply and storage facilities. e. Developer shall submit water system hydraulic calculations to ensure system adequacy and line sizing. No ten inch (10") lines will be allowed. Twelve inch (12") water mains shall be used if calculations shown ten inch (10") line capacities. f. The water system shall have two sources, i.e., looped. No dead ends. The water system shall be installed per the Public Works Department's standards, ordinances and policies. g. No combustible construction shall occur until an approved water system is installed. h. Low volume fixture heads shall be incorporated into the design of the water system of each unit. i. Developer shall use "drought tolerant" plants and turf for all common area landscaping. Landscape plans shall be approved by the Department of Public Works. j The automatic irrigation system within the public right-of-way shall be provided at water source and electrical source which is separate from the private property landscape improvements. k. Each unit shall have a separate 2-inch water service, 2-inch meter and backflow devise. 1. All common area landscaping shall have a separate water service for irrigation. PC Minutes - 2/5/91 -11- (9062d) MR m. The Developer shall construct a 12-inch water line in Warner Avenue dedicated for Green Acres Project use in the area fronting the development. All common area irrigation shall be connected to this water line. n. On -site sewers shall be private. o. Installation of a traffic signal at Greentree Lane and Warner Avenue will be required. p. The developer will be responsible for the payment of the Traffic Impact fees at the time of final inspection. q. Submit a soils report and grading plan for Public Works approval. r. Full Public Works improvements are required to the centerline of Warner Avenue. s. Hydrology/Hydraulic studies shall be submitted, including an interim drainage plan for the entire Meadowlark site. t. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. u. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works Department approved method. v. A sewer study shall be submitted for Public Works Department approval. The developer shall design and construct the on -site and off -site sewer system required to serve the development w. A Parkway License Agreement shall be required whereby the shopping center owner shall maintain landscaping within public right-of-way along the portion of the Spine Road within the shopping center property covered by this conditional use permit. Fire Department requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. 1 PC Minutes - 2/5/91 -12- (9062d) b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following. 1) Water flow, valve tamper and trouble detection. 2) 24 hour supervision. c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire code Standards. d. On -site fire hydrants will be provided in number and at locations specified by the Fire Department. e. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No. 415. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. f. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: 1) The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. 2) Individual units will be sized a minimum of four (4)-,inches with a brush stroke of one-half (1/2) inch. g. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department Standards. h. Dimensions for Fire Access includes 24' or 27' fire lanes, turnarounds and 17' by 45' radius turns. Comply with Huntington Beach Fire Department Standard No. 401. i. Names of streets must be approved by the Huntington Beach Fire Department prior to use. Comply with Fire Department Standard 409. j. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. k. Any oil wells on the site shall be located and re -abandoned to City and Division of Oil and Gas specifications and standards. PC Minutes - 2/5/91 -13- (9062d) 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 8. 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. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 10. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 13. An on -site qualified archaeologist shall monitor all initial grading and excavation activities. a. Should any cultural materials be encountered during initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. b. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. 14. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. PC Minutes - 2/5/91 -14- (9062d) b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. A landscape license agreement to perform all maintenance necessary to the landscaping installed in public right-of-way areas on the Spine Road. e. A program for participation in OCTD "Commuter Network" shall be submitted by the shopping center. f. Parcel Map No. 90-268 shall be recorded. CONDITIONS OF APPROVAL - MEADOWLARK CONCEPTUAL MASTER PLAN: 1. The Meadowlark Conceptual Master Plan received and dated January 29, 1991 shall be the approved Master Plan with the following modifications: a. Residential vehicular access from Roosevelt Lane South shall be limited to a fire emergency gate only. However, limited residential access may be requested pursuant to review and approval of the Phase Two residential project. b. A possible future bus turn out/shelter facility shall be located on Heil Avenue. c. The distribution of densities shall be modified to provide a 100 foot strip of Low Density Residential south of Pearce Drive along Roosevelt Lane North. An equal acreage of Medium High Density Residential shall be extended northward along the western side of the Spine Road. 2. Design of Heil Avenue must include provision of right-of-way to allow left -turn lanes at Del Mar and permit on -street parking to remain in place on the north side of Heil, in this area. 3. The Spine Road through the PRD shall not have any direct access from individual lots, but only via local access streets. No guard gates shall be on public street. 4. Phasing of project should include traffic study update for each phase, to predict impact and needed adjustments. 5. Installation of traffic signal at Del Mar/Heil shall be required with first residential phase. 6. Proportional share of Heil/Graham signalization shall be paid prior to start of final residential phase, as determined by traffic signal warrants. PC Minutes - 2/5/91 -15- (9062d) 7. The permanent Spine Road circulation system shall be completed prior to issuance of the first residential occupancy permit. A temporary Spine Road shall be permitted during Phase Two (2) construction subject to the following requirements: a. Construction plans for the permanent Spine Road shall be approved prior to construction of the temporary road. b. The temporary road shall comply with Public Works and Fire Department standards for width and paving type. c. The temporary road shall follow the general alignment of the permanent Spine Road. d. An interim drainage plan shall be approved by Public Works prior to construction of the temporary road. 8. Phase II archeological studies for each phase of development shall be completed and approved by the City prior to issuance of building permits for the phase. 9. An interim fire access to Pearce Drive shall be prepared for review and approval by Community Development, Fire Department and Public Works. 10. An interim paving plan for Pearce Drive, 400 feet east of Roosevelt Lane shall be constructed concurrent with development of Phase Two (2). 11. A commitment to serve the project shall be received from the Orange county Sanitation District and the City Water Department prior to issuance of building permits for any phase of development. 12. All standards and requirements of the Meadowlark Specific Plan shall continue to apply. B-2 CONDITIONAL USE PERMIT NO, 89-6(D)/TENTATIVE PARCEL MAP NO, 90-182/NEGATIVE DECLARATION NO. 90-19: APPLICANT: THE DAHL COMPANY LOCATION: West side of Goldenwest Street approximately 500 feet south of Ellis Avenue The Dahl Company is requesting to amend Conditional Use Permit No. 89-6(D) which is the Masterplan of Development for three (3) previous tracts and add a 1.56 acre parcel. Tentative Parcel Map 90-182 is a request by the Dahl Company to subdivide a 1.56 acre parcel into four (4) lots on the west side of Goldenwest Street approximately 500 feet south of Ellis Avenue. PC Minutes - 2/5/91 -16- (9062d) STAFF RECOMMENDATION: Approve Negative Declaration No. 89-6(D) and Tentative Parcel Map suggested conditions of approval. 90-19, Conditional Use Permit No. No. 90-182 with findings and A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO CONTINUE CONDITIONAL USE PERMIT NO. 89-6(D), TENTATIVE PARCEL MAP NO. 90-182 AND NEGATIVE DECLARATION NO. 90-19 TO THE FEBRUARY 20, 1991 PLANNING COMMISSION MEETING, AT THE WRITTEN REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig B-3 CONDITIONAL USE PERMIT NO, 90-53 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE) NO. 90-45: APPLICANT: GLENNA AND DENNIS MCKEOWN LOCATION: 706 - 14th. Street (Eastside of 14th. Street approximately 50 feet north of Palm Avenue) Conditional Use Permit No. 90-53 in conjunction with Conditional Exception (Variance) No. 90-45 is a request to permit a 642 square foot second unit (Granny unit) to an existing single story single family residence pursuant to Section 9110.3 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 90-45 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 911, (Low Density Residential District) in the following areas: 1. Section 9110.3(b) specifies that the minimum lot area to permit a second unit is 6,000 square feet. The applicant is requesting a minimum lot area of 5,750 square feet. 2. Section 9110.9(c) specifies that the minimum open space requirement shall be 900 square feet with a minimum dimension of 20 feet. The applicant is requesting a minimum open space area of approximately 775 square feet. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 90-53 and Conditional Exception (Variance) No. 90-45 as modified by staff with findings and suggested conditions of approval. PC Minutes - 2/5/91 -17- (9062d) THE PUBLIC HEARING WAS OPENED. Cathy Garland, Designer, explained to the Commission that the project had been designed to ordinance. Dennis McKeown, Applicant, stated that it has taken him three (3) years to design this addition to be compatible with the neighborhood. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 90-53 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 90-45, WITH FINDINGS AND CONDITIONS OF APPROVAL AS REQUESTED BY THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon NOES: Leipzig ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 90-53: 1. The location, site layout, and design of the proposed second unit addition properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of the second unit to the existing single family residence are properly integrated. 3. The access to and parking for the proposed second unit addition does not create an undue traffic problem. The site is provided with four (4) on -site parking spaces. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-43: 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 existing lot (after dedication) has only 5,750 square feet of lot area and has only 50 feet of lot width. 2. The granting of a conditional exception for a reduction in open space and lot area is necessary in order to preserve the enjoyment of one or more substantial property rights. The remaining lots in the vicinity are of the same lot width, lot depth and lot area. PC Minutes - 2/5/91 -18- (9062d) 3. The granting of Conditional Exception (Variance) No. 90-43 for a reduction in open space and lot area will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. The remaining lots in the vicinity are of the same lot width, lot depth and lot area. 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. 5. Conditional Exception (Variance) No. 90-43 for granting of a reduction in minimum open space area will not reduce the required total open space area of 900 square feet. The applicant provides a minimum of 935 square feet of usable open space. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated January 25, 1991 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. b. The following safety and conservation measures for the new unit shall be implemented: 1) Insulation of accessible attic areas to R-19. 2) Weatherstripping of doors and windows. 3) Installation of low flow shower heads and facets certified by the California energy commission. 4) Installation of approved smoke detectors. d. Elevations shall depict colors and building materials proposed. e. The Community Development Department shall review and approve the following: (a) Site plan and elevations pursuant to Condition No. 1. (b) Proposed structures shall be architecturally compatible with existing structures. PC Minutes - 2/5/91 -19- (9062d) f. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. b. All applicable Public Works fees shall be paid. C. A parcel map consolidating lots 6 and 8 in block 713 of Wesly Park Section shall be submitted. Said map shall be recorded prior to final inspection and a copy submitted to the Department of Community Development. d. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. During construction, the applicant shall: a. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); b. Discontinue construction during second stage smog alerts. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. PC Minutes - 2/5/91 -20- (9062d) 1 9. Pursuant to Article 911 of the Huntington Beach Ordinance Code, the following conditions shall apply: a. The second unit shall not be sold separately from the main dwelling. b. The second unit shall comply with all applicable land use regulations of the Huntington Beach Ordinance Code except as specified. C. The park and recreation fee shall be assessed at twenty-five (25) percent of the fee for a single family residence as set by resolution of the City Council. d. No separate utility meters shall be permitted for the second unit. 10. The Planning Commission reserves the right to revoke this conditional use permit and conditional exception (variance) if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. 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, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 12. Conditional Use Permit No. 90-53 and Conditional Exception (Variance) No. 90-45 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. B-4 APPEAL OF THE ZONING ADMINISTRATOR"S DENIAL OF USE PERMIT NO. 90-56• APPLICANT/ APPELLANT: CARL KARCHER ENTERPRISES LOCATION: 6882 Warner Avenue (South side of Warner Avenue approximately 670 feet west of Goldenwest Street) The applicant has requested that this item be withdrawn due to existing on -site and off -site constraints. Staff concurs with the request. REQUEST WITHDRAWN AT THE REQUEST OF THE APPLICANT PC Minutes - 2/5/91 -21- (9062d) B-5 CONDITIONAL USE PERMIT NO. 90-69: APPLICANT: JAMES C. DIEFENBACK JR. LOCATION: 15011-15021 Edwards Street (West Side of Edwards, 115 feet south of Bolsa Avenue) Conditional Use Permit No. 90-69 is a request to allow an animal (veterinary) clinic within an existing retail center located on the west side of Edwards Street, 135 feet south of Bolsa Avenue pursuant to Section 9220(d)A of the Huntington Beach Ordinance Code. The clinic will provide medical care to small animals, primarily dogs, cats and birds, and will offer extended care. The applicant proposes to relocate his existing veterinary clinic which is located in a commercial center at the southwest corner of Goldenwest Street and Bolsa Avenue to this location. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 90-69 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Dr. Jim Diefenbach, Applicant, stated that he had been located at his previous location for 13 years, receiving no complaints of any type. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 90-69 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-69: 1. The location, site layout and design of the proposed veterinary clinic with extended care properly adapts the proposed structures to streets, driveways and other adjacent structures and uses in a harmonious manner. PC Minutes - 2/5/91 -22- (9062d) 1 2. The combination and relationship of --the veterinary clinic to other uses on the site are properly integrated. Appropriate sound attentuation measures will be included in the construction of the clinic to insure that the City's Noise Standards are complied with. 3. Access to and parking for the veterinary clinic is adequately provided and does not create an undue traffic problem. Fifty-four parking spaces are provided in accordance with the City's Parking Code. 4. The granting of Conditional Use Permit No. 90-69 to allow a veterinary clinic with extended care will not adversely affect the General Plan of the City of Huntington Beach. 5. The establishment, maintenance and operation of the veterinary clinic with extended care will not be detrimental to the general welfare of persons working or residing in the vicinity and will not be detrimental to the value of property and improvements in the neighborhood. The acoustical analysis prepared for the project indicates that all exterior noise levels will be well within the City's exterior noise standards. 6. The proposed veterinary clinic with extended care is compatible with surrounding residential, commercial and office uses, sound attenuation measures will be incorporated into the design of the facility to insure that exterior noise levels are within the City's exterior noise standards. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-69: 1. The site plan, floor plan and elevations received and dated January 30, 1991 shall be the conceptually approved layout. 2. The following construction details shall be incorporated into the construction documents prepared for the expansion of the existing commercial suite: a. The exterior walls shall be constructed of 2" x 4" studs, 1/2" gypsum wallboard interior and 7/8" stucco exterior, with R-11 insulation between the studs. All joints shall be well fitted and/or caulked to form an air -tight seal. b. All partition walls separating the extended care unit from the hospital shall extend to the roofline and shall be constructed with 2" x 4" studs, 1/2" gypsum wallboard on both sides , with R-11 insulation between the studs. All joints shall be well fitted and/or caulked to form an airtight seal. c. The interior roof system shall consist of 1/2" thick plywood sheathing attached to the underside of the joists to provide a continuous barrier to the barking noise. A minimum of R-19 insulation shall be placed between the roof joists. PC Minutes - 2/5/91 -23- (9062d) d. Skylights shall be double -dome assemblies with an additional layer of 1/4" plate glass mounted 12" below the skylight. The glazing assemblies shall be well fitted and well sealed to minimize transmission of barking noise. e. There shall be no openings (windows, vents, etc.) in the west facing exterior wall of the extended care unit. f. The ventilation system shall incorporate at least 6 feet of lined ducting and at least two 90 degree bends. Exterior vents mounted on the roof shall point towards the east. g. The power transformer and roof mounted mechanical equipment (electric motors, fans, air conditioners, etc.) shall not generate a combined noise level greater than 45 dB(A) at the property lines. This shall be investigated by a recognized acoustical engineer as part of the final engineering design of the project. h. Entry doors on the west elevation shall be well weatherstripped solid core assemblies, 1-3/4" thick. i. The interior ceiling shall be constructed with suspended Ceramaguard lay -in ceiling tiles having a noise reduction coefficient (NRC) of 0.55 to 0.65. R-11 insulation shall be placed directly on top of the suspended ceiling system. 3. A letter shall be submitted by the noise consultant stating that construction details c., d., f., and i. above are intended to pertain only to the extended care area. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 5. The southernmost door on the rear elevation of the building leading to the extended care area shall be an emergency fire exit only and shall remain closed at all times. 6. The hours of operation shall be limited to Monday thru Friday 9:00 AM to 6:00 PM and Saturday 9:00 AM to 1:00 PM. 7. The interior doors separating the extended care area from the rest of the clinic shall not be opened except to permit access into the extended care area. 8. Feeding or cleaning of the extended care units shall not be conducted during the hours of 7:00 PM to 7:00 AM. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-69 should any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 2/5/91 -24- (9062d) 1 B-6 PRECISE PLAN OF STREET ALIGNMENT•NO. 90-2: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: Gothard Street south of Ellis Avenue and Crystal Street with the terminus at Main Street and Clay Avenue. Precise Plan of Street Alignment No. 90-2 is a request by the City of Huntington Beach to establish the precise street alignment of Gothard Street between Ellis Avenue and Main Street. The proposed alignment is in conformance with the City's Master Plan of Arterial Streets and Highways and the Circulation Element of the General Plan as amended by the Holly-Seacliff Master Plan. The Holly-Seacliff Masterplan was approved by the City Council on January 8, 1990. STAFF RECOMMENDATION: Adopt Planning Commission Resolution No. 1444 approving Precise Plan of Street Alignment No. 90-2 and recommend adoption to the City Council. THE PUBLIC HEARING WAS OPENED. Bob Mandic, 1112 Main Street, stated his concern regarding access if a median was put in and suggested possible building in cross cuts for truck purposes. Ray Byerley, 2120 Main Street, stated his support for the request. Jerry Galich, 939 - 10th Street, stated his support for 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 RICHARDSON, SECOND BY SHOMAKER, TO ADOPT RESOLUTION NO. 1444 APPROVING PRECISE PLAN OF STREET ALIGNMENT NO. 90-2 AND RECOMMEND ADOPTION TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/5/91 -25- (9062d) RESOLUTION NO. 1444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH RECOMMENDING ADOPTION OF PRECISE PLAN OF STREET ALIGNMENT NO. 90-2 ALIGNING GOTHARD STREET BETWEEN ELLIS AVENUE AND MAIN STREET WHEREAS, pursuant to the California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider Precise Plan of Street Alignment No. 90-2; and The Planning Commission finds that said Precise Plan of Street Alignment No. 90-2 is necessary for the orderly and efficient flow of traffic, for the preservation of the health and safety of the inhabitants of the City, and for the orderly development of the community. NOW THEREFORE, the Planning Commission of the City of Huntington Beach does resolve as follows: SECTION 1. District Map 2 (Sectional District Map 2-6-11) marked Exhibit A and District Map 3 (Sectional District Map 35-5-11) marked Exhibit B, attached hereto and incorporated herein by reference is hereby amended to include Precise Plan of Street Alignment No. 90-2, to implement the precise alignment of Gothard Street. SECTION 2. The real property designated as Precise Plan of Street Alignment No. 90-2 is more particularly described in Exhibit C, attached hereto and incorporated herein by reference. SECTION 3. To approve Resolution No. 1444 and recommend adoption to the City Council of the City of Huntington Beach, California. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting thereof held on the fifth day of February, 1991, by the following roll call vote: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None ATTEST: Mike Adams, Secretary Newman, Shomaker, Kirkland, Ortega, Leipzig Kirk Kirkland, Chairman PC Minutes - 2/5/91 -26- (9062d) B-7 CODE AMENDMENT NO. 91-1 IN CONJUNCTION WITH NEGATIVE DECLARATION NO. 91-2: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: C2, C4 Commercial Districts North Huntington Center Specific Plan Code Amendment No. 91-1 is a request to amend the zoning code to allow for Living Unit (SRO) housing projects pursuant to a conditional use permit in the C2 (Community Business), C4 (Highway Commercial) and North Huntington Center Plan area. Specifically, the code amendment amends Articles 922 (Commercial District Standards), 937 (North Huntington Center Specific Plan) and 960 (Off -Street Parking, Loading and Landscaping). Living Unit (SRO) housing can be defined as a cluster of guest units within a residential hotel providing sleeping or living facilities in which sanitary facilities may be provided within a unit, and cooking facilities may be shared within the hotel (Orange County SRO Development Guide). This code amendment is being submitted for review and recommendation by the Planning Commission. Once acted upon, it will be forwarded to the City Council for final action. STAFF RECOMMENDATION: Open the public hearing, receive public testimony, and continue Code Amendment No. 91-1 and Negative Declaration No. 91-2 to the February 20, 1991 Planning Commission meeting. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN TO THE FEBRUARY 20, 1991 PLANNING COMMISSION MEETING. A MOTION WAS MADE BY ORTEGA, SECOND BY SHOMAKER, TO CONTINUE CODE AMENDMENT NO. 91-1 AND NEGATIVE DECLARATION NO. 91-2 TO THE FEBRUARY 20, 1991 PLANNING COMMISSION MEETING AT STAFF'S REQUEST, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/5/91 -27- (9062d) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED OCTOBER 23, 1990 (CONTINUED FROM THE JANUARY 23, 1991 PLANNING COMMISSION MEETING) A MOTION WAS MADE BY SHOMAKER, SECOND BY ORTEGA, TO APPROVE PLANNING COMMISSION MINUTES DATED OCTOBER 23, 1990, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: None ABSTAIN: Richardson, Newman, Bourguignon MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED NOVEMBER 6, 1990 A MOTION WAS MADE BY ORTEGA, SECOND BY SHOMAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 6, 1990, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: Richardson, Newman MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED NOVEMBER 20, 1990 A MOTION WAS MADE BY ORTEGA, SECOND BY SHOMAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 20, 1990, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: Richardson, Newman MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 HUNTINGTON BEACH CENTRAL PARK EQUESTRIAN CENTER: APPLICANT: NATIONAL EQUESTRIAN CENTER LOCATION: 18381 Goldenwest Street PC Minutes - 2/5/91 -28- (9062d) The Commissioners discussed with staff the compliance to date, with the conditions of approval. The concerns of the Commission included security lighting, restrooms and identification of employees. The Commission accepted the status report and requested staff to schedule a public hearing for March 19, 1991. D-2 CONDITIONAL USE PERMIT NO, 88-11/CONVENIENCE MARKET WITH BEER AND WINE SALES - ANNUAL REVIEW: APPLICANT: AHMAD MOZAFFARI/MAX MARKET LOCATION: 17483 Beach Boulevard On May 17, 1988, the Planning Commission approved Conditional Use Permit No. 88-11, a request to operate a convenience market with beer and wine sales in an existing commercial center located approximately 200 feet northeast of the corner of Beach Boulevard and Slater Avenue. Condition No. 10 states that: A one year review of the use (convenience market) shall be conducted to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code (see Attachment No. 2). As a result of the applicant being cited by the Land Use Section for the reface of a freestanding sign without building permits and the subsequent review of previous entitlements, it was noted that no annual review of the use had been conducted. Therefore, the Planning Division has initiated the review process and scheduled a review of the use and conditions of approval for Planning Commission action. On November 16, 1990 and January 28, 1991, the Land Use Section conducted an inspection of the site (see Attachment No. 4). In addition, the Land Use Section reports that no land use complaints have been received regarding violations of the applicable conditions of approval. It should be noted that the Huntington Beach Police Department has received a minimum of eight (8) calls for assistance at the shopping center in the last 18 months. The majority of calls for assistance are for petty theft associated with the convenience market. STAFF RECOMMENDATION: Staff recommends that the Planning Commission schedule a revocation hearing of Conditional Use Permit No. 88-11 within 30 days unless the applicant is able to demonstrate immediate and consistent compliance with the conditions of approval. PC Minutes - 2/5/91 -29- (9062d) A MOTION WAS MADE BY RICHARDSON, SECOND BY ORTEGA, TO APPROVE THE SCHEDULING OF A REVOCATION HEARING IF COMPLIANCE WITH THE CONDITIONS OF APPROVAL IS NOT ACHIEVED WITHIN 30 DAYS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES Commissioner Newman asked staff about the recycling of staff report paper. Staff explained that they cannot recycle colored paper, only white. However, they will consider changing staff report paper to white. Commissioner Newman also asked Chairman Kirkland if they could arrange a joint study session with City Council regarding the scope of low and moderate income housing in Huntington Beach. Commissioner Shomaker asked Mike Adams if there was anything staff could do to help save a tree that is being torn down to replace a sidewalk. Mr. Adams stated that he would check into it. Commissioner Bourguignon questioned staff regarding Policy Committee results on solar rooms and code heights. Staff stated they would check into it. Commissioner Leipzig stated to staff that since annual and short term reviews often fall through the crack, he would prefer to see long term agendas. Commissioner Kirkland asked the Commission if they were all satisfied with the Committee assignments. The Commission agreed they were all satisfied. G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development reiterated action taken at the City Council meeting of February 4, 1991. PC Minutes - 2/5/91 -30- (9062d) 1 I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON FEBRUARY 20, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVE BY: I (t Mike Ada s, Secretary Newman, Shomaker, Kirkland, Ortega, Leipzig P1 in o ission Chairperson PC Minutes - 2/5/91 -31- (9062d)