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HomeMy WebLinkAbout1991-04-02APPROVED 7/23/91 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 2, 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. Gae Treece, 505 Lake Street, spoke in regards to a non-public hearing item D-1, regarding the revocation of a conditional use permit because of lack of compliance with the conditions of approval. She was concerned with the fact that the revocation comes after the fact. She asked the Commission to examine why this happened and what can be done in the future to prevent this. Commissioner Ortega reassured the speaker that the Commission is actively involved in resolving this problem and possible steps that can be taken to prevent future problems. B. PUBLIC HEARING ITEMS B-1 DRAFT NEGATIVE DECLARATION NO 90-28 (CONTINUED FROM THE MARCH 19, 1991 PLANNING COMMISSION MEETING: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: Various non-contiguous parcels in the Seacliff Area Draft Negative Declaration No. 90-28 has been prepared by the City of Huntington Beach in order to adequately address potential environmental impacts associated with 15 non-contiguous tentative tract maps in the Seacliff/17th Street area as submitted by Pacific Coast Homes. The proposed subdivisions are located on former "oil island" parcels where oil production facilities have been abandoned. The applicant has requested that Zone Change No. 90-18 be withdrawn from the overall project. The necessary environmental assessment for Zone Change No. 90-18 will be processed at a later date. The 15 tentative subdivisions are low density development proposals which are generally consistent with the City's General Plan. Some of the sites are currently zoned High Density Residential (R4) and the applicant has submitted zone changes which redesignate the sites to Low Density Residential (R1). Two of the zone change requests will require an amendment to the City's Local Coastal Program which is reviewed by the California Coastal Commission. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Draft Negative Declaration No. 90-28 with mitigation measures and forward to the City Council for approval. The Commission clarified certain points of the request including: 1) clarification in language; 2) deletion of Zone Change No. 90-18; 3) -water service; 4) traffic impacts; 5) clarification of CEQA compared to the Quimby Act in regards to contiguous or cumulative; and 6) park designation and open space. THE PUBLIC HEARING WAS OPENED. Russ Line, 2120 Main Street, representing applicant, asked for clarification on certain mitigation measures. He also stated progress was being made in all negotiations and was available for any questions. Dominick Tomaino, spoke against the proposal. Mr. Tomaino expressed concern in regards to park designation. John Roe, 19382 Surfdale, concerned about the size of park being to small. Jeff Metzel, 19391 Shady Harbor Circle, concerned mainly with park issue. Mr. Metzel reiterated actions taken at previous meetings with homeowners and developer. Jim Kraus, 19369 Manor Point Circle, concerned with water service. Mr. Krause stated the Commission should consider reducing water pressure during peak periods, and also address the pumping station. Jay Kreitz, 19781 Island Bay Lane, concerned with park designation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE PROJECT AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 4/2/91 -2- (9505d) 1 A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE DRAFT NEGATIVE DECLARATION NO. 90-28 WITH MODIFIED MITIGATION MEASURES AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Ortega, Leipzig MITIGATING MEASURES FOR ENVIRONMENTAL ASSESSMENT NO. 90-28 1. Prior to Subdivision Committee evaluation, a geology report shall be submitted which addresses Alquist-Priolo Special Hazards Study Zone requirements for Tentative Tract 14296. 2. Prior to issuance of grading permits for each tentative map, drainage alterations and improvements shall be approved by the Department of Public Works. 3. Prior to Subdivision Committee evaluation, access to Tentative Tracts 14043, 14243, 14319, 14320 and 14321 shall minimize potential impacts to existing arterials. 4. Prior to recordation, the Fire Department will verify that all applicable measures have been imposed on the project in order to maintain established emergency response policy of 80% of all calls completed within 5 minutes. Such measures shall include but not be limited to: a. Prior to issuance of building permits pay fair share for: 1) Future Springdale Fire Station and equipment. 2) "Opticom" traffic control systems. 3) Three (3) additional paramedics for Gothard Station. 4) Improvements to City's water distribution system. 5) Completion of cross -gap connector. b. Prior to issuance of building permits provide automatic fire sprinkler protection in all structures over 5,000 square feet in total area and in all structures with substandard access and/or insufficient fire flow as determined by the Fire Department. PC Minutes - 4/2/91 -3- (9505d) c. Prior to issuance of any building permits on Tracts 14243 and 14277, Seapoint Avenue shall be completed and open to the public. 5. Provide a minimum .55 acre greenbelt area in lower and a minimum .55 acre greenbelt area in upper Seacliff. Location, ultimate size and function shall be analyzed by means of a special study or a General Plan Amendment to the City's Recreational Element. 6. Maintain current level of water service by complying with water system improvements contained in the City's Water Masterplan and specific Water Department recommendations. Compliance shall be demonstrated prior to occupancy of the first unit of each tentative tract. B-2 CONDITIONAL USE PERMIT NO. 91-13: APPLICANT: KONSTANTINA GRAMMAS LOCATION: 18685 Main Street, Suite H (Loehman's Five Points Plaza) Conditional Use Permit No. 91-13 is a request for live entertainment (musicians/comedians) with dancing in an existing restaurant located within Loehman's Five Points Plaza. A previous conditional use permit (No. 89-42) for the restaurant at the same location was approved by the Planning Commission on September 6, 1989, which permitted live entertainment. The entertainment permit is non -transferable, therefore the request for a new conditional use permit is required. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-13 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Tony Clapper, representing applicant, stated he was there to answer any questions the Commission may have. There were no questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. 1 PC Minutes - 4/2/91 -4- (9505d) A MOTION WAS MADE BY ORTEGA, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-13 WITH FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-13: 1. The establishment, maintenance and operation of live entertainment (live music with up to four musicians/ entertainers for dancing, listening and comedy acts) will not be detrimental to the general welfare of persons residing or working in the vicinity. Adequate buffering to residentially zoned properties to the west is provided by parking stalls, drive aisles, landscaping and an 80 foot wide arterial street and the proposed live entertainment substantially complies with the criteria in Section 9220.12 of the Ordinance Code. In addition the use will not be detrimental to property and improvements in the vicinity of such use or building. 2. The proposal is consistent with the City's General Plan of Land Use which designates this site as General Commercial. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-13: 1. The floor plans received and dated March 1, 1991, shall be the approved layout. A final seating plan shall be reviewed and approved by the Fire Department. 'V 2. Live music and entertainment shall be limited to a maximum four (4) musicians/entertainers and performances shall be limited only during the following hours: Monday through Friday 8:00 PM - 1:30 AM Saturday and Sunday 4:00 PM - 1:30 AM 3. The dance floor shall be limited to 170 square feet (10 x 17). The stage area shall be no larger than 19 feet by 9 feet (171 sf) . 4. An entertainment permit shall be submitted and approved by the Police Department prior to the establishment of the live entertainment within the restaurant. 5. The proposed use shall comply with all applicable Fire and Building codes, including Chapter 33 of the Uniform Building Code. PC Minutes - 4/2/91 -5- (9505d) 6. All activities shall comply with all applicable ordinances of Title 5, Business License and Regulations, and Title 9, Public Peace, Morals and Welfare of the Huntington Beach Municipal Code. 7. The proposed live entertainment shall comply with Chapter 8.40 "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment, the Planning Commission reserves the right to require the applicant to mitigate the noise level. 8. This conditional use permit shall run with the applicant. Any additional activities beyond those proposed (musicians, comedians) shall require the review and approval of the conditional use permit process. 9. The primary use of the building shall be dining and the sale of food. Dancing and live entertainment (comedians/musicians) shall be a secondary use. 10. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-3 NEGATIVE DECLARATION NO 90-59/CONDITIONAL EXCEPTION (VARIANCE) NO 90-53/TENTATIVE PARCEL MAP NO. 90-324: APPLICANT: JOSEPH GERGEN LOCATION: 927 Tenth Street Tentative Parcel Map No. 90-324 is a request to consolidate one and one-half (1.5) lots into one (1) lot pursuant to Section 9920 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 90-53 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 911, in the following areas: 1. Section 9110.2 specifies that the minimum lot size shall be 6,000 square feet and the minimum lot frontage shall be 60 feet. The applicant is requesting a 5,325 square foot lot with 35.5 feet of frontage. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 90-59, Conditional Exception (Variance) No. 90-53 and Tentative Parcel Map No. 90-324 with findings and conditions of approval. 7 L PC Minutes - 4/2/91 -6- (9505d) 1 The Commission questioned the remarks made in the Environmental Board's letter. Staff explained that the remarks were inappropriate. THE PUBLIC HEARING WAS OPENED. Steve Holden, 949-10th Street, spoke in opposition to the project. He was concerned with the lot being smaller than the surrounding lots. Arline Howard, 917, loth Street, spoke in opposition to the project. She suggested if it was approved a high wall should be built or a 5 foot setback be required. Jerry Galich, 939-10th street, spoke in opposition to the project. He was concerned it would change the character of 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 LEIPZIG, SECOND BY BOURGUIGNON TO APPROVE NEGATIVE DECLARATION NO. 90-59, BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: Ortega ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Bourguignon, A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO DENY CONDITIONAL EXCEPTION (VARIANCE) NO. 90-53 AND TENTATIVE PARCEL MAP NO. 90-324 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Ortega, Leipzig NOES: Newman, Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-53: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or type of uses in the same district. The site is relatively flat and rectangular in shape. PC Minutes - 4/2/91 -7- (9505d) 2. Since the subject property can be fully developed within regular established setbacks, such a conditional exception for reduced lot size and frontage is not necessary for the preservation and enjoyment of substantial property rights. 3. Granting of Conditional Exception (Variance) No. 90-53 for reduced lot size and frontage would constitute a special privilege inconsistent with limitations upon properties in the vicinity. 4. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. FINDINGS FOR DENIAL - TENTATIVE PARCEL MAP NO. 90-324: 1. The proposed subdivision of one and one-half (1.5) parcels into one (1) parcel for purposes of residential use is not in compliance with the size and shape of property necessary for that type of development. The proposed subdivision does not meet the minimum sixty (60) feet of frontage nor the 6,000 square foot minimum lot area. 2. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. The proposed subdivision does not meet the minimum sixty (60) feet of frontage nor the 6,000 square foot minimum lot area. B-4 CODE AMENDMENT NO. 91-3: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: City Wide Code Amendment No. 91-3 is a request for an amendment to Article 985, Design Review Board, to change the appointment of membership from seven (7) members to five (5) members to include one City Council Member, one Planning Commissioner, one City resident, and two staff members pursuant to Section 9853 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 91-3 with findings. THE PUBLIC HEARING WAS OPENED. PC Minutes - 4/2/91 -8- (9505d) THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff why they were requesting a reduction in Design Review Board members, when they just recently approved an expansion to the Board? Staff explained that they could not seat seven (7) members on the Board because of time conflicts and non qualified applicant's. The Commission requested staff to bring back the final rewrite of all the sections to the April 16, 1991 meeting for a final review of the language. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE CODE AMENDMENT NO. 91-3 SUBJECT TO LANGUAGE CHANGE AND FURTHER APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO, 90-4: 1. Code Amendment No. 91-3, by reducing the membership to a total of five (5) members, will simplify and accelerate Board operation resulting in a more effective balance. 2. Code Amendment No. 91-3 will better reflect current needs, reduce paperwork and application processing time. B-5 CONDITIONAL USE PERMIT NO, 90-59/CONDITIONAL EXCEPTION NO. 91-11• APPLICANT: DENNIS GOUGHARY LOCATION: 6912 Edinger Avenue (Home Depot Shopping Center) Conditional Use Permit No. 90-59 is a request for expansion of the existing Home Depot into two (2) existing suites totalling 26,000 square feet. Also requested is to relocate and expand the garden center. Conditional Exception No. 91-11 is to grant a parking variance of 11 spaces to the shopping center, pursuant to Section 9602.2 of the Ordinance Code. PC Minutes - 4/2/91 -9- (9505d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 with findings and conditions of approval. Due to the applicant's inability to attend the meeting staff asked that this request be continued to the May 7, 1991 Planning Commission meeting. The Chairman asked than any persons signed up to speak who could not be present at the May 7, 1991 meeting to come forward. Their were none. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO CONTINUE CONDITIONAL USE PERMIT NO. 90-59 AND CONDITIONAL EXCEPTION NO. 91-11 TO THE MAY 7, 1991 PLANNING COMMISSION MEETING AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-6 CODE AMENDMENT NO. 91-4: APPLICANT: CITY OF HUNTINGTON BEACH LOCATION: City Wide Code Amendment No. 91-4 is a request by the City of Huntington Beach to adopt a Transportation Demand Assessment Ordinance establishing facility requirements for businesses employing one -hundred (100) or more persons. Staff recommends the Planning Commission approve Code Amendment No. 91-4 with findings and recommend adoption by the City Council after proper formating. THE PUBLIC HEARING WAS OPENED. THERE WERE NOT PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. it 1 PC Minutes - 4/2/91 -10- (9505d) 1 A MOTION WAS MADE BY SHOMAKER, SECOND BY LEIPZIG, TO APPROVE CODE AMENDMENT NO. 91-4 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 91-4: 1. Code Amendment No. 91-4 will be consistent with the goals and policies contained within the General Plan of minimizing adverse environmental effects by encouraging reduction of vehicle trips. 2. Code Amendment No. 91-4 meets state requirements for a county wide Congestion Management Program by establishing a Transportation Demand Management Ordinance. 3. Code Amendment No. 91-4 would provide significant public benefits by improving air quality, enhancing the effectiveness of the existing transportation system and reducing energy requirements. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 91-1: APPLICANT: CITY OF HUNTINGTON BEACH/DEPARTMENT OF PUBLIC WORKS LOCATION: East side of Ash Street south of Cypress Avenue (17182 Ash Street) General Plan Conformance No. 91-1 is a request to review the vacation of 300 square feet of land (east side of Ash Street - 17182 Ash Street) owned by the City of Huntington Beach, as it conforms to the City's General Plan. The property was originally obtained for right-of-way purposes. The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any city until the location, purpose, and extent of such activity has been recorded upon as to conformity with the adopted General Plan. PC Minutes - 4/2/91 -11- (9505d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 91-1 with findings. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER, TO APPROVE GENEAL PLAN CONFORMANCE NO. 91-1 WITH FINDINGS AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-1: 1. The proposed project is in conformance with the General Plan, specifically the following policies: a. Land Use: Encourage rational use of land and other natural resources (3.4.2.7). b. Land Use: Provide an adequate level of community services, facilities, improvements, and maintenance in all areas of the City (3.4.2.5). c. Circulation: Develop a system of arterial streets and highways that ensures the safe and efficient movement of people and goods (3.1.2.2). C-2 GENERAL PLAN CONFORMANCE N0, 91-2: APPLICANT: CITY OF HUNTINGTON BEACH/DEPARTMENT OF PUBLIC WORKS LOCATION: A portion of old Lake St. approximately 380 feet south of Pecan Ave. General Plan Conformance No. 91-2 is a request to review the proposed vacation of approximately 6,500 square feet of a public street easement (a portion of old Lake Street, approximately 380 feet south of Pecan Avenue) for conformance with the General Plan. The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any county or city until the location, purpose and extent of such activity has been reported upon as to conformity with the adopted General Plan. PC Minutes - 4/2/91 -12- (9505d) 1 STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny General Plan Conformance No. 91-2 with findings. A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO DENY GENERAL PLAN CONFORMANCE NO. 91-2 WITH FINDINGS AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - GENERAL PLAN CONFORMANCE NO, 91-2: 1. General Plan Conformance No. 91-2, requesting a portion of old Lake Street, north of Atlanta Avenue, to be vacated to the parcel to the west for residential purposes, would be inconsistent with the General Plan based upon the following policies: a. Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing an adequate level of community services, facilities, improvements, and maintenance in all areas of the City (Policy 3.4.2.5.2). This portion of Lake Street ROW has utility and fire lane easements and improvements that need to maintained. b. Encourage and maintain a well balanced variety of residential densities and uncrowded living environments by ensuring adequate open space in all residential areas (Policy No. 3.4.2.7.3). This portion of Lake Street was considered as future open space in conjunction with the Huntington Bayshore residential development project (SPA No. 87-15). Vacation of this ROW easement to another parcel would reduce the amount of recreation open space required for the Bayshore project. PC Minutes - 4/2/91 -13- (9505d) C-3 PLANNING COMMISSION MINUTES DATED FEBRUARY 5, 1991 A MOTION WAS MADE BY ORTEGA, SECOND BY KIRKLAND, TO CONTINUE PLANNING COMMISSION MINUTES DATED FEBRUARY 5, 1991 TO THE APRIL 16, 1991 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-4 PLANNING COMMISSION MINUTES DATED FEBRUARY 20, 1991 A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE THE PLANNING COMMISSION MINUTES DATED FEBRUARY 20, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO 89-6(A)/TENTATIVE TRACT NO. 13439: APPLICANT: THE DAHL COMPANY At the March 19, 1991 Planning Commission meeting, the staff presented a report regarding the alleged violation of condition no. 3b. of Conditional Use Permit No. 89-6(A). The condition states that: "Removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or prior to April 1, 1990". After discussion of this item, the commission voted to schedule a revocation hearing on April 16, 1991 and for staff to provide an update at the April 2, 1991 Planning Commission meeting. PC Minutes - 4/2/91 -14- (9505d) Staff has also been informed that the Department of Fish and Game, State of California has filed a misdemeanor criminal complaint against the Dahl Company. A representative from the Department of Fish and Game will be in attendance at the April 16, 1991 meeting to answer questions. Commissioner Ortega - requested staff to review the tape of the February 21, 1990 Planning Commission tape to clear up any discrepancies on the conditions of approval. She also pointed out her concerns to staff. Commissioner Leipzig - requested staff to investigate ways to deal with these issues in the future by providing a possible mechanism the City can use. DISCUSSION ITEM ONLY - NO ACTION TAKEN D-2 PLANNED SIGN PROGRAM NO. 90-22: APPLICANT: CALIFORNIA RESORTS LOCATION: 300 Pacific Coast Highway (Northeast corner of Pacific Coast Highway and Main Street) Planned Sign Program No. 90-17 for the Pierside Pavilion was approved by the Planning Commission on July 17, 1990. California Resorts has now filed a request to amend the planned sign program to allow use of a non -permitted sign color (black) and to allow a wall sign to be placed on the first floor building facade and on the Plaza Tower. The signage is for a new tenant called "Ice Palace". STAFF RECOMMENDATION: Staff recommends that the Planning Commission amend Planned Sign Program No. 90-7 to allow the use of the color black and to allow placement of a tenant wall sign on the building facade and deny the request for a tenant wall sign on the Plaza Tower. Brian Scott, Applicant, stated that they were requesting the sign on the tower for visibility reasons. Barbara Cohen, Brilliant Signs, told the Commission she feels the applicant is being penalized by not having adequate signage. The Commission discussed possible alternatives to sign program and sign locations. PC Minutes - 4/2/91 -15- (9505d) A MOTION WAS MADE BY LEIPZIG, SECOND BY ORTEGA, TO APPROVE PLANNED SIGN PROGRAM NO.90-22 WITH FINDINGS AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Ortega, Bourguginon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL PLANNED SIGN PROGRAM NO 90-7(R): 1. Planned Sign Program No. 90-7(R) will provide for signage that reflects a common theme for the Pierside Pavilion development, incorporating similar design elements in terms of materials, colors, illumiation, and sign type. 2. Planned Sigh Program No. 90-7(R) provides for signs that will be compatible with the architectural style and colors of the building. 3. The signs will be compatible with other signs in the surrounding area and with the Dowtown Design Guidelines. CONDITION FOR APPROVAL PLANNED SIGN PROGRAM NO. 90-7(R): 1. The sign program dated June 19, 1990 shall be the approved program, with the following modifications: a. Add the color black to Section 4.b(6). D-3 PARKING MANAGEMENT PLAN PIERSIDE PAVILION (CONTINUED FROM THE MARCH 5. 1991 PLANNING COMMISSION MEETING): APPLICANT: CALIFORNIA RESORTS LOCATION: 300 Pacific Coast Highway (Northeast corner of PCH and Main Street) The Planning Commission continued this item from the meeting of March 5, 1991, at the applicant's request. Staff and the applicant have met with the Department of Public Works regarding the proposed valet parking on Main Street. The City Attorney's Office has advised staff of its concern regarding use of existing public parking spaces for private valet use. Accordingly, staff continues to recommend that no valet parking on Main Street be permitted. PC Minutes - 4/2/91 -16- (9505d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the proposed Parking Management Plan with conditions of approval. The Commission discussed valet parking variations with staff. A MOTION WAS MADE BY RICHARDSON, SECOND BY LEIPZIG, TO APPROVE THE PARKING MANAGEMENT PLAN FOR PIERSIDE PAVILION WITH CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Ortega, Leipzig NOES: Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED CONDITION OF APPROVAL - PARKING MANAGEMENT PLAN: 1. The Parking Management Plan received and dated November 14, 1990, shall be the approved plan, with the following modification: a) All valet operations shall be conducted within the pavillion parking structure. No valet drop-off or pick up shall be permitted on Main Street. E. DISCUSSION ITEMS Commissioner Richardson gave the Commissioners and staff a review of the Planning Commission seminar he had recently attended. Commissioner Richardson also questioned staff about non-contiguous land development. F. PLANNING COMMISSION INQUIRIES Commissioner Ortega requested staff to investigate code violations that are occuring at Home Depot. Commissioner Richardson requested staff to investegate the possible illegal parking of vehicles on Jon Day Drive. G. PLANNING COMMISSION ITEMS None PC Minutes - 4/2/91 -17- (9505d) H. I. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the City Council meeting of April 1, 1991. Daryl Smith, Superintendent Park, Tree, and Landscape Division, explained to the Commission that a previous complaint about illegal tree work being done is on private property and they have no jurisdiction if there conditions of approval placed upon the property. ADJOURNMENT are no A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON APRIL 16, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: tq I �'t ZW� Mike Adams, Secretary Newman, Shomaker, Kirkland, Ortega, Leipzig 1 n-ing Commission Chairperson PC Minutes - 4/2/91 -18- (9505d)