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HomeMy WebLinkAbout1991-05-07a22HQYEp_8/24/g1 MINU`i'ES i. HUNTINGTON BEACH PLANNING COMMISSION' TUESDAY, MAY 7, 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, Dettloff A 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. Debbie Cook, 6692 Shetland Circle, spoke against Item C-1 General Plan Conformance No. 91-3(R). Ms. Cook was concerned that the staff report did not offer sufficient reasons why the land can not be used for a Green Acres reservoir. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO, 90-59/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11 (CONTINUED FROM THE APRIL 2, 1991 PLANNING COMMISSION MEETING): APPLICANT: DENNIS GOUGHARY LOCATION: 6912 Edinger Avenue [1 (Ho e Depot Shopping Center) C Conditional Use Permit No. 90-59 and Conditional 'E'C-egtivYr (Variance) No. 91-11 were continued from the April 2, 1991 Planning Commission meeting due to the applicant's inability to attend the meeting. At the time of taking action to continue the item on April 2, 1.991, the Commissioner's asked staff to research several items. Staff has researched those items as well as met with the applicant to further discuss conditions for the project. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 with all conditions from the April 2, 1991 staff report intact, except that Condition Nos. 1 and 13 shall be modified and Condition No. 2 shall be added. THE PUBLIC HEARING WAS OPENED. Ron Pattinson, 18600 Main Street, representing applicant, spoke in favor of the request. Mr. Pattinson said he concurred with staff's recommendations and conditions and was there to answer any questions the Commission may have. Bob Thrall, 6861 Nyanya Drive, spoke in opposition to the request. His concerns included traffic impacts, semi -trucks, noise, fumes and appearance from second story windows. Kevin Hizon, 10220A Warner Avenue, F.V., spoke on behalf of several neighboring residents who were in opposition to the request. His concerns included separation of business to property owners by insignificant wall, loss of property value, health risks, noise, odors and chemicals that consititute a nuisance to the community. Bonnie Datko, 16072 Marjan Lane, spoke in opposition to the request. Her concerns included semi -trucks, loss of property value and health risks. Larry Datko, 16072 Marjan Lane, spoke in opposition to the request. He was concerned with truck noise and fumes. Alice McCallum, 6841 Nyanza Drive, spoke in opposition to the request. She was concerned with truck traffic, Garden Center condition violations, gates open after hours and noise. Donald McCallum, 6841 Nyanza Drive, spoke in opposition to the request. He was concerned with the disruption of the environment, condition violations, truck noise, odors and aesthetics. Dennis Goughary, 601 S. Placentia, Fullerton, applicant, responded to the speaker's concerns. He explained the changes that had been made and future changes to insure compliance with conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE -PUBLIC HEARING WAS CLOSED. PC Minutes - 5/7/91 -2- <9951d) The Commission discussed conditions that could be adopte6'to--,Mzrm. the neighbors problems would be eliminated. Commissioner Leipzig stated he would support the expansion with very strict conditions, but could not support an outdoor Garden Center. The Commission discussed keeping the Garden Center indoors and having trucks enter from Goldenwest. The following straw votes were taken on changes to the conditions of approval:• A STRAW VOTE MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO ELIMINATE THE OUTDOOR GARDEN CENTER, BY THE FOLLOWING VOTE: AYES: Newman, Kirkland, Dettloff, Leipzig NOES: Shomaker, Richardson ABSENT: Bourguignon ABSTAIN: None MOTTON PASSED A STRAW VOTE MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO INCREASE THE HEIGHT OF THE WALL TO THE SOUTH AND WEST, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Dettloff, Leipzig NOES: Newman, Richardson ABSENT: Bourguignon ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO HAVE TRUCKS ENTER FROM GOLDENWEST, BY THE FOLLOWING VOTE: AYES: Newman, Richardson, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ` ABSENT: Bourguignon ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LEIPZIG, SECOND BY KIRKLAND, TO COVER THE SOUTH AND WEST EXTERIOR BUILDING WALLS WITH VEGETATION AS - A SOUND ATTENTUATION, BY THE FOLLOWING VOTE: AYES: Newman, Richardson, NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED Shomaker, Kirkland, Dettloff, Leipzig PC Minutes - 5/7/91 -3- (9951d) A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 90-59 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL AS DECIDED BY THE STRAW VOTES, BY THE FOLLOWING VOTE: AYES: Newman, Richardson, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO DENY CONDITIONAL EXCEPTION (VARIANCE) NO. 91-11, WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Newman, Richardson, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 90-59: 1. The location, site layout, and design of the proposed Home Depot expansion 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 to'another on a site are properly integrated. 3. The access to and parking for the proposed Home Depot expansion does not create an undue traffic problem. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 90- 9: 1. The site plan, floor plans and elevations received and dated May 1, 1991 shall be the conceptually approved layout with the following modification: a. Rear parking spaces on the southern property line shall be restriped to 90 degrees only. b. Truck traffic shall be reouted one-way from an entrance behind the store off of Goldenwest Street to an exit toward Edinger Avenue on the west side of the store. C. The Garden Center, in both the existing and proposed locations, shall be eliminated from the site plan. PC Minutes 7 5/7/91 -4- (9951d) d. Ivy, or other sound attenuating materials shall "be p1ac-ed 'to cover the south and west exterior walls. e. A new parimeter block wall 8 to 10 feet in height shall be offered to the adjacent residents on the south and west property lines and shall be constructed by the applicant. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. b. Outdoor parking lot lighting shall be replaced and 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. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A 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. c. All applicable Public Works fees shall be paid. d. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees. 4. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. PC Minutes - 5/7/91 -5- (9951d) d. Pursuant to Article 81, U.F.C. and Huntington Beach Fire Code mechanical smoke removal or smoke and heat vents, and one and one-half (1.5) inch hose connections, hose cabinets, and fire lines with nozzels shall be provided and approved by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 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/within twelve (12) months. 8. 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 (.05i 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. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) b. Compliance with all conditions of approval specified herein shall be accomplished. 11. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. PC Minutes - 5/7/91 -6-. (9951d) 12. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 may become null and void. 13. The Planning Commission reserves the right to modify the terms of this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 14. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 15. The Traffic Impact Fee shall be paid prior to final building permit approval. 16. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91 11: 1. There are no exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2. The granting of a conditional exception for a reduction of 11 parking spaces is not necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 90-11 for reduction of 11 parking spaces will be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4. The establishment, maintenance.and operation of the proposed reduction of 11 parking spaces will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. PC Minutes - 5/7/91 -7- (9951d) 5. The granting of the Conditional Exception '(V.a_ for reduction of 11 parking spaces will adversely affect the General Plan of the City of Huntington Beach. B-2 CONDITIONAL USE PERMIT NO. 91-4/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-7/NEGATIVE DECLARATION NO 91-3 (CONTINED FROM THE APRIL 16, 1991 PLANNING COMMISSION MEETING): APPLICANT: DAVID MICHELSON LOCATION: 18660 Main Street Conditional Use Permit No. 91-4, Conditional Exception (Variance) No. 91-7 and Negative Declaration No. 91-3 is a request to permit the construction of a 164-unit senior citizen apartment complex with ancillary support services pursuant to Article 964 (Pacifica Community Plan) of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 91-7 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 964, (Pacifica Community Plan) in the following areas: 1. Section 9645.3 Maximum Site Coverage specifies that the maximum site coverage for buildings which do not exceed 45 feet in height shall not exceed 45% of the site. The applicant is requesting a site coverage of 68% of the site. 2. Section 9645.11 Parking and Loading specifies that the project shall comply with the applicable parking code sections which requires a minimum parking stall width of 12 feet when'such space is adjacent to a wall. The applicant is requesting a reduction of the minimum stall width to nine (9) feet. 3. Section 9645.9 Minimum Dwelling Unit Size specifies that all dwelling units within a residential multi -story structure shall be exclusively one (1) bedroom units. The applicant is requesting that a maximum of seven (7) units be two (2) bedrooms. The applications were continued from the April 16, 1991 Planning Commission meeting with the concurrence of the applicant. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-3, Conditional Use Permit No. 91-4 and Conditional Exception (Variance) No. 91-7 with findings and suggested conditions of approval. The Commission questioned what the density cap was in the Pacifica Community Specific Plan. Staff explained 89 unit to the acre. The Commission also discussed the water section, Environmental Board concerns and Title 24 concerns with staff. PC Minutes,- 5/7/91 -8- (9951d) THE PUBLIC HEARING WAS OPENED. David Michelson, 1995 Temple Hill, Laguna Beach, applicant, stated'*the proximity of the project to the medical center was ideal for seniors. Mr. Michelson submitted pictures to the Commission'of another project they had completed of high quality. He also stated that Title'24 was exceeded by 120% on this previous project and they were exploring reclamation. Fleetwood Joiner, Project Archictect, stated the high quality of projects the applicant produces and stated he was available to answer questions. Bart Blakesley, 5711 Anthony Avenue, Garden Grove, spoke in support of the request and the applicant. Mr. Blakesley stated that the applicant has a track record that shows he follows through and usually exceeds minimum requirements. 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 NEWMAN, TO APPROVE NEGATIVE DECLARATION NO. 91-3, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-A WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES:• Richardson, NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 91-7 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig PC Minutes - 5/7/91 (9951d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 1. The location, site layout, and design of the proposed•164 unit senior citizen apartment complex with ancillary support services 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 -site are properly integrated. The 164 unit senior apartment complex with ancillary support services and 82 on -site parking spaces will provide an improved project and a properly integrated project. 3. The access to and parking for the proposed 164 unit senior citizen apartment complex does not create an undue traffic problem. The inclusion of 82 on -site parking spaces, a transit facility and a van pool service will greatly reduce the potential impact associated with traffic and parking. 4. The provision of 33 affordable senior housing units or 20% of the project is in conformance with the City of Huntington Beach's General Plan and is consistent with the goals and policies of the Housing Element which is to provide affordable housing for the senior citizens of the City of Huntington Beach. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91 7: 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 irregular shape of the property.along with the project's use of existing foundations, parking structure walls and general site layout of a previously approved project, restricts the applicants ability to conform to all applicable development standards of the Pacifica Community Plan. 2. The granting of a conditional exception for increased site coverage, reduced parking stall width and to permit seven (7) two (2) bedroom units is necessary in order to preserve the enjoyment of one or more substantial property rights. The use of a previously approved Project's foundations, parking structure walls and general site layout preserves the property owners right by utilizing an existing project and improving the overall development site. PC Minutes - 5/7/91 -10- (9951d) 3. The granting of Conditional Exception (Variance)'--N L increased site coverage, reduced parking stall width and to permit seven (7) two (2) bedroom. units 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 use of improved architectural treatment, increased landscaping along Main Street and Florida Street along with 31 additional parking spaces will reduce and or eliminate the potential detriment to the conforming land, property or improvements in the neighborhood. 4. The granting of Conditional Exception (Variance) No. 91-7 for increased site coverage, reduced parking stall width and to permit sever. (7) two (2) bedroom units is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. The proposed 164 unit senior citizen apartment complex with ancillary support services and associated variances is consistent with the Mixed Use Land Use Designation and Pacifica Community Plan zoning which is to provide senior citizen housing. 5. The applicant is willing and able to carry out the purposes for which the conditional exception (variance)is sought and he will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL: 1. The site plan, floor plans and elevations received and dated April 5, 1991 shall be the conceptually approved layout with the following modifications: a. The covered bus stop locations shall be indicated on the site plan and a dimensioned elevation shall be provided. b. A hair/beauty salon shall be indicated on the floor plans. c. A parking structure security gate system shall be indicated. The security gate and system shall be subject to the approval of the Community Development Department, Fire Department and Public Works Department. 2. 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. PC Minutes - "5/7/91 -11- (9951d) c. Floor plans shall*depict natural gas and �2�V.�„smell 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. d. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for•units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced .in the field of acoustical engineering,* with the application for building permit(s). e. Elevations shall depict colors and building materials as conceptually proposed on the colored elevation presented to the Planning Commission on May 7, 1991. f. 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. g. If outdoor lighting is lamps or similar energy included, high-pressure savings lamps shall be sodium vapor used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, soil corrosivity, fill properties, foundations, retaining walls, streets, and utilities. i. The Community Development Department shall review and approve the following: (a) Special architectural treatment shall be provided on all building walls. (b) Revised site plan and elevations as modified pursuant to Condition No. 1. (c) Proposed structures shall be architecturally compatible with existing structures. j. The site plan shall include (or reference page) all conditions of approval imposed on the 'project printed verbatim. PC Minutes - 5/7/91 -12- (9951d) 3. Prior to issuance of building permits, the appJicah-r-iZVrffe-r1.3h'all 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 ,,ith Section 9608 and Article 964, Section 9645.13 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. 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. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. f. Submit a Parking Management Plan for review and approval by the Community Development Department which contains the following: 1. Parking space designation for tenants, employees and visitors. 2. Van pool/bus schedules. 3. A maximum vehicle per unit plan shall be established which restricts the number of vehicles per unit to insure adequate guest, visitor and employee parking. The plan shall restrict the maximum number of vehicles to units to no more than 40% or 65 vehicles. PC Minutes - 5/7/91 -13- (9951d) g . An Affordable, Housing Agreement Plan to provide `a'ff'6fUabZ'e" housing within the project shall be submitted for review and approval by the Community Development Department. The plan shall provide for minimum 20 percent of the housing units (33 units) on -site, for persons of very low and low income as per the provisions of Government Code Section 65913.4(a). Pursuant to Government Code Section 65913.4(c) affordability of the units shall be reserved for a minimum of thirty (30) years. The following affordable housings units shall be required: Affordable Units 16 units, very low income (0-50% median income) 17 units, low income (50-80% median income) HUD CCLLiflcdte Total Affordable Units 33 units (20% of project) Upon final determination of financing methods, additional affordable units may be required by the City Council. h. 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. i. The major identification sign shall comply with Article 961, Signs of the Huntington Beach Ordinance Code. 4. The Public Works Department requirements are as follows: d a. The Developer shall submit water improvements 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.** b. The water system shall be located within 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. The Developer will be responsible for payment of any additional fees adopted in the upcoming Water Division Financial Master Plan. PC Minutes - 5/7/91 . -14- (9951d) 0 F_� 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. No combustible construction shall occur until an approved water system is installed. f. Low volume fixture heads shall be incorporated into the design of the water system of each unit. g. Developer shall use "drought tolerant" plants and turf for all common area landscaping, landscape plans shall be approved by the Department of Public Works and on -site irrigation by the Water Division. h. All landscaping shall have a separate irrigation service. i. All of the required off -site improvements shall conform to the approved plan dated June 5, 1985. j. Prior to the issuance of building permits, an integrated landscape plan for the site shall be submitted to the Planning Department for approval. In addition to landscaping requirements contained in the Code, the 40 eucalyptus trees formerly on the site shall be replaced with twelve (12) 36 inch box trees in the landscape area adjacent to Main Street and twelve (12) 24 inch box trees in the landscape area adjacent to Florida Street; the remaining 16 trees shall be replaced at a ratio of six (6) 15 gallon trees per true replaced or two (2) 24 inch box trees per tree replaced or one (1) 36 inch box tree per tree removed, providing that eight (8) of the 16 trees shall be at a 24 inch box size.** k. No parking shall be allowed on Main Street and Florida Street. The curb shall be painted red. 1. Prior to occupancy of any units, a bus shelter shall be provided on site, maintained by the applicant, and adjacent to the bus turn -out on Main Street. Building elevations and locations for the bus shelter shall be submitted to the Department of Community Development for review and approval. M. A radius -type driveways shall be required on Florida Street. n. The cross gutter at Florida and Main Street shall be eliminated and replaced with an approved underground drained system at the applicant's expense. PC Minutes - 5/7/91 -15- (9951d) i i soils engineer. This analysis shall indlude off -sine sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. P. 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 q-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. q. On -site sewers shall be private. r. The Developer will be responsible for the payment of the Traffic Impact fees at the time of Final Inspection. S. Submit a soils report and grading plan for Public Works approval. 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. 5. 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. b. A Class III wet standpipe system (combination) will be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. C. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. The system will provide the following: 1. Manual pulls. 2. Water flow, valve tamper and trouble detection. 3. 24 hour supervision. 4. Smoke Detectors. 5. Annunciation. 6. Audible alarms. 7. Graphic Display. 8. Voice Communication. PC Minutes - 5/7/91 -16- (9951d) 1 d. Fire extinguishers will be installed and--- areas ir-u comply with Huntington Beach Fire Code Standards. e. Elevators will -be sized to accommodate an ambulance gurney. Minimum 6'8" wide by 4'3" deep with minimum of 42" opening. f. Security gates will be designed to comply with City Specification #403 (knox access). g. Address numbers will be installed to comply with City Specification #428. The size of the numbers will be the following: 1. The number for the building will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. h. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification #426. i.. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. j. The project will comply with all provisions of the Huntington Beach Fire code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. k. The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay districts. 1. Magnetic "hold open" devices (de -activated with alarm,,) are required on all doors which are rated fire assemblies. M. Trash and linen chutes must comply with all requirements of Title 24, California Administrative Code, and Huntington Beach Fire and Building Codes. n. Double back flow preventer (618) required on water supply to automatic sprinkler system. o. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 6. The development shall coniply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. 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. PC Minutes - 5/7/91 -17- (9951d) 8. Installation.of required landscaping andIirrtT-acNana13ysw-ems istiall be completed prior to final inspection/within-twe-l-re---K-2--}��nths. 9. 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. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) 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. 12. The Planning Commission reserves the riaht to modifv the terms of ConditionalUsePermit No. 91-4* and Conditional Exception (Variance) No. 91-7 if any violation of these conditions or the, Huntington Beach Ordinance Code occurs. 13. This conditional use permit shall not become effective 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. 14. This Conditional Use Permit No. 91-4 and Conditional Exception (Variance) No. 91-7 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. PC Minutes - 5/7/91 -18- (9951d) 1 B-3 CONDITIONAL USE PERMIT NO. 91-6: APPLICANT: GIOVANNI AND ROSEMARY SAFFIOff- LOCATION: 18344 Beach Boulevard, Unit One Huntington Beach, CA 92646 Conditional Use Permit No. 91-6 is a request to permit the sale'of beer and wine for on -site consumption in conjunction with an existing restaurant (Macaroni). Pursuant to Section 9636 and Section 9220.1(d)U of the Huntington Beach Ordinance Code, the sale of alcoholic beverages requires a conditional use permit. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-6 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE CONDITIONAL USE PERMIT NO. 91-6 WITH FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-6: 1. The location, site layout, and design of the existing restaurant With on -site sale of beer and wine properly adapts the existing and proposed use to streets, driveways, and other adjacent structures and uses in a harmonious manner. The site is provided with adequate on -site parking and is buffered from the residential uses to the east. 2. The combination and relationship of the existing restaurant with the proposed on -site sale of beer and wine are properly integrated. The existing restaurant is provided with adequate seating and floor area to accommodate the addition of on -site sale of beer and wine. PC Minutes - 5/7/91 -19- (9951d) 3. The access to and parking for the existing- resta=ant�wa-oes-root ' create an undue traffic problem. Access to t-Fe si e �� s pr0vidi5d . on Beach Boulevard ard'the existing ninety -Four (94) on -site parking spaces is adequate for the existing commercial uses. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 91-k: 1. The site plan, floor plans, and elevations received and dated April 16, 1991 shall'be the conceptually approved layout. 2.. Hours of operation shall be as follows: Monday - Thursday 11:30 AM to 10:00 PM Friday 11:30 AM to 11:00 PM Saturday 4:00 PM to 11:00 PM Sunday 4:00 PM to 9:00 PM 3. The restaurant shall comply with all applicable provisions of the Ordinance Code, Uniform Building Code, and Uniform Fire Code. 4. A-11 Alcoholic Beverage Control (ABC) requirements shall be met prior to alcohol sales. 5. Live entertainment shall be prohibited unless a conditional use permit for such entertainment is granted by the Planning Commission. 6. The Planning Commission reserves the right to amend Conditional Use Permit No. 91-6 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-4 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO. 90-70: APPLICANT/ APPELLANT: MEHRAN AHRESTANI LOCATION: 18442 Manitoba Lane Ilse Permit No. 90-70 is a request to permit a six (6) foot tall wrought iron fence with seven (7) foot tall columns on the front property line pursuant to Section 9771(L) of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal of the Zoning Administrator's denial of Use Permit No. 90-70 with findings. Mehran Ahrestani, 18442 Manitoba Lane, applicant, stated the reason for the fence is her family's safety. PC Minutes - 5/7/91 -20- (9951d) Bud Greenleaf, 7702 Yukon Drive, spoke in favor of—th-e--* "e- t-.- feels the fence is.an asset to the neighborhood. Craig Pracon, 7691 Yukon Drive, spoke in favor of the request. He stated the fence was an upgrade to the neighborhood. Firouzeh Ahrestani, 18442 Manitoba Lane, applicant, stated he was not aware that he needed permits to build the fence. He also said he built the fence for the safety of his children. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed possible alternatives with staff. A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO DEN'i THE APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO. 90-70 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Kirkland, Dettloff, Leipzig NOES: Shomaker ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - USE PERMIT NO, 90-70: 1. The establishment, maintenance and operation of the six (6) foot fence with seven (7) foot.tall columns on the front property 'Line will be detrimental to: a. The general welfare of persons residing in the vicinity because the appearance and location of the fence does not blend with the immediate neighborhood. b. Property and improvements in the vicinity of the fence. There are no walls or fences located in the front yards of any other properties in the neighborhood. In addition, the r fence spans across an existing sewer easement at the south end. 2. There are no special circumstances associated with the shape or location of the property which make the proposed six (6) foot fence on the front property line necessary in order to preselve property rights. PC Minutes - 5/7/91 -21- (9951d) 3. The location, site layout, and -de'si 'n of Y g does=:..._... not properly adapt the proposed structure to'"s".t<•reet5 ;= driveways or other . adjacent homes im a harmonious manner.,;.-.' The- fence is not compatible with other properties in the neighborhood which generally do not have fences in the front yard'setback: The fence spans across a six (6) foot'sewer easement which crosses the southernmost portion of the property which conflicts with city requirements. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO, 91-3(R)_: APPLICANT: CITY OF HUNTINGTON BEACH/DEPARTMENT OF ADMINISTRATIVE SERVICES LOCATION: Northwest corner of Goldenwest Street and Clay Avenue. General Plan Conformance No. 91-3(R) is a request to review for conformity with the General Plan, the disposition of a 12,240 square foot parcel owned by the City of Huntington Beach. The subject property is currently vacant. The original request, General Plan Conformance No. 91-3, was denied by the Planning Commission on March 19, 1991 based upon findings. This request is identical to the original and is being transmitted for reconsideration due to additional information. 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. STAFF RECOMMENDATION: r Staff recommends that the Planning Commission approve General Plan Conformance No. 91-3(R) pursuant to Section 65402 of the California Government Code with suggested findings. The Commission refered to Bob Eichblatt's memo and questioned where the two other sites which were considered more desirable for the Green Acres project were located. Public Works said one was located on Goldenwest Street and the other on Ellis Avenue, both located within the Central Park Area. Other Commission concerns where that it was an ideal location for a resevoir, outside study is needed and there appeared to be of an uncooperative attitude with the County. PC Minutes - 5/7/91 -22 (9951d) Commissioner Kirkland spoke. for the request,------- aya--i-t is a prudent transaction they should rely on their expertise. Commissioner Shomaker agreed with Commissioner Kirkland. A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO DENY GENERAL PLAN CONFORMANCE NO. 91-3(R) WITH FINDINGS, -BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Dettloff, Leipzig NOES: Shomaker, Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - GENERAL PLAN CONFORMANCE NO 91-3: 1. Disposition of the subject property to allow for residential development is premature until it can be conclusively demonstrated that the site is not suited for other public use. 2. Disposition of the subject property would deprive the City of a parcel that is of potential use for water facilities, such as a reclaimed (recycled) water resevoir, because of its relatively high elevation, which is of hydraulic advantage because of minimized energy costs of pumping water. 3. The conveyance would be inconsistent with the following policies contained in the General Plan: a. Achieve wise management and planned utilization of .the area's water resources by encouraging water conservation, reclamation, and desalinization. (2.1.2.2) b. Provide and maintain an adequate level of community facilities and municipal services in all community areas. (3.3.5.1) c. Improve and upgrade community facilities when necessary. (3.3.5.1) d. Promote the provision of adequate community facilities within the City of Huntington Beach. (3.5.6.1) e. Incorporate energy -saving measures and devices in the design of new City buildings. (3.5.6.3) f. Investigate opportunities for City involvement in resource recycling activities. (3.5.6.4) PC Minutes - 5/7/91 -23- (9951d) D. NON-PUBLIC HEARING ITEMS ' D-1 EXTENSION OF TIME CONDITIONAL USE PERMIT NOS, 89-58 AND 89-59: APPLICANT: MASA PROPERTIES INC. LOCATION: 1300 and 1390 Pacific Coast Highway The applicant is requesting a one (1) year extension of time for Conditional Use Permits No. 89-58 and 89-59 and Coastal Development Permits No. 89-33 and 89=34, which were approved by the Planning Commission on May 15, 1991; These approvals permitted the construction of two 4-unit condominiums with special permits for: 1•) a five (5) foot minimum dimension of common open space in lieu of 20 feet; 2) 51% site coverage in lieu of 50%; and 3) 7.3 feet upper story setback in lieu of 10 feet. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a one (1) year extension of time for Conditional Use Permits No. 89-58 and 89-59 and Coastal Development Permits No. 89-33 and 89-34 to May 15, 1992 with all previous conditions of approval to remain in effect and modify one condition and add one condition. A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE A ONE YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NOS. 89-58 AND 89-59 AND COASTAL DEVELOPMENT PERMIT NOS. 89-33 AND 89-34 TO MAY 15, 1992, WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, AND MODIFY ONE CONDITION OF APPROVAL AND ADD ONE CONDITION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED MODIFIED AND ADDITIONAL CONDITIONS OF APPROVAL - CONDITIONAL_ USE PERMIT NO. 89-58/59: 14. The developer shall be responsible for paying the Traffic Impact Fee at the time of final inspection. (modified condition) 15. The developer shall be responsible for payment of any additional fees adopted in the upcoming Water Division Master Plan. PC Minutes - 5/7/91 -24- (9951d) D-2 CONDITIONAL USE PERMIT NO. 89-6(A)/TENTATIVE-T12A�T- 3-439---..__..-. CONDITIONS: - APPLICANT: DAVID DAHL At the April 16, 1991 Planning Commission meeting, the Commission requested staff to submit revised conditions of approval for Conditional Use Permit No. 89-6(A) and Tentative Tract No. 13439. In reviewing the video tape from the February 21, 1990 Planning Commission meeting, it was noted that a couple of conditions did not accuratly reflect the Planning Commissions original intent. The staff has reviewed these conditions and submits the revised conditions for the Commissions review and adoption. STAFF RECOMMENDATION: The staff recommends that the Commission approve the corrected conditions and direct staff to notify the applicant in writing of the corrected conditions of approval. A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE THE CORRECTED CONDITIONS AND DIRECT STAFF TO NOTIFY THE APPLICANT IN WRITING OF THE CORRECTED CONDITIONS OF APPROVAL AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Richardson, NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED Present condition: Newman, Shomaker, Kirkland, Dettloff, Leipzig 3. 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. 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. PC Minutes - 5/7/91 -257 (9951d) The landscape plans shall be in con formanuP—..ze th_k. '-- - gx- and Ellis-Goldenwest Specific Plan of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any.existing significant 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 within the general vicinity of removal (trail- area on western border) qnd shall be reviewed by Community Development staff and Subdivision Committee. Revised Condition: 3. 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. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation. plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and Ellis-Goldenwest Specific Plan of the Huntington Beach Ordinance Code. The set must be approved by both. departments prior to issuance of building permits. Any existing significant mature trees that must be removed shall. be replaced at a 2 to 1 ratio with minimum 36-inch box trees, 12 feet in height, which shall be incorporated into the project's landscape plan within the general vicinity of removal (trail area on western border) and shall be reviewed by Community Development staff and Subdivision CoiTartittee. Present Condition: (3b) Removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or prior to April 1, 1990. Revised Condition: (3b) Removal or replacement of any trees shall not take place during the nesting period of any native wildlife, or from January 1, through August 31 of any year. Should the applicant provide written documentation from the Department of Fish and Game or other qualified agency, the time period may be reduced at the discretion of the Planning Commission. PC Minutes - 5/7/91 -26- (9951d) E. DISCUSSION ITEMS E-1 Affordable Housing Commissioner Newman - stated there was a lack of direction as to what the next steps would be after the joint study session with City Council regarding Affordable Housing. She suggested the following: • Investigate what other coastal cities -are doing in regards to affordable housing. She stated there was a vast difference between coastal land and other land. Composition of a task force which can provide information to all agencies involved. Instead of using an outside consultant, use in-house people. Commissioner Leipzig - stated he was in favor of staff pursuing a Density Bonus Ordinance and Affordable Housing. He is in favor of 20% Affordable Housing and suggested that public transportation growth be studied along with Affordable Housing. He also stated that they should be careful to use a -fair share policy so certain developers are not singled out. A MOTION WAS MADE BY KIRKLAND; SECOND BY RICHARDSON TO RECOMMEND BY MINUTE ACTION TO CITY COUNCIL THE FORMATION OF AN AFFORDABLE HOUSING TASK FORCE AS DISCUSSED AT THE JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION OF APRIL 29, 1991 BY MAY 30, 1991 AND THAT IT BE COMPOSED OF A CROSS SECTION OF THE COMMUNITY WHO ARE MOST KNOWLEDGEABLE, WITH THE SUGGESTED INCLUSION OF MEMBERS FROM THE FOLLOWING GROUPS: CHAMBER OF COMMERCE, FOUNTAIN VALLEY/HUNTINGTON BEACH BOARD OF REALTORS, HABITAT FOR HUMANITY, CITY COUNCIL AND PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED PC Minutes - 5/7/91 -27- .(9951d) F. PLANNING COMMISSION INOUIRIEr Commissioner Richardson - asked staff to define the word significant in the staff reports whenever possible. He also questioned counsel on code violation process. He asked whether or no't a citation could be issued on a citizen'-s complaint alone or was it mandatory that the Code Enforcement Officer actually see -the violation occur? Counsel explained that i-n order to issue a citation, the Code Enforcement Officer or Police Officer must actually witness the violation, but a citizen could use the process of citizens arrest. Commissioner Richardson also questioned counsel if non-contiguous land development was a way -to get away from -the Quimby Act. Counsel explained the difference -between the use of the Quimby Act and the use of CEQA. Commissioner Leipzig - requested that staff bring before the Commission any concrete evidence gathered by a citizen that shows any violations to conditions of approval. Commissioner Kirkland - asked staff if "Good Guys" in the Marshall's shopping center had responded to any of the inquires made of them. Staff replied they had not, but they would notify them again. G. PLANNING COMMISSION ITEMS Commissioner Richardson: Reconsideration of the hours of operation on Conditional Use Permit No. 91-5 - Massimo Pizza. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO RECONSIDER THE VOTE ON CONDITIONAL USE PERMIT NO. 91-5 - MASSIMO PIZZA AT,THE MAY 21, 1991 PLANNING COMMISSION MEETING, TO DISCUSS THE CLOSING HOURS OF OPERATION, WHICH BY ERROR OF -THE APPLICANT WAS STATED AS 9:00 PM INSTEAD OF 11:00 PM, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT:- Bourguignon ABSTAIN: None MOTION PASSED J PC Minutes - 5/7/91 -28- (9951d) 1 H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action take by the City Council at their meeting of May 6, 1991 I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO ADJOURN TO THE REGULARLY SCHEDULED MEETING TUESDAY, MAY 21, 1991 AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED /kj 1 APPROVED Y• ;! Mik�m , Secretary Planni g Commissio person PC Minutes - 5/7/91 -29- (9951d)