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HomeMy WebLinkAbout1991-05-21APPROVED-10ZRZ21 MINUTES HUNTINGTON BEACH PLANNING COMMISSION MAY 21, 1991 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Richardson, Newman, Shomaker, Kirkland, Dettloff, 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. None B. PUBLIC HEARING ITEMS - PROCEDURE: Staff Report, Commission Discussion, Public Hearing, Action B-1 SPECIAL SIGN PERMIT NO. 91-3 IN CONJUNCTION WITH PLANNED SIGN PROGRAM NO. 90-19 (CONTINUED FROM THE MARCH 14-,--1991 PLANNING COMMISSION MEETING): APPLICANT: WOODS SIGN AND LIGHTING LOCATION: 18822-18812 Beach Boulevard (Southeast corner of Beach Boulevard at Constantine Drive) The applicant has requested a formal withdrawal for Special Sign Permit No. 91-2 in conjunction with Planned Sign Program No. 90-19. The request was to establish a master planned sign program with a request to maintain an existing non -conforming freestanding pole sign. STAFF RECOMMENDATION: Staff recommends the applicant's request of formal withdrawal for Special Sign Permit No. 91-3 in conjunction with Planned Sign Program No. 90-19. APPLICATION WITHDRAWN B-2 CONDITIONAL USE PERMIT NO 91-5 (RECONSIDERATION): APPLICANT: BAJRAM AND SADIJA DJOKAJ LOCATION: 22311 Brookhurst Avenue Conditional Use Permit No. 91-5 was approved by the Planning Commission on April 16, 1991, with a condition limiting the hours of operation from 11:00 AM to 9:00 PM. Since that time the applicant has indicated that his original intent was to extend the closing time to 11:00 PM. This was not properly stated in his original application and staff, therefore, did not include it in the original, conditions of approval. Due to the applicant's concern with the -_ -4 hours of operation, Commissioner Richardson called for and received approval at a Commission vote on May 7, 1991 to reconsider the application at the May 21, 1991 meeting. Staff has accordingly readvertised this item for public hearing. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 91-5 with expanded hours of operation from 11:00 AM to 11:00 PM with findings and 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 BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-5 WITH FINDINGS AND CONDITIONS OF APPROVAL INCLUDING EXTENDED HOURS OF OPERATION FROM THE EXISTING 11:00 AM TO 9:00 PM TO THE PROPOSED 11:00 AM to 11:00 PM, BY THE FOLLOWING VOTE: PC Minutes - 5/21/91 -2- (0461d) AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-5: 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 uses off-street parking, therefore, the use will not impact the residential and public uses in the vicinity. 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. 3. The access to and parking for the existing restaurant does not create an undue traffic problem. Access to the site is provided from Brookhurst and Bushard streets and does not impact neighborhood residential streets. The existing fifty-seven (57) off-street parking spaces are adequate for the existing commercial uses. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 91-5: 1. The site plan and floor plans received and dated January 28, 1991 shall be the conceptually approved layout. 2. No carryout sales shall be permitted. All alcoholic beverages shall be consumed within the restaurant. 3. All beer and wine sold by the establishment shall be placed in distinctively marked containers, clearly indicating the contents of the container, thus discouraging customers from carrying the containers out to their cars or to the beach. 4. The restaurant shall comply with all applicable provisions of the Ordinance Code, Uniform Building Code, and Uniform Fire Code. 5. All Alcoholic Beverage Control (ABC) requirements shall be met prior to alcohol sales. 6. Live entertainment shall be prohibited unless a conditional use permit for such entertainment is granted by the Planning Commission. PC Minutes - 5/21/91 -3- (0461d) 7. Hours of operation shall be 11:00 AM to 11:00 PM seven (7) days a week. 8. All signs shall be in conformance with Article 961 Signs of the Huntington Beach Ordinance Code. 9. A six (6) month review of the operation of the restaurant shall be conducted by the Planning Commission in order to determine the appropriatness of the hours of operation. 10. The Planning Commission reserves the right to modify the terms of Conditional Use Permit No. 91-5 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-3 CONDITIONAL USE PERMIT NO. 90-40: APPLICANT: JEFFREY C. ROHRING LOCATION: 17296 Beach Boulevard, Suite B-D (Eastside of Beach Boulevard approximately 50 feet north of Holland Drive) On September 5, 1990, the Planning Commission approved Conditional Use Permit No. 90-40, a request to establish dancing and live entertainment within an existing restaurant known as Centerfield Sports Bar and Grill located at 17296 Beach Boulevard (Holland Center). The application also included a request for joint use parking based upon the fact that the addition of ancillary dancing requires additional parking and the site is deficient of code required on -site parking. Condition No. 11 states: "A review of the use shall be conducted within six (6) months of the issuance of a Certificate of Occupancy and thereafter on a yearly basis, to verify compliance with all conditions of approval and applicable articles of the Huntington Beach Ordinance Code. On May 15, 1991, the Land Use Section conducted an inspection of the site. The inspection indicates that Centerfield Sports Bar and Grill was in substantial compliance with the imposed conditions of approval. In addition, the Land Use Section reports that no land use complaints have been received regarding violations of the imposed conditions of approval for the use. It should be noted that the Huntington Beach Police Department has received a total of 24 calls for assistance directly related to the use under review. The majority of the calls have been associated with parking problems and the loud music attributed to the live entertainment provided. In an attempt to reduce and/or eliminate noise problems, the applicant has contracted a sound insulation specialist to insulate the business. Also, the applicant has notified the surrounding residents and businesses of the applicant's attempts at eliminating the noise problems. In addition the applicant has obtained informal approval from the property owner to the north (Home Appliance Center) to use the available parking during the evening when spillover parking is required. PC Minutes - 5/21/91 -4- (0461d) Based upon the aforementioned and the applicant's attempts at mitigating the problems, the Police Department is recommending a six (6) month probationary period to continue to monitor the site and the use. Staff concurs with the Police Department recommendation and also recommends that a formal agreement be reached between the applicant and the property owner to the north (Home Appliance Center) regarding the use of parking and that a noise study and parking study be submitted to verify the abatement of the Police Department concerns. STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept the six (6) month review and schedule a public hearing for the additional six (6) month probationary review for the November 19, 1991 Planning Commission meeting. The applicant shall provide a formal parking agreement with the property owner to the north, a noise study and one (1) week parking study to verify abatement of the nuisances. The Commission questioned whether the 24 complaints received by the Police Department were related to one incident or ongoing. Staff explained they were separate ongoing complaints, but the applicant is working with the residents to eliminate the problems. THE PUBLIC HEARING WAS OPENED. Jeff Rohring, applicant, stated the last complaint they had received was April 15, 1991. Since that time the applicant has insulated the room and has received no complaints. The Commission question Jeff Rohring in regards to the 24 complaints received by the Police Department. Mr. Rohring explained they had electrical problems which triggered the alarm system. He also stated there had been parking problems when the other tenants in the center were open. Mr. Mara (SP?), adjacent property owner, spoke against the request citing parking as a major problem. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed the various parking problems brought up. The applicant stated he would be willing to work with neighbors to solve the parking issues. The Commission requested that a parking study be done prior to the six (6) month review. PC Minutes - 5/21/91 -5- (0461d) A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO ACCEPT THE SIX (6) MONTH REVIEW FOR CONDITIONAL USE PERMIT NO. 90-40 AND SCHEDULE A PUBLIC HEARING FOR THE ADDITIONAL SIX (6) MONTH PROBATIONARY REVIEW FOR THE NOVEMBER 19, 1991 PLANNING COMMISSION MEETING. THE APPLICANT SHALL PROVIDE A FORMAL PARKING AGREEMENT WITH THE PROPERTY OWNER TO THE NORTH, A NOISE STUDY AND ONE (1) WEEK PARKING STUDY TO VERIFY ABATEMENT OF THE NUISANCES, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-4 CONDITIONAL USE PERMIT NO 91-10 WITH SPECIAL PERMITS/ TENTATIVE TRACT MAP NO 14494/NEGATIVE DECLARATION NO. 91-8: APPLICANT: SUNHAWK PROPERTIES LOCATION: 17552 Van Buren Street (East side of Van Buren Street approximately 500 feet south of Slater Avenue) Conditional Use Permit No. 90-10 with Special Permits, Tentative Tract Map No. 14494 and Negative Declaration No. 91-8 is a request to subdivide a parcel of land to construct 14 attached dwelling units pursuant to Section 915 of the Huntington Beach Ordinance Code. Special permits are requested for: 1. Unenclosed parking space located within 15 feet of a dwelling unit. 2. All two story units. 3. Reduction in common open space. 4. Reduction in width of entryway from 48 feet to 25 feet. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-8 and approve Conditional Use Permit No. 90-10 and Tentative Tract Map No. 14494 with findings and suggested conditions of approval. PC Minutes - 5/21/91 -6- (0461d) THE PUBLIC HEARING WAS OPENED. Jim McLaughlin, representing applicant, stated the project would be an asset to the community both functionally and aesthically. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commission regarding parking spaces and open space. A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE NEGATIVE DECLARATION NO. 91-5, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-10 WITH SPECIAL PERMITS AND TENTATIVE TRACT MAP NO. 14494 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-10: 1. The location, site layout, and design of the proposed 14 unit planned residential development with four (4) special permits properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The access to the project and the building height and bulk are compatible with the adjacent structures and uses. 2. The proposed 14 unit planned residential development with four (4) special permits is compatible with surrounding properties in terms of architecture and orientation and will not be detrimental to the general welfare of persons residing or working in the vicinity, nor detrimental to property and improvements in the vicinity. PC Minutes - 5/21/91 -7- (0461d) 3. The access to and parking for the proposed 14 unit planned residential development with four (4) special permits does not create an undue traffic problem. The access point for the project and the minimum code required parking provides adequate on -site and off -site traffic circulation and parking. 4. The planned residential development for a 14 unit project with four (4) special permits conforms to the provisions contained in Article 915. 5. Conditional Use Permit 91-10 for a 14 unit planned residential development with four (4) special permits is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. The intent of the Medium Density Residential Land Use Designation and Planned Residential Development Standards are to provide a better living environment and promote aesthetically pleasing developments. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits for deviations to the requirements of Article 915 of the Huntington Beach Ordinance Code promote a better living environment and provide an improved site layout and design. a. To reduce required separation of an unenclosed parking space from a dwelling unit from 15 feet to three (3) feet. b. To permit all two story units. c. Reduction in common open space. d. Reduction in width of entryway. 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The approval of the special permits will not be detrimental to the general health, welfare, safety and convenience, and not detrimental and injurious to the value of property and improvements of the neighborhood or of the City in general, because they result in a project with an improved living environment and site layout. 4. The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the parcel and compatible with the surrounding environment. PC Minutes - 5/21/91 -8- (0461d) J FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14494: 1. The size, depth, frontage and other design features of the proposed one (1) lot subdivision for 14 units are in compliance with the standard plans and specifications on file with the City as well as with the State Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for Medium Density Residential development at the time the General Plan designation was placed on the site, and will accommodate the development of 14 condominiums. 3. The General Plan has set forth provisions for this type of land use as well as objectives for the implementation of this type of housing. 4. The site is physically suitable for the proposed density of 15 units per gross acre. 5. The tentative tract map is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-10: 1. The site plan, floor plans, and elevations received and dated April 19, 1991 shall be the conceptually approved layout with the following modifications: a. Provide architectural treatment such as horizontal banding on the proposed elevations. b. Provide additional articulated pavement treatment in the driveways and guest parking spaces. c. Driveway entrance shall be minimum 27 feet width with a radius apron subject to Public Works Standards. d. Garage doors shall be roll up sectional with openers. PC Minutes - 5/21/91 -9- (0461d) 2. Prior to issuance of building permits, the applicant shall submit the following: a. A landscape construction set must be submitted to the Departments of Community Development Public Works, and Fire for review and approval. 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 the Ordinance Code. "Drought tolerant" plants and turf shall be specified for all common area landscaping. In addition, intensified landscaping shall be provided between the dwelling units and the private street to provide visual relief. The landscape plans must be approved by the three departments prior to issuance of building permits. All landscape shall be installed prior to final inspection. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of any rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. c. Elevations shall depict colors and building materials proposed. d. The site plan or reference page shall include all conditions of approval imposed on the project printed verbatim. e. All applicable Public Works fees shall be paid. f. 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, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. A grading plan shall be submitted to and approved by the Department of Public Works. h. Complete detail of security gate configuration shall be submitted for review and approval by Departments of Public Works, Fire and Community Development. i. All utility apparatuses such as, but not limited to, backflow devices and Edison transformers, shall be depicted on the site plan, and shall not be located in the front yard setback, where feasible. All such equipment shall be screened with landscaping or in another manner approved by Community Development Department. PC Minutes - 5/21/91 -10- (0461d) j. Final Tract Map No. 14494 shall be accepted by the City Council. It shall be recorded with the County Recorder's Office prior to Certificate of Occupancy or final inspection of first unit. k. Floor plans shall depict natural gas outlets at the locations of cooking facilities, water heaters, and central heating units, low -volume heads on all spigots and water faucets, and natural gas and 220V electrical outlets at the location of clothes dryers. 1. 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. m. A lighting plan for all stationary outdoor lighting fixtures on the site which includes high-pressure sodium vapor lamps or metal halide for energy savings shall be approved by the Department of Community Development to insure that lighting will be directed only to desired areas, and that no lighting fixtures shall be mounted facing adjacent residential areas. Illumination levels at the project perimeter adjacent to residential properties shall not exceed 2.0 foot candles. 3. Fire Department requirements are as follows: a. Automatic sprinkler systems shall 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. b. A Class III wet standpipe system (combination) shall be installed 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. c. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. The system will provide the following: - Water flow, valve tamper and trouble detection - 24 hour supervision - Smoke Detectors - Annunciation throughout - Audible Alarms throughout - Graphic Display - Manual Pulls d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. PC Minutes - 5/21/91 -11- (0461d) e. Two (2) fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. g. Fire lanes will be designated and posted to comply with City Specification No. 415. h. Security gates will be designed to comply with City Specification No. 403. i. Address numbers will be installed to comply with City Specification No. 428. 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. j. Submit a fire protection plan to the Fire Department for approval containing requirements of Fire Department Specification No. 426. 1. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Include the circulation plan and dimensions of all access roads. m. 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. n. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. o. The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. 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 materials, shall be disposed of at an off -site facility equipped to handle them. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. PC Minutes - 5/21/91 -12- (0461d) 1 7. During cleaning, grading, earth moving or excavation the applicant shall: a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions). b. Maintain equipment engines in proper tune. 8. During construction, the applicant shall: a. Use water trucks or sprinkler systems to keep all areas where vehicles move 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 in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions). c. Use low sulfur fuel (.05% by weight) for construction equipment. d. 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. Construction activities shall comply with Chapter 8.40 of the Huntington Beach Municipal Code. 10. Prior to initiation of construction, Police and Fire Department shall be notified and the Department shall be kept informed about duration and extent of construction throughout the process. 11. An acoustical analysis must be conducted to guarantee compliance with the State Noise Insulation Standard of 46 db CNEL interior (habitable rooms) and the City of Huntington Beach Guidelines of 60 db CNEL exterior noise level for residential areas. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14494: 1. The tentative tract map received and dated April 19, 1991, shall be the approved plan with the following modification: a. Driveway entrance shall be minimum 27 feet in width with a radius apron subject to Public Works Standards. PC Minutes - 5/21/91 -13- (0461d) 2. CC&Rs shall be submitted to and approved by the City Attorney and the Department of Community Development at least 60 days prior to recordation of the final tract map in accordance with Article 915 of the Huntington Beach Ordinance code. CC&Rs shall reflect the common driveway access easements, and maintenance of all common landscape areas, project amenities and walls. 3. Full Public works improvements are required to the centerline of Van Buren Street. 4. Water system shall be located in vehicular travelways and dedicated to the city. The developer/homeowner's association shall be responsible for repairing any enhanced pavement, if the water facilities need to be maintained or repaired. 5. Developer shall be responsible for the payment of any additional fees adopted in the Water Division Financial Master Plan if adopted by City Council prior to issuance of Building Permits. 6. The developer shall be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 7. The on -site sewer and water system shall be shown on a City approved utility plan. 8. The on -site sewer mains shall remain private. 9. Hydrology and hydraulic calculations shall be submitted per the latest edition of the Orange County E.M.A. Manual and City Requirements and shall be approved by the Department of Public Works prior to approval of the grading plan. 10. A soils report and grading plan shall be submitted for Public Works approval. 11. 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. 12. The developer shall submit a water conservation plan identifying mitigation measures for approval by the City staff including but not limited to: - Reducing the peak hour demands. - Reducing on -going demands on water supply and storage facilities. 13. No combustible construction shall occur until an approved water system is installed. PC Minutes - 5/21/91 -14- (0461d) 14. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. 15. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public works Department approved method. 16. All vehicular access rights to Van Buren Street shall be released and relinquished to the City except at private drive intersection. B-5 CONDITIONAL USE PERMIT NO. 91-14: APPLICANT: GARY MELZER LOCATION: 7971 Talbert Avenue Conditional Use Permit No. 91-14 is a request to allow the establishment of a sports tavern in conjunction with the sale of alcoholic beverages (beer & wine) for on -site consumption. The proposed sports tavern would be located within an existing commercial center on the northwest corner of Beach Boulevard and Talbert Avenue. A Karate Studio currently exists in the building, which is 2,080 square feet. In addition, the sports tavern proposes providing four (4) pool tables, darts, foosball, pinball/video type games, and a variety of snack type foods. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-14 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Deanna Fields, 19762 Gloucester Lane, representing applicant, spoke for the request. Ms. Fields did state that if they restricted her hours of operation she could not compete with other like businesses. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed the types of food that would be served. They stated they would like to see more than just light snacks, since it was a drinking establishment. They also discussed possible parking problems and whether this site was condusive to this type of business. PC Minutes - 5/21/91 -15- (0461d) A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-14 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: None ABSENT: Kirkland ABSTAIN: None MOTION PASSED Newman, Shomaker, Dettloff, Bourguignon, FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 91-14: 1. The establishment of a sports tavern will not be detrimental to the general welfare of persons residing or working in the vicinity. Adequate buffering to residentially zoned properties to the northwest is provided by adequate separation of structures and conditions on hours of operation and limitations on use of rear exit doors. 2. The access to and from parking for the proposed sports tavern does not create an undue traffic problem. 3. A shared parking agreement will alleviate a problem with shortage of parking spaces. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-4: 1. Floor plans received and dated May 16, 1991 shall be the approved layout. A final seating plan as well as pool table and game location shall be reviewed and approved by the Fire Department. 2. A shared parking agreement shall be recorded with the County of Orange to be valid for the duration of the sports tavern use. 3. The proposed use shall comply with all applicable Fire and Building Codes. 4. 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. 5. There shall be no dumping of bottles after 10:00 PM or before 8:00 AM. 6. The rear entrance/exit shall be for emergency use only and shall be kept closed during business hours. Customers must enter and exit through the front door. PC Minutes - 5/21/91 -16- (0461d) 1 0 7. The hours of operation shall be 11:00 AM to 1:00 AM Sundays through Wednesday, and 11:00 AM to 2:00 AM Thursday through Saturday. 8. Food service shall be available during all hours alcohol is served. 9. Live entertainment shall be prohibited unless a conditional use permit for such entertainment is granted by the Planning Commission. 10. The existing pole sign shall be removed and replacement of the roof -top sign shall be reviewed and approved by the Director of Planning. 11. The sale of beer and/or wine for consumption off -site shall be prohibited. 12. This conditional use permit shall run with the applicant. Any additional activities beyond those proposed shall require the review and approval of the conditional use permit process. 13. A six (6) month review of the operation shall be conducted by the Planning Commission. All operational conditions are temporary and may be amended at any review. 14. 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. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 91-5 (1991/92 CAPITAL IMPROVEMENTS PROGRAM): APPLICANT: CITY OF HUNTINGTON BEACH The Government Code of the State of California, Section 65401, provides that a local planning agency review a list of the proposed Public Works projects recommended for planning, initiation, or construction during the ensuing fiscal year as to conformity with the local General Plan. The City Department of Administrative Services has submitted a coordinated list of all capital projects recommended by City departments for FY 1991/92 in the form of a five (5) year Capital Improvement Program. The Department of Administrative Services requests that the Planning Commission make a finding of conformity of the projects contained in the Capital Improvement Program with the General Plan prior to submittal to the City Council. PC Minutes - 5/21/91 -17- (0461d) The projects listed in the Capital Improvement Program will constitute General Plan Conformance No. 91-5. Staff has attached a list of the funded and unfunded capital projects by department classification for the Planning Commission's review. Each project is summarized as to description, need, priority, funded/unfunded status, and cost. The proposed list of projects for the FY 1991/92 Capital Improvement Program represents an updated and continued implementation of the five (5) year Capital Improvement Program. A project may be carried forward due to lack of funding in 1990/91. If the project was funded in 1990/91 but not implemented, it has also been carried forward to 1991/92. It is recommended that the Commission review the project list for consideration of General Plan Conformance No. 91-5 on June 4, 1991. STAFF RECOMMENDATION Staff recommends that the Planning Commission review the attached list of funded and unfunded projects contained in the proposed City Capital Improvement Program and schedule it for consideration as to conformity with the General Plan on June 4, 1991. THIS ITEM FOR COMMISSION REVIEW - ACTION WILL BE TAKEN AT A LATER DATE D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO. 88-11/CONVENIENCE MARKET WITH BEER AND WINE SALES - ANNUAL REVIEW UPDATE: APPLICANT: AHMAD MOZAFFARI/MAX MARKET LOCATION: 17483 Beach Boulevard (Eastside of Beach Boulevard approximately 200 feet north of Slater Avenue). On March 19, 1991, the Planning Commission continued the annual review update of Conditional Use Permit No. 88-11 to April 16, 1991 in order to allow the applicant and property owner to submit a planned sign program for the center. In the interim, the applicant has hired a sign contractor and submitted informal sign proposals. However, no formal planned sign program proposal and application have been submitted. In addition, the applicant's sign contractor has recently ended his association with the proposed planned sign program project. In order to indicate compliance with the conditions of approval for Conditional Use Permit No. 88-11, the applicant must submit for review and approval a planned sign program for the center along with a special sign permit application to retain the non -conforming freestanding pole sign. 1 PC Minutes - 5/21/91 -18- (0461d) Staff has worked with the applicant and property owner along with the sign contractor in an effort to provide a planned sign program in compliance with the condition of approval. Since no formal planned sign program application have been submitted, staff recommends that the Planning Commission schedule a public hearing for Conditional Use Permit No. 88-11 to determine whether revocation should be recommended to the City Council. STAFF RECOMMENDATION: Staff recommends that the Planning Commission schedule a public hearing for Conditional Use Permit No. 88-11 at the next available Planning Commission meeting date, in order to determine whether revocation should be recommended to the City Council. Scott Fawcet, owner of Sterling Center, explained to the Commission that the business is completely hidden. He also stated that there is not enough funding to remove pole sign and replace with legal signage. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE THE ANNUAL REVIEW OF CONDITIONAL USE PERMIT NO. 88-11 WITH THE CONDITION THE APPLICANT BRING A PLANNED SIGN PROGRAM TO STAFF WITHIN 30 DAYS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D-2 A REQUEST FOR A MAXIMUM ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO, 89-67 APPLICANT: TAIT AND ASSOCIATES, INC. LOCATION: 9002 Adams Avenue (Southwest corner of Magnolia and Adams Avenue) The applicant is requesting a maximum one (1) year extension of time for Conditional Use Permit No. 89-67 which was approved by the Planning Commission on June 19, 1990. Conditional Use Permit No. 89-67 is a request to demolish an existing self-service gas station and permit the construction of a new 1,500 square foot self service gas station with convenience market and car wash pursuant to Section 9220.1(c) - Commercial District Standards of the Huntington Beach Ordinance code. PC Minutes - 5/21/91 -19- (0461d) The applicant is requesting the maximum one (1) year extension of time due to the fact that Unocal is undergoing a company wide reorganization, reevaluation and redirection of their marketing efforts. To date, the applicant has completed and complied with all conditions of approval imposed on the project with the exception of payment of fees for final clearance and the issuance of building permits. Section 9843.4 of the Huntington Beach Ordinance Code requires that actual construction must begin within one (1) year of the final approval date. However, the code states that the Planning Commission may grant extensions of time, for up to one (1) year, upon written request by the applicant. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a maximum one (1) year extension of -time for Conditional Use Permit No. 89-67 to June 29, 1992 with all previous conditions of approval to remain in effect. A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 89-67 WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT AS MODIFIED BY STAFF AND AN ADDITIONAL CONDITION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED MODIFIED AND ADDITIONAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 89-67: 13. The developer shall be responsible for the payment of the Traffic Impact Fees at the time of final inspection. (Modified Condition) 14. Developer shall be responsible for the payment of any additional fees adopted in the Water Division Financial Master Plan if adopted by City Council prior to issuance of Building Permits. (Modified Condition) 18. Prior to issuance of building permit a National Pollution Discharge Elimination System permit shall be obtained from the Regional Water Quality Control Board. (New Condition) E. DISCUSSION ITEMS PC Minutes - 5/21/91 -20- (0461d) Commissioner Richardson - questioned staff as to why they had received answers and comments on a document they had never received. Staff said they would get a copy of the original document to those Commissioners who had not received it. Commissioner Leipzig - recommended that staff compile a comprehensive list of applications needing six month reviews on the pending items list. Staff said they were currently compiling such a list and it would be on the next pending items list. F. PLANNING COMMISSION INQUIRIES Commissioner Richardson - requested staff to alert City Council as to the definition of SRO's as there seems to be some confusion on this subject. Staff said they would do this at the next City Council meeting. Commissioner Newman - asked staff if there had been any forward movement on assemblying a low and moderate housing task force. Staff said this task force was the responsibility of Economic Development and a tentative date in June had been set. G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the City Council meeting of May 20, 1991. I. A MOTION WAS MADE BY KIRKLAND, SECOND BY BUORGUIGNON, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON JUNE 4, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED i Mike AdaIns, S cretary Newman, Shomaker, Kirkland, Bourguignon, Pla ning �__Cbmi5_iss`�LChairperson PC Minutes - 5/21/91 -21- (0461d)