Loading...
HomeMy WebLinkAbout1991-09-17APPROVED 2/19/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION SEPTEMBER 17, 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 A 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-1 CONDITIONAL USE PERMIT NO. 91-28/LOT LINE ADJUSTMENT NO. 91-1 (CONTINUED FROM THE SEPTEMBER 4, 1991 PLANNING COMMISSION MEETING)• APPLICANT: Mark Keller/Farhad Rezai LOCATION: Seabridge Center, 8052 Adams Avenue Conditional Use Permit No. 91-28/Lot Line Adjustment No. 91-01 is a request to construct a new parking lot at Seabridge Center located on the southeast corner of Beach Boulevard and Adams Avenue pursuant to Section D of the Seabridge Specific Plan. The lot line adjustment will reflect the new parking lot boundary and expand the area of a vacant commercial parcel to the west. These items were continued from the September 4, 1991 Planning Commission meeting in order to allow staff time to review a revised parking layout submitted as a result of non-concurrance of a co-owner of the property with the application. STAFF RECOMMENDATION: ' Staff recommends that the Planning Commission deny Conditional Use Permit No. 91-28 and Lot Line Adjustment No. 91-1 with findings. THE PUBLIC HEARING WAS OPENED. Richard Landes, representing property owners adjacent to the commercial property, stated their concerns regarding parking. THE PUBLIC HEARING WAS CONTINUED OPENED. The applicant requested by letter that this item be continued to the October 8, 1991 Planning Commission meeting. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO CONTINUE CONDITINAL USE PERMIT NO. 91-28 AND LOT LINE ADJUSTMENT NO. 91-1 AT THE REQUEST OF THE APPLICANT TO THE OCTOBER 8, 1991 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED Shomaker, Kirkland, Dettloff, Bourguignon, B-2 CONDITIONAL USE PERMIT NO 91-37 (CONTINUED FROM THE SEPTEMBER 4, 1991 PLANNING COMMISSION MEETING): APPLICANT: Leroy Stone LOCATION: 8082 Adams Avenue (Crazy Burro Restaurant) Conditional Use Permit No. 91-37 and Conditional Exception (Variance) No. 91-42 is a request to re-establish the Crazy Burro Restaurant with dancing, live entertainment, alcohol sales and a variance to allow valet parking pursuant to Section 9220.1(d)A, D of the Huntington Beach Ordinance Code. This application was continued from the September 4, 1991 Planning Commission to allow staff to gather additional plans and information. 11 PC Minutes - 9/17/91 -2- (2340d) Conditional Exception (Variance) No. 91-42 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 960 Off-street Parking, Loading and Landscaping in the following areas: 1. Section 9601.2 specifies that all off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. The applicant is requesting to provide a valet parking plan which provides an additional 15 parking spaces. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-37 and Conditional Exception No. 91-42 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Richard Landes, 20042 Beach Boulevard, Suite 200, stated he had no objection to the plan presented. Frank Hayes, 20062 Bayfront Lane #202, spoke in opposition to the request. Mr. Hayes is concerned with noise in the parking lot, he feels the valet parking and guard will not help the situation. Dennis Pleimann, 20032 Bayfront Lane, #204, spoke in opposition to the request. He is concerned with noise in the parking lot. Joseph Barberree, 20032 Bayfront Lane, #204, spoke in opposition to the request. He is concerned with noise in the parking lot. Barbara Taylor, 20062 Bayfront, #203, spoke in opposition to the request. She is concerned with noise in the parking lot. Leroy Stone, 8082 Adams Avenue, owner Crazy Burro, stated he appreciated the concerns of the adjacent residents and would work continually at being a good neighbor. He does not want to be penalized for the previous owners mistakes. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the hours of operation and the valet parking plan. The hours of operation were lessened to 12:00 AM Sunday through Thursday and 1:30 AM Friday and Saturday. PC Minutes - 9/17/91 -3- (2340d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY SHOMAKER TO APPROVE CONDITIONAL USE PERMIT NO. 91-327 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-42 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-37: 1. The location, site layout and design of the proposed live entertainment and dancing 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 a site are properly integrated. 3. The access to and parking for the proposed live entertainment and dancing does not create an undue traffic problem. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 91-42: 1. The granting of a conditional exception for valet parking is necessary in order to preserve the enjoyment of one or more substantial property rights. 2. The granting of Conditional Exception (Variance) No. 91-42 for valet parking will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming land, property, or improvements in the neighborhood. 3. The granting of this conditional exception from Section 9601.2 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide safe internal circulation, entrances and exits, drives and aisles and allow unobstructed access from an aisle without moving another vehicle for every required parking space. 4. The granting of the parking plan for valet parking will not adversely affect the General Plan of the City of Huntington Beach. 5. The applicant is willing and able to carry out the purposes for which the conditional exception (variance)/conditional use permit is sought and he will proceed to do so without unnecessary delay. PC Minutes - 9/17/91 -4- (2340d) C! 1 F-i CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-37/ CONDITIONAL EXCEPTION (VARIANCE) NO. 91-42: 1. The site plan and floor plan received and dated September 5, 1991 shall be the conceptually approved layout with the following modification: a. Valet parking shall be deleted from the remote lot and located along the eastern property line south of the Crazy Burro. Overflow valet parking shall utilize the parking islands. A row of non -valet parking for the office building shall remain available in front of the office building at all times. 2. A parking lot security guard shall be on duty during all live entertainment and dancing events to monitor parking, trash and noise. 3. The hours of operation for live entertainment and dancing shall be: Monday - Thursday 9:00 PM - 12:00 AM Friday - Saturday 9:00 PM - 1:30 AM Sunday 3:00 PM - 12:00 AM 4. The applicant shall work with the adjacent restaurant on a shared valet parking plan if such a request is received. 5. A review of the use shall be conducted within six (6) months of the issuance of the Entertainment 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. 91-37 and Conditional Exception (Variance) No. 91-42 may become null and void. In addition, this review may address a reconsideration of the hours of operation, parking program, amount of security and noise attenuation. 6. The Planning Commission reserves the right to modify the terms of this Conditional Use Permit No. 91-37 and Conditional Exception (Variance) No. 91-42 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 7. This Conditional Use Permit No 91-37 and Conditional Exception (Variance) No. 91-42 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 - 9/17/91 -5- (2340d) B-3 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO, 91-22: APPLICANT: State of California Department of Transportation APPELLANT: Hugh Hewitt LOCATION: Pacific Coast Highway from Brookhurst Street to Beach Boulevard. The dune restoration project will extend from Brookhurst Street to the Edison power plant. Coastal Development Permit No. 91-22 is an appeal by Hugh Hewitt, Attorney for Pacific Enviro Design which owns a portion of the property proposed for dune restoration, of the Zoning Administrator's approval of a request to widen Pacific Coast Highway from Brookhurst Street to Beach Boulevard and implement a Dune Restoration Project from Brookhurst Street to the Southern California Edison Plant as required environmental mitigation pursuant to Environmental Impact Report No. 85-2 (Pacific Coast Highway widening project). The coastal development permit for the highway widening project is being processed pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code. The Dune Restoration Project will be reviewed for "approval in concept" only for a recommendation to the Coastal Commission. STAFF RECOMMENDATION: Staff recommends that the Planning Commission uphold the Zoning Administrator's action to approve Coastal Development No. 91-22 and 'approval in concept' for the Dune Restoration by denying the appeal. THE PUBLIC HEARING WAS OPENED. Ralph Mayer, Mills Land and Water Company, stated he would defer comments to October 8, 1992. THE PUBLIC HEARING WAS CONTINUED OPEN. Staff requested that this item be continued to the October 8, 1992 Planning Commission meeting in order to allow for proper legal notification of the project. L PC Minutes - 9/17/91 -6- (2340d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO CONTINUE TO THE OCTOBER 8, 1991 PLANNING COMMISSION MEETING, IN ORDER TO ALLOW FOR PROPER LEGAL NOTIFICATION OF THE PROJECT, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-4 CONDITIONAL USE PERMIT NO, 91-26/NEGATIVE DECLARATION NO, 91-18: APPLICANT: Takeshi Matsui LOCATION: Southern California Edison right-of-way south of Atlanta Avenue terminus adjacent to the Santa Ana River channel Conditional Use Permit No. 91-26 is a request to establish a 6.5 acre shrub production nursery and Christmas tree growing grounds along the Edison right-of-way from the terminus of Atlanta Avenue south to the adjacent condominium project, pursuant to Section 9630 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-8 and Conditional Use permit No. 91-26 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Richard Reed, 10082 Spar Circle, stated he had several objections to the plan. His concerns included danger of fertilizer, parking and traffic, noise, DNT and dust, illegal aliens and transients. He stated there were no benefits to the adjacent property owners. Takeshi Matsui, applicant, spoke in support of the project. He stated the fertilizer posed no threat to the community. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated they had no concerns with the fertilizer, Commissioner Richardson stated the Environmental Board had no concerns either. They requested staff to elaborate the need for a porta-potti in the conditions and outdoor lighting. PC Minutes - 9/17/91 -7- (2340d) A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 91-26 AND NEGATIVE DECLARATION NO. 91-18 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon NOES: None ABSENT: Newman, Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-26: 1. The proposed shrub nursery and Christmas tree production site will not have a detrimental effect upon the general health, welfare, safety or convenience of persons residing or working in neighborhood and will not be detrimental to the value of property and improvements in the neighborhood. The shrubs will be grown a minimum of 16 feet from the property line of adjacent single family homes and the storage/canning area will be located approximately 100 feet east of the nearest R1 property. 2. The proposed shrub nursery and Christmas tree production site is consistent with the General Plan goals and objectives of utilizing Edison easements for greenbelts and tree farms. 3. The proposed shrub nursery and Christmas tree production site is compatible with the existing uses in the vicinity because limited retail sales activity will take place on the site. 4. The location, site layout, and design of the shrub nursery and Christmas tree production site properly adapts the use to the street, bikeways and other adjacent structures in a harmonious manner. The travelway used by vehicles delivering supplies and picking up mature specimens will not interfere with the safety of bicycle riders. 5. The combination and relationship of the shrub growing area, the storage/canning area and the parking area are properly integrated to insure maximum compatibility with adjacent residential use. 6. Access to and employee parking for the proposed shrub nursery will not create an undue traffic problem. Parking will be provided on -site for the five (5) full-time employees and five (5) part-time employees. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-26: 1. The site plan received and dated September 9, 1991 shall be the approved layout with the following modifications: PC Minutes - 9/17/91 -8- (2340d) 1 a. Ten (10) parking spaces shall be provided on the nursery site within the storage/canning area. b. The applicant shall construct a three sided, six (6) foot high enclosure around the soil piles used for the canning operation. C. Depict a thirty-eight foot wide access road with perimeter bike trails subject to Public Works Department approval. 2. The Public Works Department requirements are as follows: a. Prior to the placement of any plant material on the site, the applicant shall submit to the department of Public Works for review and approval a grading plan to insure that drainage from the site does not flow toward the existing residential properties to the west. b. Install stop signs on both sides of the access road before crossing the bike trail. c. All perimeter roads on the nursery site shall be covered in crushed asphalt to eliminate potential dust problems. d. Project developer shall be responsible for removal and disposal of any material dumped on City right-of-way west of the chain link gate (immediately south of Surge Lane) on Atlanta Avenue. This condition shall be continuous for the length of the operation of this project. Failure to perform this task shall be grounds for revocation of the conditional use permit. 3. The Fire Department requirements are as follows: a. Storage of pesticides and fertilizers shall comply with Articles 79, 80 and 86 of the Huntington Beach Fire Code. b. Plan of the storage shall be submitted for approval to the Fire Department. c. Material safety data sheets shall be submitted to the Fire Department for review with copies to be kept available at the location. 4. During construction, the applicant shall: use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site. 5. Retail sales will be limited to Christmas trees only during the holiday season and subject to approval of a temporary Christmas tree sales lot permit. Permitted operating hours for Christmas tree sales shall be 7:00 AM to 5:00 PM Monday through Sunday. Retail sales of other plant materials are expressly prohibited. PC Minutes - 9/17/91 -9- (2340d) 6. All plant material shall be located a minimum of 16 feet from the adjacent single family homes. 7. All fertilizers used on the site shall be slow -release granular products, top -dressed into the containers. If herbicides or insecticides are used, they must be applied by a certified application service. 8. There shall be no overhead shed structures or loud speaker systems used on the site. 9. Applicant shall provide a portable restroom on -site. 10. There shall be no on -site storage of bulk quantities of mulches, fertilizers or soil treatments without prior review and approval by the Department of Community Development. 11. Apart from Christmas tree sales periods, activities and maintenance shall be limited to Monday through Saturday 7:00 AM to 4:30 PM. Deliveries to the site shall be limited to Monday through Friday 8:00 AM to 4:00 PM. Employees on the site shall be limited to five (5) full-time employees for on -going maintenance and five (5) part-time employees for the canning operation. 12. There shall be no outside storage of equipment, vehicles or vehicle parts on the site. 13. All 15 gallon containers shall be watered by a drip irrigation system. 14. The applicant shall be responsible for the payment of any additional fees adopted in the upcoming Water Division Financial Master Plan. 15. The Planning Commission reserves the right to revoke Conditional Use Permit No. 91-26 if any violation of these conditions or the Huntington Beach Ordinances Code occurs. B-5A ADDENDUM TO FINAL EIR NO. 89-1/GENERAL PLAN AMENDMENT NO. 91-2: APPLICANT: Pacific Coast Homes/City of Huntington Beach LOCATION: The Holly-Seacliff Masterplan Area Pacific Coast Homes has submitted General Plan Amendment No. 91-2 in order to shift seven (7) acres of commercial from the southeast intersection of Garfield Avenue and Edwards Street to the southwest intersection of Garfield Avenue and Goldenwest Street. Also, the PC Minutes - 9/17/91 -10- (2340d) applicant is requesting to shift residential densities near the intersection of Garfield Avenue and Main Street which will result in no additional units. The third request is to permit oil production/oil consolidation in the two (2) industrial land use areas. The requested amendments to the Holly-Seacliff Master Plan require the processing of a general plan amendment to the City's Land Use Element. In order to process the amendment, staff has prepared an addendum to the original environmental impact report. Section 15164 of the California Environmental Quality Act states "The lead agency shall prepare an addendum to an environmental impact report if only minor technical changes or alterations are necessary to make the environmental impact report under consideration adequately under the California Environmental Quality Act and no new significant effects on the environment are raised." General Plan Amendment No. 91-2 is being submitted for review and recommendation by the Planning Commission and then forwarded to the City Council for final decision. Currently being processed with General Plan Amendment No. 91-2 is Zone Change No. 90-10 and Code Amendment No. 90-10 which will establish the Holly-Seacliff Specific Plan. The Specific Plan is being analyzed in a separate report. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopting Planning Commission Resolution No. 1450 and forward to the City City Council; and B. Approve General Plan Amendment No. 91-2 by adopting Planning Commission Resolution No. 1451 and forward to the City Council for adoption. The Commission discussed with staff the mitigation measures. THE PUBLIC HEARING WAS OPENED. Tom Zanic, 520 Broadway, Santa Monica, explained to the Commission what their request was. Charles E. Gamble II, 1200 Corporate Center Drive, Ste. 100, Monterey Park, stated his concern regarding the transportation corridor (submitted map). Bob Mandic, stated his concern with access to residential and the center median. He feels there will be a conflict with industrial across from residential. Duane Dishno, Huntington Beach School District, requested a continuance of the Specific Plan to the October 8, 1992 Planning Commission meeting. PC Minutes - 9/17/91 -11- (2340d) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE PROJECT AND THE PUBLIC HEARING WAS CLOSED. Several concerns regarding the Addendum were identified as follows: 1. Implementation of mitigation measures from Final Environmental Impact Report No. 89-1; 2. Access and circulation on Gothard Street between Ernest Street and Garfield Avenue; and 3. Response to the Huntington Beach City School District letter dated August 16, 1991. A MOTION WAS MADE BY SHOMAKER, SECOND BY BOURGUIGNON, TO CONTINUE ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 89-1 AND GENERAL PLAN AMENDMENT NO. 91-2, TO THE OCTOBER 8, 1991 PLANNING COMMISSION MEETING TO ADDRESS CONCERNS RELATING TO THE ADDENDUM, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-5B ZONE CHANGE NO. 90-10/CODE AMENDMENT NO. 90-10: APPLICANT: City of Huntington Beach LOCATION: Area generally bounded by the Edwards Bluff on the west, Seacliff Golf Course on the south, Main Street on the east and Ellis Avenue on the north. On January 8, 1990, the City Council adopted the Holly-Seacliff Master Plan and certified Final Environmental Impact Report No. 89-1 for the Holly-Seacliff area. The Master Plan designates types of land uses and densities while Final Environmental Impact Report No. 89-1 addresses environmental impacts resulting from future development in the area. In order for development to occur, staff is recommending that a Specific Plan be adopted for the Holly-Seacliff Master Plan area in order to fully address the goals and policies in the Master Plan and to implement the mitigation measures in Final Environmental Impact Report No. 89-1. The City of Huntington Beach has initiated Zone Change No. 91-10 and Code Amendment No. 91-10 in order to establish the Holly-Seacliff Specific Plan for 569 acres in the Holly-Seacliff Master Plan area. PC Minutes - 9/17/91 -12- (2340d) G Zone Change No. 91-10 and Code Amendment No. 91-10 are being submitted for review and recommendation by the Planning Commission and then forwarded to the City Council for a final decision. Zone Change No. 90-10 will amend the City's zoning maps by applying the Holly-Seacliff Specific Plan zoning designation. Code Amendment No. 90-10 will add the Holly-Seacliff Specific Plan to the text of the City's Zoning Ordinance. Concurrently being processed are General Plan Amendment No. 91-2 and an Addendum to Final Environmental Impact Report No. 89-1 in order to bring the Draft Specific Plan into conformance with the City's General Plan. Those items are discussed in a separate staff report. Prior to any action on Zone Change No. 91-10 and Code Amendment No. 91-10, the Planning Commission must first act on General Plan Amendment No. 91-2 and the Addendum to Final Environmental Impact Report No. 89-1. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Zone Change No. 91-10 and Code Amendment No. 91-10 with modifications proposed by staff and based on findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED. Tom Zanic, stated his comments on the Specific Plan. Mike Ryan, 5200 Warner Avenue, #209, discussed oil consolidation in and industrial zoning. John Gustafson, 19161 Crystal Street, stated his desire to see industrial zoning expand to Main Street. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The following are concerns identified by the Commission: 1. Oil Overlay Zones; 2. Access and Circulation on realigned Gothard Street between Ernest Street and Garfield Avenue; 3. Railway Access; 4. Request to change existing Medium Density Residential Area to Industrial; 5. Huntington Beach City School District concerns; and 6. Affordable Housing PC Minutes - 9/17/91 -13- (2340d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO CONTINUE ZONE CHANGE NO. 90-10 AND CODE AMENDMENT NO. 90-10 TO THE OCTOBER 8, 1991 PLANNING COMMISSION MEETING TO ADDRESS THE CONCERNS IDENTIFIED BY THE COMMISSION, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-6 SPECIAL SIGN PERMIT NO, 90-9/PLANNED SIGN PROGRAM NO, 91-7: APPLICANT: Ahmad Mozaffari LOCATION: 17438 Beach Boulevard (east side of Beach Boulevard approximately 200 feet north of Slater Avenue Special Sign Permit No. 90-9 in conjunction with Planned Sign Program No. 91-7 is a request to permit the face change and to maintain the life of a non -conforming 15 foot freestanding pole sign identifying Max Market. The project also includes the establishment of a master sign program for the shopping center. Special Sign Permit No. 91-7 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 961, (Signs) in the following area: 1. Section 9610.5(b) specifies that commercial sites with less than 400 feet on one (1) frontage are permitted one (1) freestanding monument sign, maximum seven (7) feet high with 50 square feet of sign area. The applicant is requesting the face change of an existing 15 foot non -conforming pole sign and to maintain the life of the non -conforming sign. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: A. Deny Special Sign Permit No. 90-9 with findings; and B. Approve Planned Sign Program No. 91-7 with findings and suggested conditions of approval to include the use of the pole sign for a maximum period of two (2) years from date of final approval and replacement with the monument sign included in the master planned sign program. PC Minutes - 9/17/91 -14- (2340d) The Commission was concerned that a planned sign program was not the best approach to continue the signage. THE PUBLIC HEARING WAS OPENED. Scott Fawcett, 3835 Birch Street, Newport Beach, asked if the cash bond could be lessened in order to lessen the hardship. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO DENY SPECIAL SIGN PERMIT NO. 90-9 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE PLANNED SIGN PROGRAM NO. 91-7 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED Shomaker, Kirkland, Dettloff, Bourguignon, FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT N0, 90-9: 1. Strict compliance with Article 961 will not result in a substantial economic hardship to the applicant. 2. The proposed reface of a 24 square foot, non -conforming freestanding pole sign may adversely affect other signs in the area. The sign is excessive in sign height and is not proportional or compatible with the approved commercial signs in the area. 3. The proposed sign may be detrimental to property located in the vicinity of such sign because of the signs excessive height and because the sign is not compatible with proposed and approved signs in the area. PC Minutes - 9/17/91 -15- (2340d) FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 91-7: 1. Planned Sign Program No. 91-7 will provide for signage that reflects a common theme for the proposed center incorporating similar design elements in terms of materials, colors, illumination, and sign type. 2. Planned Sign Program No. 91-7 provides for signs that will be compatible with the architectural style and colors of the building. 3. The signs will be compatible with other signs in the surrounding commercial center and with the sign criteria as outlined in Planned sign Program No. 91-7. CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO, 91-7: 1. The location of the proposed signs shall be generally as shown on the site plan, sign elevations and building elevations dated June 12, 1991. 2. The written text of Planned Sign Permit No. 91-7 shall be modified to include the following language changes: a. All corner unit signage shall comply with Article 961. b. Length of sign cabinets shall not exceed 70% of leasehold width. c. All signs identified as prohibited pursuant to Article 961 Signs of the Huntington Beach Ordinance Code shall be included in Planned Sign Program No. 91-7. d. The non -conforming 15 foot freestanding pole sign shall be permitted for a maximum of two (2) years from final approval. At the end of the two (2) year period from final approval the two (2) pole signs shall be removed and replaced by the monument sign as depicted in Planned Sign Program No. 91-7 and in accordance with Article 961, Signs of the Huntington Beach Ordinance Code. e. No sign shall be installed, erected, altered, or reconstructed without prior City approval and issuance of appropriate Building Division permits. f. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. g. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, or in the parking lot and landscaped areas other than as permitted herein, excepted with the City and landlord's approval. PC Minutes - 9/17/91 -16- (2340d) 1 11 h. In the event Sterling Center is remodeled, reconstructed, renovated or any alterations to the shopping center are proposed, all proposed signs for the shopping center shall be reviewed and approved by the Design Review Board for compliance with the master planned sign program prior to issuance of building permits or certificate of occupancy. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit a revised written text pursuant to Condition No. 2. b. The Design Review Board shall review and approve all signs as proposed in Planned Sign Program No. 91-7. c. The applicant shall file a limited sign permit for the two (2) non -conforming pole signs. The two (2) pole signs shall be removed at the end of the two (2) year period from final approval and replaced by the monument sign as depicted in Planned Sign Program No. 91-7 and in accordance with Article 961, Signs of the Huntington Beach Ordinance Code. d. The applicant shall file a cash bond with the City in an amount mutually agreed upon by the applicant and City staff for the purpose of indemnifying the City for any and all costs incurred in the removal of the two (2) on -site non -conforming freestanding pole signs. If the signs, are not made to conform with the applicable provisions of the sign ordinance after two (2) years from the date of final approval, or remodel of the property, whichever comes first, the City of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if may, returned to the person depositing the bond. 4. Any proposed sign that does not comply with the standards of Planned Sign Program No. 91-7 shall be subject to review by the Design Review Board and approval of a special sign permit by the Planning Commission. 5. The Planning Commission reserves the right to revoke Planned Sign Program No. 91-7 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C. CONSENT CALENDAR None PC Minutes - 9/17/91 -17- (2340d) D. NON-PUBLIC HEARING ITEMS D-1 PLANNED SIGN PROGRAM NO. 91-9: APPLICANT: William Harmuth LOCATION: Northwest corner of Adams and Magnolia Planned Sign Program No. 91-9 is a request for a Comprehensive Sign Program for an existing retail center. The request includes all wall signs for the various tenants as well as two center identification pole signs and two secondary business monument signs. The subject planned sign program was requested as a condition of approval to Use Permit No. 89-62 which was required for the facade improvements currently underway at the site. The applicant has indicated an inability to attend the September 17, 1991 Planning Commission meeting and has requested that the item be continued to the first meeting in October. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Planned Sign Program No. 91-9 to the October 8, 1991 Planning Commission meeting. A MOTION WAS MADE BY SHOMAKER, SECOND BY DETTLOFF, TO CONTINUE PLANNED SIGN PROGRAM NO. 91-9 TO THE OCTOBER 8, 1991 PLANNING COMMISSION MEETING AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED D-2 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO, 89-20 WITH SPECIAL PERMITS/TENTATIVE PARCEL MAP NO. 89-230/COASTAL DEVELOPMENT PERMIT NO. 89-9: APPLICANT: Peter Barron LOCATION: 115 - 8th Street PC Minutes - 9/17/91 -18- (2340d) 1 Conditional Use Permit No. 89-20 with Special Permits, Tentative Parcel Map No. 89-230 and Coastal Development Permit No. 89-9 were approved by Planning Commission on April 1, 1989, for the construction of a three (3) story, four (4) unit townhouse located at 115 - 8th Street (west side of 8th Street, approximately 175 feet north of Pacific Coast Highway). The townhouse consists of three (3) bedroom units and one (1) two (2) bedroom unit with four (4) two (2) car garages and two (2) open guest parking spaces. The special permits were granted to reduce the minimum dimension for common and private open space and for relief from the upper story setback requirements along the alley. The conditional use permit was conditioned to expire unless exercised within one (1) year of approval (Condition No. 11). Last year Planning Commission extended the conditional use permit and coastal development permit to August 1, 1991, with an added Public Works Water Division condition requiring fees in accordance with an upcoming Water Division Financial Master Plan. The current extension of time request will be the first tentative parcel map extension and the second conditional use permit extension request. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a one (1) year extension of time for Conditional Use Permit No. 89-20, Tentative Parcel Map No. 89-230 and Coastal Development Permit No. 89-9 to August 11, 1992, subject to the revised and previous project conditions of approval. A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 89-20 WITH SPECIAL PERMITS, TENTATIVE PARCEL MAP NO. 89-230 AND COASTAL DEVELOPMENT PERMIT NO. 89-9 WITH REVISED AND PREVIOUS PROJECT CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED Shomaker, Kirkland, Dettloff, Bourguignon, REVISED CONDITIONS OF APPROVAL: 10.b. Tentative Parcel Map No. 89-230 shall be accepted by the City Council. It shall be recorded with the County Recorders Office and a copy of the map submitted to the Public Works Department and Planning Division prior to issuance of building permits. 10.d. The developer will be responsible for the payment of Traffic Impact Fees prior to final inspection. PC Minutes - 9/17/91 -19- (2340d) D-3 RESCHEDULING OF THE OCTOBER PLANNING COMMISSION MEETINGS FROM OCTOBER 1, 1991 AND OCTOBER 15, 1991 TO OCTOBER 8, 1991 AND OCTOBER 22, 1991: REQUESTED BY: Commissioner Kirk Kirkland A MOTION WAS MADE BY RICHARDSON, SECOND BY SHOMAKER, TO RESCHEDULE THE OCTOBER PLANNING COMMISSION MEETINGS FROM OCTOBER 1 AND OCTOBER 15, 1991 TO OCTOBER 8 AND OCTOBER 22, 1991, BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED E. DISCUSSION ITEMS Shomaker, Kirkland, Dettloff, Bourguignon, Commissioner Kirkland - Planning Commission appointment of two (2) Commissioners to the Affordable Housing Committee Task Force. A MOTION WAS MADE BY LEIPZIG, SECOND BY SHOMAKER, TO APPOINT COMMISSIONERS KEN BOURGUIGNON AND SHIRLEY DETTLOFF TO THE AFFORDABLE HOUSING COMMITTEE, AND COMMISSIONER ROY RICHARDSON AS THE ALTERNATE, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: Bourguignon MOTION PASSED Commissioner Kirkland - Sign presentation. Commissioner Kirkland gave a slide presentation of the Beach Boulevard that are non -conforming. He asked the they would recommend to City Council that direction be further enforce the sign code. signs along Commission if taken to 1-1 1 PC Minutes - 9/17/91 -20- (2340d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO REQUEST FROM CITY COUNCIL DIRECTION ON IMPLEMENTING STRONGER ENFORCEMENT OF THE SIGN CODE, BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED F. PLANNING COMMISSION INQUIRIES NONE G. PLANNING COMMISSION ITEMS NONE H. COMMUNITY DEVELOPMENT ITEMS NONE I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY LEIPZIG, TO ADJOURN TO A 5:30 STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON OCTOBER 8, 1991 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kj 1 APPROVE BY: Mike Ad ms, Secretary Shomaker, Kirkland, Dettloff, Bourguignon, Plar ng Commission Chairperson PC Minutes - 9/17/91 -21- (2340d)