Loading...
HomeMy WebLinkAbout1991-12-17APPROVED 4/7/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION DECEMBER 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 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 B-1 CODE AMENDMENT NO. 91-11: APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 91-11 is a request to repeal Section 9867 of the Huntington Beach Ordinance Code, which allows the payment of only the higher fee associated with the processing of multiple applications for a project on a site rather than a separate fee for each application. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 91-11 with findings and forward to City Council for adoption. 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 BOURGUIGNON, SECOND BY LEIPZIG, TO APPROVE CODE AMENDMENT NO. 91-11 WITH MODIFIED FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 91-11: 1. Government Code S.65909.5 allows fees to be charged to cover the processing of planning and zoning permits. 2. MSI Study reveals that the processing of planning and zoning permits is subsidized by the General Fund. 3. The requirement that all concurrent entitlement application fees be paid is reasonable and will allow the City to recover the full cost of entitlement processing. B-2 CONDITIONAL USE PERMIT NO. 90-40: APPLICANT: Mr. Jeffrey C. Rohring LOCATION: 17296 Beach Boulevard - Holland Center (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 on -site joint use parking based upon the fact that the addition of ancillary dancing requires additional parking and the site is deficient in 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." PC Minutes - 12/17/91 -2- (2909d) On May 21, 1991, the Planning Commission conducted an initial six (6) month review and scheduled a second six (6) month review of the use as a probationary measure based upon concerns expressed by the Police Department. The concerns centered on parking problems and loud music attributed to the live entertainment provided. The Planning Commission directed the applicant to provide a formal parking agreement with the property owner to the north (Home Appliance), provide a noise study and provide a one (1) week parking study to verify abatement of the aforementioned parking and noise problems. The applicant has submitted a parking agreement with the property owner to the north (Home Appliance) to provide an additional 30 parking spaces after 5:00 PM Monday through Saturday and all day on Sunday (see Attachment No. 5). In addition, the applicant provided a one (1) week parking study to verify that adequate parking is available (see Attachment No. 6). The parking study was conducted during lunch hours, live entertainment and dancing hours, Sunday football and Monday night football hours to try and obtain peak parking demand counts. The parking study indicated that the peak demand during the lunchtime period was 38 cars at 12:30 PM on Wednesday. The evening peak demand during the dancing and live entertainment periods was 60 cars at 11:30 PM on Friday night. The Sunday peak parking demand was 51 cars at 1:00 PM and the peak Monday parking demand was 51 cars at 7:00 PM. The parking study indicated that at no time did the peak parking demand exceed the available (75 spaces) on site parking spaces. The applicant also submitted a noise study to indicate compliance with noise standards of the Huntington Beach Ordinance Code (see Attachment No. 7). The study measured noise levels at the property line between the sports bar and the adjacent apartments to the east during the live entertainment and dancing hours. The study indicated compliance with the noise ordinance with regards to the noise levels generated by the live entertainment. Therefore, the applicants sound attenuation efforts have reduced the noise levels of the live entertainment to a level which meets the sound ordinance of the City. On November 6, 1991, the Land Use Section conducted an inspection of the site (see Attachment No. 4). The inspection indicates that Centerfield Sports Bar & Grill was in 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. Finally, the Police Department has monitored the site within the last six (6) months to insure that the previous problems with regards to parking and noise have been properly addressed. The Police'Department reports that they have experienced no significant problems with the location and that the imposed conditions of approval have satisfactorily mitigated the previous noise and parking problems. PC Minutes - 12/17/91 -3- (2909d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the second six (6) month review for Conditional Use Permit No. 90-40 and schedule the annual review accordingly. 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 SHOMAKER, SECOND BY RICHARDSON, TO APPROVE THE SECOND SIX 96) MONTH REVIEW FOR CONDITIONAL USE PERMIT NO. 90-40 AND SCHEDULE THE ANNUAL REVIEW ACCORDINGLY, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO. 91-53: APPLICANT: Mr. Jeffrey C. Rohring LOCATION: 17296 Beach Boulevard - Holland Center (Eastside of Beach Boulevard, approximately 50 feet north of Holland Drive) Conditional Use Permit No. 91-53 is a request to permit the expansion of the existing 3,250 square foot Centerfield Sports Bar & Grill into an adjacent 1,200 square foot vacant suite for a total of 4,450 square feet of floor area pursuant to Section 9720.1(d) of the Huntington Beach Ordinance Code. The proposal also includes a reciprocal agreement with the property to the north (Home Appliance) to provide an additional 30 parking spaces. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-53 with findings and suggested conditions of approval. A discussion ensued regarding whether or not the walk would be on private property or built to City specifications. Staff stated that it could be either. 1 PC Minutes - 12/17/91 -4- (2909d) 1 r� THE PUBLIC HEARING WAS OPENED. Jeff Rohring, applicant, spoke in support of the request and stated he was there to answer any questions the Commission may have. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-53 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-53: 1. The proposed expansion of the Centerfield Sports Bar & Grill with no change to hours of operation, dancing and live entertainment (live musicians/taped music), or use will be compatible with adjacent residential properties/uses because the existing parking and site layout provide adequate parking and buffering from the existing two (2) story apartment buildings located to the east of the subject property. 2. The proposed expansion of the Centerfield Sports Bar & Grill with no change to hours of operation, dancing and live entertainment (live musicians/taped music), or use will not be detrimental to the general welfare of persons working and/or residing in the vicinity or detrimental to the value of property and improvements in the neighborhood. Adequate on -site parking, parking space distribution and buffering from the residential zoned property and uses is provided. 3. The location, site layout, and design of the proposed expansion of the Centerfield Sports Bar & Grill with no change to hours of operation, with dancing and live entertainment (live musicians/taped music), or use does properly adapt to the proposed use and structures and to the streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. The combination and relationship of one proposed use to another on a site are properly integrated. PC Minutes - 12/17/91 -5- (2909d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-53: 1. The site plan and floor plans received and dated December 6, 1991, shall be the approved layout. A final seating plan shall be reviewed and approved by the Fire Department. 2. Live entertainment and dancing shall be limited to a maximum four (4) musicians and performances shall be limited only during the following hours: Sunday through Wednesday (taped Music) 9:00 PM - 1:30 AM Thursday through Sunday (live Music) 9:00 PM - 1:30 AM 3. The dance floor shall be limited to 91 square feet. The stage area shall be no larger than 16 feet by 9 feet. 4. Prior to issuance of Certificate of Occupancy the applicant shall complete the following: a. Joint use parking shall require that a Joint Use Parking Agreement be recorded between property owners (Home Appliance and Holland Center). A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of community Development. b. A pedestrian accessway via either public sidewalk or private walkway between the two (2) sites (Home Applicance & Holland Center) shall be constructed to the satisfaction of the Community Development Department. 5. The proposed use shall comply with all applicable Fire and Building Codes, including Chapter 33 of the Uniform Building Code. 6. All activities shall comply with all applicable ordinances of Title 5, Business License and Regulations, and Title 9, Public Peace, Morals and Welfare of the Huntington Beach Municipal Code. 7. The proposed live entertainment shall comply with Chapter 8.40 "Noises" of the Huntington Beach Municipal code. Should complaintes be received regarding noises generated by the live entertainment, the Planning commission reserves the right to require the applicant to mitigate the noise level. 8. This conditional use permit shall run with the applicant. Any additional activities beyond those proposed shall require the review and approval of the conditional use permit process. 9. The primary use of the building shall be dining and the sale of food. Dancing and live entertainment shall be a secondary use. PC Minutes - 12/17/91 -6- (2909d) u 10. This conditional use permit shall not become effective for any purpose until and "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, and returned to the Planning Division. 11. A review of the use shall be conducted on a yearly basis 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. 91-53 may become null and void. 12. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-4 SPECIAL SIGN PERMIT NO. 91-8: APPLICANT: Michael Gray/Superior Electric Advertising LOCATION: 300 Pacific Coast Highway After staff had advertised the above described request the applicant subsequently modified the request to allow a larger sign. As such, the item must be readvertised to properly describe the most recent request. Staff is recommending that Special Sign Permit No. 91-8 be continued to January 7, 1992 to allow readvertising. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Special Sign Permit No. 91-8 to the Planning Commission meeting of January 7, 1992. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO CONTINUE SPECIAL SIGN PERMIT NO. 91-8 TO PLANNING COMMISSION MEETING OF JANUARY 7, 1992 IN ORDER FOR STAF TO READVERTISE AND PROPERLY DESCRIBE THE MOST RECENT REQUEST, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR None PC Minutes - 12/17/91 Newman, Shomaker, Kirkland, Dettloff, Leipzig -7- (2909d) D. NON-PUBLIC HEARING ITEMS None E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS Commissioner Kirkland - asked staff when he should appoint his Commissioner selection for the General Plan Advisory Committee. Staff asked that he wait until the January 7, 1992 meeting and make the appointments for all committees. Commissioner Bourguignon - reminded staff to schedule the Code Amendment hearing for the Harbour after the Harbour Code Committee's meeting. H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the City Council meeting of December 16, 1991. I. ADJOURNMENT A MOTION WAS MADE BY KIRKLAND, SECOND BY NEWMAN, TO ADJOURN TO A 5:30 P.M. STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON JANUARY 7, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 Newman, Shomaker, Kirkland, Dettloff, Leipzig APPROVED BY: Mike Adams, Secretaryel�Viannng ommission Chairperson PC Minutes - 12/17/91 -a- (2909d)