Loading...
HomeMy WebLinkAbout1992-01-071 MINUTES HUNTINGTON BEACH PLANNING COMMISSION JANUARY 7, 1992 Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE APPROVED 4/21/92 - Civic Center California P P P P P ROLL CALL: Kirkland, Newman, Richardson, Shomaker, 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. Dominick Tomaino, Jay Kreitz, spoke on item D-2 which is a non-public hearing. It was explained to them by staff that the application for item D-2 had been withdrawn by the applicant. B. PUBLIC HEARING ITEMS B-1 GENERAL PLAN AMENDMENT NO. 90-8/ZONE CHANGE NO 90-17/ENVIRONMENTAL IMPACT REPORT NO 90-3 (CONTINUED FROM THE DECEMBER 3, 1991 PLANNING COMMISSION MEETING): APPLICANT: Andover/Chandler Companies LOCATION: Wintersburg School Site (southeast corner of Warner Avenue and Goldenwest Street) General Plan Amendment No. 90-8 is a request to redesignate an 18.34 gross acre site, located south of Warner Avenue, east of Goldenwest Street, from a General Plan land use designation of Public, Quasi -Public, Institutional to Medium -High Density Residential on 13.26 gross acres, and to General Commercial on the remaining 5.08 gross acres. Zone Change No. 90-17 is a concurrent request to rezone 15.85 net acres from RA (Residential Agriculture) to R3-FP2 (Medium -High Density Residential-Floodplain) on 12.10 net acres, and C2-FP2 (Community Business-Floodplain) on 3.75 net acres. Draft Environmental Impact Report No. 90-3 (DEIR No. 90-3) prepared by Cotton Beland and Associates, consultant to the City of Huntington Beach discusses potential impacts of the general plan amendment and zone change. These impacts include light and glare, land use compatibility, transportation/circulation, public service and utilities, air quality, noise, growth management and archeological resources. The EIR has indicated that most of the adverse impacts resulting from the project could be adequately mitigated to levels of insignificance. The EIR identifies air quality as an adverse impact that cannot be mitigated. These entitlements are submitted for review by the Planning Commission for a recommendation which then will be forwarded to the City Council for final action. Although the General Plan Amendment and Zone Change do not constitute any new development, it will allow for residential and commercial development of the site. If approved, the amendment request will allow for development of a maximum 333 apartment units or 325 condominium units on the residential portion of the site and development of 3.75 acres of commercial. No development plans have been submitted at this time; however, the applicant has submitted conceptual plans depicting 260 apartment units, a 20,000 square foot school district office and 22,000 square feet of retail commercial. This report is designed to investigate the concerns associated with the proposed amendment to the Land Use Element of the General Plan and to identify whether such an action is compatible with surrounding land uses and in conformance with the goals and policies of the General Plan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: A. Adopt and certify as adequate Environmental Impact Report No. 90-3 by adopting Planning Commission Resolution No. 1457 and forward it to the City Council for their adoption and certification; PC Minutes - 1/7/92 -2- (3034d) B. Deny General Plan Amendment No. 90-8 by adopting Planning Commission Resolution No. 1458 and forward it to the City Council with a recommendation of denial; and C. Deny Zone Change No. 90-17 with findings. Commissioner Shomaker abstained from the public hearing because of conflict of interest. THE PUBLIC HEARING WAS OPENED. David Hagan, 10251 Yorktown Avenue, Superintendent Huntington Beach School District, spoke in support of the request. He stated that the request had been in the works for a long time, and they had always had the impression that staff supported it. Alyce Booth, 6932 Canis Circle, spoke in opposition to the request. Ms. Booth cited noise, traffic and increased density as her major concerns. She stated she was in favor of no project or single family residences. Marvin Foley, 6922 Canis Circle, spoke in opposition to the request because of increased traffic and density. Joanne Pegler, 17312 Lee Circle, spoke in opposition to the request because of increased traffic, density and excessive water consumption. Linda Whelan, 17332 Lee Circle, spoke in opposition because of increased traffic and access to Goldenwest. Bonnie P. Castrey, 8522 Topside Circle, spoke in support of the request. Ms. Castrey stated as enrollment is in decline so are monies available, and this project is needed for the monies. Rosemary Shroeder, representing applicant, spoke in support of the request and questioned staff in regards to the environmental impact report. Patricia Rhynders, 7172 Betty Drive, spoke in opposition to the request because of property value decline, crime, increased traffic and density. Michael Ames, 17332 Goldenwest Street, spoke in opposition to the request because of increased traffic, density and the future need for recreation space. Michael Gayer, 17261 Gothard, spoke in opposition to the request because of the damage the construction will cause to surrounding properties. Jack Bowland, 6881 Presido Drive, representing HOME Council, spoke in opposition to the request. PC Minutes - 1/7/92 -3- (3034d) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the environmental impact report mitigation measures. The questioned if the water shortage would truly be mitigated. Staff explained that it had been totally mitigated. They also discussed the waste water and sewer facilities. It was explained that Slater pump station currently does not have capacity, but it will be improved. A discussion ensued among the Commissioners regarding alternative projects with a lower density. It was suggested that the District representatives, the applicant, staff, other interested parties and Planning Commissioners meet to discuss and come up with an acceptable alternative. A MOTION WAS MADE BY DETTLOFF, SECOND BY LEIPZIG, TO CONTINUE GENERAL PLAN AMENDMENT NO. 90-8, ZONE CHANGE NO. 90-17 AND ENVIRONMENTAL IMPACT REPORT NO. 90-3 TO THE FEBRUARY 4, 1992 PLANNING COMMISSION MEET IN ORDER TO LET INTERESTED PARTIES MEET AND COME UP WITH AN ACCEPTABLE ALTERNATIVE, BY THE FOLLOWING VOTE: AYES: Richardson, Dettloff, Bourguignon, Leipzig NOES: Newman, Kirkland ABSENT: None ABSTAIN: None MOTION PASSED B-2 SPECIAL SIGN PERMIT NO. 91-8/COASTAL DEVELOPMENT PERMIT NO. 91-39 (CONTINUED FROM THE DECEMBER 17, 1991 PLANNING COMMISSION MEETING): APPLICANT: Michael Gray/Superior Electric Advertising LOCATION: 300 Pacific Coast Highway Special Sign Permit No. 91-8 is a request to permit a 175 square foot, 24 foot tall, illuminated business freestanding sign to identify major tenants at the Pierside Pavillion pursuant to Section 9610.7 of the Huntington Beach Ordinance Code. Planned Sign Program No. 90-7R must be revised in order to allow the proposed sign. Special Sign Permit No. 91-8 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 961, (Signs) in the following areas: 1. Downtown Specific Plan (Design Guidelines) specifies that the maximum area allowed for a freestanding sign is 15 square feet, six (6) feet tall. PC Minutes - 1/7/92 -4- (3034d) 1 STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny Special Sign Permit No. 91-8, Coastal Development Permit No. 91-39 and Planned Sign Program No. 90-7R and require that additional theater signage be provided with a 50 square foot wall sign on the stairway tower consistent with existing Planned Sign Program No. 90-7R. THE PUBLIC HEARING WAS OPENED. Karen Millet, 327 - 20th Street, spoke in opposition to the request because the size of marquee was too large and obstruction of view corridor. Bill Winn, 8141 Terry Drive, representing applicant, spoke in support of the request. He submitted to the Commission a diagram showing the position of the sign. Frank Haufler, representing Edwards Theatre, spoke in support of the request. Mr. Haufler stated he needed the title of his shows to better be seen. Mike Gray, representing sign company, spoke in support of the request. He stated he tried to keep the sign as short as possible Paul Lawrence, Leasing Agent, spoke in support of the request. He stated he was very concerned with potential tenants need for identification to stay in business. 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, TO APPROVE ALTERNATIVE "A", MOTION DIED FOR A LACK OF A SECOND. A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON TO APPROVE ALTERNATIVE "B" WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Richardson, Shomaker, Kirkland, Dettloff NOES: Newman, Leipzig ABSENT: None ABSTAIN: Bourguignon MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 91-8: 1. Strict compliance with the Huntington Beach Ordinance Code will result in a substantial hardship to the applicant. 2. The proposed freestanding sign will not adversely affect other signs in the area. PC Minutes - 1/7/92 -5- (3034d) 3. The proposed freestanding sign will not be detrimental to property located in the vicinity of such region; and will be compatible with the surrounding area. 4. The proposed sign at the subject location will not obstructed pedestrian or vehicular traffic view. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-39: 1. The staff alternative for a 15 foot tall 104 square foot freestanding sign conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan since it would minimize blockage of views and minimize aesthetic impacts on the area. 2 The staff alternative for a 15 foot tall, 104 square foot freestanding sign while not consistent with the Downtown Specific Plan Design Guidelines which would only allow a six (6) foot tall, 15 square foot sign at the proposed location, is consistent since the necessary findings are made for a special sign permit. 3. The staff alternative for a 15 foot tall, 104 square foot freestanding sign conforms with public access and recreation policies of Chapter 3 of the California Coastal Act since it would minimize obstruction of coastal views. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 91-8: 1. The sign elevations described as "Staff Alternative B" (15 feet tall, 104 square feet) dated January 7, 1992 shall be the approved layout with the following modifications: a. Two (2) additional tenant panels may be added providing a maximum of 26 additional square feet of sign area within the 15 foot maximum height. 2. The approved sign will become a part of Planned Sign Program No. 90-7R. 3. Sign colors, materials and design shall be approved by the Design Review Board prior to issuance of a building permit. 4. The Planning Commission reserves the right to rescind this special sign permit in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. B-3 CONDITIONAL USE PERMIT NO. 91-55: APPLICANT: The Inn at Harbour Landing LOCATION: 4911 Warner Avenue, Suites 103 and 104 PC Minutes - 1/7/92 -6- (3034d) Conditional Use Permit No. 91-55 is a request to expand an existing beer and wine bar, to allow for piano and karaoke live entertainment, and for dancing with a joint use parking agreement pursuant to Sections 9220.1 (d) and 9606.1 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-55 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Tony Lusk, current tenant, spoke in opposition to the request. Mr. Lusk submitted a petition from pub patrons against live entertainment. Mr. Lusk explained that the previous occupant had quit live entertainment because of the numerous complaints. Anthony J. Lane, 16912 Green Street, spoke in opposition to the request because of noise concerns. Donna Rothwell, 16912 Green Street #3, spoke in opposition to request beacuase of excessive noise. Charles Cruzat, 4949 Warner Avenue, tenant in office building, spoke in opposition to the request because of parking concerns. Earl Platt, 39834 Brandy Lane, spoke in opposition to the request because of excessive noise. John Hegedus, 16912 Green Street #3, spoke in opposition to the request because of gang fighting, assaults, drugs and drunk driving. Winefreed Merkaty, 31841 E Nicke Drive, Laguna Niguel, applicant spoke in support of the the request. He also stated that the current tenant is in default of his lease. Cary Hoffman, 7600 Highmeadow, Houston, TX, proposed new tenant, spoke in support of the request. He stated that his business would attract a more mature clientele. Al Moro, 18426 Santa Belinda St., Fountain Valley, spoke in opposition to the request because of excessive noise. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 1/7/92 -7- (3034d) A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON TO CONTINUE FOR READVERTISEMENT TO SHOW THE CURRENT TENANT WILL NOT CONTINUE AFTER EXPANSION, BY THE FOLLOWING VOTE: AYES: Richardson, Dettloff, Bourguignon NOES: Newman, Shomaker, Kirkland, Leipzig ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO DENY CONDITIONAL USE PERMIT NO. 91-55 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 91-55: 1. The expanded bar with live entertainment will result in noise and/or nuisance impacts to the commercial center and surrounding properties. 2. There is insufficient parking on -site for the proposed use. 3. The access to an parking for the proposed expanded bar with live entertainment will create undue traffic problems. 4. The establishment, maintenance and operation of the proposed bar with live entertainment will be materially detrimental to the public health, safety and welfare, or injurious to the conforming property or improvements in the neighborhood. 5. The establishment, maintenance and operation of the proposed bar with live entertainment will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. B-4 CONDITIONAL USE PERMIT NO. 91-52/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-48: APPLICANT: Tony Ursino LOCATION: 6001 Edinger (northeast corner of Springdale and Edinger) PC Minutes - 1/7/92 -8- (3034d) 1 1 Conditional Use Permit No. 91-52 and Conditional Exception (Variance) No. 91-48 is a request for a full -service carwash with "after hours" gas sales, a 1,168 square foot retail area and a reduction in parking requirements from 12 spaces to nine (9) spaces pursuant to Sections 9220.1(d), 9220.14 and 9602.2.c(3) of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 91-44 and approve Conditional Use Permit No. 91-52 and Conditional Exception (Variance) No. 91-48 with findings and suggested conditions of approval. The Commission discussed reciprocal access and two-way access versus on -way acces. THE PUBLIC HEARING WAS OPENED. Tony Ursino, 419 Main Street No. 56, applicant stated his concern with staff's intrepretation of the property line and with the conditions requiring a bond. He would also prefer exits to be one way. Craig J. Richie, 17752 Mitchel Suite "A" Irvine, architect, stated he was there to answer any questions. He also verified that the property line has not been moved. 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 RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-52, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-48 AND NEGATIVE DECLARATION NO. 91-44 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. 91-52: 1. The location, site layout, and design of the proposed full service car wash properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The establishment, maintenance and operation of the full service car wash with gas sales will not be detrimental to: PC Minutes - 1/7/92 -9- (3034d) a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 3. The proposed full -serve carwash with retail area is consistent with the goals and objectives of the City's General Plan. 4. The access to an parking for the proposed full service car wash will not create an undue traffic problem. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 91-48: 1. Due to the provision of reciprocal drive aisles, there are exceptional or extraordinary circumstances or conditions applicable to the land, building or premises involved that do not apply generally to other property or uses in the district. 2. The granting of a conditional exception for the reduction in the required parking is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 91-48 for 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. 4. The conditional exception for reduced parking requirements is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Commercial. 5. The granting of this conditional exception from Section 9602.2.c.(3) of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide sufficient parking for full -serve car wash operations. CONDITIONS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-52/CONDITIONAL EXCEPTION NO. 91-48: 1. The site plan, floor plans and elevations received and dated November 27, 1991 shall be the conceptually approved layout with the following modifications: a. Gas sales outside of the carwash operative hours are not permitted. The gas pumps and island at the dry -off station must be removed. "After hours" gas sales on the premises will require a revised conditional use permit application to the Planning Commission. b. The eastern reciprocal access drive may be reduced to provide one-way vehicular access. I PC Minutes - 1/7/92 -10- (3034d) c. The Springdale Street drive access immediatly north of Edinger Avenue shall be designed and posted for exit only. d. Site plan modifications b. and c. above shall be reviewed and approved by the City Traffic Engineer prior to issuance of building permits. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Provide proof via an engineering survey and title reports that the eastern lot line is not being adjusted. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. C. 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. d. Elevations shall depict colors and building materials proposed. e. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. f. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. g. 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. h. The site plan conditions of verbatim. shall include (or reference page) all approval imposed on the project printed PC Minutes - 1/7/92 -11- (3034d) Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and 9220.14 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. c. 'A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. All applicable Public Works fees shall be paid. e. The subject property shall enter into irrevocable reciprocal driveway easement(s) between the subject site and adjacent properties. A reciprocal access agreement for maintenance of the trash enclosure (and surrounding property) on the easterly property line shall also be required. A copy of the legal instrument shall be approved by the Community Development Department and 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. f. An employee -only bike rack must be provided and maintained on -site. g. A lotline adjustment consistent with the approved plans date stamped November 27, 1991 shall be submitted. Said lot line adjustment shall be recorded prior to final inspection and a copy submitted to the Department of Community Development. PC Minutes - 1/7/92 -12- (3034d) h. A planned sign program shall be submitted and approved for all signing. Said program shall be approved prior to the first sign request. Signing for on -site carwash circulation shall be provided. 4. The Public Works Department requirements are as follows: a. Prior to issuance of building permits, a grading and site improvement plan shall be submitted to and approved by Public Works, and a grading permit shall be obtained. b. Prior to final building inspection, developer shall construct new curb, gutter and sidewalk along property frontage on Edinger Avenue, and shall replace any deteriorated or damaged curb, gutter or sidewalk along property frontage on Springdale. c. Prior to issuance of a grading permit or building permit, an NPDES permit shall be obtained from or waived by the Regional Water Quality Control Board. d. New driveways shall be radius type with minimum 27 foot width. e. The proposed car wash shall have an automatic drying mechanism approved by the Department of Public Works. 0 5. Fire Department Requirements are as follows: a. The structure, tunnel and canopies shall be protected by an automatic fire sprinkler system. The automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Gasoline pumps must be visible from cashier area or pump control area either directly or through video surveillance. If video surveillance equipment is required, it must be identified on floor and/or electrical plans submitted for plan check. c. The project shall comply with Article 79, Division 9 of the fire code and all other applicable local, State and Federal Fire Codes, Ordinances, and standards. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. PC Minutes - 1/7/92 -13- (3034d) 9. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 10. Detail bay doors shall remain closed when detail bays are not in use. 11. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 13. Prior to final issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. 14. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. 15. A review of the use shall be conducted within one (1) year of the issuance of Certificate of Occupancy 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. 91-52/Conditional Exception No. 91-48 may become null and void. 1 [l PC Minutes - 1/7/92 -14- (3034d) 1 16. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 91-52/Conditional Exception No. 91-48 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 17. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 18. This Conditional Use Permit No. 91-52/Conditional Exception No. 91-48 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. 19. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 20. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. 21. The carwash operation shall employ a water recycling system subject to the approval of the Public Works Water Department. C. CONSENT CALENDAR C-1 ELECTIONS - PLANNING COMMISSION CHAIRPERSON/VICE CHAIRPERSON A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPOINT COMMISSIONER SHOMAKER AS CHAIRPERSON FOR A TERM OF ONE YEAR, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig PC Minutes - 1/7/92 -15- (3034d) A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPOINT COMMISSIONER RICHARDSON AS VICE -CHAIRPERSON FOR A TERM OF ONE YEAR, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig C-2 RESOLUTION 1460 - A RESOLUTION EXPRESSING APPRECIATION TO OUTGOING CHAIRPERSON KIRK KIRKLAND A MOTION WAS MADE BY SHOMAKER, SECOND BY LEIPZIG, TO ADOPT RESOLUTION NO. 1460 EXPRESSING APPRECIAITION TO OUTGOING CHAIRPERSON KIRK KIRKLAND, BY THE FOLLOWING VOTE: AYES: Richardson, Bourguignon, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Newman, Shomaker, Kirkland, Dettloff, Leipzig D. NON-PUBLIC HEARING ITEMS General Plan Conformance No. 91-11 is a request to review the proposed vacation of approximately 1,500 square feet of a public street easement on Coral Cay Lane for conformance with the General Plan. The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any county or city until the location, purpose and extent of such activity has been reported upon as to conformity with the adopted General Plan. STAFF RECOMMENDATION: Staff recommendst that the Planning Commission approve General Plan Conformance No. 91-11 with findings. 1 PC Minutes - 1/7/92 -16- (3034d) A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO APPROVE GENERAL PLAN CONFORMANCE NO. 91-11 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-11: 1. The proposed project is in conformance with the General Plan, specifically the following policies: a. Land Use Encourage the rational use of land and other natural resources. b. Land Use/Housing: Provide an adequate level of community services, facilities, improvements and maintenance in all areas of the City. c. Circulation: Develop a transportation system that ensures the safe and efficient movement of people and goods. D-2 EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 90-52/COASTAL DEVELOPMENT PERMIT NO. 90-35: APPLICANT: Huntington Beach Company LOCATION: 6501 Palm Avenue Conditional Use Permit No. 90-52 and Coastal Development Permit No. 90-35 (One Year Extension of Time) is a request to extend the approvals of the above entitlements for one year. The Planning Commission approved the relocation of the Seaclfiff Country Club Golf Course Maintenance Facility from Oil Island "N" to Oil Island "Q" within the Seacliff Golf Course on November 20, 1990. The City Council reaffirmed the approval on appeal with modified conditions of approval on January 7, 1991. Planning staff supports the request for the one year extension of time with all previously established conditions of approval to remain in effect. In addition to the current conditions of approval, staff recommends an amendment to Condition of Approval No. 15 as well as an additional condition requiring a zone change on the property. PC Minutes - 1/7/92 -17- (3034d) Condition of Approval No. 15 currently reads as follows: "15. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval." Staff recommends the above condition of approval be amended to read: 15. The developer shall be responsible for the payment of Traffic Impact Fees at the time of final inspection. Planning staff is also recommending that the Planning Commission add a condition of approval to re -zone the subject property from R4-01-CZ (High Density Residential - Oil Suffix - Coastal Zone) to ROS-CZ (Recreation Open Space - Coastal Zone). Oil Island "Q" currently has a General Plan Designation of Recreation Open Space, therefore, a zone change to Recreation Open Space would bring the zoning into conformance with the General Plan. The applicant, Pacific Coast Homes, is currently applying for a General Plan Amendment and Zone Change along with several other entitlements for an eleven (11) lot subdivision on Oil Island "N", the present location of the golf course maintenance facility. Oil Island "N" is currently zoned and general planned for Recreation Open Space. Although approval of the relocation of the maintenance facility to Oil Island "Q" does not construe support of the development on Oil Island "N", re -zoning Oil Island "Q" to Open Space replaces the potential loss of open space should the applications for Oil Island "N" be approved. Planning staff recommends the addition of the following to Condition of Approval No. 12: "12. Prior to issuance of a Certificate of Occupancy, the following shall be completed: e. Obtain Planning Commission and City Council approval of a zone change from R4-01-CZ (High Density Residential - Oil Suffix - Coastal Zone) to ROS-CZ (Recreation Open Space - Coastal Zone)." STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 90-52/Coastal Development Permit No. 90-35 - One Year Extension of Time to January 7, 1993 with modification of condition no. 15 and additional condition of approval no. 12e and all other previous conditions to remain in effect. APPLICATION WITHDRAWN AT REQUEST OF APPLICANT - NO ACTION TAKEN PC Minutes - 1/7/92 -18- (3034d) 1 1 D-3 CONDITIONAL USE PERMIT NO. 90-49/NEGATIVE DECLARATION NO. 90-52 - ONE YEAR EXTENSION OF TIME: APPLICANT: Anthony and Langford Architects, 16152 Beach Boulevard, Suite 201, Huntington Beach, CA 92647 LOCATION: 7111 Talbert Avenue Conditional Use Permit No. 90-49 and Negative Declaration No. 90-52 (One Year Extension of Time) is a request to extend the approvals of the above entitlements for one year. The Planning Commission approved the application for the Huntington Beach Central Library Expansion on November 20, 1991. In the applicant's -written request for an extension of time, he indicates that the project has not yet gone out to bid for construction (see Attachment No. 1). Because the project is on city owned property and the city is the co -applicant, the construction bids must be approved at the City Council level. This project is expected to be heard at the City Council meeting on January 6, 1992, therefore, an extension of time for one year should be sufficient to award the contract bid and start construction on the expansion. Planning staff supports and recommends approval of the one year extension of time for the Central Library expansion with all the previously established conditions of approval to remain in effect. STAFF RECOMMENDATION: Staff recommends that the Planning Commissiong approve Conditional Use Permit No. 90-49/Negative Declaration No. 90-52 - One Year Extension of Time to November 30, 1992 with all previous conditions of approval to remain in effect. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 90-49 AND NEGATIVE DECLARATION NO. 90-52 - ONE (1) YEAR EXTENSION OF TIME TO NOVEMBER 30, 1992 WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Kirkland, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 1/7/92 -19- (3034d) D-4 PLANNING COMMISSION COMMITTEE APPOINTMENTS PLANNING COMMISSION SUBCOMMITTEES Committee/Staff Contact/Meeting Times Representative Alternate Ascon Ad -Hoc Committee (1): Leipzig Dettloff (Mike Strange - as needed) Bolsa Chica Linear Park Development CAC (1): Leipzig Shomaker (Mike Strange - as needed) Design Review Board (1): Kirkland Shomaker (Sergio Martinez - 1st./3rd. Thursday) Division 9 Rewrite/Code Amendment (3) Bourguignon (Howard Zelefsky/Susan Pierce - as needed) Richardson Newman Environmental Board (1): Richardson Leipzig (Laura Phillips/Julie Osugi- 2nd./4th. Thursday evenings) Subdivision Committee (3): (Hal Simmons - Thursday mornings as needed) Affordable Housing (2): (Mike Adams - Thursday evenings) General Plan Advisory (2): (Mike Strange) E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES Richardson Newman Bourguignon Bourguignon Dettloff LJ Richardson Bourguignon Commissioner Richardson - asked staff for more information on the appeal process. Staff said they would research the process. G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the January 6, 1992 City Council meeting. PC Minutes - 1/7/92 -20- (3034d) 1 I. ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY LEIPZIG, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON JANUARY 22, 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 APPROVED BY: Ak k, Mike Adams, Secretary Newman, Shomaker, Kirkland, Dettloff, Leipzig �lannin . ••.-• PC Minutes - 1/7/92 -21- (3034d)