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Home My WebLink About1992-01-22�1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION JANUARY 22, 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 A P P P ROLL CALL: Kirkland, Newman, Richardson, Shomaker, Dettloff A P Bourguignon, Leipzig A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 91-32/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-31/NEGATIVE DECLARATION NO 91-22: APPLICANT: MDM Development Services LOCATION: 16971 Goldenwest Street This application had been continued from the November 19, 1991 Planning Commission hearing and has subsequently been withdrawn by request of the property owner per their letter dated January 14, 1992. THIS APPLICATION WAS WITHDRAWN AT THE REQUEST OF THE PROPERTY OWNER B-2 CONDITIONAL USE PERMIT NO. 91-58: APPLICANT: James M. Connor LOCATION: 18685 Main Street, Suite H Conditional Use Permit No. 91-58 is a request for live entertainment (musicians/comedians) with dancing in an existing restaurant located within Loehman's Five Points Plaza. Two previous conditional use permits (No. 89-42 and No. 91-13) for live entertainment in the restaurant at the same location were approved by the Planning Commission on September 6, 1989 and April 2, 1991, respectively. The entertainment permit is non -transferable, therefore, the request for a new conditional use permit by each new business owner is required. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-58 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Jim Connor, Co-owner, stated he was in agreement with the new hours. He also stated they would not keep the doors open. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A discussion ensued among the Commissioners and staff regarding hours of operation. A MOTION WAS MADE BY DETTLOFF, SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE PERMIT NO. 91-58 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman, Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 91-58: 1. The establishment, maintenance and operation of live entertainment (live music with up to four musicians/entertainers for dancing, listening and comedy acts) will not be detrimental to the general welfare of persons residing or working in the vicinity. Adequate buffering to residentially zoned properties to the west is provided by parking stalls, drive aisles, landscaping and an 80 foot wide arterial street and the proposed PC Minutes - 1/22/92 -2- (3049d) live entertainment substantially complies with the criteria in Section 9220.12 of the Ordinance Code. In addition the use will not be detrimental to property and improvements in the vicinity of such use or building. 2. The proposal is consistent with the City's General Plan of Land Use which designates this site as General Commercial. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-58: 1. The floor plans received and dated December 30, 1991, shall be the approved layout. A final seating plan shall be reviewed and approved by the Fire Department. 2. Live music and entertainment shall be limited to a maximum four (4) musicians/entertainers and performances shall be limited only during the following hours: Monday - Thursday 6:00 PM to 11:30 PM Friday and Saturday 6:00 PM to 1:30 AM Sunday 6:00 PM to 11:30 PM 3. The dance floor shall be limited to 170 square feet (10 X 17). The stage area shall be no larger than 19 feet by 9 feet (171 square feet). 4. All doors shall remain closed during hours of live entertainment. 5. An entertainment permit shall be submitted and approved by the Police Department prior to the establishment of the live entertainment within the restaurant. 6. The proposed use shall comply with all applicable Fire and Buildings Codes, including Chapter 33 of the Uniform Building Code. 7. 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. 8. The proposed live entertainment shall comply with Chapter 8.40 "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment, the Planning Commission reserves the right to require the applicant to mitigate the noise level. 9. This conditional use permit shall run with the applicant. Any additional activities beyond those proposed (musicians/ comedians) shall require the review and approval of the conditional use permit process. 10. The primary use of the building shall be dining and the sale of food and beverages. Dancing and live entertainment (comedians/musicians) shall be a secondary use. PC Minutes - 1/22/92 -3- (3049d) 11. 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. 91-58 may become null and void. In addition, this review may result in modifications to the conditions of approval. 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. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 91-10: APPLICANT: City of Huntington Beach LOCATION: North Talbert/East Gothard General Plan Conformance No. 91-10 is a request to review the vacation of a 20 foot wide by 535 foot long alley as it conforms to the General Plan. The alley is located on the west side of Bell Circle and runs from Bell Circle to the alley south of Ronald Road. 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 recommends that the Planning Commission approve General Plan Conformance No. 91-10 with findings and suggested conditions of approval. A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO APPROVE GENERAL PLAN CONFORMANCE NO. 91-10 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman, Bourguignon ABSTAIN: None MOTION PASSED PC Minutes - 1/22/92 -4- (3049d) FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-10: 1. The proposed project is in conformance with the General Plan, specifically the following policies: a. Circulation: Develop a system of arterial streets and highways that ensures the safe and efficient movement of people and goods. The approval of General Plan Conformance No. 91-10 would prevent an alley from being used as a connector street from Talbert Avenue to Ronald Road, thereby, eliminating a traffic conflict between transient vehicle traffic and pedestrians or cars backing out of garages. b. Circulation: Provide a transportation system that is consistent with efforts to minimize adverse environmental and aesthetic effects. The approval of General Plan Conformance No. 91-10 would prevent area residents from using a residential alley from being used as a connector street from Talbert Avenue to Ronald Road. c. Land Use Element: Encourage the rational use of land and other natural resources. The approval of General Plan Conformance No. 91-10 would eliminate transient traffic down a residential alley and would provide greater security to residents of Bell Circle. CONDITIONS OF APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-10: 1. A reciprocal access and maintenance easement shall be recorded on each parcel abutting the alley to assure that the garages may be used to park vehicles in case the parcels are sold separately in the future. 2. Any proposed gates on the alley shall require approval of a use permit by the Zoning Administrator. 3. The alley shall be posted and maintained as a fire lane. C-2 PLANNING COMMISSION MINUTES DATED JULY 2, 1991: A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 2, 1991, BY THE FOLLOWING VOTE: AYES: Kirkland, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman, Bourguignon ABSTAIN: None MOTION PASSED PC Minutes - 1/22/92 -5- (3049d) C-3 PLANNING COMMISSION MINUTES DATED JULY 23, 1991: A MOTION WAS MADE BY KIRKLAND, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 23, 1991, BY THE FOLLOWING VOTE: AYES: Kirkland, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman, Bourguignon ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 MITIGATION MONITORING AND REPORTING POLICIES AND PROCEDURES: APPLICANT: City of Huntington Beach LOCATION: City -Wide The Commission discussed the process of contacting other cities to study their policy and procedures. They were concerned that this process would cause us to emulate their policies and procedures. Staff assured the Commission that they were contacted only as a reference to their study methods. THIS ITEM WAS DISCUSSED ONLY - NO ACTION TAKEN AT THIS TIME E. DISCUSSION ITEMS None F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS None PC Minutes - 1/22/92 -6- (3049d) 1 H. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the City Council meeting on January 22, 1992. I. ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY DETTLOFF, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON JANUARY 28, 1992 AND THEN TO THE SPECIAL MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Kirkland, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman, Bourguignon ABSTAIN: None /kj 1 APPROVED BY: . jaA44x6_ Mike Adams, Secretary Plan ing Commission Chairperson PC Minutes - 1/22/92 -7- (3049d)