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HomeMy WebLinkAbout1992-04-07I MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 7, 1992 Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5:30 PM OCEAN RUN AFFORDABLE HOUSING PROJECT DIVISION 9 REWRITE REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE APPROVED 7/7/92 - 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. Dennis Pleimann, 20032 Bayfront Lane, #204, spoke in opposition to the six month reviews of Crazy Burro and Sakura restaurants. He stated that they had not followed the conditions. Bob (last name unknown), also an adjacent resident stated he had the same complaints as the previous speaker. B. PUBLIC HEARING ITEMS B-1 RESOLUTION NO 1467 (CONTINUED FROM THE MARCH 17, 1992 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: The Ellis-Goldenwest Specific Plan area bounded by Ellis Avenue, Goldenwest Street, Garfield Avenue and Edwards Street. The proposed Design Guidelines have been prepared for the Ellis-Goldenwest Specific Plan area which is located between Ellis Avenue, Goldenwest Street, Garfield Avenue and Edwards Street. The Design Guidelines will provide continuity of common and private landscaping, equestrian trails, signage, fencing and street lights. The Planning Commission continued the Design Guidelines to the April 7, 1992 Planning Commission meeting in order for staff to re-evaluate the trail sections. On March 25, 1992, staff met with interested parties and a consensus was reached with regards to trail widths and plant materials. The major change to the trails has resulted in an increase from eight (8) to ten (10) feet in width for trails around the perimeter of the quartersection. Staff has transmitted the results of the March 25, 1992 meeting to the Dahl Company in order to possibly revise perimeter and internal landscape plans. Staff recommends continuing this item to the April 17, 1992, Planning Commission meeting to provide staff the opportunity to properly coordinate the proposed changes with affected parties. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue the proposed Design Guidelines to the April 17, 1992 Planning Commission meeting. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO CONTINUE RESOLUTION NO. 1467 DESIGN GUIDELINES FOR THE ELLIS-GOLDENWEST SPECIFIC PLAN TO THE APRIL 21, 1992 PLANNING COMMISSION MEETING IN ORDER FOR STAFF TO PROPERLY COORDINATE THE PROPOSED CHANGES WITH AFFECTED PARTIES, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/7/92 -2- (3595d) B-2 CONDITIONAL USE PERMIT NO 91-45 WITH SPECIAL PERMITS/TENTATIVE TRACT MAP NO. 14135 (REVISED)/COASTAL DEVELOPMENT PERMIT N0, 91-26/NEGATIVE DECLARATION NO. 91-33 (CONTINUED FROM THE MARCH 17, 1992 PLANNING COMMISSION MEETING)• APPLICANT: Surfcrest Partners LOCATION: Northwest corner of Palm Avenue and Seapoint Avenue The proposal is a request to construct a 284 unit condominium project within the Coastal Zone, located at the northwest corner of Seapoint Avenue and Palm Avenue. The project consists of seven (7), three (3) story buildings and two (2) recreational areas. The main project entrance is aligned with the Surfcrest South project and the secondary access is just south of the Palm/Seapoint intersection. This item was continued from the Planning Commission hearing of March 17, 1992, to allow the applicant time to submit an affordable housing plan for staff review. Staff and the applicant met and have mutually agreed upon a project condition of approval addressing the affordable housing requirement on -site. The proposed affordable housing condition of approval is presented to the Planning Commission under Section 5.0 Coastal Status. STAFF RECOMMENDATION: Staff is recommending approval of the project based on consistency with the General Plan and compliance with the design and development requirements of Article 915, Planned Residential Development, with special permits to allow innovative architectural design and an enhanced living environment. Commissioner Kirkland stated that he had viewed the video tape of the March 17, 1992 Planning Commission meeting, from which he was absent, and would be taking action on the item. The Commission and staff discussed the changes that had occurred on the project. THE PUBLIC HEARING WAS OPENED. Tom Zanic, representing applicant, stated that the project had been previously approved by the Planning Commission but that a requested height variance had been denied by the Commission which had caused a redesign of the project. He also stated they had entered into a tentative agreement with the school district. Ernie Vasquez, project architect, spoke in support of the request and highlighted major aspects of the project. Jerry Buchanan, Huntington Beach City School District, confirmed that they had come to a tentative agreement with the applicant. PC Minutes - 4/7/92 -3- (3595d) Daven Walden, project engineer, spoke in support of the request and highlighted major aspects of the project. Gerald Chapman, 6742 Shire Circle, representing H.O.M.E. Council spoke in opposition to the request. He stated his concerns with linear park being diminished by the developer. Dave Sullivan, Huntington Beach Tomorrow, spoke in opposition to the request with concerns that the project was not compatible with the linear park. Jack Bowland, 6881 Presido Drive, spoke in opposition to the request. His concerns included the environmental impact report being flawed, high noise level from heliport, affordable housing insufficient and open space land being given to the developer. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioners Leipzig and Dettloff felt the project had been improved from what was seen earlier but felt there was still an impact to the linear park. They were also concerned that the noise impact from the heliport was not properly addressed in the negative declaration, the buffer on Palm Street was insufficient, density was to high and that the Homeowner's Association should maintain the park. A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO DENY NEGATIVE DECLARATION NO. 91-33, BY THE FOLLOWING VOTE: AYES: Dettloff, Leipzig NOES: Kirkland, Newman, Richardson, Shomaker, Bourguignon ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE NEGATIVE DECLARATION NO. 91-33 WITH MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Bourguignon NOES: Dettloff, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/7/92 -4- (3595d) A MOTION WAS MADE BY KIRKLAND, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 91-45 WITH SPECIAL PERMITS, TENTATIVE TRACT MAP NO. 14135 AND COASTAL DEVELOPMENT NO. 91-26, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Bourguignon NOES: Dettloff, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-45: 1. The location, site layout, and design of the proposed 284 three (3) story condominium development properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed 284 three (3) story condominium development is compatible with surrounding properties in terms of architecture and orientation. 3. The access to and parking for the proposed 284 three (3) story stacked condominium development will not create an undue traffic problem. 4. The planned residential development for 284 three (3) story stacked condominiums conforms to the provisions contained in Article 915 except for the special permits requested. 5. As conditioned, Condition Use Permit No. 91-45 for 284 three (3) story condominiums is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the Planned Residential Development requirements which are compatible with the surrounding area: a. Reduction in building separation requirements between clusters. b. Reduction in building separation requirements within clusters. c. Deviation from building bulk requirements. d. Reduction in private open space requirements for ground floor units. e. Greater than 5% paving in main recreation area. PC Minutes - 4/7/92 -5- (3595d) f. Reduction of access width. g. No trash enclosures to the exterior of buildings (located in ground floor garage). 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. 3. The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of th neighborhood or of the City in general. 4. The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the terrain, compatible with the surrounding environment and compatible with surrounding residential development. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO 14135 REVISED: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for 284 three (3) story condominiums are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of High Density Residential and R4-29-0-CZ (29 units per gross acre) zoning were implemented. 3. The site is relatively flat and physically suitable for the proposed density of 29 units per gross acre. 4. Tentative Tract Map No. 14135 Revised for 284 three (3) story condominiums is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 91-26: 1. As conditioned, the proposed 284 three (3) story condominium development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 91-26 is consistent with the Coastal Zone suffix, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. PC Minutes - 4/7/92 -6- (3595d) 1 3. At the time of occupancy, the proposed 284 three (3) story condominium development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed 284 three (3) story condominium development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The project is consistent with the affordable housing requirement of the Coastal Element by proposing to provide 20% affordable housing on -site through a first time buyer program with a resale covenant for first right of refusal to the City of Huntington Beach. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-45 WITH SPECIAL PERMITS: 1. The site plan, floor plans and elevation plans dated March 5, 1992 shall be the conceptually approved layout. a. All floor plans must provide an exterior storage unit of 100 cubic feet. Storage areas above washers and dryers must be provided shelving. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. 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. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. 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. PC Minutes - 4/7/92 -7- (3595d) e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California Insulation Standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. All windows in the second and third floor rooms exposed to the oil wells will be required to have an Exterior Wall noise Rating (EWNR***) of 25 which is equal to a similar noise rating scale, the Sound Transmission Class (STC) of 27, to sufficiently attenuate against noise levels from oil well operations. Any window that meets the EWNR*** 25 or the STC 27 may be used. The first floor windows will not need any upgrades because the 10 feet high noise barrier separating the project from the oil well site will sufficiently shield the first floor rooms. All windows in the second and third floor rooms exposed to the heliport will be required to have an EWNR*** of 28 or a STC of 31, Exhibits 4a, 4b and 4c indicate those units requiring both oil and heliport noise mitigation. Mechanical ventilation will be required for all homes adjacent to the oil wells and heliport. The ventilation requirement may be provided by certain types of air conditioning systems or a mechanical ventilation system. The ventilation system must provide two (2) air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction such as 10 feet of straight or curved duct, or six (6) feet plus one (1) sharp 90 degree bend. Exhibit 4a, 4b and 4c shows the units requiring mechanical ventilation. f. Elevations shall depict colors and building materials proposed. g. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturaly 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. h. 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. PC Minutes - 4/7/92 -8- (3595d) i. 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. In addition, foundations and utility installations should be designed to withstand possible minor differential settlement, caused by subsidence, without damage. Appropriate design parameters should be recommended by a qualified soils engineer and incorporated into the design and construction of the project. j. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 3. Prior to the issuance of grading permits: a. A grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. Drainage from the site shall connect with the City's storm drain system. No storm water drainage shall drain to the linear park site. 4. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 5. 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 Article 960 and 915 Planned Residential Standards of the Huntington Beach Ordinance Code. The set must be approved by PC Minutes - 4/7/92 -9- (3595d) 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. A landscaping plan shall be submitted to the Department of Public Works and Community Development for approval. Native bluff plant materials shall be utilized in the landscaping of the site. 1. A landscape plan for the 10 foot off -site landscape buffer to the Bolsa Chica Linear Park shall be submitted for review and approval. The plan shall have received approval from the Orange County Environmental Agency Harbors, Beaches and Parks prior to submittal. c. All applicable Public Works fees shall be paid. d. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. e. Perimeter fencing plans for review and approval which depict decorative materials. f. The applicant shall work with the Department of Public Works to provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. g. An affordable housing plan shall be provided for 20% of the 284 housing units (57 units) for persons or households earning between 80-120% of the Orange County median income levels (with an average affordability level of 100% of median income). The affordable housing shall be provided through three (3) housing types: 1 bedroom, 1 bedroom -den, and 2 bedroom units, shown on the technical site plan dated March 5, 1992 as plans A, B, C, D and E. The affordable housing units shall be located throughout the condominium clusters. The affordable units shall be made available as a first time buyer program with a covenant for first right of refusal for resale to the City of Huntington Beach. The covenant for resale shall be subject to mutually agreed upon language between the City of Huntington Beach and the developer. 6. Fire Department Requirements are as follows: a. Automatic sprinkler systems shall be installed throughout to comply with Huntington Beach fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. PC Minutes - 4/7/92 -10- (3595d) 1 0 b. A Class III wet standpipe system (combination) shall be installed to comply with Huntington Beach Fire Department and Uniform Building code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. c. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings ill be submitted to and approved by the Fire Department prior to installation. The system will provide the following: 1) Manual Pulls 2) Water flow, valve tamper and trouble detection 3) 24 hour supervision 4) Smoke Detectors 5) Annunciation 6) Graphic Display 7) Audible Alarms. d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. e. Fire hydrants shall be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. f. Elevators will be sized to accommodate an ambulance gurney. Minimum 6 foot 8 inch wide by 4 foot 3 inches deep with minimum of 42 inch opening. g. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Specification No. 415. h. Security gates will be designed to comply with Huntington Beach Fire Department Specification No. 403. i. Address numbers will be installed to comply with Huntington Beach Fire Code Specification No. 428. The size of the numbers will be the following: 1) The number for the building will be sized a minimum of 10 inches with a brush stroke of one and one-half (1-1/2) inches. 2) individual units will be sized a minimum of four (4) inches with brush stroke of one-half (1/2) inch. j. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department Standards. PC Minutes - 4/7/92 -11- (3595d) k. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Includes the circulation plan and dimensions of all access roads (24 feet or 27 feet fire lanes, turnarounds and 17 feet by 45 feet radius turns). 1. Names of streets must be approved by the Huntington Beach Fire Department prior to use. m. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. n. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and No. 431 for the abandonment of oil wells and site restoration. o. The project will comply with all provisions of the Huntington Beach Ordinance code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. p. Developer shall construct roadway to connect Seapoint to Pacific Coast Highway. A temporary paved emergency access roadway shall be completed prior to commencement of combustible construction. q. Developer to provide funding for a temporary fire station facility at a site to be determined. Funding will occur with a minimum 90 days notice by the fire chief. This site for the temporary fire station will be acquired by the City. The temporary fire station facility is not intended to duplicate requirements contained within the Holly-Seacliff Development Agreement. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 8. 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. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 10. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 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; PC Minutes - 4/7/92 -12- (3595d) u 1 b. Wet down areas in the late morning and after work is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts. e. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate of Occupancy for any use within the building. 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 issuance of a Certificate of Occupancy, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished. b. The 10 foot wide off -site landscaped buffer within the Bolsa Chica Linear Park shall be improved and accepted by the Orange County Environmental Agency Harbors, Beaches and Parks. 14. 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. 15. A qualified archaeologist shall examine the surface of the site after it has been cleared of vegetation prior to site grading. 16. If no cultural materials are observed, no further mitigation of cultural resources shall be required. A written report shall be submitted to the city by the archaeologist. 17. If some indication of the presence of cultural materials is observed, all activity shall cease and the archaeologist shall determine the appropriate course of action. 18. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. PC Minutes - 4/7/92 -13- (3595d) 19. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. 20. 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. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO, 14315: 1. The tentative tract map received and dated February 26, 1992, shall be the approved layout. 2. At least sixty (60) days prior to recordation of the final tract map, CC & R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowner's Association. a. A ten (10') foot off -site landscape buffer along the Bolsa Chica Linear Park north of the project site shall be landscaped by the developer according to the specifications of the Orange County Environmental Agency, Harbors, Beaches and Parks and accepted by that agency. The buffer shall be maintained for the life of the project by the Home Owner's Association. 3. The Public Works Department requirements are as follows: a. Submit a soils report to the Director of Public Works. b. Construct off -site storm drain as shown on the Tentative Map, to mitigate increased runoff due to development. c. Construct full street improvements for Seapoint Avenue within the tract boundary. d. Construct full width improvements for Seapoint Avenue, off -site, from the tract boundary to Pacific Coast Highway. e. Construct off -site traffic signal at Pacific Coast Highway and Seapoint Avenue. f. Construct off -site traffic signal at Palm and Seapoint. PC Minutes - 4/7/92 -14- (3595d) �J 1 g. Construct full width improvements for Seapoint Avenue, off -site, from the existing terminus of Seapoint Avenue to Garfield. h. Construct any temporary access which may be required by the Fire Department. i. Enter a license and maintenance agreement with the City for maintenance of landscaping along Seapoint, along with the project frontage. j. Construct full improvements of Lot A in accordance with requirements of the Department of Public Works. k. Dedicate easement over lot A to the City for water line purposes and emergency access purposes. 1. Construct on -site storm drain in accordance with requirements of the Department of Public Works. B-3 CONDITIONAL USE PERMIT NO, 91-57 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO. 92-2/ENVIRONMENTAL ASSESSMENT N0, 92-9: APPLICANT: Team Design (Jeff Bergsma) LOCATION: 303 Third Street Conditional Use Permit No. 91-57 is a request to construct a two story 13,200 square foot building on the northwest corner of Olive Avenue and Third Street in Downtown Specific Plan, District 5 (Mixed Use). The building is to be occupied by Nautilus Aerobics Plus. The proposed building closely approximates the size and architecture of the historic building which previously occupied the site. Special permits are requested to allow setback encroachments similar to the previous building. No on -site parking is proposed for the new building. Although 66 parking spaces would be required, the building is "grandfathered" for 57 spaces credited for the previous building. The applicant is proposing to pay an "in -lieu" fee for the remaining nine (9) required parking spaces. The Downtown Specific plan permits such "in -lieu" payment. Given that the proposed building is located adjacent to the 200 block City parking structure, staff believes that sufficient parking is available and the "in -lieu" fee is acceptable. STAFF RECOMMENDATION: Staff is recommending approval of the request with minor design revisions recommended by the Design Review Board. PC Minutes - 4/7/92 -15- (3595d) The Commission expressed their concern regarding the grandfathering in of parking spaces. Since the downtown buildings are still fairly vacant, the complete need for or lack of parking may yet be known. Mike Adams, Director of Community Development, stated that at build -out there will be 2,000 plus parking spaces available to the downtown, and that would be a sufficient amount. THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, 215 Main Street, project architect, stated the project started as a historical restoration and that the tenant entering was a very successful company. Ed Cunningham, Historic Resource Board, stated his concern that the building be built as close to original as possible. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KIRKLAND, SECOND BY NEWMAN, TO APPROVE NEGATIVE DECLARATION NO. 92-9 WITH MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KIRKLAND, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-57 WITH SPECIAL PERMITS AND COASTAL DEVELOPMENT PERMIT NO. 92-2 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-57: 1. The location, site layout and design of the proposed two story health club is properly adapted to streets, driveways and adjacent structures in a harmonious manner. 2. The design of the proposed two story health club is consistent with the previously existing building which had historic merit. PC Minutes - 4/7/92 -16- (3595d) 3. Sufficient parking spaces exist in the vicinity to service the proposed two story health club. 4. The proposed two story health club is consistent with uses permitted within District 5 (Mixed Use) of the Downtown Specific Plan. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following special permits promote a better living environment by adapting the Downtown Specific Plan requirements to better suit the design of the building and establish compatibility with the surrounding area: a. A request to encroach into the front setback zero (0) feet in lieu of five (5) feet in order to replicate previously existing historic building. b. A request to encroach into the exterior side yard setback zero (0) feet in lieu of five (5) feet in order to replicate the previously existing historic building. c. A request to encroach into the rear side yard setback zero (0) feet in lieu of three (3) feet in order to replicate the previously existing historic building. 2. The requested special permits for setbacks provide for maximum use of historic and aesthetically pleasing types of architecture, design and building layout. 3. The requested special permits for setbacks will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general due to the manner in which they allow recreation of a historic building. 4. The requested special permits are consistent with the objectives of the Downtown Specific plan standards in achieving a development compatible with the surrounding environment and consistent with historic construction in the area. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 91-2: 1. The proposed two-story health club development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 91-2 is consistent with the CZ (Coastal Zone) suffix, District 5 (Mixed Use) of the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. PC Minutes - 4/7/92 -17- (3595d) 3. At the time of occupancy, the proposed two-story health club development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed two-story health club development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 91-57: 1. The site plan, floor plans and elevations received and dated February 27, 1992 shall be the conceptually approved layout with the following modification: a. All arch enclosures shall be recessed. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. 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 architecturaly 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. PC Minutes - 4/7/92 -18- (3595d) 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. Maximum separation between building wall and property line shall not exceed two inches (2"). i. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. j. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. k. The applicant shall file a parcel map request to consolidate Lots 1, 3 and 5. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. 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 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. b. 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. PC Minutes - 4/7/92 -19- (3595d) c. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. All applicable Public Works fees shall be paid. 4. The Public Works Department requirements are as follows: a. The existing driveways on 3rd Street and Olive Avenue, adjacent to the project, shall be removed. b. The existing sidewalk on 3rd Street and Olive Avenue shall be removed and replaced. c. The existing curb and cutter on 3rd Street and Olive Avenue, adjacent to the project, shall be removed and replaced with a curb and gutter. d. The existing 17.5 foot radius curb return and wheelchair ramp6shall be removed and replaced with a 30 foot radius curb return and new wheelchair ramp. e. The existing paving to centerline of 3rd Street and Olive Avenue, adjacent to the project, shall be removed and replaced. The paving shall be designed for 20 year service. f. Parking meters shall be installed on Olive Avenue, adjacent to the project. g. The existing paving to the centerline of the alley shall be removed and replaced. h. A concrete alley gutter shall be constructed. i. A full width concrete alley apron at Olive Avenue shall be constructed. j. The existing cable TV vault and water meter which are currently located in alley shall be relocated to a location approved by the Department of Public Works. k. Dedication shall consist of 2 1/2 feet of alley and 20 foot radius at the corner of 3rd Street and Olive Avenue. 5. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. PC Minutes - 4/7/92 -20- (3595d) b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. The system shall provide water flow, valve tamper and trouble detection and 24 hour supervision. c. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. Address numbers shall be installed to comply with City Specification No. 428. The number for the buildings shall be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1 1/2) inches. e. The development shall comply with all provisions of the Huntington Beach Fire Code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. f. The project shall comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay districts. 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. 9. The applicant shall obtain clearance from the Public Liability Claims Coordinator, Administrative Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to be executed at least five (5) days prior to the event. 10. 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; PC Minutes - 4/7/92 -21- (3595d) 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. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to final building permit approval or 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 signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) d. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. e. Compliance with all conditions of approval specified herein shall be accomplished. 13. 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. 14. 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. 15. 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. 16. This conditional use permit 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. 17. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. PC Minutes - 4/7/92 -22- (3595d) 18. 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. 19. Rear access to the building shall comply with UBC regulations. B-4 CONDITIONAL USE PERMIT NO. 91-19/COASTAL DEVELOPMENT PERMIT N0, 91-9• APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: 325 Pacific Coast Highway (Huntington Beach Pier) Conditional Use Permit No. 91-19 and Coastal Development Permit No. 91-9 is a request by the City of Huntington Beach to construct five (5) buildings on the newly reconstructed Huntington Beach Municipal Pier. The pier is located at the terminus of Main Street in the Downtown Specific Plan, District 10. Uses intended to occupy the structures include a bermline snack shop, lifeguard tower, restrooms , bait/snack shop and a pierhead restaurant. The proposed five (5) new buildings are to be constructed in approximately the same location as the original pier buildings although the new structures will be slightly larger in size. The plan submitted illustrates an average building height of 30 feet for the end of the pier restaurant which does not meet the maximum allowable building height of 25 feet. Staff recommends approval of the pier buildings with a revision to the pierhead restaurant to meet the height requirements of the Downtown Specific Plan and to subsequently be submitted to the Design Review Board for approval. STAFF RECOMMENDED: Staff recommends that the Planning Commission approve Conditional Use Permit No. 91-19 and Coastal Development Permit No. 91-9 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Ed Cunningham, Historic Resource Board, expressed concern that the historical flavor of the city has not been preserved. Mr. Cunningham also expressed concern regarding the materials to be used in the new buildings. Albert Watkins, 207 1/2 Geneva Avenue, spoke in opposition to the request. Mr. Watkins feels that the pier should not be used for commercial uses. PC Minutes - 4/7/92 -23- (3595d) 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 regarding the historical value of the previous buildings. Commissioner Kirkland stated that he did not see anything of architectural value in the previous buildings to emulate. He felt the current buildings were better. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 91-9 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 91-19, AS SUBMITTED BY THE ARCHITECT, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: Richardson ■ ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 91-9: 1. The proposed pier building conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 91-9 is consistent with the CZ (Coastal Zone) suffix, the Downtown Specific Plan, and other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed pier buildings can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed buildings conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. Previously approved Floodplain Variance No. 90-1 will not result in modification of the requirements of the certified Land Use Plan. PC Minutes - 4/7/92 -24- (3595d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 91-19: 1. The location, site layout, and design of the proposed pier buildings properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The access to and parking for the proposed pier buildings does not create any undue traffic problem because the square footage will not substantially increase from the original square footage. 3. The proposal is consistent with the intent of the Downtown Specific Plan in providing a public recreational/open space amenity that is affordable and accessible to a wide range of residents and visitors. 4. The proposal is consistent with the General Plan Land Use designation of Visitor Serving Commercial. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations dated April 2, 1991 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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. b. Plans shall depict natural gas stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. c. Elevations shall depict colors and building materials as approved by the Pier Design Committee and City Council. d. The site plan shall include all conditions of approval imposed on the project printed verbatim. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department, and shall be subject to applicable permits from other agencies (Section 10, Section 106, Coastal Commission Coastal Development Permit). 4. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable materials, shall be disposed of at an off -site facility equipped to handle them. PC Minutes - 4/7/92 -25- (3595d) 5. The pier buildings shall be constructed in compliance with City Geotechnical Abatement Ordinance and with construction related seismic codes. 6. All buildings except the lifeguard tower shall be fully handicapped accessible. 7. Fire Department Requirements are as follows: a. Automatic fire sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: 1. Water flow, valve tamper 2. 24 hour supervision 3. Smoke detectors c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 8. The SCAQMD recommends the following standard procedures to reduce construction impacts: a. Regular water of construction areas. b. Maintaining construction equipment in proper tune c. Phasing and scheduling construction activities to level emission peaks. d. Discontinue construction during first and second stage smog alerts. 9. Construction activities shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, and prohibited on Sundays and Federal holidays. B-5 GROWTH MANAGEMENT ELEMENT/NEGATIVE DECLARATION NO. 92-3: APPLICANT: City of Huntington Beach LOCATION: City-wide 0 PC Minutes - 4/7/92 -26- (3595d) In November 1990, Orange County voters approved Measure M, the Revised Traffic Improvement and Growth Management Ordinance. Measure M established an additional 1/2 cent sales and use tax to be used throughout the county for funding critical road improvements and help to mitigate traffic impacts generated from existing and proposed development. Portions of the monies received from the new tax will be distributed to local jurisdictions for use on local and regional transportation improvements and maintenance projects. In order to qualify for the new revenues, Measure M requires each jurisdiction to comply with the Orange County Division, League of California Cities, County -wide Traffic Improvement and Growth Management Program which was included by reference in the Measure M Ordinance. One of the requirements of the program is the adoption of a Growth Management Element for the City of Huntington Beach. The attached draft Growth Management Element has been prepared based on the model Growth Management Element Ordinance format approved by the Regional Advisory and Planning Council to comply with the requirement. This document must be adopted by the City Council prior to May 1, 1992. Following City Council adoption, the Growth Management Element will be incorporated into the comprehensive General Plan Update. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 92-3 and Planning Commission Resolution No. 1468 recommending the City Council adopt the Growth Management Element as a mandatory element of the General Plan. THE PUBLIC HEARING WAS OPENED. Jerry Buchanan, Huntington Beach City School District, stated that the plan was commendable, but the Growth Management Element does not deal with schools. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed the schools not being incorporated into the element. Staff explained that the Commission could adopt the element as is and further consider schools in an addendum. A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE NEGATIVE DECLARATION NO. 92-3 AND THE GROWTH MANAGEMENT ELEMENT WITH ERRATA AND SCHOOL DISTRICT ADDITIONS, BY THE FOLLOWING VOTE: AYES: Richardson, Dettloff, Leipzig NOES: Kirkland, Newman, Shomaker, Bourguignon ABSENT: None ABSTAIN: None MOTION FAILED PC Minutes - 4/7/92 -27- (3595d) A MOTION WAS MADE BY NEWMAN, SECOND BY KIRKLAND, TO APPROVE NEGATIVE DECLARATION NO. 92-3, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Shomaker, Bourguignon, Leipzig NOES: Richardson, Dettloff ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN TO ADOPT RESOLUTION NO. 1468 RECOMMENDING THE CITY COUNCIL TO ADOPT THE GROWTH MANAGEMENT ELEMENT AS A MANDATORY ELEMENT OF THE GENERAL PLAN WITHOUT THE ERRATA AND THE SCHOOL DISTRICT ADDITIONS, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Shomaker, Bourguignon, Leipzig NOES: Richardson, Dettloff ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED NOVEMBER 19, 1991: A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 19, 1991, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED DECEMBER 3, 1991: A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED DECEMBER 3, 1991, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/7/92 -28- (3595d) C-3 PLANNING COMMISSION MINUTES DATED DECEMBER 17, 1991: A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED DECEMBER 17, 1991, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 SIX (6) MONTH REVIEW FOR CONDITIONAL USE PERMIT NO. 91-30 (REVISED)/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44: APPLICANT: Gang Xu, Sakura Japanese Restaurant LOCATION: 8052 Adams Avenue On October 8, 1991, the Planning Commission approved Conditional Use Permit No. 91-30 and Conditional Exception (Variance) No. 91-44, a request to permit the establishment of a night club with dancing and live entertainment. A conditional exception (variance) to permit a reduction of three (3) required parking spaces was also approved. As a condition of approval, the Planning Commission requested that the permit be reviewed in six (6) months to make sure that all conditions of approval are complied with and to assess whether additional conditions are needed. This condition also stated that Conditional Use Permit No. 91-30 and Conditional Exception (Variance) No. 91-44 may become null and void if the conditions of approval are not complied with. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the six (6) month review for Conditional Use Permit No. 91-30 and Conditional Exception (Variance) No. 91-44 and schedule a revocation hearing within forty-five (45) days. Also require that a shared valet parking plan be initiated by both Sakura and Crazy Burro Restaurants, require that all doors and windows be kept closed and modify the security guard requirements. Staff explained that items D-2 and D-3 could be heard together because of their relationship but will have to be acted upon separately. PC Minutes - 4/7/92 -29- (3595d) Staff explained to the Commission that the conditions were not fully being complied with. A major concern was a uniformed security guard in the parking lot during live entertainment. The security guard's purpose would be to control noise in the parking lot, which was a complaint of the adjacent neighbors. Also staff explained that the doors were not always being kept shut during live entertainment. The Commission suggested a revocation hearing in 45 days, with a list of conditions that the applicants should adhere to during that time. A MOTION WAS MADE BY RICHARDSON, SECOND BY KIRKLAND, TO SCHEDULE A REVOCATION HEARING WITH 45 DAYS FOR CONDITIONAL USE PERMIT NO. 91-30/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44 - SIX MONTH REVIEW WITH CONDITIONS, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson Shomaker, Dettloff, Leipzig NOES: Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED D-2 SIX (6) MONTH REVIEW FOR CONDITIONAL USE PERMIT NO, 91-37/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-42: APPLICANT: Leroy Stone LOCATION: 8082 Adams Avenue A MOTION WAS MADE BY RICHARDSON, SECOND BY KIRKLAND, TO SCHEDULE A REVOCATION HEARING WITH 45 DAYS FOR CONDITIONAL USE PERMIT NO. 91-30/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44 - SIX MONTH REVIEW WITH CONDITIONS, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson Shomaker, Dettloff, Leipzig NOES: Bourguignon ABSENT: None ABSTAIN: None MOTION PASSED D-3 GOLDENWEST UNDERGROUND UTILITY DISTRICT: APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: East and west sides of Goldenwest Street between Ellis and Slater Avenues PC Minutes - 4/7/92 -30- (3595d) A MOTION WAS MADE BY KIRKLAND, SECOND BY NEWMAN TO FIND THE PROPOSED GOLDENWEST STREET UNDERGROUND UTILITY DISTRICT TO BE CONSISTENT WITH COMPREHENSIVE PLANS FOR THE CITY WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Richardson - asked Commission and staff if they could change the regular Planning Commission meeting from June 2nd to possible June 3rd. Staff stated they would check the schedule and the Commission could vote on it at the next scheduled Planning Commission meeting. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Community Development Director, reiterated action taken at the April 6, 1992 City Council meeting. G . ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY BOURGUIGNON, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON APRIL 21, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM BY THE FOLLOWING VOTE: AYES: Kirkland, Newman, Richardson, Shomaker, Dettloff, Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVE,DI BY: A. Mike A a s, Secretary qPl�ning ssion Chairperson PC Minutes - 4/7/92 -31- (3595d)