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HomeMy WebLinkAbout1992-07-07C 1 APPROVED 10/6/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION JULY 7, 1992 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM HUNTINGTON CENTRAL PARK LAND USE PLAN - Community Services Department REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, P P Newman, 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 REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 91-37/CONDITIONAL EXCEPTION NO. 91-42 - CRAZY BURRO RESTAURANT (CONTINUED FROM THE MAY 19, 1992 PLANNING COMMISSION MEETING): APPLICANT: Leroy Stone LOCATION: 8082 Adams Avenue (Crazy Burro Restaurant) On May 19, 1992, the Planning Commission voted to continue the revocation hearing for the Crazy Burro dancing and live entertainment permit due to complaints that the applicant had failed to comply with conditions of approval. It was decided at this meeting to continue the revocation hearing to the July 7, 1992 Planning Commission meeting. On June 20, 1992 at approximately 12:00 A.M. Code Enforcement conducted an inspection of the premises and observed the Crazy Burro to be in full compliance with the conditions of approval. A uniformed security guard was stationed at all times in the parking lot and appeared to be very attentive to the restaurant and parking lot surroundings. It should be noted that an altercation occurred in the parking lot in which a group of Sakura patrons began yelling and threatening to fight one another. The Crazy Burro security guard immediately responded to the altercation made by the Sakura patrons. STAFF RECOMMENDATION: Staff recommends that the Planning Commission allow the Crazy Burro to continue providing dancing and live entertainment and schedule a one (1) year review. The Commission questioned staff on the following items: Were the sound readings taken legitimate? Staff stated that they were. Are there any other conditional use permits in the City operating until 2:00 AM? Staff said that there were a few. Was there sufficient ventilation with all windows and doors closed during live entertainment? Staff stated that there was. THE PUBLIC HEARING WAS OPENED. Leroy Stone, 8002 Adams Avenue, applicant, stated that at the previous hearing the Commission had deleted the condition of valet parking completely. He also stated that he was requesting to have live entertainment until 1:30 AM and close at 2:00 AM. Ellywyn Brickson, Noise Management Co., stated the sound report had been made Friday night with both restaurants fully active. It was stated in the report that the results did not exceed City code. Richard L. Landes, representing business owners in the park, stated their concerns with the use of parking lot and the condition of the parking lot. He encouraged the Commission to implement in the conditions of approval a review and a security guard. Ron Pattinson, consultant for the applicant, stated the hours of operation were a hardship to the business. He stated that the security guard starting at 6:00 PM would also be an unecessary hardship, and requested that the starting time be changed to 9:00 PM. PC Minutes - 7/7/92 -2- (4329d) 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 INGLEE, TO ALLOW THE CRAZY BURRO TO CONTINUE OPERATING UNDER CONDITIONAL USE PERMIT NO. 91-37 WITH MODIFIED AND ADDITIONAL CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED MODIFIED AND ADDITIONAL CONDITIONS OF APPROVAL: 2. (Additional) The security guard shall be posted in the parking lot from 9:00 PM until at least one (1) hour after closing; on advertised Happy Hour days the guard shall begin at 6:00 PM. 3. (Modified) Live entertainment and dancing shall be limited to between the following hours: Monday - Saturday 9:00 PM - 1:30 AM Sunday 3:00 PM - 1:30 AM 8. (Additional) All doors and windows shall be kept closed during all dancing and live entertainment events. 9. (Additional) A subsequent three (3) month review will be conducted by staff and the findings reported to the Planning Commission. B-2 REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO, 91-30/CONDITIONAL EXCEPTION N0. 91-44 - SAKURA JAPANESE RESTAURANT (CONTINUED FROM THE MAY 19, 1992 PLANNING COMMISSION MEETING): APPLICANT: Gang Xu LOCATION: 8052 Adams Avenue (Sakura Japanese Restaurant) On May 19, 1992, the Planning Commission voted to continue the revocation hearing for Sakura's dancing and live entertainment permit due to complaints that the applicant had failed to comply with their conditions of approval. PC Minutes - 7/7/92 -3- (4329d) On June 20, 1992 at approximately 12:00 AM staff inspected the restaurant and observed there to be live entertainment (i.e. disc jockey) taking place. Approximately one-half (1/2) hour later staff observed a group of Sakura patrons leave the restaurant, proceed to their vehicles and began yelling/threatening to start a fight. Staff proceeded inside the restaurant and observed a uniformed security guard to be talking and relaxing with other restaurant employees and patrons. STAFF RECOMMENDATION: Based on the fact that staff did observe Sakura to have a uniformed security guard present who failed to properly monitor the parking lot area during the prime closing time, staff recommends that the Planning Commission revoke Conditional Use Permit No. 91-30 and Conditional Exception (Variance) No. 91-44. The Commission asked why two (2) security guards were necessary for one (1) parking lot. Staff explained that the owners of Sakura and Crazy Burro could not agree on a cost sharing formula due to the different needs of each business. THE PUBLIC HEARING WAS OPENED. Linda Bowen, 8052 Adams Avenue, representing applicant, explained to the Commission that the security guard they employ is an inside personal guard. The Commission asked for clarification of the security guards. Leroy Stone, President Crazy Burro, stated that his business had supplied the security guard for the outside, but they had never been reimbursed by the Sakura owners. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO REVOKE CONDITIONAL USE PERMIT NO. 91-30 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 7/7/92 -4- (4329d) J FINDINGS FOR REVOCATION - CONDITIONAL USE PERMIT NO, 91-30/ CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44: 1. Condition No. 5 of Conditional Use Permit No. 91-30 and Conditional Exception No. 91-44 requires that a six (6) month review be conducted to verify compliance with all conditions of approval and, "if, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 91-30 (Revised) and Conditional Exception No. 91-44 may become null and void." After review of the conditions, the Planning Commission finds that the following conditions have not been complied with: A. Condition No. 1 - A parking lot security guard shall be on duty during all dancing events to monitor parking, trash and noise. Staff visits on March 13, May 10 and June 20, 1992 to the subject restaurant revealed that no parking lot security guard had been on duty monitoring the parking area while dancing and live entertainment activities were taking place. B. Condition No. 2 - Stated that the hours of dancing and live entertainment shall be: Sunday - Thursday 9:00 PM - 12:00 AM Friday - Saturday 9:00 PM - 1:30 PM Phone conversations with the restaurant staff and the planning staff revealed that dancing and live entertainment takes place until 1:00 AM on Thursday evenings one (1) hour later than the condition's permit. 2. The applicant has failed to comply with Condition No. 1 of Conditional Use Permit No. 91-30 and Conditional Exception No. 91-44 which has resulted in adverse impacts to nearby residential properties including noise, police calls and loitering in the parking lot. B-3 SITE PLAN AMENDMENT TO CONDITIONAL USE PERMIT NO, 89-6(A)/TENTATIVE TRACT MAP NO. 13439 (CONTINUED FROM THE JUNE 16, 1992 PLANNING COMMISSION MEETING): APPLICANT: The Dahl Company LOCATION: 1,000 feet south of Ellis Avenue approximately 700 feet west of Goldenwest Street. PC Minutes - 7/7/92 -5- (4329d) This item was continued from the June 16, 1992 Planning Commission meeting at the request of the Dahl Company. The Dahl Company is requesting to amend Condition No. 3a in Conditional Use Permit No. 89-6(A)/Tract 13439 which requires a total of 227 trees as a result of a 2:1 replacement of existing mature trees which were removed in January, 1992. The request is to reduce the required number of trees from 227 to 176 (a reduction of 51 trees). The Landscape Division has reviewed the request and has prepared a tract Landscape Plan which will be available for review at the Planning Commission meeting. Staff feels that the reduction from two (2) street trees to one (1) street tree is justified. Also, the replacement of trees with fast growing bushes in an oil lot is a reasonable request. Staff feels that additional trees should be provided on the lots which abut existing dwellings to the west. STAFF RECOMMENDATION: Staff supports the amendment for only the reduction of required trees from 227 to 203 (a reduction of 24 trees) because it will not constitute a substantial change to the estate residential development, the use of the property will remain the same and the intent of estate residential landscaping which provides adequate screening for adjacent lots will remain in effect. A discussion ensued regarding the need for the change and in whose best interest it would be. Staff stated that the change was being requested by the homeowner's group who had a vested interest, whereas, the developer does not have a vested interest, only a plan. The Commission stated concern about new property owners coming in and wanting the trees out. Staff explained that the Commission had to decide if this or the original landscape plan is better. THE PUBLIC HEARING WAS OPENED. Jeff Smith, representing applicant, simply requested that the Planning Commission allow a modification to the site plan and reduce the number of trees to offset increased cost for applicant's landscaping plan on Edwards Street. The applicant requested that the landscaping be moved to areas abutting arterial streets and reduce the internal amount of landscaping. He state it was to much to ask of the Homeowner's association to maintain all those trees. Gerald Chapman, 6742 Shire Circle, spoke in opposition to the request. Mr. Chapman stated that the Ellis/Goldenwest Specific Plan states that any tree cut must be replaced on a 2:1 ratio. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 7/7/92 -6- (4329d) The Commission discussed changes to the conditions to incorporate the inclusion of all 242 trees, but in 3 size categories, and reduced in size. They also discussed a condition to include coverage of vandalism for two (2) years. Daryl Smith stated that the developer is responsible for the trees during the construction, and since construction will probably continue for two years the vandalism condition would not be necessary. A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON TO APPROVE MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 89-6(A) AND TENTATIVE TRACT MAP NO. 13439 AS SUGGESTED BY THE COMMISSION, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON TO TAKE EMERGENCY ACTION ON AN ITEM THAT WAS NOT AGENDIZED, BY THE FOLLOWING VOTE: AYES: Inglee, Newman, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Bourguignon, Richardson, Shomaker, Dettloff, Leipzig A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO REVOKE EXISTING LANDSCAPE PLAN (TRACT 13269) AND APPROVE PLANNING COMMISSION'S RECOMMENDED PLAN, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 7/7/92 -7- (4329d) FINDINGS FOR APPROVAL - SITE PLAN AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-6(A)/TRACT NO. 13439: 1. The change in size of trees for Conditional Use Permit No. 89-6(A)/Tract No. 13439 will not constitute a substantial change because one (1) required tree shall remain in each lot as required by the Huntington Beach Ordinance Code and there will be no reduction of trees in common landscape and trail easements. 2. The residential use of the property will remain as approved by the Planning Commission on February 21, 1990. 3. The dwelling unit density of 2.8 units per acre shall remain the same as approved by the Planning Commission on February 21, 1990. 4. The revision to provide 242 trees (212 required pursuant to Condition No. 3a and 30 pursuant to the Subdivision Ordinance) in a variety of sizes will result in an improved landscape plan where a minimum of one (1) tree shall remain for each lot and landscape/trail easements shall retain the original number of required trees. 5. The revision complies with the requirement of a minimum of one (1) tree per lot and will provide landscape buffers between residential subdivisions. 6. Smaller trees have a higher viability, better long-term growth potential than larger trees, and represents a positive improvement to the original plan. MODIFIED CONDITIONS OF APPROVAL FOR SITE PLAN AMENDMENT TO CONDITIONAL USE PERMIT NO 89-6(A)/TRACT 13439: 3a. Add the following: "A total of 242 trees shall be provided within the subdivision as follows: o A minimum of 81 trees shall be 36" bog in size; o A minimum of 81 trees shall be 24" bog in size; and o A minimum of 80 trees shall be 15 gallon in size. All 15 gallon and 24" bog trees shall be guaranteed by the developer for up to two (2) years after planting. The oil lot shall be screened using additional trees and plant material. The developer has an option to offer placement and type of tree to homeowners as part of the one tree per lot requirement. The final landscape plan, with grading information, shall be subject to review by the Planning Commission. PC Minutes - 7/7/92 -8- (4329d) f B-4 CONDITIONAL EXCEPTION (VARIANCE) N0. 90-35(R): APPLICANT: Pacific Coast Homes LOCATION: General area northwest of Goldenwest Street and Garfield Avenue and northeast of Garfield Avenue and Edwards Street. The applicant is requesting an amendment to a previously approved, four (4) lot cut and fill variance for a 97 lot subdivision located in the Ellis-Goldenwest quartersection. The amended request is to allow a maximum 24 lots to deviate from the maximum two (2) foot and two (2) foot depth of fill requirements by up to four (4) feet. STAFF RECOMMENDATION: Staff recommends approval of the amendment to the conditional exception (variance) based upon the applicant's precise grading plan, the attempt to match existing and proposed street grades and the necessity of the tract to conform to the master drainage plan of the Ellis-Goldenwest quartersection. THE PUBLIC HEARING WAS OPENED. Bill Holman, representing applicant, stated that he agreed with staff's report and was there to answer any questions. Gerald Chapman, 6742 Shire Circle, stated his concern regarding the size of the piping that would be carrying the water. Carrie Thomas, 6642 Trotter Drive, stated she had the same concern as the previous speaker (Gerald Chapman). THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35(R) WITH MODIFIED FINDINGS AND ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 7/7/92 -9- (4329d) FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35(R): 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, and premises involved that do not apply generally to other property or uses in the district. These circumstances are the natural topography, the lowering of street elevations, the existing developed quartersection which prohibits the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. 2. The granting of Conditional Exception (Variance) No. 90-35(R) for exceeding two (2) foot cut and fill limitation up to four feet four inches (4.31) on 24 lots of Tentative Tract Map No. 14009, will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. The natural topography, the lowering of street elevations and the applicant's attempt to conform to the existing developed and undeveloped areas of the quartersection prohibits the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. 3. Conditional Exception (Variance) No. 90-35(R) for exceeding two (2) foot cut and fill limitations up to four feet four inches (4.31) on 24 lots of Tentative Tract Map No. 14009, is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Estate Residential. The natural topography and the lowering of street elevation and the applicant's attempt to conform to the existing developed and undeveloped areas of the quartersection prohibits the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. B-5 SPECIAL SIGN PERMIT NO. 92-6: APPLICANT: Robert W. Clayton LOCATION: 19474-19490 Beach Boulevard (Northeast corner at Yorktown Avenue) Special Sign Permit No. 92-6 is a request to retain an existing 20 foot high, 77 square foot freestanding pole sign with seven tenant panels pursuant to Section 9610.7 of the Huntington Beach Ordinance Code. The largest sign permitted by code is seven (7) feet high, fifty (50') square feet in area with two panels. The center identification sign is intended to give businesses exposure from Beach Boulevard. PC Minutes - 7/7/92 -10- (4329d) STAFF RECOMMENDATION: Staff does not support the applicant's request because of the sign's size, location and position on the site. A 20 foot high sign is out of scale with this relatively small neighborhood commercial center; a monument sign as permitted by code would be proportionate with the center and provide sufficient identification. Due to the fact that the sign is located approximately 130 feet east of the intersection of Beach Boulevard and Yorktown Avenue, the 20 foot high sign will not provide the amount of exposure expected. In addition, the sign face is situated so it is parallel with Yorktown Avenue; a better position would be perpendicular to Yorktown Avenue for maximum visibility to motorists traveling east and west on Yorktown Avenue. The Commission discussed the additional signage for each tenant and the angle of the sign. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE ALTERNATIVE "B" FOR SPECIAL SIGN PERMIT NO. 92-6, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff NOES: Newman, Leipzig ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 92-6: 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant. Due to the increased setback from Beach Boulevard, a 15 foot high sign directed at motorists traveling on Yorktown Avenue will provide additional exposure to businesses within the center. 2. The proposed fifteen (15) foot high pole sign will not adversely affect other signs in the area. 3. The proposed fifteen (15) foot high pole sign will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4. The proposed sign at 19490 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision as it will be perpendicular to Yorktown Avenue. PC Minutes - 7/7/92 -11- (4329d) CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 92-6: 1. The site plan and sign elevations received and dated April 29, 1992 shall be the approved layout with the following modifications: a. A ten (10) foot wide landscaped planter shall be provided between driveways along Yorktown Avenue. b. Maximum sign height shall not exceed fifteen (15) feet. c. The sign shall be rotated 900 so as to be perpendicular to Yorktown Avenue. 2. A copy of the revised plans (colors and materials depicted) shall be submitted to the Department of Community Development for review and approval. 3. The Planning Commission reserves the right to rescind this special sign permit approval 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-6 CODE AMENDMENT NO 92-1/ENVIRONMENTAL ASSESSMENT NO. 92-17: APPLICANT: City of Huntington Beach LOCATION: Commercial property adjacent to freeway Code Amendment No. 92-1 is a request by the City of Huntington Beach Economic Development Department to amend Article 961, Sign Code, to allow off -premise signs which are designed as multiple user readerboard signs. The provisions will allow placement of an 85 foot high, 1,200 square foot sign within 200 feet of a freeway in one (1) commercial area of the city. Specific locational, size and operational criteria are included. The advertising time will be allocated for public services (20%) and off -site businesses (80%). The code amendment will require a conditional use permit be approved for any proposed sign. In addition, Caltrans must approve and issue a separate permit for any proposed sign in compliance with the Outdoor Advertising Act. TAFF RECOMMENDATION: Staff is recommending denial of the request because the code amendment will create provisions that would allow signage that will be incompatible with existing signage in the community, inconsistent with other sign provisions of the code, detract and impact the visual beauty and scenic values of landscaping areas, and diminish PC Minutes - 7/7/92 -12- (4329d) the aesthetic value of the gateway to Huntington Beach. In addition, the request proposes a sign for a single interest group. This may spur other requests for similar type signs along the freeway to advertise, as an example, the downtown merchants, the waterfront resort area and the Huntington Beach Mall tenants. THE PUBLIC HEARING WAS OPENED. Rick Evans, Huntington Jeep/Eagle, stated the readerboard will give the impression of an auto mall and, therefore, Huntingtion Beach will be comparable with other cities. Rod Wilson, applicant, spoke in support of the sign and reiterated success stories of other readerboard signs of similar nature. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed whether or not 50 candles would be sufficient and comparable with other signs. It was decided that it would be sufficient, but a review could be scheduled to discuss further. The Commission expressed concern that the sign was not visible in time for motorists of the freeway to safely exit. A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE NEGATIVE DECLARATION NO. 92-17, BY THE FOLLOWING VOTE: AYES: Inglee, Newman, NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Bourguignon, Richardson, Shomaker, Dettloff, Leipzig A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE CODE AMENDMENT NO. 92-17, WITH FINDINGS AND MODIFICATIONS TO THE ORDINANCE, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: Dettloff ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT: 1. Code Amendment No. 92-1 will establish provisions to allow signage that will diversify the economic base of the City and increase the tax base. PC Minutes - 7/7/92 -13- (4329d) 2. Code Amendment No. 92-1 will establish the conditional use permit process as a means to evaluate a sign's compliance with the provisions of Article 961. 3. Code Amendment No. 90-1 will establish provisions to allow signage that will promote the development of services and facilities necessary to support tourist industry. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MARCH 17, 1992 A MOTION WAS MADE BY NEWMAN, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 17, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED APRIL 7, 1992: A MOTION WAS MADE BY NEWMAN, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 7, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED APRIL 21, 1992: A MOTION WAS MADE BY NEWMAN, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 21, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED PC Minutes - 7/7/92 -14- (4329d) D. NON-PUBLIC HEARING ITEMS D-1 ONE (1) YEAR EXTENSION OF TIME - CONDITIONAL USE PERMITS NO, 89-58 AND 89-59/COASTAL DEVELOPMENT PERMITS N0, 89-33 AND 89-34/TENTATIVE PARCEL MAPS NO. 89-228 AND 89-229: Applicant: John C. Killen, A.I.A. LOCATION: 1300 and 1390 Pacific Coast Highway The applicant is requesting a second one (1) year extension of time for the entitlements associated with a request to construct two (2), four (4) plex condominiums at 1300 and 1390 Pacific Coast Highway. The extension of time is requested due to delays in meeting the newest handicap guidelines through the plan check process. STAFF RECOMMENDATION: Staff recommends approval of the second one (1) year extension of time with the deletion of one (1) condition and the remaining findings and conditions of approval to be in effect. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE A SECOND ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMITS NOS. 89-58 AND 89-59, COASTAL DEVELOPMENT PERMITS NOS. 89-33 AND 89-34 AND TENTATIVE PARCEL MAPS NOS. 89-228 AND 89-229, WITH ALL PREVIOUS CONDITIONS OF APPROVAL IN EFFECT, AND THE DELETION OF ONE (1) CONDITION, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: Inglee, Dettloff MOTION PASSED DELETION OF THE FOLLOWING CONDITION: 15. The developer shall be responsible for payment of any additional fees adopted in the upcoming Water Division Master Plan. D-2 EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO, 89-62/TENTATIVE TRACT MAP NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39• APPLICANT: Seacliff Partners LOCATION: Southeast corner of the intersection of Palm Avenue and Seapoint Avenue PC Minutes - 7/7/92 -15- (4329d) Seacliff Partners has requested a two (2) year extension of time for Conditional Use Permit No. 89-62, Tentative Tract No. 14134 and Coastal Development Permit No. 89-39. These entitlements were approved by the Planning Commission for a 115 unit townhouse project on July 10, 1990 and are effective for two (2) years. Based on the reasons contained in the letter dated March 24, 1992, the developer is requesting an extension of time to complete the requirements for permits and start construction. Although the developer is requesting a two (2) year extension of time, the Huntington Beach Ordinance Code (Section 9941) only permits one (1) year extensions at a time, up to three (3) years total. Therefore, staff recommends that the Planning Commission approve a one (1) year extension of time for Conditional Use Permit No. 89-62, Tentative Tract Map No. 14134 and Coastal Development Permit No. 89-39. STAFF RECOMMENDATION: Staff recommends that the Planning extension of time to July 10, 1993 No. 89-62, Tentative Tract Map No. Permit No. 89-39 with all previous in effect. Commission approve a one (1) year for Conditional Use Permit 14134 and Coastal Development conditions of approval to remain A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME TO JULY 10, 1993, FOR CONDITIONAL USE PERMIT NO. 89-62, COASTAL DEVELOPMENT PERMIT NO. 89-39 AND TENTATIVE TRACT MAP NO. 14134 WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: Dettloff MOTION PASSED D-3 EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 90-1: APPLICANT: Elias Borcosh LOCATION: 17182-92 Ash Elias C. Borcosh, property owner, has requested a one (1) year extension of time for Conditional Use Permit No. 90-1 with special permits and Tentative Tract Map No. 14182. These entitlements were approved by the Planning Commission on July 17, 1990 and are effective for two (2) years. This approval permitted construction of seven (7) three (3) story townhomes with special permits for: 1) relief from one-third (1/3) of the units less than three (3) story; PC Minutes - 7/7/92 -16- (4329d) 2) reduction of access width; 3) reduction of front -to -front building separation; 4) parking spaces within 15 feet of the dwelling; 5) relief from the 15 foot setback from the vehicular accessway; 6) relief from the required 20 foot setback for 50% of the garages; 7) permitting the rear yards to be credited toward the required private open -space; and 8) a reduced minimum dimension for the main recreation area. Based on the reasons contained in the letter dated May 20, 1992, which revolves around the present economic situation, the applicant is requesting an extension of time to give himself the opportunity to obtain a construction loan. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a one (1) year extension of time to July 17, 1993 for Conditional Use Permit No. 90-1 with special permits and Tentative Tract Map No. 14182 with all previous conditions of approval to remain in effect. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME TO JULY 17, 1992 FOR CONDITIONAL USE PERMIT NO. 90-1 WITH SPECIAL PERMITS AND TENTATIVE TRACT MAP NO. 14182 WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: Dettloff MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Shomaker - requested staff to draft a recommendation to City Council stressing the Planning Commission's unanimous desire to control the gang activities in the city's parks. Commissioner Leipzig - requested staff to schedule a discussion on the Downtown Master Parking Plan for the Planning Commission Study Session on July 21st. Staff presented the Commission with a copy of the plan for their review and stated they would schedule a Study Session. PC Minutes - 7/7/92 540 (4329d) F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the July 6, 1992 City Council meeting. G. A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON JULY 21, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: A L Mike Adams, Secretary anning Commission Chairperson PC Minutes - 7/7/92 -18- (4329d)