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HomeMy WebLinkAbout1992-09-15APPROVED 12/1/92 ---------------- ---------------- 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 15, 1992 Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE - Civic Center California 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. John Stillman, 6372 Doral Drive, spoke in reference to Item B-1. Mr. Stillman stated he was in favor of the linear park but opposed to the proposed interpretative center. Jerry L. Esposito, 6141 Morningside Drive, spoke in reference to Item B-1. Mr. Esposito, spoke in opposition to the proposed interpretative center, and active play center, stating he wanted a passive park. Sandra Ward, County of Orange, spoke for Harriet Weider, who is in support of the linear park. She asked that the Commission keep the option open for an interpretative center. B. PUBLIC HEARING ITEMS B-1 BOLSA CHICA REGIONAL PARK GENERAL DEVELOPMENT PLAN AND ENVIRONMENTAL IMPACT REPORT NO. 521 (CONTINUED FROM THE SEPTEMBER 1, 1992 PLANNING COMMISSION MEETING): APPLICANT: Orange County Environmental Management Agency and the City of Huntington Beach. LOCATION: The proposed park boundary extends northerly from Pacific Coast Highway to approximately Talbert Avenue and is bordered on the west by the Bolsa Chica wetlands and on the east by residential uses and Seapoint Avenue as illustrated on Exhibit 1. The County of Orange Department of Harbors, Beaches and Parks, in a coordinated effort with the City of Huntington Beach and the Bolsa Chica Regional Park Citizens Advisory Committee, has prepared a General Development Plan (GDP) and Environmental Impact Report (EIR) for the Bolsa Chica Regional park. On September 1, 1992 the Planning Commission held a public hearing to receive public comments on the documents prior to making a recommendation to the City Council and Board of Supervisors. After receiving testimony on the proposed Bolsa Chica Regional Park General Development Plan and Environmental Impact Report and closing the public hearing, the Planning Commission acted to continue the project to the September 15, 1992 meeting. The Planning Commission continued action on the Bolsa Chica Regional Park to allow the public additional time to review the final Environmental Impact Report (EIR No. 521). STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend to the Orange County Board of Supervisors certification of Environmental Impact Report No. 521 (EIR No. 521), approval in concept of the Bolsa Chica Regional Park including the park boundary, the Bolsa Chica Regional Park General Development Plan and the Formal Interpretive Center Facility, and a recommendation on the deferral of Coastal Development Permit processing authority to the Coastal Commission. The proposed park boundary and development plan is consistent with the conceptual acreage and list of park uses previously approved by the Planning Commission and City Council. THE PUBLIC HEARING WAS RE -OPENED. Lorraine Faber, 15271 Nottingham Lane, spoke in support of the request. PC Minutes - 9/15/92 -2- (5073d) 1 Karen Jackle, 6702 Lawn Haven Drive,,spoke in support of the park and the interpretative center. She stated that the project will draw people to the community to spend money, and better benefit the City. Adrianne Morrison, 16662 Carousel Lane, spoke in support of the request including the interpretive center. Clarence Dreier, 6161 Morningside, spoke in opposition to the park because it would draw a bad element to the area at night. Jerry Esposito, 6141 Morningside Drive, (Commissioner Inglee asked that Mr. Exposito's testimony from oral comments be accepted in the public record for this item.) also stated his concern that the citizens were not included, officially, as part of the planning process. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Newman stated she was concerned and offended that her colleagues ignored her and excluded information from her. Commissioner Richardson stated his concern regarding the 1979 agreement. He was concerned about the possible necessity of Proposition C and also a conflict with the Koll Company's legal department. He stated he would like to have a legal opinion regarding his concerns before he could support the project. There was discussion regarding the interpretive center's final approval. It was thought that the project could be approved in concept allowing for specifics on the the interpretive center and other elements to come later. The Commission requested language that would assure this. The Commission discussed the following items for possible incorporation into their recommendation to council: 1. Three (3) separate trails for pedestrians, bicyclists and equestrians; 2. Parking along Seapoint; 3. The gully to be kept, but graded back to a 3:1 ratio (this item failed to be incorporated on a straw vote); 4. Bike land on Seapoint for faster cycling; and 5. Encourage County to expand bouNdaries of Park. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO RECOMMEND TO CITY COUNCIL AND TO THE COUNTY BOARD OF SUPERVISORS CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 521, BY THE FOLLOWING VOTE AYES: Inglee, Bourguignon, Shomaker, Dettloff, Newman, Leipzig NOES: Richardson ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 9/15/92 M15 (5073d) A MOTION WAS MADE BY DETTLOFF, SECOND BY LEIPZIG, TO RECOMMEND TO THE CITY COUNCIL APPROVAL IN CONCEPT OF THE BOLSA CHICA REGIONAL INCLUDING THE PARK BOUNDARY, GENERAL DEVELOPMENT PLAN AND THE FORMAL INTERPRETATIVE CENTER WITH THE PLANNING COMMISSIONS RECOMMENDATIONS, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, NOES: Richardson ABSENT: None ABSTAIN: None MOTION PASSED Shomaker, Dettloff, Newman, Leipzig A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO RECOMMEND TO THE CITY COUNCIL DEFERRAL OF COASTAL DEVELOPMENT PERMIT PROCESSING AUTHORITY TO THE COASTAL COMMISSION, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED The -'recommendation was sent to the City Council for approval in concept of:.the Bolsa Chica Regional Park subject to the following stipulations: Prior to any construction of the park, the County shall submit to the City of Huntington Beach Planning Commission for review and approval a detailed design plan showing proposed landscape materials (native and non-native), layout of picnic facilities and parking lots, and the footprint, height, bulk, size and operating program for any interpretive center. The interpretive center facility should be limited to park related uses. Ancillary uses, such as proposed office uses, should not be included. Bicycle, pedestrian and equestrian trail systems should be designed to provide three separate trails. Joint bicycle/pedestrian trail systems should be avoided. Efforts to expand the park boundary should be continued. 1 PC Minutes - 9/15/92 -4- (5073d) • On street parking on-Seapoint Street should not be removed until necessary. • Bike lanes should be provided on both sides of Seapoint Street, if possible, to provide an alternative bicycle route for higher speed bicycle traffic. B-2 ZONE CHANGE NO, 91-8/CODE AMENDMENT NO, 91-13/MITIGATED NEGATIVE DECLARATION N0, 91-43: APPLICANT: NESI Development Group/City of Huntington Beach LOCATION: 21641 Magnolia Avenue (southwest corner of Magnolia Avenue and Hamilton Street) former Ascon Landfill Site. Zone Change No. 91-8, Code Amendment 91-13 and Mitigated Negative Declaration No. 91-43 are the entitlements which are proposed to implement the Magnolia Pacific Specific Plan. The Specific Plan will establish the zoning designation and includes development standards for the 39.4 acre Ascon Landfill site at the southwest corner of Magnolia Avenue and Hamilton Street. The Specific Plan will allow for the potential development of up to 591 dwelling units, requires an affordable housing plan and requires the mitigation measures of Negative Declaration No. 91-43 and Environmental Impact Report No. 87-5. STAFF RECOMMENDATION: Staff recommends approval of Zone Change No. 91-8, Code Amendment No. 91-13 and Mitigated Negative Declaration No. 91-43 because the entitlements will implement the Magnolia Pacific Specific Plan which will provide a compatible master planned community, provide affordable housing and is in conformance with the General Plan Land Use Designation of Medium Density Residential. THE PUBLIC HEARING WAS OPENED. Thomas Mungari, NESI representative, 204A Springfield, spoke in support of the request, reiterating staff presentation on the request and the Development Agreement. He stated his concern regarding the school districts request for fees that are not yet in place. Pete Minko, 21361 Breton Lane, spoke in opposition to the four (4) stories. He is concerned with the density being too high, not equal to the surrounding area, and the entrance onto Hamilton. Jerry Buchanan, Huntington Beach City School District, stated the districts fee requests and language to mitigate would be consistent with the Holly-Seacliff contract. PC Minutes - 9/15/92 -5- (5073d) Meg Watson, 21691 Kaneohe Lane, spoke in opposition to the request. She stated her concern with high density and her preference for this area to be limited use. Roy Carlson, 21681 Kaneohe Lane, spoke in opposition to the request because of high density and parking by the beach going public. Beverly Titus, 9062 Bobbie Circle, member of the ad -hoc committee, stated her concern regarding the possibility of apartments and rentals. She also stated that the ad -hoc committee had no input on the Development Agreement. She stated she would like to see the 20% affordable housing requirement eliminated. Kent Loy, 9191 Kapaa Drive, stated his objection because of high density and 20% affordable housing. Anne Hinkev, 21671 Bahama Lane, spoke in opposition to the request, fearing they will become rental units. Richard Loy, 9062 Kahului Drive, spoke in opposing because of high density, height and affordable housing. Richard Harlow, 211-B Main Street, spoke in support of the project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff why apartments were such a concern with the speakers. Staff stated that because of the zoning apartments would be allowed. The Commission also discussed the need for the 20% affordable housing, and whether it could be modified to moderate housing and/or 10% affordable. A MOTION WAS MADE BY NEWMAN, SECOND BY INGLEE TO APPROVE MITIGATED NEGATIVE DECLARATION NO. 91-43, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Dettloff, Newman, Leipzig NOES: None ABSENT: Shomaker (out of room) ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY NEWMAN, SECOND BY LEIPZIG, TO APPROVE CODE AMENDMENT NO. 91-13 WITH MODIFIED FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 9/15/92 -6- (5073d) 1 1 A MOTION WAS MADE BY NEWMAN, SECOND BY DETTLOFF, TO APPROVE ZONE CHANGE NO. 91-8 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO 91-8/CODE AMENDMENT N0, 91-13: 1. The proposed zone change and code amendment to establish the Magnolia Pacific Specific Plan is consistent with General Plan Amendment No. 87-4 and the City's General Plan by incorporating the goals and policies regarding land use, circulation, recreation and housing. 2. Zone Change No. 91-8 and Code Amendment No. 91-13 are consistent with the goals and policies contained in the Housing Element and the City's affordable housing program by providing housing opportunities including affordable housing. 3. Zone Change No. 91-8 and Code Amendment No. 91-13 are consistent with the City's Coastal Element and the California Coastal Act by implementing coastal policies providing affordable housing and requiring coastal development permits in the Coastal Zone. AMENDMENT - ZONE CHANGE NO 91-8/CODE AMENDMENT NO 91-3: 1. Strike the word apartment under Multi -Family Residential uses. 2. Provide a ten (10) foot upper story setback from the second story facade to the third story facade for each Multi -Family Residential building which fronts Hamilton Avenue. 3. Provide ten percent (10%) affordable housing units at 80-120% moderate income levels in lieu of 20% at 50-120% low and moderate. PC Minutes - 9/15/92 -7- (5073d) B-3 DEVELOPMENT AGREEMENT N0, 91-2: APPLICANT: NESI Development Group/City of Huntington Beach LOCATION: 21641 Magnolia Avenue (southwest corner of Magnolia Avenue and Hamilton Street) former Ascon Landfill Site. NESI Development Agreement No. 91-2 is a 15 year agreement between the NESI Development Group and the City of Huntington Beach. The Development Agreement applies to the 39.4 gross acres of land known as the Ascon Landfill located at the southwest corner of Magnolia Street and Hamilton Avenue. The basic deal point of the Development Agreement is to provide the developer assurance that he may develop up to a maximum of 591 dwelling units through the implementation of the Magnolia Pacific Specific Plan. In exchange for that assurance, the City of Huntington Beach will require that the hazardous landfill site be cleaned to the requirements and standards of the State of California Department of Toxic Substance Control. STAFF RECOMMENDATION: Planning Staff acknowledges that the basis for this agreement is to clean a toxic/hazardous landfill site in exchange for the potential development of the property. Staff recommends that the Planning Commission adopt Resolution No. 1472 recommending to the City Council approval of NESI Development Agreement No. 91-2 A MOTION WAS MADE BY NEWMAN, SECOND BY DETTLOFF, TO ADOPT PLANNING COMMISSION RESOLUTION NO. 1472 APPROVE NESI DEVELOPMENT AGREEMENT NO. 91-2 AS BEING IN CONFORMANCE WITH THE GENERAL PLAN BASED UPON FINDINGS AND RECOMMEND ITS ADOPTION TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - NESI DEVELOPMENT AGREEMENT NO. 91-2: 1. The NESI Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan. The Development Agreement recognizes that a future specific plan will implement the General Plan land use designation of Medium Density Residential. PC Minutes - 9/15/92 -8- (5073d) 1 2. The NESI Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 3. The NESI Development Agreement is in conformity with public convenience, general welfare and good land use practice, because the site will be cleaned -up, affordable housing will be provided and infrastructure improvements will be expedited. 4. The NESI Development Agreement will not be detrimental to the health, safety and general welfare, because it is consistent with General Plan Amendment No. 87-4 and incorporates the mitigation measures from Environmental Impact Report No. 87-5 and Negative Declaration No. 91-43. 5. The NESI Development Agreement will not adversely affect the orderly development of property values because site clean-up, development and infrastructure improvement will occur on a schedule outlined in the Agreement. AMENDMENT - DEVELOPMENT AGREEMENT NO 91-2: 1. Provide ten percent (10%) affordable housing units at 80-120% moderate income levels in lieu of 20% at 50-120% low and moderate. B-4 CONDITIONAL USE PERMIT NO, 92-28: APPLICANT: Michael Obering LOCATION: 201 Main Street, Suite D (Midnite Expresso) Midnite Expresso, a coffee house located in the newly constructed building at the northwest corner of Main Street and Walnut Avenue, is requesting conditional use permit approval for live entertainment and alcohol sales. Live entertainment will consist of jazz, guitar, and folk bands and alcohol sales will be a compliment to the coffee house. The subject site meets the locational requirements to buffer music from any adjacent residential properties and no dancing is proposed as part of this request. STAFF RECOMMENDATION: Planning staff recommends approval of Conditional Use Permit No. 92-28 subject to the applicant's submittal of a noise study to identify any noise mitigation measures and to attenuate noise impacts associated with the live music. PC Minutes - 9/15/92 -9- (5073d) THE PUBLIC HEARING WAS OPENED. Michael Obering, 201 Main Street, applicant, spoke in support of the request. He stated they would only use alcohol as a complimentary use, not an ancillary use. He stated that they do not wish to make it a bar. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Some of the Commissioner's expressed their concern that there is enough alcohol uses in the downtown area, and are against adding more. A MOTION WAS MADE BY DETTLOFF, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 92-28 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT N0, 92-28: 1. The proposed live entertainment and alcohol sales at Midnite Expresso are in conformance with the City of Huntington Beach General Land Use designation of Mixed Use-Commercial/Office/ Residential which permits live entertainment and alcohol sales in conjunction with a standard commercial use. 2. The location, site layout, and design of the proposed live entertainment and alcohol sales properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The project is located in a primarily commercial area and the proposed live entertainment and alcohol sales will not adversely impact other surrounding properties. 3. The combination and relationship of one proposed use to another on a site are properly integrated. The other business in the same building and in the vicinity are general retail commercial and restaurant uses which are compatible with the proposed live entertainment and alcohol sales at Midnite Expresso. A noise study will be submitted by the applicant to identify any noise mitigation measures to attenuate noise impacts associated with the live music. PC Minutes - 9/15/92 -10- (5073d) 4. The access to and parking for the proposed live entertainment and alcohol sales does not create an undue traffic problem. No dancing is proposed as part of this use and the Huntington Beach Ordinance Code does not require additional parking for live entertainment and alcohol sales. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 92-28: 1. The site plan, floor plans, and elevations received and dated September 8, 1992 shall be the conceptually approved layout. 2. An analysis and report prepared by a California State licensed acoustical engineer shall be filed with the Department of Community Development prior to the first live entertainment event or issuance of an entertainment permit. This report shall include recommended noise mitigation measures for the live entertainment use to ensure that noise levels will conform with Chapter 8.40 of the Huntington Beach Municipal Code. The noise study shall assure noise levels will not exceed reasonable nuisance standards for adjacent businesses and properties and all recommended mitigation measures shall be in place prior to the onset of live entertainment performances. 3. The use shall conform to the following: a. All exterior doors and windows shall remain closed during all hours of live entertainment. b. The hours of operation shall be limited to between the following hours: Coffee/Cafe Service Sunday - Thursday Friday - Saturday Live Entertainment Sunday - Thursday Friday - Saturday Hours 6:30 AM - 2:00 AM 6:30 AM - 3:00 AM 8:00 PM - 12:00 AM 8:00 PM - 1:30 AM c. There shall be no dumping of trash and/or glass bottles outside the building after 10:00 PM. d. The restroom shall be available for patron's use during business hours. e. The number of live entertainment performers shall be limited a maximum of four (4) players at any given time. f. The primary use shall be a coffee house. PC Minutes - 9/15/92 -11- (5073d) 4. The applicant shall obtain approval of an entertainment permit from the Police Department prior to commencement of the first live entertainment performance. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-28 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. Conditional Use Permit No. 92-28 shall not become effective for any purpose until and 'Acceptance of Conditions" form has been signed and notarized by the applicant, and returned to the Planning Division; and until the ten day appeal period has elapsed. 7. Conditional Use Permit No. 92-28 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. CODE REQUIREMENTS: 1. Conditional Use Permit No. 92-28 for live entertainment is not transferable. B-5 CONDITIONAL USE PERMIT NO. 92-26: APPLICANT: Graham Gilliam LOCATION: 7979 Center Avenue (Denim and Diamonds) This application is a request for outdoor dining and to expand the dance floor areas of the Denim and Diamonds Restaurant (formerly Bentley's). The application is a result of code enforcement activity, and the aforementioned restaurant improvements are already installed. The outdoor dining area is 1,246 square feet in area, and the dance floor areas are being expanded from 658 square feet to 1,200 square feet. Parking is adequate at the One Pacific Plaza Center to support the improvements, and no impacts are anticipated on -site or to surrounding properties. STAFF RECOMMENDATION: Staff is recommending approval of the proposed application. PC Minutes - 9/15/92 -12- (5073d) 1 A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-26 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Leipzig NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED Richardson, Shomaker, Dettloff, Newman, FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 92-26: 1. The granting of Conditional Use Permit No. 92-26 for outdoor dining and an expanded dance floor will not be materially detrimental to the public health, safety and welfare, or injurious to the land, property, or improvements in the neighborhood. 2. The establishment, maintenance and operation of Conditional Use Permit No. 92-26 for outdoor dining and an expanded dance floor will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 3. The granting of Conditional Use Permit No. 92-26 for outdoor dining and an expanded dance floor will not adversely affect the General Plan of the City of Huntington Beach. 4. The access to and parking for Conditional Use Permit No. 92-26 for outdoor dining and an expanded dance floor does not create an undue traffic problem. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 92-26: 1. The site plan, floor plans, and elevations received and dated June 5, 1992 shall be the conceptually approved layout with the following modifications: a. The exterior dining perimeter wall consisting of stucco and glass shall be at least six foot (6') high. 2. The following shall be completed within 60 days from approval of this conditional use permit: a. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim prior to submittal for building permits. PC Minutes - 9/15/92 -13- (5073d) b. 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 prior to issuance of building permits. c. A building permit shall be obtained within 60 days from date of conditional use permit approval for all work constructed without permits. The building permit shall be finaled within 120 days from date of conditional use permit. 3. Any constructed canopy over the outdoor dining area shall require the following Fire Department requirements: a. An automatic fire sprinkler system shall be approved by the Fire Department prior to installation. b. All exits and aisleways to comply with the Huntington Beach Uniform Code and California Code of regulations requirements. c. Fire extinguishers must be installed in locations approved by the Fire Department. 4. The proposed dancing/live entertainment shall comply with Chapter 8.40 "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment, the Planning Commission reserves the right to require the applicant to mitigate the noise level. 5. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-26 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 7. 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 and returned to the Planning Division; and until the ten day appeal period has elapsed. C n PC Minutes - 9/15/92 -14- (5073d) 8. Conditional Use Permit No. 92-26 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. B-6 HOUSING ELEMENT AMENDMENT N0, 92-1: APPLICANT: City of Huntington Beach LOCATION: City-wide Housing Element Amendment No. 92-1 is a recommendation for the adoption of the "Preservation of Assisted Housing: Analysis and Programs" report. This report amends the Housing Element, and will be integrated within the Housing Element. STAFF RECOMMENDATION: Planning staff recommends approval of the amendment. The major focus of the report is on the preservation of existing residential units, and does not consist of any new development, nor does it propose any new policies that will result in impacts to any environmental areas. 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 NEWMAN, TO APPROVE NEGATIVE DECLARATION NO. 92-25, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 9/15/92 -15- (5073d) A MOTION WAS MADE BY RICHARDSON, SECOND BY SHOMAKER, TO APPROVE HOUSING ELEMENT AMENDMENT NO. 92-1 WITH FINDINGS BY ADOPTING RESOLUTION NO. 1475 AND FORWARD TO CITY COUNCIL WITH A RECOMMENDATION FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - HOUSING ELEMENT AMENDMENT NO. 92-1: 1. Section 65583 of the California Government Code requires that the City's Housing Element be amended to include an analysis of housing units at risk of conversion from low income to market rate and that programs be proposed to preserve or replace those units. 2. Housing Element Amendment No. 92-1 has been prepared in order to address at risk housing units and propose programs to preserve or replace those units. 3. Housing Element Amendment No. 92-1 has been prepared in accordance with State Housing Element and General Plan Amendment Guidelines. 4. Housing Element Amendment No. 92-1 is necessary to bring the Housing Element into compliance with Government Code Section 65583. C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS D-1 LIMITED SIGN PERMIT NO. 92-1: APPLICANT: RAV, Inc LOCATION: 712 Yorktown Avenue Limited Sign Permit No. 92-1 is a request to allow an existing 16 foot, two (2) inch high pole sign to remain at 712 Yorktown Avenue, just west of Beach Boulevard and on the south side of Yorktown Avenue. The property is presently zoned R2 (Medium Density Residential) but has been operating as an industrial auto repair PC Minutes - 9/15/92 -16- (5073d) center prior to the zone change from the previous industrial designation. Thus, the existing use is legal, non -conforming. The property owner was cited by the Code Enforcement staff in April of this year for installing the non -conforming sign without building permits. STAFF RECOMMENDATION: Planning staff recommends approval of Limited Sign Permit No. 92-1 for a maximum period of two (2) years. The approval period should be retroactive to April 15, 1992, the date the applicant was cited by Code Enforcement. The applicant shall be required to obtain building permits, and required to post a bond to guarantee removal of the sign by April 15, 1994. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE LIMITED SIGN PERMIT NO. 92-1 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - LIMITED SIGN PERMIT NO, 92-1: 1. The 16 foot, two (2) inch high freestanding sign will not adversely affect other signs in the area. The sign is adequately setback from side properties and is not in close proximity to signs on adjacent properties. 2. The 16 foot, two (2) inch high freestanding sign will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 3. The 16 foot, two (2) inch high freestanding sign face change at 712 Yorktown Avenue will not obstruct pedestrian or vehicular traffic vision. The sign is elevated and does not encroach into site visibility requirements. 4. Due to the unique circumstances applicable to the sign, immediate alteration, removal or replacement of the sign will result in an economic hardship. CONDITIONS OF APPROVAL - LIMITED SIGN PERMIT NO, 92-1: 1. The site plan and sign elevations received and dated May 27, 1992 shall be the approved layout. 2. The following shall be completed within 30 days from approval of the limited sign permit: PC Minutes - 9/15/92 -17- (5073d) a. The applicant shall file a cash bond with the City in the amount of $2,000 for the purpose of idemnifying the City for any and all costs incurred in the removal of the freestanding pylon sign. If the sign is not made to conform with the applicable provisions of the sign ordinance after the two (2) year period or at the time of street improvements and/or street dedications, the City of Huntington Beach or its agents or employees may enter on the property where said sign is located and remove said sign, and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. b. The property owner shall obtain a building permit for the existing 16 foot, two (2) inch high pole sign within 30 days of final approval of Limited Sign Permit No. 92-1 and shall have the building permit finaled within 90 days. c. The property owner shall sign and notarize a written document guaranteeing removal of the existing 16 foot, two (2) inch high pole sign if the City requires street widening or street improvements prior to expiration of Limited Sign Permit No. 92-1. The sign shall be removed at the owner's expense. 3. Limited Sign Permit No. 92-1 shall be valid for up to two (2) years retroactive to April 15, 1992 (expiration date April 15, 1994), or upon street improvements and/or street dedication requirements, whichever comes first. 4. The Planning Commission reserves the right to revoke this limited sign permit should any violation of these conditions of approval or the Huntington Beach Ordinance Code occur. D-2 PLANNED SIGN PROGRAM NO. 92-1: APPLICANT: Richard Russell, System Autowash LOCATION: 17042 Beach Boulevard Planned Sign Program No. 92-7 is a request for a comprehensive sign program for the existing car wash and car rental businesses on the southeast corner of Beach Boulevard and Warner Avenue. The request includes two (2) freestanding monument signs (1 for each business), three (3) wall signs, and seven (7) directional signs. STAFF RECOMMENDATION: The Design Review Board is recommending approval of the sign program with modifications. The applicant has incorporated Design Review Board's concerns in the submittal. Staff is recommending approval of Planned Sign Program No. 92-7 with the elimination of one (1) wall sign on the car rental building. PC Minutes - 9/15/92 -18- (5073d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE PLANNED SIGN PROGRAM NO. 92-7 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: None ABSTAIN: Newman MOTION PASSED FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 92-7: 1. Planned Sign Program No. 92-7 will provide signs that reflect a common theme for the site by incorporating similar design elements in terms of materials, colors, illumination and sign type. 2. Planned Sign Program No. 92-7 will provide for signs that will be compatible with the architectural style and color of the buildings. 3. The proposed signs will be compatible with other signs in the immediate vicinity. 4. The proposed signs are substantially in compliance with Article 961, Signs of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO. 92-7: 1. The location and size of the signs shown on the site plan and elevations dated August 25, 1992 shall be the approved layout. 2. No sign shall be installed, erected, altered or reconstructed without prior City approval and issuance of appropriate building permits. 3. All internally illuminated signs shall comply with the Huntington Beach Electrical Sign Criteria. 4. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. 5. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, or in the parking lot and landscaped areas other than as permitted herein, excepted with the City and property owner's approval. 6. The following criteria shall make up the General Provisions of the Planned Sign Program No. 92-7: a. No audible, flashing or animated signs shall be permitted. b. No projections above or below the sign panel shall be permitted. PC Minutes - 9/15/92 -19- (5073d) c. Logo and name channel cabinets are permitted on sign panels only if it is part of an established trademark or tenant name. d. No exposed raceway, crossovers, conduits, conductors, transformers, or any similar device, shall be permitted. e. Wording of signs shall not include the product sold except as part of tenant's established trade name or insignia. f. The width of tenant's fascia sign shall not exceed 70% of the width of the leasehold width. This sign shall center on tenant's store front unless prior approval is obtained from the City. g. Sign area is based on 1.5 square foot of sign area for every one (1) foot of store frontage with a maximum of 200 square feet. h. No labels will be permitted on the exposed surface of signs, except those that may be required by local ordinance which shall be placed in an inconspicuous location. i. Tenants shall be permitted to place upon the entrance of its premises not more than 144 square inches of decal application lettering not to exceed two (2) inches in height, indicating hours of business and emergency telephone numbers. j. Except as provided herein, no advertising place cards, banners, pennants, names, insignias, trademarks, or other descriptive material, shall be affixed or maintained upon the glass panes and supports of the show windows and doors, or upon the exterior walls of buildings. k. Each tenant which has a non -customer door for receiving merchandise may have uniformly applied on said door in four (4) inch high block letters, the tenant's name and address. Where more than one (1) tenant uses the same door, each name and address shall be applied. 1. Tenants may install on the store front, if required by the U.S. Post Office, the numbers for the street address. m. It shall be unlawful for any person to exhibit, post or display, cause to the exhibited, posted or displayed upon any sign, anything of an obscene, indecent, or immoral nature or unlawful activity. n. No window signs will be permitted in excess of 20% of the total window area except as noted herein. No sign shall be installed, relocated, or maintained so as to prevent free ingress to or egress from any door. No sign of any kind shall be attached to a stand pipe except those signs as required by code or ordinance. PC Minutes - 9/15/92 -20- (5073d) 1 o. Signs on or affixed to trucks, automobiles, trailers or other vehicles which advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries of sales or merchandise or rendering of services from such vehicles, is prohibited. p. Flags, banners, or pennants, or a combination of same, shall not be permitted without the approval of landlord and the City of Huntington Beach. 7. Any proposed sign that does not comply with the standards of Planned Sign Program No. 92-7 shall be subject to review by the Design Review Board and approval of a special sign permit by the Planning Commission. 8. This planned sign permit shall not become effective for any purpose until a "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. 9. The Planning Commission reserves the right to revoke Planned Sign Program No. 92-7 if any violation of these conditions or the Huntington Beach Ordinance code occurs. D-3 NEGATIVE DECLARATION N0, 92-1: APPLICANT: Huntington Beach School District LOCATION: Garfield Avenue/Saddleback The Huntington Beach City School District is proposing construction of an approximately 24 classroom, 600 student (28 classroom, 800 student maximum) elementary school on 8.3 acres located northwest of the intersection of Garfield Avenue and Saddleback Lane in the Holly-Seacliff area of the City of Huntington Beach. The Draft Mitigated Negative Declaration was prepared by CSA, a consultant for the school district. STAFF RECOMMENDATION: Staff recommends review and discussion of Draft Mitigated Negative Declaration No. 92-1 and direction to staff for transmittal of comments to the school district. PC Minutes - 9/15/92 -21- (5073d) A MOTION WAS MADE BY LEIPZIG, SECOND BY INGLEE TO HAVE STAFF DRAFT A FORMAL RESPONSE TO THE SCHOOL DISTRICT ON THE BEHALF OF THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Shomaker - stated that the sidewalk trash cans in some parts of downtown were overflowing. She asked staff who's responsibility it was to empty the cans. Staff stated that the City has an agreement with Rainbow Disposal. Staff asked if Commissioner Shomaker would give them the address of the site and they would investigate. Commissioner Leipzig - commented on the rubber protectors installed at train crossings. Commissioner Leipzig felt that the protectors should be installed at other train crossings, which felt were just as dangerous. Staff said they would investigate and report back. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, asked the Commission if they would be able to meet for a special meeting of the Planning Commission September 22, 1992. Commission stated they could attend, but asked staff if they could have at least two (2) weeks notice prior to future special meeting. He also stated there would be a joint study session with Council October 5, 1992 regarding General Plan Update. Mike Adams, Director Community Development, reiterated action taken at the September 8, 1992 City Council meeting. PC Minutes - 9/15/92 -22- (5073d) C 1 G . ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY DETTLOFF, AT 11:00 PM TO ADJOURN TO A SPECIAL MEETING ON SEPTEMBER 22, 1992, AT 5:30 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: vu V%i Mike Adams, Secretary P nning Commission Chairperson PC Minutes - 9/15/92 -23- (5073d)