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HomeMy WebLinkAbout1992-10-06APPROVED 12/15/92 ----------------- ----------------- 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 6, 1992 Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5.30 PM CODE ENFORCEMENT SLIDE PRESENTATION REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE - Civic Center California P (8:30) P P P P ROLL CALL: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, A (Excused) 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. Mike Ferguson, spoke to the Commission regarding a six (6) foot high fence he constructed in the front setback of his property on Delaware Avenue (an arterial) but did not wish to go through the application process or pay the fee for the variance. He asked the Commission if their was another solution. The Commission advised Mr. Ferguson that he would have to go through the process and there was no fee waiver procedure. B. PUBLIC HEARING ITEMS B-1 DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING MASTER PLAN (CONTINUED FROM THE SEPTEMBER 22, 1992 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: Downtown Huntington Beach The Downtown Specific Plan Code Amendment/"Village Concept" and Downtown Master Parking Master Plan was continued from the September 22, 1992 Planning Commission meeting to allow property owners additional time to review the document revisions. The report is divided into four (4) sections which comprise the Downtown Master Plan. Section I describes the intent and purpose of the "Village Concept" and what the City should expect to achieve. Section II, of the report provides the Commission with an annotated list of the proposed changes to the Downtown Specific Plan. Section III is the legislative strike out version of the Downtown Specific Plan. Section IV is the supporting analysis to implement the Downtown Parking Master Plan. Your attention should also be given to the new provisions included in the Downtown Specific Plan general provisions section that provide incentives for affordable housing projects. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue action on the Downtown Specific Plan Code Amendment/ "Village Concept" and Downtown Master Parking Master Plan until November 17, 1992 to allow for additional community review and discussion. A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO CONTINUE THE DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING MASTER PLAN UNTIL NOVEMBER 17, 1992, TO ALLOW FOR ADDITIONAL COMMUNITY REVIEW AND DISCUSSION, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED PC Minutes - 10/6/92 -2- (5298d) B-2 CODE AMENDMENT NO 92-2/NEGATIVE DECLARATION NO. 92-18 (CONTINUED FROM THE AUGUST 18, 1992 PLANNING COMMISSION): APPLICANT: City of Huntington Beach/Alpha Group LOCATION: City-wide Code Amendment No. 92-2 will allow for the new construction or establishment of transitional housing within the commercial and industrial zoning districts subject to the approval of a conditional use permit by the Planning Commission. A continuance is being requested by the applicant to further analyze the proposed request. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Code Amendment No. 92-2 and Negative Declaration No. 92-18 to a date uncertain. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO CONTINUE CODE AMENDMENT NO. 92-2 AND NEGATIVE DECLARATION NO. 92-18 TO A DATE UNCERTAIN AT THE REQUEST OF THE APPLICANT TO FURTHER ANALYZE THE PROPOSED REQUEST, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO 92-38A B AND C/COASTAL DEVELOPMENT PERMIT NO 92-25 (CONTINUED FROM THE SEPTEMBER 1, 1992 PLANNING COMMISSION MEETING): APPLICANT: Coultrup Development Company LOCATIONS: A) 117 Main Street B) 416 Pacific Coast Highway C) 418/420 Pacific Coast Highway The proposal is three -fold as follows: A) To expand Perq's night club/restaurant to a total of 5,227 square feet with two building levels and continue as a full liquor service establishment with dancing and live entertainment located at 117 Main Street; B) To expand E1 Don's, an existing liquor store at 416 Pacific Coast Highway, to a total of 5,000 square feet; and PC Minutes - 10/6/92 -3- (5298d) C) To allow a 2,200 square foot restaurant with on -site beer and wine sales on the ground floor of 418/420 Pacific Coast Highway (transferred from 508 Pacific Coast Highway). STAFF RECOMMENDATION: Because the two -block, mixed -use development has not yet been approved, and the existing conceptual site plan may be subject to design changes, it is difficult to make an accurate analysis, address potential impacts and suggest conditions for approval of the proposed uses. Therefore, staff is recommending that this request be continued to November 4, 1992. A MOTION WAS MADE BY LEIPZIG, SECOND BY DETTLOFF, TO CONTINUE CONDITIONAL USE PERMIT NO. 92-35A, B AND C AND COASTAL DEVELOPMENT PERMIT NO. 92-25 TO THE NOVEMBER 4, 1992 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED B-4 USE PERMIT NO, 92-43 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION (VARIANCE) N0. 92-33 - (Referred to Planning Commission by Zoning Administrator): APPLICANT: Windrose Development Company LOCATION: 17827 and 17837 Beach Boulevard (southwest corner of Beach Boulevard and Ronald Road) Use Permit No. 92-43 is a request to demolish two (2) existing commercial buildings and construct a 4,800 square foot building for use by Big O Tires and a second auto service tenant. A special permit is required to allow five (5) parking spaces to be compact. Pursuant to Section 9220.1(c) of the Huntington Beach Ordinance Code, these uses are permitted in the C4 zone subject to approval of a use permit by the Zoning Administrator. On August 12, 1992, the Zoning Administrator referred this item to the Planning Commission. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Use Permit No. 92-43 with special permit, with findings and suggested conditions of approval. PC Minutes - 10/6/92 -4- (5298d) 1 n U THE PUBLIC HEARING WAS OPENED. Fred MacMurdo, 7491 Talbert Avenue #200, representing applicant, stated that the architecture would enhance Beach Boulevard and improve current vehicular circulation. Chris Phillips, 19411 Beach Boulevard, operator of proposed business, spoke in support of the request. He stated he runs a clean, neighborhood business. Darryl Carter and Steve Mangione, 7912 Ronald Road, #A, adjacent neighbors, spoke in opposition to the request. The concerns included excessive noise created by impact guns, excessive traffic, safety of children, insufficient parking, compatibility and decline of property values. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission expressed their concern regarding the noise impacts. It was suggested that the request be continued to November, in order to allow a licensed acoustical engineer to perform a noise study. The applicant agreed to this. A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO CONTINUE USE PERMIT NO. 92-43 WITH SPECIAL PERMITS TO THE NOVEMBER 4, 1992 PLANNING COMMISSION MEETING, TO ALLOW A LICENSED ACOUSTICAL ENGINEER TO PERFORM A NOISE STUDY AT THE PROPOSED SITE, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED B-5 CONDITIONAL USE PERMIT NO 92-24/COASTAL DEVELOPMENT PERMIT N0, 92-24: APPLICANT: Roger Mangum LOCATION: 200 Main Street, Suite 201 Hurricane's Bar and Grill, a restaurant located at the northeast corner of Main Street and Walnut Avenue, is requesting conditional use permit approval for live entertainment and dancing. Live entertainment will consist of live musical band performances and a dance floor is proposed for the patron's use. The subject site meets the locational requirements to buffer music noise from any adjacent residential properties and five (5) additional parking spaces will be provided through payment of in -lieu fees. PC Minutes - 10/6/92 -5- (5298d) STAFF RECOMMENDATION: Planning staff recommends approval of Conditional Use Permit No. 92-24 and Coastal Development Permit No. 92-24 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Roger Mangum, 710 - 12th Street, applicant stated his concern with Condition No. lb., which is to have the glass wall around the balcony area extended to six (6) foot. Mr. Mangum stated that there has not been any spillage over the wall, or any complaints of such by the -businesses below. Gaston Villalba, 2018 Centella Place, spoke in support of the request. He stated that they always station three (3) security guards in the outside patio area, and feels there will be no problem with spillage over the side. The Commission asked the applicant if he would be opposed to having a requirement that three (3) security guards be stationed on the patio area. The applicant stated he did not mind. 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 LEIPZIG, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 92-24 AND CONDITIONAL USE PERMIT NO. 92-24 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 92-24: 1. The proposed live entertainment and dancing proposed by Coastal Development Permit No. 92-24 conforms with the plans, policies, requirements and standards of the Coastal Element. The proposed plan is consistent with the Coastal Element policy to provide visitor -serving commercial uses in the downtown area and adequate parking will be provided. Fil PC Minutes - 10/6/92 -6- (5298d) 2. The proposed live entertainment and dancing as proposed by Coastal Development Permit No. 92-24 is consistent with the CZ (Coastal Zone) suffix, Downtown Specific Plan Development Standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The project provides parking and adequate buffers from residential uses as required by code. 3. The proposed live entertainment and dancing proposed by Coastal Development Permit No. 92-24 will have available infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. The proposal is within an existing structure that is already equipped with adequate infrastructure. 4. The proposed live entertainment and dancing proposed by Coastal Development Permit No. 92-24 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Public access and public recreation does not currently exist at the project site and will not be altered as a result of the project. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 92-24: 1. The proposed live entertainment and dancing at Hurricane's Bar and Grill are in conformance with the City of Huntington Beach General Land Use designation of Mixed Use-Commercial/Office/ Residential which permits live entertainment and dancing in conjunction with a standard commercial use. 2. The location, site layout, and design of the proposed live entertainment and dancing 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 dancing 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 have compatible with the proposed live entertainment and dancing at Hurricane's Bar and Grill. A noise study has been submitted by the applicant and indicates that the noise associated with live entertainment can be attenuated within the building and will not impact adjacent business or properties. 4. The access to and parking for the proposed live entertainment and dancing does not create an undue traffic problem. The five (5) additional parking spaces required for the dance floor under the Huntington Beach Ordinance code will be provided or in -lieu fees paid prior to the first live entertainment or dancing event. PC Minutes - 10/6/92 -7- (5298d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-24/ COASTAL DEVELOPMENT PERMIT NO. 92-24: 1. The site plan, floor plans, and elevations received and dated September 18, 1992 shall be the conceptually approved layout with the following modifications: a. The stage and dance floor shall be handicapped accessible. 2. Prior to commencing live entertainment and/or dancing activities, the following shall be completed: a. An analysis and report prepared by a California State licensed acoustical engineer shall be filed with the Department of Community Development. 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 and that noise levels will not exceed reasonable nuisance standards for adjoining businesses and properties. All recommended mitigation measures shall be in place prior to the onset of live entertainment performances. b. The remodeled restrooms as depicted on the floor plan dated September 18, 1992 shall be constructed and open for public use prior to the onset of any live entertainment and/or dancing. c. The property owner and/or applicant shall be responsible for providing five (5) additional parking spaces or paying in -lieu fees to the Redevelopment Agency. d. The applicant shall obtain approval from the Fire Department of a Fire Exiting Management Plan showing how patrons will exit the building and how exit paths, corridors, and aisleways are going to be kept clear of obstructions such as, tables, chairs, food service articles, and people. e. The applicant shall obtain approval of an entertainment permit from the Police Department prior to commencement of the first live entertainment performance. 3. The use shall conform to the following: a. All exterior doors and windows, particularly the patio/ balcony doors, shall remain closed during all hours of live entertainment. b. Whenever the upper level outdoor deck area is occupied, there shall be a minimum of three (3) identifiable Hurricane's Bar and Grill employees stationed on or adjacent to the outdoor deck area at all times for crowd control, monitoring customers and to ensure the doors remain closed during live entertainment and dancing. PC Minutes - 10/6/92 -8- (5298d) C. The hours of operation shall be�limited to between the following hours: Live Entertainment Sunday - Thursday Friday - Saturday 8:00 PM - 12:00 AM 8:00 PM - 1:30 AM d. There shall be no dumping of trash and/or glass bottles outside the building after 10:00 PM. e. The restroom shall be available for patron's use during business hours. f. The number of live entertainment performers shall be limited to a maximum of five (5) players at any given time. g. Dancing shall be limited to the interior dance floor area only. 4. The Planning Commission reserves the right to revoke Coastal Development Permit No. 92-24 and Conditional Use Permit No. 92-24 if any violation of these conditions or the Huntington Beach Ordinance Code occurs; and reserves the right to make minor amendments to the conditions of approval, as deemed necessary, provided they do not result in a substantial change to the use. 5. Coastal Development Permit No. 92-24 and Conditional Use Permit No. 92-24 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. 6. Coastal Development Permit No. 92-24 and Conditional Use Permit No. 92-24 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 REOUIREMENTS: 1. Conditional Use Permit No. 92-24 for live entertainment and dancing is non transferable. PC Minutes - 10/6/92 -9- (5298d) B-6 CONDITIONAL USE PERMIT NO, 92-32: APPLICANT: Su Wan Bae LOCATION: 16062 Beach Boulevard (approximately 200 feet south of Edinger Avenue) Conditional Use Permit No. 92-32 is a request by Su Wan Bae to establish a massage business, an adult business, pursuant to Section 9220.1(d) and Article 975, Adult Business, of the Huntington Beach Ordinance Code at 16062 Beach Boulevard (Huntington Executive Park).- The applicant is currently operating a massage business at 8839 Adams Avenue (Adams Massage). If approved, he will relocate the business to the new location. STAFF RECOMMENDATION: Section 9220.1(d) specifies that an adult business (massage establishment) may be permitted subject to approval of a conditional use permit application in compliance with Article 975, Adult Business. Article 975 establishes locational criteria applicable to adult businesses. The subject site complies with the locational criteria. Based upon this fact, staff is recommending approval of the request with conditions. THE PUBLIC HEARING WAS OPENED. Paul Mask (SP?), attorney for the applicant, stated that the applicant's current business has a permit issued by the Police Department, and there is no knowledge of illegal activities occurring on the site. Commissioner Richardson asked Mr. Mask if he was aware of a citation issued to the current business for prostitution. Mr. Mask said he was not aware of one. Gary Nelson, 16060 Beach Boulevard, General Manager of the neigbhoring E1 Torito, spoke in opposition to the request. Mr. Nelson stated that the entire complex was family oriented and was concerned with the compatibility of a massage parlor. He also stated that the dining area of E1 Torito had an open view to the proposed request and was concerned with the negative impact the business would have to his patrons. Jim Best, Charlie Brown's manager, stated the same concerns as the previous speaker. He was also concerned with the police coming and going on regular inspections not being good for a family business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 10/6/92 -10- (5298d) 1 A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO DENY CONDITIONAL USE PERMIT NO. 92-32 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO, 92-32: 1. The proposed massage business will not be compatible with adjacent properties/uses because family oriented businesses are located within 100 feet and will be detrimental to the general welfare of persons patronizing these businesses. 2. The establishment, maintenance and operation of the massage business will be detrimental to the general welfare of persons working in the vicinity and detrimental to the value of the property and improvements within Huntington Executive Park. There were several persons who provided written opposition to the request. B-7 SITE PLAN AMENDMENT N0, 92-7: APPLICANT: Daniel McAllister LOCATION: 6931 Edinger Avenue Site Plan Amendment No. 92-7 is a request for two (2) single story modular buildings to be used as preschool and elementary classrooms and for a mobile unit to be used as a caretaker's unit at the Grace Lutheran church site pursuant to Section 9630.c and 9890 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Site Plan Amendment No. 92-7 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Phyllis Nelson, Grace Lutheran Church, spoke in support of the project. Ms. Nelson stated that because of the growth of the church, more buildings were needed. PC Minutes - 10/6/92 -11- (5298d) Dan McAllister, 8301 Elmcrest Lane, architect for the project, stated his concern with the staff's Condition No. lc. which required the caretaker's parking spaces to the covered. His concern was with the them being temporary they would eventually have to be uprooted. Norman Brown, 6931 Edinger, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO APPROVE SITE PLAN AMENDMENT NO. 92-7 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SITE PLAN AMENDMENT NO, 92-7: 1. The granting of Site Plan Amendment No. 92-7 for modular classrooms and a caretaker's unit 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 Site Plan Amendment No. 92-7 for modular classrooms and a caretaker's unit 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 location, site layout, and design of the proposed modular classrooms and caretaker's unit is properly adapted to streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. The access and parking for the proposed classrooms and caretaker's unit is adequate and does not create an undue traffic problem. CONDITIONS OF APPROVAL - SITE PLAN AMENDMENT NO, 92-7: 1. The site plan, floor plans and elevations received and dated July 31, 1992 shall be the conceptually approved layout with the following modifications: a. Provide a minimum five (5) feet wide landscape planter surrounding caretaker's mobile unit; 1 J PC Minutes - 10/6/92 -12- (5298d) b. The undercarriage of the mobilehome shall be skirted on all four (4) sides and within four years placed on a low profile, permanent foundation; 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and 9603C 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. All dead landscaping surrounding the parking lot and on the west, north and east property lines shall be replaced including dead grass. Groundcover shall be a low water using, drought tolerant species. 4. Fire Department requirements are as follows: a. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. The system shall provide manual pulls, annunciation and audible alarms. b. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. c. Install address numbers to comply with city specification No. 428. The size of the numbers shall be a minimum four (4) inches with a brush stroke of one-half (1/2) inch. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. PC Minutes - 10/6/92 -13- (5298d) 6. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 7. Prior to final 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. 8. Hope Hall shall not be used for additional Sunday worship services during main sanctuary services. Ancillary Sunday activities such as children and adult study classes, fellowship, etc. may take place in Hope Hall, provided they are secondary to Sunday sanctuary services. 9. The Planning Commission reserves the right to revoke Site Plan Amendment No. 92-7 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 10. 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 11. Site Plan Amendment No. 92-7 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. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JULY 7. 1992: A MOTION WAS MADE BY DETTLOFF, SECOND BY LEIPZIG, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 7, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED PC Minutes - 10/6/92 -14- (5298d) C-2 PLANNING COMMISSION MINUTES DATED JULY 21, 1992: A MOTION WAS MADE BY DETTLOFF, SECOND BY LEIPZIG, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 21, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: Shomaker MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED AUGUST 4, 1992: A MOTION WAS MADE BY DETTLOFF, SECOND BY LEIPZIG, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 4, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Dettloff, Leipzig NOES: None ABSENT: Inglee, Newman ABSTAIN: Shomaker MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 .IX (6) MONTH EXTENSION OF TIME - CONDITIONAL USE PERMIT 90-45/ CONDITIONAL EXCEPTION (VARIANCE) NO, 91-31/TENTATIVE PARCEL MAP NO 90-268/PLANNED SIGN PROGRAM NO, 92-9: APPLICANT: Pacific Development Group LOCATION: 5141 Warner Avenue (Meadowlark) On February 5, 1991, the Planning Commission approved the 122,665 square foot Meadowlark commercial center. The applicant is requesting a six (6) month extension of time for the associated entitlements in order to arrange financing and to finalize construction scheduling. The applicant has also submitted a parking demand study, a list of proposed uses for Pad "D" and a master sign plan for the entire commercial center. STAFF RECOMMENDATION: Staff has evaluated each and is recommending approval. PC Minutes - 10/6/92 -15- (5298d) Cheryle Browning, 16771 Roosevelt Lane, asked the Commission to consider the lighting concerns, parking spaces and requiring an employee entrance. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE A SIX (6) MONTH EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 90-45, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-31 AND TENTATIVE PARCEL MAP NO. 90-268 TO AUGUST 5, 1993, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES:= None ABSENT: Newman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO ACCEPT THE PARKING DEMAND STUDY AND PERMIT THE TWENTY-NINE (29) PARKING SPACES TO REMAIN BEHIND THE MAJOR TENANT BUILDINGS, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO APPROVE A MODIFIED LIST OF PROPOSED USES FOR PAD "D" WITH LIMITS TO HOURS OF OPERATION AND APPROVE PLANNED SIGN PROGRAM NO. 92-9 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED CONDITIONS OF APPROVAL - SIX MONTH EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO, 90-45/CONDITIONAL EXCEPTION (VARIANCE) NO 91-31/ TENTATIVE PARCEL MAP NO. 90-268: 1. Conditional Use Permit No. 90-45, Conditional Exception (Variance) No. 91-31 and Tentative Parcel Map No. 90-268 shall remain in effect until August 5, 1993. PC Minutes - 10/6/92 -16- (5298d) 1 2. All conditions of approval for Conditional Use Permit No. 90-45, Conditional Exception (variance) No. 91-31 and Tentative Parcel Map No. 90-268 shall remain in effect. 3. Rear access for employees shall be provided in buildings 1, 2, 3 and the major tenant buildings. 4. The Parking Management Plan dated July 1992 shall be complied with. 5. Permitted uses for Pad "D" shall be as follows, any additional uses not listed herein shall be subject to Planning Commission review and approval: General Retail: Office: Audio/Video Accounting Electronics Computer Service Computer Instant Printers/Copy Service Bridal/Tuxedo Insurance Office Print Store Real Estate Officers Copy Center Real Estate Development Stationery Travel Agency neral Retail: Office Jewelry Florist Leather Goods Bed/Bath Yard Goods Mens/Womans/Childrens Ready to Wear Shoe Stores Shoe Repair Gifts/Cards Financial Services: Budget/Finance Banks Credit Unions Savings & Loans Service• Mailboxes Hair/Skin/Nail Care One Hour Photo Postal Annex Beauty Salon Medical• Chiropractor Dental Offices Weight Clinic Medical Offices Optometrist Hard Goods• Art & frame Auto Parts Beauty Supplies Book Store Office Supplies Paint Store Card and Party Sporting Goods Bicycle Shop PC Minutes - 10/6/92 -17- (5298d) Food Uses: Vitamin Store Health Food Water Store 6. Hours of operation for Pad "D" shall be limited to 8:00 a.m. - 10:00 p.m on Sunday through Thursday 8:00 a.m. to 11:00 p.m. on Friday and Saturday. FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO, 92-9: 1. Planned Sign Program No. 92-9 will create a coordinated design by regulating common size, illumination and location. 2. Planned Sign Program No. No. 92-9 is consistent with the architectural them of the commercial center. 3. Planned Sign Program No. 92-9 complies with the City's sign code. CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO. 92-9: 1. The planned sign program dated July 26, 1990 shall be the approve criteria. 2. No sign shall be installed, erected, altered or reconstructed .without prior City and property owner approval and issuance of ,appropriate building permits. 3. All 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 th exterior walls of the premises or the building, other than as permitted herein. 6. The following criteria shall make up the General Provisions of the Planned Sign Program No. 92-9: a. No audible, flashing or animated signs shall be permitted. b. No exposed crossovers, conduits, conductors, transformers, or any similar device, shall be permitted. c. No labels will be permitted on the exposed surface of signs, except thoses that may be required by local ordinance which shall be places in an inconspicuous location. 1 PC Minutes - 10/6/92 -18- (5298d) d. Color of signs shall be architecturally compatible with the existing building colors and accents and shall be subject to property owner approval. e. It shall be unlawful for any person to exhibit, post or display, cause to be exhibited, posted or displayed upon any sign, anything of an obscene, indecent, or immoral nature or unlawful activity. f. 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. g. 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. 92-9 shall be subject to review by the Design Review board and approval of a special sign permit by the Planning Commission. B. This planned sign program 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. 9. The Planning Commission reserves the right to revoke Planned Sign Program No. 92-9 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. D-2 FHP FLU IMMUNIZATION CLINIC - CONDITIONAL USE PERMIT NO, 87-5: APPLICANT: FHP, Inc. LOCATION: 19066 Magnolia Avenue FHP, Inc. is requesting permission to conduct its annual flu immunization clinic on Saturday, November 7, 1992 from 8:00 AM to 2:00 PM. PC Minutes - 10/6/92 -19- (5298d) A condition of approval of Conditional Use Permit No. 87-5 established in 1989 regarding operation of the Senior Medical Center states, "the maximum number of scheduled and non-scheduled patient appointments (includes specialities, etc.) shall not exceed 260 per day Monday through Friday and shall not exceed 150 per day Saturday and Sunday. Any changes to this condition shall be subject to review by the Planning Commission and their determination of whether or not a conditional use permit would be required." In previous years, the Planning Commission has approved this event at a regular meeting as a non-public hearing item. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the request to conduct a flu immunization clinic on November 7, 1992, from 8:00 AM to 2:00 PM with suggested conditions of approval. A MOTION WAS MADE BY DETTLOFF, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 87-5 FOR A FLU IMMUNIZATION CLINIC, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED CONDITIONS OF APPROVAL - FHP FLU -IMMUNIZATION CLINIC: 1. Provide four (4) on -site parking attendants actively directing patients to available parking. 2. Provide on -site shuttle but to encourage parking in remote sections of the parking lot. 3. Limit immunization to no more than 1,000 patients. 4. Notify the Planning Division at least six (6) weeks in advance of any proposed future special events. 1 PC Minutes - 10/6/92 -20- (5298d) E. PLANNING COMMISSION ITEMS/INQUIRIES A MOTION WAS MADE BY RICHARDSON, SECOND BY LEIPZIG, TO RESCHEDULE THE NOVEMBER 3, 1992 PLANNING COMMISSION MEETING TO NOVEMBER 4, 1992 BECAUSE OF THE ELECTIONS, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the October 5, 1992, City Council meeting. G. A MOTION WAS MADE BY SHOMAKER, SECOND BY INGLEE, AT 8:52 PM TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON OCTOBER 20, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: Mike Adams, S cretary 151anning Commission Chairperson PC Minutes - 10/6/92 -21- (5298d)