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HomeMy WebLinkAbout1992-10-20APPROVED 12/15/92 ----------------- ----------------- 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 20, 1992 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A (Excused) P P P A (Excused) 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. Mike Ferguson, 909 Delaware, spoke in reqards to item D-2 which is his request to have the Planning Commission initiate a conditional exception (variance) for him. He stated he could answer any questions the Commission had if a discussion ensued regarding his request. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 92-35: APPLICANT: Hoa Tran LOCATION: 7360 Center Avenue Conditional Use Permit No. 92-35 is a request to establish live entertainment at an existing restaurant, Cafe Ha Trang, pursuant to Section 9220.1(d) of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 92-35 with findings and suggested conditions of approval. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY NEWMAN, APPROVE CONDITIONAL USE PERMIT NO. 92-35 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: Inglee, Dettloff . ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 92-35: 1. The proposed Karaoke sing -along music system at Cafe Ha Trang is in conformance with the City of Huntington Beach General Land Use designation of General Commercial and C4 zoning classification which permits live entertainment in conjunction with a standard commercial use. 2. 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 dancing at Cafe Ha Trang. 3. The access to and parking for the proposed Karaoke sing -along music system in conjunction with an existing restaurant does not create an undue traffic problem. No additional parking is required in conjunction with the proposed Karaoke music system and adequate parking is currently provided on -site. PC Minutes - 10/20/92 -2- (5300d) 1 CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-35: 1. The site plan, floor plans, and elevations received and dated October 6, 1992 shall be the conceptually approved layout for the Karaoke sing -along music system with the following modifications: a. The stage shall be handicapped accessible. 2. Prior to commencing live entertainment and/or dancing activities, the following shall be completed: a. The applicant shall obtain approval of an entertainment permit from the Police Department. 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: Live Entertainment Sunday - Thursday Friday - Saturday 8:00 PM - 12:00 AM 8:00 PM - 1:30 AM c. The restroom shall be available for patron's use during business hours. d. No dancing shall be permitted. 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-35 if any violation of these conditions or the Huntington Beach Ordinance Code occurs; and the right to make amendments to these conditions without a public hearing if approved by the Planning Commission. 5. Conditional Use Permit No. 92-35 shall not become effective for any purpose until an "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. Conditional Use Permit No. 92-35 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. PC Minutes - 10/20/92 -3- (5300d) CODE REOUIREMENTS: 1. Conditional Use Permit No. 92-35 for live entertainment is non -transferable. B-2 CONDITIONAL USE PERMIT NO, 92-34/DESIGN REVIEW NO. 92-28: APPLICANT: D.E. Miller & Associates LOCATION: 18080 Beach Boulevard (east side of Beach approximately 370 feet south of Talbert) Conditional Use Permit No. 92-34 is a request to allow a 75 foot tall monopole with antennas for cellular communications. A suite within the existing building at 18080 Beach Boulevard will house the electronic equipment. These applications have been filed pursuant to Section 9630U, Unclassified Uses -Utility Facilities and Section 9730, Miscellaneous Provisions, Height Limitation Exception. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 92-34 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. June Pressel, 1393 Scotch Circle, Placentia, spoke in opposition to the request. She stated that she had contacted the FCC for a similar use and decided it was an unsightly and improper use for the area. Art Pressel Jr., 516 S. Dickel Street, Anaheim, spoke in opposition to the request. He stated the proposed use was an eyesore and a distraction and would be detrimental to the surrounding areas property values. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked if a survey had been done for available site. It was stated that surveys were done and this was an ideal spot to interact with the other stations. It was also stated that no other electrical interferences would be caused by this use. PC Minutes - 10/20/92 -4- (5300d) A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-35 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: Inglee, Dettloff ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-34: 1. The establishment, maintenance and operation of a 75 foot monopole for a cellular phone facility will not be detrimental to the general welfare of persons residing or working in the vicinity, nor to property and improvements in the vicinity. The monopole will be set back 175 feet from Beach Boulevard, painted to blend with the sky, and therefore, will not be unsightly. In addition, the cellular phone facility will reduce parking demand at the office building site because the facility is unmanned. 2. The 75 foot high monopole with antennas for a cellular phone facility is consistent with the goals and objectives of the City's General Plan and Land Use Map. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-28: 1. The site plan, floor plans and elevations received and dated September 25, 1992, shall be the approved layout with the following conditions: a. Monopole and antennas shall be painted to blend with the sky. b. The cables along the side and on top of the building shall be painted to match the existing commercial building color. 2. Placement of additional antennas on the site shall require approval by the Planning Commission. 3. The Planning Commission reserves the right to revoke this conditional use permit if any violation of that conditions or the Huntington Beach Ordinance Code occurs. Code Requirements 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, ordinances and standards. PC Minutes - 10/20/92 -5- (5300d) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED AUGUST 18, 1992: A MOTION WAS MADE BY LEIPZIG, SECOND BY NEWMAN, TO APPROVE THE PLANNING COMMISSION MINUTES DATED AUGUST 18, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: Inglee, Dettloff ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED AUGUST 22, 1992: A MOTION WAS MADE BY LEIPZIG, SECOND BY RICHARDSON, TO APPROVE THE PLANNING COMMISSION MINUTES DATED AUGUST 22, 1992, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: Inglee, Dettloff ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT (ANGUS) ANNUAL REVIEW: APPLICANT: Angus Oil LOCATION: Deleware Avenue Use Permit No. 88-25 was a request to develop an oil consolidation drill site at 1801 Delaware (Block A) and an associated oil facility at 1610 California (Block B). During the November, 1990 review, it was suggested that a short explanation and a tentative completion date follow all pending conditions. It was also suggested that staff provide the Commission with a map depicting all wells that have been abandoned by ANGUS Petroleum. Staff has followed through with these suggestions by incorporating these items in the staff report. At the August 16, 1991 review of the project, the Planning Commission directed staff to conduct a yearly review of the project and its conditions, in lieu of the previous five (5) year review. PC Minutes - 10/20/92 -6- (5300d) F� According to the code enforcement records, one (1) citizen's complaint was received within the one (1) year review period (August 1991) - Present). On June 15, 1992, code enforcement received a complaint at 1901 California (drill site) regarding excessive truck traffic; trucks entering the site through the gate on California Street; and employees working until 6:00 PM. Code enforcement records reveal that ANGUS was in full compliance with the conditions. First, ANGUS is required to enter the drill site off of California Street (Condition No. 19). Second, the use permit does not limit the exact number of truck deliveries per day, it only limits the hours of truck delivery which are 7:00 AM - 5:00 PM, and code enforcement has never observed the stacking of trucks while awaiting delivery to the site. Lastly, there is no condition which regulates employee hours of operation, thus, the complaint was invalid and ANGUS was not in violation of their use permit. STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept the annual review of Use Permit No. 88-25 and direct staff to schedule a review in one (1) year. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO ACCEPT THE ANNUAL REVIEW OF USE PERMIT NO. 88-25 AND DIRECT STAFF TO PREPARE AN UPDATE REPORT OF THE CONDITIONS FOR OCTOBER, 1993, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: Inglee, Dettloff ABSTAIN: None MOTION PASSED D-2 LETTER FROM MIKE FERGUSON DATED OCTOBER 13, 1992 The Commission asked staff what options were available to Mr. Ferguson and the Commission. Staff explained that Mr. Ferguson needed to apply for a conditional exception (variance) just as everybody else does. Legal counsel also explained to the Commission that there were not any other options available, stating that neither the Planning Commission nor the City Council had the authority to initiate such an action. Counsel also reminded the Commission that the City is currently in litigation with Mr. Ferguson regarding the proposed fence, and code violations. PC Minutes - 10/20/92 -7- (5300d) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Richardson - stated that he had received numerous calls from citizens regarding unleashed dogs in City parks. He asked staff if code enforcement had any jurisdiction over this, and if not, what process should be taken. Staff explained that this was the Police Department and/or animal control responsibility. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, reiterated action taken at the October 19, 1992 City Council meeting. G . ADJOURNMENT A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON, AT 7:37 PM TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON NOVEMBER 11, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Shomaker, Newman, Leipzig NOES: None ABSENT: Inglee, Dettloff ABSTAIN: None MOTION PASSED /kj 1 APPROVED jBY: Mike Adams, Secretary Planning Commission Chairperson I I PC Minutes - 10/20/92 -8- (5300d)