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HomeMy WebLinkAbout1993-03-16APPROVED 4/20/93 ---------------- ---------------- MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 16, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, Dettloff, P P Gorman, Inglee Commissioners Richardson, Dettloff and Biddle reported on their Planning Conference in Monterey. Commissioners Cook and Inglee and Director Mike Adams reported on the Town Hall meeting regarding the proposed Downtown Specific Plan changes held downtown at the Art Center. A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None J B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO 92-5/DOWNTOWN SPECIFIC PLAN CODE AMENDMENT/"VILLAGE CONCEPT" AND DOWNTOWN PARKING STUDY AND MASTER PLAN (CONTINUED FROM THE MARCH 2, 1993 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard and Sixth Street On March 2, 1993 the Planning Commission continued action on the Downtown Specific Plan after taking a series of straw votes on Districts No. 1 and No. 2. The Commission directed staff to conduct another community workshop prior to the next Planning Commission meeting. Staff presented a verbal report summarizing the "town hall" meeting. Districts No. 3 and No. 4 were the focus of the March 16, 1993 meeting. STAFF RECOMMENDATION: Approve Code Amendment No. 92-5 (Downtown Specific Plan) with the "Village Concept Master Plan" and Downtown Parking Plan as amended. THE PUBLIC HEARING WAS OPENED. Richard Harlow, 211-#B Main Street, stated the changes to be made needed to incorporate the need for year round business. Michelle Pap, 16000 Villa Yorba, #622, property owner, submitted sketches to the Commission of a proposed Bed & Breakfast. She stated that currently the Plan will not allow her to build this on her lot. She asked the Commission to consider the needs of the smaller businesses. Doug Langevin, 8196 Pawtucket Drive, property owner, stated his objections to the changes being proposed. James Lane, 637 Frankfort Avenue, property owner, stated he felt the changes in the Plan were going in the right direction. He encouraged stronger rehabilitation and historic preservation goals. THERE WERE NO OTHER PERSON PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN TO THE APRIL 6, 1993 PLANNING COMMISSION MEETING. J 1 PC Minutes - 3/16/93 -2- (6506d) The following straw votes were taken by the Planning Commission: DISTRICT 3 A straw vote motion was made by Cook, second by Bourguignon, to accept the following modification, passing unanimously: Section 4.5.02 Minimum Parcel Size - Net site area shall be 2,500 square feet and twenty-five (25) foot frontage. A straw vote motion was made by Inglee, second by Gorman to delete the following section, passing unanimously: Section 4.5.11 Pedestrian Overpass A straw vote motion was made by Richardson, second by Dettloff, to accept staff recommended changes to the following section, passing with 6 ayes, Gorman noe: Section 4.5.05 Maximum Site Coverage A straw vote motion was made by Dettloff, second by Richardson to accept the following modification, passing unanimously: Section 4.5.01(b)(I) Permitted Uses - Omit Auditoriums and Convention Centers A straw vote motion was made by Richardson, second by Bourguignon, to accept staff recommended changes to the following section, passing unanimously: Section 4.5.06 Setback (Front Yard) The,Commission requested staff to bring back additional information regarding Historical Statements, Alley Design and Density/Intensity. A straw vote motion was made by Richardson, second by Dettloff, to accept staff recommended changes to the following section, passing unanimously: Section 4.5.09(b) Setback (Upper Story) PC Minutes - 3/16/93 -3- (6506d) DISTRICT 3 (Continued) I A straw vote motion was by Bourguignon, second by Richardson, to accept the following modifications, passing with 4 ayes, Gorman, Dettloff, Cook noe: Section 4.5.09(c) Setback (Upper Story)- Second story shall be reduced from twenty-five (25) feet to ten (10) feet of the build -to line. A straw vote motion was made by Richardson, second by Dettloff, to accept the staff recommended changes to the following section, passing unanimously: Section 4.5.09(e) Setback (Upper Story) A straw vote motion was made by Richardson, second by Dettloff, to accept the staff recommended changes to the following section, passing unanimously: Section 4.5.10(a) Open Space A straw vote motion was made by Cook, second by Bourguignon, to allow the following changes, the motions fails with 3 ayes, Richardson, Dettloff, Gorman, Inglee noe: Allow flexibility on Block 101 for Property Owner's to build 100% residential. DISTRICT 4 A straw vote motion was made by Cook, second by Dettloff to accept the staff recommended changes to' the following section, passing unanimously: Section 4.6 Boundaries A straw vote motion was made by Cook, second by Bourguignon, to accept the following modifications, passing with 6 ayes, Gorman noe: To require retail commercial along Fifth Street on the first level between Olive and Walnut Avenues and retail commercial between Olive and Orange Avenues optional. PC Minutes - 3/16/93 -4- + (6506d) 1 1 DISTRICT 4 (Continued) A straw vote motion was made by Dettloff, second by Richardson, to accept the remaining staff recommended changes to District 4 with the following modification, passing unanimously: Section 4.6.01 Permitted Uses - Delete NOTE regarding Design Review Approval A MOTION WAS MADE BY BOURGUIGNON, SECOND BY GORMAN, TO INCORPORATE THE CHANGES TO THE DOWNTOWN SPECIFIC PLAN MADE BY STRAW VOTES, AND CONTINUE TO THE APRIL 6, 1993 PLANNING COMMISSION MEETING FOR REVIEW OF DISTRICTS NO. 5 AND NO. 6, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 CONDITIONAL USE PERMIT NO. 93-4 (CONTINUED FROM THE MARCH 2. 1993 PLANNING COMMISSION MEETING): APPLICANT: Donald E. Vance LOCATION: 20444 Magnolia Street Conditional Use Permit No. 93-4 is a request to install a modular building for "stay care" at Saints Simon and Jude Catholic School at 20444 Magnolia Street. The modular building will be used before and after school so that working parents can drop children off early and pick them up after the workday is over. The proposed 2,160 square foot building will be used as an activity center during the off -school hours. STAFF RECOMMENDATION: Staff recommends approval of the proposed modular building because there is no additional parking requirement and the use is compatible with the surrounding church, school and residential properties. The Commission discussed the need for an additional fire hydrant. Fire Department stated that the fire hydrant was a code required necessity. PC Minutes - 3/16/93 -5- (6506d) THE PUBLIC HEARING WAS OPENED. Donald Vance, 1221 W. Coast High, #423, Newport Beach, applicant stated he was there to answer any questions. 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 CONDITIONAL USE PERMIT NO. 93-4 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 93-4: 1. The proposed modular "stay care" facility is consistent with the general plan land use designation of low density residential which permits church uses, private school uses, and day care operations. 2. The location, site layout, and design of the proposed modular "stay care" building properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed building will be located on the existing sports field; a substantial distance from the surrounding residential properties. 3. The combination and relationship of the proposed use to another on a site are properly integrated. The proposed location and parking for the modular building do not conflict with the existing church and school on -site. 4. The access to and parking for the proposed modular "stay care" building does not create an undue traffic problem. No additional parking demand will be generated as a result of this project. 5. The proposed stay care and expansion will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the vicinity, and will not be detrimental to the value of properties in the vicinity. The 2,160 square foot modular building represents a minor expansion of the existing facility. PC Minutes - 3/16/93 -6- (6506d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 93-4: 1. The site plan, floor plans, and elevations received and dated March 9, 1993 shall be the conceptually approved layout. 2. The use of the modular "stay care" facility shall conform to the following: a. The hours of operation shall be limited to between 7:00 AM to 6:00 PM Monday through Friday. b. Day care shall be restricted only to children attending Saints Simon and Jude Catholic School. c. Total enrollment shall not exceed 80 children. 3. The applicant shall obtain approval of a building permit prior to installation of the modular building. 4. Prior to utilizing the modular building, the following shall be completed: a. Verification of Fire Department clearance. b. Copy of business license and Orange County social services license shall be submitted to the Community Development Department for the file. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-4 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. 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. 7. Conditional Use Permit No. 93-4 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. 8. Fire Department conditions are as follows: a. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: PC Minutes - 3/16/93 -7- (6506d) 1) Manual Pulls 2) Smoke Detectors 3) Telephone b. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. c. One (1) fire hydrant will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. Fire hydrant to be located within 150 feet of proposed facility. d. Address numbers will be installed to comply with City Specification #428. The size of the numbers will be the following: 1) Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. e. The building will comply with occupancy and exiting requirements of the State Building Code. B-3 CONDITIONAL USE PERMIT N0, 93-3/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-3: APPLICANT: Tait and Associates, Inc. LOCATION: 6962 Edinger Avenue (southwest corner of Edinger and Goldenwest Street) Conditional Use Permit No. 93-3 is a request to remodel an existing Texaco station by converting the existing lube bay building into an approximately 1,096 square foot convenience store. The convenience store will offer beer and wine sales. A conditional use permit is required pursuant to Sections 9220.14(g) and 9636 of the Huntington Beach Ordinance Code. Conditional Exception (Variance) No. 93-3 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Section 9607.3, which specifies that a 10 foot wide landscape buffer is required along street frontages, except at vehicular openings. The applicant is requesting that the existing 6 foot wide planters be allowed to remain along Goldenwest Street and Edinger Avenue in order to maintain adequate vehicular circulation on -site. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 93-3 and Conditional Exception (Variance) No. 93-3 with findings and suggested conditions of approval. PC Minutes - 3/16/93 -8- (6506d) THE PUBLIC HEARING WAS OPENED. Richard Tait, 800 N. Eckhoff, Orange, owner's agent, stated his concern regarding Condition No. 4.b. He asked if a video camera could be used to monitor that area. Tom Poe, Fire Department, stated that a video camera would be acceptable to monitor that area. 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 RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 93-3 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 93-3 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 93-3: 1. The location, site layout, and design of the proposed service station and convenience store properly adapts the proposed structures to streets, driveways and other adjacent structures and uses in a harmonious manner. 2. The access to and parking for the proposed convenience store do not create an undue traffic problem because all parking requirements are met on -site. 3. The proposed service station and convenience store conform with the existing C2 (Community Business) zoning and General Plan designation of General Commercial. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-3: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. The lot is narrower than the currently required minimum for service station sites (126.5 feet x 150 feet versus 150 feet x 150 feet), and is undergoing state mandated soil remediation, reducing the area available to accommodate both required landscaping and vehicular circulation. PC Minutes - 3/16/93 (6506d) 2. The granting of Conditional Exception (Variance) No. 93-3 for reduced landscape planter width of six (6) feet in lieu of ten (10) feet will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming improvements in the neighborhood. The applicant is adding approximately 275 square feet of landscaping on the overall site and improving the appearance of the station. 3. The granting of this conditional exception (variance) from Section 9607.3 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide visual relief from public rights -of -way. 4. The granting of the conditional exception (variance) for reduced landscape planter will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-3/ CONDITIONAL EXCEPTION (VARIANCE) NO. 93-3: 1. The site plan, floor plans, and elevations received and dated February 22, 1993 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. b. All rooftop mechanical equipment shall be screened from any :view. Said screening shall be architecturaly compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. c. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. d. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, PC Minutes - 3/16/93 -10- (6506d) 1 quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Article 960 and Article 922 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). c. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. 4. The Fire Department requirements are as follows: a. Plans must show location of emergency shut-off. b. The cashier's work station inside the building, and/or the location of the windows shall be located so as to provide the cashier with a clear view of all pumps. Alternatively, Texaco may provide an attendant (in addition to the cashier) to monitor the pumps or a video surveillance camera with communicator. Floor plans shall be reviewed and approved by the Fire Department and the Department of Community Development during plan check. 5. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (ABC) Board license, along with any special conditions imposed by ABC, shall be submitted to the Department of Community Development. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 8. The use shall conform to the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. b. No alcoholic beverages shall be consumed on the premises. PC Minutes - 3/16/93 -11- (6506d) c. The parking area shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. d. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. e. There shall be no coin -operated games maintained upon the premises at any time. f. The sale of alcoholic beverage shall be limited to the hours of 6:00 AM to 2:00 AM daily. 9. Requests for new signage shall require that a planned sign program be submitted and approved. Said program shall be approved prior to the issuance of building permits for new signs. 10. Prior to the issuance of a Certificate of Occupancy the applicant shall provide new screening material on the temporary chain link fences enclosing the remediation equipment and trash bins. The screening material shall be replaced when it becomes damaged. 11. Upon removal of the soil remediation system, a permanent trash enclosure shall be constructed as indicated on the site plan, and a parking space shall be provided between the trash enclosure and sidewalk. 12. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 13. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-3 and Conditional Exception (Variance) No. 93-3 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. CODE REQUIREMENT: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department, except as permitted herein. 1 PC Minutes - 3/16/93 -12- (6506d) 1 B-4 CONDITIONAL USE PERMIT NO. 93-1: APPLICANT: Paradise Specialities, Inc., Rosalie Taddeo, President LOCATION: 7344 Center Avenue Conditional Use Permit No. 93-1 is a request to permit Paradise Specialties, an adult business conducting retail sales of sexually explicit materials at 7344 Center Avenue. The business has been operating at the site for approximately one (1) year and four (4) months without obtaining approval of a conditional use permit. This request is for the original establishment of the building as well as expansion into the adjacent suite. STAFF RECOMMENDATION: Staff recommends approval of the request as the business meets all the locational criteria required for such a business and the applicant restricts entrance to patrons over 18 years of age. The Commission discussed the effects, if any, the proposed Transportation Station would have on the business, the actual number of minors estimated to be a Goldenwest College (approximately 150 minors) and other businesses of this type in Huntington Beach. THE PUBLIC HEARING WAS OPENED. Roger Jon Diamond, 2115 Main Street, Santa Monica, attorney for the applicant, stated the proposed business complies with zoning regulations. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission questioned Counsel regarding the difference of opinion between the Department of Community Development and the Police Department regarding the locational criteria relative to Goldenwest College and whether or not it is frequented by minors as defined by the code. Counsel stated that the Commission would have to make their own interpretation of the code. A MOTION WAS MADE BY DETTLOFF, SECOND BY INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO. 93-1 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Biddle, NOES: Cook, Richardson ABSENT: None ABSTAIN: None MOTION PASSED Dettloff, Gorman, Inglee PC Minutes - 3/16/93 -13- (6506d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 93-1: 1. The proposed adult business is consistent with the General Plan Land Use Designation of General Commercial because adult businesses are permitted subject to approval of a conditional use permit by the Planning Commission. In addition, the adult business is a commercial establishment with retail sales. 2. The location, site layout, and design of the proposed adult business properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed use meets all locational criteria to locate an adult business in this location, is a substantial distance from residential, educational and religious properties, and is properly separated from any other adult business. 3. The combination and relationship of one proposed to another on a site are properly integrated. Patronage is restricted to customers over 18 years of age and any display items are limited to materials considered unoffensive to the general public. 4. The access to and parking for the proposed adult business does not create an undue traffic problem. The site, as built, offers all required parking for the business. 5. The adult business, with the conditions imposed, will not have a detrimental effect upon the general health, safety and convenience of persons residing or working in the vicinity, and will not be detrimental to surrounding properties. 6.•The adult business, with the conditions imposed, will be compatible with surrounding land uses. The primary land uses in the vicinity are commercial. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 93-1: 1. The site plan, floor plans, and elevations received and dated February 17, 1993 shall be the conceptually approved layout. 2. The use shall conform to the following: a. Entrance to the business shall be restricted to patrons and employees 18 years of age and over only. b. Any window dressing or display items in plain view of the general public shall be restricted to non -offensive merchandise such as lingerie or novelty items that are not sexually explicit or depict specified anatomical areas as defined in Article 975 of the Huntington Beach Ordinance Code. PC Minutes - 3/16/93 -14- (6506d) c. The windows of the expansion area in the suite to the west shall either be maintained as described in Condition No. 2.b. above or shall be covered with opaque material subject to review and approval by the Community Development Department. d. All ingress and egress prior to and after expansion of the business shall be through the current access at 7344 Center Avenue; no separate entrance shall be permitted. e. The hours of operation shall be limited to between: Monday - Friday 10:00 AM - 8:00 PM Saturday 10:00 AM - 6:00 PM Sunday 12:00 PM - 5:00 PM f. There shall be no video cassette recorders, televisions, film projectors or any other viewing devices located on the premises. g. Patrons shall not be permitted to utilize any merchandise, on -site, other than to try -on garments prior to purchase. 3. The applicant shall obtain building permits for all existing and proposed tenant improvements. 4. Fire Department requirements are as follows: a. Fire extinguishers must be located within 75 feet of travel to all portions of the store. b. Unit building numbers must be installed in a conspicuous location in front of the main entry for both suites. c. If necessary to monitor for overcrowding, management may have to designate an employee to maintain required occupancy levels. 5. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 93-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 7. Conditional Use Permit No. 93-1 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 - 3/16/93 -15- (6506d) B-5 SPECIAL SIGN PERMIT NO, 93-1: APPLICANT: Tony Ursino LOCATION: 6001 Edinger Special Sign Permit No. 93-1 is a request to exceed the maximum square footage, height, and number of permitted signs at a newly constructed car wash/service station at 6001 Edinger Avenue. The site is located at the northeast corner of Springdale Street and Edinger Avenue. STAFF RECOMMENDATION: Staff recommends approval of the request to exceed the maximum number of menu boards at the site, to exceed the maximum square footage of directional signs and to provide a seven (7) foot, six (6) inch clearance between canopy signs and the ground, in lieu of the required twelve foot clearance. Staff recommends denial of the request for a four (4) sided, 280 square foot, 32 foot tall pole sign and two (2) 19.5 square foot, eight (8) foot tall price information signs. Staff's alternative actions include: A. Approve Special Sign Permit No. 93-1 with findings and suggested conditions of approval for: 1) Signs C, D, E, F, G, H, and seven (7) foot, six (6) inch ground clearance; and 2) Modifications to sign A to allow a maximum 15 foot tall sign that otherwise complies with code (square footage, copy, location, etc); and 3) Modifications to sign B to allow a price sign that complies with code (maximum six (6) foot tall, square footage, copy, location, etc.); or B. Deny Special Sign Permit No. 93-1 with findings. THE PUBLIC HEARING WAS OPENED. Tony Ursino, 419 Main Street, #56, applicant, submitted photos to the Planning Commission. Mr. Ursino stated that his business does not resemble most car washes and he needs all the requested signage for advertisement. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the various alternatives suggested by staff. 1 PC Minutes - 3/16/93 -16- (6506d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY BIDDLE, TO APPROVE STAFF'S ALTERNATIVE "A" APPROVING SPECIAL SIGN PERMIT NO. 93-1 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO, 93-1: 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant. 2. Special Sign Permit No. 93-1 for Signs C, D, E, F, G, H and the seven (7) foot, six (6) inch ground clearance and modified Signs A and B as conditioned (Sign A to be no greater than 15 feet in height) will not adversely affect other signs in the area. The freestanding signs will not block visibility to any other sign in the area. In addition, the primary purpose of the on -site signs is to provide information to patrons who have already entered the site and they will not effect any other surrounding signs. 3. Special Sign Permit No. 93-1 for Signs C, D, E, F, G, H and the seven (7) foot, six (6) inch ground clearance and modified Signs A and B as conditioned (Sign A to be no greater than 15 feet in height) will not not be detrimental to property located in -the vicinity of such sign; and will be compatible with the surrounding area. The signs are architecturaly compatible with the buildings form and colors as well as the surrounding properties. 4. Special Sign Permit No. 93-1 for Signs C, D, E, F, G, H and the seven (7) foot, six (6) inch ground clearance and modified Signs A and B as conditioned (Sign A to be no greater than 15 feet in height) at 6001 Edinger will not obstruct pedestrian or vehicular traffic vision. The freestanding signs will be set back far enough from the property line so that pedestrian and vehicular traffic vision is not impaired. 5. Special Sign Permit No. 93-1 for Signs C, D, E, F, G, H and the seven (7) foot, six (6) inch clearance and modified Signs A and B as conditioned (Sign A to be no greater than 15 feet in height) will be in keeping with the character of the surrounding neighborhood. The surrounding freestanding signs range in height from seven (7) foot tall monument signs to 35 foot tall pole signs. PC Minutes - 3/16/93 -17- (6506d) CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 93-1: 1. 2. 3. The site plan received and dated February 16, 1993 shall be the conceptually approved layout with the following modifications: a. The plans shall be revised to depict Sign A as a maximum 15 foot tall sign and no greater than 50 square feet in size with price panels; and Sign B as a maximum six (6) foot tall sign and no greater than 12 square feet in size that complies with code. All other requirements of Article 961 of the Huntington Beach Ordinance Code shall apply. b. Sign A shall contain a pole cover and designed to be compatible with the building in terms of materials and colors. Prior to issuance of building permits, the applicant shall complete the following: a. Submit copy of the revised site plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. All freestanding signs shall be located completely within a landscape planter. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building, Division, and Fire Departments. 5. '-The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision "shall be preceded by notice to the applicant and a public -hearing and shall be based on specific findings. 6. Special Sign Permit No. 93-1 shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. 7. Special Sign Permit No. 93-1 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 - 3/16/93 -18- (6506d) B-6 CODE AMENDMENT NO. 92-4: APPLICANT: City of Huntington Beach, Community Development Department Effective February 5, 1992, a county -wide Flood Insurance Rate Map (FIRM) became the official map for flood insurance purposes, although no changes have been made to the individual panels dated September 15, 1989, applicable to Huntington Beach. Adoption of the current county -wide FIRM to be used in conjunction with the 1989 panels will insure the availability of flood insurance to the property owners of property that is located within special flood hazard areas that could be inundated by a flood having a one (1) percent or greater probability of being equaled or exceeded during any given year. The Federal Emergency Management Agency (FEMA) has advised the City that the current FIRM effective for the City of Huntington Beach must be adopted to avoid possible suspension from the National Flood Insurance Program (NFIP). STAFF RECOMMENDATION: Planning staff recommends approval of Code Amendment No. 92-4. 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 MADE BY GORMAN, SECOND BY BOURGUIGNON, TO APPROVE CODE AMENDMENT NO. 92-4 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 92-6: 1. Code Amendment No. 92-4 complies with the National Flood Insurance Program requirement of adopting the current flood insurance rate map effective for Huntington Beach. 2. Code Amendment No. 92-4 will ensure the availability of flood insurance for properties located within special flood hazard areas of Huntington Beach. 3. Code Amendment No. 92-4 is compatible with federal regulations. PC Minutes - 3/16/93 -19- (6506d) B-7 CODE AMENDMENT NO, 92-6: APPLICANT: City of Huntington Beach, Community Development Department Previous revisions to the Huntington Beach Ordinance Code repealed Article 982, Amendments, and Section 9867, elimination of multiple application fees; however reference to these portions of the Ordinance Code remain within Article 986. Code Amendment No. 92-6 proposes to delete these references and also to make minor revisions to the remove out-of-date provisions. STAFF RECOMMENDATION: Planning staff recommends approval of Code Amendment No. 92-6. 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 GORMAN, SECOND BY BOURGUIGNON TO APPROVE CODE AMENDMENT NO. 92-6 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 92-6: 1. Code Amendment No. 92-6 removes inconsistencies and out-of-date provisions from Article 986 of the Huntington Beach Ordinance Code. 2. Code Amendment No. 92-6 improves the administration of the Huntington Beach Ordinance Code. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED FEBRUARY 17, 1993: A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 17, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, 11 1 PC Minutes - 3/16/93 -20- (6506d) D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Gorman - asked staff to investigate why there was red curbing on 6th Street, across from Niccole's Ristorante. Staff stated they would investigate. Commissioner Richardson - asked staff to post information regarding the Comprehensive General Plan Update, since he thought that the Committee might be disbursed due to budget constraints. He stated citizens could then review the information and comment either orally or written. He also asked the Commission to review the proposed changes to Districts 5 and 6 of the Downtown Specific Plan for the April 6, 1993 Planning Commission meeting. Commissioner Inglee - asked staff to work with City Council in an effort to foresee projects that may not be viable/resolvable before they are continued too far into the process. Staff stated that they could possibly come up with solutions to this problem during the next Planning Commission retreat. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director of Community Development, restated actions taken at the March 15, 1993 City Council meeting. G . ADJOURNMENT A MOTION WAS MADE AT 10:25 PM BY RICHARDSON, SECOND BY DETTLOFF, TO ADJOURN TO A 5.00 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON APRIL 6, 1993 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: All�'t Mike Adams, ecretary P nning C mmission Chairperson PC Minutes - 3/16/93 -21- (6506d)