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HomeMy WebLinkAbout1993-05-041 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 4, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, Dettloff P P Gorman, Inglee 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. Diane Easterling, 203-8th Street, stated she thought requests requiring Zoning Administrator's approval that impact a large portion of the community should be required to come before the Planning Commission. B. PUBLIC HEARING ITEMS B-1 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-60/ CONDITIONAL EXCEPTION (VARIANCE) NO. 93-4 (CONTINUED FROM THE APRIL 6, 1993 PLANNING COMMISSION MEETING): APPLICANT: John/Angelo Lardas APPELLANT: Roy Richardson, Planning Commissioner, City of Huntington Beach LOCATION: 6561 Edinger Avenue (McDonald's Restaurant) At the applicant's request, Use Permit No. 92-60 was continued from the April 6, 1993 Planning Commission meeting to allow McDonald's additional time to meet with adjoining property owners to discuss leasing area for parking, and abandoning the access easement. The applicant has since revised their request to include a reciprocal parking and access agreement with the adjacent commercial property to the west. Henry L. Cole, property owner of the Kentucky Fried Chicken (6531 Edinger) and Chalet Liquor (6541 Edinger) property has agreed to allow McDonald's the use of a portion of his lot,for parking. This would allow McDonald's to install the proposed playland with ancillary outdoor seating. As a result, McDonald's has withdrawn their conditional exception (variance) request as the required number of parking spaces will be provided on both parcels. With the proposed access and parking agreement between McDonald's and Mr. Cole, and the abandonment of the existing fifteen (15) foot access easement, staff believes concerns of the residential property owners and adjacent commercial property owners will be addressed. STAFF RECOMMENDATION: Staff recommends the Planning Commission deny the appeal and approve Use Permit No. 92-60 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS RE -OPENED. John Linde, 6562 Zimerick Drive, adjacent resident stated he was concerned about privacy, as delivery trucks can see into his backyard. He asked the Commission to consider additional trees to intensify the buffer between the residents and delivery traffic. Mrs. Phyllis Meadows, 6572 Limerick Drive, adjacent resident stated her concerns were the same as the previous speakers. She also stated concern regarding the location of the trash dumpster in relation to the adjacent residents. PC Minutes - 5/5/93 -2- (6724d) Bud Cole, 6541-31 Edinger Avenue, adjacent property owner of liquor store and Kentucky Fried Chicken, spoke in support of staff recommendation except, the consolidation of driveways and landscaping. Do Sok Yi, 6541 Edinger, adjacent business (liquor store), stated his concern with the consolidation of driveways creating hazardous traffic conditions and loss of a parking space. Ivan Ulloc, 6581 Edinger Avenue, adjacent business (George's Mexican Restaurant) stated his concern with parking. He requested a condition be included which requires identification of parking spaces per business. He was also concerned that the recording of the easement with the County be legal. Sharon Collins, 4370 La Jolla Village Drive, #800, San Diego, representing McDonalds, stated McDonald's willingness to address all the property owners and residents concerns. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the various property owner's and resident's concerns and incorporation of their requests into the conditions of approval. The Commission decided to leave the driveways as they currently exist, include signage for specific business parking, move trash enclosure to an acceptable location, intensification of landscaping to take the privacy of residents into account and modify current driveways to have curb cuts in compliance with Public Works standards. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY INGLEE, TO DENY THE APPEAL AND APPROVE USE PERMIT NO. 92-60 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 - USE PERMIT NO, 92-60: 1. The establishment, maintenance and operation of the proposed playland and modified site plan will not be detrimental to: PC Minutes - 5/5/93 -3- (6724d) a. The general welfare of persons residing or working in the vicinity. The proposed playland will be situated on the south side of the building, reducing any noise impacts to residential areas. Furthermore, the vehicular access will be relocated further south reducing noise impacts to the residents. The new access easement will allow for parking and landscaping between the easement and residential properties. b. Property and improvements in the vicinity of such use or building. The location, site layout, and design of the proposed playland and parking lot modification properly adapts the proposed parking and landscaping to streets, driveways, and other adjacent structures and uses in a harmonious manner. With the conditions imposed, the proposed access and additional parking will not create an undue traffic problem. The easement will also provide additional emergency access to the site. Furthermore, the reciprocal parking agreement will reduce parking impacts due to the playland addition. 2. The granting of Use Permit No. 92-60 will not adversely affect the General Plan of the City of Huntington Beach. The proposed parking lot modification and playland addition are consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. CONDITIONS OF APPROVAL - USE PERMIT NO 92-60: 1. The site plan, outdoor seating plan and elevations received and dated April 22, 1993 shall be the conceptually approved layout with modifications indicated below: a. Parking spaces along the rear property line shall be reduced in depth to 16 feet, six (6) inches to provide for a wider landscape planter. b. The site plan shall be dimensioned to reflect a minimum rear landscape planter width of six (6) feet. c. The trash enclosure shall be setback a minimum 20 feet from the northerly property line. d. The two (2) driveways located at 6531-41 Edinger shall be delineated as radius -type construction per Public Works standards. e. A minimum six (6) foot wide landscape planter shall be located along the south property line (6531-41 Edinger) except at the approved driveway location. f. The proposed relocated building on the rear of the property (6531-Edinger) shall be relocated further south to maintain a 56 foot rear yard setback fur future site improvements. PC Minutes - 5/5/93 -4- (6724d) g. Parking on the site at 6531-Edinger shall restripped to reflect code requirements and the conditions herein. h. A minor expansion to the restaurant for an order window booth, in lieu of an order menu board, may be permitted. 2. Prior to issuance of building permits the following shall be completed: a. Submit four (4) sets of landscape and irrigation plans in accord with approved plan for both parcels to the Department of Community Development and Public Works for review and approval. The plan shall reflect the conditions stated herein and include intensified landscaping with minimum 24 inch box trees within the planter along the rear property line to create a continuous landscaped barrier for privacy for adjacent residences. b. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. c. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plan check. d. Submit copy of revised site plan and outdoor seating plan pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. The plan shall also include both property owner's authorization. e. The applicant/property owner shall receive written authorization from all commercial property owners for the abandonment of the existing 15 foot access easement and establishment of new 26 foot easement as depicted on plan. The agreement shall be signed and notarized by each property owner. The agreement shall be approved as to form by the City Attorney and recorded with the County Recorder. f. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. g. All utility apparatuses such as but not limited to backflow devices and Edison transformers, shall be prohibited in the front yard and exterior sideyards unless properly screened by approved landscaping or any other method approved by the Director of Planning. All such apparatuses shall be depicted on the site plan. PC Minutes - 5/5/93 -5- (6724d) 3. Prior to final inspection and use of outdoor seating/playland, the following shall be completed: a. Installation of required landscaping and irrigation systems on both parcels, per the approved plan, shall be completed prior to final inspection/use of playland area. b. The two (2) driveways located at 6531-41 Edinger shall be upgraded to radius -type construction per Public Works standards and the approved plan. c. 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. d. The applicant shall restripe the parking lot on both parcels to conform with the approved site plan. e. The applicant shall install and maintain signage on the site and adjacent westerly parcel identifying available parking for restaurant (McDonald's) customers. 4. This 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 owners of both the properties, and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. 5. This use permit 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. 6. The Planning Commission reserves the right to revoke this use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. CODE REQUIREMENTS: 1. The applicant/owner shall be responsible for payment of Traffic Impact fees prior to issuance of a Certificate of Occupancy and/or final building permit approval. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department., 3. All applicable Public Works fees shall be paid. PC Minutes - 5/5/93 -6- (6724d) Ll 1 B-2 SITE PLAN AMENDMENT NO 93-1 (CONTINUED FROM THE APRIL 6, 1993 PLANNING COMMISSION MEETING): APPLICANT: Bill Winn LOCATION: 300 Pacific Coast Highway (northeast corner of Pacific Coast Highway and Main Street) Site Plan Amendment is a request to amend the site plan as approved for Conditional Use Permit No. 88-7 by modifying the Pierside Pavilion open space plaza, which is located at the corner of Pacific Coast Highway and Main Street. The applicant wishes to remove the existing fountain from the open space plaza, and replace it with a seating area and a surfers' "Walk of Fame". The Planning Commission reviewed the request on April 6, 1993 and continued it to the meeting of May 4, 1993. The Commission requested that the applicant return with a plaza design that incorporates a smaller scale fountain or water feature. The applicant is currently working with an architect, staff, and the Design Review Board to explore the various options. Accordingly, the applicant is requesting a two (2) week continuance to May 18, 1993, to complete these discussions and accompanying drawings. Staff concurs with this request. STAFF RECOMMENDATION: Staff recommends the Planning Commission continue Site Plan Amendment No. 93-1 to the May 18, 1993 Planning Commission meeting A MOTION WAS MADE BY BOURGUIGNON, SECOND BY GORMAN, TO CONTINUE SITE PLAN AMENDMENT NO. 93-1 TO THE MAY 18, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES:- Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-3 APPEAL - USE PERMIT NO. 92-66 (CONTINUED FROM THE APRIL 6, 1993 PLANNING COMMISSION MEETING): APPLICANT/ APPELLANT: Central Park No. 9 - Jeff Smith LOCATION: Derby Circle at Saddleback Lane PC Minutes - 5/5/93 -7- (6724d) Use Permit No. 92-66 is a request to install a vehicular entry gate for Tract 13439, a newly developed 27 lot subdivision in the Ellis-Goldenwest quartersection. On February 2, 1993, the Zoning Administrator denied Use Permit No. 92-66 and approved Lot Line Adjustment No. 93-1. The use permit was denied based on potential adverse effects on traffic flow in the area and impacts to the future residence on Lot 1. The applicant filed an appeal of the Zoning Administrator's denial of the use permit on February 8, 1993. This item was scheduled for the April 6, 1993 Planning Commission meeting, and continued to May 4, 1993 at the applicant's request. The applicant has requested another continuance to the June 15, 1993 Planning Commission meeting. STAFF RECOMMENDATION: Staff recommends the Planning Commission continue the Appeal of Use Permit No. 92-66 to the June 15, 1993 Planning Commission meeting. Commissioner Cook stated she would be abstaining from voting on this request in conformance with the Political Reform Act. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO CONTINUE THE APPEAL OF USE PERMIT NO. 92-66 TO THE JUNE 15, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: Cook MOTION PASSED B-4 CONDITIONAL USE PERMIT NO. 92-43 (CONTINUED FROM THE APRIL 20, 1993 PLANNING COMMISSION MEETING): APPLICANT: Samuale D. Roger LOCATION: 17304 Beach Boulevard (Jam's in Holland Center) On April 20, 1993, the applicant requested Conditional Use Permit No. 92-43, a request for live entertainment within an existing coffee house, to be continued to the May 4, 1993 Planning Commission meeting. Jam's Cafe du Monde, a coffee house located in the Holland Center (east side of Beach Boulevard, approximately 50 feet north of Holland Drive) is requesting live entertainment which will consist of acoustic music, poetry, storytelling and theatrical presentations as a compliment to the coffee house. The subject site meets the locational requirements to buffer live entertainment music from any adjacent residential properties. No dancing is proposed as part of this request. PC Minutes - 5/5/93 -8- (6724d) STAFF RECOMMENDATION: Planning staff recommends approval of Conditional Use Permit No. 92-43 to establish live entertainment with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Lynette Widmeyer, 6412 Newbury Drive, spoke in support of the request. Judy Miller, 6412 Newbury Drive, co -applicant, spoke in support of the request and read into the record a customers letter of support. Sam Roger, 6412 Newbury Drive, co -applicant, spoke in support of the request stating she was available for 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 COOK, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-43 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 N0, 92-43: 1. Conditional Use Permit No. 92-43, a request for live entertainment with hours of operation for live entertainment from 9:00 p.m. to 11:30 p.m. for Jam's Cafe du Monde, with 12 seats, will be compatible with adjacent residential properties/uses because the existing parking and site layout provide adequate parking and buffering from the existing two (2) story apartment building located to the east of the subject property. 2. The establishment maintenance and operation of the proposed live entertainment in conjunction with an existing coffee house with 12 seats will not be detrimental to the general welfare of persons working and/or residing in the vicinity or detrimental to the value of property and improvements in the neighborhood. Adequate on -site parking, parking space distribution and buffering from the residential zoned property and uses is provided. PC Minutes - 5/5/93 -9- (6724d) 3. The location, site layout, and design of the existing structures does properly adapt to the proposed use and structures and to the streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. Conditional Use Permit No. 92-43 a request for live entertainment in conjunction with an existing coffee house is consistent with the land use designation of general commercial of the General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 92-43: 1. The site plan and floor plans received and dated January 26, 1993 shall be the conceptually approved layout. 2. 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: Monday - Sunday 9:00 PM - 11:30 PM 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 to a maximum of four (4) players at any given time. f. If a stage/platform is provided for live entertainment, it must be handicap accessible. g. The maximum number of seats shall be 12. 3. The applicant shall obtain approval of an entertainment permit from the Business License Department within 30 days of final date of project approval. The applicant shall submit a copy to the Planning Division. 4. The proposed use shall comply with all applicable Fire and Building Codes including Chapter 33 of the Uniform Building code. 5. All activities shall comply with all applicable Ordinances of Title 5, Business License and Regulations, and Title 9, Public Peace, Morals and Welfare of the Huntington Beach Municipal Code. PC Minutes - 5/5/93 -10- (6724d) 6. The proposed 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. 7. Dancing shall be prohibited. 8. The applicant shall comply with the requirements of the Parking Management Plan created for the tenants of the Holland Center. 9. The applicant is restricted to the proposed uses of Conditional Use Permit No. 92-43. Any additional activities beyond those proposed shall require the review and approval of the conditional use permit process. 10. A review of the use shall be conducted within six (6) months of the issuance to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If there are violations of these conditions or code sections, staff will schedule a review before the Planning Commission. 11. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-43 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 12. Conditional Use Permit No. 92-43 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 (10) day appeal period has elapsed. 13. Conditional Use Permit No. 92-43 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. 92-43 for -live entertainment is not transferable. B-5 SPECIAL SIGN PERMIT NO. 93-3 (CONTINUED FROM THE APRIL 20 1993 PLANNING COMMISSION MEETING): APPLICANT: Mark Frank, Pedro Electric Sign Company LOCATION: 6491 Edinger Avenue (Blockbuster Video) PC Minutes - 5/5/93 -11- (6724d) Special Sign Permit No. 93-3 is a request by Blockbuster Video for a six (6) foot high monument sign with 18 square feet of signage in addition to existing wall signage. The Ordinance Code allows corner sites with less than 400 feet of frontage either wall signs or a freestanding sign. The monument sign is requested to replace a non conforming pole sign for which a limited sign permit was previously approved and has now expired. STAFF RECOMMENDATION: Staff is recommending denial of the monument sign based on the existing wall signage being adequate to advertise the business. The wall sign is an entirely illuminated awning sign approved by special sign permit for 266% more signage than normally permitted by the code. THE PUBLIC HEARING WAS OPENED. Mark Frank, San Pedro Sign Company, presented a slide presentation to the Commission. Gary Taylor, Blockbuster Video, spoke in support of a logo sign. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the use of the logo sign the applicant was requesting. Staff stated that the logo sign was not permitted within code because of the size of the primary awning sign. The Commission discussed alternatives to staff's recommendation. A MOTION WAS MADE BY COOK, SECOND BY BOURGUIGNON, TO APPROVE SPECIAL SIGN PERMIT NO. 93-3 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Inglee NOES: Gorman ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO, 93-3: 1. Strict compliance with Article 976 will result in substantial economic hardship to the applicant because a pole sign previously approved by a limited sign permit is to be removed which is necessary for identification of the site. PC Minutes - 5/5/93 -12- (6724d) 2. There are unusual site or building characteristics that preclude Blockbuster Video from yielding adequate signage from the provisions of the sign code. A block wall on Edwards Street blocks view of the elevation signs requiring that the site have both elevation and a monument sign. 3. Due to the fact that there are special site or building conditions applicable to the site, although signage exist already exceeding the limitations of the code, approval of additional signage for a six (6) foot high,18 square foot monument sign is necessary to enjoy sign provisions enjoyed by surrounding properties. 4. Additional signage for this site would not constitute an aesthetic impact to the site and surrounding properties. 5. The proposed six (6) foot high, 18 square foot monument sign will not adversely affect other signs in the area. 6. The proposed six (6) foot high, 18 square foot monument sign will be compatible with signage in the surrounding area. 7. The proposed sign at 6491 Edinger will not obstruct pedestrian or vehicular traffic vision. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 93-3: 1. The site plan and sign elevations received and dated March 11, 1993 shall be the approved layout. 2. Removal of the pole sign is required within 30 days of date of approval of this entitlement. 3. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. B-6 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65: APPLICANT: Michael Niccole APPELLANT: Gary Gorman, Planning Commissioner, City of Huntington Beach LOCATION: 520 Main Street (Niccole's Ristorante) Use Permit No. 92-65 was conditionally approved by the Zoning Administrator on March 31, 1993 permitting the establishment of outdoor dining at the Niccole's Ristorante at 520 Main Street. PC Minutes - 5/5/93 -13- (6724d) On April 8, 1993, Use Permit No. 92-65 was appealed by Planning Commissioner Gary Gorman due to complaints by area residents and concerns regarding the outdoor dining. Mr. Gorman believes that the approved outdoor dining will result in noise impacts to the adjacent residences and may impact pedestrian access along the public sidewalk. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator's approval of Use Permit No. 92-65 with findings and suggested conditions of approval. The Commission questioned staff about any specific guidelines governing outdoor dining. Staff stated that currently none exist; however, there is a proposed ordinance, in the process of being reviewed and discussed, that would cover outdoor dining. Staff stated that this request would fall within the guidelines of the proposed ordinance should it be adopted as is. Staff also stated that if the Commission wished to approve this before the ordinance was adopted, they could condition this request to follow the guidelines of the adopted standards if they should be modified. THE PUBLIC HEARING WAS OPENED. Suzanne Beukema, 522 Main Street, spoke in support of the request. Terry L. Olson, 611-6th Street, spoke in opposition to the request. Thomas James Roman, 611-6th Street, #2, spoke in opposition to the request. Susan Zizakis, 16951 Mt. Collier, Fountain Valley, spoke in opposition to the request. Gus Zisakis, 16951 Mt. Collien, Fountain Valley, spoke in opposition to the request. Mike Niccole, 520 Main Street, applicant, spoke in support of the request. Mr. Niccole stated that he has followed all code requirements and does not foresee a pedestrian interference problem. He also stated that the complaints for increased parking were unfounded as the patron numbers would be decreased with outdoor dining. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission questioned counsel as to the liability factor. Counsel stated that the applicant is required to have a Hold Harmless Agreement Contract with the City. The Commission also discussed their concern regarding obstruction of pedestrian right-of-way. A discussion ensued regarding the approval of outdoor PC Minutes - 5/5/93 -14- (6724d) dining for morning and lunch to determine.the impacts. Michael Niccole explained to the Commission that he was a dinner restaurant and wished to have the outdoor dining in'the evening. Mr. Niccole's stated that his wish for lunchtime outdoor dining was to be able to draw a lunch crowd. The Commission requested staff to continue this item to the next meeting in order for staff, two (2) Planning Commissioner's (Gorman, Bourguignon), the applicant (Michael Niccole) and residents to meet and discuss possible solutions to the residents complaints. A MOTION WAS MADE BY DETTLOFF, SECOND BY BOURGUIGNON, TO CONTINUE THE APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65 TO THE MAY 18, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, NOES: Biddle ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR Richardson, Dettloff, Gorman, Inglee C-1 PLANNING COMMISSION MINUTES DATED APRIL 6, 1993 A MOTION WAS MADE BY INGLEE, SECOND BY BOURGUIGNON, TO APPROVE THE PLANNING COMMISSION MEETING MINUTES OF APRIL 6, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, C-2 PLANNING COMMISSION MINUTES DATED APRIL 20, 1993 A MOTION WAS MADE BY INGLEE, SECOND BY BOURGUIGNON, TO APPROVE THE PLANNING COMMISSION MEETING MINUTES OF APRIL 20, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff, Gorman, PC Minutes - 5/5/93 -15- (6724d) D. NON-PUBLIC HEARING ITEMS D-1 SITE PLAN AMENDMENT NO. 93-2 (CONTINUED FROM THE APRIL 20, 1993 PLANNING COMMISSION MEETING): APPLICANT: David Czaja LOCATION: 5142 Warner Avenue Site Plan Amendment No. 93-2 is a request to amend the approved elevations which requires the ground floor patio walls to be constructed of a combination of three (3) feet of block wall and three (3) feet of plexiglass pursuant to Conditions of Approval No. 2.c. of Conditional Use Permit No. 90-63. This project was continued at the last Planning Commission meeting at the request of the applicant in order to allow time for more discussion with the Planning staff. Staff has since met with the applicant and he intends to revise the plans to depict three and one-half (3-1/2) feet of block wall with two and one-half (2-1/2) feet of decorative wrought iron. The applicant requests an additional two (2) week continuance to complete and re -submit new elevation drawings. STAFF RECOMMENDATION: Staff recommends the Planning Commission continue Site Plan Amendment No. 93-2 to the May 18, 1993 Planning Commission meeting. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO CONTINUE SITE PLAN AMENDMENT NO. 93-2 TO THE MAY 18, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Gorman - asked staff to investigate the park next to the Longboard Bar and Grill. He stated the project abutting on the opposite side overhangs into the public easement. Staff stated they would investigate and report back. Commissioner Inglee - stated that his previous request for completion of the median on Warner had yet to be resolved. Staff stated they would investigate. PC Minutes - 5/5/93 -16- (6724d) Commissioner Richardson - stated that after the Commission had voted to approve the Waterfront Development Agreement, an article appeared in a newspaper stating that the Waterfront Hilton was behind in rent owed the City. Commissioner Richardson asked counsel if this could create any problems regarding their decision. Counsel stated that the facts came out after their decision and it should have no complicating effects. Commissioner Richardson asked the Commissioners if they had received answers to their previous inquiries. The Commissioners stated that they had. Commissioner Richardson discussed with staff his previous inquiry regarding the tax base newspaper article. The Commissioners discussed the Community Development audit report which they had received. Staff explained that they should review it and submit any comments that they have on the report to staff. F. COMMUNITY DEVELOPMENT ITEMS Scott Hess, Senior Planner, restated action taken at the May 3, 1993 City Council Meeting. G . ADJOURNMENT A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO ADJOURN TO A 6:30 PM AGENDA REVIEW ON MAY 18, 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* Mike Adams, Secre ary Plafining Commission Chairperson PC Minutes - 5/5/93 -17- (6724d)