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HomeMy WebLinkAbout1993-06-01MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 1, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM CODE AMENDMENT - Proposed Code Amendment to allow Zoning Administrator review and approval of Special Sign Permits and Limited Sign Permits. REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, Dettloff, P A (excused) 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. None B. PUBLIC HEARING ITEMS B-1 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED FROM THE MAY 18 1993 PLANNING COMMISSION MEETING): APPLICANT: Michael Niccole APPELLANT: Gary Gorman, Planning Commissioner, City of Huntington Beach LOCATION: 520 Main Street (Niccole's Ristorante) At the request of the Planning Commission, Use Permit No. 92-65 was continued from the May 18, 1993 Planning Commission meeting to allow staff to meet with the applicant and area residents to discuss concerns of the proposed outdoor dining at Niccole's Ristorante. On Wednesday, May 19, 1993, staff held a meeting in which Michael Niccole, applicant, Suzanne Beukema, owner of Main Street Cafe, Planning Commissioners Gary Gorman and Ken Bourguignon, surrounding residents and concerned citizens were present. The meeting resulted in a proposal that both parties agreed to, which involves allowing outdoor dining for both restaurants (Niccole's Ristorante and Main Street Cafe) with reduced hours and a review in 60 days. The applicant agreed to cease operation and remove all tables and chairs by 9:30 PM. The applicant also agreed to avoid opening the back door after 9:30 PM, which would require the applicant to store all trash inside the building until the next morning. All concerns addressed at the meeting have been incorporated in the revised suggested conditions. 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 PUBLIC HEARING WAS OPENED. Dianne Easterling, spoke in opposition to the request. Susan Zisakis, spoke in opposition to the request. Gus Zisakis, spoke in opposition to the request. Michael Niccole, applicant, spoke in support of the request. Dr. Niccole also stated that he had met with adjacent property owners and two (2) Planning Commissioner's and stated that all parties were in agreement. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Gorman discussed his interpretation of the meeting and the conditions he would want to see imposed if he were to vote for approval of this project. Commissioner Bourguignon discussed his interpretation of the meeting, which was a 60-day trial with decibel readings and they reach a decision. Discussion then ensued regarding the use of the back door after 9:30 PM, rather it should be required to be closed or locked. PC Minutes - 6/l/93 -2- (7185d) A MOTION WAS MADE BY BOURGUIGNON, SECOND, -BY RICHARDSON, TO DENY THE APPEAL AND APPROVE USE PERMIT NO. 92-65 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, NOES: Cook, Biddle, ABSENT: Inglee ABSTAIN: None MOTION PASSED Richardson, Dettloff Gorman MOTION TO DENY APPEAL ENDED IN 3-3 VOTE WITH INGLEE ABSENT. THIS ITEM WILL AUTOMATICALLY BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE COMMISSION WHICH WILL BE HELD JUNE 15, 1993. B-2 CONDITIONAL USE PERMIT NO. 93-6: APPLICANT: Tom Lustbaum, TNT Surf Taco LOCATION: 200 Main Street, #105 (Main Promenade) TNT Surf Taco is an existing restaurant which occupies a 2,000 square foot ground floor suite in the Main Promenade/Parking Structure along Main Street in Downtown Huntington Beach. The request is to permit the on -site sale of beer and wine to compliment their existing food and beverage menu. The proposed on -site sale of beer and wine to an existing restaurant use will be compatible with the existing and surrounding commercial uses in the Downtown area along Main Street. STAFF RECOMMENDATION: Planning staff recommends approval of Conditional Use Permit No. 93-6 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Tom Lustbaum, applicant, stated he was available if the Commission had 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 RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 93-6 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Minutes - 6/1/93 -3- (7185d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-6: 1. The proposed on -site sale of beer and wine at TNT Surf Taco is in conformance with the City of Huntington Beach General Land Use designation of Mixed Use-Commercial/Office/Residential which permits the sale of alcoholic beverages in conjunction with a standard commercial use (restaurant). 2. The location, site layout, and design of the proposed use adapts the existing 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 use 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 businesses in the same building and in the vicinity are general retail commercial and restaurant uses which are compatible with the proposed use. 4. The access to and parking for the restaurant with the on -site sale of beer and wine does not create an undue traffic problem. No additional parking is required with the addition of alcohol sales as a compliment to the existing menu and use. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-6: 1. The site plan, floor plans, and elevations received and dated March 11, 1993 shall be the conceptually approved layout. 2. The use shall conform to the following: a. The hours of operation shall be limited to the following hours: Sunday - Thursday 11:00 AM - 10:00 PM Friday - Saturday 11:00 AM - 12:00 Midnight b. The restrooms shall be available for patron's use during business hours. c. The maximum number of seats shall be 12 unless permitted through subsequent entitlement. 3. 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. PC Minutes - 6/l/93 -4- (7185d) L 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-6 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. Conditional Use Permit No. 93-6 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. 6. Conditional Use Permit No. 93-6 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-3 CONDITIONAL USE PERMIT NO. 93-10: APPLICANT: Jaycee Corporation LOCATION: 18922 Beach Boulevard Conditional Use Permit No. 93-10 is a request to establish a restaurant with alcoholic beverage sales within an existing building (previously Pizza Hut) at 18922 Beach Boulevard. The site is located at the northeast corner of Garfield Avenue and Beach Boulevard within a retail commercial shopping center. STAFF RECOMMENDATION: Staff recommends approval of the request because there are substantial buffers from residential uses, the site has previously been utilized as a restaurant with alcohol and no complaints were received, the Police Department does not object to the request, and no adverse impacts to adjacent properties are anticipated. THE PUBLIC HEARING WAS OPENED. Connie Nygen, representing applicant, stated she was available to answer any questions the Commission may have. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 6/l/93 -5- (7185d) A MOTION WAS MADE BY COOK, SECOND BY DETTLOFF, TO APPROVE CONDITIONAL USE PERMIT NO. 93-10 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-10: 1. The proposed restaurant with alcoholic beverage sales is in conformance with the City of Huntington Beach General Land Use designation of General Commercial which permits alcoholic sales in conjunction with a commercial restaurant use. 2. The location, site layout, and design of the proposed restaurant with alcoholic beverage sales properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The project is located in a primarily commercial area and the proposed restaurant with alcoholic beverage sales will not adversely impact other surrounding properties. 3. The combination and relationship of one proposed use to another on a site are properly integrated. The other businesses in the center and in the vicinity are general retail commercial and restaurant uses which are compatible with the proposed restaurant with alcoholic beverage sales. 4. The access to and parking for the proposed restaurant with alcoholic beverage sales does not create an undue traffic problem. The site can already provide adequate parking and no additional parking is required in association with the restaurant with alcoholic beverage sales. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-45: 1. The site plan, floor plans, and elevations received and dated April 8, 1993 shall be the conceptually approved layout. 2. The use shall conform to the following: a. No dancing or live entertainment shall be permitted. 3. The Fire Department Conditions are as follows: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. PC Minutes - 6/l/93 -6- (7185d) C b. Building Address numbers will be installed in an area approved by the Fire Department to comply with City Specification #428. The size of the numbers will be the following: 1) The number for the building will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. c. The current exiting system provided must be evaluated for compliance with Uniform Building Code requirements. d. Building fire protection systems must be certified to comply with Uniform Fire Code requirements. 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-10 if any violation of the conditions or the Huntington Beach Ordinance Code occurs. 5. Conditional Use Permit No. 93-10 shall not become effective for any purpose until the ten (10) day appeal period has elapsed. 6. Conditional Use Permit No. 93-10 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 Community Development Department a minimum 30 days prior to the expiration date. B-4 CONDITIONAL USE PERMIT NO. 93-8: APPLICANT: Robert Kojima LOCATION: 300 Pacific Coast Highway (Pierside Pavilion Complex) Conditional Use Permit No. 93-8 is a request to establish a sushi bar with live entertainment (karaoke) and beer and wine sales in the previous Pepper's Restaurant suite of the Pierside Pavilion complex. Staff has reviewed similar operations in other cities and feels that the proposed use is compatible with the downtown area. The existing two (2) level parking garage below the complex will provide ample parking for the proposed use. STAFF RECOMMENDATION: Staff supports the request with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Robert Kojima, applicant, stated he was available to answer any questions the Commission may have. PC Minutes - 6/l/93 -7- (7185d) Ken White, representing applicant, stated he was also 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 RICHARDSON, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO. 93-8 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-8: 1. The location and floor plan will be compatible with the existing commercial uses and residential use to the east because the noise will be mitigated with soundproof materials subject to City requirements. 2. The combination and relationship of one proposed use to another on the site are properly integrated. The other businesses in the buildings are commercial and there is a buffer to the residents to the southeast. 3. The proposed use is consistent with the General Plan designation of Visitor -Serving Commercial and the zoning designation of Downtown Specific Plan, District 3 because it is a commercial use which is consistent with appropriate land uses in the Pierside Pavilion complex. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-8: 1. The site plan and floor plan dated received May 24, 1993 shall be the conceptually approved layout. 2. Prior to commencing the karoake activities 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. PC Minutes - 6/l/93 -8- (7185d) b. The applicant shall obtain approval of an entertainment permit from the Police Department prior to commencement of the first live entertainment performances. c. 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. 3. The use shall conform to the following: a. The hours of operation shall be limited to between 10:00 AM to 2:00 AM daily. b. Hours of delivery shall be restricted to 8:00 AM to 7:00 PM, Monday through Friday. c. Consumption of alcohol beverages shall be restricted to the lounge area. d. All karaoke singing rooms shall have a glass door and glass walls (minimum 30% of wall area) in order to provide unrestricted visual access from the central hallway. e. Dancing and live music shall be prohibited. f. The manager or business owner shall be on the premises at all times during business hours. 4. Prior to the sale of alcoholic beverage, a copy of the Alcohol 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. 5. All signage shall conform to the Pierside Pavilion complex planned sign program. 6. The applicant/operator is restricted to the proposed uses of Conditional Use Permit No. 93-8. Any additional activities beyond those approved herein shall require the review and approval of the conditional use permit process. 7. The applicant shall comply with all requirements of the Building, Fire and Public Works Departments. 8. A review of the use shall be conducted by staff with six (6) months of the issuance of the Certificate of Occupancy in order to verify compliance with the conditions of approval. PC Minutes - 6/1/93 -9- (7185d) 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-8 if any violations of the conditions of the Huntington Beach Ordinance Code occurs. 10. Conditional Use Permit No. 93-8 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 Community Development Department a minimum 30 days prior to the expiration date. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 93-3 (1993/94 CAPITAL IMPROVEMENTS PROGRAM) (CONTINUED FROM THE MAY 18, 1993 PLANNING COMMISSION MEETING)• APPLICANT: City of Huntington Beach The Government Code of the State of California, Section 65401, provides that a local planning agency review a list of the proposed Public Works projects recommended for planning, initiation, or construction during the ensuing fiscal year as to conformity with the local General Plan. The City Department of Administrative Services has submitted a coordinated list of all capital projects recommended by City departments for FY 1993/94 in the form of a five (5) year Capital Improvement Program. The Department of Administrative Services requests that the Planning Commission make a finding of conformity of the projects contained in the Capital Improvement Program with the General Plan prior to submittal to the City Council. The projects listed in the Capital Improvement Program will constitute General Plan Conformance No. 93-3. Staff has attached a list of the funded and unfunded capital projects by department classification for the Planning Commission's review. Each project is summarized as to description, need, priority, funded/unfunded status, and cost. The proposed list of projects for the FY 1993/94 Capital Improvement Program represents an updated and continued implementation of the five (5) year Capital Improvement Program. A project may be carried forward due to lack of funding in 1992/93. If the project was funded in 1992/93 but not implemented, it has also been carried forward to 1993/94. STAFF RECOMMENDATION: Staff recommends that the Planning Commission make a finding of conformity of funded and unfunded projects contained in the proposed City Capital Improvement Program and submit to City Council. 1 PC Minutes - 6/l/93 -10- (7185d) A MOTION WAS MADE BY GORMAN, SECOND BY-RICHARDSON, TO MAKE A FINDING OF CONFORMITY OF FUNDED AND UNFUNDED PROJECTS CONTAINED IN THE PROPOSED CITY CAPITAL IMPROVEMENT PROGRAM AND SUBMIT TO CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 TENTATIVE PARCEL MAP NOs. 89-228, 229/COASTAL DEVELOPMENT PERMIT NOS. 89-33, 34/CONDITIONAL USE PERMIT NOS. 89-58, 59 - ONE (1) YEAR EXTENSION OF TIME: APPLICANT: Development Design Service LOCATION: 1300/1390 Pacific Coast Highway The applicant is requesting a third one (1) year extension of time for the entitlements associated with a request to construct two (2), four (4) plex condominiums at 1300 and 1390 Pacific Coast Highway. The applications were approved by the Planning Commission on May 15, 1990. The Planning Commission granted a one (1) year extension of time on May 6, 1991 and once again on July 7, 1992 which expired on May 15, 1993. Based on the reasons outlined in the applicant's letter dated April 21, 1993 (see Attachment No. 1) the applicant is once again requesting a third one (1) year extension of time. STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve a one (1) year extension of time to May 15, 1994. A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO APPROVE A THIRD ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NOS. 89-58 and 89-59, COASTAL DEVELOPMENT PERMIT NOS. 89-33 AND 89-34 AND TENTATIVE PARCEL MAP NOS. 89-228 AND 89-229 WITH ALL PREVIOUSLY APPROVED FINDINGS AND CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Minutes - 6/l/93 -11- (7185d) ontinued) Bill Ho man, 23 Corporate Plaza, Suite 250, Newport Beach, represen ing Pacific Coast Homes, spoke in support of item D-2 an extensio of time. Mr. Holman stated that the delay was being caused by luggish market conditions. George E. Aold. spoke in opposition to an extension of time for item D-2. Commissioner Ri ardson stated their intent to continue item B-1 to a special meetin on June 8, 1993, and requested a motion to move item B-1 to the e of the public hearing items on the agenda. A MOTION WAS MADE B DETTLOFF, SECOND BY GORMAN, TO MOVE ITEM B-1 TO THE END OF THE PUBLI VEARING ITEMS ON THE AGENDA, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, ichardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: Bourguignon MOTION PASSED PLEASE NOTE THAT THE MINUTES REGULAR AGENDA ORDER B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 92- It ITT T_T_ThL= l4f1N1t—VnTn COMMISSION MEETING): RELECT ACTIONS TAKEN IN THE APPLICANT: City of Huntington Bea LOCATION: An area bounded by Golder west Street, Pacific Coast Highway, Beach Boulkpvard and Sixth Street On April 20, 1993, the Planning Commission co tinued action on the Downtown Specific Plan Code Amendment in antic'pation of receiving the parking management plan from the City's con ultant. Planning staff received the Draft Downtown Parki Study and Master Plan on April 19, 1993. Staff has reviewed and c ented on the draft submitted by the consultant (Greer and Comp a ) and forwarded staff's comments to the consultant for incorporatio into the final 1 PC Minutes - 5/18/93 -2- (7180d) i E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Cook - questioned staff regarding the building being built on Main and Olive. She asked how the overhang of the building on public right-of-way would be taken care of. Staff stated that the builders were told to go to the Department of Public Works to receive a permit for encroachment into the public right-of-way. Commissioner Gorman - asked staff the status of the Carts and Kiosks Ordinance. Staff stated that it was currently being reviewed by the City Attorney's Office and was expected to be in front of the Planning Commission in a month. Commissioner Richardson - stated he had received comments of the proposed Code of Ethics from Commissioners Inglee, Biddle, Dettloff and Cook. F. COMMUNITY DEVELOPMENT ITEMS None G. A MOTION WAS MADE AT 8:20 PM BY RICHARDSON, SECOND BY BIDDLE, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), AND THEN TO A SPECIAL MEETING ON JUNE 8, 1993 AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: ,�, L �� �c Mike Adams, Secretary lan ing Commi ion Chairperson PC Minutes - 6/l/93 -12- (7185d)