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HomeMy WebLinkAbout1993-06-151 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 15., 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM CONDITIONAL USE PERMIT NO 92-27 - FHP INC. SENIOR MEDICAL FACILITY EXPANSION PLANNING COMMISSION PROCEDURES DIVISION 9 REWRITE REGULAR MEETING - 7.00 PM PLEDGE OF ALLEGIANCE P P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, P A (Excused) Gorman, Inglee P Dettloff, A. ORAL COMMUNICATION (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. Cheryle Brandon Browning, 16771 Roosevelt Lane, stated she was speaking to the Division 9 Zoning Rewrite, Section 231. She was concerned that she had not been notified and that she had no input. B. PUBLIC HEARING ITEMS B-1 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT PTO.--92-65 (CONTINUED WITH PUBLIC HEARING CLOSED FROM THE JUNE 1. 1993 PLANNING COMMISSION MEETING): APPLICANT: Michael Niccole, 520 Main Street, Huntington Beach, CA 92648 APPELLANT: Gary Gorman, Planning Commissioner, City of Huntington Beach LOCATION: 520-522 Main Street (Niccole's Ristorante/Main Street Cafe) As a result of a 3-3 vote at the June 1, 1993 Planning Commission meeting, Use Permit No. 92-65, a request to establish outdoor dining at Niccole's Ristorante and Main Street -Cafe was automatically continued to the June 15,1993 Planning Commission meeting. At the June 1, 1993 meeting, the Commission discussed the suggested conditions of approval for the proposed outdoor dining use at Niccole's Ristorante and Main Street Cafe. The Planning Commissioners requested their concerns regarding seating location and hours of outdoor dining use be addressed. The revised site plan and seating layout, and suggested conditions of approval reflect all comments and concerns brought up at the June 1, 1993 meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator's approval of the Use Permit No. 92-65 with findings and modified conditions of approval. A discussion ensued among the Commissioners regarding the meeting held between adjacent residents, Planning Commissioners and staff. The meeting resulted in a compromise to allow the outdoor dining on a trial basis, with a 60 day review. There was an agreement to cease the operation by 9:30 PM, which included the removal of all tables and chairs by 9:30 PM. In addition, all food service would occur through the front door, and the rear door (solid) would remain closed during business hours. Several Commissioner's where, however, concerned that the proposed outdoor dining use would impact pedestrian access on the public sidewalk and the flow of traffic. The legality of including Suzanne's Main Street Cafe were also discussed, and it was decided that Suzanne's outdoor dining could not be acted upon at this time. PC Minutes - 6/15/93 2 (KL001) 1 A MOTION WAS MADE BY BIDDLE, SECOND BY COOK, TO OVERTURN THE ZONING ADMINISTRATOR'S APPROVAL AND DENY USE PERMIT NO.92-65 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Dettloff, Gorman NOES: Richardson, Bourguignon ABSTAIN; None ABSENT: Inglee MOTION PASSED FINDINGS FOR DENIAL - USE PERMIT NO. 92-65: 1. The establishment, maintenance and operation of the proposed outdoor dining use will be detrimental to: a. The general welfare of persons residing or working in the vicinity. The outdoor dining will impact pedestrian access and the flow of traffic. b. Property and improvements in the vicinity of such use or building. The outdoor dining will impede access on the public sidewalk and will impact vehicular traffic. 2. The granting of Use Permit No. 92-65 will adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is not consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. B-2 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO 92-66 (CONTINUED WITH PUBLIC HEARING OPEN FROM THE MAY 4 1993 PLANNING COMMISSION MEETING): APPLICANT/ APPELLANT/ PROPERTY OWNER: Central Park #9, Jeff Smith, 123 Agate #B, Balboa Island, CA 92662 LOCATION: Derby Circle at Saddleback Lane PC Minutes - 6/15/93 3 (KL001) Use Permit No. 92-66 is a request to install an entry gate for Tract 13430, 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. The Planning Commission granted continuances at the request of the applicant on April 6, 1993, and May 4, 1993. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and uphold the Zoning Administrator's denial of Use Permit No. 92-66 with findings. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO WITHDRAW THE APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO. 92-66 AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSTAIN: None ABSENT: Cook, Inglee MOTION PASSED B-3 CODE AMENDMENT NO, 91-10/ENVIRONMENTAL ASSESSMENT NO. 91-32 - DRAFT ZONING AND SUBDIVISION ORDINANCE REWRITE (CONTINUED WITH PUBLIC HEARING OPEN FROM THE APRIL 30. 1993 PLANNING COMMISSION MEETING: APPLICANT: City of Huntington Beach, - - Department of Community Development LOCATION: City-wide 11 PC Minutes - 6/15/93 4 (KL001) The draft Zoning and Subdivision Ordinance Rewrite document updates the existing zoning and subdivision provisions by incorporating current planning principles and requirements by state law, deleting duplications and conflicts, and streamlining review processing. - - - STAFF RECOMMENDATION: Staff recommends approve of Code Amendment No. 91-10 (Zoning and Subdivision Ordinance Rewrite) and Environmental Assessment No. 91-32 and recommend their adoption by the City Council. The Commission discussed the scheduling of the various hearings that would be required to review the changes to the entire document. Staff stated they would publish a schedule of hearings, hold special meetings for those sections needing extra attention and schedule study sessions prior to the Planning Commission meetings. A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO CONTINUE CODE AMENDMENT NO. 91-10 AND ENVIRONMENTAL ASSESSMENT NO.91-32 WITH PUBLIC HEARING OPENED TO THE DULY 7, 1993 PLANNING COMMISSION MEETING BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Minutes - 6/15/93 61 (KL001) B-5 CONDITIONAL USE PERMIT NO.92-27: "APPLICANT; FHP, Inc, - LOCATION: 19066 Magnolia (southeast corner of Magnolia and Garfield) Conditional Use Permit No. 92-27 is a request to permit the expansion of FHP Senior Medical Facility and parking lot revisions within the commercial enter located at the southeast corner of Magnolia and Garfield pursuant to Section 9630M of the Huntington Beach Ordinance code. The project will occur in two (2) phases. Phase 1 includes demolition of approximately 6,000 square feet of the existing commercial building, expansion of the medical facility into the remaining portions of the commercial building for a total 38,784 square feet, exterior remodel of the building, and parking lot revisions to increase the available parking spaces from 342 to 403. Phase 2 consists of demolition of existing office building, new parking in this area, closure of the southernmost driveway on Magnolia, and modification of the main entrance on Magnolia. A total of 439 parking spaces will be provided at completion of Phase 2. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 92-27. THE PUBLIC HEARING WAS OPENED. Grant Lomas, 3540 Howard Way, Costa Mesa, representing applicant, stated they were in total agreement with staff s report and the conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 6/15/93 6 (KL001) 1 A MOTION WAS MADE BY BOURGUIGNON, SECOND BY DETTLOFF, TO APPROVE CONDITIONAL USE PERMIT NO.92-27 WITH FINDINGS AND MODIFIED 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, 92-27: 1. The FHP expansion, maintenance and operation of the commercial center will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood because: a. Sufficient parking will be provided; b. Covenant will be recorded precluding use of vacant office area; and c. Alternative methods of transportation such as buses are available to the patrons of the site. 2. The combination and relationship of one proposed use to another on a site are properly integrated. 3. The access to and parking for the proposed expansion of the FHP medical facility and other uses does not create an undue traffic problem based on a parking demand study prepared for the site. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.92-27: 1. The site plan received and dated June 7, 1993 and floor plans and elevations received and dated March 26, 993 shall be the conceptually approved layout with the following modifications: PC Minutes - 6/15/93 7 (KL001) a. Compliance with Transportation Demand Management Ordinance which requires one (1) locker for each 20 employees, separate shower facilities at rate of two (2) per 100 employees, bicycle parking for every 20 employees, employee loading areas; and van pool parking- b. If the Owner of Parcel 2 consents to parking area modifications on his parcel, FHP shall submit a revised site plan to the Director for review and approval. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. Elevations shall depict colors and building materials proposed. c. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally 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. d. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. r� PC Minutes - 6/15/93 8 (KL001) 1 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 plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. Any tree within the parking lot that will be saved in place or relocated shall be checked by a licensed arborist. If determined to be trimmed beyond re growth to an acceptable form, they should be replaced. If they will regrow to a good form based on the arborist's report, they should be trained provided there will be no lifting of curbs and asphalt concrete paving by the ficus. 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). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. All applicable Public Works fees shall be paid. d. A copy of the reciprocal driveway and parking easement document as recorded shall be filed with the Department of Community Development. e. 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. f. A planned sign program shall be submitted and approved all signing. Said program shall be approved prior to the first sign request. g. The major identification signs shall be removed or altered to comply with Article 961. PC Minutes - 6/15/93 9 (KL001) h. The applicant shall prepare a covenant restricting the use of the office building to the existing single tenant until no later than the year 2000. No expansion of the floor area shall be permitted. A copy of the legal instrument shall be approved by the Community Development Department and 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 Community Development Department. 4. The Public Works Department requirements areas follows: a. Remove the most southerly driveway along Magnolia Street and replace with new curb, gutter, and sidewalk. b. Remove the existing "Right Turn Only" sign, at the main entrance on Magnolia Street, and replace it with a "Right Turn Only" (R41 or R17), with 7:00 AM to - 9:00 AM, 4:00 PM to 6:00 PM, Monday - Friday. c. Modify existing main entrance driveway on Magnolia Street to conform with Standard Plans 211 A and B (radius type driveway). d. Remove trees within right-of-way and fill in tree wells. Provide trees along street frontage behind the right-of-way in accord with Article 960. 5. Fire Department requirements are as follows: a. Automatic sprinkler systems shall be installed throughout the FHP building to comply with Huntington Beach Fire Department and Uniform Building Code standards. Shop drawings shall be submitted to and approved by the Fire Department. b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire code standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. The system shall provide the following: 1) Water flow, valve tamper and trouble detection; and 2) 24 hour supervision. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code standards. PC Minutes - 6/15/93 10 (KL001) d. Fire lanes shall be designated and posted to comply with City Specification #415. e. Address numbers shall be installed to comply with City Specification #428. The - size of the numbers for the building shall be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. f. Exit signs and exit plan markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code g. conditions No. 1-6 shall also be printed on the plans submitted for plan review. h. Fire access roads shall be provided in compliance with the Huntington Beach Fire code and City Specification #401. The site plan shall include the circulation plan and dimensions of all access roads (24 feet or 27 feet fire lanes, turnarounds and 17 feet by 45 feet radius turns). A field test shall reveal that the City's snorkel truck, Unit HQ45, will freely pass through all firelanes. i. Prior to release of building permits, submit to the Fire Department for approval a Demolition Plan containing requirements of the Uniform Fire code Section 87.105 for general fire safety and roadway access. 6. The development shall comply with all applicable provisions of the Ordinance code, Building Division, and Fire Department. 7. 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. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within 12 months. 9. Prior to final building permit approval or issuance of a Certificate of occupancy, the following shall be completed: a. The applicant shall submit to the Director a parking management plan. The plan shall designate parking spaces in the rear and to the west of the FHP building as employee parking for FHP. FHP shall provide security in the parking lot to insure their employees utilize the designated parking area. b. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) PC Minutes - 6/15/93 11 (KL001) c. The applicant shall restripe the parking lot so that it conforms to provisions of - Article 960 of the Huntington Beach Ordinance code. U.—All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. e. Compliance with all conditions of approval specified herein shall be accomplished. 10. FHP shall continue to provide a shuttle service for employees until completion of Phase 1. The staff shall conduct a review of the parking conditions following completion of each Phase. If any parking demand deficiencies are noted, the shuttle service shall be reinstated. 11. FHP shall continue the parking lot tram service for the senior patients. 12. Hours of operation shall be limited to Monday through Saturday 8:00 AM to 7:00 PM. Any additional hours or days of operation shall be subject to review of the Planning Commission and their determination of whether or not a conditional use permit would be required. 13. The medical services offered at the center shall be primarily for senior citizens. A change in the nature of the operation (e.g. senior medical care to general practice/obstetrics) shall be subject to the filing of a new conditional use permit. 14. All existing must comply with the Uniform Building Code. 15. Construction of tenant improvements shall comply with the Huntington Beach Municipal Code Section 8.40. 16. the applicant shall obtain demolition permits for all structures or portions of structures removed from the site. All demolition shall be removed under the direction of the Building Division and South Coast Air Quality Management. 17. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection of Phase 1. 18. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. PC Minutes - 6/15/93 12 (KL001) B-5 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION NO. 93-11: - APPLICANT: Adam Kiemik -- - LOCATION: 19331 Waterbury Lane Conditional Exception (Variance No. 93-11 is a request to allow an existing two (2) car garage to be used as living space resulting in zero (0) enclosed parking spaces. Huntington Beach Ordinance code Section 9602.2 specifies that a minimum of two (2) enclosed parking spaces are required for single family detached dwellings. STAFF RECOMMENDATION: Staff recommends that the Planning Commission sustain the Zoning Administrator's action and deny Conditional Exception (Variance No. 93-11 with findings. Three letters of support were submitted by area residents to the Commission before the public hearing. THE PUBLIC HEARING WAS OPENED. Adam Kiernik, 19331 Waterbury Lane, applicant, reiterated his request. He explained to the Commission why he felt he was facing a hardship and deserved the exception. Pamila Shore, 19321 Waterbury Lane, adjacent neighbor spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the conditions, explained by Mr. Kiernik, of his children and the validity of granting a special privilege for his children's conditions. The Commission felt it was necessary. PC Minutes - 6/15/93 13 (KL001) A MOTION WAS MADE BY BIDDLE, SECOND BY BOURGUIGNON, TO APPROVE THE APPEAL, THEREFORE APPROVING CONDITIONAL EXCEPTION (VARIANCE)_ NO. 93-11 WITH FINDINGS AND MODIFIED CONDITIONS OF �4=APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-11: 1. Granting of Conditional Exception (Variance) No. 93-11 to exclude the need for two (2) enclosed parking spaces with conditions of approval would not constitute a grant of special privilege inconsistent with limitations upon other Low Density Residential properties in the vicinity. The property owner only has one (1) vehicle which is parking in the driveway. 2. there are special circumstances applicable to the subject property including size, shape, topography, location or surroundings. 3. The granting of Conditional Exception (Variance) No. 93-11 to exclude the need for a two (2) car garage with conditions of approval is necessary to preserve the enjoyment of one (1) or more substantial property rights. The single family residence complies with all other provisions of the Huntington Beach Ordinance code. 4. The granting of Conditional Exception (Variance) No. 93-11 with conditions of approval will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The reduced parking requirement will not impact conforming Single Family Residential properties under the same zone classification because the property owner has only one (1) vehicle which is parking in the driveway. CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO.93-11: 1. The site plan, floor plan and elevations received and dated March 26, 1993 shall be the conceptually approved layout. PC Minutes - 6/15/93 14 (KL001) 2. Conditional Exception (Variance) No. 93-11 shall become null and void either 15 years from date of approve (June 15, 2008) once title to the property has changed, or residence is rented/leased, whichever occurs first. A covenant shall be recorded to insure such conditions and require inspection by the City prior to sale of the residence. 3. The Planning Commission reserves the right to revoke Conditional Exception (Variance) No. 93-11 if any violation of these conditions or code requirements occur. B-6 SPECIAL SIGN PERMIT NO. 93-4: APPLICANT: Mark Frank, San Pedro Sign Company LOCATION: 16732 Beach Boulevard Special Sign Permit No. 93-4 is a request to allow an existing 16 foot high 58.5 square foot sign to remain without modification to comply with the current sign code, Article 961. The sign is located at the northeast corner of Beach and Terry. The site is approximately 150 feet and 150 feet (22,500 square feet). Prior to construction of the commercial building, the site was developed with a service station. Special Sign Permit No. 93-4 has been initiated because the proposal does not comply with the Huntington Beach Ordinance code, Article 961, Sign Code. Because the non conforming sign has been modified without city building permits and adequate signage on the building identifies the businesses on -site, staff recommends the sign be removed for code compliance. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny Special Sign Permit No. 93-4 with findings. THE PUBLIC HEARING WAS OPENED. Mark Frank, 19576 Elm Ridge, applicant, presented a slide show to the Commission. Sean Bradley, 3602 Estates Lane, 4109, Rolling Hills, manager of Busy Body, spoke in support of the sign request. PC Minutes - 6/15/93 15 (KL001) Al Brotsky, 516 Monterey Pass Road, Monterey Park, manager Al & Ed's Auto, spoke in support of the sign request. He stated that the businesses need pole signage to attract new customers. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The commission discussed the existing sign ordinance, and the current unsightly signage along Beach Boulevard. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE SPECIAL SIGN PERMIT NO. 9-3-4 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 - SPECIAL SIGN PERMIT NO 93-4: 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant. 2. The continued use of a freestanding sign will not adversely affect other signs in the area. 3. - The continued use of a freestanding sign at 16732 Beach Boulevard will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4. The continued use of a freestanding sign at 16732 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 9 -4: 1. The site plan and sign elevation received and dated April 1, 1993 shall be the approved layout with the following modifications: PC Minutes - 6/15/93 16 (KL001) a. Signs designated as C, D, and E shall be removed. 2. Within 90 days, a covenant shall be submitted for review and approval by the City Attorney and Community Development Department to assure that the freestanding sign is brought into conformance with the code at such time as a second panel needs replacement as a result of a business change or name change; unless a subsequent special sign permit is approved. The covenant shall be recorded with the County Recorder and copy submitted to the community Development Department. 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 shall be based on specific findings. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 93-4: APPLICANT: City of Huntington Beach Department of Administrative Services LOCATION; 200 Main Street General Plan Conformance No. 93-4 is a request to determine if the transfer of title for the Main Street/Promenade Parking Structure, from the Redevelopment Agency to the City of Huntington beach is in conformance with the General Plan. The transfer of title serves as a portion of a debt repayment plan for the structure. STAFF RECOMMENDATION: Planning staff recommends approval of the project. This recommendation is based on the fact that the request is consistent with the land use, Circulation and Local Coastal Elements of the General Plan. Specifically, the transfer will allow for the continued operation of the parking structure which serves to help revitalize the downtown, create a pedestrian friendly atmosphere and provide adequate off -site parking forecasting redevelopments. PC Minutes - 6/15/93 17 (KL001) A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON TO APPROVE GENERAL PLAN CONFORMANCE NO.93-4 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Dettloff NOES: Cook, Bourguignon, Biddle, Gorman ABSENT: Inglee ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY COOK, SECOND BY BOURGUIGNON TO DENY GENERAL PLAN CONFORMANCE NO.93-4 WITH FINDINGS, BY THE -FOLLOWING VOTE: - AYES: Cook, Bourguignon, Biddle, Gorman NOES: Richardson, Dettloff ABSENT: Inglee ABSTAIN: None MOTION PASSED PLEASE NOTE - This application cannot be deemed approved or denied without an affirmative vote of four (4) members of the Planning Commission either for approval or denial. An affirmative vote of a majority of the members present and voting shall be required for the passage of any other matter. therefore, a second vote to deny was taken. FINDINGS FOR DENIAL - GENERAL PLAN CONFORMANCE NO, 93-4: 1. The proposed project is not in conformance with the General Plan specifically the following policies: A. Land Use: "Promote the revitalization of the Downtown area." General Plan Conformance No. 93-4 does not allow the City to continue to operate the parking structure in a manner which serves to upgrade the Downtown. PC Minutes - 6/15/93 18 (KL001) B. Circulation: "Provide a transportation system that is consistent with efforts to minimize adverse environmental and aesthetic effects." General Plan - Conformance No. 93-4 does not allow for the continued operation of the parking structure in an environmentally sensitive manner or eliminate negative aesthetic impacts. C. Local Coastal Plan: "Ensure that adequate parking is provided by providing off - site parking structures." General Plan Conformance No. 93-4 does not allow the City to continue to provide adequate off -site parking for existing or new developments. D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMSANQUIRES Commissioner Cook - asked staff what steps would be taken to begin a review of the current sign ordinance. Staff stated that City Council would have to request it an make funding available. Commissioner Biddle - asked staff to investigate if the Midnight Expreso located in downtown Huntington Beach had received a permit for outdoor dining. He also asked staff to investigate the legality of the Waterfront Beach Cabana using a sign to advertise a separate entity. Staff stated they would investigate both items. Commissioner Biddle - asked staff the status of Code Enforcement of downtown outdoor dining and the status of the Carts and Kiosks Ordinance. Staff stated that they had found two (2) businesses downtown without outdoor dining permits and the Carts and Kiosks Ordinance was currently in the city Attorney's Office for review. Commissioner Richardson - discussed the Community Outreach program being held on June 19, 1993. He also reminded the Commission of their joint study session with City Council July 19, 1993 to discuss the code of Ethics proposal and the Community Development Department Audit performed by Arroyo Seco, Inc. F. COMMUNITY DEVELOPMENT ITEMS Mike Adams, Director Community Development, restated actions taken at the June 14, 1993 City Council meeting. PC Minutes - 6/15/93 19 (KL001) G. ADJOURNMENT A MOTION WAS MADE AT 9:21 PM BY RICHARDSON, SECOND BY BOURGUIGNON, TO ADJOURN TO A 5:30 PM STUDY SESSION WEDNESDAY, JULY 7, 1993, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED /kj 1 APPROV D B:� I' Mike Adams, Secretary 4PIann�iingv Commission Chairperson PC Minutes - 6/15/93 20 (KL001)