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HomeMy WebLinkAbout1993-09-21MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 21, 1993 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM 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 CODE AMENDMENT NO. 91-10 - DRAFT ZONING AND SUBDIVISION ORDINANCE (CONTINUED WITH PUBLIC HEARING OPEN FROM THE SEPTEMBER 8, 1993 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: City Wide The series of public hearings on the draft Zoning and Subdivision Ordinance continues with Title 23, Provisions applying in all or several districts. The subject of this portion of the public hearing series will focus on Chapters 232, Landscape Improvements, 234, Mobilehome Park Conversions, 235, Residential Condominium Conversions, and 236, Non Conforming Uses and Structures. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Chapters 232, 234, 235 and 236 of Title 23 of the draft Zoning and Subdivision Ordinance, recommend their adoption to the City Council, and continue Code Amendment No. 91-10 with the public hearing open to the October 5, 1993 Planning Commission meeting THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission expressed concern that the rewrite would allow certain projects to be acted upon by the Zoning Administrator rather than the Planning Commission. They were concerned that the Zoning Administrator hearings were less accessible to the public. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY GORMAN, TO CONTINUE CHAPTER 232 OF TITLE 23 TO THE OCTOBER 5, 1993 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY GORMAN, SECOND BY BOURGUIGNON, TO APPROVE CHAPTER 234 AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BOURGUIGNON, SECOND BY DETTLOFF, TO APPROVE CHAPTER 235, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Richardson, Dettloff, Gorman NOES: Biddle ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Minutes - 9/21/93 -2- (7480d) A MOTION WAS MADE BY GORMAN, SECOND BY BOURGUIGNON, TO APPROVE CHAPTER 236 AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY BOURGUIGNON, TO CONTINUE CODE AMENDMENT NO. 91-10 TO THE OCTOBER 5, 1993 PLANNING COMMISSION MEETING WITH PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED B-2 APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 93-31 (CONTINUED WITH PUBLIC HEARING OPENED FROM THE AUGUST 17, 1913 PLANNING COMMISSION MEETING): APPLICANT: Emil G. Varona APPELLANT: Debbie Cook, Planning Commissioner, City of H.B. LOCATION: 300 Pacific Coast Highway, Suite 101A (Pierside Pavilion) At the request of the applicant, Use Permit No. 93-31, an appeal of the Zoning Administrator's conditional approval to establish a newsstand (Taxi News) at the Pierside Pavilion, was continued from the July 7, 1993 and August 17, 1993 Planning Commission meetings. The appeal, filed by Planning Commissioner Debbie Cook, was based on - reasons that the newsstand use should be further discussed at the Planning Commission level. The action by the Zoning Administrator required modification of the applicant's proposal, permitting only one (1) outside newsstand. The approved newsstand was required to be recessed into the side of the north wall, adjacent to the stairway. Commissioner Cook believes the existing newsstand is an acceptable use for downtown; however, she feels the newsstand should be designed to be compatible with the adjacent businesses and uses. PC Minutes - 9/21/93 -3- (7480d) STAFF RECOMMENDATION: Staff recommends the Planning Commission grant the appeal and approve Use Permit No. 93-31 as modified by staff with findings and suggested conditions of approval. The modification is to allow additional racks inside and outside the lobby area (see Attachment No. 2) on a smaller scale than requested by the applicant, provided the racks are designed similarly, in order to be more compatible with the surrounding businesses. THE PUBLIC HEARING WAS OPENED. Emil Varona, 309 - 5th Street #D, applicant, gave a brief description of their request. Mr. Varona asked the Commission if he could re -address the Commission after they had received all public testimony. James Naismith, 309 - 5th Street #D, newsstand manager, gave and overview of the applicant's requested modifications to staff's proposed plan. He also stated he was available to answer any questions. Renata Koymzova, 14801 Adores #B, Midway City, spoke in support of the request. Suzanne Swanson, 8912 Boseen Circle, spoke in support of the request. Jeffrey Jacobson, 300 Pacific Coast Highway #101, spoke in support of the request. Jennifer Robin Erwin, 7935 Bay Drive, spoke in support of the request. Richard Thorpe, dba Pristine Porsche, 19401 MacGregor Circle, spoke in support of the request. Victor Broski, 225 - 5th Street, 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 with staff and the applicant, the feasibility of recessing the rack into the wall. They also discussed the addition of a six (6) month review to the conditions of approval. A MOTION WAS MADE BY DETTLOFF, SECOND BY GORMAN, TO GRANT THE APPEAL AND APPROVE USE PERMIT NO. 93-31 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Richardson, Dettloff, Gorman NOES: Biddle ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Minutes - 9/21/93 -4- (7480d) FINDINGS FOR APPROVAL - USE PERMIT NO 93-31: 1. The establishment, maintenance and operation of the proposed newsstand with outdoor display as modified by staff will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the newsstand will not impact pedestrian access to the Pavilion lobby, nor impact the public right-of-way. b. Property and improvements in the vicinity of such use or building. The modified proposal will not impact the architectural integrity of the Pierside Pavilion and will not adversely impact the surrounding businesses. 2. The granting of Use Permit No. 93-31 will not adversely affect the General Plan of the City of Huntington Beach. The proposed newsstand is consistent with the goals and objectives of the Visitor Serving Commercial Land Use designation of the General Plan. CONDITIONS OF APPROVAL - USE PERMIT NO. 93-31: 1. The floor plan dated September 23, 1993 (see Attachment No. 1) shall be the conceptually approved layout with the following requirements: a. The news racks shall not obstruct building exit paths, as required by Huntington Beach Building and Fire Codes. b. All racks shall be constructed of similar solid material (no wire racks) and be the same color as previously approved by the Design Review Board. 2. Within 60 days the applicant shall: a. Complete all requirements of this use permit. b. Remove all racks not approved pursuant to the approved site plan. 3. All merchandise shall be displayed within the approved news racks; except for Sunday newspapers. 4. A review of the use shall be conducted by the Planning Commission within six (6) months of the date of approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. 5. The Planning Commission reserves the right to revoke Use Permit No. 93-31, in accordance with due process, if repeated violations of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 9/21/93 -5- (7480d) 6. Use Permit No. 93-31 shall not become effective for any purpose until an "Acceptance of Conditions" form has been signed and notarized by the applicant, and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. B-3 CONDITIONAL USE PERMIT NO. 93-24: APPLICANT: Huntington Beach Pre -Schools LOCATION: 16081 Waikiki Lane (Haven View School) Conditional Use Permit No. 93-24 is a request to permit the establishment of a pre-school at the closed Haven View School site located at 16081 Waikiki Lane. The applicant has been occupying the existing 3,000 square foot, kindergarten building, since the closure of the school in June of 1992. The pre-school enrolls up to 54 children and provides all of the required recreational areas specified by the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve Conditional Use Permit No. 93-24 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Wendy Mello, 16232 Honolulu Lane, adjacent resident, spoke in support of the request. Ann Balasuriya, 1284 Starlh Drive, Laguna Beach, representing applicant, gave a brief description of their request. 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. 93-24 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 PC Minutes - 9/21/93 -6- (7480d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-24: 1. The establishment, maintenance and operation of the pre-school will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the proposed pre-school will not generate traffic or noise impacts to the surrounding neighborhood. 2. The location, site layout, and design of the pre-school properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The pre-school will operate out of an existing 3,000 square foot school building at a closed school site. 3. The granting of Conditional Use Permit No. 93-24 will not adversely affect the General Plan of the City of Huntington Beach. The proposed pre-school is consistent with the Low Density Residential land use designation of the General Plan, and Community Facilities -Education zoning designation of the City's Ordinance Code. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-24: 1. The site plan, floor plans, and elevations received and dated June 30, 1993 shall be the conceptually approved layout. 2. Hours of operation shall be restricted to 6:30 AM to 6:00 PM, Monday - Friday, except for occasional open house type events and special seasonal events. 3. Total enrollment shall not exceed 54 children. 4. Fire Department Requirements are as follows: a. The applicant shall obtain clearance from the Fire Department within ten (10) days from the effective date of this approval. b. The alarm system shall be upgraded to comply with State Fire Marshall requirements for pre-schools. c. Fire extinguishers shall be provided in number and at locations specified by the Fire Department. d. Service roads and fire lanes, as determined by -the Fire Department, shall be posted and marked. e. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 5. The applicant shall obtain a Huntington Beach City Business License within thirty (30) days from the effective date of this approval. PC Minutes - 9/21/93 -7- (7480d) 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. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-24 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. CODE REQUIREMENTS: 1. The applicant shall meet all applicable local, State and Federal Fire.Codes, Ordinances, and standards. B-4 CONDITIONAL USE PERMIT NO. 93-14: APPLICANT: Edwin P. Mah LOCATION: 6002 Bolsa Avenue (southeast corner of Bolsa and Springdale) Conditional Use Permit No. 93-14 is a request to permit a 4,822 square foot commercial building in conjunction with an existing self serve service station. Uses within the commercial building will include an AM -PM convenience market and three (3) retail commercial suites. The existing pump islands and canopy will remain; the kiosk and propane dispenser will be removed. Other site changes will include landscaping and driveway modifications. STAFF RECOMMENDATION: Staff feels that the circulation pattern both on -site and off -site will be detrimentally impacted by the use and recommends denial of the project with findings. An alternative site plan has been included that addresses these concerns for Planning Commission consideration. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. - PC Minutes - 9/21/93 -8- (7480d) A MOTION WAS MADE BY BOURGUIGNON, SECOND BY COOK, TO APPROVE CONDITIONAL USE PERMIT NO. 93-14 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. 93-14: 1. The location, site layout as modified by staff, and design of the proposed self service service station with convenience market and retail commercial properly adapts the proposed structure and existing structure to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of the proposed commercial uses are property integrated. 3. The access to and parking for the self service service station with convenience market and retail commercial does not create an undue traffic problem. 4. The establishment, maintenance and operation of the self service service station with convenience market and retail commercial 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. 5. The granting of the conditional use permit will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-14: 1. The site plan as modified by staff (attached) shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. b. Depict all utility apparatus, such as but not limited to backflow 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. PC Minutes - 9/21/93 -9- (7480d) 3. c. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. d. Elevations shall depict colors and building materials proposed. e. 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. f. 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. g. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. 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, 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 9608 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. PC Minutes - 9/21/93 -10- (7480d) c. 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. d. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s), or irrevocable offer to dedicate, 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. e. A planned sign program shall be submitted and approved for all signing. Said program shall be approved prior to the first sign request. 4. The Public Works Department requirements are as follows: a. All applicable Public Works fees shall be paid. b. The most easterly driveway on Bolsa Street shall be widened to 30 feet per Standard Plan No. 212 A and B (radius type) and approved site plan. c. Traffic impact fees shall be paid at time of Certificate of Occupancy. 5. Fire Department Requirements are as follows: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. Fire lanes will be designated and posted to comply with City Specification No. 415. c. Address numbers will be installed to comply with City Specification No. 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 (1-1/1) inches. d. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. PC Minutes - 9/21/93 -11- (7480d) e. Gas dispensing must comply with Huntington Beach Fire Code Article 79, Division 9 requirements: 1. Attendant available to supervise operation. Must be able to visually observe operations or have video camera and screen to monitor from location in store. 2. Emergency shutoff device provided. 3. Posting property signs with safety rules for "no smoking" and "shut off engine", to use proper containers and posted within sight of each customer service. 6. 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. 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. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 10. Construction shall be limited -to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. PC Minutes - 9/21/93 -12- (7480d) 1 b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. 12. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 13. 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 CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. This conditional 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. B-5 CONDITIONAL USE PERMIT NO. 93-25: APPLICANT: Robert Mechielsen and Associates LOCATION: 211 Main Street Conditional Use Permit No. 93-25 is a request for establishment of a 3,484 square foot restaurant, which includes an on -site 174 square foot dining patio, in an existing building at 211 Main Street and 412 square foot outdoor seating area within the public right of way (expanded sidewalk area adjacent to the curb). The restaurant will be offering alcoholic beverages and live entertainment. A conditional use permit is required for the sale of alcoholic beverages pursuant to Article 963 of the Huntington Beach Ordinance Code and a conditional use permit is required to establish the restaurant and to allow outdoor uses and live entertainment pursuant to Section 4.7.01 of the Downtown Specific Plan. STAFF RECOMMENDATION: The Downtown Specific Plan allows visitor -serving uses including restaurants. Staff feels that the use will be compatible with surrounding land uses based upon the conditions imposed and recommends approval of the project with conditions of approval. PC Minutes - 9/21/93 -13- (7480d) THE PUBLIC HEARING WAS OPENED. Victoria Collins, 604 S. Topana Canyon Boulevard, representing applicant, requested a change in the hours of operation to allow them to operate 24 hours a day on the weekends. Sidhoum Denis, 626 - 12th Street, chef at Niccole's, explained to the Commission the types of food and service the proposed use would be offering. Richard Harlow, 211 Main Street, property owner, expressed to the Commission the need for this type of restaurant in the downtown area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the requirements for cleaning the sidewalks as it pertained to outdoor dining. They also discussed whether they should make a determination on request to remain open 24 hours on weekends after a trial period of the previously approved restaurant with similar hours. A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 93-25 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, NOES: Gorman ABSENT: Inglee ABSTAIN: None MOTION PASSED Biddle, Richardson, Dettloff FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 93-25: 1. The proposed restaurant will be located in a structure that is properly adapted to streets, driveways, and adjacent structures in a harmonious manner. 2. The proposed restaurant is consistent with the uses permitted in Downtown Specific Plan District 5. 3. The proposed restaurant will be compatible with residential and public uses within 300 feet because: a. The restaurant will be subject to both Orange County Health Department and State Alcoholic Beverage Control'Board regulations. b. The public park is a small, passive park for limited visitor seating and is separated from the restaurant by other commercial uses. PC Minutes - 9/21/93 -14- (7480d) 1 4. The visitor -serving commercial use is consistent with the General Plan, in particular the Coastal and Land Use Elements. 5. The establishment and maintenance of the restaurant will not be detrimental to the general welfare of persons residing in the vicinity nor be detrimental to the value of properties and improvements in the Downtown area. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-25: 1. The site plan, floor plans, outdoor seating plan and elevations received and dated August 20, 1993 shall be the conceptually approved layout. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (ABC) Board license, along with any special conditions improved 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. 3. Prior to commencing live entertainment activities, a copy of an approved entertainment permit as issued by the Business License Department shall be submitted to the Department of Community Development. 4. Prior to issuance of a Certificate of Occupancy, the property shall submit to the Department of Community Development the following: a. Proof of payment of in -lieu fee for 27 parking spaces as required for the restaurant use. If the use changes, the in -lieu fee shall be non -transferable to an off -site user. b. A copy of the Encroachment Permit as issued by the Public Works Department. An Encroachment Permit shall be in effect for one (1) year from the date of issuance and may be renewed. The Encroachment Permit shall be subject to termination at any time on a 10-day prior written notice upon determination of the City Engineer that one (1) or more of the conditions or provisions of the conditional use permit applicable to the outdoor use have been violated. Termination of the Encroachment Permit shall immediately nullify the conditional use permit applicable to outdoor use on public property. c. A copy of the public liability insurance policy as specified in the current insurance resolutions of the City of Huntington Beach. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times during which the conditional use permit for outdoor use is valid. PC Minutes - 9/21/93 -15- (7480d) d. A copy of the Maintenance Agreement with Public Works Department for the maintenance of all portions of the public property adjacent to the building. 5. The use shall conform with the following: a. The hours of operation shall be limited to: Restaurant Sunday - Thursday 6:30 a.m. - 2:00 a.m. Friday - Saturday 6:30 a.m. - 6:30 a.m. (24 hours) Outdoor Dining Everyday 6:30 a.m. - 12:00 a.m. b. Alcoholic beverages shall not be served on public property. c. A minimum of 3 feet shall be provided between tables on public property. d. The outdoor dining areas shall be separated from the public passage area of the sidewalk by a cordon. Minimum sidewalk clearance width shall be five (5) feet. e. Outdoor dining on public property shall comply with all provisions of the sidewalk cafe ordinance when adopted which are more restrictive than the conditions herein. f. Live entertainment shall be restricted to the interior of the building. 6. Any signs for the restaurant proposed on, or visible from, the exterior of the building shall be submitted for review and approval of the Design Review Board prior to approval of a sign permit. 7. Fire Department requirements are as follows: a. An automatic fire sprinkler system will be required to be installed throughout the building if any area above the first floor is used for dancing, drinking, dining or other similar assembly use. b. All exists and aisleways must comply with the Uniform Building Code. Exit doors must swing in the direction of egress and be equipped with panic hardware. c. Address numbers minimum four (4) inches in height must be posted in a conspicuous location near the front entry. d. Fire extinguishers and fire protection systems must be installed pursuant to Uniform Fire Code Standards. PC Minutes - 9/21/93 -16- (7480d) 1 e. The trash area in the back of the building shall be protected from the adjacent combustible walls by a separation greater than five (5) feet or an Automatic Sprinkler shall be installed to protect the was per Fire Department standards. 8. Should the need for Police Department services increase beyond a level acceptable to the Police Department or Community Development Department then the applicant shall be responsible for providing up to two (2) security guards to monitor indoor and outdoor activities as a result of the restaurant, alcohol, and live entertainment use. 9. A review of the use shall be conducted by the Planning Commission within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to review the outdoor dining hours and 24-hour business operation on Friday and Saturday. If at that time, the use has been operating in accord with the conditions herein and determined to be compatible with other downtown uses, the 24-hour business operation may be extended Sunday through Thursday if requested by the applicant. 10. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or Huntington Beach Ordinance Code occurs. 11. This conditional use permit shall not become effective for any purposed unless an "Acceptance of Conditions" form has been signed by the applicant and property owner, notarized and returned to the Planning Division and until the ten (10) day appeal period has elapsed. CODE REQUIREMENTS: 1. The proposed use shall comply with all applicable provisions of the Municipal, Ordinance, Fire and Building Codes. 2. This conditional use permit shall become null and void unless exercised within one 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 Division a minimum 30 days prior to the expiration date. PC Minutes - 9/21/93 -17- (7480d) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JULY 20, 1993: A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 20, 1993, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: Cook, Biddle MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES E-1 Commissioner Biddle - request reconsideration for the following items heard and approved unanimously by the Planning Commission at the September 8, 1993 meeting: CODE AMENDMENT NO. 91-10 - DRAFT ZONING AND SUBDIVISION ORDINANCE: Applicant: City of Huntington Beach Request: Reconsideration of the Planning Commission's action to approve Chapters 210 and 211 of Title 21 of the Zoning Ordinance. CONDITIONAL USE PERMIT NO. 93-19: Applicant: Joe Rivello Request: Reconsideration of the Planning Commission's action to approve a restaurant with beer and wine sales -and 24 hour operation on Friday and Saturday. Location: 221 Main Street. COMMISSIONER BIDDLE WITHDRAW HIS REQUEST FOR RECONSIDERATION FOR THE ABOVE TWO ITEMS E-2 Commissioner Cook - discuss handout regarding tree size. Commissioner Cook requests postponement of this discussion. PC Minutes - 9/21/93 -18- (7480d) 1 E-3 Commissioner Bo rgui non - Municipal Code Amendment for cantilevered decks. A MOTION WAS MADE BY BOURGUIGNON, SECOND BY RICHARDSON, TO DIRECT STAFF TO MODIFY THE MUNICIPAL CODE FOR CANTILEVERED DECKS, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED Commissioner Dettloff - asked staff for a report on the apartment conversions into affordable housing condominiums, and the reasons it seems to have failed. Commissioner Gorman was appointed to the Water Master Plan Committee, with Commissioner Richardson being the alternate. F. COMMUNITY DEVELOPMENT ITEMS Scott Hess, Senior Planner, restated actions taken at the September 20, 1993 Planning Commission meeting. G . ADJOURNMENT A MOTION WAS MADE AT 9:45 PM BY RICHARDSON, SECOND BY GORMAN, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON OCTOBER 5, 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 AP OVED BY: H Rd Ze ky, Sec tary PC Minutes - 9/21/93 4aang Commission Chairperson -19- (7480d)