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HomeMy WebLinkAbout1993-11-03 (8)MINUTES HUNTINGTON BEACH PLANNING COMMISSION WEDNESDAY, NOVEMBER 3, 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 A P P P ROLL CALL: Cook, Bourguignon, Biddle, Richardson, Dettloff A 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. None B. PUBLIC HEARING ITEMS B-1 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO. 93-66: APPLICANT: Silvestre San Miguel APPELLANT: Ken Bourguignon, Planning Commissioner, City of Huntington Beach LOCATION: 6912 Edinger Avenue Use Permit No. 93-66, a request to establish and operate a mobile hot dog vending cart in front of the Home Depot store located at 6912 Edinger Avenue, was denied by the City's Zoning Administrator on September 15, 1993. The action was subsequently appealed by Planning Commissioner Ken Bourguignon on September 23, 1993. He believes that the vending cart should be permitted at the present location since other Home Depot stores have hot dog carts operating outside their stores. STAFF RECOMMENDATION: Staff supported the request at the Zoning Administrator level and remains in support of the hot dog vending cart use outside the building because the proposed hot dog cart is compatible with the Home Depot store by providing an added service to customers. Staff believes the hot dog cart will not adversely impact the circulation between vehicles, shoppers and patrons of the vending cart and therefore recommends the Planning Commission grant the appeal and approve Use Permit No. 93-66 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. James J. Fitzgerald, 8132 Slater, property manager for adjacent businesses, spoke in opposition to the request. He cited safety of children and competiveness with surrounding restaurants as his concerns. Jose Silvestre, Applicant, stated that he had letters from Home Depot stating that his business was not unsafe or detrimental to people or the Home Depot business. He also stated that he does pay rent fees and is insured. Steven Lund, 17036 Bluewater Lane, real estate broker, spoke in opposition to the request. He stated his concern for the safety of people, inadequate parking in the lot and excessive trash being generated. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST. The Commissioner's expressed their support for the project, with the removal of the table and chairs outside. A MOTION WAS MADE BY DETTLOFF, SECOND BY INGLEE, TO GRANT THE APEAL AND APPROVE USE PERMIT NO. 93-66 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Inglee NOES: None ABSENT: Bourguignon, Gorman ABSTAIN: None MOTION PASSED PC Minutes - 11/3/93 -2- (7472d) FINDINGS FOR APPROVAL - USE PERMIT NO.-93-66: 1. The location, site layout, and design of the mobile hot dog vending cart adjacent to the Home Dept building properly adapts to streets, driveways, and other adjacent structures and uses in a harmonious manner. The access to and parking to the Home Depot store and mobile hot dog cart does not create an undue traffic or circulation problem. 2. The proposed hot dog cart adjacent to the Home Depot building will not be detrimental to the general welfare of persons residing or working in the vicinity nor to the property and improvements in the vicinity. The location of the hot dog vending cart will not impact pedestrian or vehicular circulation. 3. The combination and relationship of one proposed to another on a site are properly integrated. The hot dog cart is compatible with the Home Depot store by providing an added service to the customers. 4. The granting of Use Permit No. 93-66 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor vending cart is consistent with the General Commercial land use designation of the General Plan. CONDITIONS OF APPROVAL - USE PERMIT NO. 93-66: 1. The site plan, floor plans, and elevations received and dated August 6, 1993 shall be the conceptually approved layout. 2. Fire Department requirements are as follows: a. A fire extinguisher shall be provided. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. 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. d. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and Standards. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. There shall be no outside display of merchandise in front of the Home Depot store. 5. The cart shall be removed and placed inside the building at the close of each day. PC Minutes - 11/3/93 -3- (7472d) 6. Placement of the cart shall allow a minimum clear passage width of four (4) feet on the sidewalk area. 7. No tables or chairs shall be permitted outside the building. 8. The Planning Commission reserves the right to revoke Use Permit No. 93-66 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 9. Use Permit No. 93-66 shall not become effective for any purpose until and "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. 10. Use Permit No. 93-66 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 Department of Community Development a minimum 30 days prior to the expiration date. B-2 CONDITIONAL USE PERMIT NO. 93-38: APPLICANT: Keith Glassman LOCATION: 221 Main Street Conditional Use Permit No. 93-38 is a request to establish a 1,342 square foot restaurant/retail business (Starbucks Coffee Company) in a building under construction at 221 Main Street and to permit two (2) outdoor seating areas, one (1) within the public right-of-way and one (1) on -site adjacent to the building. The restaurant will not be offering alcoholic beverages or live entertainment. A conditional use permit is required to establish the restaurant and to allow outdoor uses 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. THE PUBLIC HEARING WAS OPENED. Thomas Speroni, 2203 Airport Way, Seattle, WA, representing applicant, explained to the Commission their revised plan that they had submitted. He explained that they submitted Option "A", which they favored, and also Option "B" with a change in seating. PC Minutes - 11/3/93 -4- (7472d) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the applicant's request to remain open for 24-hou_rs and the outdoor dining in the walkway. A MOTION WAS MADE BY DETTLOFF, SECOND BY INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO. 93-38 OPTION "B" AS SUBMITTED BY THE APPLICANT WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Richardson, Dettloff, Inglee NOES: Cook, Biddle ABSENT: Bourguignon, Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-38: 1. The proposed 1,342 square foot restaurant/retail use with outdoor dining will be located in a structure that is properly adapted to streets, driveways, and adjacent structures n a harmonious manner. 2. The proposed 1,342 square foot restaurant/retail use with outdoor dining is consistent with the uses permitted in Downtown Specific Plan, District 5. 3. The visitor -serving commercial use is consistent with the General Plan, in particular the Coastal and Land Use Elements. 4. The establishment and maintenance of the 1,342 square foot restaurant/retail use with outdoor dining on private property only will not be detrimental to the general welfare of persons working or residing in the vicinity nor be detrimental to the value of properties and improvements in the Downtown area. 5. The outdoor seating plan for on -site dining use only will not impact the pedestrian traffic nor create a circulation problem within the Downtown Specific Plan Area. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 93-38: 1. The floor plan received and dated September 20, 1993, and the outdoor seating plan Option "B" received November 3, 1993 shall be the conceptually approved layout. 2. Prior to issuance of a Certificate of Occupancy, the property owner shall submit to the Department of Community Development the following: a. Proof of payment of in -lieu fee for 16 parking spaces as required for the restaurant use. PC Minutes - 11/3/93 -5- (7472d) 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. 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. 3. The use shall conform with the following: a. The hours of operation shall be limited to the following: Restaurant I. Sunday - Thursday 6:00 AM - 12:00 AM Friday - Saturday 6:00 AM - 6:00 AM (24 hours) _ b. A minimum of three (3) feet shall be provided between tables on public property. c. 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. d. Minimum sidewalk clearance width shall be ten (10) feet. 4. 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. 5. Fire Department requirements are as follows: a. Exits, aisle ways, corridors, signs shall comply with Chapter 33 of the State Building Code. b. Alarm system shall be installed for audibility, supervision - 24 hour, trouble, and water flow. PC Minutes - 11/3/93 -6- (7472d) c. Fire extinguishers shall be installed per Huntington Beach Fire Department standards. d. Address numerals shall be displayed on or near the front entry in a visually accessible location per Huntington Beach Fire Department Standard No. 428. 6. This conditional use permit shall not become effective for any purpose 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. 7. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions of Huntington Beach Ordinance Code occurs. CODE REQUIREMENTS: 1. The proposed use shall comply with all applicable provisions of the Municipal, Ordinance, Fire and Building Codes. 2. Any alcoholic beverage sales shall be subject to approval of a conditional use permit. 3. Any live entertainment shall be subject to approval of a conditional use permit. 4. 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 Division a minimum 30 days prior to the expiration date. B-3 TENTATIVE TRACT MAP NO. 14009 - SITE PLAN REVIEW: APPLICANT: Seacliff Partners LOCATION: Northwest corner of Garfield Avenue at Saddleback Lane. The applicant is requesting approval of a site plan review for the proposed eight (8) acre elementary school located at the northwest corner of Garfield Avenue and Saddleback Lane. The Site Plan Review is required pursuant to Condition of Approval No. 6 of Tentative Tract Map No. 14009. The review is limited only to the school site area for vehicular access and circulation conformance with the Ellis-Goldenwest Specific Plan. PC Minutes - 11/3/93 -7- (7472d) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the site plan review for Tentative Tract Map No. 14009 indicating compliance with Condition of Approval No. 6 (Final Tract Map) for the vehicular access and circulation plan for the proposed school site. The recommendation is based upon the limited location of vehicular access points, the school bus drop-off location on Garfield Avenue, the auto drop-off location on Saddleback Lane, and the minimal impact to the overall equestrian trail system along the perimeter. THE PUBLIC HEARING WAS OPENED. Carrie Thomas, 6642 Trotter Drive, stated that she supported the circular vehicle access, but was concerned with the grading that would be occuring. She also requested that Commission make the construction hours reasonable. John Mackey, 6712 Shire Circle, stated that he endorses the plan. Mary Bell, Equestrian Trails Inc. 20290 Eastwood Circle, stated her concern regarding the equestrian trails being completed in a timely manner. She also stated that she would be willing to work with staff and developer to develop the trails. Tom Zonic, 520 Broadway, Santa Monica, applicant, stated he was available to answer any questions the Commission may have. Chris Byrne, 6732 Alamitos Circle, stated his concern regarding the alignment and connections of the streets in the plan. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission, discussed with staff the conditions that existed on the tenative tract map and in the Specific Plan. The Commission asked staff to make the developer clear on these issues so they are not violated. A MOTION WAS MADE BY RICHARDSON, SECOND BY COOK, TO APPROVE SITE PLAN REVIEW FOR VEHICULAR ACCESS AND CIRCULATION CONFORMANCE PURSUANT TO CONDITION NO. 6 OF THE TENTATIVE TRACT MAP NO. 14009, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Inglee NOES: None ABSENT: Bourguignon, Gorman ABSTAIN: None MOTION PASSED PC Minutes - 11/3/93 -8- (7472d) FINDING FOR APPROVAL - TENTATIVE TRACT MAP NO. 14009 (SITE PLAN REVIEW): 1. The site plan dated September 30, 1993 identifies adequate vehicular access and circulation for the development of a school site and is in complaince with Condition No. 6 (Final Tract Map) of Tentative Tract Map No. 14009 and with the Ellis-Goldenwest Specific Plan. CONDITIONS OF APPROVAL - LOT NO. 97 OF TENTATIVE TRACT MAP NO. 14009 (SITE PLAN REVIEW): 1. All proposed curb returns and driveway widths shall comply with City of Huntington Beach Standard Plan No. 211 "A" and "B". 2. All fire access roads shall be in compliance with Huntington Beach Fire Code and City Specification No. 401. B-4 CODE AMENDMENT NO. 93-3/NEGATIVE DECLARATION NO. 93-13: APPLICANT: Frazer Tremblay Enterprises LOCATION: Commercial and Industrial Zones, City -Wide Code Amendment No. 93-3 in conjunction Negative Declaration No. 93-13 is a request to amend Articles 963, Unclassified Uses, 908, Definitions, and 960, Parking and Landscaping of the Huntington Beach Ordinance Code to permit indoor swap meets/flea markets in the non-residential zones subject to conditional use permit approval by the Planning Commission, and to provide a definition for indoor swap meet/flea market uses and establish a parking requirement for the use. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the request because the code amendment will establish more stringent parking standards and locational provisions for indoor swap meet/flea market uses in the commercial and industrial zones and will provide additional commercial opportunities in the City. The Commission discussed their concern regarding regulation of the sales tax revenue due the City. They felt there would not be adequate control. THE PUBLIC HEARING WAS OPENED. David L. Hirsch, 3030 Old Ranch Pkwy., Seal Beach, representing property owner, explained to the Commission how the property had been vacant for a few years, and they were having difficulty attaining an industrial tenant. He stated they need to find an alternative use for the building. PC Minutes - 11/3/93 -9- (7472d) Frazier Tremblay, applicant, gave_a brief description of the flea market he was proposing. He stated the business was very upscale with new products. Byron Stiegemeyer, 205 Wyals Loop, Irvine, representative from the swap meet at the Orange County Fair Grounds, explained to the Commission that the proposed swap meet would not have an impact on the Goldenwest Swap Meet. Bob Goodmanson, 34 Laconia, Irvine, real estate agent for the property, confirmed the need to find an alternative tenant, as an industrial tenant could not be found. Richard Harlow, 211 Main Street, representing the applicant, explained to the Commission that the request tonight was for a code amendment not a swap meet. He explained that if the code amendment was approved the application for a swap meet would be brought before them and they could work out the details. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission expressed concern with losing valuable industrial zone property because of a bad economy. They felt that when the economy improves industrial uses will be attracted to the area. They suggested the swap meet would be better suited in a Commercial area. A MOTION WAS MADE BY COOK, SECOND BY BIDDLE, TO DENY NEGATIVE DECLARATION NO. 93-13, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Dettloff NOES: Richardson, Inglee ABSENT: Bourguignon, Gorman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BIDDLE, SECOND BY DETTLOFF, TO DENY CODE AMENDMENT NO. 93-3 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Inglee NOES: None ABSENT: Bourguignon, Gorman ABSTAIN: None MOTION PASSED Fj I "1 J PC Minutes - 11/3/93 -10- (7472d) FINDINGS FOR DENIAL - CODE AMENDMENT NO. 93-3: 1. Code Amendment No. 93-3, to establish indoor swap meet/flea markets as a permitted use in industrial zones subject to conditional use approval, will adversely impact the industrial centers of the City because it allows for an additional non -industrial use to be established in the industrial zone. 2. Code Amendment No. 93-3, to establish indoor swap meet/flea markets as a permitted use in industrial zones subject to conditional use permit approval, will adversely impact the industrial land inventories of the City because it encourages non -industrial development in the industrial zone. 3. Code Amendment No. 93-3, to establish indoor swap meet/flea markets as a permitted use in industrial zones subject to conditional use approval, will adversely impact the amount of sales tax revenue directed to the City, since the nature of the use does not allow for any uniform collection of sales tax. THE COMMISSION REQUESTED THAT BY MINUTE ACTION, REGULATIONS FOR SWAP MEETS IN COMMERCIAL ZONES BE ADDED TO THE ZONING CODE, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Inglee NOES: None . ABSENT: Bourguignon, Gorman ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS D-1 ANGUS PETROLEUM YEARLY REVIEW/USE PERMIT NO. 88-25: LOCATION: The project site consists of two (2) blocks located on opposite corners as follows: 1801 Delaware - Block A (Tract 12747) - bounded by Springfield Avenue, Delaware Street, Rochester Avenue and California Street; and 1610 California - Block B (Tract 12746) - bounded by Toronto Avenue, California Street, Springfield Avenue and Huntington Street. PC Minutes - 11/3/93 -11- (7472d) Use Permit No. 88-25 was a request to develop an oil consolidation drill site at 1801 Delaware (Block A) and an associated oil facility at 1610 California (Block B). To date, ANGUS has complied with fifty of the fifty-seven conditions. The remaining seven conditions will continue to be pending items throughout the life of the project, since these conditions relate to maintenance operations. At the August 16, 1991 review, the Planning Commission directed staff to conduct a yearly review of the project and its conditions, in lieu of the previous five year review as required by Condition No. 53. According to the code enforcement records, four (4) citizen's complaints were received within the one (1) year review period (October 1992 - Present). The complaints alleged noise, odor, smoke, graffiti and oil rig violations to Use Permit No. 88-25, throughout the course of the year. Discussion of the complaints will be presented in more detail throughout the General Information section of the staff report. These complaints have been abated, and the fourth was unsubstantiated. The project continues to operate in full compliance with the fifty-nine (59) conditions of approval. It is viewed by the City as being a successful state of the art consolidation project that is surrounded by residentially zoned property. STAFF RECOMMENDATION: Staff recommends that the Planning Commission accept the annual review of Use Permit No. 88-25 and direct staff to schedule a review in one (1) year. A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON, TO ACCEPT THE ANNUAL REVIEW OF USE PERMIT NO. 88-25 AND DIRECT STAFF TO PREPARE AN UPDATE REPORT OF THE CONDITIONS FOR OCTOBER, 1998, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Inglee NOES: None ABSENT: Bourguignon, Gorman ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Dettloff - restated events of the Community Outreach program. Commissioner Inglee - requested staff to investigate who was responsible for the upkeep of the tennis courts on Heil Avenue and Saybrook. He stated they were in very bad condition and was concerned about the liability factor. PC Minutes - 11/3/93 -12- (7472d) 1 Commissioner Biddle - asked staff to explain the appeal process, staff did so. He also inquired about the trash enclosure for Niccole's Ristorante. Staff stated that the 90 day time limit for the trash enclosure began after City Council's final appeal date. Commissioner Richardson - questioned legal counsel on two items: 1) A City Council member had stated that they would appeal any decision by the Planning Commission that was approved without adequate parking. Counsel said the Commission should continue making discretionary decisions. 2) Commissioner Richardson stated that in other cities the appellant of a project cannot vote to prevent representing outside interests. Counsel said they would need direction from City Council for this type of process. Commissioner Cook - requested staff to investigate the Charter Center parking space measurements. Staff stated they would investigate. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, presented actions taken at the November 15, 1993 City Council meeting. G . ADJOURNMENT A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO ADJOURN TO A NOVEMBER 15, 1993 JOINT STUDY SESSION WITH CITY COUNCIL AT 5:30 PM, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, NOES: None ABSENT: Bourguignon, ABSTAIN: None MOTION PASSED /kj 1 Richardson, Dettloff, Inglee Gorman Planni Commis i n Chairperson PC Minutes - 11/3/93 -13- (7472d)