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HomeMy WebLinkAbout1993-12-07MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, DECEMBER 7, 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, Gorman, Biddle, Richardson, Dettloff P P Newman, 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 A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO BRING PLANNING COMMISSION ITEM E-1 TO THE FRONT OF THE AGENDA, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None _ ABSENT: None ABSTAIN: None MOTION PASSED PLEASE NOTE THE MINUTES WILL REFLECT ACTIONS IN THEIR REGULAR ORDER B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 93-5/ENVIRONMENTAL ASSESSMENT NO. 93-20 (CONTINUED FROM THE NOVEMBER 16, 1993 PLANNING COMMISSION MEETING)• APPLICANT: Department of Community Services, City of Huntington Beach LOCATION: City-wide Code Amendment No. 93-5, in conjunction with Negative Declaration No. 93-20, is a request to establish zoning provisions to allow and regulate outdoor uses, i.e., carts, kiosks, and sidewalk cafes, on public or private property. This project was continued from the Planning Commission meeting of November 16, 1993. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Negative Declaration No. 93-20 and Code Amendment No. 93-5 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS CONTINUED OPEN FORM THE NOVEMBER 16, 1993 PLANNING COMMISSION MEETING. Jeff Goldfarb, 217 Hartford, spoke in opposition to the proposed ordinance, citing in -lieu parking fees as the main problem. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Inglee gave a report on the sub -committees findings. The main points include dividing the ordinance into two (2) sections, one (1) for outdoor dining and the one (2) for carts and kiosks. The committee preferred using a licensing fee instead of in -lieu parking fees and have the Zoning Administrator instead of the Planning Commission review and approve the applications. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO SEPARATE ORDINANCE INTO TWO (2) SEPARATE ORDINANCES; 1) CARTS AND KIOSKS; AND 2) OUTDOOR DINING DOWNTOWN; AND CONTINUE TO THE JANUARY 19, 1994 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 12/7/93 -2- (7540d) B-2 CODE AMENDMENT NO. 93-8 (CONTINUED FROM THE NOVEMBER 16, 1993 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: Inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. The City Council on June 21, 1993, directed staff to process a zone change for the "White Hole" area to bring zoning into conformance with the adopted land use plan and to complete certification of the City's Local Coastal Program. Ordinance No. 3033 was approved in 1990 which established new zoning on the subject property. That ordinance remains in effect, but is subject to certification by the California Coastal Commission. Code Amendment No. 93-8 is to amend Article 942, Coastal Conservation, and Article 969.9, Coastal Zone of the Huntington Beach Ordinance Code in order to achieve consistency with the adopted land use plan and to complete certification of the City's Local Coastal Program. The amendment includes clean-up language, and will require a conceptual development plan, environmental studies and restrictions on seven (7) parcels at the northeast corner of Beach Boulevard and Pacific Coast Highway should any portion be proposed for development. The Planning Commission's recommendation will be forwarded to the City Council for action. If adopted by the City Council, Code Amendment No. 93-8 along with Ordinance No. 3033 will be submitted to the California Coastal Commission for certification. STAFF RECOMMENDATION: - The Planning staff and City Attorney's office are still evaluating the details of the proposed Ordinance. It is recommended that the Planning Commission continue this item to the January 19, 1993, Planning Commission meeting. Commissioner Gorman stated he would be abstained for taking action on the request due to a conflict in interest. A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE TO CONTINUE CODE AMENDMENT NO. 93-8, TO THE FEBRUARY 1, 1994 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Newman NOES: None ABSENT: Inglee ABSTAIN: Gorman MOTION PASSED PC Minutes - 12/7/93 -3- (7540d) B-3 CONDITIONAL USE PERMIT NO. 93-29/COASTAL DEVELOPMENT PERMIT NO. 93-21 (CONTINUED FROM THE NOVEMBER 16, 1993 PLANNING COMMISSION MEETING): APPLICANT: Caffe Classico LOCATION: 101 Main, Suite 109 Conditional Use Permit No. 93-29 and Coastal Development Permit No. 93-21 are requests to establish a 2,181 square foot restaurant with live entertainment (Caffe Classico) at 101 Main Street. The restaurant includes a 162 square foot on -site outdoor dining area and a 409 square foot outdoor dining area on the public right-of-way (expanded sidewalk area adjacent to the curb). The restaurant will be quick serve offering breakfast, lunch and dinner. 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. The subject property is located in the Coastal Zone. A coastal development permit is required to establish an additional restaurant on this site. The Downtown Specific Plan allows visitor -service 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. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A question arose regarding the applicant's possible intent to withdraw his application. Since the applicant was not present at the meeting, a continuance was suggested in order to receive confirmation of his intent. A MOTION WAS MADE BY INGLEE, SECOND BY BIDDLE, TO CONTINUE CONDITIONAL USE PERMIT NO. 93-29 AND COASTAL DEVELOPMENT PERMIT NO. 93-21 TO THE DECEMBER 21, 1994 PLANNING COMMISSION MEETING, IN ORDER TO FURTHER CLARIFY THE APPLICANT'S INTENT, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: _None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 12/7/93 -4- (7540d) B-4 USE PERMIT NO 93-68/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-36/NEGATIVE DECLARATION NO. 93-16: APPLICANT: Jon E. Lundstrom, Lundstrom and Associates, Architects LOCATION: 16242 Beach Boulevard (southeast corner of Stark Avenue and Beach Boulevard) Use Permit No. 93-68 with Special Permit, Conditional Exception (Variance) No. 93-36 and Negative Declaration No. 93-16 is a request for a new retail shopping center at the southeast corner of Stark Avenue and Beach Boulevard. The subject property is the present site of Sports Chalet, the vacant La Chuga Mexican Restaurant and a former Unocal Gas/Service Station. The applicant is proposing to construct a new 50,000 square foot Sports Chalet, convert 14,400 square feet of the existing Sports Chalet to a bookstore, and construct a new 10,000 square foot records and tapes store. The submittal also includes conditional exception (variance) request to the method of calculating parking requirements, the number of total parking stalls required, and the required rear yard setback (5 feet in -lieu of 10 feet) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Negative Declaration No. 93-16 and approve Use Permit No. 93-68 with Special Permit and Conditional Exception (Variance) No. 93-36 with findings and suggested conditions of approval, because the applicant has submitted a parking and vehicle trip generation analysis that demonstrated the proposed number of parking spaces can meet the demand of all three (3) retail uses, even at peak hour demand. In addition, the five (5) foot rear setback with landscaping, results in a more architecturally pleasing project with easier maintenance potential. The project meets all other requirements of the Huntington Beach Ordinance Code. THE PUBLIC HEARING WAS OPENED. John Lundstrom, applicant, gave a brief description of the request and stated he 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. The Commission discussed the fire access being posted as a fire lane, whether the parking studies were based on peak hours or retail versus retail, and the landscaping involved should be that which was recommended by the Police Department. PC Minutes - 12/7/93 -5- (7540d) A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE NEGATIVE DECLARATION NO. 93-16, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BIDDLE, SECOND BY GORMAN, TO APPROVE USE PERMIT NO. 93-68 WITH SPECIAL PERMIT, CONDITIONAL EXCEPTION (VARIANCE) NO. 93-36 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT NO. 93-68 WITH SPECIAL PERMIT: 1. Use Permit No. 93-68 with Special Permit for the establishment, maintenance, and operation of the 74,400 square foot retail shopping center will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The project involves the consolidation of several parcels of land and the location, site layout and design of the proposed retail shopping center properly adapts the proposed structures and uses in a harmonious manner. The project will close and consolidate existing driveways to better align with median openings and turn lanes on Beach Boulevard and Stark Avenue . b. Property and improvements in the vicinity of such use or building. The applicant will dedicate a nine (9) foot strip of land along a portion of Beach Boulevard to the City for street widening purposes, the project is anticipated to result in less vehicle trips and, therefore, less congestion on the surrounding streets than previously existed on this site, the project will upgrade existing water service systems, and will tie into other existing City infrastructure. 2. The granting of Use Permit No. 93-78 with Special Permit will not adversely affect the General Plan of the City of Huntington Beach. The proposed 74,400 square foot is consistent with the goals and objectives of the General Commercial Land Use Designation of the General Plan. PC Minutes - 12/7/93 -6- (7540d) FINDINGS FOR APPROVAL - SPECIAL PERMIT FOR _16%COMPACT PARKING SPACES: 1. The special permit for 16 percent compact parking spaces (50 spaces) is consistent with the City's parking requirement of a maximum of 20 percent and will not result in a detrimental impact on the existing retail center or surrounding arterial highways. 2. The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses as indicated in the traffic study dated September 13, 1993. The required back up space and size of parking spaces will be provided. 3. The special permit will result in a more effective and efficient circulation pattern and parking layout. The combination of standard size and compact size parking will provide ample parking for the proposed retail uses. 4. The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-36: 1. There are exceptional or extraordinary circumstances or conditions applicable to the use of the buildings involved that do not apply generally to other property or uses in the district. The applicant has submitted a parking study that justifies an overlap of the peak parking demand for the center. 2. The granting of a conditional exception for a reduction of 74 parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 93-36 for a reduction of 74 parking spaces will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4. The reduction in parking spaces for the 74,400 square feet retail shopping center is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Commercial. 5. The granting of this conditional of the Huntington Beach Ordinance general purposes or intent of the sufficient parking for all retail study submitted by the applicant provided for all uses. exception from Section 9602.2R Code will not defeat the code which is to provide uses on -site. The parking demonstrates ample parking PC Minutes - 12/7/93 -7- (7540d) CONDITIONS OF APPROVAL - USE PERMIT NO. 93-68/CONDITIONAL EXCEPTION NO. 93-36• 1. The site plan, floor plans, and elevations received and dated December 1, 1993 shall be the conceptually approved layout with the following modification: a. Revise the row of 11 parking spaces located to the east of the pedestrian walkway so that vehicles must enter the stalls from the north. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit one (1) revised plan to the Planning Division pursuant to Condition of Approval No. la. b. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. c. 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. 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. The applicant shall complete and submit an asbestos disclosure form and follow standard procedure to notify the South Coast Air Quality Management District a minimum of ten. (10) days prior to any demolition. g. 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. h. 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. PC Minutes - 12/7/93 -8- (7540d) i. The site plan shall include (or -reference page) all conditions of approval imposed on the project printed verbatim. 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 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 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. Security type plants to reduce concealing and loitering shall be provided between the easterly wall of the easterly building (new Sports Chalet) and the easterly property line. 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. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. e. A parcel map consolidating all the subject parcels shall be submitted. Said map shall be recorded prior to final inspection and a copy submitted to the Department of Community Development. f. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for tenants/employees. PC Minutes - 12/7/93 -9- (7540d) g. 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 Phases I through IV. h. Submit copy of completed FEMA Elevation Certificate. i. A planned sign program shall be submitted and approved for all signing. Said program shall be approved prior to the first sign request. j. Submit a covenant to limit present and future retail uses to be identical or similar to those uses analyzed in the traffic and parking study dated September 13, 1993. The covenant shall stipulate that prior to approval of any proposed use other than those previously analyzed, a parking study prepared by a registered traffic engineer shall be submitted to assure that there is adequate parking on -site to accommodate peak hour demands. The covenant shall be reviewed and approved as to form by the City Attorney's Office and recorded at the Orange County Recorder's Office. A copy of the recorded document shall be submitted to the Community Development Department for inclusion in the file. k. Submit an interim parking plan for all phases of construction subject to review and approval by the Community Development Director. 4. The Public Works Department requirements are as follows: a. The Developer shall submit a separate utility plan, showing water system improvements including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with applicable sections of the Uniform Plumbing Code (U.P.C.), applicable City Ordinance, Public Works Standards and Water Division Criteria. These plans shall be approved, prior to any construction, by the Public Works Division and the City of Huntington Beach Fire Department. b. The water system shall be located within vehicle travelways in an easement dedicated to the City. The developer shall be held responsible for repairing or replacing any enhanced pavement, if the water mains, etc., require repair or -- maintenance. c. The water system shall be designed per the City of Huntington Beach Water Division's Design Criteria and installed per the City of Huntington Beach Water Division's Standard Plans and Specifications. PC Minutes - 12/7/93 -10- (7540d) d. The proposed water system -shall be looped to Beach Boulevard and Stark Avenue, as well as to the Von's Pavilion shopping center. (Minimum water main size shall be 8 inches.) The developer shall submit hydraulic calculations supporting the proposed water system design. e. Each proposed building shall have a separate, two (2) inch domestic water service per Water Division Standard Plans 603B and 609, and a separate fire service, four (4) inch minimum, per Water Division Standard Plan 618. f. The landscape irrigations system shall be designed and constructed to include a separate water service connection. g. The developer shall use "drought tolerant" plants and turf for all common area landscaping.- Landscape plans shall be approved prior to approval of grading plan. The developer shall submit irrigation demands to ensure proper irrigation service sizing. h. All backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. i. The developer shall be responsible for the payment of any additional fees adopted in the upcoming Water Division Financial Master Plan if adopted prior to issuance of building permits. j. Fire hydrant locations shall be approved by the Fire Department. Existing fire hydrant laterals shall be abandoned. k. Remove the existing tree on Stark Avenue. 1.- Remove the existing tree well, located within the parkway, on Stark Avenue. m. Remove existing driveways on Stark Avenue, adjacent to this project. n. A grading plan shall be reviewed and approved prior to issuance of building permits. o. All Public Works fees to be paid prior to issuance of building permits. p. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. PC Minutes - 12/7/93 -11- (7540d) q. Dedication required along Beach Boulevard prior to issuance of building permits. r. Remove and replace, to the new alignment, all existing street improvements along Beach Boulevard, adjacent to this project. s. All work along Beach Boulevard shall be constructed to Cal -Trans requirements. t. All proposed driveways along Stark Avenue shall be of radius type construction per standard plan no. 211A and B. u. A Parcel Map shall be required. V. Relocate the Stark Avenue main entrance one (1) parking stall east to align better with the median opening. 5. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 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. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 6. The applicant shall obtain demolition permits from the Community Development Department for all structures set for demolition. 7. The use of the property shall conform to the following: a. Any change to a different type of use other than identified in the parking study and/or covenant pursuant to Condition No. 3.j., noted herein, shall be subject to review and approval of a subsequent parking study, prepared at the expense of the property owner. PC Minutes - 12/7/93 -12- (7540d) b. The five (5) foot strip of land the entire length of the east property line shall be permanently landscaped and maintained by the property owner. No wall shall be permitted between the east side of the easterly building (new Sports Chalet) and the easterly property line abutting the alley. c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. No vehicle/truck loading or unloading shall be permitted from the residential alley along the easterly property line to the easterly building (new Sports Chalet). B. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 9. 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. 10. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 11. 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. 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 13. 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. b. The applicant shall restripe the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. PC Minutes - 12/7/93 -13- (7540d) c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 14. The Planning Commission reserves the right to revoke Use Permit No. 93-68 with Special Permit and Conditional Exception (Variance) No. 93-36 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 15. This use permit/conditional exception 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-5 CONDITIONAL USE PERMIT NO. 92-44/CONDITIONAL EXCEPTION (VARIANCE) NO. 92-47/NEGATIVE DECLARATION NO 92-40: APPLICANT: Dan Brimlow LOCATION: 8541 Edison Avenue Conditional Use Permit No. 92-44 is a request for "Approval in Concept" for a 310 foot tall communication tower pursuant to Article 963, Unclassified Uses, of the Huntington Beach Ordinance Code. The tower will be located in an existing non conforming storage yard. Conditional Exception (Variance) No. 92-47 has been initiated because the proposal does not comply with the Huntington Beach Ordinance Code, Article 953, which has a maximum building height of 40 feet. The applicant is requesting a height of 310 feet. The subject property is located at 8541 Edison Way, a private street, east of Newland Avenue and north of Pacific Coast Highway. If approved, in concept, the project will be forwarded to the California Coastal Commission for final approval. STAFF RECOMMENDATION: Staff recommends approval of the project because the tower will be located in an area with other utility structures that exceed the maximum height limit, will be compatible in color, and allow consolidation of future antennas onto a single structure. PC Minutes - 12/7/93 -14- (7540d) THE PUBLIC HEARING WAS OPENED. Daniel Brimlow, 31188 Water Avenue, Neuvo, applicant, stated he was available"to answer any questions the Commission may have. Jerry Dominguez, 7333 Bolsa Avenue Westminster, representing Southern California Edison Company, stated his concern with the proximity of the tower to the Edison plant in the event of structure failure. David Johnson, 215-1/2 Indianapolis Avenue, spoke in opposition to the request, citing concern for the integrity of the tower and possible radiation hazards. Darrell Daugherty, 1991 Village Park Way #140, Encinitas, representing applicant, addressed the concerns regarding the integrity of the tower. Mr. Daugherty sated that when re -assembled the tower would have to be re -inspected to assure safety. Robert London Moore, Jr., Mills Land and Water Company, stated his concern that adjacent residents had not been notified. Mr. Moore also stated that if the tower were to be allowed, complete clean-up of the Edison Way area should be conditioned as part of the approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated their concern that many adjacent residents were not notified. It was also expressed that there seemed to be adequate towers in the area, making this one unnecessary. The Commission also expressed concern regarding the age and integrity of the tower, the visual blight and excessive height. A MOTION WAS MADE BY INGLEE, SECOND BY NEWMAN, TO DENY NEGATIVE DECLARATION NO. 92-40, BY THE FOLLOWING VOTE: AYES: Gorman, Biddle, Newman, Inglee NOES: Cook, Dettloff ABSENT: Richardson ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY INGLEE, SECOND BY NEWMAN, TO DENY CONDITIONAL USE PERMIT NO. 92-44 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 92-47 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Dettloff, Newman, Inglee NOES: None ABSENT: Richardson ABSTAIN: None MOTION PASSED PC Minutes - 12/7/93 -15- (7540d) FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 92-47: 1. Since the subject property can be fully developed with other industrial uses, such a conditional exception for a communication tower is not necessary for the preservation and enjoyment of substantial property rights. 2. Granting of Conditional Exception (Variance) No. 92-47 for a 310 foot high communication tower would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The subject property was legally subdivided and developed in a manner consistent with applicable zoning laws. 3. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 92-44: 1. The proposed 310 foot high commercial tower will not be compatible with adjacent properties/uses because the tower may create adverse visual impacts due to the substantial height increase. Other structures in the vicinity do not exceed 212 feet in height. 2. The establishment, maintenance and operation of the communications tower will 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. The antennas have the potential of emitting radiation onto surrounding properties and onto persons and animals living or working in the vicinity of the proposed tower. b. Operation of the tower may create electrical disturbances to businesses and residents in the vicinity of the proposed tower. c. Testimony at the public hearing revealed that the structural stability of the 65 year old tower has been weakened by the two (2) previous dismantelings and reconnections, corrosion, and lack of maintenance or safety inspections. Therefore, the tower at the proposed location may be unsafe for installation. 3. There are sufficient communication opportunities within the City of Huntington Beach and other locations in the county are available for the proposed tower. In addition, construction of the proposed tower and future placement of a variety of antennas will be detrimental to the visual and aesthetic quality to persons utilizing Pacific Coast Highway, a scenic highway, which is within 2,000 feet of the subject property. PC Minutes - 12/7/93 -16- (7540d) 4. The granting of Conditional Use Permit No. 92-44 for a 310 foot high communications tower will adversely affect the General Plan of the City of Huntington Beach, in particular, the Scenic Highways Element. B-6 CONDITIONAL USE PERMIT N0, 93-22/COASTAL DEVELOPMENT PERMIT NO. 93-12: APPLICANT: Jerry Hennessy and Jeff Bergsma LOCATION: 200 Main Street, Suite 101 (formally Jack's Surfboards) Conditional Use Permit No. 93-22 and Coastal Development Permit No. 93-12 represent a request to establish a 3,600 square foot restaurant (B.J.'s Chicago Pizzeria) in an existing building at 200 Main Street. The restaurant will be a family -oriented pizzeria offering beer and wine with meals. A conditional use permit is required to establish the restaurant pursuant to Section 4.7.01 of the Downtown Specific Plan and for the sale of alcoholic beverages pursuant to Article 963 of the Huntington Beach Ordinance Code. The subject property is located in the Coastal Zone; therefore, a coastal development permit is required to establish the restaurant in a building currently used for retail commercial. 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. Jerry Hennessy, 4160 Beech Avenue, Yorba Linda, applicant, gave a brief description of the request and stated he was available to answer any questions the Commission may -have. Michael Fein, 714 Ocean Hill Drive, representing applicant, spoke in support of the project. 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 DETTLOFF, TO APPROVE CONDITIONAL USE PERMIT NO. 93-22 AND COASTAL DEVELOPMENT PERMIT NO. 93-12 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 12/7/93 -17- (7540d) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 93-22: 1. The proposed 3,600 square foot restaurant with beer and wine sales will be located in a structure that is properly adapted to streets, driveways and adjacent structures in a harmonious manner. 2. The proposed 3,600 square foot restaurant with beer and wine sales is consistent with the uses permitted in Downtown Specific Plan District 5a. 3. The proposed 3,600 square foot restaurant with beer and wine sales 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. Residential is buffered from the restaurant by existing commercial uses. c. The public park is a small, passive park with limited visitor seating and is separated from the restaurant by other commercial uses and Main Street. 4. Sufficient parking spaces exist in the vicinity to service the restaurant and in -lieu parking fees will be collected to offset any realized parking deficiency. 5. The visitor -serving commercial use is consistent with the General Plan, in particular the Coastal and Land Use Elements. 6. The establishment and maintenance of the 3,600 square foot restaurant with beer and wine sales will not be detrimental to the general welfare of persons residing or working in the vicinity, nor be detrimental to the value of properties and _improvements in the Downtown area. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 93-12: 1. The proposed 3,600 square foot restaurant with beer and wine sales conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 93-12 is consistent with the Downtown Specific Plan as well -as other provisions of the Huntington Beach Ordinance Code applicable to the property. PC Minutes - 12/7/93 -18- (7540d) 3. At the time of occupancy, the proposed 3,600 square foot restaurant with beer and wine sales can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed 3,600 square foot restaurant with beer and wine sales conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT N0, 93-22/COASTAL DEVELOPMENT PERMIT NO. 93-12: 1. The floor plan received and dated July 29, 1993 shall be the conditionally 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 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. 3. Prior to issuance of building permits, the applicant or property owner shall complete the following: a. Submit evidence of a City/Redevelopment Agency Agreement or similar instrument assuring in -lieu fee participation for 18 parking spaces that is approved as to form and content by the City Attorney's Office, Community Development Department and Economic Development Department and recorded on the property. The fee per space as established by the City Council shall be paid by the property owner or tenant on an annual basis for up to fifteen years. 4. Fire Department requirements are as follows: a. Submit a plan to the Fire Department for review and approval prior to issuance of permits. Such plan shall depict restaurant layout and describe and depict the dimension of aisleways and exits. b. The restaurant shall comply with the State Fire Marshal requirements per State Building Code (1991 UBC with amendments) including: 1. Exits and exit signs 2. Panic hardware 3. Door swing in the direction of egress c. Fire extinguishing system for kitchen hood system required per Article 10 of the Fire Code. PC Minutes - 12/7/93 -19- (7540d) d. Address numerals shall be displayed on or near the front entry in a visually accessible location per Huntington Beach Fire Department Standard 428. e. Extend automatic sprinklers and fire alarm system per Huntington Beach Fire Department standards. 5. 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. 6. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or Huntington Beach Ordinance Code occurs. CODE REQUIREMENTS: 1. The proposed use shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. Any live entertainment shall be subject to approval of a conditional use permit. 3. 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 sign 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 expiration. B-7 CONDITIONAL USE PERMIT NO. 93-21/COASTAL DEVELOPMENT PERMIT NO. 93-11• APPLICANT: Yuh-Hua Wong Wang LOCATION: 120 Main Street Conditional Use Permit No. 93-21 and Coastal Development Permit No. 93-11 represent a request to establish a 2,400 square foot restaurant (Wahoo's Fish Taco) in an existing building at 120 Main Street. The restaurant will be family -oriented offering beer and wine with meals. A conditional use permit is required to establish the restaurant pursuant to Section 4.7.01 of the Downtown Specific Plan and for the sale of alcoholic beverages pursuant to Article 963 of the Huntington Beach Ordinance Code. The subject property is located in the Coastal Zone; therefore, a coastal development permit is required to establish the restaurant in a building currently used for retail commercial. PC Minutes - 12/7/93 -20- (7540d) 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. Ed Lee, 1009 Arbor, Costa Mesa, restaurant owner, stated he 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. A MOTION WAS MADE BY DETTLOFF, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 93-21 AND COASTAL DEVELOPMENT PERMIT NO. 93-11 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 93-21: 1. The proposed 2,400 square foot restaurant with beer and wine sales will be located in a structure that is properly adapted to streets, driveways and adjacent structures in a harmonious manner. 2. The proposed 2,400 square foot restaurant with beer and wine sales is consistent with the uses permitted in Downtown Specific Plan District 3. 3. The proposed 2,400 square foot restaurant with beer and wine sales will be compatible with residential 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. Residential is buffered from the restaurant by existing commercial uses. 4. Sufficient parking spaces exist in the vicinity to service the restaurant and in -lieu parking fees will be collected to offset any realized parking deficiency. PC Minutes - 12/7/93 -21- (7540d) 5. The visitor -serving commercial use is consistent with the General Plan, in particular the Coastal and Land Use Elements. 6. The establishment and maintenance of the 2,400 square foot restaurant with beer and wine sales will not be detrimental to the general welfare of persons residing or working in the vicinity, nor be detrimental to the value of properties and improvements in the Downtown area. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-11: 1. The proposed 2,400 square foot restaurant with beer and wine sales conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 93-11 is consistent with the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 2,400 square foot restaurant with beer and wine sales can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed 2,400 square foot restaurant with beer and wine sales conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-21/COASTAL DEVELOPMENT PERMIT NO. 93-11: 1. The floor plan received and dated November 19; 1993, shall be the conditionally 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 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. 3. Prior to issuance of building permits, the applicant/property owner shall complete the following: a. Four feet of dedication along Main Street and two and one-half feet of dedication along the alley shall be irrevocable offered for street and public utility purposes. L PC Minutes - 12/7/93 -22- (7540d) b. Payment of all applicable Public Works fees. c. Submit evidence of a City/Redevelopment Agency Agreement, or similar instrument, assuring in -lieu fee participation for 12 parking spaces that is approved as to form and content by the City Attorney's Office, Community Development Department and Economic.Development Department, and recorded on the property. The fee per space as established by the City Council shall be paid by the property owner or tenant on an annual basis for up to 15 years. 4. Fire Department requirements are as follows: a. The restaurant shall comply with the State Fire marshal requirements per State Building Code (1991 UBC with amendments) including: 1. Exits and exist signs 2. Panic hardware 3. Door swing in the direction of egress b. Fire extinguishing system for kitchen hood system required per Article 10 of the Fire Code. c. Address numerals shall be displayed on or near the front entry in a visually accessible location per Huntington Beach Fire Department Standard 428. 5. 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. 6. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or 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 live entertainment shall be subject to approval of a conditional use permit. 3. Prior to issuance of a Certificate of Occupancy, all required traffic impact fees shall be paid. 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 sign permit. PC Minutes - 12/7/93 -23- (7540d) 5. 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 expiration. B-8 SPECIAL SIGN PERMIT NO. 93-11: APPLICANT: J. Scott Fawcett LOCATION: 17422-17438 Beach Boulevard (eastside of Beach Boulevard approximately 200 feet north of Slater Avenue) Special Sign Permit No. 93-11 is a request to retain two (2), 15 foot high non -conforming freestanding pole signs in lieu of compliance with Limited Sign Permit No. 91-9 which required the removal of the two signs by September 17, 1993. On September 17, 1991, the Planning Commission denied Special Sign Permit No. 90-9 which was a request to reface one (1) of the two (2) non -conforming pole signs on -site, but approved Planned Sign Program No. 91-7. The approval of the planned sign program allowed the retention of the two (2) pole signs for a maximum period of two (2) years (Limited Sign Permit No. 91-9) with the stipulation that the signs be removed and replaced with a seven (7) foot high monument sign as depicted in Planned Sign Program No. 91-7. Staff does not support the applicant's request because the applicant has already enjoyed the privilege of the use of the two (2) pole signs for a period of two (2) years, the signs are excessive in height, and the retention of two (2) poles signs on 80 feet of frontage is in violation of the sign code and is not in keeping with the policy of signs along Beach Boulevard. STAFF RECOMMENDATION: Staff recommends denial of Special Sign Permit No. 93-11 which would allow the two (2) non -conforming signs to be retained with findings for denial. THE PUBLIC HEARING WAS OPENED. J. Scott Fawcett, 8739 Hudson River Circle, Fountain Valley, applicant, stated concern that the monument sign proposed by staff will attract graffiti and diminish visibility, thereby, causing financial hardship on the business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission felt that the two (2) year extension on the pole signs were adequate, and could not support the applicant's request. 1 PC Minutes - 12/7/93 -24- (7540d) A MOTION WAS MADE BY COOK, SECOND BY DETTLOFF, TO DENY SPECIAL SIGN PERMIT NO. 93-11 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO. 93-11: 1. Strict compliance with Article 961 will not result in a substantial economic hardship to the applicant because adequate signage is provided by Planned Sign Program No. 91-7 and the applicant has enjoyed the privilege of using the signs for the past two (2) years. 2. The proposed pole signs may adversely affect other signs in the area. The signs are excessive in sign height, are located on only 80 feet of frontage and because the signs are not compatible with proposed and approved signs in the area. 3. The proposed signs may be detrimental to property located in the vicinity of such signs because of the signs excessive height, are located on only 80 feet of frontage and because the signs are not compatible with proposed and approved signs in the area. C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES E-1 SUSAN NEWMAN —request for reconsideration of Planning Commission's action on Special Sign Permit No. 93-14. TO RECONSIDER ACTION OF SPECIAL SIGN PERMIT NO. 93-14: MOTION Newman SECOND Richardson AYES 7 - NOES None ABSENT None ABSTAIN None APPROVED XX DENIED CONTINUED MOTION TO RECONSIDER PASSED PC Minutes - 12/7/93 -25- (7540d) SPECIAL SIGN PERMIT NO. 93-14 WILL BE RE -ADVERTISED FOR PUBLIC HEARING FOR THE JANUARY 4, 1994, PLANNING COMMISSION MEETING Commissioner Richardson - requested a review of Ellis-Goldenwest Specific Plan language regarding common improvements at the next Planning Commission meeting (December 21, 1993). Commissioner Biddle - asked staff if the Downtown Task Force was still meeting. Staff stated they were. Commissioner Biddle requested staff to relay the Planning Commission's concern that the number of businesses serving alcohol in the Downtown area is growing and should be monitored. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated action taken at the December 6, 1993, City Council meeting. Scott Hess, Senior Planner, reviewed the compliance report regarding Taxi Newsstand. The newsstand is in compliance with the conditions of approval. G. A MOTION WAS MADE BY BIDDLE, SECOND BY DETTLOFF, TO ADJOURN TO THE DECEMBER 21, 1993 REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Biddle, Richardson, Dettloff, Newman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 �\k&A:�Az Plannin Commission C a rperson f' J PC Minutes - 12/7/93 -26- (7540d)