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Home My WebLink About1994-01-19APPROVED 3/15/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION WEDNESDAY, JANUARY 19, 1994 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, Inglee, Dettloff, Richardson P P Newman, Biddle 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. Gerald Caterina, 119-15th Street, spoke in regards to item B-2. Mr. Caterina supported the addition of showers and bathrooms to the area. Lisa Anton, 113-11th Street, spoke in opposition to item B-2. Her concerns included safety and security of pedestrians, noise increase, gang problems and an increase in traffic congestion. Jim Smith, 211-12th Street, spoke in opposition to item B-2. He stated he would support a park in this area, but not a parking lot. Mr. Smith's concerns included increase in crime and financial costs involved to create and maintain. David McGorrin, 519-11th Street, spoke in opposition to item B-2. He stated he would support a park in the area with pedestrian amenities and recreational activities. John -Walt, 1400, Pacific Coast Highway #105, spoke -'-in opposition -to item B-2. Mr. Walt stated that the parking lots would have to be at full capacity year round in order to generate revenue for the maintenance. Cindy O'Dell, 2000 Pacific Coast Highway, #113, spoke in opposition to item B-2. Ms. O'Dell stated adequate parking along the coastline currently exists. Tim Wetzel, 511-21st Street, spoke in opposition to item B-2. Mr. Wetzel's concerns included an insufficient negative declaration, public safety, increase in traffic, excess trash and decrease in property values. Tim Murphy, 201-11th Street, spoke in opposition to item B-2. He stated he would only support a park in the area, including amenities such as showers and traffic signals to allow safer crossing at Pacific Coast Highway. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK AND ORAL COMMUNICATIONS WERE CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO BRING ITEMS ,B-4 and B-6 TO THE FRONT OF THE AGENDA, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None , ABSTAIN: None MOTION PASSED PLEASE NOTE THE MINUTES WILL REFLECT ACTIONS IN THEIR AGENDIZED ORDER B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 93-5 A & B/ENVIRONMENTAL ASSESSMENT 93-20 TCONTINUED FROM THE DECEMBER 7 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 outdoor cafes and carts/kiosks on private or public property. This project was continued from the Planning Commission meeting of December 7, 1993, to allow the draft ordinance to be separated into PC Minutes - 1/19/94 -2- (7546d) 1 two documents based on recommendations of the Planning Commission subcommittee. The code amendment has been divided into two (2) ordinances as follows: Code Amendment No. 93-5A reflects standards for outdoor dining as discussed and recommended by the Planning Commission sub -committee. Code Amendment No. 93-5B outlines standard for carts/kiosks and is still being discussed by the sub -committee. STAFF RECOMMENDATION: Staff recommends that Planning Commission approve Negative Declaration No. 93-20 and Code Amendment No. 93-5A, Outdoor Dining, with findings and forward to the City Council for adoption, and continue Code Amendment No. 93-5B, Carts and Kiosks. THE PUBLIC HEARING WAS OPENED. Dianne Easterling, 203-8th Street, representing Downtown Residents Association, submitted a letter to the Commission, expressing the Association's concerns. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the wording in the ordinance "public property" versus "public right-of-way". They requested that the ordinance incorporate the wording "public right-of-way". The Commission also discussed the possibility of grandfathering-in all current outdoor dining uses. Discussion also ensued regarding the Zoning Administrator handling the application hearings for outdoor dining. Concern arose over this, because the Zoning Administrator meets only during the day. It was suggested that the Zoning Administrator could meet at night on an as -needed basis. The Commission directed staff to send a communication to the City Administrator relaying this suggestion. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE NEGATIVE DECLARATION NO. 93-20, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 1/19/94 -3- (7546d) A MOTION WAS -MADE BY-.DETTLOFF, SECOND BY RICHARDSON, TO RECOMMENDCD- TO THE CITY COUNCIL THAT A FEE BE ESTABLISHED FOR LICENSING AGREEMENTS TO USE PUBLIC RIGHT-OF-WAYS AND PUBLIC AREAS FOR OUTDOOR DINING, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY INGLEE, SECOND BY NEWMAN, TO APPROVE CODE AMENDMENT NO. 93-5A AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES:_ Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY GORMAN, SECOND BY INGLEE, TO CONTINUE CODE AMENDMENT NO. 93-5B TO THE MARCH 1, 1994 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 COASTAL DEVELOPMENT PERMIT NO. 93-20/NEGATIVE DECLARATION NO. 93-19 (CONTINUED FROM THE JANUARY 4 1994 PLANNING COMMISSION MEETING)• APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: Coastal side of Pacific Coast Highway, between Goldenwest Street and Ninth Street. Coastal Development Permit No. 93-20, a request to permit bluff top park improvements and construction of a new 246 space beach parking lot below the bluffs on the ocean side of Pacific Coast Highway, between Goldenwest Street and llth Street, was continued from the January 4, 1994 Planning Commission meeting as a result of a (3-3) split vote. Following the public hearing and vote, the Planning 1 PC Minutes - 1/19/94 -4- (7546d) 1 Commission requested additional information on the proposed project_ from the Police Department. As a result, a representative from the Police Department will be present at the January 19, 1994 meeting to address any questions. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Coastal Development Permit No. 93-20 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS CLOSED AT THE JANUARY 4, 1994 PLANNING COMMISSION MEETING. Ron Hagan, Director of Community Services, gave a presentation on the proposal. The Commission discussed the number of parking spaces and the revenue that would be generated. There was concern expressed that the figures given represented the parking lot at full capacity year round, and maintenance costs were not incorporated. The Commission also discussed what would become of the grant fund monies, if this project was not approved. Lieutenant Poe, Huntington Beach Police Department, stated to the Commission that the proposed improvements would provide a safer environment for beach users and surrounding residents. Commissioner's Dettloff and Inglee stated their support for the project, while the remaining Commissioners stated their support for the area improvements without the parking lot. A MOTION WAS MADE BY BIDDLE, SECOND BY NEWMAN, TO DENY COASTAL DEVELOPMENT PERMIT NO. 93-20 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Richardson, Newman, Biddle NOES: Inglee, Dettloff ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BIDDLE, SECOND BY NEWMAN; TO TAKE MINUTE ACTION IN REFERRING TO THE CITY COUNCIL THE PARK PLAN WITHOUT A PARKING AREA TO THE CITY COUNCIL IF THIS ITEM SHOULD GO FORWARD ON APPEAL, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Richardson, Newman, Biddle NOES: Dettloff ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 1/19/94 -5- (7546d) FINDINGS FOR DENIAL ---•COASTAL DEVELOPMENT PERMIT -NO, 93-20: 1. The establishment, maintenance and operation of the bluff top park and lower beach parking lot will be detrimental to the general welfare of persons working or residing in the vicinity, as well as to property values and improvements in the area. With the conditions imposed, the bluff top improvements and lower bluff parking lot, including bicycle under crossings, will impact the surrounding residential streets nor will it impact traffic on Pacific Coast Highway. 2. The location, site layout, and design of the bluff top park and lower beach parking lot does not properly adapt the proposed streets, driveways, and other structures and uses in a harmonious manner. With the conditions imposed, the access -to and parking for the bluff top park and lower beach parking lot will create an undue traffic problem. 3. The granting of Coastal Development Permit No. 93-20 will adversely affect the General Plan of the City of Huntington Beach. The proposed bluff top park improvements and lower bluff beach parking lot are not consistent with the Open Space -recreation Land Use designation of the General Plan, City's Local Coastal Program, State Beach Master Plan, and Chapter 3 of the California Coastal Act. B-3 CONDITIONAL USE PERMIT NO. 93-33: APPLICANT: Sam Mamola Enterprises, Inc. LOCATION: 16450 Pacific Coast Highway (Former Red Onion at Peter's Landing) Conditional Use Permit No. 93-33 is a request to establish and operate a restaurant/bar with alcohol sales, live entertainment, dancing, billiard tables and coin -operated games at 16450 Pacific Coast Highway (Peter's Landing). The applicant proposes to occupy an existing 15,000 square foot, two (2) story building, formerly occupied by the Red Onion Restaurant, with a restaurant and an upscale billiards recreation center called "Coconut Beach Bar and Grill." The new business will consist of a restaurant on the first floor, serving contemporary California cuisine, while the second floor will include a cocktail bar, billiard tables, live entertainment, dancing, and coin -operated games. The applicant indicates that the problems encountered as a result of the Red Onion's uncooperative and insensitive attitude toward the adjacent residences will not occur with the day to day operation of Coconut Beach Bar & Grill. To address the potential noise impacts generated from the restaurant/bar, staff required the applicant submit a noise study completed by an independent noise engineer. The study addressed PC Minutes - 1/19/94 -6- (7546d) several noise sources including music generated from inside the restaurant building, car movements and alarms, and people talking/shouting within the parking lot area to name a few. STAFF RECOMMENDATION: With the suggested conditions imposed, including a six (6) month review which will give the Planning Commission the ability to modify or impose additional conditions, staff is recommending the Planning Commission approve Conditional Use Permit No. 93-33 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Win Lievsay, 2494 E Bristol Street, Suite 200, Santa Ana Heights, real estate broker for the center, spoke in support of the request and the tenant. Sam Mamola, 10327 Winnetka Avenue, applicant, gave a description of his proposal and his restaurant background. Mr. Mamola stated that his business would be more upscale than the previous tenant and he would work with the residents to avoid any problems. Gordon Brickin, 1621 E. 17 Street, Suite K, did a sound study for the applicant. He stated that with the proper noise management there will be no outside noise problems from inside uses. Sheila St. Clare, property manager Peters Landing, spoke in support of the project. Jack Milucky, 16947 Bluewater Lane, adjacent business owner and resident, stated that the previous business was not condusive to other businesses; the proposed project would have a positive impact on business in the center. John A. Mac Innes, 3241 Anne Circle, adjacent resident, spoke in support of the request. Robert Shackleford, 16885-Lynn Street, adjacent resident, spoke in support of the request. Patrick Fay, 16351 Grenoble Lane, adjacent resident, spoke in opposition to the request. Gillian Fay, 16351 Grenoble Lane, adjacent resident, spoke in opposition to the request, citing noise as her major concern. Toby Torrel, 16349 Grenoble Lane, adjacent resident, stated he endorsed the Police Department's position. Michael Alford, 16331 Grenoble Lane, adjacent resident, stated that he supported staff's position. Martin M. Jaconi, 16421 Martin Lane, adjacent resident, stated he was concerned with the noise that maintenance would make before 8:00 AM and after 8:00 PM. PC Minutes - 1/19/94 -7- (7546d) Lee Taylor, 16606 Bordeaux.Lane, adjacent resident,,spoke-in opposition to the request. Bob Giovanoni, 16425 Martin, adjacent resident, spoke in opposition to the request. Ernest Mijares, PO Box 456, Sunset Beach, spoke in opposition to the request citing noise as his major concern. Lt. C. Stuart, City of Huntington Beach Police Department, relayed problems with the previous establishment to the Commission. Det. I. Feuerstein, City of Huntington Beach Police Department, relayed history and previous problems to the Commission. Richard Harlow, 211 Main Street, spoke in support of the request. THERE WERE NO OTHER SPEAKERS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Inglee expressed his concern that the problems created by the Red Onion were being held against the applicant for the new proposed project. The Commission discussed sound proofing the wall adjacent to the residents, and the avenues which the adjacent residents could go if this restaurant created noise problems. The Commission felt that a meeting with Police, residents and two (2) members of the Commission was needed in order for all to come to an agreement on the issues brought forth. Commissioners Biddle and Inglee were assigned as the Commissioners and staff was directed to set up a meeting with the above mentioned participants. A MOTION WAS MADE BY NEWMAN, SECOND BY RICHARDSON, TO CONTINUE CONDITIONAL USE PERMIT NO. 93-33 WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, TO ALLOW THE POLICE DEPARTMENT, ADJACENT RESIDENTS AND PLANNING COMMISSIONERS, TO MEET AND SETTLE OUTSTANDING ISSUES, BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: Cook ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, TO CONTINUE THE PUBLIC HEARING ITEMS PAST THE 11:00 PM HOUR, PER PLANNING COMMISSION BY-LAWS. MOTION FAILS FOR LACK OF A SECOND, ALL REMAINING ITEMS WILL BE CONTINUED TO THE NEXT SCHEDULED MEETING OF FEBRUARY 1, 1994 PC Minutes - 1/19/94 -8- (7546d) B-4 COASTAL DEVELOPMENT PERMIT NO. 93-28: APPLICANT: Orange County Environmental Management Agency (Harbors, Beaches and Parks Division) LOCATION: 5801 Seapoint Avenue (west side of Seapoint Avenue between Palm and Garfield). Coastal Development Permit No. 93-28 is a request by the County of Orange to review and approve the general design plans for the 13 acres of Phase lA of the Bolsa Chica Regional Park that are located within the City of Huntington Beach and within the Coastal Zone. Phase lA consists of development of a 40 space parking lot, two park entry points with signage, a vista overlook with interpretive signage, bicycle/pedestrian trails, two (2) picnic areas, security lighting, perimeter fencing and signage, installation of ornamental and native plant materials and irrigation. Phase lA also includes creation of a two (2) acre wetland enhancement area located beyond the City's boundary within the County's jurisdiction. Because this area is outside the City's jurisdiction, the County will be applying directly to the California Coastal Commission to obtain a Coastal Development Permit for this area. Components of the General Design Plans for Phase lA of the Bolsa Chica Regional Park, specifically the filling of the gully, the pedestrian trails and the vista overlook, are located within the CC -CZ (Conservation -Coastal Zone) district and pursuant to Sections 9422.6(b) and 9422.6(f) of the Huntington Beach Ordinance Code are subject to conditional use permit approval. STAFF RECOMMENDATION: Staff is requesting continuance of Coastal Development Permit No. 93-28 to the February 1, 1994 Planning Commission meeting, to allow for re -advertising of a conditional use permit in conjunction with the coastal development permit. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO CONTINUE COASTAL DEVELOPMENT NO. 93-28 TO THE FEBRUARY 1, 1994 PLANNING COMMISSION MEETING, TO ALLOW STAFF TO RE -ADVERTISE FOR A CONDITIONAL USE PERMIT, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes-.1/19/94 -9- (7546d) B-5 SPECIAL. SIGN PERMIT NO 93-15 IN CONJUNCTION WITH PLANNED�SIGN PROGRAM NO. 93-4• APPLICANT: San Pedro Sign Company LOCATION: 7225-7227 Edinger Avenue (northeast corner at Gothard Street) ITEM CONTINUED TO THE FEBRUARY 1, 1994 PLANNING COMMISSION MEETING DUE TO THE LATENESS OF THE HOUR B-6 ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT NO. 90-1) COMPLIANCE REPORT: APPLICANT: City of Huntington Beach LOCATION: The Holly-Seacliff Master Plan Area The Holly-Seacliff Development Agreement requires the Developer and City staff to prepare annual monitoring and compliance reports. Staff has reviewed the 1993 Annual Monitoring Report for the period from November 5, 1992 through November 1993, submitted by Seacliff Partners, and has determined that the Developer has complied with the requirements of the Development Agreement. STAFF RECOMMENDATION: Staff recommends that the Planing Commission accept the 1993 Compliance Report and forward to the City Council for review. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO CONTINUE COASTAL DEVELOPMENT NO. 93-28 TO THE FEBRUARY 1, 1994 PLANNING COMMISSION MEETING, AT THE REQUEST OF SEACLIFF PARTNERS, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-7 PRECISE PLAN OF STREET ALIGNMENT NO 92-2(R)/NEGATIVE DECLARATION NO. 92-8(R): APPLICANT: City of Huntington Beach LOCATION: Edinger Avenue between Gothard Street and approximately 350 feet west of Beach Boulevard. ITEM CONTINUED TO THE FEBRUARY 1 1994 PLANNING COMMISSION MEETING DUE TO THE LATENESS OF THE HOUR PC Minutes - 1/19/94 -10- (7546d) I 1 C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED OCTOBER 19, 1993: A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED OCTOBER 19, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 PROPOSED GRADING ORDINANCE AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE: APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: City-wide ITEM CONTINUED TO THE FEBRUARY 1, 1994 PLANNING COMMISSION MEETING DUE TO THE LATENESS OF THE HOUR E. PLANNING COMMISSION ITEMS/INQUIRIES None F. COMMUNITY DEVELOPMENT ITEMS None G . ADJOURNMENT A MOTION WAS MADE BY INGLEE, SECOND BY BIDDLE, TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON FEBRUARY 1, 1994 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Cook, Gorman, NOES: Richardson ABSENT: Newman ABSTAIN: None MOTION PASSED /kj 1 APP OVED BY: Mi Adams, cr ar PC Minutes - 1/19/94 Inglee, Dettloff, Richardson, Biddle -11- �� 21=__01�) - Plann ir4 Commissio M airperson (7546d)