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HomeMy WebLinkAbout1994-02-01APPROVED 4/5/94 [1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION T_UESDAY, FEBRUARY 1, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM CODE OF ETHICS REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Cook, Gorman, Inglee, Dettloff, Richardson, 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. None A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO - BRING ITEM B-9 TO THE FRONT OF THE AGENDA, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None PLEASE NOTE THAT THE MINUTES WILL REFLECT ACTIONS TAKEN IN THEIR ORIGINAL ORDER 1 B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 93-16/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-21/COASTAL DEVELOPMENT PERMIT NO. 93-9A (CONTINUED FROM THE DECEMBER 21, 1993 PLANNING COMMISSION MEETING): APPLICANT: Frank Alfonso LOCATION: 119 Main Street Conditional Use Permit No. 93-16, Conditional Exception (Variance No. 93-21 and Coastal Development Permit No. 93-9A are requests to establish a 3,500 square foot restaurant with alcoholic beverage sales (beer and wine) and live entertainment and a variance for an 18 space parking reduction at 119 Main Street. This project was continued from the December 21, 1993, Planning Commission meeting to allow the applicant time to secure a restaurant operator and define the live entertainment. STAFF RECOMMENDATION: The applicant has requested a continuance to the February 15, 1994, Planning Commission meeting to allow him additional time to provide the complete information. A MOTION WAS MADE BY INGLEE, SECOND BY RICHARDSON, TO CONTINUE CONDITIONAL USE PERMIT NO.93-16, CONDITIONAL EXCEPTION (VARIANCE) NO. 93-21, AND COASTAL DEVELOPMENT PERMIT NO. 93-9A TO FEBRUARY 15, 1994 AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/1/94 (pcm001) B-2 SPECIAL SIGN PERMIT NO. 93-13 (CONTINUED FROM THE DECEMBER 21. 1993 PLANNING COMMISSION MEETINGI: APPLICANT: Superior Electrical Advertising, Inc. LOCATION: 9891 Adams Avenue (northwest corner at Brookhurst) Special Sign Permit No. 93-13 is a revised request to permit an existing 45 foot high, 624 square" foot freestanding double pole sign to remain at the northwest corner of Brookhurst and Adams (Mervyn's Shopping Center). In addition, the applicant requests to install a new sign face identifying Cudini & Lucas Jewelers, into an existing five (5) foot by 28 foot sign cabinet which is located directly under the Mervyn's and Thrifty/L.A.Tronics sign copies. The Cudini & Lucas Jewelers sign was installed without permits, which resulted in a violation notice issued by the City's Code Enforcement section in May of 1993. Following a request for prosecution to the City Attorney's Office, the applicant submitted this,special sign permit application requesting to keep the entire sign. The approval of Administrative Review No. 85-55 on January 29, 1986, to permit a 1,700 square foot restaurant addition within the Mervyn's Center, required the property owner to remove or alter the existing sign to comply with the City's sign code within two (2) years. The two (2) year sign amortization period ended January 29, 1988, and the sign is still erected. The sign is approximately 900 percent over what is currently allowed by code and is not proportionate in size with the center. Furthermore, the property owner has had ample time to comply with the previous conditions imposed over eight (8) years ago. STAFF RECOMMENDATION: Due to the size of the sign and the previous requirement to comply with the City's sign code by January of 1988, staff recommends the Planning Commission deny the request to allow the freestanding sign acid the sign face change with findings. THE PUBLIC HEARING WAS OPENED. Stan Janocha, 20781 Hunter Lane, applicant, submitted a letter to the Commission. Mr. Janocha gave a brief history of the"sign, and urged the Commission -to approve the request. PC Minutes - 2/1/94 3 (pcm001) 1 Leo L. Margarit, Cudini & Lucas Jewelers, 9891 Adams Avenue, store owner, stated that his business is not easily visible from the street. He asked the Commission to approve their request. Richard Harlow, 211 Main Street, representing applicant, asked the Commission to approve the request, or if they did not to continue the request until the City Council Sign Committee finishes their sign code rewrite. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BIDDLE, SECOND BY COOK TO DENY SPECIAL SIGN PERMIT NO.93-13 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Dettloff, Richardson, Biddle NOES: Inglee, Newman ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - SPECIAL SIGN PERMIT NO. 93-13: 1. Strict compliance with Article 961 will not result in a substantial economic hardship to the applicant because the shopping center is permitted a 15 foot high, 70 square foot freestanding sign, two (2) 30 square foot monument signs, and each business is allowed wall signage that provides adequate signage for the center. 2. There are no unusual site or building characteristics that preclude Cudini & Lucas Jewelers from yielding adequate signage from the provisions of the sign code. Secondary businesses in the shopping center are permitted wall signs, and can provide exposure by directing customers to the "Mervyn's Center" as intended by the Huntington Beach Sign Code. In addition, a sign panel on a monument sign would be permitted. PC Minutes - 2/1/94 4 (pcm001) 3. Due to the fact that there are no unusual site or building characteristics applicant to the site, approval of the 45 foot high, 624 square foot pole sign, and 140 square foot sign face change would be a grant of special privilege not enjoyed by surrounding properties. The existing 45 foot high freestanding sign was required to be removed or altered to comply with the City's sign code by January 29, 1988. The sign, in its present state, constitutes excessive signage, and is an aesthetic impact to the commercial center and to surrounding properties. B-3 COASTAL -DEVELOPMENT PERMIT NO. 93-28/CONDITIONAL USE PERMIT NO. 94-2 (CONTINUED FROM THE JANUARY 19 1994 PLANNING COMMISSION MEETINGI: 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 was continued at the January 19, 1994 meeting to allow for advertising of a Conditional Use Permit in conjunction with the Coastal Development Permit application. Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3 are a request by the County of Orange to review and approve the general design plans for Phase lA of the Bolsa Chica Regional Park. Phase 1A consists of development of a forty (40) space parking lot, two park entry points with signage, a vista overlook with interpretive signage, bicycle/pedestrian trails, two picnic areas, security lighting, perimeter fencing and signage, installation of ornamental and native plant materials and irrigation. Phase lA also includes creation of a 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. STAFF RECOMMENDATION: Staff recommends -that the Planning Commission approve the request because it is consistent with the General Development Plan and Environmental Impact Report that were conceptually approved by the Huntington Beach City Council in October of 1992 and conforms with the plans, policies, requirements and standards of the City's Local Coastal Program PC Minutes - 2/1/94 5 (pcm001) Staff from the Orange County Department of Harbours, Beaches and Parks gave a presentation to the Commission. The Commission discussed with City and County staff members, the extension of the drainage pipe lines and the filling of the gully. THE PUBLIC HEARING WAS OPENED. Terry Dolton, 17892 Shoreham Lane, Amigos de Bolsa Chica member, stated that since this park would be a buffer to the Bolsa Chica wetlands, native plants should play a major role beyond the trails and on top of the bluffs. He also stated that he wished to see the gully maintained as much as possible, adequate monitoring of the park, pursue acquisition - of additional property and have public participation. Lois Vackar, 6852 Bar Harbor, #B, stated her support for native plants and preservation of the gully. Virginia George, 16305 Niantic Circle, representing the Sierra Club, spoke in opposition to the request. Marcia Hanscom, 19276 Torrey Pines Circle, spoke in opposition to the request. Connie Boardman, 8401 Sweetwater Circle, stated concerns with the drainage waters being pumped into the wetlands and would rather have it drained through the gully. Jauna Mueller, 603-21 st Street, spoke in opposition to filling the gully. Eileen Murphy, 201-21st Street, spoke in opposition to filling the gully. Mary Bell, 20292 Eastwood Circle, Equestrian Center, stated her support and approval for the equestrian trails and future linkage of same. John Szymanski, 19261 Archfield Circle, stated his concern with the possibility of increased noise, trash, air pollution, traffic and crime if the request is approved. Dr. Buck Marrs, 19265 Archfield Circle, stated his concern with Seapointe Avenue connection to Pacific Coast Highway. His concerns included an increase in traffic volume and speed. He also stated that he disliked the idea of another parking lot, but if necessary would prefer its location at the Cherry Hill alternative. Barbara Mans, 19265 Archfield Circle, concerned with foliage being used to soften the parking lot. Thomas McAleer, 19275 Archfield Circle, spoke in opposition to the request. PC Minutes - 2/1/94 6 (pcm001) Victor Leipzig, 17461 Skyline Lane, urged the Commission to move forward with the plan with the modifications suggested by the residents. Dr. Louann Murray, 17451 Skyline Lane, stated her concerns regarding the restoration of fresh water wetlands, stating the failure rate for such restorations at 95%. She also suggested that they use native plants, preserve the gully, and use supplemental watering for first five (5) years. Mike Jones, 19267 Archfield Circle, spoke in opposition to the proposed parking lot location. Bill Ross, 19213 Seabrook Lane, spoke in opposition to the request. Gordon Labedz, 339 Regatta Way, Seal Beach, Surfrider Foundation, stated his concern with urban runoff -from the golf course being high in chemical content, and the pollution that will be caused by the increase in vehicle traffic. Jan D. Vandersloot, 8101 Newman #C, Bolsa Chica Land Trust, spoke in opposition to filling the gully. Donald Guillaume, 19243 Meadowood Circle, spoke in opposition to the request. He is concerned with the location of the proposed parking lot and the connection of Seapoint Avenue to Pacific Coast Highway. Dorthy Guillaume, 19243 Meadowood Circle, spoke in opposition to the request. Dianne Easterling, 203-8th Street, Huntington Beach Tomorrow, stated concerns regarding the parking lot, filling of the gully, retention of native plant life and bluff face preservation. THERE WERE NO"OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 2/1/94 3 (pcm001) The Commission discussed a continuance to allow the County to review the concerns of the residents and incorporate into the plan. The County supported a continuance and stated they would work with the citizens, staff and the Commission to come up with an alternative plan. Commissioner Cook spoke against a continuance, preferring to make a list to the County of their concerns and send to the City Council. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO CONTINUE COASTAL DEVELOPMENT PERMIT NO.93-28 AND CONDITIONAL USE PERMIT NO. 94-3 TO THE FEBRUARY 15, 1994 MEETING, TO ALLOW THE COUNTY TO RESPOND TO THE CONCERNS RAISED BY THE PUBLIC, BY THE FOLLOWING VOTE: AYES: Inglee, Dettloff, Richardson, Newman NOES: Cook, Gorman, Biddle ABSENT: None ABSTAIN: None MOTION PASSED B-4 SPECIAL SIGN PERMIT NO. 93-15/PLANNED SIGN PROGRAM NO. 93-4 (CONTINUED FROM THE JANUARY 19, 1994 PLANNING COMMISSION MEET1NGl: APPLICANT: San Pedro Sign Company LOCATION: 7225-7227 Edinger Avenue (northeast corner at Gothard Street) Planned Sign Program No. 93-4 in conjunction with Special Sign Permit No. 93-15 is a request for a comprehensive sign program with special permits for the Huntington Furnishings Mart located at 7225-7227 Edinger Avenue. The application includes special permits for two (2) freestanding signs that exceed the code requirements for height and area, five (5) wall signs that exceed the code requirements for allowable sign area, five (5) wall signs that do not conform to the allowable sign area, five (5) wall signs that do not conform to the locational requirements of the code, and one (1) tenant identification sign that does not conform to the locational requirements of the code and exceeds the allowable sign area for center identification signs. PC N inutcs - 2/1/94 8 (pcm001) STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve Planned Sign Program No. 93-4 and Special Sign Permit No. 93-14 with the following modifications: 1. That the two (2) freestanding signs be brought into conformance with the code requirements for height and area; 2. That the address of the center be placed on the center identification sign; 3. That the five (5) wall signs on the rear of the western building facing Goldenwest college be deleted from the plans; 4. That no individual tenant signs be placed on the eastern face of the northern building; and 5. That the center identification, wall sign be modified to meet the code limits for sign area allowed for freestanding center identification signs. The request was continued from the January 19, 1994, Planning Commission meeting due to the lateness of the meeting. Additional information in this report includes, a condition restricting the wall signs on the face of the northern building to channel letters, information about existing permitted wall signs that exceed code requirements (Angelus and Bernhards) and an existing freestanding sign. THE PUBLIC HEARING WAS OPENED. Janette Ditkowsky, 7225-7227 Edinger, representing the property owner, gave a description of the site. She stated they were requesting the sign for better visibility. Mark Frank, 19576 Elm Ridge Lane, representing applicant, described the proposed sign program request. Karen McFaul, 20911 Charwood Lane, representing applicant, described the proposed sign program. Irwin Greenberg, 7225-7227 Edinger, business owner stated that the proposed sign program would bring customers in generating a considerable sales tax revenue. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 2/1/94 9j (pcm001) 11 A MOTION WAS MADE BY INGLEE, SECOND BY NEWMAN, TO APPROVE SPECIAL SIGN PERMIT NO.92-15 AND PLANNED SIGN PROGRAM NO.93-4 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Inglee, Dettloff, Newman NOES: Gorman, Richardson, Biddle ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-15: 1. Strict compliance with Article 961 will result in a substantial economic hardship to the applicant due to the 350 foot setback and placement of adjacent buildings. 2. The proposed 22 foot -six (6) inch tall and eight (8) foot tall freestanding signs; plus the two (2) square feet of wall signage per linear footage of building frontage on the northern building; plus the 116 square foot center identification sign on the eastern face of the northern building will not adversely affect other signs in the area. 3. The proposed freestanding signs and wall signs will not obstruct pedestrian or vehicular traffic visions. FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 93-4: 1. Planned Sign Program No. 93-4 will provide signs that reflect a common theme for the site by incorporating similar design elements in terms of materials, colors, illumination and sign type. 2. Planned Sign Program No. 93-4 will provide for signs that will be compatible with the architectural style and color of the buildings. 3. The proposed signs will be compatible with other signs in the immediate vicinity. 4. The proposed signs are substantially in compliance with Article 961, Si ns, of the Huntington Beach Ordinance Code. PC N inutcs - 2/1/94 10 (pcm001) CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 93-15: 1. The site plan, floor plans, and elevations received and dated November 10, 1993 shall be the conceptually approved layout with the following modifications: a. The address of the center shall be depicted on the center identification freestanding sign (Sign A). b. The wall signs on the western, or rear (Sign F), face of the western building shall be deleted from -the plans: 2. No individual tenant wall signage shall be allowed on the eastern face of the northern building. 3. Wall signage on the southern face of the northern building shall be limited to channel letters. 4. No sign shall be installed, erected, altered or reconstructed without prior City approval and issuance of appropriate building permits. 5. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. 6. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, or in the parking lot and landscaped areas other than as permitted herein, excepted with the City and property owner's approval. 7. Special Sign Permit No. 93-15 shall not become effective for any purpose until a "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. 8. The Planning Commission reserves the right to revoke Special Sign Permit No. 93-15 if any violation of these conditions or the Huntington Beach Ordinance code occurs. CONDITIONS OF APPROVAL - PLANNED.SIGN PROGRAM NO. 93-4: 1. The site plan, floor plans, and elevations received and dated November 10, 1993, shall be the conceptually approved layout. 2. The address of the center shall be depicted on the freestanding center identification sign. 3. No individual tenant wall signage shall be allowed on the eastern face of the northern building. PC Minutes - 2/1/94 ° Il (pcm001) 4. No sign shall be installed, erected, altered or reconstructed without prior City approval and issuance of appropriate building permits. 5. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. 6. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, or in the parking lot and landscaped areas other than as permitted herein, excepted with the City and property owner's approval. 7. The following criteria shall make up the General Provisions of Planned Sign Program No. 93-4: - a. No audible, flashing or animated signs shall be permitted. b. No projections above or below the sign panel shall be permitted. c. Logo and name channel cabinets are permitted on sign panels only if it is part of an established trademark or tenant name. d. No exposed raceway, crossovers, conduits, conductors, transformers, or any similar device, shall be permitted. e. Wording of signs shall not include the product sold except as part of tenant's established trade name or insignia. f. The width of tenant's fascia sign shall not exceed 70% of the width of the leasehold width. The sign shall center on tenant's store front unless prior approval is _ obtained from the City. g. Sign area for the western building is based on 1.5 square foot of sign area for every one (1) foot of store frontage with a maximum of 200 square feet. Sign area on the northern building face is based on 2.0 square feet of sign area for every one (1) foot of store frontage. h. No labels will be permitted on the exposed surface of signs, except those that may be required by local ordinance which shall be placed in an inconspicuous location. i. Tenants shall be permitted to place upon the entrance of its premises not more than 144 square inches of decal application lettering not to exceed two (2) inches in height, indicating hours of business and emergency telephone numbers. PC Minutes - 2/1/94 12 (pcm0ol) j. Except as provided herein, no advertising place cards, banners, pennants, names, insignias, trademarks, or other descriptive material, shall be affixed or maintained upon the glass panes and supports of the show windows and doors, or upon the exterior walls of buildings. k. Each tenant which has a non -customer door for receiving merchandise may have uniformly applied on said door in four (4) inch high block letters, the tenant's name and address. Where more than one (1) tenant uses the same door, each name and address shall be applied. Tenants may install on the store front, if required by the US. Post Office, the numbers for the street address. m. It shall be unlawful for any person to exhibit, post or display, cause to be exhibited, posted or displayed upon any sign, anything of an obscene, indecent; or immoral nature or unlawful activity. n. No window signs will be permitted in excess of 20% of the total window area except as noted herein. No sign shall be installed, relocated, or maintained so as to prevent free ingress to or egress from any door. No sign of any kind shall be attached to a stand pipe except those signs as required by code or ordinance. o. Signs on or affixed to trucks, automobiles, trailers or other vehicles which advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries of sales or merchandise or rendering of services from such vehicles, is prohibited. p. Flags, banners, or pennants, or a combination of same, shall not be permitted without the approval of landlord and the City of Huntington Beach. 9. Any proposed sign that does not comply with the standards of Planned Sign Program No. 93-4 shall be subject to review by the Design Review Board and approval of a special sign permit by the Planning Commission. 10. This planned sign permit shall not become effective for any purpose until a "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. 11. The Planning Commission reserves the right to revoke Planned Sign Program No. 93- 4 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 2/1/94 13 (pcm001) B-5 ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT NO.90-1) COMPLIANCE REPORT (CONTINUED FROM THE JANUARY 19, 1994 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach - LOCATION: The Holly-SeacliffMasterplan 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 Planning Commission accept the 1993 Compliance Report and forward to the City Council for review. THE PUBLIC HEARING WAS OPENED. Tom Zanic, 520 Broadway, Santa Monica, 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. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO ACCEPT THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT COMPLIANCE REPORT AND FORWARD TO THE CITY COUNCIL FOR REVIEW, BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: Cook ABSENT: None ABSTAIN: None MOTION PASSED 14 PC Minutes - 2/1/94 i (pcm001) B-6 PRECISE PLAN OF STREET ALIGNMENT NO. 92-2(R)/NEGATIVE DECLARATION NO. 92-8(R) (CONTINUED FROM THE JANUARY 19 1994 PLANNING COMMISSION MEETINGI: APPLICANT: City of Huntington Beach LOCATION: Edinger Avenue between Gothard Street and approximately 350 feet west of Beach Boulevard. This is a request to establish the precise alignment of Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard on a segment commonly referred to as the Edinger Corridor. The proposed alignment will allow for additional turn lanes, landscape improvements and bus turnouts. The alignment will also aesthetically enhance the area and accommodate future commercial development of approximately 500,000 square feet. This plan will allow the City to make or require changes in the future and is not a construction plan. The precise plan will be implemented only when a mutually acceptable situation is agreed upon by the property owner and the City or imposed as conditions of approval during major redevelopment of affected property. This application was continued from the January 19, 1994 Planning commission meeting due to the lateness of the hour. No additional changes have occurred, except for an added footnote on Page No. 3. STAFF RECOMMENDATION: Planning Staff recommends that the Planning Commission approve Negative Declaration No. 92-8(R) and Precise Plan of Street Alignment No. 92-2(R) by adopting Planning Commission Resolution No. 1488 recommending adoption to the City Council. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO CONTINUE PRECISE PLAN OF STREET ALIGNMENT NO.92-2(R) AND NEGATIVE DECLARATION NO. 9208(R) TO THE FEBRUARY 15, 1994 -.-PLANNING COMMISSION MEETINC, DUE TO THE LATENESS OF THE HOUR, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/1/94 1`5 (pcm001) B-7 CONDITIONAL USE PERMIT NO.93-45 WITH SPECIAL PERMIT: APPLICANT: Donald Bruckman LOCATION: 5052 Warner Avenue (Existing Real Estate Office Building) Conditional Use Permit No. 93-45 is a request to construct a 4,216 square foot synagogue with meeting hall at 5052 Warner Avenue. The project also includes a special permit request for 5 compact parking spaces. The site is located on the south side of Warner Avenue approximately 200 feet east of Bolsa Chica Street. A conditional use permit is required to establish a church (synagogue) pursuant to Article 963, Unclassified Uses, of the Huntington Beach Ordinance Code. Presently the property is used as a real estate office. The existing building will be removed, the driveway will be relocated westerly, and several mature trees may be removed or relocated. STAFF RECOMMENDATION: Staff recommends approval of the project with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Stanley Factor, 3863 Humboldt Drive, spoke in support of the request. Donald Bruckman, 826 Fifth Street, Hermosa Beach, architect for the project, discussed their concerns regarding the replacement of trees at a 2:1 ratio, and also Condition No. 2g which could not occur because of a drainage easement. Janie O'Reilly, 6191 Eaglecrest Drive, spoke in support of the request. Sharon Silver, 16947 Roundhill Drive, spoke in support of the request. Rabbi Aaron David Berkwitz, 7052 Sunlight drive, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 2/1/94 1,6, (pcm001) A MOTION WAS MADE BY BIDDLE, SECOND BY GORMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 93-5 WITH SPECIAL PERMIT WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY -THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.93-45: 1. The location, site layout, and design of the proposed synagogue and meeting hall properly adapts the proposed structure to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The access to and parking for the proposed synagogue with meeting hall does not create an undue traffic problem. 3. The granting of a conditional use permit for a synagogue with meeting hall will not adversely affect the General Plan of the City of Huntington Beach. 4. The establishment, maintenance and operation of the synagogue with meeting hall will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood because the synagogue will allow residents in the vicinity to worship in a facility nearby and the facility will be architecturally compatible to commercial structures in the area. FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1. The special permit for five compact spaces will enhance the general appearances of the development and its surroundings. - 2. The requested special permit for five parking spaces results in a more effective and efficient circulation pattern and parking layout. 3. The requested special permit for five parking spaces will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. PC Minutes - 2/1/94 17 (pcm001) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 93-45: 1. The site plan, floor plans, and elevations received and dated January 20, 1994, shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to back flow devices and transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. c. Elevations shall depict colors and building materials proposed. d. 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. e. 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. f. 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. g. Maximum separation between the building wall and the east property line shall not exceed two (2) inches, unless proof of easement can be shown, in which case the building shall be located along the easement and a wing wall or similar design shall be incorporated to preclude access into the easement area. h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 2/1/94 1-8 (pcm001) 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set shall be submitted to the Departments of Community Development and Public Works and shall 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 coy 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 relocated if feasible, or replaced and incorporated into the project's landscape plan. 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. Hydrology and hydraulic studies shall be submitted for Public Works approval. d. All applicable Public Works fees shall be paid. e. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties to the west and to the east. 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. f. The property owner shall submit a Certificate of Compliance or a parcel map which grants legal building site status to the subject property. The parcel map or certificate shall be recorded with the Orange County Recorder, and a copy of the recorded map or certificate filed with the Department of Community Development prior to final inspection or occupancy. g. The property owner shall submit a covenant prohibiting the concurrent use of the synagogue and meeting hall. The covenant 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. L PC Minutes - 2/1/94 19 (pcm001) 4. The Public Works Department Requirements are as follows: a. Driveway approaches shall be a minimum of twenty-seven (27) feet in width and shall be of radius -type construction. b. Remove existing driveway and construct curb, gutter and sidewalk. 5. Fire Department requirements as follows shall be noted on the plans: a. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. Address numbers shall be installed to comply with City Specification #428. The size of the number for the building shall be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. c. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. d. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification #422 and 431 for the abandonment of oil wells and site restoration. e. The project shall comply with all provisions of the Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay districts. f. An approved fire -suppression system shall be provided for the protection of any commercial type food heat -processing equipment. 6. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within 12 months. 8. 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; PC Minutes - 2/1/94 2.0 (pcm001) 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. 9. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 10. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. - 11. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, returned to the Planning Division; and until the ten day appeal period has elapsed. CODE REQUIREMENTS: 1. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. _ Construction shall be prohibited Sundays and Federal holidays. 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 Department a minimum 30 days prior to -the expiration -date. 5. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. PC Minutes - 2/1/94 2� (pcm0ol) 1 B-8 CODE AMENDMENT NO. 93-8 (CONTINUED FROM THE DECEMBER 7 1993 PLANNING COMMISSION MEETING: APPLICANT: City of Huntington Beach LOCATION: The non certified coastal area of the City of Huntington Beach generally located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. Code Amendment No. 93-8 is a request by the City to amend Article 942 Coastal Conservation Article 969.9 Coastal Zone and Article 902 General Information, of the Huntington Beach Ordinance code in order to achieve consistency with the adopted Land Use Plan. The amendment includes clean-up language, and will require a conceptual development plan, environmental studies and restrictions on "CC" (Coastal Conservation) zoned property should any parties be proposed for development. This is the third component necessary to complete certification of the City's Local Coastal Program for the area along the inland side of pacific Coast Highway, between Beach Boulevard and the Santa Ana Rive, commonly referred to as the "white hole". The first component is the Land Use Plan which was adopted in 1987 by the California coastal Commission. Zoning on the property, which is the second component, was approved by the City council in 1990. STAFF RECOMMENDATION: Staff is recommending approval of the Code Amendment and forward to the City Council for adoption. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO CONTINUE CODE AMENDMENT NO.93-8 TO THE FEBRUARY 15, 1994 PLANNING COMMISSION MEETING DUE TO THE LATENESS OF THE HOUR, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/1/94 22 (pcm001) B-9 CODE AMENDMENT NO. 93-6/DRAFT NEGATIVE DECLARATION NO. 93-22: APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 93-6 is a request by the City of Huntington Beach to permit tattoo establishments -within the City subject to the approval of a conditional use permit. As proposed, tattoo parlors would be permitted within the Downtown Specific Plan, Districts 3, 5 and 6 and within the C2 and C4 Commercial Districts, subject to the following locational criteria: .1. Tattoo establishments shall not be located closer than 200 feet from any lot zoned "or general planned for residential use; 2. Tattoo establishments shall not be located closer than 500 feet from any lot upon which there is located a church or educational institution frequented by minors; and 3. Tattoo establishments shall not be located closer than 1,000 feet from any lot upon which there is located any adult business as defined in Section 975 or another tattoo establishment. In order to permit tattoo establishments within the Downtown Specific Plan, criteria one must be deleted from ordinance. STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve Negative Declaration No, 93-22 with mitigation measures and Code Amendment No. 93-6 with findings and suggested conditions of approval and forward to City Council for adoption. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO CONTINUE CODE AMENDMENT NO. 93-8 TO THE FEBRUARY 15, 1994 PLANNING COMMISSION MEETING DUE TO -THE LATENESS OF THE HOUR, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/1/94 23 (pcm001) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED NOVEMBER 3. 1993: A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 3, 1993 AS REVISED, 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 (CONTINUED FROM THE JANUARY 19, 1994 PLANNING COMMISSION MEETINGI: APPLICANT: City of Huntington Beach, Department of Public Works LOCATION: City-wide The proposed grading ordinance is intended to improve the City's ability to regulate grading and paving activities, and to reassign regulatory authority from the Director of Community development to the Director of Public Works. The existing grading ordinance assigns grading regulatory authority to the Director of Community Development. However, grading within the City is currently regulated by the Director of Public Work under provisions in the Huntington Beach Municipal Code and the Uniform Building Code. Technical and administrative provisions in the existing code are not adequate to properly regulate grading activities. The Department of Public Works has prepared a new ordinance which more thoroughly addresses grading specifications and administrative procedures. Current practice is to impose essentially the same grading requirements that are contained within the proposed ordinance. However, these requirements are imposed without authority of the Huntington Beach Municipal code. PC Minutes - 2/1/94 24 (pcm001) The proposed grading ordinance was submitted to the city Council on August 2, 1993. The Council referred the proposed ordinance to the Planning commission for review and approval prior to further Council action. The proposed ordinance was presented to the Planning Commission during study sessions on October 5, 1993 and November 16, 1993. This application was continued from the January 19, 1994 Planning commission meeting due to the lateness of the hour. No additional changes have occurred. STAFF RECOMMENDATION: Staff is recommending approval of the proposed Grading Ordinance amending Article 17 of the Huntington Beach Municipal Code. A MOTION WAS MADE BY RICHARDSON, SECOND BY COOK, TO APPROVE THE ORDINANCE DELETING HUNTINGTON BEACH - MUNICIPAL CODE, SECTIONS 17.04.100 AND 17.04.110, THE ORDINANCE AMENDING HUNTINGTON BEACH MUNICIPAL CODE, SECTION 17.04.090 AND THE ORDINANCE AMENDING HUNTINGTON BEACH MUNICIPAL CODE, ARTICLE 17 BY ADDING CHAPTER 17.05 AND FORWARD TO CITY COUNCIL WITH RECOMMENDATION FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED D-2 ONE (1) YEAR REVIEW - CONDITIONAL USE PERMIT NO. 91-48: APPLICANT: John Vaughan LOCATION: 7472 Warner Avenue The Planning Commission imposed a one (1)year review of Best Towing Service, a vehicle impound and storage yard, with their approval of Conditional Use Permit No. 91-48. The applicant has demonstrated compliance with all conditions of approval regarding construction of a solid masonry wall around the perimeter of the site, construction of a permanent office building, and installation of required landscaping. PC Minutes - 2/1/94 2,R (pcm001) STAFF RECOMMENDATION: Staff recommends approval of the one (1) year review with no additional annual reviews necessary. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE A ONE (1) YEAR REVIEW OF CONDITIONAL USE PERMIT NO. 91-48, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES None F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated actions taken at the January 31, 1994, City Council meeting. G. ADJOURNMENT A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, FEBRUARY 15, 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kjl APP ED BY: 7,., (' � - o and Z fs y, Scoet PC Minutes - 2/1/94 a� Qq2k'3� Planning Comission Chairpe n ,?,6 (pcm001)