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HomeMy WebLinkAbout1994-02-15APPROVED 4/19/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 15, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM CODE AMENDMENT NO. 93-8: (White Hole Area) PLANNING COMMISSION COMMITTEE's: Meeting times, Commissioner Availability and alternates. REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P A 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 COOK, SECOND BY INGLEE TO MOVE ITEMS B-2, B-6 AND B-7 TO THE FRONT OF THE AGENDA, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None PLEASE NOTE THAT THE ACTION AGENDA WILL REFLECT ACTIONS TAKEN IN THE ORIGINAL ORDER B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.93-33 (CONTINUED FROM THE JANUARY 19, 1994 PLANNING COMMISSION MEETING): APPLICANT: Sam Mamola Enterprises, Inc. LOCATION: 16540 Pacific Coast Highway (former Red onion at Peter's Landing) Conditional Use Permit No. 93-33, a request by Mamola Enterprises, Inc. to establish and operate a restaurant/bar with alcohol sales, at 16450 Pacific Coast Highway (Peter's Landing) was continued from the January 19, 1994, Planning Commission meeting. At the meeting, there were several residents who spoke in opposition to the applicant's proposal because of the potential noise that would be generated from the music and from patrons leaving the establishment. Also present were representatives from the Police Department, who spoke in opposition to the applicant's live entertainment and dancing requests. The Commission directed staff to coordinate a meeting with the various parties to discuss the applicant's proposal. A meeting was scheduled for Wednesday, February 9, 1994, with the applicant, representatives of the Broadmoor Homeowners Association, Police Department, Planning staff and Planning Commission. Due to the lateness of the meeting and deadline of this staff report, a separate report on the outcome of the meeting will be distributed at the Planning Commission meeting. STAFF RECOMMENDATION: With the suggested conditions imposed, including a six (6) month review that 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. Attached are revised conditions of approval with three (3) revisions including specific types of live entertainment (4b), the requirement for doors and windows to remain closed (4d), and roving patrol outside the establishment (4e). THE PUBLIC HEARING WAS CLOSED AT THE JANUARY 19, 1994 PLANNING COMMISSION MEETING. Michael Alford, 16331 Grenoble Lane, representing Broadmoor Homeowners Association, stated they would be in favor of approving the request if the conditions that were discussed at the committee meeting were adopted as part of the approval. PC Minutes - 2/15/94 2 (pcm003) Detective Feuerstein, City of Huntington Beach Police Department, stated the Police still had concerns regarding the days and hours of operation, live entertainment and the impact this has on noise problems in the parking lot area. Commissioners Dettloff and Richardson attended the committee meeting. They stated that the conditions proposed by the committee seemed to take into consideration the concerns of the adjacent homeowners. They stated that with these conditions and public hearing reviews they could monitor the concerns created by the last tenant. Sam Mamola, applicant, stated he was in agreement with the conditions, except Nos. 4e and 5. A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 93-33 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-33: The establishment, maintenance and operation of the restaurant/bar with billiard tables, and live entertainment and dancing will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the proposed restaurant/bar will not adversely impact the surrounding residential and commercial properties. 2. The location, site layout, and design of the restaurant/bar properly adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The restaurant/bar will operate within an existing 15,000 square foot, two (2) story building at Peter's Landing Shopping Center and will comply with all applicable City codes, including Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. 3. The granting of conditional Use Permit No. 93-33 will not adversely affect the General Plan of the City of Huntington Beach. The proposed restaurant/bar is consistent with the Commercial Visitor -Serving land use designation of the General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-33: PC Minutes - 2/15/94 3 (p=003) 1. The site plan, floor plans, and elevations received and dated August 19, 1993, shall be the conceptually approved layout. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (ABC) Board License, along with any special conditions imposed by the 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 use of any live entertainment, the applicant shall obtain approval of an entertainment permit by the Police department, and provide a copy to Community Development staff. 4. The restaurant/bar shall comply with the following requirements: a. Hours of operation shall be limited to between 10:00 AM to 2:00 AM daily. b. Live entertainment and dancing shall be limited to: Sunday -Wednesday 6:00 PM to 1:00 AM Thursday 6:00 PM to 2:00 AM Friday -Saturday 11:00 AM to 2:00 AM Live entertainment may be permitted until 2:00 AM on nights before legal holidays and on special days (St. Patrick's Day, Fourth of July, etc.). Live entertainment may include amplified music and instruments; and shall be limited to the following types of live entertainment: 1. Live bands; 2. Recorded music (with or without DJ), including compact discs; 3. Stand up comedy; and 4. Karaoke. c. Sale of alcohol shall be prohibited after 1:00 AM (Sunday -Wednesday), 2:00 AM (Thursday -Saturday, nights before legal holidays and special days [St. Patrick's Day, Fourth of July, etc.]). d. The business shall restrict primary entry and exiting to the main first floor, south entrance, except for emergency purposes. All doors and windows shall be closed at all times except during emergency exiting. e. The applicant shall provide uniformed security personnel. This shall include roving patrol outside the business, including the east parking lot restricting patrons from parking adjacent to the Broadmoor condominium complex. PC Minutes - 2/15/94 4 (p=003) f. No trash disposal and maintenance type work shall be permitted before 9:00 AM or after 10:00 PM. g. The applicant shall post and maintain signs inside and outside of the restaurant prohibiting loitering in the parking lot, prohibiting alcohol from leaving the restaurant, horn blowing and loud radios. Permit parking only signs shall be posted along the right-of-way of parking spaces along the easterly property line, outside of the marina parking area. Post signs in restaurant advising patrons that the club will tow away any car whose car alarm activates in parking lot. h. The applicant shall be prohibited from having lines form outside the restaurant. i. During business hours, the business operator shall provide the neighbors, Police Department and code Enforcement section with a phone number by which the manager or similar personnel on -site can be contacted in the event of an emergency or nuisance for an immediate response. 5. Should the need for Police Department services increase beyond a level of acceptance to the Police Department or Community Development Department, the applicant shall be responsible for providing additional security guards to monitor indoor and outdoor activities as a result of the restaurant, alcohol and live entertainment use. Should this action be deemed insufficient by either the Police or Planning Department the Planning Commission will be advised and may take action via a public hearing to amend the conditions, hours, and/or types of entertainment. 6. If substantiated noise complaints are received by the Police Department or Code Enforcement section arising from within the restaurant, the applicant shall be responsible for submitting an additional noise study to conform the noise levels projected in the preliminary report. The report shall include additional mitigation to reduce noise to the residential properties. 7. Fire Department requirements are as follows: a. The applicant shall obtain a Fire Department permit for the public assembly use. b. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. c. A fire alarm system shall be installed to comply with the Huntington Beach Fire Department and Uniform Fire code Standards. The system shall provide water flow, valve tamper and trouble detection, and 24-hour supervision. d. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. PC Minutes - 2/15/94 5 (pcm003) e. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. f. Fire extinguishers shall be provided in number and at locations specified by the Fire Department. g. Address numbers shall be installed to comply with City Specification No. 428. h. Exit signs shall be in compliance with Huntington Beach Fire Code and Title 24 of the California Administrative code. 8. Prior to issuance of a Certificate of Occupancy the following shall be completed: a. All improvements included herein shall be completed (including Condition No. 4). b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. c. this conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 9. A review of the use shall be conducted within three (3) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance code and Municipal Code. If, at that time, there is a violation of these conditions or code sections, conditional Use Permit No. 93-33 may become null and void. 10. The Planning Commission reserves the right to revoke Conditional Us Permit No. 93- 33 if any violation of these conditions or the Huntington Beach City codes occur. 11. Conditional use Permit No. 93-33 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. PC Minutes - 2/15/94 6 (p=003) CODE REQUIREMENTS: 1. 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. 2. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 3. The development shall comply with all applicable provisions of the Ordinance code, Building Division, and Fire Department. 4. The applicant shall meet all applicable local, State and Federal Fire codes, Ordinances," and standards. S. All applicable Public Works fees shall be paid. 6. No sweeping or cleanup of the parking lot shall be permitted between 10:00 PM and 7:00 AM. B-2 COASTAL DEVELOPMENT PERMIT NO. 93-28/CONDITIONAL USE PERMIT NO. 94-2 (CONTINUED FROM THE FEBRUARY 1 1994 PLANNING COMMISSION MEETINGI: APPLICANT: Orange County Environmental Management Agency (Harbors, Beaches and Parks Division) district and are subject to conditional use permit approval. LOCATION: 5801 Seapoint Avenue (west side of Seapoint Avenue between Palm and Garfield). (See attached map) Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 was continued at the February 1, 1994, meeting to allow the Orange County Department of Harbors, Beaches and Parks to look into issues and suggestions brought up at the Public Hearing. The Orange County Department of Harbors, Beaches and Parks has requested that the Planning Commission continue Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 to the March 1, 1994 meeting, to allow their staff additional time to look into the issues raised at the February 1, 1994, hearing. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve their request for continuance to the March 1, 1994 meeting, to allow the County adequate time to respond to the issues raised at the February 1, 1994, public hearing. PC Minutes - 2/15/94 7 (p=003) A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO CONTINUE COASTAL DEVELOPMENT PERMIT NO.93-28 AND CONDITIONAL USE PERMIT NO. 94-2 TO THE MARCH 1, 1994 PLANNING COMMISSION MEETING AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO. 93-16/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-21/COASTAL DEVELOPMENT PERMIT NO. 93-9A (CONTINUED FROM THE FEBRUARY 1. 1994 PLANNING COMMISSION MEETING): APPLICANT: Frank Alfonso LOCATION: 119 Main Street Conditional Use Permit No. 93-16, Conditional Exception 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 February 1, 1994, Planning Commission meeting to allow the applicant additional time to secure a restaurant operator and define the live entertainment. STAFF RECOMMENDATION: Staff recommends denial of the conditional use permit, coastal development permit, and conditional exception (variance). An alternative action is suggested to allow the project without the variance to parking which will require the applicant to participate in the in -lieu parking fee program. The alternative action also includes non-use of the second floor (1,100 square feet) area of the building since it is not requested to be utilized by the applicant. THE PUBLIC HEARING WAS OPENED. Frank Alfonso, 6630 Vickiview Drive, West Hills, applicant, requested approval of his request, with a waiver on in -lieu fee parking and with no dedication of the property on Main Street. PC Minutes - 2/15/94 8 (pcm003) The Commission discussed the safety of the building with regards to earthquakes. They asked if this project was approved would the building be required to meet current earthquake safety standards. Staff stated that according to the Building Division, the building would have to be rehabilitated to conform to the earthquake standards pursuant to the Huntington Beach Municipal Code prior to being occupied for any use. A MOTION WAS MADE BY COOK, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO.93-16 AND COASTAL DEVELOPMENT PERMIT NO.93-9A WITH FINDINGS AND CONDITIONS OF APPROVAL AND DENY CONDITIONAL EXCEPTION (VARIANCE) NO.93-21, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Richardson NOES: Dettloff, Biddle ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-16: 1. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment 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 without use of the mezzanine area and with beer and wine sales and live entertainment is consistent with the uses permitted in Downtown Specific Plan, District 3 which allows these visitor serving uses subject to conditional use permit approval. 3. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment 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 uses are buffered from the restaurant by existing commercial uses. c. Live entertainment activity will be contained within the building. 4. Sufficient parking spaces exist in the vicinity to service the restaurant and in -lieu parking fees will be collected to off -set any -realized parking deficiency. PC Minutes - 2/15/94 9 (p=003) 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 and live entertainment 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. The use will provide additional dining and entertainment opportunities for residents, visitors and persons working in the vicinity. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.93-91: 1. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. The Coastal element encourages additional restaurants and other support facilities for visitors to the coastal Zone. 2. Coastal development Permit No. 93-94 with the following conditions of approval 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 without use of he mezzanine area and with beer and wine sales and live entertainment 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 without use of the mezzanine area and with beer and wine sales conforms with the public access and public recreation policies of Chapter 3 of the California coastal Act. CONDMONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-16/ COASTAL DEVELOPMENT PERMIT NO. 93-9A: The site plan received December 17, 1993, and the floor plan and elevations received and dated October 15, 1993, shall be the conditionally approved layout with the following modifications: a. Reduce the restaurant area to 2,400 square feet located only on the first floor. The second floor mezzanine shall not be used. b. The site plan shall be revised to show a new trash enclosure. PC Minutes - 2/15/94 10 (p=003) 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 commencing live entertainment activities, a copy of an approved entertainment permit as issued by the Business License Department shall be submitted to the Department of community development. 4. Prior to issuance of building permits, the applicant/property owner shall complete the following: a. Four (4) feet of dedication along Main Street shall be irrevocable offered for street and public utility purposes. 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. S. Fire Department requirements are as follows: a. Automatic fire sprinklers will be required throughout the entire occupancy if any portion of the second floor will be used for drinking and or dining per Uniform Fire Code Section 17.56.0559(c). b. Provide an automatic fire protection system for any commercial type food heating - processing equipment. c. Exits, aisle ways, corridors, signs shall comply with the Uniform Building code chapter 33. d. Fire extinguishers will be required per Huntington Beach Fire Code standards. e. Address numerals shall be displayed at the front entry in a visually accessible location per Huntington Beach Fire Department Standard No. 428. 6. This conditional use permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant and property owner, notarized and returned to the Planning Division and until the ten (100 day appeal period has elapsed. PC Minutes - 2/15/94 11 (p=003) 7. 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 REOUIREMENTS: 1. The proposed use shall comply with all applicable provisions of the municipal, Ordinance, Fire and Building Codes. 2. Live entertainment shall comply with the Noise Ordinance, Chapter 8.40 of the Huntington Beach Municipal Code. 3. A trash enclosure shall comply with Section 9730.60 of the Huntington beach Ordinance code. 4. Prior to issuance of a Certificate of Occupancy, all required traffic impact fees shall be paid. 5. 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. 6. 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. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-21 Since the property may be utilized as retail commercial with no increase in the parking requirement, such a conditional exception (variance) for deviation in parking requirement is not necessary for the preservation and enjoyment of substantial property rights. 2. Granting of Conditional Exception (Variance) No. 93-21 for deviation in parking requirements would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The Downtown specific Plan allows the payment of in -lieu parking fees to be used to satisfy the parking requirement. C PC N inutcs - 2/15/94 12 (p=003) B-4 PRECISE PLAN OF STREET ALIGNMENT NO. 92-2(Rl/NEGATIVE DECLARATION NO.92-8(R) (CONTINUED FROM THE FEBRUARY 1 1994 PLANNING COMMISSION MEETING): 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 February 1, 1994 Planning Commission meeting due to the lateness of the hour. 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. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Biddle, expressed his concern of not knowing what future development will occur if this request is approved. He was concerned with a loss of parking. Tony Folaron, Public Works, gave a general outline of the request to the Commission. He stated that a future development had not been proposed but guidelines could be imposed to control their concerns. PC Minutes - 2/15/94 13 (pcm003) A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO APPROVE NEGATIVE DECLARATION NO. 92-8(R), BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson NOES: Biddle ABSENT: Newman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO APPROVE PRECISE PLAN OF STREET ALIGNMENT NO. 92-2(R) BY ADOPTING RESOLUTION NO. 1488 AND RECOMMEND ADOPTION WITH FINDINGS OF APPROVAL TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson NOES: Biddle ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - PRECISE PLAN OF STREET ALIGNMENT NO.92-2(R): 1. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard is consistent with the goals and policies of the City's General Plan because it contributes to an efficient circulation system that minimizes adverse aesthetic impacts and environmental affects. 2. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard is consistent with the goals and policies of the Huntington Center Commercial District Redevelopment Plan, especially stimulating economic activity and improving circulation pattern in the area. PC Minutes - 2/15/94 14 (p=003) 3. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard will improve the traffic and circulation system by eliminating conflicts between buses and traffic, eliminating conflicts between turning cars and through traffic, and by improving signalization. 4. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard will improve the aesthetics of the area by providing cohesive landscaping improvements. B-5 CODE AMENDMENT NO. 93-8 (CONTINUED FROM THE FEBRUARY 1 1994 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 was continued from the February 1, 1994 Planning Commission meeting due to the lateness of the hour. The public hearing has not yet been opened. STAFF RECOMMENDATION: Staff is recommending approval of the Code Amendment and forward to the City Council for adoption. Commissioner Gorman stated he would be abstaining from action on this item in accordance with Planning Commission by-laws. THE PUBLIC HEARING WAS OPENED. Robin J. Hoff, 1605 W. Olympic 4700, Los Angeles, representing Caltrans, stated Caltrans opposition to a Coastal Conservation Overlay on their seven (7) acres of commercial property. Caltrans requested a delay in action until the General Plan update was approved or exclude their seven (7) acres from the Coastal Conservation Overlay. Eugenia Moore, Mills Land and Water Company, requested that any rezoning of property in this area be delayed until the General Plan update had been approved. PC Minutes - 2/15/94 15 (pcm003) Robert London Moore Jr., Mills Land and Water Company, requested that any rezoning of property in this area be delayed until the General Plan update had been approved. Linda Wilford, 2501 Pullman Street, Santa Ana, representing Caltrans, also requested that action be delayed until the General Plan update had been approved. Loretta Wolfe, 411-6th Street, representing Huntington Beach Tomorrow, spoke in support of the request. Gordon Smith, 6832 Bar Harbor, representing Huntington Beach Wetlands Conservancy, stated he support for the request. He stated this would help protect the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the legal issues involved with this request, mainly the Coastal Conservation Overlay proposed. Staff explained that the Code Amendment before them tonight, reflects the recommendations by the California Coastal Commission. It includes clean-up language and will be included in the Local Coastal Program which will be resubmitted to the Coastal Commission for certification if approved by the City Council. A MOTION WAS MADE BY BIDDLE, SECOND BY COOK, TO APPROVE CODE AMENDMENT NO.93-8 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Cook, Dettloff, Richardson, Biddle NOES: Inglee ABSENT: Newman ABSTAIN: Gorman MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 93-8: I. The proposed code amendment amending Articles 902, General Information, 942, coastal Conservation, and 969.9, coastal Zone, of the Huntington Beach Ordinance code is consistent with the General plan designations adopted by the city Council and the coastal Commission because it recognizes the goal of the adopted Land Use Plan. 2. The proposed cod amendment is consistent with the goals and policies of the coastal Commission and the city's Coastal Land Use Plan and reconciles the inconsistency between the land Use Plan and Implementation Plan. PC Minutes - 2/15/94 16 (p=003) B-6 CODE AMENDMENT NO.93-6/DRAFT NEGATIVE DECLARATION NO. 93-22 (CONTINUED FROM THE FEBRUARY 1, 1994 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: City-wide The Department of Community Development is requesting a continuance of Code Amendment No. 93-6 and Negative Declaration No. 93-2 to the March 1, 1994 Planning Commission meeting. The continuance will permit the Planning staff and the City Attorney's office additional time to modify the existing ordinance to permit tattoo establishments within the C2 and C4 Commercial Zones and Districts 3, 5 and 6 of the Downtown Specific Plan with the approval of a conditional use permit. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO CONTINUE CODE AMENDMENT NO.93-6 AND NEGATIVE DECLARATION NO.93-2 TO THE MARCH 1, 1994 PLANNING COMMISSION MEETING, AT THE REQUEST OF STAFF, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-7 CONDITIONAL USE PERMIT NO. 93-41/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-44 (CONTINUED FROM THE JANUARY 4 1994 PLANNING COMMISSION MEETING): APPLICANT: John Zubieta LOCATION: 9045 Adams Avenue Conditional Use Permit No. 93-41 and Conditional Exception (Variance) No. 93-44 is a request for a 3,000 square foot expansion to the existing Zubies Dry Dock Restaurant along with a 3,000 square foot take-out food area, and a 15,400 square foot commercial recreation facility pursuant to Section 9630.0 of the Huntington Beach Ordinance code. PC Minutes - 2/15/94 17 (p=003) The applicant had requested a withdrawal of his application for the restaurant expansion and new commercial recreation center when the item was previously scheduled for the January 4, 1994 Planning Commission meeting. The day of the hearing, however, the applicant requested continuance of the project to allow time to address staffs concerns with the project. The Planning Commission continued Conditional Use Permit No. 93-41 to the February 15, 1994 meeting. Subsequent to the continuance of this item, the applicant has once again requested withdrawal of the project STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the applicant's request to withdraw. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO ACCEPT THE WITHDRAWAL OF CONDITIONAL USE PERMIT NO.93-41 AND CONDITIONAL EXCEPTION (VARIANCE) NO.93-44 AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 94-1: APPLICANT: City of Huntington Beach, Department of Community Development LOCATION: 200 Main Street (Parking Structure) General Plan Conformance No. 94-1 is a request to determine if the transfer of title for the Main Street/Promenade Parking Structure, from the Redevelopment Agency to the City of Huntington Beach is in conformance with the General Plan. PC Minutes - 2/15/94 18 (p=003) 1 STAFF RECOMMENDATION: Planning staff recommends approval of the request based on the fact it is consistent with the Land Use, Circulation and Coastal Elements of the General Plan. Specifically, the transfer will allow for the continued operation of the parking structure that serves to help revitalize the downtown, create a pedestrian friendly atmosphere and provide adequate off -site parking for existing developments. A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE GENERAL PLAN CONFORMANCE NO.94-1 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Inglee, Dettloff, Richardson NOES: Cook, Gorman, Biddle ABSENT: Newman ABSTAIN: None MOTION FAILED MOTION TO APPROVE DENIED BY TIE (3-3) VOTE. ITEM AUTOMATICALLY CONTINUED TO THE MARCH 1,1994 PLANNING COMMISSION MEETING: C-2 PLANNING_ COMMISSION MINUTES DATED DUNE 8. 1993: A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED DUNE 8, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED PC Minutes - 2/15/94 19 (p=003) C-3 PLANNING COMMISSION MINUTES DATED NOVEMBER 16, 1993: A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, APPROVE PLANNING COMMISSION MINUTES DATED NOVEM 3ER 16, 1993, BY THE FOLLOWING VOTE: AYES: Cook, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED C-4 PLANNING COMMISSION MINUTES DATED DECEMBER 7, 1993: A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, APPROVE PLANNING COMMISSION MINUTES DATED DECEM 3ER 7, 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 None PC Minutes - 2/15/94 20 (p=003) E. PLANNING COMMISSION ITEMSANOUIRIES Commissioner Cook - requested a report from Public Works, explaining why the Garfield/Ellis intersection has been under repair for such a lengthy time. Commissioner Gorman - asked staff to contact the Police Department requesting their participation in conjunction with ABC in analysing the possibility of establishing zoning regulations to limit concentration of establishments selling alcohol beverages. He also stated that he would be willing to participate. Commissioner Biddle - asked staff when Nicolle's Restaurant would be coming before the Commission for review. Staff stated they would provide an update at the next meeting. F. COMMUNITY DEVELOPMENT ITEMS Melanie Fallon, Community Development Director, updated the Commission on the Bolsa Chica public hearings before City Council. G. ADJOURNMENT A MOTION WAS MADE BY DETTLOFF, SECOND BY BIDDLE, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, MARCH 1,1994, 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 APPrVED BY: and Zel , Secretary Planning mmission Chairpe on PC Minutes - 2/15/94 21 (pcm003)