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HomeMy WebLinkAbout1994-04-05APPROVED 6/14/94 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 5, 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 A (excused) P P P P P ROLL CALL: Kerin, 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 DETTLOFF, TO - BRING ITEM B-6 TO THE FRONT OF THE AGENDA BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PLEASE NOTE THE MINUTES WILL REFLECT ITEMS TAKEN IN THEIR ORIGINAL ORDER B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO.93-5B - CARTS/KIOSKS (CONTINUED FROM THE MARCH 1, 1994 PLANNING COMMISSION MEETING: APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 93-513 is a request to establish zoning provisions to allow outdoor sales and displays (carts/kiosks) on private or public property. The project was continued from the Planning Commission meetings of January 19 and March 1, 1994. These continuances allowed the subcommittee that was established by the Planning Commission an opportunity to further discuss the draft ordinance and formulate a recommendation to the Planning Commission. The subcommittee met three (3) times during February, and a revised draft ordinance was prepared. it was submitted to the Departments of Community Services, Public Works, Fire and Police for review and comments. The comments received are attached for your review. These comments indicate a preference to the draft ordinance prepared by staff and recommend a few additions or changes to clarify the subject matter. The changes have been made where appropriate to the subcommittee's recommended draft ordinance. STAFF RECOMMENDATION: Staff has also prepared a draft ordinance and recommends its approval by the Planning Commission. Commissioner Inglee, Chairman of the subcommittee, restated the subcommittees reasoning for their recommendations. THE PUBLIC HEARING WAS OPENED. Dianne Easterling, 203-8th Street, representing Downtown Residents' Association, submitted a letter to the Commission. Ms. Easterling discussed the Associations' recommendations. Bob Winchell, 6411 Weber Drive, representing Huntington Beach Tomorrow, submitted a letter to the Commission. Mr. Winchell discussed Huntington Beach Tomorrow's recommendations. PC Minutcs-4/5/94 2 (p=005) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed a continuance to allow comments received both verbally and written this evening to be reviewed. There was not a majority agreement to support a continuance. A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO CONTINUE CODE AMENDMENT NO.93-5B TO THE APRIL 19, 1994 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Kerins, Dettloff, Biddle NOES: Inglee, Richardson, Newman ABSENT: Gorman ABSTAIN: None MOTION FAILED THE MOTION FAILED BYA SPLIT (3-3) VOTE WHICH A UTOMA TICALL Y CONTINUES IT TO THE NEXT SCHEDULED PLANNING COMMISSION MEETING OF APRIL 19, 1994 B-2 REVISED CONDITIONAL USE PERMIT NO. 91-57/REVISED COASTAL DEVELOPMENT PERMIT NO.92-2/REVISED NEGATIVE DECLARATION NO. 92-9: APPLICANT: Jeff Bergsma LOCATION: 303 Third Street Revised Conditional Use Permit No. 91-57, Revised Coastal Development Permit No. 92-2 and Revised Negative Declaration No. 92-9 represent a request to allow a revision to an approved project. The subject property is located at 303 Third Street. The applicant proposed to add a 4,400 square foot basement to the previously approved 13,200 square foot, two (2) story health club. A lap swimming pool, spa, restrooms, and pool equipment room are proposed in the basement. There are two (2) primary issues discussed in the analysis section of the report regarding the project; floor area ratio and parking. PC Minutes-4/5/94 3 (p=005) These applications were continued from the March 1, 1994, meeting to further analyze parking compliance. Since the applicant did not obtain building permits prior to the effective date of Ordinance No. 3180, which requires off-street parking for any building demolished more than 50%, he must provide parking or pay an in -lieu fee for future spaces. Staff has requested a legal opinion from the city Attorney's office regarding this matter, and it is included in Attachment No. 6. In addition, the applicant has engaged an attorney who has provided the city Attorney with an argument that they doe not have to comply with Ordinance No. 3180 because they are vested. There is an extension of time request for the original entitlement which includes a copy of the Attorney's letter. STAFF RECOMMENDATION: Since the addition does not affect the exterior of the building and the use previously analyzed and approved is not significantly changing, staff is recommending approval of the request. THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, 221 Main Street, applicant, gave a brief history of the project site. Mr. Bergsma submitted a letter to Commission and stated they were choosing to pay the in - lieu fees. Michael Turner, 311A Marguerite, Corona Del Mar, legal representative for applicant, discussed the legal issues regarding the vesting of entitlements. Michael Fein, 221 Main Street, representing applicant, restated expenditures that have occurred on the project site. Mr. Fein stated that it was unfeasible to continue to incur these costs. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed a two (2) week continuance to allow all legal issues to be resolved or commented upon. Staff stated that the applicant could also apply for a variance during this two (2) weeks. PC Minutes-4/5/94 4 (p=005) A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE TO CONTINUE REVISED CONDITIONAL USE PERMIT NO. 91-57, REVISED COASTAL DEVELOPMENT PERMIT NO. 92-2 AND REVISED NEGATIVE DECLARATION NO. 92- TO THE MAY 3, 1994 PLANNING COMMISSION MEETING TO FURTHER REVIEW LEGAL ISSUES, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT Gorman ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO.93-37 APPLICANT: Mr. Travy Hunt LOCATION: 18442 Goodwin Lane Conditional Use Permit No. 93-37 is a request to add a 649 square foot second unit (granny unit) to an existing 1,312 square foot one story single family residence pursuant to Section 9110.1 of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff is recommending approval of the request based upon; 1) the project's ability to conform to the development standards for a second unit addition and, 2) the second unit will be compatible with the existing structure and the surrounding neighborhood. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes-4/5/94 5 (pcm005) A MOTION WAS MADE BY BIDDLE, SECOND BY INGLEE TO APPROVE CONDITIONAL USE PERMIT NO.93-37 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-37: 1. The location, site layout, and design of the proposed 649 square foot single story second unit to an existing one story residence properly adapts the proposed addition to the existing structure in an architecturally compatible and harmonious manner. 2. The proposed project complies with all applicable provisions of the Huntington Beach Ordinance Code. 3. The proposed second unit addition to an existing residence will not be detrimental to property or improvements in the vicinity because it is architecturally compatible with the existing residence and neighborhood and complies with the Huntington Beach Ordinance Code. 4. There will be adequate parking for the second unit as required by the Huntington Beach Ordinance Code. 5. There are no exterior doors visible from the street which suggests the existence of a second unit. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.93-37: 1. The site plan, floor plans, and elevations received and dated January 13, 1994 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Floor plans shall depict natural gas 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. PC Minutes-4/5/94 6 (pcm005) b. Elevations shall depict colors and building materials proposed c. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. 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. 4. Planning Commission reserves the right to revoke Conditional Use Permit No. 93-37 if - any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant an authorized representative of the owner of the property, recorded with the County recorder and returned to the Planning Division prior to issuance of building permits. 6. Conditional Use Permit No. 93-37 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. CODE REOUMMENTS: 1. The dwelling unit shall not be sold separately from the main dwelling. 2. Recreational vehicle storage shall not be permitted in any required parking space. 3. The park and recreation fee shall be assessed at 25 percent of the fee for a single family residence. 4. No separate utility meters shall be permitted for the second unit. 5. The following safety and conservation measures for the new unit shall be implemented: a. Insulation of accessible attic areas to R-19. b. Weather-stripping of doors and windows. c. Installation of low flow shower heads and faucets. d. Installation of approved smoke detectors 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes-4/5/94 7 (p=005) B-4 CONDITIONAL USE PERMIT NO.93-42/DESIGN REVIEW BOARD NO.94-2: APPLICANT: Edward Endo LOCATION: 17772 Beach Boulevard Conditional Use Permit No. 93-42 in conjunction with Design Review Board No. 94-2 represents a request to expand the Huntington Beach Medical Center by 5,000 square feet in order to increase the size and capabilities of the existing emergency room and out- patient facilities. Included in this application is a request to delete conditions imposed by the Planning Commission through Conditional Use Permit No. 84-6 and 87-48 that required a total of 934 parking spaces, 23 spaces above the requirements of the Huntington Beach Ordinance Code, and instead provided 925 parking spaces. STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve Conditional Use Permit No. 93-42 in conjunction with Design Review Board No. 94-2 as submitted by the applicant due to the fact that the request is consistent with the goals and objectives of the General Plan, the colors and materials of the proposed expansion match the existing hospital, there is an existing surplus of parking on the site and the proposed expansion will not cause any parking impacts, and the expansion will better serve the medical needs of the community. THE PUBLIC HEARING WAS OPENED. Kelli Trachtman, 17752 Beach Boulevard, spoke in opposition to the request. Ms. Trachtman stated that the medical center that she works for had applied for a similar entitlement in 1987 and they had been denied. She stated that approval of this request would be unfair. Dr. Friedman, 17752 Beach Boulevard, spoke in opposition to the request, for the same reasons as the previous speaker. He felt that a reduction in parking should not be granted. Dr. David Baer, 5372 Old Pirate Lane, representing applicant, explained the expansion to the medical center would better serve the emergency medical needs of the community by increasing the size and capabilities of the emergency room. Art Aviles, 9841 Mammoth Drive, Chairman, Board of Trustees, Huntington Beach Medical Center, spoke in support of the request. He stated that quality of service to the community would be greatly enhanced. PC Minutes-4/5/94 8 (pcm005) Charles L. Reynolds, 29262 Kensington Drive, Paramedic Coordinator for Huntington Beach, spoke in support of the request. He stated with this expansion paramedics would be less likely to be turned away because of being fully occupied. Carol Freeman, 17772 Beach Boulevard, representing applicant, spoke in support of the request, stating the expansion was greatly needed. Edward H. Endo, 3916 Sepulveda Boulevard, architect, spoke in support of the project. Mr. Endo pointed out that the parking study showed additional parking would not be needed. Craig Campbell, (no address given), Westminster Fire Department, spoke in support of the request. He stated the expansion would improve emergency services to both communities. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY DETTLOFF, SECOND BY NEWMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 93-42 AND DESIGN REVIEW BOARD NO. 94-2 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY DETTLOFF, SECOND BY KERINS TO APPROVE DELETION OF CONDITIONS OF CONDITION USE PERMIT NO. 84-16 AND CONDITIONAL USE PERMIT NO.87-48 THAT REQUIRED ADDITIONAL PARKING SPACES ABOVE THE REQUIREMENTS OF THE HUNTINGTON BEACH ORDINANCE CODE, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes-4/5/94 9 (pcm005) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-42: 1. The proposed 5,000 square foot hospital expansion to an existing 135 bed hospital is consistent with the goals and objectives of the General Plan, especially the goals of promoting the provisions of adequate community facilities (Police 3.5.61-Community Facilities Element) and encouraging the proper location and planning of community facilities (Policy 3.4.2.6-Land Use). 2. The location, site layout, and design of the proposed 5,000 square foot hospital expansion to an existing 135 bed hospital properly adapts to existing streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed design will allow separate access for emergency vehicles and emergency room patients. The use of materials, such as brick, and the proposed design will match the existing structure. 3. The proposed 5,000 square foot hospital expansion is properly integrated with the other medical uses on a site and will provide more efficient medical services to the citizens of Huntington Beach. 4. The access to and parking for the proposed 5,000 square foot hospital expansion does not create an undue traffic or parking problem. As the parking study by Katz, Okitsu and Associates dated March 1, 1994, indicates, there is a surplus of parking during peak periods and the proposed expansion will not significantly increase the parking demand. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-42: 1. The site plan, floor plans, and elevations received and dated December 12, 1993, shall be the conceptually approved layout. 2. Prior to Conditional Use Permit No. 93-42 becoming effective, the following shall be complied with: a. Submit an "Acceptance of Conditions" to the Community Development department that has been properly executed by the applicant and an authorized representative of the owner of the property. b. The ten (10) day appeal period has elapsed. 3. The following shall be completed prior to construction: a. Submit a copy of the revised site plan, floor plans and elevations approved by the office of State Architect for inclusion in the entitlement file. b. All applicable Public Works fees shall be paid. PC Minutes-4/5/94 10 (p=005) c. Obtain a grading permit from the Huntington beach Department of Public Works. d. A landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan 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 9608 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. e. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. - f. A fire alarm system shall be approved and installed pursuant to City of Huntington Beach Fire Department Regulations. g. The applicant shall meet all applicable local, State and Federal Fire codes, Ordinances, and Standards. 4. The following shall be completed prior to occupying the expansion and complied with during occupancy: a. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. b. 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. c. Exit signs and exit path markings shall be approved and installed pursuant to City of Huntington Beach Fire Department and State regulations. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 93-42 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes-4/5/94 11 (pcm005) 6. Conditional Use Permit No. 93-42 in conjunction with Design Review Board No. 94-2 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. B-5 CONDITIONAL USE PERMIT NO. 94-4: APPLICANT: Prasert Rungthirakul LOCATION: 19690 Beach Boulevard (The Newland Center) Conditional Use Permit No. 94-4 is a request to establish a restaurant with sales of beer and wine, in the previous Katie McGuire's restaurant site, in the Newland Center. Staff has analyzed the request and feels that the on -site sale of beer and wine at the proposed restaurant will be compatible with the existing and surrounding commercial uses in the shopping center. Based on the current mix of tenants, including this proposed restaurant, there is a surplus of 23 code required parking spaces in the Newland Center. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 94-4 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO.94-4 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes-4/5/94 12 (p=005) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-4: 1. The proposed restaurant with sales of beer and wine in the site previously utilized as a restaurant in the Newland Center, will be compatible with adjacent residential and surrounding commercial uses. 2. The proposed restaurant with sales of beer and wine is consistent with the City's General Plan land use designation of General Commercial which permits the sale of alcoholic beverages in conjunction with a standard commercial use (restaurant). The proposed restaurant with sales of beer and wine in a site previously utilized as a restaurant will not create any additional parking, circulation or access problems. The restaurant is part of the Newland Center which was originally constructed with code required parking and access, and is now in surplus of code required parking by 23 spaces due to the current mix of tenants. CONDITIONS OF APPROVAL - CONDMONAL USE PERMIT NO. 94-4• 1. The site plan, floor plans and elevations received and dated January 24, 1994, 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 an 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. The Fire Department conditions require the following fire protection equipment to be in full operation prior to Certification of Occupancy. 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 No. 428 and the size of the numbers shall be a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. 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 Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 4 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes-4/5/94 13 (pcm005) CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance code, Building Division and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and Standards. B-6 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT NO. 90-1/ AMENDMENT NO. 1: APPLICANT: City of Huntington Beach LOCATION: Parcel 6 of the Bolsa Chica Regional park (Shell Gas Plant) located west of Seapoint Street, approximately 1,000 feet south of Garfield Avenue. The City is processing an amendment to the Holly-Seacliff Development Agreement No. 90-1 in order to provide for the County or the City to accept dedication of the shell Gas Plant site prior to the expiration of the existing lease between Seacliff partners and Shell. If the amendment is approved, the existing Gas Plant would be permitted to continue to operate under a separate agreement with either the County or the City. On March 7, 1994, the City Council directed staff to prepare an amendment to the Holly- Seacliff Development Agreement No. 90-1 which would permit the transfer of the Shell Oil Gas Plant prior to the expiration of the existing lease on May 31, 1994. The proposed amendment will provide the City or County with the ability to consider the continued operation of the Gas Plant and will also allow the opportunity for the Gas Plant to be retained as a historical element in the proposed Bolsa Chica Regional Park, if approved at a later date. STAFF RECOMMENDATION: Staff supports the amendment and recommends that the Planning Commission approve the amendment and forward the request to the City Council for approval. Chief Dolder, City of Huntington Beach Fire Department, gave a presentation to the Commission. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes 4/5/94 14 (pcm005) A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN TO ACCEPT AMENDMENT NO. 1 TO HOLLY-SEACLIFF DEVELOPMENT AGREEMENT NO.90-1 AND FORWARD TO THE CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED FEBRUARY 1 1994: A MOTION WAS MADE BY BIDDLE, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 1, 1994, BY THE FOLLOWING VOTE: AYES: Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Gorman, Newman ABSTAIN: Kerins MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO.91=57 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO 92-2 - ONE (1) YEAR EXTENSION OF TIME: APPLICANT LOCATION: Jeff Bergsma 303 Third Street (northwest corner of Third Street and Olive Avenue) PC Minutes-4/5/94 15 (p=005) 0 0 F The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 91-2 which were originally approved by the Planning Commission on April 7, 1992. The request included construction of a two-story, 13,200 square foot building to be used as a health club. The special permits allowed the building to encroach into the front and side yard setbacks (0' setback in lieu of 5') and into the rear yard setback (0' setback in lieu of 3'). STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the requested extension of time for Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 92-2. The Commission discussed continuing this item as a related Public Hearing item (B-1) had been continued to the May 3, 1994 Planning Commission meeting. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO CONTINUE CONDITIONAL USE PERMIT NO.91-57 WITH SPECIAL PERMITS AND COASTAL DEVELOPMENT PERMIT NO. 92-2 - ONE (1) YEAR EXTENSION OF TIME TO THE MAY 3, 1994 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Gorman, Newman ABSTAIN: None MOTION PASSED D-2 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 94-19: APPLICANT LOCATION: Abdul Memon 410 Main Street Use Permit No. 94-19 is a request for a two (2) day temporary outdoor event, with live entertainment from 12:00 PM to 5:00 PM, on March 26 and 27, 1994. The appeal, filed by Grace Winchell, is based on the attempt to protect the welfare and safety of downtown business owners. PC Minutes-4/5/94 16 (p=005) STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the zoning Administrator's approval of Use Permit No. 94-19 with findings. APPLICATION WITHDRAWN AT THE REQUEST OF THE APPLICANT E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Kerins - Revision to Zoning Administrator's appeal period for temporary outdoor events. A MOTION WAS MADE BY KERINS, SECOND BY RICHARDSON, REQUESTING STAFF TO MODIFY THE ORDINANCE FOR ZONING ADMINISTRATOR APPEAL PERIODS FROM TWO (2) DAYS TO TEN (10) DAYS, AND BRING BEFORE THE PLANNING COMMISSION FOR ACTION, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman , ABSTAIN: None MOTION PASSED Commission Inglee - requested an update on the deteriorated school district tennis courts at Algonquin and Edinger (Pending Item No. 94-5). Staff explained that a letter had been sent to the school district. The school district has stated that they do not have the funds to repair the site. It was suggested that the lights on the site were owned and controlled by the City, and they could be shut off to deter people from playing on the courts. Staff stated they would investigate. Commissioner Kerins - requested that a copy of the Zoning Administrator's action agenda be mailed directly to the Commissioners when completed, to allow time for them to appeal an item if they wish. Staff stated they would do so. Commissioner Kerins also requested that he be put on the Sign Code Sub -committee. Commissioner Dettloff- stated their would be a special Planning Commission Workshop on April 26, 1994 at 4:00 PM in Room B-8, at the Huntington Beach Civic Center. PC Minutes-4/5/94 17 (pcm005) 1 F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated actions taken at the April 4, 1994, City Council meeting. G. ADJOURNMENT A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON , TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, APRIL 19, 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED /kjl APPRO/yED BY: HI Zelefs a Planning 5/mymission Chairpe s n- PC Minutes-4/5/94 18 (p=005)