Loading...
HomeMy WebLinkAbout1994-04-19APPROVED 6/28/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 19, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM ALCOHOLIC BEVERAGE CONTROL BOARD REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE (arrived 7:08 PM) P P P P P A P ROLL CALL: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle ZONING ADMINISTRATOR'S REPORT AGENDA APPROVAL 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 B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 93-511 - CARTS/KIOSKS (CONTINUED FROM THE APRIL 5. 1994 PC MEETINGI: APPLICANT: Department of Community Services, City of Huntington Beach - To establish provisions in the Huntington Beach Ordinance Code to permit and regulate outdoor sales and displays (carts and kiosks). LOCATION: City -Wide Code Amendment No. 93-5B is a request to establish zoning provisions to allow outdoor sales and displays (carts/kiosks) on private property. The project was continued from the Planning Commission meetings of January 19, March 1, and April 5, 1994. At the April 5, 1994, Planning Commission meeting, two (2) persons addressed the Commission and there were two (2) letters, one from Downtown Residents Association and from Huntington Beach Tomorrow addressing concerns of the proposed ordinance. After considerable discussion, a motion to continue the project failed by a tie vote; therefore, the project was automatically continued to the April 19, 1994 meeting. The Planning Commission recommended that the Subcommittee reconvene to discuss the two (2) letters and staff comments and present a recommendation to the Planning Commission. The Subcommittee is meeting on April 14, 1994, which is subsequent to the time the staff report is distributed. As a result, a summary of the Subcommittee meeting will be presented at the Planning Commission meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 93-5B, Carts and Kiosks, as prepared by staff, with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS CLOSED AT THE APRIL 5, 1994 MEETING The following straw votes were taken from a matrix of outstanding issues, to be incorporated into the Ordinance: To refer to the uses in the proposal as "Carts and Kiosks", Motion by Gorman, Second by Kerin, five (5) ayes, Inglee - Noe, Newman - Absent. APPROVED. 2. The review body for Carts and Kiosks shall be the Zoning Administrator, Motion by Richardson, Second by Dettloff, five (5) ayes, Biddle - Noe, Newman - Absent. APPROVED. PC Minutes 4/19/94 2 (p=006) 3. The word "service" shall be deleted for S.9730.90, Outdoor Sales and Displays, and under Section A(3), definitions, Motion by Gorman, Second by Inglee, six (6) ayes, Newman - Absent. APPROVED. 4. There shall be no change to the wording in S.9730.90(B)(1), Motion by Kerins, Second by Richardson, six (6) ayes, Newman - Absent. APPROVED. 5. To amend current code to also allow displays on public property as temporary outdoor event, Motion by Gorman, Second by Dettloff, six (6) ayes, Newman - Absent. APPROVED. 6. There shall be no change to the working in S.9730.90(B)(2), Motion by Gorman, Second by Richardson, five (5) ayes, Biddle - Noe, Newman - Absent. APPROVED. 7. Language for Use Permit termination will not be necessary as Use Permits may be revoked, Motion by Gorman, Second by Inglee, six (6) ayes, Newman - Absent. APPROVED. 8. Site cleanup language within the Ordinance is sufficient, Motion by Gorman, Second by Kerins, six (6) ayes, Newman - Absent. APPROVED. 9. Only one (1), six (6) month review shall be necessary, Motion by Gorman, Second by Kerins, six (6) ayes, Newman - Absent. APPROVED. 10. Alcoholic beverages shall be prohibited with the exception of special events, with conditions imposed by the City, Motion by Gorman, Second by Inglee, six (6) ayes, Newman - Absent. APPROVED. 11. Use Permits will run with the land, Motion by Inglee, Second by Richardson, five (5) ayes, Biddle - Noe, Newman - Absent. APPROVED. 12. A minimum fifty (50) foot separation shall be maintained between point -of -sale facilities, Motion by Gorman, Second by Kerins, five (5) ayes, Biddle - Noe, Newman - Absent. APPROVED. 13. Prohibit the sales or solicitation to persons in vehicles, Motion by Kerins, Second by Gorman, five (5) ayes, Inglee - Noe, Newman - Absent. APPROVED. 14. Unattended facilities shall not be allowed, facilities may be stored out of area except as determined by the Zoning Administrator, four (4) ayes, Gorman - Noe, Newman, Inglee - Absent. APPROVED. 15 The permitted placement of Carts and Kiosks, shall be as stated in the Ordinance, Motion by Gorman, Second by Kerins, six (6) ayes, Newman - Absent. APPROVED. PC Minutes-4/19/94 3 (p=006) 16. Carts and Kiosks shall not be allowed in mini -park, fountain area, beach area, Motion by Kerins, Second by Biddle, four (4) ayes, Richardson, Inglee - Noe, Newman - Absent. APPROVED. 17. No parking requirements shall be imposed, Motion by Gorman, Second by Richardson, five (5) ayes, Biddle - Noe, Newman - Absent. APPROVED. 18. The Zoning Administrator shall determine the process for trash disposal on an individual bases, Motion by Kerins, Second by Biddle, six (6) ayes, Newman - Absent. APPROVED. A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE CODE AMENDMENT NO.93-5B - CARTS/KIOSKS, WITH THE INCORPORATED STRAW VOTE CHANGES, AND FORWARD TO CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-2 USE PERMIT NO.93-94/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41/SPECIAL SIGN PERMIT NO.93-16 (CONTINUED FROM THE MARCH 15, 1994 PLANNING COMMISSION MEETINGI: APPLICANT: Southern California Restaurant Enterprises LOCATION: 17501 Beach Boulevard (southwest corner of Beach Boulevard and Slater Avenue including the vacant parcel to the west) Use Permit No. 93-94, Conditional Exception (Variance) No. 93-41 and Special Sign Permit No. 93-16 represent a request to establish a drive -through restaurant (Rally's) with an outdoor dining area; variances to encroach the front setback and the sight angle, reduction in required planter width, and eight (8) space parking reduction; special sign permit to allow a freestanding sign, wall signs, menu boards, directional signs and exposed neon tubing. The subject property is located at the southwest corner of Beach Boulevard and Slater Avenue, 17501 Beach Boulevard, and zoned C4, Highway Commercial. PC Minutes-4/19/94 4 (p=006) This project was originally continued from the March 15; 1994, Planning Commission meeting to allow the applicant time to address the concerns of the project raised at the meeting. The applicant also requested continuance from the April 19, 1994, Planning Commission meeting to finalize acquisition of the vacant, adjacent westerly parcel into the project boundaries. The applicant has submitted a revised plan reflecting incorporation of this parcel which eliminates the need for three (3) variances. Parking is provided in excess of the minimum code requirement. STAFF RECOMMENDATION: Conditions of approval are recommended that will further reduce the variance requests to one (1), a 46 foot front setback in lieu of 50 foot setback. The use will be compatible with surrounding uses and the sign will be consistent with recent City Council action on a sign for this type of business at another location. Staff recommends approval with findings and conditions of approval. A MOTION WAS MADE BY KERINS, SECOND BY RICHARDSON, TO CONTINUE USE PERMIT NO. 93-94, CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41, AND SPECIAL SIGN PERMIT NO.93-16 TO THE MAY 17, 1994, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO. 93-43/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-40: APPLICANT: Tim Poussard LOCATION: 6902 Ellis Avenue (southwest corner of Ellis and Goldenwest) Conditional Use Permit No. 93-43 and Conditional Exception (Variance) No. 93-40 represent a request to re-establish a temporary commercial horse facility with variances to front, rear and exterior side yard setback, landscaping, and parking requirements. The facility is existing and includes approximately 101 horse stalls, two (2) arenas, watchman's trailer, and other related items. The subject property is located at the southwest corner of Ellis and Goldenwest, 6902 Ellis Avenue, and is zoned Ellis-Goldenwest Specific Plan. PC Minutes-4/19/94 5 (pcm006) The applicant acquired the business which was operating without a valid conditional use permit. According to the Ordinance Code, the Planning Commission may grant a temporary commercial horse facility for a period of time not to exceed five (5) years. A single family residential subdivision has also been approved for this site. Unless constructed, the project expires in 1995. Street dedications have occurred and improvements are not expected during the next six (6) months. STAFF RECOMMENDATION: Staff recommends approval of the request for a maximum of one year subject to extensions of time as provided by the code. THE PUBLIC HEARING WAS OPENED. Bert Elliott, 16421 Wimbledon Lane, applicant's architect, stated the applicant was unaware that he did not have the proper permits. When the applicant found out he did not have the proper permits, he immediately applied for them. Mr. Elliot stated that Condition No. 4 would create a financial burden on the applicant. He also asked the Commission to approve the temporary permit until 1996. Bill Harris, 18381 Goldenwest Street, stated he was not opposed to a facility at this site, just the fact that the facility is temporary. He asked the Commission to impose a definite date of closure or make the facility permanent. Renee Carnival, 17832 San Leandor, spoke in support of the request. She stated the facility was affordable to her family and meets her needs. Carla Calhoun, 15911 Belfast Lane, spoke in support of the request. She stated the facility was an affordable family environment. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the memo from Ron Hagan, Director of Community Service, and requested that all conditions in the memo be incorporated with minor modifications. PC Minutes-4/19/94 6 (p=006) A MOTION WAS MADE BY KERINS SECOND BY RICHARDSON, TO CONTINUE CONDITIONAL USE PERMIT NO. 93-43 AND CONDITIONAL EXCEPTION (VARIANCE) NO.93-40, TO THE MAY 3, 1994, PLANNING COMMISSION MEETING, TO ALLOW STAFF TO PREPARE FORECAST FOR THE PROPERTY DEVELOPMENT IN THE AREA OF THE SUBJECT SITE, BY THE FOLLOWING VOTE: AYES: Kerins, Dettloff, Richardson NOES: Gorman, Inglee, Biddle ABSENT: Newman ABSTAIN: None MOTION FAILED -1 The Commission discussed modifying the conditions to allow 100 horses in lieu of 94, the addition of a six (6) foot wooden fence, modification of the landscaping condition, allowing the use to remain for two (2) years in lieu of staff recommended one (1) year, and the incorporation of the Department of Community Services suggested conditions. A MOTION WAS MADE BY GORMAN, SECOND BY INGLEE TO APPROVE CONDITIONAL USE PERMIT NO.93-43 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 93-40 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO.93-40: 1. Because the subject facility is existing, there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. Recent street dedications have created some non conforming circumstances. 2. The granting of a conditional exception (variance) for variances to setbacks, parking and landscaping (specifically listed under request) is necessary in order to preserve the enjoyment of one or more substantial property rights. An alternative site plan depicts relocation of parking and minor accessory structures at time of street improvements. PC Mimics-4/19/94 7 (pcm006) 3. The granting of Conditional Exception (Variance) No. 93-40 for all the items listed in the request in conjunction with a temporary horse facility will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood because the Ellis-Goldenwest Specific Plan area allows continued use of equestrian facilities. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.93-43: 1. The proposed temporary commercial equine facility is a continuation of a non conforming use established in 1971. 2. The continuation of the non conforming temporary commercial facility is not being enlarged or intensified. It will not create any additional adverse impacts on adjacent properties. 3. The use is in compliance with previous conditional use permit approvals on this site. 4. The use will not adversely affect the General Plan of the City of Huntington Beach because it provides an open space amenity with recreational opportunities. The Ellis- Goldenwest Specific Plan provides for the continued use of equestrian facilities. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 93-43/ CONDITIONAL EXCEPTION (VARIANCE) NO.93-40: 1. The site plan received and dated January 25, 1994, shall be the conceptually approved layout with a maximum horse density not to exceed 100 horses. 2. This approval shall be valid for two (2) years from date of approval. Prior to the expiration date, the applicant may apply for an extension of time in accordance with Article 967. 3. Within 30 days of the approval date, and prior to the City's approval of a County of Orange Animal Facility License, the applicant shall complete the following: a. Obtain an obstruction(encroachment) permit from the Public Works Department. b. Submit to Public Works Department a Certificate of Insurance and Hold Harmless Agreement. c. Submit to Public Works Department a notarized letter signed by the property owner and applicant stating that all facilities (e.g. parking, fencing, structures, etc.) currently existing within the existing right-of-way will be removed a minimum of 30 days prior to the construction of the street improvements (Ellis and Saddleback). PC Minutes 4/19/94 8 (p=006) 4. The following shall be completed within 90 days and continuously complied with: a. The primary trailer on -site shall be skirted for safety purposes and conform with the California mobile home building codes and applicable Huntington Beach Codes. b. The existing wash racks shall be drained into a detention system and not be allowed to drain into the City's storm drain system. In addition, any water that is currently ponding on -site shall be corrected by regrading so as to provide proper drainage and eliminate water in the corral area. c. Drinking fountains shall be provided on -site and kept in working order for customer and tenant use. d. All building spoils such as extra lumber, wire pipe, fence railing, etc. shall be disposed of or stored in an enclosed container equipped to handle them and not be allowed to be dumped on -site. e. Directional and warning signs shall be provided as necessary for the safety of the users. f. All manure shall be removed from the site. 5. At the time Ellis and Saddleback street improvements occur, the applicant shall complete the following: a. All facilities currently within the right-of-way shall be removed and relocated as shown on the approved plan. b. A six (6) foot solid wood fence shall be installed along the entire western side of the facility adjacent to Saddleback. c. A grading plan for the alternative parking area 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. d. Provide fire access roads in compliance with the Huntington Beach Fire Code and City Specification No. 401. PC Minutes 4/19/94 9 (pcm006) 6. The development/use shall comply with all applicable provisions of the City of Huntington Beach Ordinance Code, Building Division, Fire Department, and County of Orange Code requirements. 7. During any construction activities, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 8. The Planning Commission reserves the right to revoke this conditional use permit and conditional exception (variance) if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 9. 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. 10. This conditional use permit and conditional exception (variance) shall become null and void two (2) year of the date from 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 the expiration date. CODE REQUIREMENTS: PC Minutes-4/19/94 10 (p=006) 1 1 L 1. If any landscaping is to be installed, 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 Sections 9607 and 9670.10 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. 2. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 94-2: APPLICANT: City of Huntington Beach, Public Works Department LOCATION: Former terminus of Island Bay Circle General Plan Conformance No. 94-2 is a request to determine if the vacation of two (2) parcels generally located within the Island Bay Lane right-of-way approximately 600 feet north of Palm Avenue is in conformance with the General Plan. The vacation of the right- of-way will allow the parcels to be returned to the adjoining property owners and provide for the logical continuation of street improvements similar to those existing to the south. STAFF RECOMMENDATION: Planning staff recommends that the Planning Commission find the street vacation in conformance with the General Plan. This recommendation is based upon the fact that the vacation is consistent with the goals and policies of the Land Use and Circulation Elements of the General Plan. PC Minutes-4/19/94 11 (pcm006) A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE, TO ADOPT RESOLUTION NO. 1491, APPROVING GENERAL PLAN CONFORMANCE NO.94-2, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED FEBRUARY 15 1994: A MOTION WAS MADE BY BIDDLE, SECOND BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 15, 1994 BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: Kerins MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED MARCH 1, 1994• A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 1, 1994 BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: Kerins MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE PC Minutes-4/19/94 12 (pcm006) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Richardson - asked staff the status of Suzanne's Main Street Cafe's parking requirement application. Staff stated that it had been denied by the Zoning Administrator, was not appealed and has not been re -submitted. F. COMMUNITY DEVELOPMENT ITEMS Scott Hess, Senior Planner, restated actions taken at the April 18, 1994 City Council meeting. He also stated that City Council had invited the Planning Commission to their April 25, 1994 Study Session. G. ADJOURNMENT A MOTION WAS MADE BY DETTLOFF, SECOND BY KERINS, TO ADJOURN TO A 7:00 PM CITY COUNCIL JOINT STUDY SESSION MONDAY, APRIL 25, 1994, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kjl APPRO D BY: u rd Zelefs ecr ry Planning mmission Chairper o PC Minutes-4/19/94 13 (p=006)