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HomeMy WebLinkAbout1994-05-03APPROVED 7/12/94 I MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 3, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM R1- BUILDING HEIGHT REQUIREMENT REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Kerins, 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. Dave Garofalo, 5901 Warner Avenue, stated that he would not be able to stay and hear Item B-4, but wanted to state his support for the request. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL EXCEPTION (VARIANCE) NO.94-12/REVISED CONDITIONAL USE PERMIT NO. 91-57/REVISED COASTAL DEVELOPMENT PERMIT NO. 92-2/ REVISED NEGATIVE DECLARATION NO.92-9 (CONTINUED FROM THE APRIL 5. 1994 PC MEETING): 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. Conditional Exception (Variance) No. 94-12 is a request for 31 parking spaces in lieu of the 88 required. The 31 spaces will then be provided by payment of in lieu parking fees. The applicant proposes 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. These applications were continued from the March 1, and April 5, 1994 meetings. 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 parking fee for future spaces. Staff advised the applicant that two (2) other options are available for satisfying the parking requirement: (1) postponement of the applications until the Coastal Commission considers the Downtown Parking Master Plan or (2) file a variance application for reduction in parking requirements. On April 13, 1994, the applicant submitted Conditional Exception No. 94-12 for a reduction of the required parking spaces. STAFF RECOMMENDATION: Because of unusual circumstances applicable to the site and since the addition does not affect the exterior of the building nor the use previously analyzed and approved is not significantly changing, staff is recommending approval of the requests. THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, 924 Main Street, applicant, clarified certain issues for the Commission, such as, historical value, grandfathering of parking and history of entitlements. PC Minutes - 5/3/94 2 (p=008) Bob Bolen, 1818 Pine, stated he was not against this particular project, just the concept that this project will be allowed to have more development privileges because of reduce parking and setback requirements than the other property owners and tenants downtown. Michael Fein, 221 Main Street, applicant, stated that this project is very time sensitive. They will lose the potential tenant if this can not be settled. Mr. Fein stated that they had and will continue to work with the City and follow the proper procedures. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST AND THE PUBLIC HEARING WAS CLOSED. The majority of the Commissioners were concerned the parking requirements would not be sufficient for a health club. Commissioner Newman spoke in support of the request, stating that the applicant's had gone forth in good faith. A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO DENY REVISED NEGATIVE DECLARATION NO.92-2, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: Newman ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO DENY REVISED CONDITIONAL USE PERMIT NO.91-57, REVISED COASTAL DEVELOPMENT PERMIT NO.92-2 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 94-12 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Biddle NOES: Newman; Richardson ABSENT: None ABSTAIN: None MOTION PASSED [- J PC Minutes - 5/3/94 3 (pcm008) FINDINGS FOR DENIAL - REVISED CONDITIONAL USE PERMIT NO. 91-57/ CONDITIONAL EXCEPTION (VARIANCE) NO. 94-12: 1. The proposed 4,400 square foot basement addition and reduction in required parking has a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood, and is detrimental to the value and improvements in the area because: a. Revised Conditional Use Permit No. 91-57 is a substantial change and increases the floor area to 17,600 square feet; a maximum 13,218 square feet is allowed for this site. b. The proposed downtown Parking Master Plan study for the area has not been approved by the City Council or Coastal Commission. c. Sufficient parking spaces do not exist in the vicinity to service the spaces required for the health club with a basement. d. The proposed basement addition to a previously approved health club facility increases traffic volume in the vicinity of the site. e. There is no site selected for construction of an off-street parking facility funded by payment of in -lieu parking fees. FINDINGS FOR DENIAL - REVISED COASTAL DEVELOPMENT PERMIT NO. 92-2: 1. Revised Coastal Development Permit No. 92-2 is inconsistent with the CZ (Coastal Zone) suffix, District 5 (Mixed Use) of the Downtown Specific Plan as well as the provisions of the Huntington Beach Ordinance Code applicable to the addition of a basement to a previously approved project because the proposed basement increases the parking demand and insufficient parking exists in the vicinity to accommodate the proposed addition. B-2 COASTAL DEVELOPMENT PERMIT NO. 93-24/CONDITIONAL USE PERMIT NO. 93-40/NEGATIVE DECLARATION NO.93-25: APPLICANT City of Huntington Beach LOCATION: North and south of the Huntington Beach Municipal Pier located on the coastal side of Pacific Coast Highway, between First and Seventh Streets (Pier Plaza) PC Minutes - 5/3/94 4 (p=008) Coastal Development Permit No. 93-24, Conditional Use Permit No. 93-40 and Negative Declaration No. 93-25 is a request to permit improvements to the Pier Plaza area, which consist of the construction of a new plaza area, an amphitheater for public use during surfing and other beach related functions, a restroom and concession building, the redesign of the parking areas north and south of the pier, new bicycle parking, and improved vehicular, bicycle, pedestrian and handicap access in and around the pier area. The project boundary encompasses the area ocean side of Pacific Coast Highway , between First and Seventh Streets. The proposed improvements include modified circulation into and around the pier area with the construction of two (2) new driveways off Pacific Coast Highway and the closure_ of the existing Maxwell's driveway directly across Main Street. The new parking design involves an additional two (2) rows of parking on the north side of the pier, mirroring the existing situation south of the pier. The modification will not result in a reduction in the number of parking spaces presently available on site. The proposed plaza area will include a new concession/bathroom building, amphitheater, enhanced landscaping, new light standards and benches. The new building will not exceed the height of Pacific Coast Highway, minimizing any view or aesthetic impacts from Pacific Coast Highway. Pedestrian access points to the beach will also be improved by providing additional stairways and handicap ramps down to the beach. In compliance with CEQA guidelines, Negative Declaration No. 93-25 was advertised and routed to the State Clearinghouse for a thirty (30) day comment period by state agencies. All impacts have been identified in the negative declaration, and are addressed in the form of suggested conditions of approval. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Negative Declaration No. 93-25, Coastal Development Permit No. 93-24 and Conditional Use Permit No. 93-40 with findings and suggested conditions of approval, as the proposed Pier Plaza improvements are consistent with the California Coastal Act, City's Local Coastal Program and Downtown Specific Plan. Jim Pickell, Landscape Architect, Purkiss Rose, gave a brief description of the project. Jim Engle, City of Huntington Beach, Department of Community Services, gave a presentation to the Planning Commission. The Commissioner's questioned staff as to the actual amount of sand lost by encroachment of the bike path, and if a Measure C vote would be necessary to approve this project. Staff stated that 70-75 linear feet of sand would be lost. Staff also stated that a Measure C vote would not be necessary. PC Minutes - 5/3/94 5 (pcm008) THE PUBLIC HEARING WAS OPENED. Ken Rosser, 711 Pacific Coast Highway, adjacent resident to the project, stated he was concerned with negative impact from noise created by the proposed amphitheater. Keith Raffel, 711 Ocean, No. 331, adjacent resident to the project, stated he was opposed to the parking lot portion of the project, preferring a park area similar to Laguna Beach. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission supported the request, except for the bike path encroachment into the sand. They requested a condition to eliminate any net loss of sand area. A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO APPROVE NEGATIVE DECLARATION NO.93-25, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY GORMAN, SECOND BY NEWMAN, TO APPROVE COASTAL DEVELOPMENT PERMIT NO.93-24 AND - CONDITIONAL USE PERMIT NO.93-40 WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 5/3/94 6 (p=008) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-24: 1. The request to permit plaza improvements conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed plaza improvements will provide additional parking, and improved vehicular, pedestrian, bicycle and handicap access in and around the pier plaza area. 2. Coastal Development Permit No. 93-24 is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed plaza improvements conforms with the Downtown Specific Plan, District 10, providing pier related commercial uses and improving access to the beach. 3. The proposed plaza improvement project will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. Improvements include the upgrade of water and sewer lines to the proposed concession/bathroom building north of the pier. 4. The proposed improvements conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The pier plaza improvements will enhance recreational opportunities by provided a new plaza area, amphitheater, improved access, and additional bicycle and vehicle parking. ` FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-40: 1. The establishment, maintenance and operation of the pier plaza, including the modified circulation pattern and parking lots, new amphitheater and restroom/bathroom building, 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 improvements will not create adverse traffic or noise impacts to surrounding properties. The proposed improvements will provide new handicap access to the beach, and emergency/maintenance access along the widened beach path. 2. The location, site layout, and design of the pier plaza improvements properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed improvements are designed to reduce adverse impacts to Pacific Coast Highway by constructing new driveways into the parking areas and restricting vehicular access into the Maxwell's parking lot located directly across Main Street. L PC Minutes - 5/3/94 7 (pcm008) 3. The granting of Conditional Use Permit No. 93-40 will not adversely affect the General Plan of the City of Huntington Beach. The proposed improvements to the Pier Plaza area are consistent with the Open Space - Recreation and Visitor Serving Commercial land use designations of the General Plan, and Downtown Specific Plan - District 10 zoning designation of the Huntington Beach Ordinance Code. The Pier Plaza project will provide a variety of recreational facilities for all income groups, and will improve the appearance of a visually degraded area. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-24/CONDITIONAL USE PERMIT NO.93-40: 1. The site plans and cross -sections received and dated February 9, 1994 shall be the conceptually approved layout with the following modification: a. The project shall be revised so there is no net loss of sand area. 2. The Design Review Board shall review all colors and materials used throughout the project. 3. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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. b. 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. c. 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. d. 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. e. A sewer study shall be submitted for public works approval. The developer shall design and construct the sewer system required to serve the development. PC Minutes - 5/3/94 8 (p=008) 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. 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 9607 of the Huntington Beach Ordinance Code and the Downtown Design guidelines. 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 within the project area. 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. The developer shall submit a separate utility plan, showing water system improvements including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved, prior to any construction by the Public Works Water Division and the City of Huntington Beach Fire Department. e. The water system shall be designed in accordance with Pier Plaza and per the City of Huntington Beach Water Division's design criteria and standards plans and specifications. f. Each building shall have a separate minimum two (2) inch domestic water service per Standard Plan Nos. 603B and 609. g. The landscape irrigation system shall be designed and constructed to include water service connections separate from domestic service connections. h. The developer shall use "drought tolerant" plants and turf for all common area landscaping. Landscape plans shall be approved, prior to construction, by the Public Works Water Division. The developer shall submit irrigation demands to insure proper irrigation service sizing. PC Minutes - 5/3/94 9 (p=008) i. All backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. j. Applicant shall pursue CalTrans approval of radius type driveways on Pacific Coast Highway. 5. Fire Department requirements are as follows: a. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and No. 431 for the abandonment of oil wells and site restoration. b. The project shall comply with all provisions of the Huntington Beach Municipal Code, Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. c. Five (5) fire hydrants shall be provided in number and at locations specified by the Fire Department. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. 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. 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; 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. PC Minutes - 5/3/94 10 (p=008) 9. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. The applicant shall restripe the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance code. c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 10. The Planning Commission reserves the right to revoke this Coastal Development Permit No. 93-24 and Conditional Use Permit No. 93-40 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. Coastal Development Permit No. 93-24 and Conditional Use Permit No. 93-40 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 REOUIREMENTS: 1. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 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. B-3 USE PERMIT NO. 93-90 (REFERRED TO PLANNING COMMISSION BY THE ZONING ADMINISTRATOR): APPLICANT: Seacliff Partners LOCATION: 18961 Goldenwest Street (along the northerly property lines of lots 48 through 62 of Tract No. 14009, located 550 feet north of Garfield Avenue between Saddleback and Goldenwest) PC Minutes - 5/3/94 11 (p=008) Use Permit No. 93-90 is a request to permit the construction of a continuous retaining wall that ranges 4.0 feet to 6.7 feet in height along the north property line of 15 single family residential lots (48-62 of Tract No. 14009 adjacent to American Landscaping business) in lieu of the maximum allowable height of two (2) feet. Section 9771(1) of the Huntington Beach Ordinance Code specifies that any deviation from wall height limitations may be permitted subject to approval of a Use Permit. The applicant is requesting higher retaining walls in order to add dirt to the rear of the lots to prevent drainage onto and across the rear of adjacent properties, and to provide a larger usable area in the back of those lots. If approved, a screen wall up to six (6) feet in height will be built on top of the retaining wall. On January 5, 1994, the Zoning Administrator reviewed the request and referred it to the Planning Commission. The Huntington Beach Zoning Administrator referred the use permit to the Planning Commission because he felt that since the Commission reviewed the original tract, that they should review this request. By installing the retaining walls and filling the rear of the lots, better drainage around the homes to the front of each lot, and into the storm drain will occur. The modified drainage pattern will also avoid any drainage easements across the rear of the lots. STAFF RECOMMENDATION: Staff supports the applicant's request because the retaining walls and grading will not adversely impact abutting properties or property values. The walls will abut, for the most part, the American Landscape Supply business and other vacant encyclopedia lots to the north; no existing residences are located adjacent to the proposed retaining walls. THE PUBLIC HEARING WAS OPENED Tom Zanic, represent applicant Seacliff Partners, stated that the grading on the site had been completed in accordance with all City regulations. Mr. Zanic stated that they had met with staff and project neighbors to address concerns. Gerald Chapman, 6742 Shire Circle, spoke in opposition to the request stating there are problems with the current cut, fill and grading. Mr. Chapman was also concerned about the wall height being figured by an averaging method. He requested that this item be continued to June 1, 1994, to allow staff, Planning Commissioners, the applicant, and concerned residents to discuss and remedy the situation. Julie Whittington, 6592 Trotter Drive, spoke in opposition of the current cut, fill and grading and the proposed wall. Ms. Whittington also requested a continuance to June 1, 1994. Carrie Thomas, 6642 Trotter Drive, stated that the current cut, fill and grading did not conform to the Specific Plan and spoke in opposition to the proposed wall. PC Minutes - 5/3/94 12 (pcm008) Mr Brindle, (address unknown), spoke in supportof the request. Phil Galton, (address unknown), stated his concerns regarding the current cut, fill and grading issues. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding a continuance. It was decided that the issue tonight was the proposed block wall, and should be decided upon. However, the Commission wished to form a Commission of staff, Planning Commissioner's, and residents, to review the curreni and future issues of cut, fill, and grading, and methods used to average wall heights. A MOTION WAS MADE BY INGLEE, SECOND BY NEWMAN TO APPROVE USE PERMIT NO.93-90 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Dettloff, Richardson, Newman NOES: Kerins, Biddle ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT 93-90: 1. The establishment and maintenance of up to 6.7 foot high perimeter retaining walls 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. The proposed perimeter walls are not adjacent to existing residences and will not adversely impact the existing American Landscape Supply business. 2. The location, site layout, and design of the proposed retaining walls properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The retaining walls will allow for proper drainage of the new subdivision while minimizing any impact to the abutting properties. Furthermore, the walls and additional grading will provide a greater usable area on lots 48-62 of Tract 14009. 0 PC Minutes - 5/3/94 13 (pcm008) 3. The granting of Use Permit No. 93-90 will not adversely affect the General Plan of the City of Huntington Beach. The proposed retaining walls will be compatible with the adjacent Landscape Supply and vacant properties when developed. The walls will provide a larger usable area for the new estate homes which is consistent with the Estate Residential land use designation of the General Plan. CONDITIONS OF APPROVAL - USE PERMIT NO. 93-90: The site plan, grading exhibits, and wall elevations received and dated March 22, 1994 shall be the conceptually approved layout. 2. 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. 3. Building permits shall be obtained for all walls. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 4. All previous conditions of approval on Tentative Tract Map No. 14009, Conditional Use Permit No. 90-47, and Conditional Exception No. 93-35(R) shall remain in effect. 5. The Planning Commission reserves the right to revoke Use Permit No. 93-90 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. Use Permit No. 93-90 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 REQUIREMENTS: All applicable Public Works fees shall be paid. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. PC Minutes - 5/3/94 14 (p=008) B-4 CONDITIONAL USE PERMIT NO. 94-8/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-11: APPLICANT: Waterfront Construction No. 1 LOCATION: North side of Pacific Coast Highway between Huntington Street and Beach Boulevard (southeast side of Waterfront Hilton) Conditional Use Permit No. 94-8 is a request to permit two tent structures totaling 5,600 square feet to be used in conjunction with Waterfront Hilton Beach Resort activities for an - extended period of time pending further development of the site. Applicant has suggested a five year time is likely. There is adequate parking to accommodate the use, and the applicant has proposed limiting the hours of amplified music and address systems to minimize potential noise impacts on residential areas. The project also includes Conditional Exception (Variance) No. 94-11 which is a request for exemption from standards of construction in an -FP2 suffix area. Compliance with Article 940 Floodplain Suffix requirements would impose an exceptional hardship on the applicant because of the atypical characteristics of the tent structures and their status as an interim use. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 94- 8 and Conditional Exception (Variance) No. 94-11 with findings and conditions of approval because 1) the request is consistent with the goals and objectives of the General Plan, and the tents will augment visitor services in the City of Huntington Beach; 2) the proposed tents will not be detrimental to the general welfare of persons residing or working in the vicinity; 3) there is adequate existing parking to serve the tents; and 4) the granting of the variance from floodplain requirements will not be detrimental to the health and safety of persons residing or working in the vicinity. THE PUBLIC HEARING WAS OPENED. Shawn Milbern, 660 Newport Center Drive, #1050, Newport Beach, representing applicant, gave a historical overview of the proposal. Mr. Milbern, stated the tent was primarily used for weekday business groups. He also stated that they will take all precautions to eliminate any noise problems that may concern the adjacent neighbors. Craig Rice, Board of Directors, Chamber of Commerce, stated the proposed project would benefit the community. Nancy Cohee, 7741 Seabreeze Drive, adjacent resident, submitted a petition in opposition of the request that was signed by surrounding residents. Ms. Cohee stated the proposed project is located too close to homes. PC N inutcs - 5/3/94 15 (pcm008) David E. Cohee, 7741 Seabreeze Drive, adjacent resident, spoke in opposition to the request stating his concern with the negative impact of additional noise. Paul Schafer, 7802 Seabreeze Drive, spoke in opposition to the request. JeffMorris-Reade, 7825 Seabreeze Drive, spoke in opposition to the request stating concern with negative noise impacts to the surrounding residents. Bob Traver, 7402 Coho Drive, #105, spoke in support of the request. Marty Wexler, 7786 Seabreeze Drive, spoke in opposition to the request and that he was concerned with negative noise impacts. Art Aviles, 9841 Mammoth Drive, spoke in support of the request stating it would enhance the Hotel's current capabilities. Joyce Riddell, 610-22nd Street, President Chamber of Commerce, spoke is support of the request. She stated that there was a need for meeting rooms of this type, and was confident the applicants would handle any noise conflicts. Suzanne Beukema, 9052 Christine Drive, spoke in support of the project. Ms. Beukema stated she was confident the applicant would run the proposed project in a professional, responsible manner. Richard Harlow, 211 Main Street, spoke in support of the request. Mr. Harlow stated that the property was zoned for this type of use, and urged approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed approving the request with the condition that a six (6) month review occur by staff and the parking areas nearest adjacent residents remain empty until all other lots are full. A MOTION WAS MADE BY KERINS, SECOND BY GORMAN TO APPROVE CONDITIONAL USE PERMIT NO.94-8 AND CONDITIONAL EXCEPTION (VARIANCE) NO.94-11 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff NOES: Richardson, Biddle ABSENT: Newman ABSTAIN: None MOTION PASSED PC Minutes - 5/3/94 16 (p=008) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.94-8: 1. The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity. The proposed use will comply with Chapter 8.40 Noise Control of the Huntington Beach Municipal Code. In addition, there are conditions imposed that regulate hours of amplified music and construction and disassembly. 2. The location, site layout, and design of the proposed tents properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The tents are an extension of an existing hotel and the proposed color scheme is compatible with the hotel. In addition, visual buffers exist between the - tents and public streets and most of the residential units. 3. The proposed use is consistent with the goals and objectives of the General Plan Land Use Element and Coastal Element and will augment visitor services in the City of Huntington Beach. 4. There will be adequate parking for the proposed tents as required by the Huntington Beach Ordinance Code. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 94-11• 1. There is good and sufficient cause to grant the requested floodplain variance. The tents are atypical structures in the sense that their side walls can be rolled up and they are intended as an interim use. 2. Failure to grant the floodplain variance would result in an exceptional hardship to the applicant. The purpose of the tents would be compromised severely reducing the economic viability of the project. 3. The granting of Conditional Exception (Variance) No. 94-11 will not result in increase flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local -laws or -ordinances. The proposed tents represent minor physical development which will not be injurious to the public and the construction of the tents allows their walls to be rolled up permitting the free flow of flood water. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-8: 1. The site plan, floor plans, and elevations received and dated April 1, 1994 shall be the conceptually approved layout. The colors and materials received and dated March 16, 1994 shall be the approved colors and materials. PC Minutes - 5/3/94 17 (p=008) 2. The use shall comply with the following: a. Amplified music address systems shall be limited to between 9:00 AM and 10:00 PM Sunday through Thursday and 9:00 AM to 11:00 PM Friday and Saturday. b. The applicant shall provide a minimum of one (1) security person to monitor the parking areas during events where alcohol is served. c. Parking in the parking lots closest to residents shall be used only after parking in the Waterfront Hilton parking structure approaches its capacity. 3. The Director of Community Development shall have the authority to allow on -site relocation of the tents as may be required to accommodate future development. Consideration shall be given to proximity to parking and the Waterfront Hilton Beach Resort and adequate distance and visual buffers between the tents and neighboring residential areas and Pacific Coast Highway. 4. Potted queen palms, eight (8) to 10 feet in height shall be placed 10 to 15 feet apart along the side of the main tent facing Pacific Coast Highway should the Huntington Beach Inn be demolished. This condition shall be satisfied at the commencement of demolition. 5. Applicant shall obtain a building permit for the tents prior to any events being held in the tents after May 5, 1994. 6. Fire Department requirements for the main tent are as follows: a. The membrane fabric shall be re -certified as to flammability every 12 months pursuant to Huntington Beach Fire Code Article 32. b. The applicant shall supply the various configurations for seating, aisles, display booths, etc. that may be used, prior to obtaining a certificate of occupancy. A Fire Department permit will be required for each layout supplied. c. Fire extinguishers shall be required per Huntington Beach Fire Code Article 32. d. Internal combustion engine vehicles shall not park closer than 40 feet to the tent. e. No smoking shall be allowed in the occupancy; no smoking signs shall be conspicuously posted. f. Exits shall be as submitted on plan date February 5, 1994. In addition, low level exit signs will be required. PC Minutes - 5/3/94 18 (pcm008) e. Smoke detection and fire alarm system shall be as noted on plan dated February 5, 1994. This alarm system shall be monitored on a 24 hour basis. f. Occupant load for the occupancy shall be a maximum of 300 persons. 7. Fire department requirements for the storage/preparation tent are as follows: a. The membrane fabric shall be re -certified as to flammability every 12 months pursuant to Huntington Beach Fire Code Article 32.. b. One fire extinguisher with a 2A/IOBC rating will be required. c. Internal combustion engine vehicles shall park no closer than 30 feet from the tent. d. Smoking shall not be allowed in the occupancy. No smoking signs shall be conspicuously posted. e. Two (2) exits shall be required per Article 32 of the Huntington Beach Fire Code. f. Minimum separation from any building, other tent, canopy, or other temporary membrane structure shall be 10 feet. 8. 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. 9. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 10. A review of the use, by the Planning Commission, shall be conducted within six (6) 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. If at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 94-8 and Conditional Exception (Variance) No. 94-11 may become null and void. 11. 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. Should there be three (3) substantiated Noise Ordinance Violations from tent activities in a calendar year, these entitlements shall be automatically scheduled for revocation hearing before the Planning Commission. 12. Conditional Use Permit No. 94-8 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 Mimics - 5/3/94 19 (pcm008) CODE REOUIREMENTS: 1. The applicant shall comply with Chapter 8.40 Noise Control of the Huntington Beach Municipal Code. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. Construction and disassembly shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. B-5 CONDITIONAL USE PERMIT NO.94-9: APPLICANT: Restaurant Kikuya/Mr. Wayne Chin LOCATION: 8052 Adams Avenue Conditional Use Permit No. 94-9 is a request to permit live entertainment at the Restaurant Kikuya at 8052 Adams Avenue. Mr. Wayne Chin (applicant) purchased what was formerly the Sakuro Japanese Restaurant and is now requesting to re-establish a live entertainment use. The applicant is proposing live entertainment nightly until 1:30 AM on weekends and 12:00 AM on week nights. In an effort to minimize potential disturbances to the nearby residences, applicant proposes a security guard in the parking lot during live jazz entertainment, currently scheduled for Friday through Sunday evenings. Applicant has received an entertainment permit from the Police Department for the proposed use. Because the applicant is not proposing dancing, the request does not compound the existing three (3) space parking deficiency created by dancing at the El Ranchito Restaurant (approved under Conditional Use Permit No. 94-3). Thus, there is adequate parking for the Restaurant Kikuya. STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve Conditional Use Permit No. 94- 9 with findings and suggested conditions of approval based upon the following: • The use will not be detrimental to surrounding land uses, and will be compatible with adjoining residential uses based upon the conditions imposed. • The use conforms to the goals and policies of the General Plan. PC Minutes - 5/3/94 20 (pcm008) • The access to and parking for the proposed live entertainment use does not create an undue traffic problem. THE PUBLIC HEARING WAS OPENED. Jeff Elsten, 19135 Beachcrest, representing applicant, gave a brief description of the request and stated he was available to answer questions. Mr. Wayne Chin, 8052 Adams Avenue applicant, stated he was available to answer questions. 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 KERINS, TO APPROVE CONDITIONAL USE PERMIT NO.94-9 WITH FINDINGS AND 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 USE PERMIT NO.94-9: 1. The establishment and operation of live entertainment 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 live entertainment use will not adversely impact the surrounding residential and commercial properties: 2. The granting of Conditional Use Permit No. 94-9 will not adversely affect the General Plan of the City of Huntington -Beach. The proposed live entertainment use is consistent with the General Plan land use designation and zoning for the location. 3. The access to and parking for the proposed live entertainment use does not create an undue traffic problem; there is adequate on -site parking to accommodate restaurant patrons. PC Minutes - 5/3/94 21 (p=008) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-9: 1. The site plan and floor plans dated July 28, 1993 shall be the conceptually approved layout. 2. The use shall conform with all conditions of the Entertainment Permit as approved by the Police Department. 3. A security guard to monitor the exterior of building, including the parking area, shall be present during live jazz performances. 4. A review of the use shall be conducted within six (6) months of the live entertainment operation to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Municipal and Ordinance Codes. A public hearing may be held should, at any time, there be violations of these conditions or code sections to the extent that such a hearing is deemed necessary by the Police Department or Community Development (Code Enforcement) Department. 5. The Planning Commission reserves the right to amend the conditions or revoke Conditional Use Permit No. 94-9 if any violation of these conditions of the Huntington Beach Municipal or Ordinance Code occurs. 6. 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 (10) day appeal period has elapsed. 7. Conditional Use Permit No. 94-9 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 the expiration date. CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. Service roads and fire lands, as determined by the Fire Department, shall be posted and marked. 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. 3. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. PC Minutes - 5/3/94 22 (p=008) 4. The development shall comply with all applicable provisions of the Ordinance code, Building Division, and Fire Department. 5. No sweeping or clean-up of the parking lot shall be permitted between 10:00 PM and 7:00 AM. 6. Dancing will not be permitted unless an application is made for such use and approved. C. CONSENT CALENDAR C-1 RESOLUTION NO. 1490: - Resolution of the City of Huntington Beach, Planning Commission, amending Section 6.b of the Planning Commission Bylaws to change regular meeting dates from the first and third Tuesday of every month to the second and fourth Tuesday of every month. A MOTION WAS MADE BY RICHARDSON, SECOND BY KERINS, TO ADOPT RESOLUTION NO. 1490, AMENDING SECTION 6.b OF THE PLANNING COMMISSION BY-LAWS, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 D-1 CONDITIONAL USE PERMIT NO.91-57 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO.92-2 - ONE (1) YEAR EXTENSION OF TIME (CONTINUED FROM THE APRIL 5. 1994 PC MEETING}: - Applicant: Jeff Bergsma One (1) year extension of time for an -approved request to construct a 2-story, 13,200 square foot building to be used as a health club. The approved plan included special permits for encroachment into the front, side and rear yard setbacks. LOCATION: 303 Third Street (northwest corner of third Street and Olive Avenue) THIS ITEM AUTOMATICALLY CONTINUED DUE TO THE LATENESS OF THE HOUR. PC Minutes - 5/3/94 23 (p=008) E. PLANNING COMMISSION ITEMS/INOUIRIES None F. COMMUNITY DEVELOPMENT ITEMS None G. ADJOURNMENT A MOTION WAS MADE BY KERINS, SECOND BY INGLEE, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, MAY 17, 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: ABSTAIN: Newman None MOTION PASSED /kjl APPRO Planning Co ssion Chairperson PC Minutes - 5/3/94 24 (p=008)