Loading...
HomeMy WebLinkAbout1994-06-14APPROVED 7/26/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 14, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE (arrived 7:10 PM) 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. Michael Turner, 535 Anton Blvd., Suite 800, Costa Mesa, representing applicant for item D-1, spoke in support of the project B. PUBLIC HEARING ITEMS 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 (CONTINUED FROM THE MAY 17, 1994 PC MEETINGI: APPLICANT: Jeff Bergsma, 221 Main Street, Suite H, Huntington Beach, CA 92648 LOCATION: 303 Third Street (northwest corner of Third Street and Olive Avenue) At the May 17, 1994, Planning Commission meeting, there were two (2) motions that resulted in tie (3-3) votes. The first was to deny the extension of time and schedule a public hearing to revoke the entitlements; and the second was to approve the extension of time. The tie votes resulted in an automatic continuance to this meeting. 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. 92-2, 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 T). These applications were originally continued from the April 5, 1994, Planning Commission meeting to allow the applicant to submit a conditional exception (variance) to allow a reduction in required parking from 88 spaces to 31 spaces. The Planning Commission denied Conditional Exception (Variance) No. 94-14 with findings at their May 3, 1994, meeting. 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. Commissioner Richardson stated that he had been absent from the Planning Commission meeting of May 17, 1994, when this item was discussed and continued. He stated he had reviewed the tape of this meeting and was prepared to act on the project. A MOTION WAS MADE BY INGLEE, SECOND BY NEWMAN, TO APPROVE THE REQUEST FOR A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO.91-57 WITH SPECIAL PERMITS AND COASTAL DEVELOPMENT PERMIT NO. 92-2, BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Dettloff, Richardson, Newman NOES: Kerins, Biddle ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes-6/14/94 2 (pcm010) A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO AMEND THE PREVIOUS MOTION. THE AMENDMENT WAS TO CHANGE A ONE (1) YEAR EXTENSION OF TIME TO SIX (6) MONTHS, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle NOES: Gorman, Inglee, Dettloff, Richardson, Newman ABSENT: None ABSTAIN: None MOTION FAILED It should be noted that the Planning Commission's action to grant the extension of time does not supersede the requirement to comply with all applicable provisions of the Ordinance Code (Condition No: 6 of Conditional Use Permit No. 91-57 Conditions of Approval). Specifically, the applicant is required to comply with the current parking requirements as specified by the code. B. PUBLIC HEARING ITEMS B-1 USE PERMIT NO. 93-94/CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41/SPECIAL SIGN PERMIT NO. 93-16 (CONTINUED FROM THE MAY 1.7, 1994, PC MEETING): APPLICANT: Southern California Restaurant Enterprises, LOCATION: 17501 Beach Boulevard Use Permit No. 93-94 is a request to establish an 760 square foot drive -through restaurant with a 592 square foot outdoor dining area with a variances to allow the building to encroach into front yard and sight angle setbacks and to permit a reduction in landscape planter areas along Beach Boulevard. Special Sign Permit No. 93-16 includes wall signs, 13 foot high freestanding sign, changeable copy signs, additional menu boards, and directional signs. These applications were continued from the March 15, 1994, Planning Commission meeting to allow the applicant an opportunity address concerns of the project raised at the meeting. The applicant also requested continuance from the April 19 and May 17, 1994 Planning Commission meetings to finalize acquisition of the vacant, adjacent westerly parcels. A revised site plan which incorporates the westerly vacant parcel and reduces the number of variances was received April 6, 1994. Since the project boundaries have been expanded, a revised public notification list was prepared and revised public notice distributed. The report analyzes the revised project. PC Minutes-6/14/94 3 (pcm010) STAFF RECOMMENDATION: Staff is recommending approval of the revised plan with modifications. A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE, TO CONTINUE USE PERMIT NO. 93-94/CONDITIONAL EXCEPTION (VARIANCE) NO.93-41/SIGN PERMIT NO.93-16 TO THE JULY 12, 1994 PLANNING COMMISSION MEETING AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 ZONE CHANGE NO. 94-1: APPLICANT\ PROPERTY OWNER: Seacliff Partners, 520 Broadway, Suite 100, Santa Monica, CA 90401 LOCATION: Approximately 75 feet north of Island Bay Lane adjacent to the Seacliff Golf Course Zone Change No. 94-1 is a request by Seacliff Partners to rezone a 4,139 square foot lot located approximately 75 feet north of Island Bay Lane, which is adjacent to the Seacliff Golf Course from R1 (Low Density Residential) to ROS-O (Recreational Open Space with Oil Production). STAFF RECOMMENDATION: Staff supports the request because it is consistent with the General Plan, compatible with adjacent zoning designations, and is the most appropriate zoning for the property based upon the use. THE PUBLIC HEARING WAS OPENED. Richard Loyd, Seacliff Partners, 23 Corporate Plaza, Newport Beach, representing applicant, stated he was available to answer any questions. PC Minutes-6/14/94 4 (pcm010) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE ZONE CHANGE NO.94-1 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS OF APPROVAL - ZONE CHANGE NO. 94-1: 1. Zone Change No. 94-1 to rezone a 4,139 square foot lot from RI (Low Density Residential) to ROS-O (Recreational Open Space -Oil Production) will result in an increase of Recreational Open Space which is consistent with the City's Land Use Element by conforming to the policy of retaining recreation open space. 2. Zone Change No. 94-1 is consistent with the General Plan Land Use Element designation of Low Density Residential based upon the Zoning and Land Use Element consistency matrix. The matrix allows ROS and O (Recreational Open Space -Oil Production) zoning designations in this land use category. 3. Zone Change No. 94-1 is compatible with surrounding zoning designations. The rezone is identical to the ROS-O (Recreational Open Space -Oil Production) zoning designation on the adjacent golf course property. B-3 CONDITIONAL USE PERMIT NO. 94-7: APPLICANT: Rabbi- Yitzchok Newman, 14401 Willow Lane, Westminster, CA 92683 LOCATION: 14401 Willow Lane (Hebrew Academy School) Conditional Use Permit No. 94-7 is a request to construct a Junior Olympic swimming pool, a wading pool, and a 2,836 square foot locker/shower facility and concession area, on the existing private school site of the Hebrew Academy, for student use only. The applicant is proposing use of the pool, shower/locker facilities and the concession area PC Minutes-6/14/94 5 (pcm010) 1 during the hours of the school's instructional sessions only, from 8:30 AM to 3:30 PM, Monday through Fridays, year round. The pool complex is for instructional purposes for internal use only. No competitive sports will be conducted within the pool complex. A traffic analysis concluded that the proposed pool complex will not create an increase in traffic on surrounding streets. STAFF RECOMMENDATION: The Hebrew Academy meets the code requirement for on -site parking. Staff is recommending the Planning Commission approve conditional Use Permit No. 94-7 with findings and suggested conditions of approval based upon the following: The pool will be used solely for instructional purposes during school session hours only, so the use will be compatible with the surrounding residential uses. 0 The use conforms to the goals and policies of the General Plan. The use will not be detrimental to the general welfare of persons residing or working in the vicinity, nor will it generate any significant noise, traffic or other impacts which would be detrimental to adjacent residential uses. A letter was received by the applicant dated June 14, 1994, requested a continuance to clarify several issues and discuss the project further with staff. Staff supports this request. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO CONTINUE CONDITIONAL USE PERMIT NO.94-7 TO THE DULY 12, 1994 PLANNING COMMISSION MEETING AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes-6/14/94 (pcm010) B-4 SPECIAL SIGN PERMIT NO. 93-7: APPLICANT: A-1 Sign Service, 3309 E. Miraloma Avenue #104, Anaheim, CA 92806 LOCATION: 17732 Beach Boulevard (northeast corner of Beach Boulevard and Newman Avenue) Special Sign Permit No. 93-7 is a request to raise an existing 36 square foot monument sign from six (6) feet in height to 12 feet in height, in lieu of the seven (7) foot high code requirement. The request also includes relocating the sign towards the northwestern portion of the site, approximately eight (8) feet from the existing sign location. STAFF RECOMMENDATION: Staff is recommending approval of Special Sign Permit No. 93-7 for the following reasons: The proposed sign is compatible with surrounding signs in the area. The proposed sign will not be detrimental to properties located in the vicinity. The proposed sign will not obstruct vehicular, or pedestrian traffic visibility. There are unique conditions applicable to the subject property which will result in a substantial hardship to the applicant is strict compliance with the sign code is not relieved. THE PUBLIC HEARING_ WAS. OPENED. Rick Adrian, applicant, stated he was available to answer any 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 NEWMAN, SECOND BY INGLEE, TO APPROVE SPECIAL SIGN PERMIT NO.93-7 WITH FINDINGS AND 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-6/1If/ 94 7 (pcmolo) FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 93-7: 1. Strict compliance with Article 961 will result in a substantial hardship to the applicant due to the physical constraints of the property, including the traffic signals, landscaped planters and the natural grade of Beach Boulevard, which impair the visibility of the sign. 2. The proposed 12 foot high, 36 square foot pole sign will not adversely affect other signs in the area and will not be detrimental to properties located in the vicinity of such sign, because it is compatible with surrounding signs in the area. 3. The proposed sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction, as the sign conforms to the code requirements regarding setbacks and the sight angle clearance zone. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO.93-7: The site plan and sign elevations received and dated May 26, 1994, shall be the conceptually approved layout with the following modifications: a. The six (6) foot modified arch sign support shall consist of stucco material to match the on -site building. CODE REOUIREMENT: 1. This special sign permit shall not become effective until the ten (10) day appeal period has elapsed. B-5 SPECIAL SIGN PERMIT NO. 94-2 APPLICANT: Mr. Dave Bartlett, 6082 Jade Circle, Huntington Beach, CA 92647 LOCATION: 9045 Adams Avenue (northeast corner at Magnolia and Adams Avenues) Special Sign Permit No. 94-2 proposes the continued use and alteration of copy to an existing non -conforming pole sign at the Huntington Beach Shopping Center at the northeast corner of Adams and Magnolia Avenues pursuant to Section 9610.7 of the Huntington Beach Ordinance Code until such time that structural alterations are made to the sign. No structural alterations are proposed for the sign at this time, however. PC Minutes-6/14/94 8 (pcm010) The sign is designed to identify the Center's two (2) major tenants and has two (2) panels. The total area of the sign is 220 square feet; the sign is 24.5 feet high. The sign exceeds the maximum area allowed by Huntington Beach Ordinance Code by 150 square feet and the maximum height by nine (9) feet, one (1) inch. The sign is also not located in a landscape planter as required by Code. The sign is setback 51 feet from Adams Avenue. Compared with other signs in the vicinity, the subject sign is taller and has a significantly larger sign area but is setback much farther from the property line. The Huntington Beach Shopping Center is in the beginning stages of a revitalization eff6rt. A facade remodel of the center is anticipated in the next five (5) years. The applicant has suggested that if the facade remodel is undertaken, the subject sign would be structurally modified for compatibility with the center facade or replaced by a new, conforming sign. STAFF RECOMIvEF-NDATION: Staff is recommending approval of the sign for a two (2) year period with findings and suggested conditions of approval. Although the sign does not meet code requirements in terms of height, sign area or landscaping, it is not obtrusive given its setback and the center does not have other freestanding signs. Staff feels that the two (2) year period would provide adequate time for the center to begin its facade remodel. Two (2) alternative actions have been suggested. One (1) alternative is to approve the special sign permit for a five (5) year period to allow more time for the facade remodel. The second alternative is the denial of Special Sign Permit No. 94-2. The Commissioners questioned staff as to the applicant's request of five (5) years and staffs recommendation of two (2) years. Staff explained that the applicant was requesting five (5) years to give the center time to advertise the new businesses and to fill the existing center with tenants. THE PUBLIC HEARING WAS OPENED. Dave Bartlett, 6082 Jade, applicant, stated he concurred with most of staffs recommendations except their recommendation for a two (2) year permit versus their request for a five (5) year permit: He -stated the five (5) years would give them time to improve the center and attract tenants. He stated he was in favor of Alternative B. Jeff Schulein, 9045 Adams Avenue, tenant in the center, spoke in support of the project, restating the previous speakers points. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes-6/14/94 9 (pcm010) A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO APPROVE SPECIAL SIGN PERMIT NO. 94-2 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: Newman, Inglee ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 94-2: 1. The proposed sign at 9045 Adams Avenue will not obstruct pedestrian or vehicular traffic vision. The sign is setback 51 feet from the property line, an adequate distance so as not to obstruct traffic flow. 2. The proposed 24.5 foot high pole sign will not adversely affect other signs in the area or be detrimental to property located in the vicinity of such sign and will be compatible with the surrounding area. Approval for a two (2) year period will not interfere with other signs in the area. 3. Strict compliance with Article 976 will result in a substantial economic hardship to the applicant. The Huntington Beach Shopping Center is trying to attract new tenants for which the proposed sign will be used for business identification. The sign serves as the primary identification from both Adams and Magnolia Avenues. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 94-2: 1. The site plan and sign elevations received May 6, 1994 shall be the approved layout, with copy for the lower panel of the sign to be determined. 2. The 24.5 foot high pole sign shall be removed within two (2) years of the date of this approval or at the time of the facade remodel at the Huntington Beach Shopping Center, whichever comes first. The Planning Commission may extend this period for an additional two (2) years if evidence is provided that the applicant is, with a good faith effort, pursuing improvements to the center (e.g., the applicant shows evidence of meetings with the other four property owners of the shopping center to develop a remodel plan; landscaping improvements are made; development of a master sign plan; etc.). PC Minutes-6/14/94 10 (pcm010) 3. Prior to the issuance of building permits, the applicant shall file a cash bond in the amount of $2,000 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the 24.5 pole sign. If the sign is not made to conform with the applicable provisions of the sign ordinance after two (2) years from the date of approval, or remodel of the property, whichever comes first, the City of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. 4. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED APRIL 5 1994: A MOTION WAS MADE BY BIDDLE, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 5, 1994, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: Newman, Inglee ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Kerins - thanked staff for supplying the Commission with Planning Commission Inquiry status report and Planning Division Pending Item list. Commission Inlee - said that the City Council may offer monies to help a skateboard park within the school district. He felt this was inappropriate as the school district states it is unable to repair the deteriorated tennis courts at Alqonquin & Edinger. Commissioner Richardson - announced the next Community Meeting on Saturday, June 25, 1994, where City officials and staff would tour the community on foot. PC Minutes-6/14/94 11 (pcm010) 1 F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated actions taken at the June 6, 1994, City Council meeting. G. ADJOURNMENT A MOTION WAS MADE BY GERMAN, SECOND BY KERINS, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, JUNE 28, 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl PC Minutes-6/14/94 12 Planning Co mission Chairperso (pcm010)