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HomeMy WebLinkAbout1994-07-12APPROVED 8/9/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 12, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P A (EXCUSED) 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. None 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 JUNE 14, 1994 PLANNING COMMISSION MEETING): APPLICANT: Southern California Restaurant Enterprises, 108 Orange Street, Suite A, Redlands, CA 92373 LOCATION: 17501 Beach Boulevard (Southwest California Restaurant Enterprises, 109 Orange Street, Suite A, Redlands, CA 92373 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, May 17, and June 14, 1994, Planning Commission meetings to finalize acquisition of the vacant, adjacent westerly parcels The applicant is requesting an additional continuance to a date uncertain. - Prior to rescheduling the future meeting, staff will re -advertise the project. STAFF RECOMMENDATION: Staff is recommending continuance of the project indefinitely as requested by the applicant. A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE, TO CONTINUE USE PERMIT NO.93-94, CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41 AND SPECIAL SIGN PERMIT NO.93-16 TO A DATE UNCERTAIN, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED B-2 CONDITIONAL USE PERMIT NO. 94-7 (CONTINUED FROM THE DUNE 14, 1994 PLANNING COMMISSION MEETING): APPLICANT: LOCATION PC Minutes - 7/12/94 Rabbi Yitzchok Newman, 14401 Willow Lane, Westminster, CA 92683 14401 Willow Lane (Hebrew Academy School) 2 (pcm012) 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. This item was originally scheduled for the June 14, 1994, Planning Commission meeting; however, the applicant requested a continuance to the July 12, 1994, Planning Commission meeting. The applicant has again requested a continuance of this item to an unspecified Planning Commission meeting in the future. The continuance request is due to the mourning observation week of the Jewish religion from July 10-16, 1994. When a public hearing date has been scheduled, staff will re -notice the surrounding property owners. STAFF RECOMMENDATION: Staff supports the request for a. continuance -to -an -undetermined date of the Planning Commission. A MOTION WAS MADE BY KERINS, SECOND BY INGLEE, TO CONTINUE USE PERMIT NO.93-94, CONDITIONAL EXCEPTION (VARIANCE) NO. 93-41 AND SPECIAL SIGN PERMIT NO.93-16 TO A DATE UNCERTAIN, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED B-3 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO. 94-21 AND CONDITIONAL EXCEPTION NO.94-17: APPLICANT: Mr. John Carmona, Carmona & Associates, Inc., 371 Lexington Street; Upland, CA 91784 LOCATION: 6045 Warner Avenue (Sea Aira Mobile Estates) Transmitted for your review is an appeal filed by Mr. John Carmona, applicant's representative, of the Zoning Administrator's Denial of Use Permit No. 94-21 and Conditional Exception No. 94-17, a request to permit an additional mobile home space PC Minutes - 7/12/94 3 (p=012) within the Sea Aira Mobile Estates. The request includes a variance to provide 350 square feet of private open space in lieu of an additional 200 square feet of common recreational open space, and to eliminate the required recreational vehicle storage area in the park. In his appeal letter, the applicant argues that the present mobile home ordinance should not apply to existing mobile home parks. He states that existing mobile home parks are required to comply with standards in effect at the time of original construction. The applicant is requesting an additional mobile home space which does not exempt them from current standards. Since the present code requires additional common open space and a recreational vehicle parking area, the applicant is seeking relief from to those requirements. STAFF RECOMMENDATION: Staff recommends the Planning Commission uphold the Zoning Administrator's action and deny Use Permit No. 94-21 and Conditional Exception No. 94-17 because there are no special circumstances that warrant an exception to the recreational vehicle storage requirement. The appellant's contention that the park is non conforming, thereby allowing the park to provide no RV storage, is an improper interpretation. The addition of a new space requires compliance with all current code provisions. THE PUBLIC HEARING WAS OPENED. John Carmona, representing applicant, clarified their position of the proposed project and gave a brief history of the site. Mr. Carmona referenced their appeal letter attached to the staff report, and stated they were in favor of Exhibit `B" findings and conditions of approval. Gene Pica, property owner, stated availability to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The majority of the Commission expressed concern that not all the tenants in the trailer park had been notified of this public hearing, and requested a continuance in order to allow notification. Commissioners' Inglee and Newman stated their support for the project as it stands. PC Minutes - 7/12/94 4 (pcm012) A MOTION WAS MADE BY KERINS SECOND BY BIDDLE, TO CONTINUE THE APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO. 94-21 AND COASTAL EXCEPTION (VARIANCE) NO.94-17, TO NOTIFY TENANTS OF THE PARK OF THE PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Kerins, Dettloff, Richardson, Biddle NOES: Inglee, Newman ABSENT: Gorman ABSTAIN:' None MOTION PASSED B-4. USE PERMIT NO. 94-35: APPLICANT: Douglas Young, 4949 Warner Avenue, Huntington Beach, CA 92649 LOCATION: 19551 Beach Boulevard (west side between Yorktown Avenue and Utica Street) Use Permit No. 94-35 is a request to establish a seven (7) bay self -serve car wash on a lot previously utilized for the sales and leasing of new and used automobiles. The applicant's proposed hours of operation are 6:00 AM to 11:00 PM, Sundays through Saturdays. The proposed car wash meets the code requirement for on -site parking. STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve Use Permit No. 94-35 with findings and suggested conditions of approval based upon the following: The proposed use is compatible with the surrounding commercial uses. The proposed use conforms to the goals and policies of the General Plan. The proposed 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 surrounding commercial and adjacent residential uses. PC Minutes - 7/12/94 5 (p=012) THE PUBLIC HEARING WAS OPENED. Douglas Young, 4949 Warner Avenue, 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 RICHARDSON, SECOND BY NEWMAN, TO APPROVE USE PERMIT NO.94-35 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 - USE PERMIT NO. 94-35: 1. The establishment, maintenance and operation of a seven (7) bay self -serve car wash will not be detrimental to the general welfare of persons working or residing in the vicinity, nor will it be detrimental to property values and improvements in the area. The proposed self -serve car wash will not adversely impact the surrounding commercial properties because there is sufficient on -site parking, measures to mitigate adverse noise impacts, and the hours of operation will be restricted to prohibit 24 hour use of the site. 2. The location, site layout, provisions of parking and design of the proposed self -serve cart wash properly adopts to the facing arterial, driveways and other adjacent structures and uses in a harmonious manner, as the driveway approach, building design and setbacks conform to the surrounding sites and buildings on Beach Boulevard. 3. The granting of Use Permit No. 94-35 will not adversely affect the General Plan of the City of Huntington Beach because the proposed self -serve car wash is consistent with the General Commercial land use designation of the General Plan. CONDITIONS OF APPROVAL - USE PERMIT NO.94-35: 1. The site plan, floor plans, and elevations received and dated June 28, 1994, shall be the conceptually approved layout including fencing material, with the following modification: a. One (1) handicap parking space shall be provided on the subject property.. PC Minutes - 7/12/94 6 (pcm012) 2. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 3. Prior to application for building permits, the subject property shall enter into an irrevocable offer for reciprocal access between the subject site and adjacent properties. A copy of the legal, instrument shall be approved by the City Attorney as to form and content and when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development prior to occupancy. 4. The hours of operation of the seven (7) bay, self -serve car wash shall be limited to be between 6:00 AM and 11:00 PM, Sundays through Saturdays. 5. Each of the seven (7) vacuums shall be equipped with a "quiet kit" to ensure minimal noise impacts. 6. The chain link fence located at the southern portion of the subject site shall be replaced with a wall of material and colors to be reviewed and approved by staff at the time development of the adjacent southern property occurs.. 7. Fire Department requirements are as follows: 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. The number for the building shall be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. 8. Public Works Department requirements are as follows: a. A landscape plan and grading plan shall be submitted for review and approval prior to issuance of building permits. b. The existing driveway shall be modified to conform to the approved street improvement plan dated July 15, 1987. c. Remove and replace existing sidewalk as necessary for driveway modification d. The on -site drainage system shall connect to the existing storm drain located within Beach Boulevard. A National Discharge Pollution Elimination System (NDPES) Permit is require prior to issuance of grading permit. PC Minutes - 7/12/94 7 (p=012) e. The applicant shall construct a private on -site sewer system to the satisfaction of the Public Works Department, Building Division and the Orange county Health Department. f. The applicant shall obtain all necessary CalTrans permits. g. All public Works fees shall be paid prior to issuance of building permits. 9. 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. 10. 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. 11. 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 the Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. 12. The Planning Commission reserves the right to revoke Use Permit No. 94-35 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 13. Use Permit No. 94-35 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. PC Minutes - 7/12/94 8 (p=012) CODE REOUIREMENTS: 1. All 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. 4. The Traffic Impact Fee shall be paid at the time of final inspection or Certificate of Occupancy. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. - Construction shall be prohibited on Sundays and Federal holidays. - B-5 CONDITIONAL USE PERMIT NO. 94-17: APPLICANT/ PROPERTY OWNER: Erwin Hermanns, 7561 Center Avenue # 45, Huntington Beach, Ca 92647 M LOCATION: 7561 CENTER AVENUE, #45 Conditional Use Permit No. 94-17 is a request to permit a 504 square foot, one-story addition to an existing retail business in the Old World Village. The proposed addition will be used for office, storage and display purposes for an existing crystal and gift shop. The proposed addition will increase the amount of required parking for the existing retail shop by three (3) spaces, which is provided on -site. STAFF RECOMMENDATION: Staff -is recommending the Planning Commission approve Conditional Use Permit No. 94- 17 with findings and suggested conditions of approval based upon the following: • The proposed addition is compatible with the surrounding mixed commercial and residential land uses. • The proposed addition conforms to the goals and policies of the General Plan. PC Minutes - 7/12/94 9 (p=012) The proposed addition 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 uses. Commissioner Inglee stated he would be abstaining from the vote, as his business was within 300 feet of the proposed location. THE PUBLIC HEARING WAS OPENED. Lane Curtis, representing applicant, stated that the proposed project would improve business in the area and upgrade the property values. 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 RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 94-17 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Dettloff, Richardson, Biddle NOES: None ABSENT: Gorman, Newman (out of room) ABSTAIN: Inglee MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.94-17: 1. The establishment, maintenance and operation of a 504 square foot, single floor addition to an existing business for purposes of office, display and storage, will not be detrimental to the general welfare of persons working or residing in the vicinity, nor will it be detrimental to property values and improvements in the area because it will not increase the demand for parking, nor will it alter the operation of the existing retail shop. 2. The location, site layout and design of the proposed 504 square foot addition properly adapts to the other adjacent structures and uses in a harmonious manner. The proposed addition will maintain similar setbacks as the existing and surrounding structures, and will comply with all applicable City codes, including the preservation of the existing open space of the subject site. PC Minutes - 7/12/94 10 (p=012) 3. The granting of Conditional Use Permit No. 94-17 will not adversely affect the General Plan of the City of Huntington Beach. The proposed 504 square foot addition, in conjunction with an existing business located beneath a second story residence, is consistent with the Mixed Development Land Use designation of the General Plan. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-17: 1. The site plan, floor plans, and elevations received and dated May 16, 1994, shall be the conceptually approved layout. 2. Construction shall be limited to Monday - Saturday 7:00 a.m. to 8:00 p.m. Construction shall be prohibited on Sundays and Federal holidays. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 17 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 4. Conditional Use Permit No. 94-17 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 thirty (30) days prior to the expiration date. CODE R.EOUIREMENTS: 1. Exits shall conform to the Uniform Building Code (UBC). 2. All Public Works fees shall be paid including the Traffic Impact Fee. 3. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and Standards. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. B-6 CODE AMENDMENT NO.94-2: APPLICANT: LOCATION: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 City -Wide PC Minutes - 7/12/94 11 (p=012) L Code Amendment No. 94-2 was initiated by staff at the City Council's request to change the composition of the Design Review Board's membership. Currently, the Design Review Board is composed of five (5) members. Of the members, one is a City Councilmember and one is a city resident, pursuant to Section 9853 of the Huntington Beach Ordinance Code. The proposed code amendment would replace the City Councilmember on the Design Review Board with a second At -large member that is a city resident. The code amendment also clarifies language pertaining to the terms and appointments of Design Review Board members, and it clarifies a section of the Huntington Beach Municipal Code pertaining to authority of the Design Review Board. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Code Amendment No. 94-2 with findings and forward to City Council for adoption as it will allow for greater community input. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSON PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Inglee stated that as a current member of the Design Review Board, he felt it would be a mistake to remove a City Council Member. He suggested that a City Council member remain as a member and add a member at -large. A MOTION WAS MADE BY INGLEE, SECOND BY BIDDLE, TO APPROVE CODE AMENDMENT NO. 94-2 AS MODIFIED BY THE COMMISSION TO RETAIN A CITY COUNCIL MEMBER AND ADD AN AT -LARGE MEMBER OF THE PUBLIC MAKING IT A BODY OF SIX (6) WITH FINDINGS, AND FORWARD TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes - 7/12/94 12 (pcm012) FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 94-2: 1. Code Amendment No. 94-2, to increase the total Design Review Board members to six (6) by adding a second at -large city residents, will allow for more community input in the design of projects. Project design will better reflect the goals and vision of city residents. 2. Code Amendment No. 94-2 is consistent with goals and policies of the General Plan because it allows for more community input in the design of projects. C. CONSENT CALENDAR C-1 RESOLUTION NO. 1492: Resolution of the Planning Commission of the City of Huntington Beach, amending the Planning Commission By-laws to incorporate the following changes: 1. Change Chairman to Chairperson, throughout the document. 2. Change he to their or they are throughout the document. 3. Change himself to theirself throughout the document. A MOTION WAS MADE BY RICHARDSON, SECOND BY KERINS, TO CONTINUE RESOLUTION NO. 1492 TO A DATE UNCERTAIN, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED MAY 3, 1994: A MOTION WAS MADE BY BIDDLE, SECOND BY RICHARDSON, TO APPROVE THE PLANNING COMMISSION MINUTES DATED MAY 3, 1994, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes - 7/12/94 13 (pcm012) D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMSANOUIRIES Commissioner Kerins - stated an error had been made on the Planning Commission Action Agenda of June 28, 1994. Staff stated they had already corrected the error and would be distributing the revised page. Commissioner Inglee - regarding Planning Commission Inquiry No. 94-5, tennis court disrepair, requested that staff make a final inquiry about the city lighting. It was decided that a letter addressed to the school district would be drafted and presented at the next meeting for Planning Commission signature, requesting repair of the tennis courts. Commission Richardson - requested staff to investigate a pot hole northbound on Algonquin Avenue. Commissioner Newman - requested staff to further investigate the left turn pocket at Warner Avenue and Pacific Coast Highway. She stated that it was her understanding that money had already been put aside for this project, and asked staff to present her with a time line. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated action taken at the July 11, 1994, City Council meeting. G. ADJOURNMENT A MOTION WAS MADE BY DETTLOFF, SECOND BY INGLEE, TO ADJOURN TO A 6:30 PM STUDY SESSION TUESDAY, JULY 26, 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 APP VED BY: tylvard Zelef ec ary Planning Ornmission Chairpdsdn PC Minutes - 7/12/94 14 (p=012)